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HomeMy WebLinkAbout05/23/2005 l I I' 6:30 p.m. Pre-Meeting ~\~:;]~;\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING Mav 23, 2005 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF Mav 9. 2005 PROCLAMATIONS AND CEREMONIES Cancer Survivors Day - June 5, 2005 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 Aaenda: A. RESOLUTION 26-2005 A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE PURCHASE OF SNOW AND ICE CONTROL EQUIPMENT, ALONG WITH AMENDING THE FISCAL YEAR 2005 GENERAL BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $105,000 B RESOLUTION 27-2005 A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $14,864 TO REINSTATE ONE RECREATION CLERK POSITION AT THE SENIOR CENTER/COMMUNITY CENTER FROM 0 5 FTE TO 1 0 FTE CITY COUNCIL AGENDA. MAY 23,2005 Page -2- C RESCHEDULE CITY COUNCIL STUDY SESSION SCHEDULED FOR JULY 4,2005 TO WEDNESDAY, JULY 6,2005 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Item 3. A. COUNCIL BILL 06-2005 AN ORDINANCE ESTABLISHING AGRICULTURE ONE ZONING FOR A PORTION OF STATE HIGHWAY 58 RIGHT-OF-WAY LOCATED GENERALLY WEST OF 1-70 AND EAST OF ELDRIDGE STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (Case No WZ-05/04/Highway 58) B COUNCIL BILL 07-2005 AN ORDINANCE ESTABLISHING PLANNED COMMERCIAL DEVELOPMENT ZONING FOR PROPERTY LOCATED GENERALLY WEST OF 1-70, SOUTH OF HIGHWAY 58, AND NORTH OF WEST 32ND AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (Case No WZ-05-01/Cabela's & Coors) PUBLIC HEARING ON REQUEST FOR APPROVAL OF A FINAL DEVELOPMENT PLAN FOR PROPERTY LOCATED WEST OF 1-70, SOUTH OF STATE HIGHWAY 58, AND NORTH OF WEST 32ND AVENUE. (Case No WZ-05-02) - 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) ORDINANCES ON FIRST READING Item 4. Item 5. COUNCIL BILL 10-2005 AN ORDINANCE ADOPTING MANDATORY MINIMUM PENALTIES FOR VIOLATING THE VEHICLE INSURANCE PROVISIONS OF THE MODEL TRAFFIC CODE, AS ADOPTED BY THE CITY, AND AUTHORIZING THE RETENTION OF FIFTY PERCENT OF SUCH COLLECTED PENALTIES AS AUTHORIZED BY LAW CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT @BW @@Q1J~@~[s ~n~Q1Jlf~@ CITY OF WHEAT RIDGE, COLORADO Mav 9, 2005 Mayor Cerveny 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 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 April 25, 2005 Motion by Mr DiTullio for the approval of the Minutes of April 25, 2005, seconded by Mrs Sang, carried 8-0 PROCLAMATIONS AND CEREMONIES Detective Bill Johnson, Arvada Police Department, and President of Colorado Auto Theft Investigators Association (CATI), presented awards to Officer Kevin Koback and Officer David Piermattei for their efforts in an investigation they conducted within the Wheat Ridge Police Department. - Mayor Cerveny read Proclamation for Nurses Week. Colleen Casper, Chief Operating Officer of Exempla Lutheran, accepted the Proclamation in honor of 13 nurses nominated for the Colorado Nightingale Award Three of the nominees were also present to accept the proclamation Mayor Cerveny read Proclamation for Mental Health Month for May 2005 and presented it to Mark Stone Mayor Cerveny read Proclamation for ALS Awareness Month - May 2005 CITIZENS' RIGHT TO SPEAK Roger Loecher, 4599 Carr Street, presented buttons that read "I'm from Wheat Ridge- Ask me" APPROVAL OF AGENDA Motion by Mrs Rotola to adjourn to executive session after the meeting, seconded by Mrs Sang: carried 7-1 with Mr Gokey voting no "> CITY COUNCIL MINUTES May 9, 2005 Page -2- Item 1. Consent AQenda: A. Approve Award of ITB-05-06 2005 Overlay Project in an amount not to exceed $586,479 85 (including contingency) B RESOLUTION 23-2005 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF WHEAT RIDGE AND THE CITY OF LAKEWOOD FOR REIMBURSEMENT FOR STREET IMPROVEMENTS TO WEST 32ND AVENUE BETWEEN MORNINGSIDE DRIVE AND SIMMS/SWADLEY STREET C RESOLUTION 24-2005 A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $6,279.25 FOR EMERGENCY RESPONSE ENVIRONMENTAL CLEAN-UP SERVICES D RESOLUTION 25-2005 A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $7,000 00 FOR LEGISLATIVE SERVICES E. Approval of Payment to CIRSA for deductible portion of claims paid by CIRSA for March property casualty in the amount of $29,51764 F Allocation of $40,000 from the 2005 Capital Improvement Budget to the 38th Avenue Business District. Consent Agenda was introduced and read by Mrs Adams Mr Schulz asked to pull Item 1 F Motion by Mrs Adams for approval of the Consent Agenda Items 1A-1 E, seconded by Mrs Rotola, carried 8-0 Motion by Mr Schulz to continue Item 1 F until the 38th Avenue Business District can review its mission in light of their Board decision to expand to the entire City, provide a detailed financial report and a business plan for the next year; seconded by Mrs Adams Mr DiTullio made a substitute motion I move to allocate $40,000 from the CIP account 30-610-700-721 to the 38th Avenue Business District; seconded by Mrs Sang Mr DiTullio explained that at the last meeting of the 38th Avenue Business District the board renamed their business district to the "Wheat Ridge Business District" by a vote of 8-1 They want to allow all businesses in Wheat Ridge to apply for the grant money the board currently has. He asked that the City Attorney explain that the Articles of Incorporation were amended properly and he will come back and talk about the funding CITY COUNCIL MINUTES May 9, 2005 Page -3- Mr Dahl stated that the Articles of Incorporation for the 38th Avenue Business District provide for a board of 11 members Three of those members are appointed by the City Council The other members are elected board members that are not appointed by the Council, so you have a total of eleven. The Articles can be amended at any time by Resolution of the Board of Directors by 2/3 vote of the entire membership Mr DiTullio gave an accounting of the money that has been spent on fa9ade improvements, awnings, lighting, architectural design, etc. Eugene Kiefel spoke on behalf of what is now the Wheat Ridge Business District. He asked that Council ease up on the sign restrictions. He is very optimistic that by including the entire City they will receive many applications from business people that need help Roger Loecher spoke in support of the efforts of the 38th Avenue Business District and the expansion of the district throughout the City and that the long term effects will pay for itself Amendment to the substitute motion by Mr Gokey that upon approval or failure of the substitute motion this subject come to a Study Session, seconded by Mrs Rotola, carried 8-0 Amendment to the substitute motion by Mr. Schulz that at the Study Session we look at _ a detailed financial report and business plan for the next year; seconded by Mrs Adams, failed 5-3, with Councilmembers Schulz, Adams, and Berry voting yes Mr DiTullio's substitute motion as amended carried 7-1, with Ms Berry voting no Substitute Motion as amended carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. 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) Mayor Cerveny opened the public hearing Council Bill 05-2005 was introduced on second reading by Mr DiTullio Mr DiTullio read the executive summary and the statement of the issues City Clerk Pam Anderson assigned Ordinance No 1343 Alan White, Director of Community Development, presented the staff report and answered questions from Council CITY COUNCIL MINUTES May 9, 2005 Page -4- Mayor closed the public hearing Motion by Mr Schulz to continue this item until such time as the Council and Board of Adjustment can hold a joint study session, to include a briefing to the Board regarding the strategic plan, and any related Neighborhood Revitalization Study team recommendations, seconded by Mrs Adams Substitute motion by Mr DiTullio to approve Council Bill 05-2005 (Ordinance No 1343) on second reading and that it take effect immediately upon adoption, seconded by Mrs Sang, tied 4-4, Mayor broke the tie by voting no Motion failed 5-4 with Councilmembers Stites, Sang, DiTullio, and Gokey voting yes. Motion to amend by Mr Gokey to bring the item to the next study session and to then proceed to the next City Council meeting, seconded by Mr DiTullio, carried 7-1 with Mr Stites voting no Original motion as amended carried 5-3 with Councilmembers Stites, DiTullio, and Sang voting no Recess called at 8 15 P m The meeting reconvened at 8 30 P m Item 3. PUBLIC HEARING ON A REQUEST FOR APPROVAL OF AN AMENDMENT TO A SPECIAL USE PERMIT FOR PROPERTY LOCATED WEST OF 1-70, SOUTH OF HIGHWAY 58 AND NORTH OF WEST 32ND AVENUE (Case No SUP-05-04/Cabela's and Coors) - Mayor Cerveny opened the public hearing Item 3 was introduced by Mr Stites. Alan White was sworn in and presented the staff report. He submitted the case file and packet materials, zoning ordinance and digital presentation for the record Carolynne White, Land Use Counsel for Cabela's, was sworn in and testified on behalf of the joint applicants of Coors and Cabela's She stated that it is the applicants' belief that granting the two amendments to the Special Use Permit would not violate any of the previous conditions of the permit or the nine criteria for the process Neil Jaquet, Director of Water Resources and Real Estate for the Coors Brewing Company, Golden, Colorado, was sworn in and testified on behalf of the applicant. He related the gravel mining operations that used to take place on this property CITY COUNCIL MINUTES May 9, 2005 Page -5- Don DeDecker, 4005 Lee Circle, was sworn in and testified in support of the Council in approving the annexation of this property and this project and asked for approval of these amendments Kate Newman, Planner for Jefferson County Planning and Zoning Division, was sworn in by the Mayor She read their letter from May 9, 2005, which is in the Agenda Packet. Cal Johnson, 4255 Everitt Street, was sworn in and asked for a favorable vote for this proposal Jean Fields, 3270 Fenton, was sworn in and testified in support of the project as a needed and great opportunity Janice Thompson, 12290 W 42nd Avenue, was sworn in and stated her support for this item She thinks this project will support and enhance the property and the greenbelt and feels that this is a quality development and has brought attention to the problems with the highway system in the area. Alan Clayborn, of Kumar and Associates, was sworn in and answered questions from Council regarding the geotechnical issues for the special use permit. Mark Nienhueser, Director of Construction for Cabela's, answered questions from Council on negotiations with Jefferson County regarding the Table Mountain Animal Shelter - Mayor Cerveny closed the public hearing Motion by Mr Stites to approve Case No SUP-05-tl4 with the following findings 1 The request will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use 2 The request will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use 3 The request will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution 4 The request will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site 5 The request is appropriately designed to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties CITY COUNCIL MINUTES May 9, 2005 Page -6- 6 Will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services 7 The applicants have complied with the conditions of approval of the previous SUP 8 The applicants have demonstrated the ability to continuously meet the conditions of approval With the following conditions 1 The applicants shall adhere to the performance standards as listed in Section 26- 623 C 2 of the Zoning and Development Code, with the following exceptions a. Hours of operation shall be limited to 7'00 a.m to 9'00 pm, Monday through Saturday, except for April 15 to May 15, where work will be allowed on Sundays. b For areas within 200 feet of residential properties, the hours of operation shall be limited to 7'00 a.m to 7 00 P m c. Fencing at a height of 48 inches shall be permitted d The 30-foot setback shall not apply to the west, north, and east property lines of the previously approved area and to all property lines of the added area The 30-foot setback shall remain a requirement along the south property line of the previously approved area 2 The community notification process established for questions and complaints regarding the operation shall continue to be maintained 3 There shall be no explosive devices used for the demolition or excavation of material 4 The applicants shall comply with the conditions of state permits regarding water and air quality, and mining and reclamation 5 The applicants shall continue to implement the City-approved noise abatement plan 6 All access to the site shall be from Mcintyre Street. 7 The grant of use shall be to the applicants and may not be inherited 8 Violations of any of the above conditions may be grounds for revocation of the special use permit. 9 The nine itemized issues listed in the letter dated May 9, 2005 from Nanette Neelan, Jefferson County, shall be addressed to the satisfaction of the applicant and the Director of Community Development. Seconded by Mr DiTullio, carried 8-0 CITY COUNCIL MINUTES May 9, 2005 Page -7- ORDINANCES ON FIRST READING Item 4. COUNCIL BILL 08-2005 AN ORDINANCE AMENDING SECTION 16- 127(e) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE SALE OF ALCOHOL TO MINORS Council Bill 08-2005 was introduced on first reading by Ms Berry Motion by Ms Berry to approve Council Bill 08-2005 on first reading, order it published, public hearing set for Monday, June 13, 2005 at 7.00 p m in the City Council Chambers, and that it take effect upon adoption, seconded by Mrs Adams, carried 8-0 Item 5. COUNCIL BILL 09-2005 AN ORDINANCE AMENDING SECTION 16- 103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING UNREASONABLE NOISE AND DISTURBING THE PEACE Council Bill 09-2005 was introduced on first reading by Mrs Sang Motion by Mrs Sang to approve Council Bill 09-2005 on first reading, order it published, public hearing set for Monday, June 13, 2005 at 7 00 P m in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs Rotola, carried 8-0 ELECTED OFFICIALS' MATTERS - Motion by Mrs Rotola to go into executive session for a personnel matter under Charter Section 5 7(2) and Section 24-6-402 (4)(F), C R.S , specifically' performance evaluation of the City Manager I further move to return to the open meeting at the close of the executive session for the purpose of taking any formal action deemed necessary: seconded by Mrs Sang and Mr Schulz; carried 6-2 with Mr Gokey and Mr DiTullio voting no EXECUTIVE SESSION WAS HELD , ~ CITY COUNCIL MINUTES May 9, 2005 Page -8- The meeting was reconvened at the close of the executive session at 10 55 P m Mr Gokey did not return to the meeting Motion by Ms Berry to increase the salary and pension of the City Manager by 5% each, effective January 1, 2005, seconded by Mrs Sang and Mrs Rotola Motion to amend by Mr DiTullio to schedule this matter for the May 23rd Council meeting, seconded by Mr Stites, failed 4-3 with Mr DiTullio, Mr Stites, and Mr Schulz voting yes Original motion carried 6-1 with Mr DiTullio voting no Meeting adjourned at 10'59 P m APPROVED BY CITY COUNCIL ON MAY 23, 2005 BY A VOTE OF to Lena Rotola, Council President The preceding Minutes were prepared according to S47 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 PROCLAMATION NATIONAL CANCER SURVIVORS DAY JUNE 5, 2005 WHEREAS, a "cancer survivor" is defined as anyone living with a history of cancer - from the moment of diagnosis through the remainder of life, and there are 9.6 million cancer survivors in America; and WHEREAS, since over.I\.3 new cancer cases will be diagnosed in the United states this y€ar, increased access to quality - cancer care, screening and prevention - especially among minorities and the medically underserved - must be a top priority in our community; and WHEREAS, the great City of Wheat Ridge has an active, productive cancer survivor population, demonstrating that a cancer diagnosis is no longer an automatic death sentence; and WHEREAS, communities throughout the United States, canada, and other participating countries will be celebrating life on Sunday, June 5, as part of the world's largest cancer survivor event; -- WHEREAS, on behalf of the people of Wheat Ridge, I salute all cancer survivors and those t~t support them; 4-- . NOW, therefore, I, Gretchen Cerveny, Mayor of the City of Wheat Ridge, do hereby proclaim observance of "NA llONAL CANCER SURVIVORS DAY" Sunday, June 5, 2005 in Wheat Ridge and urge all citizens to join in the joyous celebration of life. Cretchen Cerveny, Mayor Pamela Anderson, City Clerk ~... ITEM NO' _I. A. REQUEST FOR CITY COUNCIL ACTION --D ,~f~, ru ___J COUNCIL MEETING DATE- May 23, 2005 TITLE: RESOLUTION 26-2005: A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORT A TION FOR THE PURCHASE OF SNOW AND ICE CONTROL EQUIPMENT, ALONG WITH AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $105,000 o PUBLIC HEARING o BIDS/MOTIONS ~ RESOLUTIONS o ORDINANCES FOR I ST READING (Date: _) o ORDINANCES FOR 2ND READING - o Ye~7 ~ No Quasi-Judicial. Cit~~4 EXECUTIVE SUMMARY: The City was successful in obtaining a $116,000 federal grant for purchase of three truck-mounted street de-Icmg units, along with two storage tanks for liquid de-icing material. The grant was approved for funding in 2006. The attached Agreement with the Colorado Department of Transportation (CDOT) will allow purchase of the eqUipment this year, with the City being reimbursed when the federal funds are available. The snow equipment can be ordered upon execution of the Agreement and be m service thiS coming winter. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The PublIc Works Department currently has one combination liquid/salt spreader unit and one liqUid spreader umt. One dump truck with plow and de-icer equipment IS budgeted for replacement thiS year and staff plans to propose two additional combination umts over the next two years. CDOT is receptive to the City purchasing all of the de-icing equipment approved in the federal grant at this time, with reimbursement to the City occurring m 2006 The proposed intergovernmental agreement will allow the City to accelerate the purchase of additional de-icing equipment and upgrade a drop sander to a broadcast spreader this year The City will have enhanced snow and ice control capabilities this coming winter The estimated cost of the de-icing equipment is $145,000, with 80% reimbursed from federal funds. AL TERNA BVES CONSIDERED: Alternatives mclude purchasing the de-icing equipment outside of the federal grant and delaying the purchase of the budgeted de-Icmg equipment until 2006 FINANCIAL IMPACT: The estimated cost of the de-Icing equipment if $145,000. Accelerating the purchase of de-icing equipment will require amending the General Fund budget by $105,000. The additional funds necessary are included in the 2005 fleet replacement budget. The City will be reimbursed approximately $116,000 m 2006 by CDOT RECOMMENDED MOTION: "1 move to approve Resolution 26-2005, a Resolution approving a contract with the Colorado Department of Transportation, along with amendmg the tiscal year 2005 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $105,000 for the purchase of snow and ice control equipment." or, "1 move to table mdefimtely Resolution 26-2005, a ResolutIOn approvmg a contract With the Colorado Department of Transportation, along with amending the fiscal year 2005 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation m the amount of $105,000 for the purchase of snow and ice control equipment for the following reason( s) " Report Prepared by: Tim Paranto, Dlfector of Public Works Reviewed by' Patnck Goff, Deputy City Manager Attachments: 1 Contract with Colorado Department of Transportation 2. Resolution 26-2005 050523 CAF CDOT snow equipment KiA (T-21/ADV$) PROJECT AQC M361-003, (15218) REGION 06 (RP) Rev 10/03 05 HA6 00073 CMS ill 05-122 CONTRACT THIS CONTRACT made thIs _ day of 20_, by and between the State of Colorado for the use and benefit of the Colorado Department of Transportation hereinafter referred to as the State and CITY OF WHEAT RIDGE, 7500 West 29th A venue, Wheat RIdge, Colorado, FEIN 840595832, hereinafter referred to as the "Contractor" or the "Local Agency" RECITALS 1. Authonty eXIsts m the law and funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereofremams available for payment ofproject and Local Agency costs m Fund Number 400, Appropriation Code 010, OrganizatIon Number 9991, Program 2000, FunctIOn 3401, Object 2312 IP, Phase M, Reportmg Category 6800, Contract Encumbrance Number 15218, (Contract Encumbrance Amount: $0.00) 2. ReqUIred approval, clearance and coordmatIon has been accomplished from and with appropnate agencIes. - 3 Pursuant to Title I, SubtItle A, SectIOn 1108 of the Transportation EqUIty Act for the 2151 Century of 1998 (TEA-21) and to applicable provisions of Title 23 ofthe Urnted States Code and implementIng regulatIons at Title 23 ofthe Code of Federal Regulations, as may be amended, (collectively referred to hereInafter as the "Federal Provisions"), certain federal funds have been and will m the future be allocated for transportation projects requested by Local Agencies and elIgible under the Surface TransportatIOn Improvement Program that has been proposed by the State and approved by the Federal Highway Admimstratlon ("FHW A"), heremafter referred to as the "Program." 4 Pursuant to 23 C.F.R. 9 630.701, Subpart G, the construction of a Local Agency Federal-AId Project may be advanced WIthout obligating Federal Funds allocated to the State. Under that program, if the Local Agency applies to and IS approved by the Federal Highway AdministratIOn for advanced authonzation of Federal funding for the project, and Ifthe Local Agency agrees to provide up-front all the Federal and Local Match fundmg needed for the proJect, the Local Agency WIll be reImbursed the Federal share from Federal funds In a future fiscal year(s), subject to FHW A making funds for that project available to the State. 5. Pursuant to 943-1-223, c.R.S. and to applicable portions of the Federal ProVISIOns, the State is responsible for the general administration and supervISIOn of performance of projects in the Program, including the admmistratlon of federal funds for a Program project performed by a Local Agency under a contract WIth the State. ATTACHMENT 1 6 The Local Agency has requested that a certain local transportation project be funded as part of the Program, and by the date of execution of thIs contract, the Local Agency and/or the State has completed and submitted a prelurunary versIOn of CDOT form #463 describmg the general nature of the Work. The Local Agency understands that, before the Work begms, fonn #463 may be revised as a result of design changes made by CDOT, in coordinatIOn with the Local Agency, in its internal review process. The Local Agency desires to perfonn the Work described m fonn #463, as It may be revised. 7 Federal funds are not currently available for thIS project, and the Local Agency desires to advance the construction of that project pursuant to 23 C.P.R. S 630701, Subpart G. The Local Agency states it has read, understood, and complies with Subpart G. 8. The Local Agency has applied for and received advanced authonzation for reImbursement of future federal-aid funds that are anticipated to be budgeted and made available by FHW A to the State m fiscal year 2006, as shown In the latest TransportatIOn Improvement Plan (TIP) for project AQC M361-244 (15218) That project is for purchase of one V-box spreader umt and two combinatIOn sandlliquid spreader units for Wheat RIdge, Colorado, as more specifically described in Exhibit A (The form #463 and/or a "Scope of Work") In Wheat Ridge, Colorado, hereinafterreferred to as "the project" or "the work". The Local Agency's applicatIOn and FHW A's subsequent approval for advanced authorization are attached hereto and made a part hereof. 9 The matching ratio for thIS federal-aid project is anticipated to be 80% federal-aId funds to 20% Local Agency funds. The Local Agency understands that such ratio applies only to such costs as are eligIble for federal participation. The Local Agency also understands that all non-participating costs shall be borne by the Local Agency at 100% The Local Agency further understands that the Local Agency shall advance 100% of the estimated Federal-Aid and the Local Match funds for the project. 10. The Local Agency understands and accepts the fact that future reImbursement of the Federal funding for the cost of the work is contingent upon the FHW A making such funds available to the State for that Project in future fiscal years, and to the budgeting of such funds by the Transportation Commission for reImbursement to the Local Agency The Local Agency understands that the FHW A has not currently obligated Federal funds for the project. The Local Agency also understands that the State shall have no obligation to repay any funds advanced by the Local Agency for the cost of the work from State funds, and that the State shall have no obligation to repay any funds advanced by the Local Agency unless and until funds are made avaIlable by the FHW A and Budgeted by the Transportation Commission for that purpose. 11. The Local Agency desires to comply WIth the Federal Provisions and other applicable requirements, including the State's general admimstration and supervision of the Project through this contract, in order to obtain federal funds. 12. The Local Agency has estimated the total cost of the Work and is prepared to provide its match share of the cost, as evidenced by an appropriate ordinance/resolution or other authority letter, whIch expressly authorizes the Local Agency the authority to enter into this contract and to expend its match share of the Work. A copy of such ordinance/resolution or authority letter is attached hereto as ExhibIt Page 2 of 18 13. This contract IS executed underthe authority of SS 29-1-203,43-1-110; 43-1-116, 43-2-10l(4)(c) and 43-2-144, c.R.S. and Exhibit B 14. The Local Agency is adequately staffed and suitably equipped to undertake and satisfactonly complete some or all of the Work. 15. The Local Agency can more advantageously perform the Work. THE PARTIES NOW AGREE THAT' Section 1. Scope of Work The Project or the Work under thiS contract shall consist of the purchase of one V -box spreader unit and two combination sandJIiqUld spreader units, in Wheat Ridge, Colorado, as more speCifically described in Exhibit A. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this contract and its exhibits, such confliCts or inconsistencies shall be resolved by reference to the documents In the following order of prionty: 1 - 2. 3. 4 5 6. 7 8 Special ProVisions contained in sectIOn 28 of thiS contract This contract Exhibit A (Scope of Work) Exhibit C (Funding ProVIsions) Exhibit D (Certification for Federal-Aid Contracts) Exhibit E (DBE ReqUirements) Exhibit F (Contract Modification Tools) Other ExhIbits In descending order of their attachment. Section 3. Term This contract shall be effective upon approval of the State Controller or designee, or on the date made, whichever is later The term of this contract shall continue through the completIOn and final acceptance of the Project by the State, FHW A and the Local Agency. Section 4. Project Funding Provisions The Local Agency has estimated the total cost of the Work and is prepared to provide its match share of the cost, as eVIdenced by an appropriate ordmance/resolutlOn or other authority letter, which expressly authonzes the Local Agency the authonty to enter into thIS contract and to expend ItS match share of the Work. A copy of such ordinance/resolution or authority letter is attached hereto as ExhibIt B Page 3 of 18 The fundIng provIsIOns for the Project are attached hereto as Exhibit C The Local Agency shall provide ItS share of the funds for the Project as outlIned In ExhibIt C. Section S. Project Payment Provisions A. ContIngent upon anticIpated federal funds beIng made available by FHW A for this purpose and budgeted by the Transportation CommissIOn In fiscal year 2006, the State will reImburse the Local Agency, after saId funds have been budgeted and approved, for the federal-aId share of the project charges follOWIng the State's reVIew and approval of such charges, subject to the terms and condItIOns of thiS contract. ProvIded, however, that charges Incurred by the Local Agency prior to the date of FHW A advanced authonzatlOn for the project and prior to the date thIS contract IS executed by the State Controller or his deSignee will not be charged by the Local Agency to the project, and will not be reimbursed by the State, absent specific FHW A approval thereof. B. The State wIll reimburse the Local Agency's reasonable, allocable, allowable costs of performance of the Work, not exceeding the maximum total amount described In Exhibit C The applicable prinCIples described In 49 C.F.R. 18 Subpart C and 49 C.F.R. 18.22 shall govern the allowabIlItyand allocability of costs under thIS contract. The Local Agency shall comply WIth all such pnncIples. To be eligible for reimbursement, costs by the Local Agency shall be' 1. In accordance with the proVISIOns of Exhibit C and With the terms and conditions of thIS contract; 2. necessary for the accomplishment of the Work; 3 reasonable in the amount for the goods and services provided; 4 actual net cost to the Local Agency (i e. the pnce paId minus any refunds, rebates, or other items of value receIved by the Local Agency that have the effect of reducing the cost actually incurred), 5. Incurred for Work performed after the effective date of this contract; 6. satIsfactorily documented. C The Local Agency shall establish and maIntain a proper accountIng system in accordance with generally accepted accounting standards (a separate set of accounts, or as a separate and Integral part of its current accounting scheme) to assure that project funds are expended and costs accounted for In a manner consistent With this contract and project objectIves. 1. All allowable costs charged to the project, includIng any approved services contributed by the Local Agency or others, shall be supported by properly executed payrolls, time records, Invoices, contracts or vouchers eVIdenCIng in detail the nature of the charges. 2. Any check or order drawn up by the Local Agency, including any item which is or WIll be chargeable against the project account shall be drawn up only in accordance WIth a properly SIgned voucher then on file In the office of the Local Agency, which will detaIl the purpose for which said check or order is drawn. All checks, payrolls, Invoices, contracts, vouchers, orders or other accounting documents shall be clearly Identified, readily accessible, and to the extent feasible, kept separate and apart from Page 4 of 18 all other such documents. D. Upon execution of thIs contract, the State IS authonzed, in ItS dIscretIOn, to perform any necessary admmlstrahve support servIces pursuant to this contract. These servIces may be performed prior to and m preparatIOn for any conditions or reqUIrements of thIs contract, mcludmg pnor FHW A approval of Work. The Local Agency understands and agrees that the State may perform such services, and that payments for such servIces shall be at no cost to the State but shall be as proVIded for in ExhibIt C At the request of the Local Agency, the State shall also proVIde other assistance pursuant to thIS contract as may be agreed m wntmg. In the event that federal-aid project funds remain avaIlable for payment, the Local Agency understands and agrees the costs of any such servIces and assIstance shall be paid to the State from project funds at the apphcable rate. However, m the event that such fundmg IS not made available or is withdrawn for thIS contract, or if the Local Agency termmates this contract prior to project approval or completion for any reason, then all actual mcurred costs of such services and assIstance proVIded by the State shall be the sole expense of the Local Agency E. If the Local Agency is to be billed for CDOT incurred costs, the billmg procedure shall be as follows' - 1. Upon receIpt of each bill from the State, the Local Agency will remit to the State the amount billed no later than 60 days after receIpt of each bill. Should the Local Agency fail to pay moneys due the State withm 60 days of demand or WIthin such other penod as may be agreed between the parties hereto, the Local Agency agrees that, at the request of the State, the State Treasurer may WIthhold an equal amount from future apportIOnment due the Local Agency from the Highway Users Tax Fund and to pay such funds dIrectly to the State. Interim funds, until the State IS reImbursed, shall be payable from the State Highway Supplementary Fund (400). If the Local Agency fails to make tImely payment to the State as reqUIred by this sectlOn (wlthm 60 days after the date of each bill), the Local Agency shall pay mterest to the State at a rate of one percent per month on the amount ofthe payment whIch was not made m a timely manner, until the billing is paid in full. The mterest shall accrue for the penod from the required payment date to the date on whIch payment is made. 2. F In the event that Federal funds are budgeted and approved m the project, the Local Agency will prepare and submit to the State monthly charges for costs mcurred relative to the project. The Local Agency WIll prepare project charges in accordance with the State's standard policies, procedures, and standardIzed billmg format attached hereto and made a part hereof as ExhibIt D The Local Agency shall not bIll the State for reImbursement of federal funds until such funds have been budgeted and approved in the project. G. CDOT requires an annual accounting of all Local Agency costs that are anticipated to be reimbursed. The Local Agency shall prepare a statement of all costs Incurred on the project for which Federal funds are anticipated to be reImbursed and shall submit such a statement on or before June 30th of each state fiscal year Page 5 of 18 I. Payments pursuant to thIS contract shall be made as earned, m whole or in part, from available funds, encumbered for the purchase of the described servIces. The liabihty of the State, at any time, for such payments shall be limited to the amount remaining of such encumbered funds. 2. In the event thIS contract is terminated, final payment to the Local Agency may be wIthheld at the discretion ofthe State unhl completion of final audIt. 3. Incorrect payments to the Local Agency due to omisslOn, error, fraud or defalcatIOn shall be recovered from the Local Agency by deductlOn from subsequent payment under this contract or other contracts between the State and Local Agency, or by the State as a debt due to the State. 4. Any costs incurred by the Local Agency that are not allowable under 49 c.F.R. 18 shall be reimbursed by the Local Agency, or offsetagamst current obligatlOns due by the State to the Local Agency, at the State's election. H. The Local Agency shall provide to the State, in advance, Local Agency funds in the full amount of the estimated total costs of that part or parts ofthe work: A) for whIch the State is the responsible party under SectIOn IV; and B) the performance of which the state will contract out. The state Will use such Local Agency funds to encumber a State contract to pay a contractor's performance of that work. The Local Agency shall provide that amount to the state no later than 30 days after the executlOn of this contract. Until and unless the Local Agency provides that full amount to the State, the State shall have no obligation to proceed with that partes) of the work. Section 6. State and Local Agency Commitments The Local Agency Contract AdmimstratlOn checkhst in ExhibIt G describes the Work to be performed and assigns responsibihty of that Work to eIther the Local Agency or the State. The "Responsible Party" referred to in this contract means the Responsible Party as identified in the Local Agency Contract AdmmlstratlOn checkhst in Exhibit G A. DeSIgn [if applicable] 1. If the Work mcludes preliminary deSIgn or final design (the "ConstructIOn Plans"), or design work sheets, or speCIal prOVisions and estimates (collectIvely referred to as the "Plans"), the responsible party shall comply WIth the followmg reqUIrements, as applicable' a. perform or proVIde the Plans, to the extent required by the nature of the Work. b. prepare final deSign (ConstructIOn Plans) in accord with the reqUIrements of the latest edition of the American ASSOCIation of State Highway TransportatIOn Officials (AASHTO) manual or other standard, such as the Umform Building Code, as approved by cDOT c. prepare special prOVIsions and estimates in accord with the State's Roadway and Bridge DeSIgn Manuals and Standard SpecIficatIOns for Road and Bridge Construction or Local Agency specificatIons if approved by cDOT. Page 6 of 18 d. mclude details of any reqUIred detours m the Plans, in order to prevent any mterference of the construction work and to protect the travelIng public e. stamp the Plans produced by a Colorado Registered ProfeSSIOnal Engmeer. f provide final assembly of Plans and contract documents. g. be responsible for the Plans being accurate and complete. h. make no further changes In the Plans following the award ofthe constructIOn contract except by agreement m wntmg between the parties. The Plans shall be consIdered final when approved and accepted by the partIes hereto, and when final they shall be deemed Incorporated herem. 2. If the Local Agency is the responsible partY' - a. The local agency shall comply with the requirements of the Americans With DIsabilities Act (ADA), and applIcable federal regulatIOns and standards as contaIned in the document "ADA Accessibihty ReqUIrements m cDOT TransportatIOn ProJects" It shall afford the State ample opportumty to revIew the Plans and make any changes In the Plans that are dIrected by the State to comply WIth FHW A reqUIrements. It may enter mto a contract WIth a consultant to do all or any portIon of the Plans and/or of constructIOn admimstration. Provided, however, that if federal-aid funds are mvolved m the cost of such work to be done by a consultant, that consultant contract (and the performance/provIsion of the Plans under the contract) must comply WIth all apphcable reqUIrements of 23 cFR Part 172 and with any procedures Implementing those reqUIrements as provided by the State, mcludmg those m Attachment #1 (Exhibit H) attached hereto If the Local Agency does enter mto a contract WIth a consultant for the Work: b c (1) It shall submIt a certIficatIOn that procurement of any deSIgn consultant contract complied WIth the requirements of23 cFR 172.5( d) pnor to entenng into contract. The State shall eIther approve or deny such procurement. If demed, the Local Agency may not enter into the contract. (2) it shall ensure that all changes III the consultant contract have prior approval by the State and FHW A. Such changes m the contract shall be by wntten supplement agreement. As soon as the contract WIth the consultant has been awarded by the Local Agency, one copy of the executed contract shall be submItted to the State. Any amendments to such contract shall also be submItted. (3) it shall require that all consultant billings under that contract shall comply with the State's standardIzed billing format. Examples ofthe billmg formats are aVailable from the cDOT Agreements Office. (4) It (or Its consultant) shall use the cDOT procedures described m Attachment 1 [change] to administer that deSIgn consultant subcontract, to comply WIth 23 cFR 172.5(b) and (d). Page 7 of 18 (5) It may expedIte any cDOT approval of ItS procurement process and/or consultant contract by submitting a letter to cDOT from the certIfyIng Local Agency's attorney/authorized representatIve certIfying comphance WIth Attachment 1 [change] and 23 cFR 172.5(b )and (d) (6) It shall ensure that Its consultant contract complIes WIth the reqUIrements of 49 cFR 18.36(i) and con tams the followmg language verbatJm: (a) "The design work under this contract shall be compatible with the requirements of the contract between the Local Agency and the State (which IS mcorporated herein by thIS reference) for the design/construction of the proJect. The State IS an Intended third party beneficiary of thIS contract for that purpose." (b) "Upon advertisement of the project work for constructIOn, the consultant shall make available servIces as requested by the State to assIst the State m the evaluation of constructIOn and the resolution of constructIOn problems that may arise during the construction of the proj ect." (c) "The consultant shall review the constructIOn contractor's shop drawings for conformance with the contract documents and comphance with the provisions of the State's publication, Standard SpeCIfications for Road and Bndge Construction, m connection with thIS work." d. The State, m its dIscretIOn, will revIew construction plans, special provIsIons and estimates and will cause the Local Agency to make changes therein that the State determmes are necessary to assure compliance with State and FHW A reqUIrements. B. Construction [If apphcable] 1. If the Work includes construction, the responsible party shall perform the construction in accordance WIth the approved deSIgn plans and/or admmister the construction all in accord with the Local Agency Contract AdministratIOn checkhst. Such admimstratIon shall mclude project inspection and testing; approvmg sources of materials; performmg required plant and shop mspections, documentatIOn of contract payments, testing and mspection activities; preparing and approvmg pay estImates; preparing, approving and secunng the funding for contract modification orders and mlllor contract revisions; processing contractor claims; construction superviSIOn; and meeting the QualIty Control requirements of the FHW A/cDOT Stewardship Agreement, as described in the Local Agency Contract Admlmstration Checklist. 2. The State shall have the authonty to suspend the Work, wholly or in part, by giving written notice thereofto the Local Agency, due to the failure of the Local Agency or its contractor to correct project conditions whIch are unsafe for workers or for such Page 8 of 18 penods as the State may deem necessary due to unsUItable weather, or for condItIOns considered unsuitable for the prosecutIon of the Work, or for any other conditIOn or reason deemed by the State to be In the public interest. 3 If the Local Agency IS the responsible partY' a. It shall appomt a qualified professIOnal engineer, I1censed in the State of Colorado, as the Local Agency Project Engmeer (LAPE), to perform that admmlstration. The LAPE shall admmlster the proJect in accordance with thIS contract, the requirements of the construction contract and apphcable State procedures. b Ifblds are to be let for the construction of the proJect, it shall advertIse the call for bIds upon approval by the State and award the constructIOn contract(s) to the low responsible bldder(s) upon approval by the State. (I) -- (2) III advertlsmg and awarding the bId for the constructIon of a federal- aid project, the Local Agency shall comply WIth applIcable reqUIrements of 23 use 9 112 and 23 CFR Parts 633 and 635 and C.R.S S 24-92-101 et seq Those reqUIrements include, WIthout limitatIOn, that the Local Agency/contractor shall mcorporate Form 1273 (ExhibIt I) In its entirety verbatim into any subcontract(s) for those servIces as terms and condItIOns therefore, as reqUIred by 23 CFR 633 102(e). the Local Agency has the optIon to accept or reJect the proposal ofthe apparent low bIdder for work on whIch competItIVe bIds have been received. The Local Agency must declare the acceptance or rejection WIthin 3 working days after Said bids are pubhcly opened. by mdicatlng ItS concurrence in such award, the Local Agency, actIng by or through its duly authonzed representatives, agrees to proVIde addItional funds, subJect to their avallabihty and appropnatlon for that purpose, ifrequired to complete the Work under this project ifno addItional federal-aid funds will be made avaIlable for the project. Tills paragraph also apphes to projects advertIsed and awarded by the State. (3) c. Ifall or part of the constructIOn work IS to be accomplIshed by Local Agency personnel (i.e. by force account), rather than by a competItive biddmg process, the Local Agency will ensure that all such force account work IS accomplished in accordance with the pertment State speCIfications and requirements WIth 23 CFR 635, Subpart B, Force Account Construction. (1) Such work will normally be based upon estimated quantities and firm umt prices agreed to between the Local Agency, the State and FHW A in advance ofthe Work, as provided for in 23 CFR 635.204(c). Such agreed unit pnces shall constItute a commItment as to the value ofthe Page 9 of 18 Work to be performed. (2) An alternative to the above is that the Local Agency may agree to particIpate m the Work based on actual costs of labor, equipment rental, materials supplies and supervision necessary to complete the Work. Where actual costs are used, eligibility of cost items shall be evaluated for compliance with 48 CFR Part 31. (3) Rental rates for publicly owned equipment will be determined in accordance with the State's Standard Specifications for Road and Bridge Construction S 109.04 (4) All force account work shall have prior approval of the State and/or FHW A and shall not be mitiated until the State has issued a written notice to proceed. C. State's obligations 1. The State will perform a final project mspection prior to project acceptance as a Quality Control/Assurance actiVIty. When all Work has been satIsfactorily completed, the State will sign the FHW A Form 1212. 2. Notwithstanding any consents or approvals given by the State for the Plans, the State will not be liable or responsible in any manner for the structural design, details or construction of any major structures that are designed by or are the responsiblhty of the Local Agency as identified in the Local Agency Contract Admmistration Checklist, Exhibit G, within the Work of this contract. 3. If the Work Involves construction, the State shall have the authonty to suspend the Work, wholly or in part, by giving written notice thereof to the Local Agency, due to the failure of the Local Agency or its construction contractor to correct project conditions which are unsafe for the Workmen or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. Section 7. ROW Acquisition and Relocation Prior to this project being advertised for bids, the Responsible Party wIll certify in writing to the State that all right of way has been acquired in accordance with the applicable State and federal regulations, or that no additional right of way is required. Any acquisition/relocation activities must comply with all federal and state statutes, regulations, CDOT policies and procedures, 49 CFR Part 24, the government wide Uniform Act regulation, the FHW A Project Development Guide and CDOT's Right of Way Operations Manual. Allocation of Responsibilities can be as follows: Page 10 of 18 . Federal partIcipatIOn m nght of way acqUIsItion (3111 charges), relocatIOn (31 09 charges) activItIes, if any, and right of way mcidentals (expenses incidental to acqUIsItion/relocatIOn of right of way - 3114 charges); . Federal partlcipatlOn m nght of way acquisition (3111 charges), relocatIOn (31 09 charges) but no participatIon m mCldental expenses (3114 charges); or . No federal partIcIpatIOn in right of way acqUIsitIOn (311 charges) and relocatIOn activItIes (31 09 expenses) Regardless of the option selected above, the State retains oversIght responsibilitIes. The Local Agency's and the State's responsibIlities for each option IS specIfically set forth m CDOT's Right of Way Operation Manual. The manual is located at http://www.dot.state.co.us/Deve lop Pro 1 ects/Desl gnSUpport. Section 8. Utilities If necessary, the Responsible Party will be responsible for obtaming the proper clearance or approval from any utilIty company whIch may become mvolved in thIS ProJect. Prior to this ProJect being advertIsed for bIds, the Responsible Party will certIfy m wntlng to the State that all such clearances have been obtamed. Section 9. Railroads In the event the Project Involves modIfication of a railroad company's facilItIes whereby the - Work IS to be accomphshed by raJlroad company forces, the Responsible Party shall make timely apphcatlon to the PublIc UtilIties CommIssion requestmg ItS order provldlllg for the JIlstallation of the proposed Improvements and not proceed with that part ofthe Work without comphance. The Responsible Party shall also establIsh contact with the railroad company involved for the purpose of complying WIth applicable prOVIsions of 23 CFR 646, subpart B, concernmg federal-aid projects mvolvmg railroad faclhtles, mcludmg: Executmg an agreement settIng out what work is to be accomp!Jshed and the location(s) thereof, and that the costs of the Improvement shall be eligible for federal participation. 2. Obtaimng the railroad's detailed estimate ofthe cost of the Work. 3 Establishmg future mamtenance responsibilities for the proposed installatIOn. 4. Proscribing future use or dispOSItIOns ofthe proposed improvements in the event of abandonment or elImmatlOn of a grade crossing. 5. Estabhshmg future repaIr and/or replacement responsibilIties in the event of accidental destructIon or damage to the mstallatlOn. Section 10. Environmental Obligations The Local Agency shall perform all Work in accordance WIth the requirements of the current federal and state environmental regulatIons mcluding the National Envuonmental Policy Act of 1969 (NEP A) as applicable. Page 11 of18 Section 11. Maintenance Obligations The Local Agency will mamtam and operate the Improvements constructed under thIs contract which are not located on the state hIghway system, at its own cost and expense during theIr useful life, in a manner satisfactory to the State and FHW A. The Local Agency will make proper provisions for such maintenance oblIgations each year. Such maintenance and operations shall be conducted m accordance with all applIcable statutes, ordinances and regulations whIch define the Local Agency's oblIgatIOns to mamtam such improvements. The State and FHW A will make periodIc inspections ofthe proJect to vent)' that such Improvements are being adequately maintained. Maintenance for Improvements located on the state hIghway system will be performed by the State or by separate contract. Section 12. Federal Requirements The Local Agency and/or theIr contractor shall at all times during the execution of thIS contract stnctly adhere to, and comply WIth, all applIcable federal and state laws, and their Implementmg regulatIOns, as they currently exist and may hereafter be amended. The contractor shall also require comphance WIth these statutes and regulations in sub grant agreements permitted under thIS contract. A IIstmg of certain federal and state laws that may be applIcable are described In Exhibit J Section 13. Record Keeping The Local Agency shall maintain a complete file of all records, documents, commumcations, and other written materials, which pertain to the costs mcurred under thIS contract. The Local Agency shall maintain such records for a period of SIX (6) years after the date ofterminatlOn ofthis contract or final payment hereunder, whichever IS later, or for such further period as may be necessary to resolve any matters whIch may be pendmg. The Local Agency shall make such materials available for mspectlOn at all reasonable times and shall permIt duly authonzed agents and employees ofthe State and FHW A to inspect the project and to inspect, review and audit the project records. Section 14. Termination Provisions ThIS contract may be termmated as follows. A. Termination for Convenience. The State may terminate this contract at any time the State determmes that the purposes of the distribution of moneys under the contract would no longer be served by completIOn of the proJect. The State shall effect such termmation by giving written notice oftermmatlOn to the Local Agency and specIfying the effective date thereof, at least twenty (20) days before the effective date of such termmation. B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely Page 12 of 18 and proper manner, Its ob!Jgatlons under thIs contract, or If the Local Agency shall violate any ofthe covenants, agreements, or stipulations of thIs contract, the State shall thereupon have the nght to terminate this contract for cause by gIVIng written notice to the Local Agency of Its intent to termmate and at least ten (10) days opportumty to cure the default or show cause why termmation IS otherwIse not appropnate. In the event oftermmatlOn, all fimshed or unfimshed documents, data, studIes, surveys, drawmgs, maps, models, photographs and reports or other matenal prepared by the Local Agency under thIS contract shall, at the optIOn ofthe State, become ItS property, and the Local Agency shall be entItled to receive Just and eqUItable compensation for any services and supplIes delivered and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of thIS contract. Notwlthstandmg the above, the Local Agency shall not be re!Jeved oflIabi!Jty to the State for any damages sustained by the State by virtue of any breach ofthe contract by the Local Agency, and the State may WIthhold payment to the Local Agency for the purposes ofmltigatmg ItS damages until such time as the exact amount of damages due to the State from the Local Agency IS determined. If after such terminatIOn it IS determmed, for any reason, that the Local Agency was not m default or that the Local Agency's actIOn/inactIon was excusable, such termmatlOn shall be treated as a termmatlOn for convenience, and the nghts and obligatIOns of the partIes shall be the same as Ifthe contract had been termmated for convenience, as described herem. - C TerminatIOn Due to Loss of Fundmg. The partIes hereto expressly recognIze that the Local Agency is to be paid, reImbursed, or otherwIse compensated with federal and/or State funds which are available to the State for the purposes of contractmg for the Project proVided for herem, and therefore, the Local Agency expressly understands and agrees that all its nghts, demands and claims to compensatIOn arismg under thIS contract are contmgent upon availability of such funds to the State. In the event that such funds or any part thereof are not available to the State, the State may Immediately terminate or amend thIS contract. Section 15. Legal Authority The Local Agency warrants that it possesses the legal authority to enter mto this contract and that It has taken all actions reqUIred by its procedures, by-laws, and/or applicable law to exercIse that authority, and to lawfully authorize its underSIgned signatory to execute thIS contract and to bmd the Local Agency to ItS terms. The person(s) executing thIS contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute thIS contract. Section 16. Representatives and Notice The State will provide lJalson WIth the Local Agency through the State's RegIOn DIrector, RegIOn 6,2000 South Holly Street, Denver, Colorado 80222. Said Region Director wIll also be responsible for coordinating the State's actiVities under this contract and will also issue a "Notice to Proceed" to the Local Agency for commencement ofthe Work. All communications relating to the day-to-day actIVIties for the work shall be exchanged between representatives of the State's Transportation Page 13 of 18 Region 6 and the Local Agency. All commumcation, notIces, and correspondence shall be addressed to the indIviduals Identified below EIther party may from time to time designate m wnting new or substitute representatives. If to State' Kevm Hsu Resident Engmeer CDOT Region 6 2000 South Holly Street Denver, Colorado 80222 (303) 984-5277 If to the Local Agency: Tim Paranto City of Wheat RIdge Director of Public Works 7500 West 29th Avenue Wheat RIdge, Colorado 80215 (303) 235-2860 Section 17. Successors Except as herem otherwise provided, this contract shall mure to the benefit of and be bmdmg upon the parties hereto and theIr respective successors and assigns. Section 18. Third Party Beneficiaries It IS expressly understood and agreed that the enforcement of the terms and condItions of thIs contract and all nghts of action relatmg to such enforcement, shall be stnctly reserved to the State and the Local Agency. Nothing contamed in thIS contract shall gIVe or allow any claim or nght of actIOn whatsoever by any other third person. It is the express mtentlon of the State and the Local Agency that any such person or entity, other than the State or the Local Agency recelvmg services or benefits under thIS contract shall be deemed an mCldental benefiCIary only. Section 19. Governmental Immunity NotwIthstanding any other provision of thIs contract to the contrary, no term or condition of this contract shall be construed or mterpreted as a WaIver, express or Imphed, of any of the immunities, nghts, benefits, protection, or other provisions of the Colorado Governmental ImmunIty Act, S 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liabihty for claims for mjunes to persons or property ansing out of negligence of the State of Colorado, its departments, mstltutions, agencies, boards, officials and employees IS controlled and lImIted by the proVISIOns of S 24-10-101, et seq., C.R.S., as now or hereafter amended and the nsk management statutes, SS 24-30-1501, et seq., C.R.S., as now or hereafter amended. Section 20. Severability To the extent that this contract may be executed and performance of the obligations of the parties may be accomphshed withm the intent ofthe contract, the terms oftms contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidIty or failure shall not affect the validIty of any other term or provision hereof. Section 21. Waiver Page 14 of 18 The waiver of any breach of a term, provIsIOn, or reqUIrement of thIS contract shall not be construed or deemed as a waiver of any subsequent breach of such term, provIsion, or requirement, or of any other term, proVIsIon or reqUIrement. Section 22. Entire Understanding ThIS contract IS intended as the complete mtegratlOn of all understandIngs between the partIes. No prior or contemporaneous additIOn, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novatIOn, renewal, addition, deletIOn, or other amendment hereto shall have any force or effect unless embodIed m a wntmg executed and approved pursuant to the State Fiscal Rules. Section 23. Survival of Contract Terms NotwIthstandIng anything herem to the contrary, the parties understand and agree that all terms and condItions of thIS contract and the exhibIts and attachments hereto whIch may reqUIre contmued performance, complIance or effect beyond the terminatIOn date of the contract shall survIve such termmation date and shall be enforceable by the State as proVIded herem m the event of such failure to perform or comply by the Local Agency Section 24. Modification and Amendment - ThIS contract IS subJect to such modIfications as may be reqUIred by changes m federal or State law, or their implementing regulatIOns. Any such reqUIred modIfication shall automatIcally be incorporated into and be part of thIs contract on the effective date of such change as Iffully set forth herein. Except as prOVIded above, no modIfication ofthis contract shall be effectIve unless agreed to m wnting by both partIes in an amendment to thIS contract that IS properly executed and approved m accordance WIth apphcable law. Section 25. Funding Letters The State may allocate more or less funds available on this contract using a Funding Letter substantially eqUIvalent to Exhibit F and beanng the approval ofthe State Controller or his deSIgnee. The fundmg letter shall not be deemed valid until it shall have been approved by the State Controller or his deSIgnee. Section 26. Disadvantaged Business Enterprise (DBE) The Local Agency w1l1 comply WIth all requirements of ExhibIt E and the Local Agency Contract Admimstration Checkhst regardmg DBE reqUIrements for the Work, except that if the Local Agency desires to use Its own DBE program to implement and admimster the DBE provisions of 49 CFR Part 26 under thIS contract, it must submit a copy of ItS program's requirements to the State for review and approval before the executIOn of thIS contract. If the Local Agency uses ItS program for this contract, the Local Agency shall be solely responsible to defend that DBE program Page 15 of 18 and its use of that program against all legal and other challenges or complaints, at Its sole cost and expense. Such responsibilIty mcludes, WIthout limItation, determinations concernmg DBE ehgibilIty requirements and certIficatIOn, adequate legal and factual bases for DBE goals and good faIth efforts. State approval (if provided) ofthe Local Agency's DBE program does not waIVe or modify the sole responsibility of the Local Agency for Its use as described above. Section 27. Disputes Except as otherwise provIded in this contract, any dIspute concerning a questJon of fact ansing under this contract which is not disposed of by agreement will be decided by the Chief Engmeer ofthe Department of TransportatIOn. The deciSIOn of the Chief Engineer will be final and conclUSIVe unless, WIthin 30 calendar days after the date of receipt of a copy of such written deciSIOn, the Local Agency malls or otherwise furnishes to the State a wntten appeal addressed to the Executive Director ofthe Department of Transportation. In connection WIth any appeal proceeding under thIS clause, the Local Agency shall be afforded an opportumty to be heard and to offer eVIdence in support of ItS appeal. Pending final deCision of a dIspute hereunder, the Local Agency shall proceed diligently WIth the performance of the contract in accordance with the Chief Engineer's deCIsion. The deCIsion of the Executive Director or his duly authonzed representative for the determmation of such appeals will be final and conclusive and serve as final agency actIOn. ThIS dIspute clause does not preclude conSIderation of questIOns of law in connectIOn WIth decisions provided for herem. Nothing in this contract, however, shall be construed as making final the deciSIOn of any admimstrative offiCIal, representative, or board on a question of law. Page 16 of 18 Section 28. (For Use Only with Inter-Governmental Contracts) CONTROLLER'S APPROVAL. CRS 24-30-202 (1) This contract shall not be deemed valid until It has been approved by the Controller of the State of Colorado or such assistant as he may designate. 2. FUND AVAILABILITY CRS 24-30.202 (5.5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated. budgeted, and otherwise made available. 3. INDEMNIFICATION To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State against any and all daims, damages, liability and court awards induding costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection. or other provisions for Ihe parties, of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq. or the Federal Tort Claims Act. 28 U.S.C. 2671 et seq. as applicable, as now or hereafter amended. 4 INDEPENDENT CONTRACTOR. 4 CCR 801-2 THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANTTO THIS CONTRACT CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED. TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BYTHE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW. AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR. ITS EMPLOYEES AND AGENTS. 5. NON-DISCRIMINATION. - The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract 10 the extent that the contract is capable of execution. Al all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that have been or may hereafter be established. 7 SOFTWARE PIRACY PROHIBITION Govemor's Executive Order D 002 00 No State or other public funds payable under this Contract shall be used for the acquisition. operation. or maintenance of computer software in violation of United States copyright laws or applicable licensing restrictions. The Contractor hereby certifies that, for the term of this Contract and any extensions. the Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that the Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this Contract, Induding. without limitation. immediate termination of the Contract and any remedy consistent with United States copyright laws or applicable licensing restrictions, 8. EMPLOYEE FINANCIAL INTEREST CRS 24-18.201 & CRS 24.50-507 The signatories aver that to their knowledge. no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or property described herein. Effective Date: April 1. 2004 Page 17 of18 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO' BILL OWENS, GOVERNOR CITY OF WHEAT RIDGE Legal Name of Contracting Entity By Executive Director Department of Transportation 840595832 Social Security Number or FEIN LEGAL REVIEW Signature of Authorized Officer KEN SALAZAR ATTORNEY GENERAL Print Name & Title of Authorized Officer By CORPORATIONS, (A corporate attestation is required,) Attest (Seal) By (Corporate Secretary or Equivalent. or Town/City/County Clerk) (Place corporate seal here, if available) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: LESLIE M SHENEFEL T By Date Effective Date: July 1. 2004 Page 18 of 18 Exhibit A De-leer EQuipment 2 combination liquid/solid applicator units installed in tandem truck beds @ $40,000 $80,000 1 V-box spreader unit installed in a single axle dump truck $15,000 $40,000 2 10,000 gallon tanks Misc. supplies and installation $ 5,000 $ 5,000 $145,000 1 deicer pump TOTAL - Exhibit B LOCAL AGENCY ORDINANCE or RESOLUTION EXHIBIT C FUNDING PROVISIONS A. The Local Agency has estJmated the total cost the Work to be $145,000 00 which IS to be funded m the future as follows 1 BUDGETED FUNDS a. Federal Funds $116,00000 (80% of Participating Costs) b Local Agency Matching Funds $29,00000 (20% of Participating Costs) Local Agency Matching for COOT - c. Incurred Non-Participating Costs $000 (Including Non-Participating Indirects) ITOTAL BUDGETED FUNDS $145,000,00 2 ESTIMATED CDOT-INCURRED COSTS a, Federal Share $000 (80% of Participating Costs) b Local Share Local Agency Share of Participating Costs $000 Non-Participating Costs (Including Non- Participating Indirects) $000 Estimated to be Billed to Local Agency $0.00 I TOTAL ESTIMATED COOT-INCURRED COSTS $000 3 ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted (1 a) $116,000.00 b. Less Estimated Federal Share of COOT-Incurred Costs (2a) $000 I TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $116,00000 FOR CDOT ENCUMBRANCE PURPOSES Total Encumbrance Amount ($116.000.00 divided by 80%) $145,000.00 Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 Net to be encumbered as follows' I $145,00000 Miscellaneousl I I $145,000.00 Exhibit C - Page 1 of2 B. The matchmg ratio for the federal particIpating funds for this proJect IS 80% federal-aid funds (CFDA #20 2050) to 20% Local Agency funds, It bemg understood that such ratio applies only to the $145,000.00 that IS ehgible for federal partIcipatIOn, It being further understood that all non-participating costs are borne by the Local Agency at 100%. If the total partlcipatlllg cost of performance of the Work exceeds $145,000.00, and addItional federal funds are made available for the project, the Local Agency shall pay 80% of all such costs ehgible for federal partIcipation and 100% of all non-participatmg costs; if addItIOnal federal funds are not made available, the local agency shall pay all such excess costs. If the total partIcipating cost of performance of the Work is less than $145,00000, then the amounts of Local Agency and federal-ald funds will be decreased in accordance with the fundmg ratIO described herein. The performance of the Work shall be at no cost to the State, C. The maximum amount payable to the Local Agency under this contract shall be $116,00000 (For CDOT accountmg purposes, the federal funds of$116,000 00 and local matchmg funds of $29,00000 wIll be encumbered for a total encumbrance of $145,000.00), unless such amount is mcreased by an appropnate wntten modificatIOn to this contract executed before any mcreased cost IS mcurred. It is understood and agreed by the parties hereto that the total cost of the Work stated herembefore IS the best estimate available, based on the deSIgn data as approved at the tIme of execution ofthls contract, and that such cost IS subJect to revIsIons (m accord with the procedure III the prevIOus sentence) agreeable to the parties pnor to bId and award. D The parties hereto agree that this contract IS contmgent upon all funds deSIgnated for the proJect herein being made available from federal and/or state and/or Local Agency sources, as apphcable. Should these sources, eIther federal or Local Agency, fail to provide necessary funds as agreed upon herem, the contract may be termlllated by either party, provided that any party termlllatlllg ItS mterest and obhgatlons herem shall not be relieved of any obhgatlOns which eXIsted prior to the effectIve date of such termmatlOn or which may occur as a result of such termination. ExhibIt C - Page 2 of2 Exhibit D A TT ACHMENT LO Certification for Federal-Aid Contracts The contractor certIfies, by sIgnIng thIs contract, to the best of its knowledge and behef, that: 1 No Federal appropriated funds have been paid or will be paId, by or on behalf or the undefSlgned, to any person for mfluencmg or attemptmg to Influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress m connection wIth the awardmg of any Federal loan, the entenng into of any cooperatIve agreement, and the extensIOn, contmuatlOn, renewal, amendment, or modlficatlOn of any Federal contract, grant, loan, or cooperatIve agreement. 2. If any funds other than Federal appropriated funds have been paId or wJ!1 be paid to any person for mfluencing or attemptmg to mfluence an officer or of Congress, or an employee of a Member of Congress m connectIOn wIth thIS Federal contract, grant, loan, or cooperatIve agreement, the underSIgned shall complete and submIt Standard Fonn-LLL, "DIsclosure Form to Report Lobbymg," in accordance wIth ItS instructions, This certIficatIOn IS a material representation of fact upon which rehance was placed when thIS transactIOn was made or entered mto SubmissIOn ofthls certJficatlOn IS a prereqUIsIte for makmg or entering mto thIS transaction Imposed by SectlOn 1352, Title 31, U.S Code. Any person who fails to _ file the reqUIred certIfication shall be subJect to a cIvIl penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospectIVe partICIpant also agree by submlttmg his or her bid or proposal that he or she shall reqUIre that the language of thIS certlficatlOn be mcluded in all lower tier subcontracts, which exceed $100,000 and that all such subreclplents shall certIfy and disclose accordmgly Required by 23 CFR 635 112 ExhibIt D - Page 1 of 1 Exhibit E DlSADV ANT AGED BUSINESS ENTERPRISE (DBE) SECTION 1. PolIcy. It IS the po!Jcy of the Colorado Department ofTransportatlOn (CDOT) that dIsadvantaged busmess enterpnses shall have the maxImum opportumty to partIcIpate in the performance of contracts financed m whole or m part wIth Federal funds under this agreernent, pursuant to 49 CFR Part 23. Consequently, the 49 CFR Part IE DBE reqUIrements the Colorado Department of Transportation DBE Program (or a Local Agency DBE Program approved m advance by the State) apply to thIS agreement. SECTION 2. DBE ObligatIOn. The recipIent or its contractor agrees to ensure that dIsadvantaged busmess enterpnses as determined by the Office of CertIficatIOn at the Colorado Department of Regulatory Agencies have the maximum opportunity to partIcipate m the performance of contracts and subcontracts financed m whole or in part with Federal funds provided under this agreement. In this regard, all partIcipants or contractors shall take all necessary and reasonable steps m accordance WIth the CDOT DBE program (or a Local Agency DBE Program approved m advance by the State) to ensure that dIsadvantaged busmess enterpnses have the maximum opportumty to compete for and perform contracts. Recipients and theIr contractors shall not discnmmate on the basis ofrace, color, national origin, or sex m the award and performance of CDOT asSIsted contracts. SECTION 3 DBE Program, - The contractor (subreclplent) shall be responsible for obtainmg the Disadvantaged Business Enterpnse Program of the Colorado Department of Transportation, 1988, as amended, and shall comply WIth the applicable provlSlons of the program. (If apphcable). A copy of the DBE Program IS available from and will be mailed to the contractor upon request. Busmess Programs Office Colorado Department of TransportatIon 4201 East Arkansas Avenue, Room 287 Denver, Colorado 80222-3400 Phone: (303) 757-9234 revised 1/22/98 Required by 49 CFR Part 23 41 Exhibit E - Page 1 of 1 Exhibit F COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT AUTHORITY FUNDING INCREASE/DECREASE AND APPROVAL LETTER Region State Controller Policy letter on June 12, 1996 mplete section 1 and submit to COOT Controller's office, COOT Controller letter on Mav 23, 1996 - (1 )This form to be used for the following contracts/situations only (check the appropriate situation). - indefinite quantity, order more/add more _utility/railroad, underestimated total cost - COOT construction. sum of CMO's _LA construction, underestimated cost COOT construction, underestimated total cost COOT consultant, underestimated cost SECTION 1 (Reaion use) Date (2) Proiect code (3) To COOT Controller (FAX #(303) 757-9573 or e-mail CONTROLLER) Project # (4) From Office. (5) Phone # (5) FAX # (5) Reqion # (S) COOT has executed a contract with (6) Address (6) FEIN # (6) Contract routing # (7) COFRS encumbrance # (indicate PO, SC or PC #) (8) Fund Orgn Appro. Prgrm Func. Object/Sub-obj N/P GBL Reporting Catg. Proj/Sub/Phase (9) (9) (9) (9) (9) (9) (9) (9) (9) 'iginal contract amount Has a Budget Request been processed to cover the contract amount increase? ...,. (10) ves no (14) Previous Funding Letter(s) total Preparer's name (1 5) $ (11) (Funding letter #1 thru #---.J PHONE NO. This Funding Letter total Contract Administrator's/Business Manager's Approval $ (12) (16) (#-.l PHONE NO. Adjusted contract amount COOT Designee Approval $ (1 3) (17) Local Agency approval (18) SECTION 2 (Controller's Office use) (19) Total allotment amount Commission budget $ (19) $ (19) If construction: CE charges Indirect chgs Adjusted contract amount plus total CE & indirect _CE pool elig (19) $ (19) $ (19) charges calculation $ (19) lave reviewed the financial status of the project, organization, grant and have determined that sufficient funds are available -:0 cover this increase, effective as of (19) State Controller or Delegee Date (20) (20) Exhibit F - Page 1 of 1 Exhibit G LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST CDOT Form 1243 INTENTIONALL Y OMITTED -- ExhibIt G - Page I of 1 Exhibit H ATTACHMENT #1 THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDERAL-AID PROJECT AGREEMENTS WITH PROFESSIONAL CONSULTANT SERVICES Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded local agency project agreement administered by COOT that involves professional consultant services. 23 CFR ] 72 and 23 CFR 172( d) state that, "When federal-aid highway funds participate in the contract a local shall use the same procedures as used by the State to administer contracts " Therefore, local agencies must comply with this CFR requirement and the following state procedures when obtaining professional consultant services under a federally funded consultant contract administered by CDOT CDOT has formulated its procedures in Procedural Directive (P.D ) 400 I and the related operations guidebook titled "Obtaining ProfesslOna] Consultant Services" This directive and guidebook incorporate requirements from both Federal and State regulations, i,e., 23 CFR ] 72 and Colorado Revised Statute (C.R.S.) 24-30- ]401 et seq. Copies of the directive and the guidebook may be obtained upon request from CDOT's Agreements and Consultant Management Unit. [Local agencies should have their own written procedures on file for each method of procurement that addresses the items in 23 CFR ]72.5(b)(I-6)]. Because the procedures and laws described in the Procedural Directive and the guidebook are quite lengthy, the subsequent steps serve as a short-hand guide to COOT procedures that a local agency must follow in obtaining professional consultant services. This guidance follows the format of 23 CFR 172. The steps are' The contracting ]ocal agency shall document the need for obtaining professional services. 2. Prior to solicitation for consultant services, the contracting ]ocal agency shall develop a detailed scope of work and a list of evaluation factors and their relative importance, The evaluation factors are those identified in C.R.S. 24-30-] 403 Also, a detailed cost estimate should be prepared for use during negotiations. - 3 The contracting agency must advertise for contracts in confonnity with the requirements ofC.R,S, 24-30-]405 The public notice period, when such notice is required, is a minimum of 15 days prior to the selection of the three most qualified firms and the advertising should be done in one or more daily newspapers of genera] circulation, 4 The request for consultant services should include the scope of work, the evaluation factors and their relative importance, the method of payment, and the goal often percent (] 0%) Disadvantaged Business Enterprise (DBE) participation as a minimum for the project. 5 The analysis and selection ofthe consultants should be done in accordance with C.R.S. 24-30-1403 This section of the regulation identifies the criteria to be used in the evaluation ofCDOT pre-qualified prime consultants and their team It also shows which criteria are used to short-list and to make a fin a] selection. The short-list is based on the followmg evaluation factors: a, Qualifications, b. Approach to the project, c. Ability to furnish professional services. d. Anticipated design concepts, and e. Alternative methods of approach for furnishing the professional services. Evaluation factors for fmal selection are the consultant's: a. Abilities of their personnel, b. Past performance, c. Willingness to meet the time and budget requirement, d. Location, ExhibIt H - Page 1 of 2 Exhibit H e. Current and projected work load, f. Volume of previously awarded contracts, and g, Involvement of minority consultants, Under 24-30-1401, cost shall not be considered as a factor in the evaluation of professional consultant services. 6 Once a consultant is selected, the local agency enters into negotiations with the consultant to obtain a fair and reasonable price for the anticipated work. Pre-negotiation audits are prepared for contracts expected to be greater than $50,000 Federal reimbursement for costs are limited to those costs allowable under the cost principles of 48 CFR 31 Fixed fees (profit) are detennined with consideration given to size, compleJdty, duration, and degree of risk involved in the work. Profit is in the range of six (6) to fifteen (15) percent of the total direct and indirect costs. 7 A qualified local agency employee shall be responsible and in charge of the project to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of the contract. At the end of project, the local agency prepares a perfonnance evaluation (a CDOT form is available) on the consultant. 8. Each of the steps listed above is to be docwnented in accordance with the provisions of 49 CFR 18 42, which provide for records to be kept at least three (3) years from the date that the local agency submits its fmal expenditure report, Records of projects under litigation shall be kept at least three (3) years after the case has been settled. The c.R.S. 24-30-1401 through 24-30-1408, 23 CFRPart 172, and P.D 400 I, provide additional details for complying with the eight (8) steps just discussed. Exhibit H - Page 2 of 2 FHWA Form 1273 Exhibit I FHWA.1273 Electronic version -- March 10. 1994 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General 1 II Nondiscrimination 1 III. Nonsegregated Facilities 3 IV Payment of Predetermined Minimum Wage 3 V Statements and Payrolls........................... 6 VI. Record of Materials, Supplies. and Labor 6 VII. Subletting or Assigning the Contract......... 7 VIII. Safety. Accident Prevention 7 IX. False Statements Concerning Highway Projects... 7 X. Implementation of Clean Air Act and Federal Water Pollution Control Act......... ......................... 8 XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion 8 XII. Certification Regarding Use of Contract Funds for Lobbying 9 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAl - 1 These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superin- tendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section. the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions. and further require their inclusion in any lower tier subcontract or purchase order that may in tum be made. The Required Contract Provi- sions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4 A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3.4, and 7, Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accor- dance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7 Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of labor' During the performance of this con- tract, the contractor shall not: a. discriminate against labor from any other State. posses. sion. or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II, NONDISCRIMINATION (Applicabie to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) 1 Equal Employment Opportunity. Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws. executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein. and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 g!~.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract, In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obliga. tions and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: -II is the policy of this Company to assure that applicants are employed, and that employees are treated during employ- ment, without regard to their race, religion. sex, color, national origin, age or disability Such action shall include: employment. upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. preapprenticeship, and/or on-the-job training." 2. EEO OffIcer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant Exhibit I - Pagel of9 of. and will implement. the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contract- or's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employ- ees by means of meetings, employee handbooks. or other appropriate means. 4 Recruitment: When advertising for employees, the contrac- tor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will. unless precluded by a valid bargain- ing agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agree- ment providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees, 5. Personnel Actions: Wages, working conditions. and employee benefits shall be established and administered, and personnel actions of every type, induding hiring, upgrading, promotion, transfer. demotion, layoff, and termination. shall be taken without regard to race, color. religion. sex. national origin, age or disability The 101l0wing procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of Exhibit I discriminatory wage practices. c. The contractor will periodically review selected personnei actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action, If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract. will attempt to resolve such complaints, and will take appropriate corrective action within a. reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying. and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship. and on-the-job training programs for the geographical area of contract performance. Where feasible. 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subpara- graph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7 Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below' a. The contractor will use best efforts to develop. in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO dause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the laborunion and such labor union refuses to furnish such information to the contractor. the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor Exhibit I - Page 2 of 9 REQUIRED BY 23 CFR 633 102 with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will. through independent recruitment efforts, fill the employment vacancies without regard to race, color. religion, sex. national origin, age or disability; making full efforts to obtain qualified andlor qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exciusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8, Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not disaiminate on the grounds of race, color. religion, sex, national origin, age or disability in the selection and retention of subcontractors. including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of hisfher EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcon- tractor compliance with their EEO obligations. - 9 Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection byautho- rized representatives of the SHA and the FHW A. a. The records kept by the contractor shall document the following: (1) The number of minority and non.minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportuni- ties for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority. women. and non-minority group employees currentiy engaged in each work classification required by the contract work. This information is to be reported on Form FHW A-1391 If on-the job training is being required by special provision. the contractor will be required to collect and report training data. III. NONSEGREGArED FACILITIES (Applicable to all Federal-aid construction contracts and to all Exhibit I related subcontracts of $10.000 or more,) a. By submission of this bid, the execution of this contract or subcontract. or the consummation of this material supply agree- ment or purchase order. as appropriate. the bidder, Federal-aid construction contractor. subcontractor. material supplier. or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments. and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks.locker rooms, and other storage or dressing areas. parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facllities provided for employees which are segregated by explicit directive. or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2.000 and to all related subcontracts. except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-149S) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics. subject to the provi- sions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans. funds. or programs. which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage Exhibit I - Page 3 of 9 REQUIRED BY 23 CFR 633 102 determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed, c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorpo- rated by reference in this contract. 2. Classificatlon: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract. which is not listed in the wage determination, shall be classified in conformance with the wage determination, b. The contracting officer shall approve an additional classification. wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classification requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate. the laborers and mechanics (if known) to be employed in the addition- al classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate). a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Stan- dards Administration. Washington. DC. 20210. The Wage and Hour Administrator. or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary d. In the event the contractor or subcontractors. as appro- priate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits. where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommenda. tion of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator. or an authorized represen- tative. will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 3D-day period that additional time is necessary e. The wage rate (including fringe benefits where appropri- ate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: Exhibit I a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b, If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. provided. that the Secre- tary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4 Apprentices and Trainees (Programs of the U.S, DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered In a bona fide apprenticeship program registered with the DOL. Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau. or if a person is employed in hislher first 90 days of probationary employment as an apprentice in such an apprenticeship program. who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. - (2) The allowable ratio of apprentices to joumeyman- level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not regis- tered or otherwise employed as stated above. shall be paid not less than the applicable wage rate listed in the wage determina- tion for the classification of work actually performed. In addition. any apprentice performing work on the jOb site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered. the ratios and wage rates (ex. pressed in percentages of the journeyman.level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress. expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits. apprentices must be paid the full amount of fringe benefits listed on the wage determi. nation for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification. fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program. the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the Exhibit I - Page 4 of 9 REQUIRED BY 23 CPR 633 102 comparable work performed by regular employees until an accepl. able program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. - (2) The ratio of trainees to joumeyman-Ievel employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for hisiher level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits. trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprentice- ship program associated with the corresponding journeyman.level wage rate on the wage determination which provides for less than full fringe benefits for apprentices. in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually per- formed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal. aid highway construction programs are not subject to the require- ments of paragraph 4 of this Section IV The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentic. es and trainees to joumeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold. or cause to be withheld. from the contractor or subcontractor under this Exhibit I contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor. as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices. trainees, and helpers, em- ployed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work. all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor. take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7 Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers. mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer. mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-and-one-half times hisiher basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages, In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory. to such Distrlct or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer. mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7 9, Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld. from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways dassified as local roads or rural collectors, which are exempt.) 1 Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: ExhibIt I - Page 5 of 9 REQUIRED BY 23 CFR 633 102 a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics. apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name. social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1 (b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does. or does not, normally reside in the labor area as defined in Attachment A. paragraph 1 Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commit. ment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected. and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees. and helpers, described in Section IV, para- graphs 4 and 5, and watchmen and guardS engaged on work during the preceding weekly payroll period), The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014.1), U.S. Government Printing Office. Washington, D.C. 20402. The prime contractor is responsible for the submis- sion of copies of payrolls by all subcontractors, d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcon- tractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the follow. ing: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper. apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directiy or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed. as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certifica- tion set forth on the reverse side of Optional Form WH-347 shall Exhibit I satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V f, The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S,C. 1001 and 31 U.S.C. 231 g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHW A, or the DOL, and shall permit such repre. sentatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, afterwrilten notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment. advance. or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12, VI. RECORD OF MATERIALS, SUPPLIES, AND lABOR 1 On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis. highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1.000.000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHW A-4 7. "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47. and in the units shown on Form FHWA-47 c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHW A-4 7 together with the data required in paragraph 1b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned, 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII, SUBLETTING OR ASSIGNING THE CONTRACT 1 The contractor shall pertorm with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specially items designated by the State. Specialty items may be pertormed by subcontract and the amount of any such specialty i1ems performed may be deducted from the total original contract price before computing the amount of work required to be perlormed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor. assignee, or agent of the prime contractor b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or ExhibIt I - Page 6 of 9 REQUIRED BY 23 CFR 633 102 equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products wIlich are to be purchased or produced by the contractor under the contract provisions. 3, The contractor shall furnish (a) a competent superintendent or supervisor wIlo is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements. and is in charge of all construction operations (regardless of wIlo performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4 No portion of the contract shall be sublet. assigned or otherwise disposed of except with the written consent of the SHA contracting officer. or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. W rillen consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII, SAFETY ACCIDENT PREVENTION - 1 tn the performance of this contract the contractor shall comply with all applicable Federal. State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine. to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract. and shall be made a condition of each subcontract. which the contractor enters into pursuant to this contract. that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under constnJction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor. in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C, 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the mailer of compliance with the construc- tion safety and health standards and to cal1)' out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FAlSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers. contractors, suppliers, and workers on Federal-aid highway projects, it is essentiallhat all persons concerned with the project perform their functions as carefully, thoroughly. and hones~y as possible. Willful falsmcation, distortion. or misrepre- sentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway project (23 Exhibit I CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO AlL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever. being an officer, agent, or employee of the United States. or of any Sfate or Territory. or whoever, whether a person. association, firm, or corporation, knowingly makes any false statement, false representation. or false report as to the character, quality. quantity, or cost of the material used or to be used, or the quantity or quality of the war!<. performed or to be performed, or the cost thereof in connection with the submission of plans, maps. specifications. contracts, or cosfs of consfrucfion on any highway or relafed project submifted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false represenfation. false reporf or false claim with respect to the character, quality. quantity, or cost of any wor!<. performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transporfation; or Whoever knowingly makes any false statement or false representation as to material facf in any statemenf, certificafe, or reporf submitted pursuant to provisions of the Federal-aid Roads Act approved July 1. 1916, (39 Sfat. 355), as amended and supplemented; Shall be fined not more that $10.000 or imprisoned not more than 5 years or both.' X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal.aid construction contracts and to all related subcontracts of $100.000 or more.) By submission of this bid or the execution of this contract. or subcontract, as appropriate, the bidder, Federal.aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1 That any facility that is or will be utilized in the performance of this contract, unless such conlract is exempt under the Ciean Air Act. as amended (42 U.S.C. 1857 m~., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 m~., as amended byPub.L. 92-500). Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder 3, That the firm shall promplly notify the SHA of the receipt of any communication from the Director. Office of Federal Activities. EPA, indicating that a facility that is or will be utitized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract. and further agrees to take such action as the government may direct as a means of enforcing such requirements. Exhibit I - Page 7 of 9 REQUIRED BY 23 CFR 633 102 XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1 Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal-aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's detennination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disquatify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency detennined to enter into this transaction. If it is later detennined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies availabie to the Federal Government, the department or agency may tenninate this transaction for cause of default. d. The prospective primary participant shall provide immedi- ate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary partici- pant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances, e. The tenns "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into. it shall not knowingly enter into any lower tier covered transaction with a person who is debarred. suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debannent, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction. without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred. suspended. ineligible. or volun- tarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it detennines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs. (NonproaJre- ment List) which is compiled by the General Services Administration. Exhibit I I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause, The knowledge and infonnation of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible. or voluntarily excluded from participation in this transaction. in addition to other remedies available to the Federal Govemment, the department or agency may tenninate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Primary Covered Transactions 1 The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year periOd preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining. attempting to obtain. or performing a public (Federal, State or local) transaction or contract under a public transaction: vioiation of Federal or State antitrust statutes or commission of embezzlement, theft. forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal. State or local) with commission of any of the offenses enumerated in paragraph 1 b of this certification; and d. Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) tenninated for cause or default. 2, Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25.000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later detennined that the prospective lower tier participant knowingly rendered an erroneous certification. in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension andlor debannenl. Exhibit I - Page 8 of 9 REQUIRED BY 23 CFR 633 102 c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction; "debarred; "suspended," "ineligible," "primary covered transaction," "participant; "person: "principal; "proposal: and "voluntarily excluded; as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that. should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended. declared ineligible. or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debannent, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction; without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. - g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or volun- tarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it detennines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this dause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction. in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary exclusion-lower Tier Covered Transactions: 1 The prospective lower tier participant certifies, by submission of this proposal, that neither il nor its principals is presently debarred. suspended, proposed for debannent. dedared ineligible. or voluntarily exduded from participation in this transaction by any Federal department or agency ...... 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification. such prospec- tive participant shall attach an explanation to this proposal. Exhibit I XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS OR lOBBYING (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1 The prospective participant certifies, by signing and submit- ting this bid or proposal. to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency. a Member of Congress, an officer or employ- ee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant. the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continua- tion, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempt- ing to influence an officer or employee of any Federal agency, a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract. grant. loan, or cooperative agreement, the undersigned shall complete and submit Standard Fonn-LLL, "Disdosure Fonn to Report Lobbying; in accordance with its instructions, 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10.000 and not more than $100,000 for each such failure. 3, The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be induded in all lower tier subcontracts. which exceed $100,000 and that all such recipients shall certify and disdose accordingly ExhibIt I - Page 9 of 9 REQUIRED BY 23 CFR 633 102 Exhibit J FEDERAL REQUIREMENTS Federal laws and regulatIOns that may be applicable to the Work include: A. The "Uniform AdminIstrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Common Rule), at 49 Code of Federal Regulations, Part 18, except to the extent that other applicable federal requirements (including the provisions of 23 CFR Parts 172 or 633 or 635) are more specific than provisions of Part 18 and therefore supersede such Part 18 provisions, The requirements of 49 CFR 18 include, without linutation, 1 the Local Agency/Contractor shall follow applicable procurement procedures, as required by section 18,36( d); 2. the Local Agency/Contractor shall request and obtain prior CDOT approval of changes to any subcontracts in the manner, and to the extent required by, applicable proVIsions of section 18,30; 3 the Local Agency/Contractor shall comply with section 18.37 concerning any subgrants; 4 to expedite any CDOT approval, the Local Agency/Contractor's attorney, or other authorized representative, shall also submit a letter to CDOT certifYing Local Agency/Contractor compliance with section 18.30 change order procedures, and with 18.36(d) procurement procedures, and with 18.37 subgrant procedures, as applicable; 5 the Local Agency/Contractor shall incorporate the specific contract provisions described in 18,36(i) (which are also deemed incorporated herein) into any subcontract(s) for such services as terms and conditions of those subcontracts. B Executive Order 11246 of September 24,1965 entitled "Equal Employment OpportUnIty," as amended by Executive Order 113 75 of October 13, 1967 and as supplemented in Department ofLaborregulations (41 CFR Chapter 60) (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees). C The Copeland "Anti-Kickback" Act (18 U.S.c. 874) as supplemented in Department of Laborregulations (29 CFR Part 3) (All contracts and subgrants for construction or repair). D The Davis-Bacon Act (40 U.S,C. 276a to a-7) as supplemented by Department ofLaborregulations (29 CFR Part 5) (Construction contracts in excess of $2,000 awarded by grantees and subgrantees when required by Federal grant program legislation, This act requires that all laborers and mechanics employed by contractors or sub-contractors to work on construction projects financed by federal assistance must be paid wages not less than those established for the locality of the project by the Secretary of Labor), E. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S C 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanICS or laborers). F Standards, orders, or requirements Issued under section 306 of the Clear Air Act (42 U,S C I 857(h), section 508 of the Clean Water Act (33 U,S.C 1368). Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and subgrants of amounts in excess of $1 00,000). G Mandatory standards and polIcies relating to energy effiCIency which are contamed in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (pub. L. 94-163). H. Office of Management and Budget Circulars A-87, A-21 or A-122, and A-I02 or A-l10, whichever is applicable, 1. The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state that federal ExhibIt J ~ Page 1 of 3 Exhibit J funds cannot be used for partisan pohtlcal purposes of any kind by any person or orgamzatlOn mvolved in the administration of federally-assisted programs, J. 42 USC 6101 et seq, 42 USC 2000d, 29 USC 794, and implementing regulation, 45 C.F,R, Part 80 et. seq. These acts reqUIre that no person shall, on the grounds of race, color, national ongm, age, or handicap, be excluded from participatIOn in or be subjected to dlscnmination m any program or activity funded, in whole or part, by federal funds; K. The Amencans WIth Disabilities Act (Pubhc Law 101-336; 42 USC 12101, 12102, 12111-12117, 12131- 12134,12141-12150,12161-12165,12181-12189,12201-12213 47 use 225 and 47 USC 611. L. The Umform Relocation Assistance and Real Property Acquisition Policies Act, as amended (public Law 91. 646, as amended and Pubhc Law 100-17, 101 StaJ. 246-256). (If the contractor is acquiring real property and displacing households or businesses in the performance of this contract.) M. The Drug-Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq,). N The Age Discrimination Act of 1975, 42 U.S C Sections 6101 et. seq. and its Implementing regulation, 45 C.F,R, Part 91, Section 504 of the Rehabilitation Act of 1973, 29 U.S C 794, as amended, and Implementmg regulation 45 C.F.R, Part 84 o 23 C.F,R. Part 172, concemmg "Administration of Engineenng and Design Related Contracts". P 23 C.F.R Part 633, concerning "ReqUIred Contract Provisions for Federal-Aid ConstructIOn Contracts" - Q 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions" R. Title VI of the Civil Rights Act of 1964 and I 62(a) of the Federal Aid Highway Act of 1973. The requirements for which are shown in the Nondiscrimination PrOVISIons, which are attached hereto and made a part hereof. S. Nondiscrimmation ProviSIOns: In compliance with Title VI of the Civil RIghts Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973, the Contractor, for itself, its assIgnees and successors in interest, agree as follows. I Compliance with RegulatIOns. The Contractor will comply with the Regulations of the Department of Transportation relatIVe to nondiscnmmation in Federally asSIsted programs of the Department of Transportation (Title 49, Code of Federal RegulatIOns, Part 21, hereinafter referred to as the "Regulations"), which are herem incorporated by reference and made a part of this contract. 2. Nondiscrimination, The Contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not dIscriminate on the ground of race, color, sex, mental or physical handicap or national origin in the selection and retention of Subcontractors, including procurement of materials and leases of eqUIpment, The Contractor will not participate either directly or indIrectly m the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth m Appendix C of the Regulations. 3 Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all sohcitations Exhibit J ~ Page 2 of 3 , Exhibit J either by competitive bIdding or negotiation made by the Contractor for work to be performed under a subcontract, including procurement of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obhgations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental or physIcal handicap or natIOnal ongm. 4 InformatIOn and Reports. The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State or the FHW A to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the FHW A as appropriate and shall set forth what efforts have been made to obtain the information. 5 Sanctions for Noncompliance, In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the State shall Impose such contract sanctions as it or the FHW A may determine to be appropriate, including, but not limited to a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or; b. Cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The Contractor will include the provisions of paragraphs A through F in every subcontract, mcluding procurement of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions Issued pursuant thereto The Contractor will take such action with respect to any subcontract or procurement as the State or the FHW A may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event the Contractor becomes mvolved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such htigatlOn to protect the mterest of the State and in addItion, the Contractor may request the FHW A to enter into such litigation to protect the interests of the United States. - ExhibIt J - Page 3 of 3 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 26 Series of 2005 TITLE: A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE PURCHASE OF SNOW AND ICE CONTROL EQUIPMENT, ALONG WITH AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $105,000 WHEREAS, the City Council wishes to provide for the early purchase of de-icing equipment funded by a federal grant; and WHEREAS, the City has negotiated a contract with the Colorado Department of Transportation (COOT), for the purpose of obtaining state approval and oversight for the purchase of the de-icing equipment; and _ WHEREAS, the cost of the purchase of the de-icing equipment is estimated not to exceed $145,000; and WHEREAS, COOT will reimburse the City 80% of the costs of the de-icing equipment in year 2006 NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Contract Approved The contract between the City and COOT for Project AQC M361-003 purchase of de-icing equipment, is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same ATTACHMENT 2 Section 2.Budqet Amended A supplemental budget appropriation in the amount of $105,000 from General Fund unreserved fund balance to account #01-303-800-809 Section 3.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: I. :FI REQUEST FOR CITY COUNCIL ACTION ~-----~ r '{\ ..~~ COUNCIL MEETING DATE: May 23, 2005 TITLE: RESOLUTION 27-2005: A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $14,864 TO REINSTATE ONE RECREATION CLERK POSITION A T THE SENIOR CENTER/COMMUNITY CENTER FROM 0.5 FTE TO 1.0 FTE o PUBLIC HEARING o BIDS/MOTIONS ~ RESOLUTIONS o ORDINANCES FOR I ST READING (Date: _) o ORDINANCES FOR 2ND READING Quasi-JudIcial. o Yes ~ No - ~~ City Mana ~ j EXECUTIVE SUMMARY: / As part of the budget reductIons for the 2004 budget, a full-time Recreation Clerk positIOn at the Senior/Community Center was reduced from 40 hours per week to 20 hours per week. The impact of this reductIOn includes a decrease in the quality and level of customer service the reduced level of staff is able to provide, a reduction offront desk coverage to assist customers, and closure of the building to the public on Friday afternoons. Remstatement of this position to full-time meets one aspect of the sales tax mitiative, "Maintain Appropriate Park and Recreation Staff and Equipment." The reinstatement ofthis positIOn also addresses CIty Council's goal and objective of "Leisure Amenities for Families - Additional Facilities and Programs for Seniors. " COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The reduction ofthls position from full-time with benefits to part-time with benefits in 2004 resulted in a lower level of customer servIce at the Senior/Community Center The buildmg is closed on Friday afternoons as a result of the budget reductIOn. The front desk dutJes and coverage are accomplished WIth one employee, resultmg in fewer alternatives for back up coverage and a loss of efficiency in accomplishing other Job duties assigned to that employee. Reinstatement ofthe position will allow the Senior/Commumty Center to reopen on Friday afternoons, as well as have the appropnate employees available for front desk coverage. The volume of customer calls, front desk visits, program registration and facility programming require two employees workmg at the front desk to provide a quality level of service ALTERNATIVES CONSIDERED: To not approve the Resolution, therefore, not reInstating the Recreation Clerk to 40 hours per week. FINANCIAL IMPACT: The financIal impact for the remainder of the 2005 budget year, reinstatement effective June 6, 2005, IS $14,864 whIch includes benefits. The financial Impact of reinstating this position from 20 hours a week to 40 hours per week on an annual baSIS is $23,834 RECOMMENDED MOTION: "I move to approve Resolution 27-2005, a Resolution amending the fiscal year 2005 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $14,864 to remstate one RecreatIOn Clerk Position at the Senior/Community Center from 0.5 FTE to 1.0 FTE." or, "I move to table indefimtely Resolution 27-2005, a Resolution amending the fiscal year 2005 General Fund Budget to reflect the approval of a Supplemental Budget AppropnatlOn in the amount of$14,864 to remstate one Recreation Clerk Position at the Senior/Community Center from 0.5 FTE to 1.0 FTE for the following reason(s) " Report Prepared by: Joyce Manwaring, Parks and Recreation Director Reviewed by' Patrick Goff, Deputy City Manager Attachments: 1 Resolution 27-2005 050523 caf - INCRE^SE REC CLERK RESOLUTION NO. 27 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 $14,864 TO REINSTATE ONE RECREATION CLERK POSITION AT THE SENIOR/COMMUNITY CENTER FROM 0.5 FTE TO 1.0 FTE WHEREAS, the City of Wheat Ridge Strategic Plan includes a goal for Leisure Amemties for Families; and WHEREAS, the City CouncIl supports Senior Recreation Programs and wishes to continue these programs at the level prior to 2004 budget reductions, and WHEREAS, the 2004 ballot question for an increase in the City's sales and use tax rate proposed additIOnal funds to maintain appropriate Park and Recreation staff; and WHEREAS, staff recommends reinstatement of this position to meet the obJective of providing more senior programs and maintaining services, 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 Fiscal Year 2005 General Fund budget is hereby approved. (a) A supplemental budget appropriation from General Fund unreserved fund balance in the amount of$14,864 to account #01-624-600-602. (b) This resolution shall be effective beginning June 6, 2005 DONE AND RESOLVED THIS DAY May 23, 2005. Gretchen Cerveny, Mayor ATTEST: Pam Anderson, City Clerk ~TTACHMENT 1 ITEM NO' J, c. REQUEST FOR CITY COUNCIL ACTION r-,~f~l [rUJ COUNCIL MEETING DATE. May 23, 2005 TITLE: RESCHEDULE CITY COUNCIL STUDY SESSION SCHEDULED FOR JULY 4, 2005 TO WEDNESDAY, JULY 6, 2005 o PUBLIC HEARING ~ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR I ST READING (Date' _) o ORDINANCES FOR 2ND READING Quasi-Judicial: D Yes ~ No ~b-J~ City Man er ~ EXECUTIVE SUMMARY: - A City CouncIl Study Session is scheduled for Monday, July 4, 2005, Independence Day In the past, Study Sessions scheduled on the same day as a holiday have either been canceled or rescheduled to another date. It is recommended that the Study SessIOn scheduled for Monday, July 4, 2005 be rescheduled to Wednesday, July 6, 2005 COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: N/A AL TERNA TIVES CONSIDERED: An alternative to be considered for the July 4, 2005 Study Session would be to cancel rather than reschedule the meeting. FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "I move that the Monday, July 4, 2005 CIty Council Study Session whIch falls on Independence Day be rescheduled for Wednesday, July 6, 2005 " or, "I move to cancel the July 4,2005 City Council Study Session." Report Prepared by: DebbIe Meixner, Executive Assistant (303) 235-2819 FINANCIAL IMP ACT: N/A RECOMMENDED MOTION: "I move that the Monday, July 4, 2005 City Council Study SessiOn which falls on Independence Day be rescheduled for Wednesday, July 6,2005 " or, "I move to cancel the July 4,2005 City CounCil Study Session." Report Prepared by' DebbIe Meixner, Executive ASSIstant (303) 235-2819 ~ ITEM NO' Q, ~ A\ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: May 23, 2005 // TITLE: COUNCIL BILL NO. 06-2005, AN ORDINANCE ESTABLISHING AGRICULTURE ONE ZONING FOR A PORTION OF STATE HIGHWAY 58 RIGHT-OF-WAY LOCATED WEST OF 1-70 AND EAST OF ELDRIDGE STREET (CASE NO. WZ-05-04/HIGHW A Y 58) [8J PUBLIC HEARING o BIDSIMOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date' April 25, 2005) ~ ORDINANCES FOR 2ND READING QuasI-JudIcial ~ Yes o No - LItiL cJt~~r1 Community Development DIrector EXECUTIVE SUMMARY: This ordmance establIshes Agnculture One zomng for a portion of State Highway 58 right-of-way located west of 1-70 and east of Eldndge Street. The property currently does not have a zomng designation. The property was annexed mto the City of Wheat Ridge on February 28, 2005 State statute requires that any property annexed into a municipality must have a zoning deSIgnatIOn within 90 days of annexation. The subJect property is 19.82 acres in size Planning CommIssion recommended approval of the rezomng WIth no conditIons. Approval of this request helps implement the goal of preparing for growth and opportunitIes. The request IS adjacent to the 1-70 Corridor and is related to developing the comdor as a major commercial center. COMMISSIONIBOARD RECOMMENDA TION: Planning CommIssion heard this request on Apnl 7, 2005 and recommended approval for the followlfig reasons: 1:ICabela s\Highway 581Highway 58 CAF 2nd reading.doc Colorado State statute requires that for all property annexed by a mUnicIpality, zoning must be establIshed within 90 days. 2. The A-I zone desIgnatIOn is consistent with the zoning designation ofI-70 3 The zoning will not adversely impact public health, safety or welfare 4 There are no Impacts to lllfrastructure as a result of the zoning. There were a few neIghbors present at this publIc heanng, however, none of the comments were related to this specific request. STATEMENT OF THE ISSUES: 1-70 right-of-way IS zoned A-I. ThIs requested action IS consIstent wIth previous practICe AL TERNA TIVES CONSIDERED: Do not approve on first reading FINANCIAL IMPACT: The Impact to the City occurred when the nght-of-way was annexed. The Cay IS responsible for police protection and there are costs as yet undefined assocIated with providing that service. The State remams responsible for maintenance of the hIghway Itself and the right-of-way RECOMMENDED MOTIONS: "I move to approve CouncIl Bill No. 06-2005, an ordinance establishing Agriculture One zoning for a portion of State Highway 58 nght-of-way located west of 1-70 and east of Eldridge Street order It published, on second reading, that the ordinance take effect Immediately upon adoption, and with the followmg findings. 1 Colorado State statute reqUIres that for all property annexed by a mumclpality, zoning must be established within 90 days. 2. The A-I zone designation is consistent with the zoning deSIgnation of 1-70. 3, The zomng will not adversely impact publIc health, safety or welfare 4. The request meets the applicable rezoning critena of Section 26-112 (D) of the Wheat Ridge Code of Laws," OR "I move to table indefinitely Councll BIll No 1 ..." , for the followlllg reasons: Report Prepared bY' Alan White Attachments: 1. City CouncIl staff report 2. Council BIll No. 06-2005 I:\Cabela'slHighway 58\Highway 58 CAF 2nd reading.doc CITY OF WHEA T RIDGE PLANNING DIVISION STAFF REPORT TO: City Council CASE MANAGER. Travis Crane CASE NO. & NAME. WZ-05-04/Highway 58 DATE OF MEETING April 25. 2005 ACTION REQUESTED' Approval of establishment of A-I zoning for a parcel of land previously annexed into the City of Wheat Ridge LOCA TION OF REQUEST A portion of Highway 58 west of 1-70 and east of Eldridge Street APPLICANT (S). City of Wheat Ridge OWNER (S): State of Colorado APPROXIMATE AREA 1982 acres PRESENT ZONING Pending COMPREHENSIVE PLAN Business Park (BP) ENTER INTO RECORD: - (X) (X) (X) CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENT A T10N (X) COMPREHENSIVE PLAN ~ation Map Subject Parcel ..-- -... ... ... incorporated efferson County o City Council Case WZ-05-04IHwy 58 1 ATTACHMENT 1 Jurisdiction All notificatIOn and posting reqUIrements have been met; therefore, there is JunsdictlOn to hear thIs case I. REQUEST The CIty is requestIng approval of establIshment of zonIng for a portion of State Highway 58 right-of- way between 1-70 and Eldridge Street. The property IS approxImately 19 82 acres in size. II. CASE ANALYSIS The property was annexed on February 28th along with an additional 178 acres of land west of 1-70 between Highway 58 and West 32nd Avenue. This partIcular portIon of property is owned by the State of Colorado. There will be no phYSIcal changes to the property as a result of thIS rezoning. State statute reqUIres establishment of zonIng for annexed land wlthm 90 days of annexatIon. The property was annexed into the CIty of Wheat Ridge on February 28, 2005 III. REZONING CRITERIA Staff has the follOWIng comments regardmg the cntena used to evaluate a change m zone 1. That the existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. The official zoning map IS not m error The property was recently annexed into the City of Wheat RIdge, and there is no zomng deSIgnatIon currently 2. That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, and that the evidence supports the finding of the following. There has been a change in character in the area. The properties dIrectly to the north of the subject parcels were annexed and zoned Planned Industnal Development 6 years ago Commercial development has occurred in the 70 West Busmess Center to the south. The subJect parcels have been annexed mto the City of Wheat Ridge, thereby creating change in character 3. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The ComprehensIve Plan Addendum future land use map does not distinguish between the right-of-way and adjacent property As a result, the nght-of-way is shown as "Busmess Park" This is not an appropriate designatIon as the right-of-way will likely never be developed except WIth a hIghway. The A-I zonmg designatIOn is consIstent with the zonmg deSIgnation for 1-70 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. City Council Case WZ-05-04IHwy 58 2 The estabhshment of A-I zonmg on this property will have no impact on surrounding propertIes. 5. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. The change of zone will have no effect on the socIal, recreatIOnal, physIcal or economIc conditions of the community 6. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. Smce the right-of-way is not a developable parcel needmg to be served by infrastructure, thIs critenon does not apply 7. That the change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to the adjacent properties. The change of zone will not adversely affect the publIc health, safety or welfare of the adjacent parcels, nor WIll It senously reduce hght and air to the adjacent properties. 8. That the change of zone will not create an isolated or spot zone district unrelated to adjacent or nearby areas. The proposed rezomng WIll not create an Isolated zoned district. The portIOns of 1-70 which are located within the City of Wheat RIdge are zoned A-I. IV. AGENCY REFERRALS The proposal was referred to all adjacent jurisdictions. The Commumty Development Department has not receIved any comment regarding thIS partIcular rezoning from the junsdlctions. All dIstricts whIch serve thIS section of highway will contmue to do so V. NEIGHBORHOOD MEETING The reqUIred neighborhood meetmg was held on November 30, 2004. This neighborhood meetmg dIscussed site development, and focused on traffic There were no specific comments regarding the establishment of A-I zoning for Highway 58, and as a result, the neighborhood meeting synopsis has not been included. VI. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff concludes that the request meets the applicable rezoning cntena establIshed m Section 26-112 (D) of the Wheat Ridge Code of Laws. Staff recommends approval City Council Case WZ-05-04IHwy 58 3 INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 06-2005 Ordinance No. Series of 2005 TITLE: AN ORDINANCE ESTABLISHING A-I ZONING FOR A PORTION OF STATE HIGHWAY 58 RIGHT- OF-WAY LOCATED GENERALLY WEST OF 1-70 AND EAST OF ELDRIDGE STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon applicatIOn by the CIty of Wheat Ridge, a request for approval of establishment of zoning In Wheat Ridge, Colorado, Case No WZ-05-04, for portIOns of Highway 58 and associated nght-of-way located generally west ofI-70 and east of Eldndge Street and based on a recommendation of approval from the Wheat RIdge Planning CommIssion and pursuant to the findings made based on testimony and eVIdence presented at a publIc hearing before the Wheat Ridge CIty CouncIl, Wheat RIdge maps are hereby amended to include In the Agnculture One zone distnct the follOWIng described land. - A PARCEL OF LAND, LOCATED IN THE NORTH ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF SECTION [9 AND THE NORTH ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERID[AN, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS COMMENCING AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 19, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 19 LIES SOoo08' 11 "W ALONG THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER OF SECTION 19,2644.33 fEET, THENCE SOoo08'1 ] "W ALONG SAID EAST LINE, 275.39 fEET TO THE POINT OF BEGINNING, AND THE NORTH RIGHT-Of-WAY LINE Of COLORADO STATE HIGHWAY 58 AS DESCRIBED [N THAT DOCUMENT RECORDED AT BOOK 2177, PAGE 367 [N THE JEffERSON COUNTY CLERK AND RECORDER'S OFFICE, THENCE N87001'30"E ALONG THE EASTERLY EXTENSION OF SAID NORTH RIGHT-OF-WAY LINE. 487 62 FEET TO THE NORTHWEST RIGHT-OF-WAY LINE OF THAT PARCEL FOR INTERSTATE 70 RECORDED IN BOOK 1875, PAGE 159 IN SAID OFFICE, THENCE N38050'10"E ALONG THE NORTHWEST LINE Of SAID INTERSTATE HIGHWAY PARCEL, 13870 FEET TO THE SOUTH LINE OF THAT PARCEL RECORDED IN BOOK 2163, PAGE 160; THENCE N73042'38"E ALONG SAID SOUTH LINE. 322.71 FEET TO WEST LINE OF THE CITY OF WHEAT RIDGE BOUNDARY AS DESCRIBED IN THE ORIGINAL WHEAT RIDGE INCORPORATION DOCUMENTS RECORDED IN BOOK 2] ] 8 AT PAGE 521 IN SAID OFFICE, THENCE SOI006'12"W, ALONG SAID CITY BOUNDARY, 39977 FEET TO THE SOUTH RIGHT-OF-WAY LINE Of SAID INTERSTATE 70; THENCE S88056'22"W, ALONG SAID SOUTH RIGHT-Of-WAY LINE, 559 40 FEET TO THE ATTACHMENT 2 SOUTHEAST RIGHT-OF-WAY LINE OF THAT STATE HIGHWAY PARCEL AS RECORDED IN BOOK 1895, PAGE 55, THENCE S38052'45"W, ALONG SAID SOUTHEAST RIGHT-OF-WA Y LINE, 13570 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SAID PARCEL, THENCE S89022'40"W, ALONG SAID SOUTH RlGHT-OF-W A Y LINE, 232.23 FEET TO THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER, THENCE NOoo08'I I "E, ALONG SAID WEST LINE, 43.98 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SAID COLORADO STATE HIGHWAY 58, THENCE S87001 '30"W ALONG SAID SOUTH RIGHT-OF-WAY LINE, 2426.47 FEET, THENCE NOl041'59"E, 250 83 FEET TO THE SAID NORTH RlGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 58, THENCE N87001'30"E ALONG SAID NORTH RIGHT-OF-WAY LINE, 2419 61 FEET TO THE POINT OF BEGINNING CONTAINING 19 823 ACRES, MORE OR LESS 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 pubhc convemence and welfare. The City Council further determmes that the ordmance bears a rational relation to the proper legislative object sought to be attamed, Section 3. Severability. If any clause, sentence, paragraph, or part of thIs Zonmg Code or the apphcation thereof to any person or cIrcumstances shall for any reason be adjusted by a court of competent jurisdictIOn invalId, such judgment shall not affect applIcatIOn to other persons or circumstances, Section 4. Supersession Clause. If any provision, requirement or standard established by thIS Ordinance is found to conflict wIth simIlar provisions, requirements or standards found elsewhere in the Code of Laws of the CIty of Wheat Ridge, whIch are in eXIstence as of the date of adoptIOn ofthis Ordinance, the provisions, requirements and standards herem shall supersede and prevail. Section 5. This OrdInance shall take effect IMMEDIA TEL Y UPON ADOPTION INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to ----D-- on thIS 25th day of April, 2005, ordered publIshed m full in a newspaper of general CIrculatIOn in the CIty of Wheat RIdge and Public Hearing and conSIderation on final passage set for May 23rd 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 23rd day of May, 2005. SIGNED by the Mayor on this _ day of ,2005. ATTEST Pamela Y Anderson, CIty Clerk ATTORNEY 1 st PubhcatlOn. April 28, 2005 2nd Publication. Wheat Ridge Transcript Effective Date e: \planning\forms\ord. frm - GRETCHEN CERVENY, MAYOR APPROVED AS TO FORM BY CITY GERALD DAHL, CITY ATTORNEY ITEM NO: 62,.}5. REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE. May 23, 2005 TITLE: COUNCIL BILL NO. 07-2005, AN ORDINANCE ESTABLISHING PLANNED COMMERCIAL DEVELOPMENT ZONING FOR PROPERTY LOCATED GENERALLY WEST OF 1-70, SOUTH OF HIGHWAY 58, AND NORTH OF WEST 32ND A VENUE (CASE NO. WZ-05-01/CABELA'S & COORS) [8] PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date. April 25, 2005) [8] ORDINANCES FOR 2ND READING QuasI-JudIcIal [8] Yes o No - ~~ Community Development DIrector City~~~ EXECUTIVE SUMMARY: Cabela's and Coors Brewing Company are requesting approval of an establIshment of Planned CommercIal Development zoning for the properties located generally west of 1-70, south of Highway 58 and north of West 32nd A venue. The properties currently do not have a zoning deSIgnation. The properties were annexed into the City of Wheat RIdge on February 28, 2005 State statute requires that any property annexed into a mumclpality must have a zoning designation wlthm 90 days of annexation. The apphcants are requesting Planned CommercIal Development zoning designation contammg 178.2 acres. The ODP would allow only two uses - water storage and deposition and excavation of fill material. The applicants are in the process of completing a "1601" study WIth the Colorado Department of TransportatIOn, and feel that process must be completed before submittIng development plans WIth any commercial site development, as the findmgs may Impact access points and improvements required, Until that process is completed, this interim ODP with the lImIted range of allowed uses fulfills the state requirement that zomng be established within 90 days of annexation. The ODP establIshes the allowable uses and development standards for the property Planning Commission recommended approval of the rezomng with no conditions. Approval of this request is a first step In ImplementIng Councll' s strategIc goals of a) preparing for growth and opportunities and b) developIng the 1-70 Corridor as a maJor commercIal center COMMISSION/BOARD RECOMMENDATION: Planmng CommIssIon heard thIs request on Apnl 7, 2005 and recommended approval for the followmg reasons' 1. The proposed zonmg meets the cntena of Code SectIon 26-112.D 2. The proposed zoning and mtenm ODP fulfills the State reqUIrement that the annexed property must be zoned wlthm 90 days. 3. The zone designatIOn IS consIstent WIth the future land use map m the ComprehensIve Plan. 4 The uses and reqUIrement to obtam a specIal use permit for any excavatIOn or fill actIvIty wlll mlmmize any adverse impacts to the surrounding area. 5 There has been a change in character in the area as evidenced by the annexatIOn of the property to the City and the commercial development to the south and the industrial development to the north. 6 The change in zone IS compatible with Planned Development zonmg to the north, east and south. 7 There IS a phYSIcal benefit to the change of the zoning resultmg from the reclamatIOn of the former gravel mine sIte. There were a few neighbors present at this public heanng to speak to this request. Many of the concerns were m relation to eventual commerCIal sIte development and the mcrease of traffic levels There were a few neighbors present to express support of the proposal. ST A TEMENT OF THE ISSUES: None AL TERNA TIVES CONSIDERED: Do not approve on second reading n table indefinitely. FINANCIAL IMPACT: The financial Impacts of thIS zoning and mtenm ODP are mInimal. The City has received one-time fees for the land use applIcatIOn and gradmg permit. Upon annexatIOn, the City assumed the responsibIlIty for provIding servIces to thIS area whIch is when the financial impact to the City began. Until the site is fully developed, the cost to the City IS pnmarily from respondmg to emergency calls. The development plans must be amended to expand the lIst of allowed uses for the City to receIve any revenue from the development. That would also be the time when additional costs would be incurred by the City RECOMMENDED MOTIONS: "I move to approve CounCIl Blll No 07-2005, a request to establIsh Planned CommerCIal Development zomng for propertIes located generally west of 1-70, south of Highway 58 and north of West 32nd, on second readmg, that the Ordinance take effect Immediately, and WIth the followmg 1:\Cabela's\Cabcla's REVISED ODP\Cabelas Interim aDP Council Action fonn 2nd reading.doc findIngs 1 The proposed zonIng fulfills the State requirement that the annexed propel1y must be zoned wlthm 90 days. 2. The rezonIng request meets the apphcable rezoning cntena establIshed In SectIOn 26-112 (D) of the Wheat Ridge Code of Laws 3. There has been a change III character In the area as eVIdenced by the annexatIon of the property, the commercIal development to the south and the Industrial development to the north 4 The change In zone IS compatible with the planned development zoning to the north, east and south. 5. The uses and the reqUIrement to obtam a special use permIt for any excavation or fill actIvity will mInImIze any adverse impacts to the surrounding area. 6 There will be a physical benefit to the change of zone resultmg from the reclamation of the former gravel mine sIte. There will be a recreational benefit from the hmited recreatIOnal use of the water storage reservOIr 7 The proposed uses and actIvities will have a lImIted Impact on infrastructure. 8 The restricted uses wIll not have any adverse effect on the surrounding area. 9 The proposed rezonmg will not create an Isolated zone dlstnct." OR "I move to table indefinItely CouncIl BIll No 07-2005 for the following reasons 1. - Report Prepared by: Alan White ReVIewed by' Attachments. 1. City CounCIl staff report (with exhibits) 2. Council Bill No 07-2005 1:\Cabelas\Cabela's REVISED ODP\Cabelas Interim aDP Council Action form 2nd reading. doc CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO' City Council CASE MANAGER. Alan WhIte CASE NO. & NAME. WZ-05-0l/Cabela's & Coors DATE OF MEETING May 23, 2005 ACTION REQUESTED' Approval of establishment of Planned Commercial Development zoning and approval of an interim Outline Development Plan for a parcels of land previously annexed into the City of Wheat Ridge LOCATION OF REQUEST Parcels ofland west ofI-70, south of Highway 58 and north of West 32nd A venue APPLICANT (S). Cabela's/Coors OWNER (S): same APPROXIMA TE AREA. 178.2 acres PRESENT ZONING None COMPREHENSIVE PLAN Community Commercial (CC) and Business Park (BP) ENTER INTO RECORD: - (X) (X) (X) CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION (X) COMPREHENSIVE PLAN JelT rson County /; City Council Case WZ-05-0IlCabela s & Coors ATTACHMENT 1 1 Jurisdiction All notificatIOn and posting reqUIrements have been met; therefore, there IS junsdictlOn to hear this case I. REQUEST The property owners are requestmg approval of establIshment of Planned CommercIal Development zoning for parcels located south of Highway 58, west of 1-70 and north of West 320d A venue (See Exhibit 1, Letter of Request) The property is approxImately 178,2 acres m size. II. PROPERTY HISTORY The properties were annexed into the CIty of Wheat RIdge on February 28th, 2005 State statute requires establishment of zonmg for annexed land within 90 days of annexatIon. The applicants initially submitted requests for rezonmg and associated development plans WIth the annexatIOn petition in January of 2005 These requests included zomng approximately 150 acres for retail development. In several neighborhood meetings, concern was expressed by neighbors about the increased traffic and congestIOn as a result of any commerCIal development. Street and highway Improvements proposed to mItigate the mcrease m traffic generated by the proposed development have triggered an mterchange modIficatIon study, or "1601" process, WIth the Colorado Department of TransportatIOn. The applIcants feel that this process should be completed prior to approval of any development plans because access to the sIte could be affected. Because State statute requires zoning on this property within 90 days of annexation, a reVIsed or "interim" OutlIne Development Plan has been submitted that would zone the property and allow only two uses/actIVItIes _ neIther of which would allow any retail development. The interim ODP lS dIscussed in further detail m Section III. After completion of the 1601 process, it is antICIpated that a reVIsed ODP will be submitted which wIll address the eventual commercial development of the sIte. - On February 28, 2005, a Special Use PermIt (SUP) was approved by City Council for a portion of these propertIes. An SUP Amendment was approved on May 9, 2005 The SUP Amendment was a request to add approximately 48 acres to the area already approved for excavatIOn and deposItion of fill material in excess of 20,000 cubIC yards. The SUP Amendment was approved with a number of condItions as follows: 1. The apphcants shall adhere to the performance standards as lIsted in Section 26-623 C 2 of the Zoning and Development Code, with the following exceptions' a. Hours of operatIOn shall be lImIted to 7'00 a.m. to 9:00 p.m., Monday through Saturday, except for April 15 to May 15, where work wJ!1 be allowed on Sundays. b For areas withm 200 feet of residential properties, the hours of operatIOn shall be limIted to 7'00 a.m. to 7'00 p.m. c. Fencing at a heIght of 48 inches shall be permItted. d. The 30-foot setback shall not apply to the west, north, and east property lines of the previously approved area and to all property lInes of the added area. The 30-foot setback shall remain a requirement along the south property lme of the previously approved area. City Council Case WZ-05.01/Cabela's & Coors 2 2. The commumty notIficatIOn process estabhshed for questIOns and complamts regarding the operation shall contmue to be mamtained. 3 There shall be no explosive devices used for the demolition or excavation of matenal. 4 The applicants shall comply wIth the condItIOns of state permits regardmg water and air quahty, and mmmg and reclamatIOn. 5 The applicant shall continue to implement the CIty-approved nOIse abatement plan. 6 All access to the site shall be from McIntyre Street. 7 The grant of use shall be to the apphcants and may not be mhented. 8 Violations of any of the above conditions may be grounds for revocatIOn of the special use permIt. 9 The nine Itemized issues listed m the letter dated May 9, 2005 from Nanette Neelan, Jefferson County, shall be addressed to the satisfactIOn of the applIcant and the Director of Commumty Development. It should be noted that because a SUP Amendment has been approved by CIty CouncIl, the excavatIOn and deposition would be allowed WIthout an approved ODP The need to establish zoning (PCD) stems from the State reqUIrement that the property be rezoned withm 90 days of annexatIOn. The proposed zoning of PCD reqUIres the OutlIne Development Plan - III. OUTLINE DEVELOPMENT PLAN The Outline Development Plan being conSIdered WIll allow two uses/activities. excavation and fill and water storage (See Exhibit 2, ODP) The ODP shows two parcels - parcel 1 and parcel 2. The excavatIon and fill would be allowed on each parcel The applicants wish to construct a water storage facihty on parcel 2. The excavated matenal from the water storage facilIty will be distributed to parcel 1, consistent with the conditions of approval of the Special Use Permit. Excavation and fill, water storage, and pnvate recreation use are the only uses/activItIes allowed within this ODP The ODP does not allow for the construction of any retail stores. There are no entitlements to commercial development If this request is approved. Because the request does not include any major site development and comments were received and responded to with the amended SUP, referral comments for this zoning and intenm ODP have not been solICIted except from Jefferson County. The County had no comments relative to this "mtenm" ODP Referral comments, as well as analyses regardmg drainage, traffic and complete development standards will be forthcoming with the antIcipated amended ODP application. The "interim" ODP establishes some basic development standards. It is anticipated that the water storage reservoir will be under constructIOn well in advance of any other sIte development and, therefore, the development standards all relate to the water storage facility. These standards mclude buJlding coverage, setbacks, landscaping, lIghting, and fencing. These standards are established to address parcel 2 only Standards will be expanded to address eventual development of the site when the amended ODP is submitted. City Council Case WZ-05-01ICabela's & Coors 3 Parcel 2 will contaIn one small pump house located in the northwest corner of the property. A small parkIng area IS also planned m thIs locatIOn to accommodate vehIcles for any maIntenance work. A sIx-foot fence is planned for the pen meter of parcel 2. Some landscapIng is proposed around the penmeter of the water surface area. A Final Development Plan IS being conSIdered for parcel 2 at the same hearing as this intenm ODP IV. REZONING CRITERIA Staff has the following comments regardIng the cnteria used to evaluate a change in zone. 1. That the existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. ThIS criterion does not apply SInce the property was not previously zoned in the CIty 2. That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, and that the evidence supports the finding of the following. There has been a change in character In the area. The properties directly to the north of the subject parcels were annexed and zoned Planned Industrial Development 6 years ago New commercial development has occurred to the south in the 70 West Business Center In the past 6 years. The subject parcels have been annexed Into the City of Wheat RIdge, thereby creatIng a change in character 3. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. Until final uses are known, this cntenon has hmlted applicability To the hmited extent It does apply, the proposed uses and activitIes are compatible with the surrounding area. 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The proposed zonIng IS compatible with the surrounding area; several properties to the east across 1-70 and south of the subject propertIes are zoned Planned CommerCIal Development. Pill zomng exists to the north across State Highway 58. 5. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. There will be a phYSIcal benefit to the community with the reclamatIOn of the former gravel mIne site. Commumty recreatIOnal benefit will be derived from the limited pnvate recreational use to be allowed on the lake. City Coum:il Case WZ-05-01/Cabela's & Coors 4 6. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. The change of zone and the limited uses allowed wIll have no to mInImal lmpact on infrastructure or servIce abIlity for any of the specIal districts serving the area, The hmited mfrastructure that IS needed to accommodate the proposed uses IS avaIlable. 7. That the change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to the adjacent properties. The restricted uses allowed on thIS mtenm ODP wIll not have any adverse affect on the surroundmg area. The SpeCIal Use PermIt process wIll ensure that any adverse Impacts to the surroundmg area wIll be minimized. 8. That the change of zone will not create an isolated or spot zone district unrelated to adjacent or nearby areas. The proposed rezomng will not create an isolated zone district. CommerCIal properties to the east and south are zoned Planned CommercIal Development. V. NEIGHBORHOOD MEETING The required neighborhood meeting was held on November 30, 2004 ThIS neIghborhood meetmg dIscussed the full development of the site, and focused on traffic As a result, the neIghborhood meetmg synopsIs has not been included WIth this intenm ODP revIew The neIghborhood meetmg synopsis wJ!1 be included when the amended ODP IS submitted for revIew - VI. ST AFF CONCLUSIONS AND RECOMMENDATION The zone deSIgnation and mterim ODP meet the apphcable rezoning cnteria of Section 26-112 (D) of the Wheat Ridge Code of Laws. Staff recommends approval. Please note that approval of the ordinance zonmg the property wIll include approval of the ODP City Council Case WZ-05.01/Cabela's & Coors 5 r \\ 0 It I. () . s F 0 It F \1 0 S T 0 l T I. I T T E R Hun/rnf!. . FishIng. Outdoor Gf'ar March 21, 2005 Mr Alan C White Community Development Director 7500 W 29th Avenue Wheat Ridge, CO 80033 Re Cabela'slCoors Outline Development Plan (ODP) Modification Request - Dear Mr White, On behalf of Cabela's Retail Inc, Coors Brewing Company and the Salter Family, we request a modification of the Outline Development Plan (ODP) currently being considered by the City of Wheat Ridge Over the course of several public meetings with area residents as well as discussions with outside review agencies, we believe that the direction for this project is at a critical junction regarding site development approval. Whereas, our initial approach to this project was identified in earlier meetings with the City to consist of a combined ODPIFDP submittal that addressed those issues pertinent to the development of a retail project in Wheat Ridge, we see today the need to align this project with a comprehensive evaluation and determination of the regional traffic system needs in the area of 1-70 and State Highway 58 As one of several stakeholders including COOT, residents and jurisdiction of Jefferson County, and residents and jurisdiction of Wheat Ridge, we believe that allocation of time and resources to the collaborative determination of a comprehensive plan is appropriate As you know, zoning must be in place within 90 days following annexation of the subject property on 1 March 2005 Our original ODP application and the accompanying traffic impact study included a specific land use proposal to be considered in the Planned Commercial District zoning for the site Based upon the number of comments and expression of concern relative to traffic mitigation measures and tying same to a system wide traffic plan with COOT, it is not feasible to believe that all issues can be worked out and resolved in the statutory window for rezoning of the property Therefore, our request is to modify our earlier ODP submittal for the above referenced site to include only those uses for construction of a water storage facility and mass excavation as provided under the recently approved Special Use Permit for our property There are two separate traffic studies a local traffic study required by the City of Wheat Ridge and a system wide study (known as a "1601 study"), under COOT regulations. We are currently working with COOT to develop a methodology by which we can participate with other stakeholders in the traffic mitigation needs for this area. The methodology will include the 1601 system level study for not only the Cabela's/Coors property but for the entire sub regional area around 1-70 and State Highway 58 It is our intent to align and incorporate into our local traffic impact study the recommendations for mitigation of our development related traffic that are consistent with the system wide set of improvements confirmed and approved by COOT EXHIBIT 1 I Mr Alai C. White Cabela:~Coors Outline Development Plan (ODP) Modification Request 21 Ma~ 2005 Page2 ~ 2 I Postporjing submittal of a complete rezoning and site plan package will allow a reasonable amount -of time ~ tully explore and evaluate the most leasible solution tor traffic improvements in the study area. I Once. have completed the 1601 system level study including public input and jurisdictional reviews~ we intend to subrrdt a comprehensive ODPIFDP application with an updated local traffic iTlpacI ~tudy to the City ot Wheal Ridge. While our timefine in doing so has not been finalized. we anticipat a submitlal 01 an amendment to the ODP in early June 2005, Thank )jou for your consideration of our request. We believe that this change III directlon d~ offer a Qreat deal of benefillo all stakeholders including neighbors 10 our project. Please feel free to call me with any questions, I Cabelal~ ~ Inc. _, Coors Brewing Company Saller family :' _.... ~~ ~ /j~;//) '-;2 /$$' By. \ /~~ ( By: Cabela's Retan Inc. I 4 . -J As owner's representative :1 I/'/t'",~ A/or~ \ ~5'vrc..~ r~/ - I I A/A'C: I I I I I I City of Wheat Ridge In this space there is a large scale map that could not be scanned at this time. Please see the City of Wheat Ridge Clerks office if you would like to see the map. Thank You. INTRODUCED BY COUNCIL MEMBER Council Bill No. 07 Ordinance No. Series of 2005 STITES TITLE: AN ORDINANCE ESTABLISHING PLANNED COMMERCIAL DEVELOPMENT ZONING FOR PROPERTIES LOCATED GENERALLY WEST OF 1- 70, SOUTH OF HIGHWAY 58 AND NORTH OF WEST 32ND AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT. Section 1. Upon applicatIOn by Cabela's and Coors Brewing Company, approval of establIshment of zonIng m Wheat Ridge, Colorado, Case No WZ-05-0 1, for properties located generally west ofI-70, south of Highway 58 and north of West 32nd A venue and based on a recommendation of approval from the Wheat RIdge Planmng CommIssion and pursuant to the findings made based on testimony and eVIdence presented at a publIc hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to include in the Planned CommercIal District zone distnct the followmg described land. - A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 19, THE SOUTHWEST ONE-QUARTER OF SECTION 20, THE NORTHWEST ONE-QUARTER OF SECTION 29, AND THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER QUARTER OF SECTION 30, BEING IN TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF THE SAID NORTHEAST ONE- QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 30, WHENCE THE EAST ONE-QUARTER CORNER OF SAID SECTION 30 LIES SOI001'50"E ALONG THE EAST LINE OF THE SAID NORTHEAST ONE-QUARTER OF SECTION 30, 132079 FEET, THENCE SS90I0'02"W ALONG THE SOUTH LINE OF THE SAID NORTHEAST ONE- QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 30, 1315.31 FEET TO THE WEST LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER, THENCE NOo055'47"W ALONG SAID WEST LINE, 1320.36 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 19; THENCE NOoo07'30"W ALONG THE WEST LINE OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, 913 46 FEET TO THE SOUTHWEST LINE OF THAT SO' WIDE DENVER WATER BOARD EASEMENT RECORDED AT RECEPTION #92130445 IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE, THENCE S89007'31 "W, 57 62 FEET TO A NON-TANGENT CURVE CONCA VE SOUTHWESTERLY HAVING A RADIUS OF 79 I 19; ATTACHMENT 2 THENCE THROUGH A CENTRAL ANGLE OF 15021'56", NORTHWESTERLY ALONG THE ARC OF SAID CURVE 212.]8 FEET, SAID CURVE HAVING A CHORD OF 21 ].55 FEET WHICH BEARS N50055'48"W TO A NON- TANGENT CURVE CONCAVE SOUTHWESTERLY HA VlNG A RADIUS OF 152961 FEET, THENCE THROUGH A CENTRAL ANGLE OF 12049'33", WESTERLY ALONG THE ARC OF SAID CURVE 342.40 FEET, SAID CURVE HAVING A CHORD OF 34169 FEET WHICH BEARS N75038'51 lOW TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1022.23 FEET, THENCE THROUGH A CENTRAL ANGLE OF 10005']6", WESTERLY ALONG THE ARC OF SAID CURVE 17998 FEET TO THE POINT OF TANGENCY, THENCE S87051 '06"W, 17573 FEET, THENCE NOo023'12"W, 174.56 FEET TO THE SOUTH LINE OF THE NORTH ONE-HALF, OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 19; THENCE S89007'3I lOW ALONG SAID SOUTH LINE, 4] 0 63 FEET TO THE SOUTHWEST CORNER OF THE SAID NORTH ONE-HALF, THENCE NOo023'12"W ALONG THE WEST LINE OF THE SAID NORTH ONE-HALF, ] 7] 61 FEET TO A NON- TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 505 40; THENCE THROUGH A CENTRAL ANGLE OF 53002'20", NORTHEASTERLY ALONG THE ARC OF SAID CURVE 467.85 FEET, SAID CURVE HA VING A CHORD OF 451.32 FEET WHICH BEARS N280I3'09"E TO THE POINT OF TANGENCY, THENCE NOI041'59"E, ]41.5] FEET THE SOUTH RIGHT-OF-WAY LINE OF STATE HlGHW A Y 58 AS DESCRIBED IN THAT DOCUMENT RECORDED IN DEED BOOK 2177, PAGE 367 IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE, THENCE N87001'30"E ALONG SAID SOUTH RIGHT-OF-WAY LINE, 2426 47 FEET TO THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER OF SECTION 20; THENCE S00008'] I lOW, ALONG SAID WEST LINE, 796 40 FEET TO THE SOUTHEAST CORNER OF THE SAID NORTH ONE-HALF, OF THE SOUTHEAST ONE-QUARTER OF SECTION] 9; THENCE S89007'3] lOW, ALONG THE SOUTH LINE OF SAID NORTH ONE-HALF, 131903 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST ONE-QUARTER, OF THE SOUTHEAST ONE-QUARTER OF SECTION] 9; THENCE SOoo07'30"E, ALONG THE WEST LINE OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, 382.28 FEET TO THE NORTH LINE OF THAT PARCEL DESCRIBED IN THAT DOCUMENT RECORDED AT BOOK ]992, PAGE 752 IN SAID OFFICE, THENCE ALONG THE NORTH LINE OF SAID PARCEL THE FOLLOWING 3 COURSES I) N89052'30"E, 425 00 FEET, 2) N64057'30"E, ] 77 70 FEET, 3) S89039'40"E, 73] .27 FEET TO THE WEST LINE OF THE SAID SOUTHWEST ONE-QUARTER OF SECTION 20; THENCE N00008'] ] "E ALONG SAID WEST LINE, 7.56 FEET TO THE NORTH LINE OF THE SOUTH 3/4 OF LOTS 2] THROUGH 24, ROXBURY GARDENS, DESCRIBED IN THAT DOCUMENT AS RECORDED AT RECEPTION #09337790 IN SAID OFFICE, THENCE N89001 '07"E ALONG SAID NORTH LINE, 990 43 FEET TO THE WEST RIGHT- OF-WAY LINE OF INTERSTATE 70 AS RECORDED IN THOSE DOCUMENTS RECORDED AT BOOK 1855, PAGE 425 AND BOOK 1952, PAGE 286, THENCE ALONG SAID WEST RIGHT-OF-WAY LINE THE FOLLOWING FOUR COURSES I) SOo04l'53"E, 1005 ]2 FEET TO THE SOUTH LINE OF SAID SECTION 20; 2) SOoo45'49"E, 132] 80 FEET TO THE SOUTH LINE OF THE NORTHWEST ONE- QUARTER OF THE SAID NORTHWEST ONE-QUARTER OF SECTION 29; 3) SOoo43'42"E, 241.50 FEET, 4) S06023'48"W, 82.23 FEET TO THE SOUTH LINE OF LOT 16, SAID ROXBURY GARDENS, THENCE S89024'S2"W ALONG SAID SOUTH LINE, 986.91 FEET TO THE WEST LINE OF SAID LOT ]6, BE]NG THE SAID EAST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 30; THENCE NO] 00] 'SOW ALONG SAID EAST LINE, 323 40 FEET TO THE POINT OF BEGINNING, CONTA]NING 178.217 ACRES, MORE OR LESS Section 2. Vested Property Rights. Approval of this rezoning does not create a vested property right. Vested property rights may only arIse and accrue pursuant to the provisIOns of Section 26-121 of the Code of Laws of the CIty of Wheat RIdge. Section 3. Safety Clause. The CIty Council hereby finds, determines, and declares that thIS ordinance IS promulgated under the general pohce power of the CIty of Wheat Ridge, that it IS promulgated for the health, safety, and welfare of the pubhc and that this ordmance is necessary for the preservation of health and safety and for the protection of pubhc convemence and welfare. The CIty Council further determmes that the ordmance bears a rational relation to the proper legislative object sought to be attained. _ Section 4. Severability. If any clause, sentence, paragraph, or part of thIs Zonmg Code or the applicatton thereof to any person or circumstances shall for any reason be adJusted by a court of competent jurisdiction invahd, such Judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, reqUIrement or standard estabhshed by thIS Ordmance IS found to conflIct WIth SImilar provisions, reqUIrements or standards found elsewhere in the Code of Laws of the City of Wheat RIdge, whIch are in existence as of the date of adoption of thIS Ordmance, the proviSIOns, reqUIrements and standards herem shall supersede and prevail Section 6. ThiS Ordmance shall take effect Immediately upon adoptIOn. INTRODUCED, READ, AND ADOPTED on first readmg by a vote of 8 to ~ on thIS 25th day of Apnl, 2005, ordered publIshed m full in a newspaper of general CIrculation in the CIty of Wheat Ridge and PublIc Hearing and conSIderation on final passage set for May 23rd 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 readmg by a vote of ~ to ~, this 23rd day of May, 2005 ,2005. SIGNED by the Mayor on thIS _ day of ATTEST' Pamela Y Anderson, CIty Clerk ATTORNEY I st PublIcatIOn. April 28, 2005 2nd Publication. Wheat RIdge Transcnpt Effective Date' e: \plann i ng \fofms\ord. frm GRETCHEN CERVENY, MAYOR APPROVED AS TO FORM BY CITY GERALD DAHL, CITY ATTORNEY V,,*n LrvJ-eJ ~r- ~/~?lo~ ~(A\ Board of County commiSSio~~O . Jim Congrove District NO.1 J. Kevin McCasky District No 2 Dave Auburn District NO.3 May 23, 2005 Mayor and City Council City of Wheat Ridge 7500 W 29th Avenue Wheat Ridge, CO 80033 RE: WZ-05-01 and WZ-05-02 Dear Mayor and City Council: Jefferson County is very concerned with the City's proposal to allow the property to be zoned for grading uses which are clearly intended for a commercial use that the City has not considered through a full zoning review and public hearings as required by law and without the necessary attention to all traffic impacts. It is critical that the City not in any way take action which would entitle the applicants to obtain future commercial zoning without addressing and mitigating all traffic impacts generated from the commercial uses to be permitted. The County maintains its position that the zoning approvals of this project should not be done until the resultant traffic impacts can be addressed realistically and the applicant has committed to do the necessary improvements for mitigation of all traffic issues. The County objected to the zoning of the property before the Planning Commission and the County must continue to object. The City's rezoning criteria stresses that uses not be approved unless 1) there are minimal adverse impacts; 2) adequate infrastructure/facilities are available to serve the type of uses allowed or that the applicant will upgrade and provide such where they do not exit or are under capacity; and 3) the change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion. This zoning proposal along with the special use previously approved by the City Council will allow the applicant to begin grading for the commercial uses that the applicant intends to develop on the property. Serious traffic congestion will occur from the commercial development that is proposed by the developer unless the City requires the developer to mitigate all impacts from the commercial development. 100 Jefferson County Parkway, Golden, Colorado 80419 (303) 279-6511 http://jeffco.us The County continues to be gravely concerned about traffic impacts to the surrounding street system and wants these impacts properly mitigated to protect the interests of all Jefferson County residents before activities and uses are zoned which are in futherance of the commercial uses not yet reviewed by the City Council Thank you for your consideration. I can be reached at 303-271-8735. Sincerely, !l~/~ Kate Newman, Planner Jefferson County Attached. Jefferson County letter to Planning Commission Jefferson County letter on traffic issues Jefferson County letter on referral review CC' Randy Young, City Manager Board of County Commissioners Patrick Thompson, County Administrator Nanette Neelan, Assistant County Administrator Board of County Commissioners Jim Congrove District NO.1 J Kevin McCasky District No 2 Dave Auburn District NO.3 April 7, 2005 Wheat Ridge Planning Commission 7500 W 29th Avenue Wheat Ridge, CO 800033 Planning Commission: Thank you for the opportunity to speak on behalf of Jefferson County. Jefferson County is supportive of the economic benefits that a development like this can bring to Wheat Ridge and Jefferson County However, Jefferson County continues to be very concerned about traffic impacts to the surrounding street system and wants these impacts properly mitigated to protect the interests of all Jefferson County residents. The proposed Interim Zoning would allow for grading and preparation of commercial pad sites. This zoning essentially approves, or seemingly entitles, future uses of the property without an approved, or fully evaluated, traffic plan. By approving the grading for commercIal pad sites without holding a public hearing on the specific uses and without having a full review of the traffic impacts from those commercial uses, the City is in effect allowing a rezoning for those commercial uses. To the County's knowledge, the draft traffic study has not provided eVIdence that the resultant traffic can be addressed realistically. The County is concerned that approvmg a grading use- allowing the preparation work for commercial pad sites- is allowing future uses and creating traffic problems that mayor may not be addressed in the traffic study. Our real concern is traffic. Usually road capacity dictates the size and type of commercial uses. In this case, the grading uses would allow grading for an unlimited amount of commercial uses without any review of traffic impacts from those future commercial uses; without any assessment of the feasibility of these improvements; and without any commitment from the property owners to make necessary traffic improvements. 100 Jefferson County Parkway, Golden, Colorado 80419 (303) 279-6511 http://jeffco.us The county does not want the gradmg work, or the prepared pad sites, to lImit or preclude addressing the full traffic impacts from those commercial uses. Without a full study of the traffic impacts and the opportunity for the County and the public to comment, the County recommends that only the water storage uses be permitted at this time, Zoning for commercial uses, and gradmg that seemmgly entitles future commercial uses, should be postponed untJ! the roadway capacIty issues are addressed and resolved. Thank you for your consIderation Sincerely, ~ Kate Newman for Jefferson County Attached: Jefferson County traffic issue letter Board of County Commissioners March 15, 2005 Jim Congrove District NO.1 J. Kevin McCasky Distflct No 2 Dave Auburn Dlstnct No 3 Mark Nienhueser Facilities Construction Manager Cabela's One Cabela Drive Sydney, NE 69160 RE. Cabela's Traffic Impact Study, January 28, 2005, Wheat Ridge, Colorado Dear Mr Nienhueser, Jefferson County has reviewed the traffic impact study prepared by Felsburg Holt & Ullevig regarding the proposed Cabela's and related development in Wheat Ridge, Colorado As we have expressed verbally, we continue to be very concerned about traffic impacts to the surrounding street system and feel very strongly that these impacts should be properly mitigated to protect the interests of all Jefferson County residents For over a decade, we have worked with the Colorado Department of Transportation (COOT) to secure funding for the SH58/1-70 interchange since the interchange's full movements were never completed Specifically, the two incomplete movements are the eastbound SH58 to westbound 1-70 and the eastbound 1-70 to westbound SH58 These improvements are necessary to alleviate the existing regional traffic traveling on local roads such as 32nd Avenue. Currently, your traffic study assumes improvements to SH5B/I-70 interchange will be in place to address the increased traffic created by your development. The funding, however, has yet to be identified to ensure these improvements will occur We stand firm - improvements such as completion of SH58/170 interchange as well as other arterial improvements must be constructed prior to the opening of Cabela's, In general, it appears thai the traffic impacts associated with the proposed development have been quantified and that the consultant has prepared one concept for traffic mitigation to address the impacts of increased traffic, The proposed traffic plan identified in your study must meet the traffic demands in the area, and since your plan does not include the total traffic anticipated in the area. we do not concur that your plan is adequate to address the future traffic demands. See attached specific comments. Jefferson County's interests include . Preserving the residential community surrounding the development. This includes no degradation on their ability to move with ease in and out of the neighborhoods and to T:1inimize congestion at intersections that are impacted by the proposed development. In addition, minimize any cut-through traffic from the proposed development through the neighborhoods, 100 Jefferson Co~nty Parkway. Gulden, ColoradD 80419 (303\ 279-6511 Mark Nienhueser, Facilities Construction Manager RE. Cabela's Traffic Impact Study, January 28, 200S, Wheat Ridge, Colorado March IS, 200S Page 2 . Encouraging a successful traffic plan for Cabela's and the ancillary development. This includes a financing plan and actual construction for the necessary improvements prior to the opening of Cabela's and other future phases of development; . Ensuring that the proposed construction does not limit the future design and construction opportunities including but not limited to the ramps at SHS8/1-70 interchange, Ward/I-70 interchange, SH-S8/Mclntyre Interchange and the related intersections of Mcintyre/frontage road and Mcintyre/44th, 32nd Ave/Youngfield intersection and lastly the Cabela Drive/32M Ave intersection, and . Encouraging traffic to use the transportation facilities that were designed for the specific uses These goals should be discussed as part of a collaborative process whereby numerous options should be considered The study is a good starting point; however, we believe that additional concepts should be considered to include goals of the community Attached are some initial concepts that we derived out of feedback from the community and would encourage you to consider Of particular note is a concept that embraces two major alternatives for Cabela Drive/32nd Ave intersection This concept includes a direct off ramp from 1-70 to Cabela Drive located on your property, and a realignment of Cabela drive and 32nd Ave that encourages the traffic related to the development to utilize Cabela's Drive Furthermore, we plan on participating in COOT's 1601 process and we will remain open minded to discuss numerous concepts and designs that will enhance traffic movement into Cabela's while at the same time protecting the character of our residential neighborhoods. Additional comments regarding additional general and specific items included on the traffic impact study are attached If you have any questions or comments please call me at (303) 271- 8475 ~21L Nanette Neelan Assistant County Administrator NN/s11 Attachments cc: Board of County Commissioners/County Administrator Pam Hutton, COOT Region 6 Director Christopher Fasching, Felsburg Holt & Ulevig Tim Parento, Director. PubliC Works, City of Wheat Ridge Kevin French, Trafflc/Transportation Engineer General Traffic Impact Study Comments Jefferson County March 10, 2005 Improvements to the state highway system have not been approved by the appropriate review agencies We understand that the improvements will be considered as part of the System Level Feasibility Study We need to be assured that the traffic mitigation plan is feasible and will be approved by the appropriate agencies before Jefferson County will feel comfortable with the results. . Improvements are very comprehensive and will require a significant amount of construction time-after shown feasible and approved. We need to be assured that improvements are in place to mitigate traffic impacts of proposed developments prior to opening 32nd Avenue from Cabela Drive to Youngfield Street is the gateway to the unincorporated Jefferson County communities west of Interstate 70 This segment is of grave concern to us and must be carefully evaluated so that we can assure that traffic conditions will not deteriorate because of proposed development traffic. Improvements should discourage the use of 32nd Avenue through the Applewood community Jefferson County would like the development team to review the possibility of realignment of 32nd Avenue/Cabela Drive intersection so that traffic to/from Interstate 70 is directed to Cabela Drive . . In the past, Jefferson County in conjunction with Urban Drainage and Flood Control District, Coors and the City of Wheat Ridge developed a regional plan for drainage Through this process, Coors was adamant the current Applewood Golf Course not be part of the solution because of future land development opportunities We encourage Felsburg Holt and Ullevig consider a land use other than golf course Our staff will be happy to work with the consultants to develop a land use scenario for consideration. The proposed zoning of the entire project is approximately twice the level of development that is shown in the traffic study There are no guarantees that the land will not be developed to the zoning Therefore, traffic should be the limiting factor to the development on the site and some mechanism within the City of Wheat Ridge process should guarantee this nexus Improvement of the Mcintyre/frontage road intersection should have additional spacing between the ramps and the intersection We are very concerned with the proposed traffic circle in close proximity of both intersections and the high truck traffic that must travel through these intersections Please consider other design options Specific Traffic Impact Study Comments Jefferson County, Highways & Transportation February 23, 2005 1 Figure 3, Page 7 Daily traffic volumes for 32nd Avenue should be shown east of and west of Eldridge Street. These volumes should be shown on all related traffic volume figures 2 Table 1, Page 11 Traffic study uses reduced trip generation rates for the Cabela's development based on the specific trip making characteristics of typical Cabela's stores. Information should be provided to support these trip generation rates 3. Page 33, Figure 17 Study indicates a fairly substantial redirection of traffic from 32nd Avenue to the new Cabela Drive intersection of approximately 20 percent This combined with redirection of traffic associated with new 170/SH58 ramps results in a substantial decrease in traffic on 32nd Avenue even with the future development traffic. Will the segment of 32nd Avenue from Cabela Drive to Youngfield Street still operate at acceptable levels of service if a smaller amount of traffic is diverted to Cabela Drive or if the planned 170/SH58 ramps are not constructed? 4 Figures 22,23 on pages 40, 41 Individuallevels-of-service for movements at the signalized intersections should be shown This note applies to all figures that show signalized intersection levels-of-service In addition, theoreticai and actual application of signal timing plans are not always the same. We are extremely concerned with the assumptions for signai timing at the 32nd Ave/I-70 interchange and with the 32nd/Youngfield intersection The intersections are so closely spaced that small changes in the timing plan and/or traffic demand will easily cause the entire area to fail 5 Figure 26, page 48 Level of service C is depicted for the intersection of 44th Avenue/Ward Street in the future with development traffic. Existing level of service is F and there are no improvements specific to this intersection 6 Section E, page 57 There is a detailed discussion of the impacts to 32nd Avenue and it shows that traffic volumes will be lower in 2025 than they are today even with typical growth and project traffic The lower volumes are due to redirection of traffic to the 170/SH58 ramps and to Cabela Drive This analysis should be very carefully reviewed as it will be scrutinized by the public Specifically 140 of 830 (17%) are diverted to the EB SH58/WB 170 ramp in 2007 and 380 of 1,120 (34%) are diverted to the new ramps in 2025 In addition to this, 160 of the 790 (20%) is shifted to Cabela Drive in 2007 7 Page 60 A two-lane roundabout is recommended at the Mcintyre SUSH 58 eastbound ramps/Cabela Drive intersection This should be very carefully considered given the high number of trucks associated with Coors and the 44th Avenue industrial area that use the intersection 8 Proposed improvements at the 32nd P"venue/Alkire Street intersection should consider traffic safety for school-aged pedestrians associated with Maple Grove Elementary School and the Manning School Board of County Commissioners Jim Congrove District No.1 J Kevin McCasky District No.2 Dave Auburn District No 3 March 30, 2005 Alan C White, Director Community Development Department City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80033 Dear Mr. White: Thank you for the referral on the Cabela's Interim Official Outline Development Plan, Final Official Development Plan, Final Development Plan and Subdivison Filing no. 1- Case Number WZ-05-01lWS-05-01. As you know, Jefferson County remains concerned about the traffic impacts of the proposed rezoning. We are also concerned about the potential impacts from some of the proposed uses on the pre-existing homes in unincorporated Jefferson County Also, many of the development standards do not adequately mitigate impacts on the residential uses and the Clear Creek Trail. See attached for specific comments. If revisions are made to any of the items sent on referral, please send it to Jefferson County for review prior to the Wheat Ridge Planning Commission and City Council Hearings. Please contact me at 303-271-8475 if I can be of further assistance. St;"Cj Tim Carl Director of Planning and Zoning Cc: Nanette Neelan, Jefferson County Mike Palumbo, Project One Mark Kieffer, Norris Dullea 100 Jeffe,son County Pa'kway, Golden, Colorado 80419 (303) 279-6511 http://jeHco.us N Jefferson County Referral Responses ~~ ~~ \' /~~ ) ......eo I 0 Development Standards 0 It"'\) Parcel numbering needs to be corrected- it should be consistent between all documents Parcels 5, 6, and 7 are not labeled on the ODP, yet there are setbacks stated in the development standards. In the event that the right-af-way along the north property line between the Cabela's and the TMAC is not vacated, the side and rear setbacks should be increased by 20 feet to allow a buffer from the roadway and the new structure. _ The building setback for uses adjacent to existing residential uses should be 50 feet. A 30 foot setback for parking or drive areas should be established. A 6 foot buffer as permitted in 26-502E is not sufficient. _ Additional setbacks should be provided for Coors Parcel 3 and Coors Parcel 28 to allow solar access to the Clear Creek trail. A fifty foot building will create ice build up on the trail, especially from Coors Parcel 3. Four sided architecture should be required (rather that encouraged) for areas adjacent to existing residential uses and existing or new trails. Screening of trash dumpsters should be required. Reflective glass should be prohibited, especially in areas adjacent to roadways, existing residential uses and existing or new trails. Lighting standards should be stricter in areas adjacent to existing residential uses. - The placement of signs should not be visible from existing residential uses. There should be a six foot setback lor any solid fencing along existing or new trails to allow solar access. Landscape standards are not sufficient to buffer existing residential and trails uses, Roof mounted mechanical equipment should be screen in areas adjacent to the existing residential uses. The elevation of the proposed pad sites are below the existing homes. Final Development Plan Lot 7, Water Storage Facility Jefferson County Referral Responses Is there enough room between the fence and the south property line for a trail? Jefferson County would like to explore the option for a secondary trail connection from 32nd Avenue. What type of fence is proposed? What is proposed to mitigation sound from the pump house. Future recreational users and existing residential uses may be affected by the pump house sound. - The wall mounted light at the maintenance facility should not be directed towards the residential area. Final Development Plan Cabela's It appears that a portion of the drive area or curb extends into the 20' roadway and ditch/utility easement along the north side of the property. If the roadway is not vacated, the drive area should be relocated outside the easement. Area 4 shows an access onto the new road under 40th Avenue. Is there enough distance between the frontage road/underpass intersection and this proposed access? What type of mosquito and erosion control measures will be undertaken for the detention pond adjacent to the animal shelter? Will there be fencing along the northern property line? Will the existing fencing be removed? Subdivision Filing NO.1 CDOT may require additional right-of-way from Lot 10 ITEM NO: '3 l REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: May 23, 2005 TITLE: REQUEST FOR APPROVAL OF A FINAL DEVELOPMENT PLAN FOR PROPERTY LOCATED WEST OF 1-70, SOUTH OF STATE HIGHWAY 58, AND NORTH OF W. 32ND AVENUE (CASE NO. WZ 05-02) o PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: _) D ORDINANCES FOR 2ND READING Quasi-JudIcial: o Yes D No d~ !I1L ~o~ City Man~ - Community Development DIrector EXECUTIVE SUMMARY: Coors Brewmg Company IS requestmg approval of a Final Development Plan. The property is located wIthin parcels of land recently annexed into the City of Wheat Ridge, located generally west ofI-70, south of Highway 58 and north of West 32nd Avenue. The property is approximately 28.62 acres in sIze. The requested approval IS for the purpose of constructmg a new water storage reservoir on the subject parcel. The reservOIr will be a private water storage facilIty with no public access. Water storage IS an allowed use on the Outline Development Plan. Planning CommISSIOn recommended approval with a recommendation that the landscape plan be modified to replace some invasive and non-drought tolerant species. The applicant has made these changes to the landscape plan. Approval of this request IS a first step in implementing Council's strategic goals of a) preparing for growth and opportunities and b) developing the 1-70 Corridor as a major commercial center. " COMMISSIONIBOARD RECOMMENDATION: Planmng Commission at a public heanng on April 7, 2005 recommended approval The approval included a recommendation that the landscape plan be modified to exclude invasive and non-drought tolerant species. These modifications have been made to the landscape plan. STATEMENT OF THE ISSUES: Creating the water storage reservoir IS part of the reclamation plan approved by the State for this property several years ago. Approval of this final development plan will enable the applicant to implement the reclamation plan. AL TERNA TIVES CONSIDERED: Do not approve the plan. FINANCIAL IMPACT: The City received a one time fee for the land use application. There will be minimal financial impact to the City as a result of approving this plan. The property will generate some property tax. Costs to the City will primarily be from responding to any emergencies that may arise on the property. RECOMMENDED MOTION: "I move to 1 ~ ~~_ Case No WZ-05-02, a request for approval of a Final Development Plan for property located generally west of 1-70, south of Highway 58 and north of W 32nd Avenue, for the following reasons: 1. The Final Development Plan is in conformance with the Outline Development Plan. -- 2. The Final Development Plan meets the criteria in Article ill of Chapter 26 of the Code of Laws pertaining to final development plans." Or, "I move to recommend denial of Case No WZ-05-02, a request for approval of a Final Development Plan for property located generally west of 1-70, south of Highway 58 and north of W. 32nd Avenue, forthe following reasons. 1. Report Prepared by: Alan White Attachments: 1. Staff Report with Exhibits. l:\Cabela's\Coors FDP\Coors FDP CC CAF.doc 2 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO' City Council CASE MANAGER. Alan White CASE NO. & NAME. WZ-05-02/Coors DATE OF MEETING May 23, 2005 ACTION REQUESTED- A request for approval of a Final Development Plan. LOCATION OF REQUEST Parcels of land west ofI-70, south of Highway 58 and north of West 32nd A venue APPLICANT (S): Coors Brewing Company OWNER (S): same APPROXIMA TE AREA: 28,62 acres PRESENT ZONING Planned Commercial Development COMPREHENSIVE PLAN Community Commercial (CC) ENTER INTO RECORD: ( ) (X) ( ) COMPREHENSIVE PLAN ZONING ORDINANCE SUBDIVISION REGULATIONS (X) (X) CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION - I , I Subject Parcel .._-~ ..... , incorporated efferson County o City Council WZ-05-02/Coors ATTACHMENT 1 Jurisdiction All notIfication and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Coors Brewing Company is requesting approval of a Final Development Plan (Exhibit 1, Letter of Request). The property is located within parcels of land recently annexed into the City of Wheat Ridge, located generally west ofI-70, south of Highway 58 and north of West 32nd Avenue. The property is approximately 28.62 acres in size. II. CASE ANALYSIS The property was annexed into the City of Wheat Ridge on February 28th along with an additional 169 acres of land west of 1-70 between highway 58 and West 32nd A venue. This particular portion of property is owned by Coors Brewing Company The applicant wishes to construct a new water storage facility on the subject parcel. Water storage is an allowed use on the Outline Development Plan. III. FINAL DEVELOPMENT PLAN The Final Development Plan shows the development of the water storage facility (Exhibit 2, FDP). There are no criteria for review with Final Development Plans, as would be found with rezoning requests. The Final Development Plan must be consistent with the approved Outline Development Plan and comply with the established development standards. The following chart details the requirements of the ODP, and the provided standards in the FDP. Development Standard ODP Requirement Provided Building Coverage 400 square feet 400 square feet Building Height 25 feet maximum 10 feet Setbacks Front - 50 feet Front - 60 feet Side & Rear - 10 feet Side 100 feet (west) and 670 feet (east) Rear-l,170 feet Landscaping Minimum 20 % of lot - 34.3% of lot specific quantities as shown on the FDP See Section 26-502 for additional requirements Exterior Lightmg See Section 26-503 of the Complies with Sec 26-503 Wheat Ridge Code of Laws Parking One parking area identified on One parking area identified for the FDP- for occasional occasional parkmg of parking of maintenance maintenance vehicles only vehicles only Fencing Maximum 6 feet in all areas - 6 foot chain link fence no barbed wire allowed - Access City Council WZ-05-02/Coors One access pOInt has been provided from the north. ThIS access pomt will be gated, and not accessible to the general public. The access point IS provIded for maintenance vehicles. There is a small parking area located adjacent to the pump house. Planning Commission recommended approval with a recommendation that the landscape plan be modIfied to replace some invasive and non-drought tolerant species. The applIcant has made these changes to the landscape plan. IV. AGENCY REFERRALS The proposal was referred to all adjacent jurisdictions. The Community Development Department did receive comments regarding the water storage facihty from Jefferson County. The referral inqUIred about the possibIlity of a pedestrian trail around the perimeter of the water storage facIlIty. The applicants have stated that for security and liability purposes, this would not be a viable option. The Jefferson County referral also commented about impacts of noise and light generated from the pump house with respect to the residential properties to the south. The pump house is over 1,110 feet away from the closest residential property There should be minimal impact to the residential properties. V. STAFF CONCLUSION & RECOMMENDATION: Staff concludes that the proposed Final Development Plan is consistent with the Outline Development Plan and complies with the established development standards. Requirements of a Final Development Plan have been met. Staff recommends approval. - City Council WZ-05-02/Coors .. - [j\ rB'" Coors Brewing Company Golden, Colorado 80401-0030 January 31, 2005 Alan WhIte, DIrector Commumty Development Department CIty of Wheat RIdge 7500 West 29th Avenue Wheat Ridge, CO 80033 SubJect: Final Development Plan - Letter of Request Dear Mr White, ThIS Letter of Request IS submItted to you as part of the Final Development Plan (FDP) for Lot 7 of the Cabela' s / Coors Subdivision No.1, located north of 32nd A venue and west of the Y oungfield Service Road. The ODP for this subdivision IS bemg submitted SImultaneously WIth the attached FDP materials. Lot 7 will be used for untreated, raw water storage and limIted-access, pnvate recreation. The reservOIr WIll be created by excavatIOn of matenal m the Denver FormatIon bedrock, common throughout the Denver area. The excavated matenal WIll be used for mass gradmg of several adjacent lots WIthin the Cabela's / Coors SubdIviSIOn No I. ThIS excavatIOn IS wlthm an area whIch IS part of a pendmg annexatIon process and SpeCIal Use Permit applIcation before the CIty of Wheat RIdge. The proposed reservOIr, whIch we are calling Lake B-5, WIll SIt on the Coors-owned 28 617-acre Lot 7 of the subdIviSIOn. The lot lInes, reservOIr configuratIOn, landscapmg, fencmg and mmor buIldmg detmls are depIcted on the attached drawmgs, submItted as part ofFDP applicatIOn, prepared by GraywolfStudlOs. The reservOIr will hold water stored under a vanety of decreed water storage and augmented water nghts owned by Coors BreWIng Company The reservOIr wIll have a maxImum capacIty of about SOO acre-feet, with a normal water surface elevatIOn of 5447 and water depth up to about 70 feet. ReservOIr SIde slopes below the normal water Ime WIll be 3 I Water to fill the reservOIr wIll flow through eXlstmg Clear Creek surface water dIverSIOn and carnage structures, and reservOIrs located on Coors property, extendmg west from Lot 7 for nearly 4 mIles. Uses wlthm Lot 7 wIll be pnmarily for untreated, raw water storage. The reservOIr Will be lIned and eqUIpped WIth penmeter mterceptor draInS to exclude tributary water from entenng the reservOIr and commmglmg WIth our decreed water nghts, As a water storage reservOIr, the water surface may vary m elevatIOn dunng certam times of the year and EXHIBIT 1 from year to year, dependIng upon the availabilIty of water nghts to replemsh the lake or uses made of the water We antIcIpate the reservOIr will contam an aeration system to manage water qualIty While Lot 7 IS about 28 6 acres, the reservOIr surface WIll be about 20 acres, leaving an area of va no us Widths between the water surface and boundary of Lot 7. The perimeter uses WIll include an unpaved service road, slopes of about 4: I transitlOnmg from penmeter roadway downward to the water surface. The perimeter wlll contam dnp Imgated tree and shrub matenals along wIth dry land grasses and shrubs. The eastern shore lIne will be treated wIth rock nprap to prevent erosIOn. A flood channel WIll be constructed along the western penmeter to accommodate offsite, regIOnal storm water flows. The only structure wlll be a small (less than 400 square feet) maintenance bUIlding located m the northwest corner of the lot. Access to the reservOIr wlll be through adJacent Coors-owned property located west and north of Lot 7 We anticIpate there WIll be a lImIted amount of pnvate, access-controlled, recreatIOnal use made of the reservOIr water surface and surroundmg penmeter Access wlll be through a lImIted "beach area" along the north shore, WIth more gradual slopes than elsewhere around the penmeter Also, a small, smgle lane boat ramp wJ!1 be installed to allow boat access to the reservoir surface for mamtenance and lImIted recreational purposes. Only lImIted recreatIOn will be allowed on the reservOIr because thIS facilIty will be "termInal" water storage - the final pomt of detentIOn just pnor to the end use of the water, which wlll Include human consumption. If you have questIOns, please call me at 303.277.2028 - ITEM NO' Lt; REQUEST FOR CITY COUNCIL ACTION ~; ~.' .'!J; ....., -- :"":,':' <. ;,0"'_"", ~'.",. ~ COUNCIL MEETING DATE: May 23, 2005 TITLE: COUNCIL BILL 05-2005 - AN ORDINANCE AMENDING SECTION 2-53 (d) OF THE WHEAT RIDGE CODE OF LA WS PERTAINING TO VOTING RULES FOR THE BOARD OF ADJUSTMENT (CASE NO. WCA 05-01) [8J PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date April 11, 2005) [8J ORDINANCES FOR 2ND READING Quasl-J udicml D Yes [8J No - ~!JtiL Community Development Director 6~~r~ City Manag EXECUTIVE SUMMARY: '< This pubhc hearing was continued from may 9, 2005 in order for the City Council to meet with the Board of Adjustment at a study session to discuss the proposed ordmance. ThIS ordinance 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 ordinance changes this requirement to a simple majority vote. This proposed ordInance helps achIeve the goal of being prepared for growth and opportunitIes as it alters the standard used in decision making by the Board of Adjustment. COMMISSIONfBOARD 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 votmg 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 variance 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-l zone district cannot request a variance to build a car wash on their residential lot. The Community Development Department has had variance cases m 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 majority vote. At the study session it was discussed that absences and needing the full eight members appointed possibly contributed to the voting difficulties. It was discussed that in the past an alternate member was appointed and maybe thIS practice should be reinstituted. It was also discussed that there are many old provisions in the Code and perhaps it is time to look at changes to bigger picture items such as development standards (setbacks) and the vanance critena. AL TERNA TIVES CONSIDERED: Do not amend the voting requirements. FINANCIAL IMPACT: There is no financial impact to adopting this ordinance. RECOMMENDED MOTION: "I move to approve Council Bill 05-2005 on second and that it take effect 15 days after final publication." Or "I move to table indefinitely Council Bill 05-2005 for the following reason(s) 1. Council and staff will have a better understanding of needed zoning code revisions once the Neighborhood Revitalization Strategy is completed. 2. Denial by the % majority vote has affected only about 10% of the cases over the past 4 Y2 years. 3. ApplIcants denied by faJlure to receIve a % majonty vote have not voice their concern for the votmg rule nor have they requested the Council pursue a change to the current rules. 4. There is no compellmg reason to amend the votmg reqUIrements at thIs time. Report Prepared by: Alan White, Commumty Development DIrector Attachments: 1 Study Session handout from Board Member Tom Abbott 2. Council Bill No 05-2005 050523 CAF 2nd reading BOA Yoting - May 16,2005 SUPER MAJORITY VOTE FOR APPROVAL, BOARD OF ADJUSTMENT The Board of Adjustment works as a deSignee of the City Council. It would seem logIcal that the Council would expect that their deSIgnee to be conservatIve in the vanance of their previously conSidered, and voted upon, ordinances Therefore; It would seem reasonable that a CitIzen or busmess entIty would be required to convmce a super-majority of the designees that a reasonable exception to the ordinances can be made. 2 The Citizens should be able to rcly upon an expectation of substance and normalcy WIthin their government controlled environment. As to that; they should be able to expect that an ordmance passed upon by their elected offiCials wIll not be easily vaned by elected offiCial's appomted designees 3 PublIc dissatisfactIOn IS mlmmal regarding the long prevallmg super maJorit} rule, and IS overwhelmmgly confined to appellants who have not prevailed. A more broad-based outcl), from effected parties, ma} be generated b} a lessemng of the votmg rule reqUIrements, as outlmed in Items #1 and 2. 4 BOA approvals run WIth the land, not the appcllant. The actiVity vaned is not likely reversiblc - The pnmary test for approval of a vanance request IS the demonstration by the appellant of the eXistence of a "hardshIp" created by the ImpOSItIon of the ordinance. If a hardship IS adequatcly demonstrated to the Board, then other consIderatIOns such as' neighborhood objections or approval ofthe request, negatIve impacts upon traffic, proVIsion for air and light, dramage, accommodatIon for a disability, general Improvement to the neighborhood, etc. comc mto play Without the demonstration of a slgmficant hardship being addrcssed by the vanance, to a level acceptable to a supcr maJority of the Board, It is my opmion that the CIty Attorney and prevIous Councils have opmioned agamst vanance This advice has been in general terms; allowmg flexibilIty and interpretatIOn to the Board in determmmg the validity and applIcability of the hardship as put forth by the appellant. None the less, the hardship tcst remams pnmary It has been my expenence on the Board of Adjustment, that a super-majority vote for approval of a vanance request IS generally achievable, for a request that IS logical, reasonable, and that addresses a slgmficant and demonstrable "hardshIp" WIthin the parameters of the appellant's SItuation, In vanance requests where the hardshIp is not demonstrated Significantly, two outcomes occur The vanance request achieves a simple maJonty m favor but not a super-majonty and therefore fails. And much more commonly, the request achieves less than a maJonty in favor and thereby fails. Therefore; applIcation ofa simple maJonty as the standard for vanance approval will only change the outcome of a few very margmal cases. Very margmal m the sense that the argument(s) made for hardship were not convmcmg or substantIal enough to allow a super maJonty of the Board members to vote for approval, wlthm the flexibilIty allowed them. If It IS the deSire of the City Council to lower the bar for votmg approval of vanances by the Board of Adjustment, one area comes to mmd. SpeCIfically related to "setback" reqUIrements; I would suggest a lessoning of the "hardship" hurdle, and a broadenillg of the ordinance language related to "setbacks" Tms could go a long way ill allowmg the citIzen or busilless entity to lessen the demonstrable hardshIp needed wlthm theIr argument, and allow the Board to focus more pnmarily upon the "Reasons" and "ConditIOns" of a vanance applIcatIon. This would allow commumty standards to prevail, without SItuatIOns proVIding little or no commumty benefit being reqUIred to contmue. Tom Abbott Member, Board of Adjustment ATTACHMENT 1 INTRODUCED BY COUNCIL MEMBER DITULLIO Council Bill No. 05 Ordinance No. --1li3 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) All matters requiring decIsion by the board of adjustment (or for any matter requmng decISIon by the planning commIssIon or the CIty council under SectIOn 26-115 C.2 of the Zoning Ordinance of the city) shall be taken by maJority vote of the members present. - Section 2. Safetv 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 pub!Jc and that thIS ordInance is necessary for the preservation of health and safety and for the protectIOn of public convemence and welfare. The CIty CouncIl further determines that the ordInance bears a rational relation to the proper legIslative object sought to be attamed. Section 3. Severabihty; ConflictIng Ordinances Repealed. If any sectIOn, subsectIOn or clause of thIS ordinance shall be deemed to be unconstitutional or otherwise invalId, the valIdIty of the remammg 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 ordmance shall take effect 15 days after final pubhcatIon, INTRODUCED, READ, AND ADOPTED on first readmg by a vote of ~ to ~ on this ~day of April, 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 May 9, 2005, at 7'00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat RIdge, Colorado Council Bill 05-2005, Ordinance 1343, continued to May 23, 2005. ATTACHMENT 2 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 I st PublIcatIOn. April 14, Z005 2nd Publication. Wheat Ridge Transcript Effective Date. - To: Wheat Ridge City Council =' tstv!bf-1'J el+ 1)'5(;;~;/() Ce VV",o , ( Pi ( . VVl<-&t1'~ From: Paul Drda Re: Board of Adjustments (BOA) Super majority Voting Issue (May, 2005) May 18, 2005 In our March, 2005 meeting the Board of Adjustments revIewed and discussed the proposed BOA super vs. sImple maJority votIng rule After a lengthy discussion the Board unanimously agreed m favor of the current super-majority rule. I assume that message has been relayed to you. Though I am the current chairman of the Wheat Ridge board of adjustments, the remainder of this memo is from me personally and not from the BOA as a whole. As you prob~bly know the Board of Adjustments IS a quasi-Judicial body that rules on variance requests covenng a vanety of issues such as the following. . Building to lot line setback mmimums . Vehicle and RV laws/restrictions . Fence and bUlldmg height restrictIOns . Lot size and dwelling unit densitIes . Commercial parking space minimums . Commercial sign heIght and size issues According to DRCOG (Denver Regional Council of Governments) the majority of Colorado BOAs implement a supermajority voting rule for vanance approvals. Wheat RIdge currently requires a 75% majority, and Jefferson County requires an 80% maJority I belIeve your decision should include a careful consideration of the following issues... ]) Glvmg more vs. less weight to the City's Code of Laws (Rules vs. Guidelines) 2) Promoting more dIverSIty vs. more consistcncy with city zoning and code. 3) Whether variance approvals should be based on "proof of hardship" (A Why vs. Why Not test) A SUPER MAJORITY STANDARD... I) Will result in fewer variances making V1e Wheat RIdge governing documents (Comprehensive Plan, Zomng, Code of Laws, etc.) more law-likc 2) Promotes a community that is more consIstent with future and current zoninglbuilding codes. 3) Advances the concept of a "Why" test for variance approval. A compelling hardship must be found supportmg the argument of why the applIcant should be allowed to go agaInst Wheat Ridge code of law A SIMPLE MAJORITY STANDARD... I) WIll result in more variances and rcnders the governIng documents more guideline-like. 2) Promotes/allows for more pcrsonal individuality/diversIty from current and future zoninglbuilding code. 3) Advanc;es a "why not" test for vanance approval. The current hardshIp (why) test will be deemphaslzed leading to more of a "why not" approval standard. Thanks for reading thIS and thank you for your time. commitment and contribution to our great commul1Ity. Paul Drda C:c' l "'"~ -lt~d ~, (", AH,H (t + i~, ( " (, "'!l' t..... - l.. '\tYl" ,.-, \ ~ ((( ~ t, rJ'" ,- i " ,,; I ,~ : - I U) May 23, 2005 SUPER MAJORITY VOTE FOR APPROVAL, BOARD OF ADJUSTMENT I am speakmg for retention of the current "Super MaJOrIty" voting rule for the Board of Adjustment. The Board of Adjustmcnt works as a designee of the Clt) Council. It would seem logIcal that the CouncIl would cxpect that theIr deSIgnee to be conscrvatlve 111 thc variance of theIr prevIOusly consldcrcd. and votcd upon. ordinanccs Thcrcforc: It would seem reasonable that a CItIzen or busll1ess entlt) would be rcquircd to convincc a super-ma.lont\ ofthc dcsignces that a rcasonable exceptIOn to the ordmances can be made 2 Thc cltlzcns should bc able to rei) upon an cxpectatlOn of substance and nonnaley withm theIr government controllcd cnvlronmcnt. As to that: thc) should bc ablc to expect that an ordmancc passed upon b) their elected offiCIals \\111 not be easIl) vaned by clectcd offiCIal's appOInted dcslgnccs. 3 Public dIssatisfactIOn IS mll1lmal regarding the long prevaIlmg super maJority rule. and IS ovcrwhelmmgl) confincd to appcllants who havc not prcvailed. A morc broad-based outcl), from partIes by vanances may be generated by a lessel1lng of the votmg rule reqUirements, and thcrcforc an 111crcasc m vananccs BOA approvals run WIth the lalld, not thc appCllallt. Thc actiVIt\' vaned IS not likelv reversible . . 4 The rulings of the Board of Adjustment are quasI-JudicIal. Unlike other Boards and CommIssIons, the route of cItIzen appeal IS through thc Distnct Court. It is my belief that the court IS more likely to give value to the deCISIon of a supcr majont) makmg a ncgatIvc motIOn, ovcr a sImple one Related to thc Issue of a simple majonty allowmg for a smaller numbcr of Board members to be present: It IS anomalous, not normaL for thc Board to be fully staff cd ovcr the long tcrm. The CouncIl must slmpl) find ways to kecp the Board fully staff cd and allmcmbcrs actIve Onc way bcmg discussed IS to rcmstltute the use of "alternate" members I feel that the ma.lonty ofthc Board feels that this may be helpfuL although other alternatives such as rcmovmg the "2 from each Dlstnct" rule, or allowmg persons from other boards and commIssions to fillm as "alternates" should also be consldcrcd. If it is the deSIre ofthc City Council to lower the bar for voting approval of vanances by the Board of AdJustment. one other arca comcs to mmd. Spcclfically related to "setback" reqUIrements, I would suggcst a broadenmg wlthlll thc dcfil1ltlOn of "hardship ", such as the current "betterment wltlun the communit)" and "accommodatIOn for a person WIth disability" critena, and creatIOn of more neIghborhood speCIfic language related to "sctbacks" Thcsc changcs could go a long way towards allowmg thc Board to focus morc pnmarily upon the "Rcasons" and "ConditIOns" of a varIance application. 111 a performance manner rather than a prcscnptIve manner ThIS approach would allow commul1lty standards to contmue to prcvaiL Without SItuatIons provldmg little or no commul1lty benefit bemg reqUlrcd to continuc by prescnptlOn, thiS to thc partIcular bcncfit of no onc. Tom Abbott Mcmber. Board of Adjustment ITEM NO' 5" J REQUEST FOR CITY COUNCIL ACTION C '~f""', C~ ~[un COUNCIL MEETING DATE: May 23, 2005 TITLE: COUNCIL BILL 10-2005: AN ORDINANCE ADOPTING MANDATORY MINIMUM PENALTIES FOR VIOLATING THE VEHICLE INSURANCE PROVISIONS OF THE MODEL TRAFFIC CODE, AS ADOPTED BY THE CITY, AND AUTHORIZING THE RETENTION OF FIFTY PERCENT OF SUCH COLLECTED PENALTIES AS AUTHORIZED BY LAW. D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS [8J ORDINANCES FOR 1ST READING (Date: May 23,2005) D ORDINANCES FOR 2ND READING - Quasi-Judicial. D Yes /l j ~J JJ;! -L,/ abdfr;/}{! Deputy City Manager 1/ [8J No ~U0% City Ma er EXECUTIVE SUMMARY: The City of Wheat Ridge has adopted the Colorado Mumclpal Traffic Code (MTC) by reference. The MTC, as adopted and amended by the City, governs traffic and vehicle operations within the City. ProvIsions ofthe MTC generally mirror their counterpart state traffic statutes, located m Title 42 of the Colorado Revised Statutes (C.R.S) Last year, the Colorado Legislature adopted a bill that amended certain provIsions ofC.R.S Title 42. House Bill 04-1193 amended several statutes concernmg the operation of a vehicle without valid proof of insurance. The general intent of the bill was to make penalties for insurance violations harsher to achieve greater compliance. The bill's provisions became effective on January 1,2005. C.R.S. S 42-4-1409 is the state "no proof of insurance" (NPOI) statute. This statute establishes the compulsory insurance requirement and sets forth penalties for violations. HB 04-1193 amended the statute in two ways: (I) mandatory minimum fines were increased, and (2) fifty percent (50%) of fines collected for NPOl violations were directed to be transferred to the local law enforcement agency that issued the ticket. MTC Section 1409 mirrors C .R. S S 42-4-1409. The attached ordinance adds a new penalty provision to the MTC, as adopted and amended by the CIty, so the City's NPOI provisions once again conform with the state NPOI statute. COMMISSIONIBOARD RECOMMENDATION: None ST A TEMENT OF THE ISSUES: The proposed ordmance will increase the minimum fine from $250 to $500 for any person who vIolates the compulsory insurance requirement of the MTC The court may suspend up to one half of the fine upon a showing that appropriate msurance as required by law has been obtamed. Upon a second violation withm a period of five years following a prior conviction, in addition to any impnsonment imposed, the proposed ordinance wIll mcrease the minimum fine from $500 to $1,000. The court may suspend up to one half of the fine upon a showing that appropriate insurance as required by law has been obtained. AL TERNA TIVES CONSIDERED: - Do not adopt the ordinance and the City's NPOI proviSIOn will not conform with the state NPOI statute. FINANCIAL IMPACT: Fifty percent of all fines collected under thIS ordinance shall be deposited in the Hotel/Motel Fund to be used for commumty policing and crime prevention projects and purposes. The remaining fifty percent shall be deposited in the General Fund. It is estimated that approximately $25,000 in revenues annually may be generated for community policing and crime prevention projects and purposes. RECOMMENDED MOTION: "I move to approve Council Bill 1 0-2005' An Ordinance Adopting Mandatory Minimum Penalties for Violating the Vehicle Insurance Provisions of the Model Traffic Code, as Adopted by the City, and Authorizing the Retention of Fifty Percent of Such Collected Penalties as Authorized by Law, on first reading, order It published, public hearing set for Monday, June 13,2005 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication." or, "I move to table indefinitely Council BiUI 0-2005 for the foUowmg reason(s) " Report Prepared by: Reviewed by: Patrick Got1~ Deputy City Manager Dan Brennan, Chief of PolIce Kersten Armstrong, Court Administrator Attachments: I. Council BiU 10-2005 050523 NPOI CAF - CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No 10 Ordinance No Series of 2005 TITLE. AN ORDINANCE ADOPTING MANDATORY MINIMUM PENALTIES FOR VIOLATING THE VEHICLE INSURANCE PROVISIONS OF THE MODEL TRAFFIC CODE, AS ADOPTED BY THE CITY, AND AUTHORIZING THE RETENTION OF FIFTY PERCENT OF SUCH COLLECTED PENALTIES AS AUTHORIZED BY LAW WHEREAS, pursuant to Part 2 of Article 16 of Title 31 of the Colorado Revised Statutes, and Section 516 of the Wheat Ridge City Charter, the City possesses the authority to adopt codes and parts thereof by reference, and WHEREAS, pursuant to this authority and by Ordinance No 1297, 2003 Series, the City previously adopted the 2003 edition of the Model Traffic Code for Colorado and certain amendments thereto, codified at subsection (b) of Section 13-2 of the Code of Laws of the City of Wheat Ridge ("Code of Laws"), and WHEREAS, by House Bill 04-1193, the Colorado legislature adopted certain amendments to Article 4, Title 42, Colorado Revised Statutes, including mandatory minimum penalties for violating the compulsory vehicle insurance statute, and WHEREAS, the contents of said Article 4, Title 42 are generally mirrored in the Model Traffic Code, and WHEREAS, in the interest of maintaining conformity with the state traffic statutes after which the Model Traffic Code was patterned, the City desires to enact certain mandatory minimum penalties and to permit the retention of a portion of such penalties, as provided in C R.S 942-4-1409 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO' Section 1 Subsection (b) of Section 13-2 of the Code of Laws, which sets forth amendments to the 2003 Model Traffic Code, as adopted by the City, is hereby amended by the addition of a new paragraph (15), to read in its entirety as follows (15) Part 17, concerning Penalties and Procedure, is hereby amended by the addition of a new section 1718, which section shall read as follows "1718 Penalty - Compulsory insurance (1) Notwithstanding the provisions of Section 1701 of this Code, any ATTACHMENT 1 person who violates section 1409 of this Code shall be punished by a minimum mandatory fine of not less than five hundred dollars ($500 00) The court may suspend up to one half of the fine upon a showing that appropriate insurance as required by law has been obtained Nothing herein shall be construed to prevent the court from imposing a fine greater than the minimum mandatory fine (2) Notwithstanding the provisions of Section 1701 of this Code, upon a second or subsequent conviction under section 1409 of this Code within a period of five years following a prior conviction under said section 1409, in addition to any imprisonment imposed, the defendant shall be punished by a minimum mandatory fine of not less than one thousand dollars ($1,00000) The court may suspend up to one half of the fine upon a showing that appropriate insurance as required by law has been obtained (3) Fifty percent of all fines collected pursuant to this Section 1718 shall be deposited in the Hotel/Motel Fund to be used for community policing and crime prevention projects and purposes The remaining fifty percent shall be deposited in the General Fund Section 2 Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare The City Council further determines - that the Ordinance bears a rational relation to the proper legislative object sought to be attained Section 3 SeY~Iability; Conflicting Ordinances Repealed If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby All other ordinances, parts of ordinances or codes adopted thereby in conflict with the provisions of this ordinance or the code or ordinance adopted hereby are hereby repealed ~ec:1i9}1 4 Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5 11 of the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 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 , 2005, at 7'00 o'clock pm, in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado 2 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2005 SIGNED by the Mayor on this day of ,2005 Gretchen Cerveny, Mayor ATTEST Pamela Anderson, City Clerk Approved As To Form -- Gerald E. Dahl, City Attorney First Publication Second Publication Wheat Ridge Transcript: Effective Date 3 ITEM NO' 5" , REQUEST FOR CITY COUNCIL ACTION '~$~. : _____/ I ccc "~)--- n ~ un -=>-=- COUNCIL MEETING DATE May 23, 2005 TITLE: COUNCIL BILL 10-2005: AN ORDINANCE ADOPTING MANDATORY MINIMUM PENALTIES FOR VIOLATING THE VEHICLE INSURANCE PROVISIONS OF THE MODEL TRAFFIC CODE, AS ADOPTED BY THE CITY, AND AUTHORIZING THE RETENTION OF FIFTY PERCENT OF SUCH COLLECTED PENAL TIES AS AUTHORIZED BY LAW. o PUBLIC HEARING o BmS/MOTIONS o RESOLUTIONS [gJ ORDINANCES FOR 1ST READING (Date' Mav 23. 2005) o ORDINANCES FOR 2ND READING QuasI-Judicial' o Yes [gJ No - ~/ I / ,/ Mbt "J J1 Deputy City Manager I ~U0% City Ma er EXECUTIVE SUMMARY: The CIty of Wheat Ridge has adopted the Colorado Municipal Traffic Code (MTC) by reference. The MTC, as adopted and amended by the City, governs traffic and vehicle operations WIthin the City. ProVISIOns ofthe MTC generally mirror their counterpart state traffic statutes, located in Title 42 ofthe Colorado Revised Statutes (C.R.S). Last year, the Colorado LegIslature adopted a bIll that amended certain provisions of C.R.S. Title 42. House Bill 04-1193 amended several statutes concernIng the operation of a vehicle without valid proof of Insurance. The general intent of the bill was to make penalties for insurance violations harsher to achIeve greater compliance. The bill's provisions became effective on January 1,2005 C .R.S S 42-4-1409 is the state "no proof of insurance" (NPOI) statute. This statute establishes the compulsory insurance requirement and sets forth penalties for violations. HB 04-1193 amended the statute in two ways: (1) mandatory mimmum fines were Increased; and (2) fifty percent (50%) of fines collected for NPOI violations were directed to be transferred to the local law enforcement agency that Issud the ticket. MTC SectIOn 1409 mirrors C.R.S S 42-4-1409. The attached ordInance adds a new penalty proVISIOn to the MTC, as adopted and amended by the City, so the CIty'S NPOI provisions once again conform with the state NPOI statute. COMMISSIONIBOARD RECOMMENDA nON: None ST A TEMENT OF THE ISSUES: The proposed ordInance will increase the minimum fine from $250 to $500 for any person who violates the compulsory Insurance requirement ofthe MTC. The court may suspend up to one half of the fine upon a showing that appropriate insurance as required by law has been obtaIned. Upon a second violatIOn within a perIod offive years following a prior convictIon, In addItIOn to any Imprisonment imposed. the proposed ordinance will increase the mimmum fine from $500 to $1,000. The court may suspend up to one half of the fine upon a showing that approprIate insurance as required by law has been obtaIned. ALTERNATIVES CONSIDERED: -' Do not adopt the ordinance and the City's NPOI proVIsion will not conform WIth the state NPOI statute. FINANCIAL IMP ACT: Fifty percent of all fines collected under thIS ordinance shall be deposited In the Hotel/Motel Fund to be used for commumty policing and crime preventIon projects and purposes. The remaining fifty percent shall be depoSIted In the General Fund. It is estImated that approximately $25,000 In revenues annually may be generated for community polICIng and crime prevention projects and purposes. RECOMMENDED MOTION: "I move to approve Council Bill 1 0-2005 An Ordinance Adopting Mandatory Minimum Penalties for Violatmg the Vehicle Insurance Provisions of the Model Traffic Code, as Adopted by the City, and Authorizing the RetentIon of Fifty Percent of Such Collected Penalties as Authorized by Law. on first reading, order it published, public hearing set for Monday, June 13,2005 at 7:00 p.m. in City Council Chambers, and that it take effect IS days after final publicatIOn." '1 r or, t 'J''''' I v' I J \ ' ('~~.T~"~ ~ ff)::t:-' I' , ' , ;/ .-< I: r I or.J.' -H / " I r-". ' ,i.... ~ I r~ >:.:/ I . I "- I , ,. \!.I .~ , ,: I - i - '... 1,1'- I \. .:/ I ~ , I,_~I ..j...:':....~" " ..:--'<::-_~- ~ '- . ---- .------- ~ , AI fJ U' 'Y' : c,=:-~: u.;;L..-r;- ,:," t (, I' , , '. City of Wheat Ridge In this space there is a large scale map that could not be scanned at thiS time. Please see the City of Wheat Ridge Clerks office if you would like to see the map. Thank You. Item 1. SPECIAL CITY COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS CITY OF WHEAT RIDGE, COLORADO 7500 W. 29TH Avenue, Municipal Building Fridav. Mav 27, 2005 12:30 p.m. Discuss pending litigation for inclusion within the Prospect Recreation and Park District of certain real property located within the City ~~ t'1p/L. ~."*t. ~~ ~sf1r1 ~lL ____ CITY OF WHEAT RIDGE, COLORADO Municipal Building 7500 W. 29th Avenue , "' j jJ;" ~ F,;day, May 27, 200S ~~. ~ ~yor cerve~alled the m<>4ing to order;;at 12~3~ City Council memb~s present: to r~:ren Berry,;J rry DiTullio, W;~da SangyDean Gokey, Karen Adams!..Mike Stites, ~arry Schulz, ena Rotola, Also present: Patrick Goff, Deputy City Manager; City Attorney Gerald Dahl, City Clerk Pam Anderson, staff Item 1. Discuss pending litigation for inclusion within the Prospect Recreation and Park District of certain real property located within the City Motion by Mr DiTullio to go into executive session for a conference with the City Attorney under Charter Section 5 7 (b)(1) and Section 24-6-402 (4) (b), C R.S , specifically ~..I f)FI";~g ggr::lNr~;~~ stat: sta':'lt ., n !'JIll'! I<}flRt~gl A~'i.l ~8t8Rti91 p.;€rUQ[l r~ I . tI - dIAA-M ~ 1171, ~8fiC:3 af 2883. I further move to "iQj^\:IrA the Council Meeting at the conclusion of the executive session, carrigd ~ fc~ *'1't<....~. J'~ ~ CJI 11M, ~ w1~~ ~ ('but ~ ~ ft..e-r C/;X4'U.// I ~ f, .f.K~(.I-( ~;/A,A ~c~ -- \~30~ Kvt-l~ ~ ~ iu C\fftM- \f.u ~''1; ~ \Lv ~\ ' ~ S'~~. ,- v--e ~ @) ~ I'U) . CITY COUNCIL MINUTES: July 8, 2002 ~ Meeting adjourned at. \ ;/y jcrw . Pamela Y Anderson, City Clerk APPROVED BY CITY COUNCIL ON Lena Rotola, Council President BY A VOTE OF 2 to "- I MOVE TO GO INTO EXECUTIVE SESSION: For a conference with the City Attorney under Charter Section 5.7(b)(1) and Section 24- 6-402(4)(8), C R.S ,specifically' concerning litigation brought to include certain property into the Prospect Park and Recreation District. I further move to _ adjourn the Council meeting at the conclusion of the executive session ---2L- return to the open meeting at the close of the executive session for the purpose of taking any formal action deemed necessary GED\53027\473788.1 CITY OF WHEAT RIDGE PUBLIC HEARING ROSTER AGENDA ITEM NO.2. A. PUBLIC HEARIIIG BEFORE THE WHEAT RIDGE CITY COUNCIL CASE NO. WZ-05-04 COUNCIL BILL NO. 06-2005 TITLE: COUNCIL BILL 06-2005 AN ORDINANCE ESTABLISHING AGRICULTURE ONE ZONING FOR A PORTION OF STATE HIGHWAY 58 RIGHT-OF-WAY LOCATED GENERALLY WEST OF 1-70 AND EAST OF ELDRIDGE STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (Case No WZ-05/04/Highway 58) PLEASE PRIN'l' YOUR NAME AIIID ADDRESS CHECK IN FAVOR OPPOSED J IF YOU NEED MORE ROOM PLEASE SIGN 011 BACK OF PAGE I CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO.2. B. PUBLIC HEARING BEFORE THE WHEAT RIDGE CI"f'Y COmrCIL CASE NO. WZ-05-0i comrCIL BILL NO. 07-2005 TITLE: COUNCIL BILL 07-2005' AN ORDINANCE ESTABLISHING PLANNED COMMERCIAL DEVELOPMENT ZONING FOR PROPERTY LOCATED GENERALLY WEST OF 1-70, SOUTH OF HIGHWAY 58, AND NORTH OF WEST 32ND AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. (Case No. WZ-05-01/Cabela's & Coors) PLEASE PRINT YOUR NAME AND ADDRESS CHECK IN FAVOR OPPOSED .f\1/Ar. . St>loz.. 0MjZ.. Stv~ \':'b,\1~.;l.'S" bl,.f~ -w. N ~ Alpf~ ~ ~bo-Q~ n'd\.-,. IF YOU l!iIEED MORE ROOM PLEASE SIGH OD BACK OF PAGE I CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO.3. PUBLIC HEARING BEFORE THE WHEAT RIDGE CITY COUJ!JCIL CASE NO. WZ-OS-02 COUNCIL BILL NO. TITLE: PUBLIC HEARING ON REQUEST FOR APPROVAL OF A FINAL DEVELOPMENT PLAN FOR PROPERTY LOCATED WEST OF 1-70, SOUTH OF STATE HIGHWAY 58, AND NORTH OF WEST 32ND AVENUE. (Case No. WZ-05-02) PLEASE PRIIiIT YOUR NAME AND ADDRESS CHECK IN FAVOR OPPOSED V""'" ." I yt', JIP - S Og-Z M+ ............... L--- r- IF YOU REED MORE ROOM PLEASE SIGH ON BACK OF PAGEl CITY OF WHEAT RIDGE PUBLIC HEARING ROSTER AGENDA ITEM NO.4. PUBLIC BEARIRG BEFORE THE WHEAT RIDGE CITY COUNCIL CASE NO. WCA-05-0i COUNCIL BILL RO. 05-2005 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) ) j PLEASE PRIlft' YOUR NAME AND ADDRESS CHECK IN FAVOR OPPOSED J~ /S.J)J!{J-/60q50~tftL~ y:: (~ ~&.Jf} /t:J7gcJ r~ ]& /Iv: t< IF YOU HEED MORE ROOM PLEASE SIGB OR BACK OF PAGEl CITIZENS' RIGHT TO SPEAK DATE: May 23, 2005 ANY PERSON MAY SPEAK ON MATTERS OTHER THAN AGENDA rTEMS FOR A MAXIMUM OF THREE MINUTES, UNLESS ADDITIONAL TIME IS GRANTED BY AGREEMENT OF COUNCIL. EACH STJCR PERSON MUST SIGN THE PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, ANDTOPl:C OF COMMENT. PLEASE PRINT!11!1111 NAME ADDRESS TOPIC mR~~ CITY OF WHEAT RIDGE, COLORADO ~I'(/ . Mav 23. 2005 Mayor Cerveny called t~ Regular C!.W Council Me~ng to order ~ 7 00 P m <;Puncilmembe~ present: Kar~ Adams, Karen.Perry, Jerry DiTullrb, Dean Goke9", Lena Rotola, Wanda Sang;- Larry Schutt," and Mike Stit~ Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, City Attorney, Gerald Dahl, Director of Community Development, Alan White, Director of PU,blic Works, Tim Paranto, staff; and interested citizen~ /'Ya"" ~ t 1'c"kJ "'owl:. \Z(.(.H.v-t-,- I .\'1,<./( ~UM'-vC)~'~ -t+~~/ APPROVAL OF MINUTES OF Mav 9. 2005 tu1 ~ tf Motion by Mr DiTullio for the approval of the Minutes of May 9, 2005, seconded by (~. . carried ~ ~() . - 0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny read Proclamation for Cancer Survivors Day - June 5, 2005 lJ1 C : ~,~ S":!f. I-t.{ ht.U vJ4;>f- S(~ ur+t-cq:d,.O . C ENS' RIGHT TO SPEAK ~ - r~ fV\.tiY&-- CITY COUNCIL MINUTES: May 23, 2005 2 ~~~. APPROVAL OF AGENDA Item 1. Consent Aaenda: A. RESOLUTION 26-2005 A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE PURCHASE OF SNOW AND ICE CONTROL EQUIPMENT, ALONG WITH AMENDING THE FISCAL YEAR 2005 GENERAL BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $105,000 B RESOLUTION 27-2005 A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $14,864 TO REINSTATE ONE RECREATION CLERK POSITION AT THE SENIOR CENTER/COMMUNITY CENTER FROM 0 5 FTE TO 1 0 FTE. C RESCHEDULE CITY COUNCIL STUDY SESSION SCHEDULED FOR JULY 4,2005 TO WEDNESDAY, JULY 6,2005 Consent Agenda was introduced and read by K.N. ~ \ lA-ll C r I Motion by lAJV. Vr\~u.o-. t" -t- \ & \ to approve the Consent Agenda as printed, seconded by ~ \0:: ~. '\ f.1~, '".1 r-~., '(-0 \ S~*j S""~":--'V' (' (-1.. \ I (/"C ) - ,)c'- 0 '~'-' C <.. , v\ ("-~ . \ v~ . .) l "'"j I: J ? ~ L \ 'c LL,"cC:lcCC lvJ. ~ ~C.nfL 1-l ~ H.tS . CITY COUNCIL MINUTES: May 23, 2005 3 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING -.. I <U. ,/ l. ~~w c.~~ ~l ~T ~\...(e ~d I,e Q.L,~I"I..~ \V\.L f~<- Item 2. A. C'bUNCIL BILL 06-2005 AN ORDINANCE ESTABLISHING vw.....\'\ fv- AGRICULTURE ONE ZONING FOR A PORTION OF STATE HIGHWAY l~ \ LA- 58 RIGHT-OF-WAY LOCATED GENERALLY WEST OF 1-70 AND EAST 2-8. +- . OF ELDRIDGE STREET, CITY OF WHEAT RIDGE, COUNTY OF \~ 3 JEFFERSON, STATE OF COLORADO -r l 'l.uaQ. iU..sL' (Case No WZ-05/04/Highway 58) ",4.;)](' ~ 0\ ~n~ B COUNCIL BILL 07-2005 AN ORDINANCE ESTABLISHING ) PLANNED COMMERCIAL DEVELOPMENT ZONING FOR PROPERTY LOCATED GENERALLY WEST OF 1-70, SOUTH OF HIGHWAY 58, AND NORTH OF WEST 32ND AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (Case No WZ-05-01/Cabela's & Coors) Council Bill 06-2005 was introduced on second reading by Mr Stites, City Clerk assigned Ordinance No \ 3~ Council Bill 07-2005 was introduced on second reading by Mr Stites City Clerk assigned Ordinance No \ 34-5' \ft.1l\ll"3 lNG:'l.o M. -\-vu ~ ~ \-'l r. S +-i f-c-.-:J M,ayor Cerveny opened the public hearrhg aAd eJetdiled the order of me testimony - Alan White was sworn in by the Mayor and presented the staff report on Item 2A. and 2B He submitted the case file and packet materials, zoning ordinance, digital presentation anc(comprehensive plan)or both items for the record Mayor Cerveny accepted CITY COUNCIL MINUTES: May 23, 2005 1. 1Q1t~ ~ . _~ : 4 Representatives of the applicant were sworn in and testified before the Council Neil Jaquet, 17755 W 32nd Avenue (business address), Director of Water Resources and Real Estate, Coors Brewing Company, Golden, Colorado. #~ $fo1u- ov... ~ ~~ o~ (tW\.."3, Kevin Rhodes, Director of Real Estate for Cabela's, was sworn in by the Mayor. M-l- cr o.t la~ of- lf~ '2-8 ~ DenniS Armstrong, (,;orpora{e AIG/'itcct for Cabela'"" was sworn In oy {he Mayor ,-MaFk Nienhlleser, Construction M:magor f9r Cabpl::l'~ Members of the public CJwi2 ~J&d + T<-at> '+t cJ7 "'" '.~~ "J ~~fvYr J-b -tk rj<.c/t. stu. .Q~\~ t4t IGVf fS ()l ()v1.,c.t. \"^- u, 'L ~ l> vK. ~ it ~ Ot 0{ ~ f7 '-~u--... \~~ -tv \)",,\~ ~~ aM OffUV~~ ~ ~ ~tiI.~> c D>~- ~ 1w1~. V-Jt>M-- '\or ~I ~~ ~&~6VV~~1 ~~ ~~ )-.0 CITY COUNCIL MINUTES: May 23, 2005 5 Q,'P~~~'e:;: - l~)\'f" w.33,.l/o <~ -10 ~ I~':~ \.: ~ -fWJ,.f ~.' ~H.1- \\ " '--liu... fwrfot. tAAll e?tct~ l~~ ~'t, -fk }tvv't- ~':(,,7 Jj..f<K -tk' h. n' 0 ,,,," r"'*' 'J, e jCU/l. kc lliA~ . "f _ (_ \ . (~~'f.) ~-t:,-\-)~ ~ ~CA \ ~C & vV~ [tJVKA (IVJ DAJ.Jl ' ~ CClKOr lJ.->l-v~.h_ 1 t.UtA {;~ ~ MI ~-f,' No-f ~ C~. ~'''''~:-t~~,.:~ ~~ ........:.~..........~ ~ w.r ~ c..fw-xJ ~ (fU~(, ~ _~~. ~~\M- -wael #"" ti11~ ~ 1~ 2.Jf ' Motion by Mr Stites to approve Council Bill 06-2005 (Ordinance No l~~1nd order it published on second reading, that the ordinance take effect immediately upon adoption, and with the following findings 1 Colorado State Statute requires that for all property annexed by a municipality, zoning must be established within 90 days. 2 The A-1 zone designation is consistent with the zoning designation of 1-70 3 The zoning will not adversely impact public health, safety or welfare 4 The request meets the applicable rezoning criteria of Section 26-112 (0) of the Wheat Ridge Code of Laws, seconded by ~ S' ~ carried 6> _ O. J 0 ,) CITY COUNCIL MINUTES: May 23, 2005 N~. ~ ~~ f1'Vk ~ n~ ~B. 34S"" Motion by Mr Stites to approve Council Bill 07-2005 (Ordinance No' ) on second reading and that the Ordinance take effect immediately, and with the following findings 1 The proposed zoning fulfills the State requirement that the annexed property must be zoned within 90 days. 2 The rezoning request meets the applicable rezoning criteria established in Section 26-112 (0) of the Wheat Ridge Code of Laws 3 There has been a change in character in the area as evidenced by the annexation of the property, the commercial development to the south and the industrial development to the north 4 The change in zone is compatible with the planned development zoning to the north, east and south 5 The uses and the requirement to obtain a special use permit for any excavation or fill activity will minimize any adverse impacts to the surrounding area. 6 There will be a physical benefit to the change of zone resulting from the reclamation of the former gravel mine site There will be a recreational benefit from the limited recreational use of the water storage reservoir The proposed uses and activities will have a limited impact on infrastructure The restricted uses will not have any adverse effect on the surrounding area The pr osed rezoning will.not create an isolated zone district. 6 WI Seconded by carried ~:r.--o CITY COUNCIL MINUTES: May 23, 2005 7 He inance, and digital presentation Repffisentativ.es-a~flt-were--s eful e tile Council r Members of the public: \ \ \ CITY COUNCIL MINUTES: May 23, 2005 8 ~~~ ~ -{:'K.. ~ Tfew, S. Motion by Mr Stites to approve Case No WZ-05-02 for the following reasons 1 The Final Development Plan is in conformance with the Outline Development Plan 2 The Final Development Plan meets the criteria in Article III of Chapter 26 of the Code of Laws pertaining to final development plans, 'JoJ1~ ~ -h>l~~ ~l1\. Seconded by .J .. carried ~\.. \k 30 -ft>>l- Set~J.t. \Lo f-o Co.. ~~ 8~O CITY COUNCIL MINUTES: May 23, 2005 ?-ce.VW ~:?;;O. R " li ?i ,rc4\;0~\,VL 9 Item 4. 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 second reading by Mr DiTullio City Clerk Pam Anderson had already assigned Ordinance No 1343 at the meeting of May 9, 2005 Motion by Mr Schulz to table indefinitely Ordinance No 1343 for the following reasons ~ ~r ) ~ .(&.,. ~c\ . uf. fdju~nvtt\\.r . \N\i:'v\ \ { ( ..., A I 1 \ 1_ .' \ I, 1 ,~ 0 L;\J:; Lfi:, '.J /l....'-vvwL" S ^ ~ "'" \ tt-<-d \ iJ'Vv\ \O\:i1;\\ "'I un' (;C\\.J ~~ G. k-tt--0l<' c)Gv~ ('-uC( I r" Crr r J 0\ tAr''v~Y ~ ~ 111.L pI.- A . ~ (t'>, lc-"~.( t"~ <, <) -h6...( ft1/~ ~~'Vll r 0 .L 11 . f': ,+ L'$'"r1 Jtt .? ~ Iud IV' II/ .(. \' c{,\ eV ~\v' ~ 1/ ;full L u ':l 'SI ,"-' Ivt "Mt, 5 "~ <~"^ J 31, 70'5 ;J2-'L-)\'\ Tl\.L. Kttv!GV C <>n't.1Jj c>Lt~ ~ \ ' Cl/\;Vl-i..~I. 0, II -2D05" uJ C UvlV~ ( ;J.. rf-.^ It f!~lU lVA-"{. v; ~(t/-c. Ul-vto&-. fh~1' ~" ;; )11 .A.l( lb \, LC z."d} . ?/0. CITY COUNCIL MINUTES: May 23, 2005 10 ORDINANCES ON FIRST READING Item 5. COUNCIL BILL 10-2005 AN ORDINANCE ADOPTING MANDATORY MINIMUM PENALTIES FOR VIOLATING THE VEHICLE INSURANCE PROVISIONS OF THE MODEL TRAFFIC CODE, AS ADOPTED BY THE CITY, AND AUTHORIZING THE RETENTION OF FIFTY PERCENT OF SUCH COLLECTED PENALTIES AS AUTHORIZED BY LAW Council Bill 10-2005 was introduced on first reading by Mr Gokey Motion by Mr Gokey toa~~~e Council Bill 10-2005 on first reading, order it published, public hearing set for Monday, June 13, 2005 at 700 P m in the City Council Chambers, ~nd that it take effect 15 days after final publication, seconded by Sct~ ' \..Ao-\1\)-"\ carried r - G: _ --' .' . '.. 0 . ;.::.-p;f.,dlt" "\iv~~vn;;t~ - )tr~r "ypLv't€ + ~')rI"J ~,n.a~t ec{;w,,d ,Lfc(?( cL(b"L,va CITY MANAGER'S MATTERS ,-,~\I(,1'd:~P,'L{S h It,(-. f),-CI({ clcJf cucJ. (kc ~ \11 ~e:] 5C CL'v-& / 'IC h "l., b -- 2 YuRTee. I- f!J~IJ "it ~ J CITY ATTORNEY'S MATTERS 'Z'. xc c .S- e <, ~ ,LL., c vf 01 d,A--n ~ ~ ~ \'>\~. y ;, \-\1. ~ ELECTED OFFICIALS' MATTERS ~"""'~~~ l:;::E,:~ T wOvUct L'~ ~::trk ~vv ~~. ~ ~ ;;;;;:;;r;.;;c-: ~ ekc.-'~.ef. "<<--l..l~ ~ 'i~ fI/r 0J0I'c--.-cR. ~ +k. ~-evv\J\,.. l~~~ Co-.d-c-.-+, ~..f1.v. ~ ~ tM k\1~ {... ~ll 1'k ~ ~ \,,0::. cJ....r..t.. ~ ''- Motion by Mrs Rotola to schedule a Study'Session for Thursday, June 9, 2005 at 6'00 p m in the City Council Chambers for the purpose of a discussion of the Neighborhood Revitalization Draft Strategies, seconded by 0a.~LLJ- -7~c - ( t~) abs fn-,!"O' -- Jl~c dJ r' n S L- c , ,c(C{'( ~,J S;v~,. () ~ v .. c{ -f..t; Y [,L i".-d/ r1ohll-1 k e4c. (rho!- It.-OJ'l'''' Meeting adjourned at p.m ?fdjCVt-1 n.ttu-'i7f' Ct 0'(--(. SVCJ /tvl- , Pamela Y Anderson, City Clerk APPROVED BY CITY COUNCIL ON JUNE 13, 2005 BY A VOTE OF to Lena Rotola, Council President CITY COUNCIL MINUTES: May 23, 2005 11 The preceding Minutes were prepared according to 947 of Robert's Rules of Order, Le 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. , {et-n l .(-':y .eX c. ( II ~'-L ,,(: '" I. ,\...\...~ -----~----