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HomeMy WebLinkAbout06/16/2008 STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Ave. June 16. 2008 6:30 D.m., Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. APPROVAL OF AGENDA Item 1. Staff Report: Memo regarding 5th Annual Business Awards Mayor and Council's Choice Item 2. Billboard Impact Fee Study - Scope of Work for Consulting Services Item 3. Historic Designation Ordinances \1EM 1. ~ J: " ~' " ~ City of ~Wheat&"-dge ~OMMUNITY DEVELOPMENT Memorandum TO: Mayor and City Council THROUGH: Ken Johnstone, Community Development Director FROM: Ryan Stachelski, Economic Development Specialist DATE: June 4, 2008 SUBJECT: 5th Annual Business Awards On Monday, June 23rd the Economic Development Division will work with previous award winners and business leaders from Enterprise Wheat Ridge, the Applewood Business Association, The West Chamber, and The Jefferson County Business Resource Center to determine the winners ofthis year's Business Awards in the following categories: . Business of the Year . Small Business of the Year . Vision Award . Reinvestment Award . Volunteer of the Year The winners of these awards will be presented at the July 28th City, Council meeting and recognized along with the rest of the business community at the S" Annual Business Appreciation Luncheon on Friday, August I st. Formal invitations to the Sth Annual Business Appreciation Luncheon will be sent out to all elected officials closer to the event. The above mentioned awards are not the only awards that will be given out the night of July 28th. The Wheat Ridge Cultural Commission will give their award to a worthy business selected by the Cultural Commission. The final two awards that night will be determined the Mayor and City Council. During the staff reports at the June 16th Study Session I will ask the Mayor to determine the winner of the new Mayor's Business and Youth Partnership Award and City Council to determine the winner of the City Council's Partnership Award. The Mayor and City Council should bring nominations to the J nne 16th Study Session. At this time there is no other formal nomination process for the Mayor's and City Council's Awards. If the Mayor and City Council would like the Economic Development Division to make any recommendations, please let me know. Listed below are the award criteria. Mayor and City Council June 4, 2008 Page 2 Business ofthe Year Award Criteria: This award recognizes a business that has demonstrated one or more of the following: Demonstrated growth in employment numbers Demonstrated growth in retail sales or overall productiou Has made significant capital investment in its operations Small Business of the Year Award Criteria: This award recognizes a business that has demonstrated one or more of the following: Has 15 or less employees Has shown a successful history and is positioned for growth Offers unusual opportunities Reinvestment Award Criteria: This award recognizes a business that has demonstrated one or more of the following: Made a significant investment in its property Improved the overall appearance of the site Maintained property at the highest standards Updated building in a manner to make it more marketable based on today's industry requirements (telecom capabilities, fa<;ade improvements) Visionary Award Criteria: This award recognizes a business that has demonstrated a visionary attitude within its industry and among other businesses. This may include one or more of the following: Implemented "best practices" in management or processes Provided a standard for other businesses to follow Volunteer of the Year Award This award gives the City Council an opportunity to recognize an individual(s) for their involvement in making the city a better place to live through one or more of the following: Promoting the image of the City of Wheat Ridge Involvement in the business organizations Participation on the various boards and commissions Assistance with and involvement in the schools within the City of Wheat Ridge Promoting and volunteering time to achieve the goals of the City of Wheat Ridge Mayor and City Council June 4, 2008 Page 3 City Council's Partnership Award This prestigious award gives the City Council an opportunity to recognize a company for their overall contributions to the City of Wheat Ridge, It incorporates criteria fi'om all award categories as well as contributions in volunteerism, leadership, and community investmentlinvolvement. Mayor's Business and Youth Partnership Award This prestigious award gives the Mayor an opportunity to recognize a company for their overall contributions to the City of Wheat Ridge. It incorporates criteria from all award categories as well as contributions in volunteerism, leadership, and community investment/involvement, but must also include a business' specific involvement with the mentoring, training, and partnering with the youth of our community. hjs \1EM 2 ~ ~ j,-( ~ _ r City of . ~~Wheat&"'dge ~OMMUNnY DEVELOPMENT Memorandum TO: Mayor and City Council THROUGH: Randy Young, City Manager FROM: Ken Johnstone, Community Development Director DATE: June 16, 2008 SUBJECT: Billboard Impact Fee Study - RFP Update On April 28, City Council directed staffto prepare a Request for Proposals for a Billboard Impact Fee Study and to bring the RFP along with the proposals received back for their review at a June 16 study session. Staff finalized and sent out the RFP to 4 potential vendors on May 22 and posted on the City's website. In order to allow adequate time for those consultants to respond to the City's solicitation, we extended the submittal deadline to Tuesday, June 10 at 4:00 p.m. through an addendum to the RFP. No proposals have been received. Attachments: RFP 08-025 Addendum to RFP 08-025 (extended submittal deadline) ~~ r.. A .( ~ _ ~ City of ?WheatRi....,dge REQUEST FOR PROPOSALS RFP-08-25 PROPOSAL DUE DATE: WEDNESDAY, JUNE 4, 2008 BY 4:00 PM OUR CLOCK BILLBOARD IMPACT FEE STUDY SEALED PROPOSALS MUST BE MAILED OR DELIVERED TO: City of Wheat Ridge Municipal Building Attention: Linda Trimble, CPPO, CPPB 7500 W 29th Avenue, Purchasing & Contracting Division Wheat Ridge, CO 80033 303-235-2811 IMPORTANT: PLEASE READ ENTIRE DOCUMENT Per the attached specifications, terms and conditions. FEIN/SSN (Required) Federal 1.0. Number COMPANY ADDRESS CITY/STATE/ZIP PHONE FAX AUTHORIZED SIGNATURE This is required. Must be in ink. TYPED/PRINTED NAME TITLE EMAIL ACKNOWLEDGEMENT OF ANY & All ADDENDA. STATE NUMBER OF ADDENDA & INITIAL: Proposer is responsible for following up on all addendums DO YOU ACCEPT VISA? IT IS THE PREFERRED PAYMENT METHOD, DO NOT CONTACT THE REQUESTING DEPARTMENT OR MEMBERS OF THE EVALUATION COMMITTEE. Signature acknowledges that Proposer: has read the bid documents thoroughly before submitting a proposal, will fulfill the obligations in accordance to the scope of work or specifications, terms, and conditions, and is submitting without collusion with any other individual or firm. Do not submit more than one proposal from your firm or both proposals will be disqualified. Submit proposal with authorized signature. POINT OF CONTACT: Linda Trimble, Purchasing Agent, Itrimble@cLwheatridge.co.usorfax303-234-5924. MUST SUBMIT THIS PAGE (SIGNATURE PAGE) WITH YOUR PROPOSAL CITY OF WHEAT RIDGE RFP-08-25 BILLBOARD IMPACT FEE STUDY Proiect Overview: The City of Wheat Ridge is considering implementing an impact fee in relation to billboard sign structures located within its jurisdictional boundaries. The intent of the impact fee would be to use the revenue generated to mitigate the negative visual impacts that billboards have on the community. The anticipated start date is July 2008 and the completion date is October 2008. The estimated budget is $10,000 Scoqe of Services: The Community Development Department is seeking a qualified consultant to research and develop a Billboard Impact Fee Study and to provide a recommendation for the City. Minimum Reauirements: Must have or obtain a valid and current City Business/Use Tax license prior to doing business in the City of Wheat Ridge, This service requires compliance with the "Illegal Alien" Provisions of CRS8- 17.5-101. Proaosals Due: WEDNESDAY, JUNE 4, 2008 BY 4:00 pm OUR CLOCK Submit to: Municipal Building, Purchasing & Contracting Division Attn: Linda Trimble, CPPO, CPPB 7500 W 29th Avenue Wheat Ridge, CO 80033 Submit sealed proposals: (1) marked original and (3) copies. Total of (4) complete sets. Late receipt of bids will not be considered regardless of postmark. No oral, phone, or fax responses will be accepted as a sealed proposal. Mark Enveloaes: RFP-08-25 BILLBOARD IMPACT FEE STUDY Comments: All proposals must be sealed and shall be validated. No proposals will be accepted after the due date and time. Proposals received after the due opening time will be filed unopened. The City of Wheat Ridge reserves the right to reject any and all qualifications or any part and to waive any formalities or informalities to make an award in the best interest of the City. RFP Documents: Available on the city website www.cLwheatridge.co.us Point of Contact: Linda Trimble, Purchasing Agent, Itrimble@cLwheatridge.co.us or fax 303-234-5924 or phone 303-235-2811. Do not contact the requesting department or the evaluation committee. Publish Dates: Posted: OS/22/08 Linda Trimble, Purchasing Agent 2 RFP-08-25 PROPOSAL REQUIREMENTS/SELECTION CRITERIA BILLBOARD IMPACT FEE STUDY I. INTRODUCTION A. General The City of Wheat Ridge (COWR) Municipal Building is located in the northwest area of Denver metropolitan, 7500 W 29th Avenue, Wheat Ridge, CO 80033, It has a population of approximately 33,000 and consists of about nine square miles adjacent to the interstate 70 transportation corridor between Denver and the Rocky Mountains. The topography is somewhat unique, with a natural ridge traversing the City. The governing board is comprised of a City Council (eight members), Mayor and City Manager. The COWR has allocated $10,000 for this project. B. Background The City of Wheat Ridge, CO is considering implementing an impact fee in relation to billboard sign structures located within its jurisdictional boundaries, The intent of the impact fee would be to use the revenue generated to mitigate the negative visual impacts that billboards have on the community. C. Objectives The purpose of this RFP is to contract with a qualified consultant to recommend an impact fee structure as a result of research, survey, design workshop and other factors, II. SCOPE OF SERVICES The following is a general description of the scope of services and project intent. The City is soliciting proposals from qualified consultants to research and develop a Billboard Impact Fee Study. In responding to this solicitation, proposers are allowed to refine the scope of services based on their professional background and experience in doing similar work. Task 1: Research. The consultant will conduct national research for examples of similar impact fees that have been implemented to mitigate the negative visual impacts of billboards or similar private structures. In addition, the research should focus particular attention on the State of Colorado and provide an overview of municipal development impact fees adopted in the past 10 years. The research should summarize the methodology used to quantitatively determine impacts and the manner in which fee revenues have been utilized to mitigate the identified impacts. Task 2: Citizen Surveil. The consultant will conduct a mail or phone survey of Wheat Ridge residents and/or property owners to determine the degree to which residents believe billboards impact the visual aesthetics of the City and their perceived image of the City. The survey questions should elicit the community's perceptions regarding billboard advertising within the City, and, to the extent those perceptions are negative, should identify acceptable design mitigation techniques and quantify the costs required to mitigate those perceptions. Task 3: Desion Workshnn. The consultant will facilitate a design workshop with citizens and design professionals, The intent of the workshop is to implement the design solutions identified as potential mitigation measures in the Citizen Survey. The design workshop should define a range of design solutions that are depicted through sketches and concept drawings included in this project's scope of work, at a level sufficient to develop preliminary cost estimates. Task 4: Cost Estimates. Based on the drawings produced in the design workshop, consultant will develop costs estimates to implement the recommended mitigation measures and for ongoing long term maintenance and replacement of the same. Task 5: Recommended Imoad Fee Structure. Based on the cost estimating, consultant will recommend an impact fee structure to apply to existing and future billboard structures within the City of Wheat Ridge. Deliver one hard copy and an electronic version. 3 Task 6: Citv Council Studv Session. In addition to the design workshop described in Task 3, the consultant should include in the budget costs to attend and present to City Council at a study session. In the event additional study sessions or other design workshops are required, the cost estimates for additional events such as those should be included as "add-ons" in the proposed scope of services. III. SUBMISSION REQUIREMENTS AND EVALUATION CRITERIA A. Submit to: Provide one marked original and three (3) copies. Total of 4 complete sets. Address: City of Wheat Ridge Municipal Building ATTN: Linda Trimble, CPPO, CPPB 7500 W 29th Avenue, Purchasing & Contracting Division Wheat Ridge, CO 80033 Mark outside of envelope: RFP-08-25 BILLBOARD IMPACT FEE STUDY DUE DATE: WEDNESDAY, JUNE 4, 2008 BY 4:00 PM OUR CLOCK. FAXES & EMAILS ARE NOT ACCEPTABLE. B, Evaluation Criteria To simplify the review process and to obtain the maximum degree of comparability, the proposal must follow the outline described below and, at a minimum, contain the required information. Respondents are encouraged to include additional relevant information. Your entire submittal shall not exceed sixty (60) pages. 1) Qualifications and Experience of the Firm (25%) o An overview of your company's history, firm size, number of employees, years in business, location of working office and financial stability . Describe and give examples of your experience doing similar work. . Provide information on current workload and how this project will be accomplished o List a minimum of three (3) current or within the past three (3) years references. Include contact name, firm or agency, phone number or email and a summary of similar scope of work provided. 2) Qualifications and Experience of the Team (25%) . Identify the team and roles . Provide resumes of essential staff assigned to perform services for this project . Describe individual experiences with the City or other government agencies o Include resumes of any sub-consultants and their role. o Provide any unique strengths or experiences 3) Project Approach (25%) o Demonstrate your understanding of the technical requirements, o Detail your approach and timelines o Identify any foreseeable problems in the implementation of the program o Describe how the objectives identified will be achieved 4) Fee Schedule (25%) o Provide a detailed statement of fees. Include cost per task, hourly rates and hours of positions relating to the tasks and reimbursable expenses. Reimbursable expenses should be assumed to be billed at cost, without markup. Rates are negotiable. IV. ~ELECTION PROCESli The selection process will involve written submittals evaluated and scored. If requested, oral interviews with the highest-ranking firm(s), The City will attempt to negotiate a contract with the highest ranked firm. 4 V. SCHEDULE The following is the anticipated schedule of events for this project: Advertisement RFP Due Date Oral Interviews, if requested Negotiation of Contract Council Approval, if required Start of Work Completion Date OS/22/08 WEDNESDAY, JUNE 4,2008 by 4:00 pm, our clock June 2008 June 2008 June 2008 July 2008 October 2008 VI. CHECK LIST The following information and forms must be included with your submittal in this order. Did you include: YES NO . Signature Page (page 1) . Acknowledge Addendum, if any . Qualification/Experience of Firm . Qualification/Experience of Team . Project Approach . Fee Schedule . Illegal Alien Certification Form VII. INFORMATION TO PROPOSERS 1. PROPOSAL OPENING AND AWARD Only the names of each proposer will be read at the opening. Proposals will be examined promptly after opening. An abstract will be provided upon request. No proposal may be withdrawn for a period of sixty (60) calendar days of the Proposal Opening date. 2. TAXES The City of Wheat Ridge is exempt from City, County, State and Federal Sales/Excise Taxes. Certificates will be issued upon request. Any appropriate taxes shall be shown as a separate item in your Proposal. 3. PROPOSER QUALIFICATIONS No proposal shall be accepted from and no contract will be awarded to any person, firm or corporation that is in arrears to the City of Wheat Ridge, upon debt or contract that is a defaulter, as surety or otherwise, upon any obligation to the City or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service bid upon and that they have the necessary financial resources to provide the proposed supply/service called for as described in the attached Section IV, Information for Proposals. 4. RIGHT TO INVESTIGATF The City reserves the right to investigate and confirm the proposer's financial responsibility. This may include financial statements, bank references and interviews with past consultants, employees and creditors. Unfavorable responses to these investigations are grounds for rejection of the proposal. 5. NO COMMITMENT BY CITY OF WHEAT RIDGE This Request for Proposals does not commit the City of Wheat Ridge to award any costs or pay any costs, or to award any contract, or to pay any costs associated with or incurred in the preparation of a Proposal to this Request, or to procure or contract for services or supplies. In acceptance of proposals, the City of Wheat Ridge reserves the right to negotiate further with one or more of the contractors as to any features of their proposals and to accept modifications of the work and price when such action will be in the best interest of the City. This includes solicitation of a best and final offer from one or more of the proposers. 5 6. PROPOSAL REPRESENTATION Each Proposer must sign the proposal with their usual signature and shall give their full business address on the form provided in this Proposal. Proposals by partnerships shall be signed with the partnership name by one of the members or by an authorized representative. Proposals by corporations shall be signed with the name of the corporation followed by the signature and designation of the President, Secretary, or other person authorized to bind it in the matter and shall have the corporate seal affixed thereto, 7. ANTI COLLUSION CLAUSE No officer or employee of the City of Wheat Ridge, and no other public official, or employee, who may exercise any function or responsibilities in the review or approval of this undertaking shall have any personal or financial interest, direct or indirect, in any contract or negotiation process thereof, The above compliance request will be part of all City of Wheat Ridge contracts for this Service. 8. INSURANCE The successful Proposer shall, during the term of this Agreement and until completion thereof, provide and maintain the following types and minimum insurance coverages as follows: Tvoe of Insurance Minimum Limits of Liabilitv Standard Workers' Compensation & Employers' Liability Including Occupations Disease Coverage Statutory in conformance with the compensation laws of the State of Colorado Comprehensive General Liability Insurance $250,000 each person; $1,000,000 each occurrence Comprehensive Automobile $250,000 each person; Errors and Omissions $1,000,000 each occurrence The successful Proposer shall affect the insurance policies in a company or companies and in a form satisfactory to the Owner. Before commencing any performance under this Agreement, successful Proposer shall deliver, to the City, Certificates of Insurance issued by the insurance company, and/or its duly authorized agents pertaining to the aforementioned insurance, and certifying that the policies stipulated above are in full force and effect. All policies and/or Certificates of Insurance shall include each individual entity as an additional named insured, except for Workers Compensation and Auto. Nothing herein shall be deemed or construed as a waiver of any of the protections to which the Agencies may be entitled pursuant to the Colorado Governmental Immunity Act, sections 24-10-101, C.R.S., as amended. Workers' Compensation Insurance - The contractor shall provide workers' compensation insurance coverage for all persons employed to perform the work to be done under the contract and assure that all workers will receive the compensation for compensable injuries. A copy of the workers compensation policy is required to be submitted to the City as part of this Proposal. Professional Liabilitv Insurance - Evidence of Professional Liability Insurance will be required upon award of the project. 9. PROPOSAL REJECTION OR PARTIAL ACCEPTANCE The City reserves the right to reject any or all Proposals. The City further reserves the right to waive technicalities, formalities, and informalities, to accept in whole or in part such Proposal where it is deemed. advisable, and to make an award to the mOst responsive and responsible Proposer as deemed in the best interest of the City, 10. LAWS AND REGULATIONS All applicable State of Colorado and Federal laws, City and County ordinances, licenses and regulations shall apply to the award throughout and herein incorporated here by reference. 6 11. SUBCONTRACTING No portion of this Proposal may be subcontracted without the prior written approval by the City, 12, ~ALES PROHIBITED / CONFLICT OF INTEREST No officer, employee, or membe(of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Wheat Ridge is prohibited. VIII. TERMS AND CONDITIONS 1. MODIFICATION OF AGREEMENT No modification of award shall be binding upon the City unless made in writing and signed by authorized agents of both parties. 2. CANCELLATION Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 3. TERMINATION OF AWARD FOR CAUSE If, through any cause, the successful Proposer shall fail to fulfill in a timely and proper manner it's obligations or if the successful Proposer shall violate any of the covenants, agreements or stipulations of the award, the City shall thereupon have the right to terminate the award by giving written notice to the successful Proposer of such termination and specifying the effective date of termination, In that event, all finished or unfinished services, reports or other materials prepared by the successful Proposer shall, at the option of the Agency, become its property, and the successful Proposer shall be entitled to receive just, equitable compensation for any satisfactory work completed, prepared documents or materials as furnished. Notwithstanding the above, the successful Proposer shall not be relieved of liability to the City for damage sustained by the City by virtue of breach of the award by the successful Proposer and the City may withhold any payments to the successful vendor for the purpose of set off until such time as the exact amount of damages due the City from the successful Proposer is determined, 4. TERMINATION OF AWARD FOR CONVENIENCE The City may terminate the award at any time by giving written notice to the successful vendor of such termination and specifying the effective date thereof, at least thirty (30) working days before the effective date of such termination. In that event, all finished or unfinished services, reports, material(s) prepared or furnished by the successful Proposer under the award shall, at the option of the City, become its property. If the award is terminated by the City as provided herein, the successful vendor will be paid an amount which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the total services/materials the successful Proposer covered by the award, less payments of compensation previously made. If the award is terminated due to the fault of the successful Proposer, termination of award for cause, relative to termination shall apply. 5. j;'QUAL OPPORTUNITY The successful firm will agree not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of race, creed, sex, national origin, ancestry or physical handicap. It shall be a condition that any company, firm or corporation supplying goods or services, must be in compliance with the appropriate areas of the Americans With Disabilities Act of 1990 as enacted, and from time to time amended, and any other applicable Federal regulation. A signed, written certificate stating compliance with the Americans With Disabilities Act may be required, upon request, by the City. 7 6. COMMON LANGUAGE Unless otherwise specified in this document, all words shall have a common language unless the context in which they are used clearly requires a different meaning. Words in the singular number include the plural, and in the plural include the singular. Additionally, words in the masculine gender include the feminine and the neuter, and when the sense so indicates, words of the neuter gender may refer to any gender. The word "firm/bidder/proposer" means any person, partnership, corporation or other entity. 7. PROPRIETARY INFORMATION The evaluation committee will hold information provided by Proposers during the RFP process in confidence until the date of an award. After that date, proposals will become public record. Proposers may request parts of their proposals to remain confidential and shall indicate in the proposal and on the appropriate proprietary or financial pages. All information included in any Proposal that is of a proprietary nature must be clearly marked as such. The City shall be held harmless from any claims arising from the release of proprietary information not clearly designated as such by the proposing firm. 8. COMPETITIVENESS AND INTEGRITY The Purchasing Office maintains control of its internal and third party communications during the procurement process to prevent biased evaluations and compromises of confidential information and to preserve the competitiveness and integrity of such procurement efforts. Proposers should not disclose their pricing to any employees of the City other than the contact representative, Attempts by proposers to establish informal communication channels regarding this procurement will be viewed negatively and shall result in rejection of the offending firm's offer. 9. PROPOSAL FORMAT All responses to this Request For Proposal shall use the respondent's format except for those pages, which have blanks to be filled in by the respondent or those pages marked for return with proposal. A proposal can be rejected by the City, if the firm fails to completely fill in all blanks for evaluation of the proposal or fails to answer all questions. Proposal should be submitted initially on the most favorable terms, All proposals shall be prepared in a comprehensive manner as to content; however no necessity exists for expensive binders or promotional material. All costs, including travel and expenses incurred in the preparation of this proposal shall be borne solely by the Proposal. 10. PROPOSAL ACCEPTANCE/REJECTION: The City Of Wheat Ridge reserves the right to: . reject any and all proposals and to accept other than the low bid . waive minor defects or technicalities regarding the proposals, and . alter the scope of work and RFP documents until a contract is executed. 11. GOVERNING LAW: The laws of the State of Colorado shall govern any contract executed between the successful contractor and the City. Further, the place of performance and transaction of business shall be deemed to be in the County of Jefferson, State of Colorado. In the event of litigation, the exclusive venue and place of jurisdiction shall be the State of Colorado, and more specifically, Jefferson County, Colorado. 12. PROMPT PAYMENT DISCOUNTS: In determining the most responsive priced proposal(s), the City will consider all acceptable proposals on a basis of the net price to be paid after deduction of the discount specified in the respective proposals. Prompt payment discounts allowing less than 10 days for the discount to apply shall not be considered as a cost factor in the evaluation of proposals. In connection with any prompt payment discount offered, time will be computed from date of receipt of a correct invoice to include the receipt and acceptance of performance. 13, OWNERSHIP OF C.ONTRACT PR{IDUCTS: All products produced from the awarded contract shall be the sole property of the City. 14. FUNDING There is in effect within the City of Wheat Ridge, Colorado, Section 2-4 of the City's Code of Laws which limits the amount for which the City shall be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid award, The Ct!mtractor is specifically advised of this Section 2-4 of the Code of Laws, This Contract is specifically subject to the provisions of 8 said Code Section. Funding of this contract for any time period after January 1, of the year succeeding the date of entry of this contract is expressly contingent upon appropriations being made by the City Council of the City of Wheat Ridge, Colorado. No promise, expressed or implied, is made that such funding will be approved by the City Council, acting in its legislative discretion, 15. INDEMNIFICATION: The Consultant agrees to indemnify and to hold the City and its agents harmless for, from and against any and all claims, suits, expenses, damages or other liabilities, including reasonable attorney fees and court costs arising out of damage or injury to persons, entities, or property causes or sustained by any person or persons as a result of the negligent performance or failure of the Consultant to provide services pursuant to the terms of this Agreement. 16. INDEPENDENT CONTRACTOR The firm is an independent contractor. Notwithstanding any provision appearing in this RFP, all personnel assigned by the firm to perform work under the terms of this RFP and any subsequent agreement shall be, and remain at all times, employees or agents of the firm for all purposes. The firm shall make no representation that it is the employee of the City for any purpose. 17. DUE DILIGENCE Due care and diligence has been used in the preparation of this information and it is believed to be substantially correct. However the responsibility for determining the full extent to the exposure and the verification of all information shall rest solely with the proposer. The City is not responsible for any errors or omissions in the specification or for the failure on the part of the proposer in determining the full extent of exposure. 18. SECURITY ACCESS CARDS The City will issue security access cards to assigned workers. It will be the discretion of the City if the access cards are issued specifically for each worker or a guest card may be issued. 19. SAMPLE AGREEMENT..; A sample agreement is provided for your review if your firm is awarded, Do not complete nor enclosed with your proposal. It is for information only. 20. COOPERATIVE PURCHASING EFFORT: Other governmental agencies including state agencies, special districts, counties, municipalities and school districts, etc., may be extended the opportunity to purchase off this Bid with the agreement of the successful vendor(s) and the participating MAPO Agencies and the WSCPA Group. Requests for participation of other Agencies and/or Groups will be coordinated by the MAPO Agency hosting this Bid. The Host Agency will notify the vendor(s) and the Agency and/or Group wishing to participate, in writing. Each agency/group desiring to participate shall establish its own contract, issue its own orders, be invoiced and make its own payments and issue its own exemption certificates as required by the Vendor. It is understood and agreed that the City is not a legally binding party to any contractual agreement made between a MAPO or WSCPA member and the Vendor as a result of this solicitation. 9 CITY OF WHEAT RIDGE, CO CERTIFICATION STATEMENT FOR ILLEGAL ALIENS, COMPLIANCE TO HB 1343 The Vendor, whose name and signature appear below, certifies and agrees as follows: 1. The Vendor shall comply with the provisions of CRS 8-17.5-101 et seq. 2. The Vendor shall not knowingly employ or contract with an illegal alien to perform work under this purchase order or enter into a contract with a subcontractor t[1at knowingly employs or contracts with an illegal alien. 3. The Vendor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, or (ii) otherwise shall comply with the requirements of CRS 8-17.5-102(2)(b)(I). 4. The Vendor shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. If the Vendor fails to comply with any requirement of this provision or CRS 8-17,5-101 et seq., the City may terminate the above referenced purchase order for breach and the Vendor shall be liable for actual and consequential damages to the City of Wheat Ridge. CERTIFIED and AGREED to this day of ,200 BID NUMBER: FIRM: (Print Full Legal Name) Authorized Signature: Print Name: Print Title: Date: Attestation: (A corporate attestation is required.) BY: Corporate Secretary or Equivalent Place corporate seal here, if applicable VENDOR MUST COMPLETE AND SUBMIT THIS FORM TO THE PURCHASING AND CONTRACTING OFFICE 10 CITY OF WHEAT RIDGE RFP-08-25 BILLBOARD IMPACT FEE STUDY SAMPLE AGREEMENT THIS AGREEMENT made this day of JUNE 2008, by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the "City" or "Owner" and EAST, WEST, hereinafter referred to as the "Consultanf'. WITNESSETH, that the City of Wheat Ridge and the Consultant agree as follows: ARTICLE 1 - SERVICES The Consultant shall serve as the City's Consultant and provide as a minimum all of the professional services required as per RFP-08-25 BILLBOARD IMPACT FEE STUDY, as more fully described in the Request For Proposal (Exhibit I) and the response of the Consultant to the RFP (Exhibit II) attached hereto and incorporated herei n by reference. ARTICLE 2 - TERM The work to be performed under this Agreement shall commence promptly after receipt of a fully executed copy of this Agreement to the extent that the Consultant has been authorized to proceed by the City. Completion shall be by October 2008. ARTICLE 3 - PAYMENT AND FEE SCHEDULE It is understood and agreed by and between the parties hereto, that the City shall pay the Consultant for services provided and the Consultant shall accept a total of TIN MAN, $L10N or a Not to Exceed amount of TINMAN, $L10N as full payment for such services. A. I nvoices by Task Invoices will be submitted by the Consultant monthly for tasks performed and expenses incurred pursuant to this Agreement during the prior month. The processing of payment will be expedited by the Treasurer's Office through proper accounting procedures. Payment will be made to the Consultant within thirty (30) days of the receipt of the approved invoices for services rendered. B. Funding There is in effect within the City of Wheat Ridge, Colorado, a provision of the City's Code of Laws which limits the amount for which the City shall be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid award, The contractor is specifically advised of the provisions of this portion of the Code of Laws of the City of Wheat Ridge, which was enacted pursuant to Ordinance 787, Series of 1989, and expressly incorporated herein. This contract is specifically subject to the provisions of said Ordinance and adopted Code Section. ARTICLE 4 - INDEPENDENT CONTRACTOR In performing the work under this Agreement, the Consultant acts as an independent contractor and is solely responsible for necessary and adequate worker's compensation insurance, person injury and property damage insurance, as well as errors and omissions insurance. The Consultant, as an independent contractor, is obligated to pay federal and state income tax on monies earned. The personnel employed by the Consultant are not and shall not become employees, agents or servants of the City because of the performance of any work by this agreement. The Consultant warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for it, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than bona fide employees working solely for the Consultant, any commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City will have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11 ARTICLE 5 - INSURANCE. In accordance with Article 4 above, the Consultant shall furnish a certificate of insurance upon notification of award and prior to performance. Work shall not commence under this Agreement until the Consultant has submitted to the City and received approval thereof, a certificate of Insurance showing compliance with the following minimum types and coverages of insurance. . Type of Insurance Minimum Limits of Liability Standard Workers' Compensation & Employers' Liability Including Occupations Disease Coverage Statutory in conformance with the compensation laws of the State of Colorado Comprehensive General Liability Insurance $250,000 each person; $1,000,000 each occurrence Comprehensive Automobile $250,000 each person; Professional Liability (errors and omissions) $1,000,000 each occurrence All policies and/or Certificates of Insurance shall include the City of Wheat Ridge as an additional named insured, Nothing herein shall be deemed or construed as a waiver of any of the protections to, which the Agencies may be entitled pursuant to the Colorado Governmental Immunity Act, sections 24-10-101, C.R.S., as amended. ARTICLE 6 -INDEMNIFICATION The Consultant agrees to indemnify and to hold the City and its agents harmless for, from and against any and all claims, suits, expenses, damages or other liabilities, including reasonable attorney fees and court costs arising out of damage or injury to persons, entities, or property causes or sustained by any person or persons as a result of the negligent performance or failure of the Consultant to provide services pursuant to the terms of this Agreement. ARTICLE 7 - CHANGE ORDERS OR EXTENSIONS The City may, from time to time, require changes in the scope of services of the Consultant to be performed herein, Such changes, including any increase or decrease in the amount of the Consultant's compensation, must be mutually agreed upon in writing by the City and the Consultant. The Consultant shall be compensated for all authorized changes in services, pursuant to the Request for Proposal, or if no provision exists, pursuant to the terms of the Change Order. ARTICLE 8 - EQUAL EMPLOYMENT OPPORTUNITY The Consultant shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Consultant shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to their age, race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: 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., The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices provided by the local public agency setting forth the provisions of this nondiscrimination clause. The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials, ARTICLE 9 - CHARTER. LAWS AND ORDINANCES The Consultant at all times during the performance of this Agreement, agrees to strictly adhere to all applicable Federal, State and Local laws, rules, regulations, and ordinances that affect or govern the work as contemplated under this Agreement. 12 ARTICLE 10 - LAW AND VENUE The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this Agreement. The parties agree that venue and jurisdiction for disputes regarding performance of this contract is with the District Court of Jefferson County, Colorado, . ARTICLE 11 - TERMINATION The Consultant acknowledges that his failure to accomplish the work as described shall be considered a material breach of the contract and entitle the City to consequential damages resulting from failures, acts, or omissions including but not limited to re-procurement costs, insufficient or improper work. The City and the Consultant agree that this Agreement may be canceled for cause, by either party with a fifteen (15) day prior written notice. The cost of completing the portion of the work which remains unperformed at the time of such termination, shall be deducted from the contract price before payment is made. The City may terminate the Agreement for its convenience upon thirty (30) days written notice. In the event of such termination, the consultant will be paid for all work and expenses incurred up until the time of such termination. All work accomplished by the Consultant prior to the date of such termination, shall be recorded and tangible work documents shall be transferred to and become the sole property of the City, prior to payment for services rendered. ARTICLE 12 - NOTICES IN WRITING For the City: Name, Department 7500 W 29th Avenue. Wheat Ridge, CO 80033 Phone 303- Fax 303- For the Consultant: EAST, WEST Phone 303- Fax 303- ARTICLE 13 - ASSIGNMENT AND SUBCONTRACTORS The duties and obligations of the Consultant arising hereunder cannot be assigned, delegated, nor subcontracted except with the express written consent of the City. The subcontractors permitted by the City shall be subject to the requirements of this Agreement, and the Consultant is responsible for all subcontracting arrangements and the delivery of services as set forth in this Agreement. The Consultant shall be responsible for the performance of any sub-consultant. ARTICLE 14 - SEVERABILITY To the extent that the Agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the Agreement, the terms of this Agreement 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. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. ARTICLE 15 -INTEGRATION OF UNDERSTANDINGS This Agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force and effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in writing and signed by an authorized representative of the City and the Consultant. ARTICLE 16 -ILLEGAL ALIEN COMPLIANCE ILLEGAL ALIENS - PUBLIC CONTRACTS FOR SERVICES. CRS 8-17.5-101 and Public Law 208, 104th Congress, as amended and expanded in Public Law 156, 108m Congress, as amended: 13 The Contractor certifies that he/she shall comply with the provisions of CRS 8-17.5-101 et seq. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien. The Contractor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, or (ii) otherwise will comply with the requirements of CRS 8-17.5-101(2)(b)(I). The Contractor shall comply with all reasonable requests made in the course of an investigation by the CO Department of labor and Employment. If the Contractor fails to comply with any requirement of this provision or CRS 8-17.5-101 et seq., the City may terminate this contract for breach and the Contractor shall be liable for actual and consequential damages to the City. ARTICLE 17 - AUTHORIZATION Each party represents and warrants that it has the power and ability to enter into this Agreement, to grant the rights granted herein and to perform the duties and obligations described herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in two (2) copies, each of which shall be deemed an original on the day and year first written above, OWNER ATTEST: CITY OF WHEAT RIDGE 7500 W 29TH AVENUE WHEAT RIDGE, CO 80033 (303) 234-5900 MICHAEL SNOW, CITY CLERK (Seal) JERRY DITULLIO, MAYOR APPROVED AS TO FORM: GERALD DAHL, CITY ATTORNEY CONSULTANT EAST WEST (CORPORATE SEAL) ATTEST: NAME SIGNATURE TITLE TITLE DATE PRINT NAME t4 CITY OF WHEAT RIDGE ADDENDUM #1 BILLBOARD IMPACT FEE STUDY DATE: MAY 27, 2008 TO: PROSPECTIVE OFFERORS PROPOSALS DUE: TUESDAY, JUNE 10, 2008 BY 4:00 P.M. OUR CLOCK The following information is provided to all prospective offerors and is hereby made a part of the above proposal. Proposers must acknowledge this Addendum with their submittal, a total of one (1) page. CLARIFICATION. ADDITIONAL INFORMATION. CHANGES: 1. Extend Proposal Due Date to: TUESDAY, JUNE 10, 2008 BY 4:00 PM 2. There is no public opening. 3. COPIES: Submit a total of 20 complete copies 4. Visit the City website for bid documents, addendum, project updates at www.cLwheatridge.co.us POINT OF CONTACT: Linda Trimble, Purchasing Agent, Itrimble@cLwheatridge.co.us or fax 303-234-5924 or phone 303-235-2811. Do not contact the user department or evaluation committee. Linda Trimble, Purchasing Agent Publish Dates: RMEPS OS/27/08 \1EM 3 , j ( ~.. _ r City of . ~Wheat&"'dge ~OMMUNI1Y DEVELOPMENT Memorandum TO: Mayor and City Council THROUGH: Randy Young, City Manager FROM: Ken Johnstone, Community Development Director DATE: June 16, 2008 SUBJECT: Draft Historic Preservation Ordinance Amendments At the June 2 City Council Study Session, City Council directed staff to draft an ordinance amending Chapter 26 ofthe Wheat Ridge Code of Laws to reduce or eliminate the role ofthe Wheat Ridge Historical Society in the City process of designating local historic landmarks. There was also some discussion regarding the possibility of creating a new City appointed board that would have a role in the City procedure of designating local historic landmarks. Given the short turnaround time, staff has not yet researched examples from other jurisdictions regarding historic landmark designation procedures and the various decision making bodies that might be involved. The ordinance that staff has drafted for preliminary consideration, eliminates the Historical Society from the local historic landmark designation process. If this modification to the role of the Historical Society is a priority of City Council, staff would recommend making that change in the ordinance in short order and consider any broader changes to the ordinance at a later date. A I st reading on an ordinance could be packaged for the June 23 City Council meeting. As an amendment to Chapter 26 ofthe Code, any ordinance will require consideration at a public hearing before the Planning Commission. The PC hearing could be scheduled for July 17'h. We welcome any questions or comments at the Study Session. CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2008 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING HISTORICAL LANDMARK DESIGNATION WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, in the exercise of this authority, the City Council has previously enacted Article IX of Chapter 26 of the Wheat Ridge Code of Laws (the "Code"), concerning the designation of historical landmarks; and WHEREAS, the Council finds and determines that the role of the Wheat Ridge Historical Society as set forth in Article IX of Chapter 26 is unnecessary; and WHEREAS, the Council wishes to make other conforming changes, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-903 of the Code is amended by the deletion of the following two definitions: 26.903. Definitions. Preso:v:::ltion speoiaiist. The f:ers:m under the sUIl3flfi&:e:-: ::f t~9--€ity manager who pr::;::z-res f:r3S:::itaP.sns f:lr city coun::il h::;::;tings at wri.3~ r.i::toric designati::r. 2f:IlIi3ati::r.s ar:: considered and serves as #1:: ::--;,t}.&! re::ipient of histsri:: I3fHJlT.arl, :Jesignatis:-: 3:-::J de'/elopment aw\iGsf},c:--,(T.- Wheat Ridgo Hiswrioal Sooioty. ,A, Colorado nonprofit corporation, recognizes 2S t23< 3*effij::t ;1:M-CUJF'!. t:J sec-1:s:1 301 (c)(2) ef ~t:e mtema! Revenue ~-c, ::r 2n~'-::f its su::cesscrs, ~t:e ;;Jeneral purpose of 'l.'hi::~ is ts gatt:3f--iRfs~rr.3tbp. :XlS:R ~;,ct~ric persons, events 3r.a ;::Ias:::: i:-: ~-r.::; City of Wheat Ridge, v.svide for historic preservatis:-:, ::::-:tJ t::> educate an: stimulat:: interest ir. :::..I::h persons, ever!.s zr.::J ilia::3&- Section 2. Section 26-904,8 of the Code is amended to read: B. The city, in collaboration with tho VVhsst Rijgo Historisa! Sesiety, in its discretion, may write recommendations for such grants or monies and assist property owners in applying for state or national historic designation. Section 3. Section 26-905 of the Code is amended to read: Sec. 26-905. Process for designation of historic landmark. A. Any individual structure or building within the city is eligible for designation as an historic landmark, B. Inclusion of any property in the National Register of Historic Places as provided in the National Historic Preservation Act of 1966 shall mean that the landmark is automatically designated a local historic landmark subject to the protections of this article. C. An application for historic designation may be submitted by the property owner, by a member ::f thJ Wheat Ridge Historical Society Board of directors or by a member of city council. The application shall be on a fGrfr ::: V:J"ided by the city preservation sp:s:a-::sl a:13 s~alll::s sul::mit:oo to the city preservation specialist 'Nhe sha~: f:r:1 rJtcr the applicatizn Is I~ WEEst Fli~s Hislsriza! S:JGiety Board of directors for review s-r.a recommendation, If the application is made by anyone other than the property owner, the COMMUNITY DEVELOPMENT DEPARTMENT eily preservation spss:a!::;:\ shall promptly send the owner a copy of the application via certified mail. The property owner may file a written objection to the application with the COMMUNITY DEVELOPMENT DEPARTMENT preservation specialist within thirty (30) days after the date the preservation specialist mails the owner a copy of the application. [\ In az:ordance 'I"~h 'I: :.M'B rulES &f:j byla'.\'s, th:: Wheat Ridge Historical Society boara Yo 3ir3sts~<: ::hall ~eview Ihs s-ppli:::3Iion fs~ ~::lariG design3tion ana sha!': ma:,J a recomm:;:r.aati:Jn to city couns~ :l>""; whether the city counci: s1sul1-gra:11 h:sl'Jric designation. Failurs af thJ Wheat Ridge Historical Society board of directsrs ts prs\"ide a recemmendation vd~':-: trd~' (:30) days of the dats that ths a-pp::3alisn is s3fll-lz it fzr r9fefFal shall. l::J deemed to be a recor.l;n~:lSat;zr. br senial. De. Upon receipt of a AN APPLICATION, rccommznaafbn from the Historioal Society bGara s~ dircc-torc, or after ths ;2assail:: ::f ;h:~;-{(2) S;:;}"5 ~rs:n tr.3-3atS ar. applizakr. !: ::Jnt to thz H;stJrical Sooiety for re~c-r;'i:.I, the COMMUNITY DEVELOPMENT DEPARTMENT preser:at1sn spcialist shall schedule a city council public hearing,-zr. :Ci.::h historic designation applioations. Notice of the public hearing shall be sent to the owner of the property via certified mail, shall be published in a newspaper of general circulation and be posted on the property by a sign, which conforms with the requirements of section 26-109C., at least fifteen (15) days before the date of the public hearing, StlffiTHE notice shall state the time and place of the public hearing, state that an application has been filed for historic designation of the strUcture and describe the location of the landmark by street address, legal description, map and/or other descriptive information sufficient to reasonably advise the public and/or any interested persons of the pendency of the application. If--tAs jOrsprty owner filss 2 IvffileA objeetion to ths 21'1'1i::ation, city csunsil sh&',! hold said h;:;.:;;kl:ij within forty five (45) days sf lh:: date of reoeipt of lhe reoommendation of lh:: ~i:l2~:3al Society board of direotors or within forty five (1E) sa:;s after ths pss3g8-9f thirty (30) days frsm lh::l date the applioati2~ i:: ::::nt to His\sris2-! Society for referral. Section 4. Section 26-906 of the Code is amended to read: Sec. 26-906. City council designation. A. Following public hearing, city council may designate by RESOLUTION ordinance historic landmarks in the City of Wheat Ridge to accomplish the purposes of this article. In making such designations, city council shall consider the ncommendation of the W':::~t ~~1g:: J-'i.::t3f:C:::-! ~:::::iety Board of directors, the testimony and evidence presented at the public hearing and the following criteria: 1. No structure or building shall be granted historic designation unless city council determines that thE:! property owner will retain the ability to earn a reasonable return on the property which is the subject of the application; and 2. The city council shall consider whether the structure is of particular historical, architectural, cultural or archaeological significance which: a. Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state or community; or b. Is identified with historic persons or with important events in national, state or local history; or c_ Embodies distinguishing characteristics of an architectural type inherently valuable for the study of a period, style, method of construction or of indigenous materials or craftsmanship; or d. Is representative of the notable work of a master builder, designer or architect whose individual ability has been recog nized. i-ffi' :)-. ~ ~::::::s1':m:::~::Ieg :::-e a-f: n:st:Jric lan8-~arl, t~. the '.'Vheat Ridge Histeriea~ ~:::::iety boar-d of directors. B. The city council may grant historic designation in the presence of one (1) or more of the criteria set forth in 2.a. - 2.de., above, but need not find that all"ofthose criteria are met. C. If an application for historic designation is submitted by either a city council member c~ ::: :cI'3fI'll3:::~ :::f ths Wheat Ridij::: Hil::t3fieal Society b:::3rl:! :;f directors and the property owner does not desire historic designation and so indicates by filing a written protest before the scheduled public hearing, historic designation shall be granted only upon a three-fourths vote of the entire city council. D. It shall be unlawful to demolish, destroy or undertake any major change to a structure which is the subject of a pending historic designation application until such time as city council has determined whether such designation shall or shall not be granted. E. The plar.~ir.ij COMMUNITY DEVELOPMENT department and the public works department shall maintain an inventory of all designated historic landmarks and all structures which are the subject of pending applications for historic designation. Upon receipt sf ar. ::<-j:j:I:::ation for either a permit or a request ts S:1~:"/ :::ut ::<-F',~'--fIeW constructic~, :::)1.3fatis~, ~::Jmoval or demolition cf a stnJ3llif::: sn s~ ::1 :::~ ~ist:ffi::: :~":13maFI: :::~ :::~ :1 :::t~:oi-ch~re which is the :::~Bj::ct of a j3':),"":::P.~;j :::j:pli::ation f::-r r.:::RaF:z designation, vr '" L:ming change or developm:::~t pl:::~ ~:::, ths pla:'m;r.;j COMM~~lITY DE'IELOPM=~lT :Jr public w:::~I,s :Iepartment :::r.c:~ f-orward such j3srrr.it aj:;:msatc!an, r::quest SF informatis~ ~-c t~s pr::servation 5J*l:::i:::~ist within ten (1~) working days. No permit shall be issued or request granted TO CARRY OUT ANY NEW CONSTRUCTION, ALTERATION, REMOVAL OR DEMOLITION OF A STRUCTURE ON OR IN AN HISTORIC LANDMARK OR ON A STRUCTURE WHICH IS THE SUBJECT OF A PENDING APPLICATON FOR HISTORIC DESIGNATION bj' ::::::i~ 3---p"'''maffis-before a landmark alteration permit has been issued by either It::: preservation specialist or city councilor until a determination has been made by city council not to grant historic designation. Section 4. Section 26-909 of the Code is amended to read: Sec. 26-909. Initial processing of applications for landmark alteration permits. A. Applications for a landmark alteration permit shall be submitted to the COMMUNITY DEVELOPMENT DEPARTMENT preservation SJ3€s::::~il::t an a ~G~:r. as pF:wided by the preservatisr. :::ps:~il::t and shall contain such information as required to assure full presentation of the facts necessary for proper consideration of the permit. B. Landmark alteration permit applications for minor changes shall be determined by the COMMUNITY DEVELOPMENT DIRECTOR proservalix ;;P:Jcialist in accordance with this article. Landmark alteration permit applications for major changes shall be determined by city council in accordance with this article. C. The COMMUNITY DEVELOPMENT DIRECTOR preservation S(36::i&!isl shall determine whether the landmark alteration permit application requests a "major change" or a "minor change" to the historic landmark. Section 5. Section 26-910 of the Code is amended to read: Sec. 26-910. Minor change landmark alteration permits. A. In determining whether to grant an application for a minor change landmark alteration permit, the COMMUNITY DEVELOPMENT DIRECTOR preservation cpecialist shall grant the permit if the requested alteration to a historic landmark would preserve, enhance or restore the exterior architectural features of the landmark or site, The proposed work shall not adversely affect the special character or special historical, architectural or archaeological nature of the landmark or site. B. IF THE OWNER MAY APPEAL THE .^,ny percon aggrieved by a determination of the COMMUNITY DEVELOPMENT DIRECTOR procer'.'ation CP'2S'?"st-to grant or deny a minor change landmark alteration permit may ::JI'I2::::! ::t:3A-Elet::~~'~::Ji.:m-to the city council within ten (10) working days of the date of the COMMUNITY DEVELOPMENT DIRECTOR'S procervation cpecialist's determination by filing an appeal with the office of the city clerk. Such apps3-! ::h:::J), ::tats th:: ;;r:Junds for appeal, Within thirty-five (35) days of the date the appeal is received iA-#le office of the eity ~:::~:::asr, the city council shall set a date for a hearing efI [;Ueh appeal, which hearing shall be held no later than sixty (60) days after the date the appeal is received. in the effiee of the eity manager. The city council shall have the power to overrule the COMMUNITY DEVELOPMENT DIRECTOR'S precervation cpecialict's decision by a vote of a majority of the city council. The determination of the city council following the appeal hearing chall bs :::su'3€l--".:ithin f:Jrty five (45) days of the hearing and shall be aTHE final determination OF THE CITY.--.fef purpocec of Rule 1 De, Coler-ado Rulec of Civil Proeeduro. Section 6. Section 26-911 of the Code is amended to read: Sec. 26-911. Major change landmark alteration permits. II,. Tb eity preservation Sp'2s'::Jfsl shall sehedule the p;;~m:t ::pf>::::atien for a major ehangs sn th:: next a'/ailable agenda of the Wheat Ridge Hictorical Soeiety beard of diroe~s~::. Tr.s I2rs::::rvation speeiali::t ::~3-!! F::Jtify the fl::~m:t :::I'I'lis2<,),: sf t1':.J date ef th:: ~'::t:Jrieal soeietj board of direders mooting at whish lhs spplisatsn sha',~ EO considored via first 312ss mE;!. at IS2S1 ~:~3eA-(13) i&~'5-jnfsrs lh:l dato of tho mooling. B. N. tho conclusion of tho histsrisa-~ ss:ioty board of directors mooting at which ths sssi:Jty considys 2~ 2pr;lisaf!.afl-fo,- i: l.:h,::lma;':, "':~on pcrt'RH to mailS 2 "mEj:Jr changs," lhs hisl3fis&! ss:ioty board of diresl2~s S~21i forward to city counsil 2 r:commondatisn il :lith or grant or dony such pormit. AG. The city council shall schedule a hearing on 5lffiA--major change landmark alteration permit applicalionS, Notice of the hearing shall be as set forth in section 26-905De., except that the notice shall state that an application has been filed for a major change landmark alteration permit. Such notice shall be sent to the permit applicant via first class mail and shall be published as in section 26-905De. Sf). During the city council hearing sn lh;; rr.i:jBf-sha-r:gs L. .~" ,,,,* alle~2tis~ psrmil &;Jplication, dty council shall consider tOO rocommondation of th:: ~:sl:?~':=.~ ss:ioty, the evidence or testimony presented at lh:l hoaring, and whether the proposed work will materially adversely affect the special character or special historical, architectural or archaeological nature of the historic landmark. City council shall make its determination to grant or deny the major change landmark alteration permit within sixty (60) days of the date of the hearing.--afl3 shzJ,~ n::Jtify tho applicant s~ ils \'ele-w:l~:~ Wtoon (15) days sf lhs iats sf Ih:J vole in '::riting, including tho major chango lansrr.a-rl, a',(srafbn pormit if tho city council has votod to gr-ant such prmil. Section 7. Section 26-913 ofthe Code is amended to read: Sec. 26-913. Removal of historic designation. A. An application for removal of historic designation may be submitted by the owner of the property which holds such designation, by a membor of tho 'JI!hoat Ridg: ~:sl:Jrical Society board of dir-octors or by a member of city council as in section 26-905C. The application shall be processed in the same manner as in section 26-905C. through 26-905De., and section 26-906 except that the criteria for removal of historic designation shall be that: 1. The property has ceased to meet the criteria for historic designation because the qualities which caused it to be originally listed have been lost or destroyed; 2. Additional information shows that the structure or property no longer meets any of the criteria for historic designation contained in section 26- 906. S. Properties removed from the state register or the National Register of Historic Places shall not be considered to have been automatically removed from the city's historic inventory without formal action of the city council. C. If either a city council member 3~ ::: m::mber of the 'Nheat Ridge Historical Sooiety board of directors submits an application for removal of historic designation and the property owner does not desire removal of historic designation and so indicates by filing a written protest before the scheduled public hearing, historic designation shall be removed only upon a three-fourths vote of the entire city council. Section 8. Section 26-915 ofthe Code is amended to read: Sec. 26-915. Violations and penalties. A. Any person who is an owner as defined in section 26-903 or a manager of property subject to any provision of this article shall be responsible for compliance with all provisions of this article. Historic designation may be subject to a review for loss of designation as a result of a conviction of the owner for a violation of this article. B. Any person violating any provision of this article shall be subject to a fine of one thousand dollars ($1,000.00) or by imprisonment not exceeding one (1) year, or by both such fine and imprisonment. Each and every day during which a violation continues shall be deemed a separate offense and shall be prosecutable and punishable as a separate offense. C. The imposition of any penalty hereunder shall not preclude the city aF any proper psrS3r. from instituting any proper action or proceeding to require compliance with the prOVisions of this article, In case any building or structure is erected, constructed, externally reconstructed, externally altered, added to or demolished in violation of this article, the city or any J*9fJ2r ;;::rs:m-may institute an appropriate action or proceeding to prevent any unlawful erection, construction, reconstruction, exterior alteration, addition or demolition. Section 9. Severabilitv: Conflictina Ordinances Reoealed. If any section, subsection er clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 10. Effective Date. This Ordinance shall take effect fifteen (15) 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 , 2008, 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 , 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2008. SIGNED by the Mayor on this day of .2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: