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HomeMy WebLinkAbout06/13/2005 6:30 p.m. Pre-Meeting 0, 11 I r lUr) ,Lit] dJ-t- J{.o')<J ~\ ~ = llJ ~ ~\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 13, 2005 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF May 23. 2005. AND May 27,2005 PROCLAMATIONS AND CEREMONIES CITIZENS' RIGHT TO SPEAK 1 Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2 Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard APPROVAL OF AGENDA Item 1, Consent AQenda: A. 2005 SCHEDULED FLEET REPLACEMENT PURCHASE OF ONE TANDEM DUMP TRUCK & CHASSIS, DUMP BODY, PLOW PACKAGE, LIGHTING & HYDRAULICS, TWO COMBINATION SPREADER/SPRAYER DE-ICER UNITS & ONE "V"-BOX BROADCAST SPREADER UNIT B ACCEPTANCE OF A WARRANTY DEED FOR PARCEL AT 6761 WEST 37TH PLACE. C APPROVAL FOR THE USE OF BANNERS FOR THE 36TH ANNUAL CARNATION FESTIVAL AND PARADE D MOTION TO APPROVE AWARD OF RFQ-05-12 GIS MASTER PLAN/DATUM CONVERSION TO NOLTE ASSOCIATES IN AN AMOUNT NOT TO EXCEED $24, 05000 AND FARNSWORTH GROUP IN AN AMOUNT NOT TO EXCEED $24,500 00 CITY COUNCIL AGENDA. JUNE 13, 2005 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Item 3. Item 4. Item 5. APPROVAL FOR THE REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING COUNCIL BILL 08-2005 AN ORDINANCE AMENDING SECTION 16- 127(e) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING SALE OF ALCOHOL TO MINORS COUNCIL BILL 09-2005 AN ORDINANCE REPEALING AND REENACTING SECTION 16-103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING UNREASONABLE NOISE AND DISTURBING THE PEACE 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 DECISIONS, RESOLUTIONS AND MOTIONS Item 6. Item 7. RESOLUTION 28-2005 A RESOLUTION AMENDING THE FISCAL YEAR 2005 BUDGET FOR THE PURCHASE OF BROADCAST AUTOMATION AND CONTROL SYSTEM, AND EQUIPMENT FOR OPERATION OF THE GOVERNMENT ACCESS CHANNELS RATIFICATION OF MAYORAL APPOINTMENT TO THE HOUSING AUTHORITY CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT @~w @@(W~@~(S ~~~(W11[g@ CITY OF WHEAT RIDGE, COLORADO Mav 23. 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, Deputy City Manager Patrick Goff; City Attorney, Gerald Dahl; Director of Community Development, Alan White, Director of Public Works, Tim Paranto, Director of Parks and Recreation, Joyce Manwaring, staff; and interested citizens APPROVAL OF MINUTES OF Mav 9, 2005 Motion by Mr DiTullio for the approval of the Minutes of May 9,2005 as amended, seconded by Mrs Sang, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny read Proclamation for Cancer Survivors Day - June 5, 2005 CITIZENS' RIGHT TO SPEAK There was no one present to speak. Item 1. Consent AClenda: 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 MINUTES: May 23, 2005 Page -2- C RESCHEDULE CITY COUNCIL STUDY SESSION SCHEDULED FOR JULY 4,2005 TO WEDNESDAY, JULY 6,2005 Consent Agenda was introduced and read by Mr DiTullio Mrs Sang asked to have Item 1 C pulled from the Consent Agenda. Motion by Mr DiTullio to approve the Consent Agenda Items 1A and 1 B as printed, seconded by Mrs Adams, carried 8-0 Motion by Mrs Sang to cancel the July 4,2005 Study Session, seconded by Mrs Adams, carried 7-1 with Mr Gokey voting no PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Mayor Cerveny announced that the public hearings will be combined for Items 2A, 2B and Item 3 She described the order of testimony for these items Item 2. 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) Item 3. 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) Mayor Cerveny opened the public hearing Council Bill 06-2005 was introduced on second reading by Mr Stites City Clerk assigned Ordinance No 1344 CITY COUNCIL MINUTES: May 23, 2005 Page -3- Council Bill 07-2005 was introduced on second reading by Mr Stites City Clerk assigned Ordinance No, 1345 Item 3 was introduced by Mr Stites Alan White was sworn in by the Mayor and presented the staff reports on Items 2A, 2B , and Item 3 He submitted the case files and packet materials, zoning ordinance, digital presentation and comprehensive plan for all items for the record. Mayor Cerveny accepted Representatives of the applicant were sworn in and testified before the Council Kevin Rhodes, Director of Real Estate for Cabela's, was sworn in by the Mayor and spoke on behalf of Item 2.B relating to the zoning on their outline development plan He stated they will continue to study the traffic issue as it relates to this property They will come back for a final development plan at a later date They have worked very hard in involving the community by having public hearings, developing a website, answering a hotline number They are trying to address the issues as they are being presented by the public as they are coming forward Neil Jaquet, 17755 W 32nd Avenue (business address), Director of Water Resources and Real Estate, Coors Brewing Company, Golden, Colorado, was sworn in and spoke on behalf of Item 3 , regarding the final development plan for the water storage property He detailed their plans for water storage Members of the public were sworn in and testified Cheryl Brungardt, 5621 W 36th Place, spoke in favor of Cabela's coming to Wheat Ridge and the benefits we will derive This will put us on the map and be a win-win for all of us Kate Newman, representing Jefferson County, distributed a letter outlining the County's concerns that approving grading as a use creates an entitlement for the proposed commercial uses Michael Coen, 13146 W 33rd Avenue, expects twice the traffic and would like to see the zoning addressed after the traffic situation is finalized He likes Cabela's and thinks it's a great thing for the neighborhood, but he wants to see it done right. Jan McQuade-Sturm, Board member of the Applewood Valley Association, stated that they have grave concerns about the negative impact this development will have on the community if it is rushed rather than done properly They resent directing regional traffic onto neighborhood streets It has never been their intent to make Cabela's go away, rather they don't want the surrounding communities to be victimized by opening the store in 2006 CITY COUNCIL MINUTES: May 23, 2005 Page -4- Carol Taylor, 9750 W 36th Avenue, spoke on behalf of herself and her husband James Taylor Although she prefers open space to development, she is convinced that Cabela's is the best choice we can make and when finished this site will not only be the shining star for the City of Wheat Ridge and its desperately needed economic revival, but rather than just a big box anchor or yet another run of the mill shopping center, Cabela's will be a destination spot drawing people from all over the State and beyond, providing sportsmen with a top of the line shopping experience and people from the surrounding communities with an attraction to visit and enjoy Jay Scruggs, 3082 Mountain Shadows Drive, testified in support of the project. Glenn Bloomer, 4764 Swadley Street, wholeheartedly supports Cabela's He has visited a lot of their facilities. They are an excellent neighbor, as well as Coors We need the tax base Ron Bay, 7780 W 38th Avenue, hopes that Council will approve these items and he can leave smiling Staff and representatives of the applicant answered questions from members of the City Council Carolynne White of Brownstein Hyatt & Farber, PC, and land use counsel for the applicant, was sworn in and also answered questions Mayor Cerveny closed the public hearing City Clerk read the title for Item 2A. Motion by Mr Stites to approve Council Bill 06-2005 (Ordinance No 1344) and 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 (D) of the Wheat Ridge Code of Laws, Seconded by Mrs Adams and Mrs. Sang, carried 8-0 CITY COUNCIL MINUTES: May 23,2005 Page -5- Ms Anderson read the title for Item 2B Motion by Mr Stites to approve Council Bill 07-2005 (Ordinance No 1345) 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 (D) 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 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 rezoning will not create an isolated zone district. Seconded by Mrs Sang and Mrs Rotola, carried 8-0 Ms Anderson read the title for Item 3 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 With the following condition 1 The 30 foot setback on the southern property boundary of the subject property shall be maintained until such time as final site work, including landscaping and fence construction, is commenced Seconded by Mrs Rotola, carried 8-0 Mayor Cerveny called a recess at 8 30 P m The meeting reconvened at 8 43 P m CITY COUNCIL MINUTES: May 23, 2005 Page -6- 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) (Continued from May 9, 2005) City Clerk Pam Anderson read the title of the item and the executive summary Ordinance No 1343 had already been assigned at the meeting of May 9, 2005 Tom Abbott, 10780 West 34th Avenue, member of the Board of Adjustment, submitted and read a letter into the record regarding his opposition to the proposed ordinance Janet Bell, 10095 West 35th Avenue, member of the Board of Adjustment, spoke in opposition to the proposed ordinance She suggested we take a look at the Comprehensive Plan area by area, as well as land development regulations Mr DiTullio asked Ms Anderson to read into the record Item 3 of the Study Session Minutes of January 31, 2005 Motion by Mr Schulz to postpone indefinitely Council Bill 05-2005 for the following reasons 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 'h years 3 Applicants denied by failure to receive a % majority vote have not voiced their concern for the voting rule nor have they requested Council pursue a change to the current rules 4 There is no compelling reason to amend the voting requirements at this time, seconded by Mr DiTullio, carried 8-0 ORDINANCES ON FIRST READING 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 Item 5. Council Bill 10-2005 was introduced on first reading by Mr Gokey Motion by Mr Gokey to adopt Council Bill 10-2005 on first reading, order it published, public hearing set for Monday, June 13, 2005 c' 7 00 p m. in the City Council Chambers, and that it take effect 15 days after final publication, seconded by Mr Schulz; carried 8-0 CITY COUNCIL MINUTES: May 23, 2005 Page -7- Motion by Mr DiTullio that staff explores and brings forth an amendment which disburses collected fines to the police department and the victim, seconded by Mr Stites, carried 6-2 with Mrs Rotola and Ms Berry voting no Mr DiTullio stated that this was not an amendment that would be published or an amendment that would go in the ordinance, it's just an informational piece in the packet that staff could bring forth and if they thought it was a good idea and made the recommendation that could be an amendment the night of the second reading If they don't think it is a good deal then we don't make the amendment on second reading CITY ATTORNEY'S MATTERS Mr Dahl asked that an executive session be held regarding pending threatened legislation ELECTED OFFICIALS' MATTERS Ms Anderson announced that Mayor Cerveny received an award from the Senior Resource Center and the Jefferson County Center of Aging for "2005 Elected Official of the Year" for all the work she has done over the years for seniors and their issues 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 Mrs Adams, carried 8-0 Motion by Mrs Rotola to go into Executive Session for a conference with the City Attorney, City Manager and appropriate staff under Charter Section 57 (b) (1) and Section 24-6-402-(4) (B) C R.S , specifically legal advice regarding 1 the Prospect Valley Parks and Recreation District and 2 threatened litigation She further moved to adjourn the Council Meeting at the conclusion of the Executive Session, seconded by Mrs Sang, carried 8-0, EXECUTIVE SESSION WAS HELD Meeting adjourned at 9'56 p m APPROVED BY CITY COUNCIL ON JUNE 13,2005 BY A VOTE OF _ to_ Lena Rotola, Council President The preceding Minutes were prepared according to S47 of Robert',; 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 CITY COUNCIL MINUTES: May 23, 2005 Page -8- listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. al~~_mOO@I~. CITY OF WHEAT RIDGE, COLORADO Municipal Building 7500 W. 29th Avenue Friday, May 27, 2005 Mayor Cerveny called the meeting to order at 12 32 pm, City Council members present: Karen Berry, Jerry DiTullio, Wanda Sang, Dean Gokey, Mike Stites, Larry Schulz, Lena Rotola, Karen Adams was absent due to family matters, Also present: Deputy City Manager Patrick Goff; City Attorney Gerald Dahl, City Clerk Pam Anderson, Director of Community Development Alan White Item 1. Discuss pending litigation for inclusion within the Prospect Recreation and Park District of certain real property located within the City City Attorney Gerald Dahl briefed City Council on the agenda item regarding the inclusion lawsuit brought by Prospect Valley Recreation and Park District to include property that has been annexed into the City into the recreation district. Motion by Mr DiTullio to go into executive session for a conference with the City Attorney under Charter Section 57 (b)(1) and Section 24-6-402 (4) (b), C R.S , specifically concerning litigation brought to include certain property into the Prospect Park and Recreation District. 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, carried 7-0 Adjourned to executive session at 12.34 p m Meeting reconvened at 1.27 p m Motion by Mr Gokey to approve the filing by the City of the motion to intervene and oppose the inclusion within the Prospect Valley Recreation and Park District of property annexed in connection with the Coors/ Cabela's annexation and further to direct its staff and attorneys to bring forward the products of any negotiations between the District and the property owners in that area with a view to allowing the City to continue and foster discussions between those property owners reserving to the City the right to determine whether it will continue its opposition of the inclusion or not; seconded by Mr Schulz; Mrs Sang would like it known for the record that we have been assured that we have other options in the future Mr Dahl stated that this motion does not foreclose the ability of the City to aggressively oppose the inclusion or withdraw is opposition It allows the City to CITY COUNCIL SPECIAL MEETING MINUTES: May 27,2005 2 remain in the case while the parties continue to talk about the ways in which the District could be involved Motion carried 6-1, with Ms Berry voting no Meeting adjourned at 1 32 P m APPROVED BY CITY COUNCIL ON BY A VOTE OF to Lena Rotola, Council President PRESS RELEASE WHEAT RIDGE POLICE DEPARTMENT 7500 W 29'" A VENUE WHEAT RIDGE, CO 80033 For Immediate Release Date: Contact: Phone: Fax: June 13,2005 Jack A. Chism 303-235-2907 303-235-2949 05-6943 Attempted Fraud OnJune 9, 2005, Wheat Ridge Police Department received a call from an elderly female. The female had been contacted by a W- M, 20's, short dark hair, wearing a dark blue shirt with the name "John" on it The subject was driving a new dark colored extended cab SUV. . , ~ i (\lCLI/I. IA",-~V\ -+-lcd ~t. r { f'~,Uv.J.:.r..l -+tw 0. \~ itl\.V The male party told the elderly femalff',that she would be required ) " to pave the area between her fence and the street, currently in gravel. ~nale told the f~ftiale that since she had rock for a base the charge would be $125.00 instead of the normal $550.00. 'Rre 5'k female told the tIft~e she would verify that with the City and didn't sign the contract, th~ siiDject had with him. This elderly female could have been a victim of fraud had she not !'eC~l 'Su c.'(~ +1 OlM h C' h h . u~a ~emmAn "e.,nse. T e lty as no suc program ill place and these people do not represent the City. If anyone should approach you, the Police Department requestY()u contact 911 and report the incident irmnediately. This was the third such case in one week. The males~ i-Itrmally contact the elderly citizen working in their yard. Do Not Fall for This Scam!!!!!!! \'0, fcc,,-- l( VVI- >-,- + Au "'-0\ ..ell (". -! Lv, j\<.<"-V .I ) :--<" cll>.~ fC0.'.v-Cf L,~V G:1 L\e,/lL ttLn~ ~deMLc,----- - C\-tl Z0~lLJ ~t 11) OSf~~ 3570 Miller Street Wheat Ridge, Colorado 80033 May 25, 2005 To The Wheat Ridge City Council, A previous appointment prevents me from addressing you in person, so I am asking that this letter be read into the minutes of your meeting tonight. Recently the City of Denver passed an ordinance banning pit bulls within the Denver city limits. Owners of pit bulls have to get rid of the dogs or face very stiff fines. At the same time, the newspaper reports indicated Table Mesa Animal Shelter in Wheat Ridge was the only area shelter accepting the- pit bulls that have to be relocated or adopted. I am a dog lover and would not criticize anyone for his or her choice of pet,. but there is a reason Denver has banned this breed. I am very concerned that Wheat Ridge needs to take action now to prevent these adult pit bulls from being "adopted" in our neighborhoods. Perhaps a State-wide ban is In order. but that would take time that I don't think we have. We can't wait until a tragedy happens and then take action. I ask the City Council to be pro-active and consider banning pit bulls In Wheat Ridge as well. ITEM NO' I A REQUEST FOR CITY COUNCIL ACTION [~ COUNCIL MEETING DATE. June 13,2005 TITLE: 2005 SCHEDULED FLEET REPLACEMENT: PURCHASE OF ONE TANDEM DUMP TRUCK & CHASSIS, DUMP BODY, PLOW PACKAGE, LIGHTING & HYDRAULICS, TWO COMBINATION SPREADERlSPRA YER DE-ICER UNITS & ONE "V"-BOX BROADCAST SPREADER UNIT. D PUBLIC HEARING [gI BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date _) D ORDINANCES FOR 2ND READING QuasI-Judicial D Yes [gI No ~~~L ----- ./ / c7~ / j-~ " .' Director of Public Works cI~r1r EXECUTIVE SUMMARY: The 2005 Budget Includes replacement of a 1993 dump truck with snow plow and sand spreader The City has received a $116,000 Federal grant to upgrade three of the City's deicer spreaders, Including the unit scheduled for replacement this year. The Colorado Department of TransportatIOn (CDOT) has approved purchase ofthe deicer units at this time to allow enhanced snow and ice control this coming WInter. Staff recommends the purchase of the followmg vehIcle and equipment utilizing the State bid system. One (1) new model year 2005 InternatIOnal cab and chassis with snow plow package and spreader/sprayer deicer umt. This vehicle WIll replace one (l) existing high mIleage 1993 International tandem dump truck and chassis with snow plow package (unit 277) in the Operations Division. Umt 277 wIll be sold at auction. The combined purchase cost for the 2005 InternatIOnal cab and chassis from McCandless International Trucks of Colorado is $63,434 00. The combined purchase price of one Henderson Mark -One dump body, snow plow package, two new combination spreader/sprayer de- Icer umts, one new "V"-Box broadcast spreader unit, Force America lighting and hydraulics as supplied from Layton Truck EqUIpment of Colorado is $119,350 00 The vehicle and all eqUIpment are aVaIlable through the Colorado Department of Transportation (CDOT) Bid Awards #07051 HAAO I M, and #06530HAAO I M respectIvely COMMISSION/BOARD RECOMMENDATION: N/A ST A TEMENT OF THE ISSUES: The twelve year-old 1993 International dump truck budgeted for replacement thIS year was originally scheduled for replacement in 2004 The truck currently has been dnven 86,000 miles and has extensIve rust on its chassis frame and box floor. This truck replacement meets the City's vehicle replacement guidelines. The Federal grant awarded to the City provIdes for replacement of the older drop sandmg equipment wIth state-of-the-art deicing equipment. The grant is scheduled for 2006, but CDOT has approved an agreement for early purchase of the equipment with reimbursement to the City when funds are available in 2006 AL TERNA TIVES CONSIDERED: Defer purchase until 2006. FINANCIAL IMPACT: The funds for the purchase of the 2005 InternatIonal cab, chassis, dump body, snow plow package and alllightmg and hydraulics are budgeted in the 2005 Public Works Department General Fund budget, account number 01-303-800-807, Fleet Replacement. Funds for the purchase of two new combination spreader/sprayer de-icer units and one new "V" -Box broadcast spreader unit are budgeted in the 2005 Public Works Department General Fund budget, account number 01-303-800-809, Other Major Equipment. All funds shall be emcumbered in the amount of the bids. 80% of the costs of the de-icer units and broadcast spreader, $66,080, will be reimbursed by CDOT in 2006 RECOMMENDED MOTION: "I move to approve the purchase of one new model year 2005 InternatIonal cab and chassis from McCandless International Trucks of Colorado, Aurora, Colorado, in the combined total amount of $63,434.00 I further move to approve the purchase of one dump body, snow plow package, two new combination spreader/sprayer de-icer units and one new "V"-Box broadcast spreader unit and alllightmg and hydraulics, from Layton Truck EqUIpment of Colorado Springs, Colorado m the total, combined amount of$119, 35000 ........ ....... ,-,u..c...uf'" p. 1 Page: 1 LAY TON T RUe K E QUI P MEN T ******************************************* 2425 E. Platte Place Colorado Springs, CO 80909 Ph: 719-597-0400 or 800-332-5021 Fax: 719-597-2122 PRO P 0 S A L ********************** 99990 Contact: GREG KNUDSON CITY OF WHEAT RIDGE 11220 WEST 45TH AVE. Quote No Quote Date Expire Date: Sales Rep Phone No 94860 11/17/04 12/17/04 416 303-205-7601. WHEAT RIDGE CO 80033 Make : Model: Year : 0 Wheelbase Cab-Axle a o Body Paint: VIN Trans Factory Ord: -----------------.----------------------.------------------------------------------------------ (1) COOT AWARD HAA 05 - 008 11M PURNISH & INSTALL: SPREADER/ SPRAYER COMBO ~~.~ 304SS V-BOX (9 SPILL SHIELDS SELF-FOLDING LEG STORAGE SYSTEM REAR ACCESS LADDER CHAIN IDLER ADJUSTMENT EXTENDED TO RE".R CHAIN IDLER GREASE TUBES EXTENDED TO REAR RATCHET TIE DOWNS TRUNNION LATCH BAR TOP GRATE SCREENS INVERTED VEE CONVEYOR SHIELD TELESCOPIC SPINNER CHUTE NATURAL STAI~~ESS STEEL FINISH NON-STAINLESS PARTS PAINTED BLACK 800 GALLON CAPACITY POLY SADDLE TANKS 3 - LANE DIRECT LIQUID SPRAY BOOMS P ,,n.tf\ \ c- q PRE-WET SPRAY BAR INSIDE ,sPINNER CHUTE / e '/0\ \. MODIFY EXISTING HYDRAULIC SYS1EM FOR COMBO ONIr $ 9,725.00 SSC-S100 GROUND SPEED ELECTRONIC CONTROLS (2) DUAL SPINAVEYER VALVES PLUMBED TO REAR PWM CONTROL OF CONVEYOR/SPINNER/DIRECT/PRE_WET INSTALL TIE DOWNS ON EXISTING BODY FOR ABO\~ SANDER $ 225.00 INSTALL ELECTRICAL PLUG FOR AE~VE SANDER LIGHTS $ 150.00 TOTAL PACKAGE PRICE UNIT ~UC'(\ f)wcl{) CY) $22,575.00 PER (1) (1) (1) $32,675.00 OPTIOllAL: 7" DIAMETER AUGER CONVEYOR ILO PIN"I"LE CHAIN (VERY LOW MAINT) ADD $1,325.00 NOTE: ABOVE PRICES ARE BASED ON CDOT STANDARD SPECS- DEDUCTIONS ARE AVAILABLE FOR "STANDARD" OEM PRODUCT ILO CDOT SPEC mitted ~ ~ A L7 ~ J. By: ~~ b{} ~c~ePted By: , Date: Dee 29 04 05:35p p. 1 LAY TON T Rue K E QUI P MEN T ******************************************* 2425 E. Platte Place Colorado Springs, CO 80909 Ph: 719-597-0400 or 800-332-5021 Fax: 719-597-2122 Page: 1 PRO P 0 S A L *~.*******.*.*.******* 99990 Contact: GREG KNUDSON CITY OF WHEAT RIDGE Quote No Quote Date Expire Date: Sales Rep WHEAT RIDGE CO 95997 1.2/10/04 01/09/05 4J.6 Make : Model: Year : 0 Wheelbase Cab-Axle o o Body Paint: VIN Trans Factory Ord: PER CDOT AWARD HAA OS-OOB MM FURNISH & INSTALL: ll) LIGHTING PACKAGE -STANDARD DUMP BODY LIGHTING IFMVSS 108) -(2) WHBLEN STROBES W/ SWIVEL BRACKETS ON CIs -(2) WHELEN REAR OBROUNO STROBES ILO STD (1) HENDERSON MARK-ONE "XDA" ASPHALT DUMP BODY -lS'L X 44" SIDES X 52" SLOPED TAILGATE -1/4" AR400 ONE PIECE FLOOR W/ 4" SIDE RADIUS -3/16" AR-400 SIDES AND TAILGATE -AIR TAILGATE LATCH W/ ELECTRIC OVER AIR CONTROL -GREASLESS REAR HINGE W/ STAINLESS STEEL PINS -NITRIDED TRUNNION MOUNT hOIST (SMALL DOGHOUSE) -I-BEAM LONGSILLS ILO FORNED -FOLD-DOWN GRIP STRUT LADDER ON STREETSIDE FRONT OF BED -SHOVEL HOLDER AT STREETSTDE FRONT -22" X 78" CAB SHIELD (HALF-CAB) -WOOD BANG BOAlIDS (UNPAINlED) -PAINTED BLACK W/ SIKKENS URETHANE -(2) PAIR MUD FLAPS -DEDUCT PLATE HITCH & D-RINGS (1) AERO E-Z PULL TARP SYSTEM Wi ASPHALT TARP ILO STD (1) FORCE AMERICA HYDRAULIC SYSTEM -COMMAND-ALL 5100 ELECTRONIC CONTROLS -CONSTANT MESH PTO FOR ALlISON AUTO -DIRECT MOUNT LOAD SENSE F~ -V!T-35 VALVE ENCLOSURE/RESERVOIR W/ RETURN LINE FILTER -PLUMBING FOR DUMP BODY, SANDER, & SNOW PLOW ILO STD (1) HENDERSON SNOWfoe REVERSIBLE SNOW PLOW -10'L X 42"H STEEL MOLDBOARD W/ INTEGRAL SHIELD -ADJUSTABLE COMPRESSION SPRING FULL TRIP -12" RUBBER SNOW DEFLECTOR -HUSTING SNOW PLOW HITCH (34") -FENDER MOUNT PLOW LIGHTS CERTIFIED & DELIVERED UPON COMPLETION mitted By:-l~.f ,.4p~ ~ Accepted \:/ '- By, Date: $ 4,925.00 $( 425.00) $(1,225.00) $15,075.00 .$ 125.00 .$ 75.00 $ 250.00 $ ( 925.00) $( 975.00) $26,250.00 $(9,750.00) $ 6,425.00 $ 500.00 $40,325.00 11,li,200~ Ii ~2 FAX i1959i2122 LAYTON TRFCK 14:002 Page' 1 LAY TON T R U C K E 0 U I P MEN T ***********.***..***************.....****** 2425 E. Platte Place Colorado Springs, CO 80909 Ph: 719-597-0400 or 800-332-5021 Fax: 719-597-2122 PRO P 0 S A L .....***.*.*.....*...* 99990 Coneace: GREG KNUDSON CITY OP WHEAT RIOGE 11220 WEST 45TH AVE. Quoee No Quote Date Expire Date: Sales Rep Phone NO 94855 11/17/04 12/17/04 416 303-205-7601 WHEAT RIDGE CO 80033 Make : Model: Year : 0 Wheelbase Cab-Axle o o Body Paint: VIN Trans Factory Ord: .--~-------------------------------------~---------------------------------.----------.--------- FURNISH . INSTALL: (1) V-BOX SPREADER PER CDOT AWARD HAA 05-008 MIl! $8,925.00 10'L HOPPER ILO 14' $( 450.00) 30465 CONSTRUCTION $4,250.00 SBLF-POLDING LEG STORAGE SYSTEM REAR ACCBSS LADDER CRAIN IDI..U ADJUS'rMENT E'..:T=VED TO REA1l. CRAIN IDLER GREASE TUBBS EXTE:ND~ TO REAR RATCHET TIE DOWNS TRUNNION LATCH BAR TOP GRATB SCREENS INVERTIm VEl!: CONVEYOR SHll!:LD TELESCOPIC SPINNER C~JTE NATURAL STAINLESS STEEL FINISH NON-STAINLESS PARTS PAIN':'ED BLACX) (1) MODIFY EXISTING HYDRAULICS FO~ DUAL FUNCTION BANDER $ 575.00 (1) INSTALL TIE DOWNS ON EXISTING BODY FOR ABOVE SANDBR $ 225.00 (1) INSTALL ELECTRICAL PLUG FOR ~OVE SANDER LIGHTS $ 150.00 TOTAL PACKAGE PRICE $l3,6"15.00 OPTIONAL: 7ft DIAMETER. AUGER CONVEYOR ILO P\.NTLB CHAIN (VERY l.OW MAINT) ADD $9:il5. 00 NOTE: ABOVE PRICES ARE :BASED C', CDOT STANDARD Si'ECS - DEDUCTIONS ARE AVAlLAllLE POR "STANDARD" OEM i'RODtl.:'1' ILO CDOT SPEC ubmitted Ely' 6)d ~ccept:e::1 By: Date: I further move that all costs associated with these purchases be paid from account numbers 01-303-800-807 and 01-303-800-809, and that these funds be encumbered in accordance with Ordmance #787, 1989 Series." or, "I move to deny the fleet replacement purchase for the following reason(s) Report Prepared by: Reviewed by' Greg Knudson, Operations Manager Tim Paranto, Director of Public Works Attachments: I Fleet Replacement Guidelines 2. Purchase Adjustment Letter from McCandless International Trucks of Colorado 3 State of Colorado Pnce Agreement for Tandem Dump Truck Chassis 4 State of Colorado Pnce Agreement for Dump Body, Plow, Snow & Ice CombmatIon Spreading Unit 050613 05' Flcct_StatcBidApproval for Tandem Inserts ;~~.~~;.~ OPERATIONS DIVISION Ow 01 Wheat Ridge Depectmenl cl Public ~iOiks FLEET REPLACEMENT GUILDLlNES The current fleet replacement guidelines are based upon the age and mileagelhours of the unit. Old age or high mileagelhours does not automatically justify replacement, but instead triggers an investigation into all reasons for replacement as noted below' . High and/or rising maintenance/repair costs. . High and/or rising operating cost (fuel economy). . Excessive downtime. . Past useful service, technological, or economical life (see definitions below) . Parts/service no longer available. . Federal, state and/or local requirements render unit not legally usable. . Overall mechanical condition. . Overa" physical appearance. . User distrust and/or dissatisfaction due to perceived unsafe condition of vehide based upon high mileage. . Poor utilization (unit too big, small for job, seasonal use only, etc.) If possible, a unit that has no other deficiencies other than poor utilization will be moved within the fleet rather than deleted. DEFINmONS Service Ufe: Refers to the amount of time a unit is capable of operating and rendering service. This life may be indefinite if the unit receives adequate maintenance and worn out parts are dutifully replaced. Technological Life: Represents the relative productivity dedine of a unit when compared to a newer unit. Economical Ufe: Refers to the length of time that the average total vehicle cost is at its minimum. ~TTACHMENT 1 McCANDLESS INTERNATIONAL TRUCKS OF COLORADO 16704 EAST 32ND AVENUE, AURORA, CO 80011 City of Wheat Ridge Attn.. Greg Knudson, M.PA 11220 West 45th Avenue Wheat Ridge, CO 80033 Subject: Purchase of one (1) each 2005 International 7400 SF A 6X4 cab & chassis Dear Greg, I am providing you with an adjustment letter for the purchase of one (1) each 200 5 International 7400 SFA 6X4 cab & chassis under CDOT award #07051HAAOIM (copy attached) as follows: Base bid DIscount for 54,000# GVWR and International DT570/285HP 800 lb-ft. torque with Allison 3500_ RDS-P automatic transmission per proposal # 1 008 (copy attached) $80,867 75 (17.433.75) Total $63,43400 Cab & chassis to be provided is for a snow plow application with upfit to be provided by Layton Truck Equipment, Colorado Springs, CO The body equipment will be provided under award, separate from cab & chassis. I will coordinate production of this unit with Keith Gaylor at Layton Truck Equipment. Delivery of chassis is 10-12 weeks after receipt of order (ARO). The unit will be delivered to appropriate location as required by Layton Truck Equipment. International Truck & EngineIMcCandless Int'1 Trucks of Colorado appreciates the opportunity to continue to provide the City of Wheat Ridge with vehicles, warranty, service and parts to meet your transportation needs. If you have any further questions, please contact me at (303) 739-9900 ext. 1083 Sincerely, jj,7t t s:.~ C ,0- Rhonda Savage Municipal Sales Manager Attachments ATTACHMENT 2 r NOTICEOFAWARD COLORADO DEPARTMENT OF TRANSPORTATION AWARD NUMBER 07051HAAOIM Re: Invitation For Bid # HAA 03-050 MM (THIS IS NOT A PURCHASE ORDER, SEE NOTE Period Covered: 04/01/04 - 03/31/05 BELOW) VENDOR NO. (F.E.LN) 361264810 A INVOICE TO: McCandless International Invoice address on Purchase Order for Colorado State VENDOR NAME, Agencies, Institutions and political subdivisions (Navistar Inc.) ADDRESS: 16704 E. 3200 Ave. This award granted a price increase effective Aurora, Co. 80011 9/1/04 CONTACI Rhonda Savage PHONE: 303-739-9900 xl 083 FAX NO: 303-739-2556 PAYMENT TERMS: N30 DEUVERY: 45 to 60 days, ARO COMMODITY NUMBERS: 0705 I - Truck Over I Ton 1bis award is for a class 8, Heavy Duty, Tandem Axle Truck Cab and Chassis, per the specifications of COOT bid HAA 03-050 MM. The selected base unit is an International 7600 SFA 6x4 Award price, base unit before options $ 80,867.75 Options Available: (Add on items) Extended transmission warranty Frame mounted horizontal exhaust (rear outlet) Additional tire and wheel assembly's Heated front fender mounted 8" convex mirrors Fuel Cooler (Modine) Synthetic transmission lube (required w/extended warranty) AD-9 air dryer 18' steering wheel Back up alarm 2 way radio effects AM IFM cassette w/weather band AM / FM, CD w/weather band 12 each body builder circuit switches-mid 6 each body builder circuit switches-mid 6 each body builder circuit switches-rear Hood hatches (2) Keyed alike Davco fuel pro 382 (382030) fuel water separator Cloth passenger seat w/air suspension Exterior sun shade 100 gal. Non-polished aluminum fuel tank Premium interior Cab sound insulation Engine oil temp. gauge Rear axle oil temp. gauge Convex look down mirror, passenger door , , Cost 122.00 msrp less 20% 550.00 160.00 31400 346.00 18.00 92.00 102.00 332.00 369.00 607,00 360.00 405.00 2,500.00 19.00 492.00 425.00 157.00 372.00 235.00 124.00 40.00 76.00 37.00 Continued next page ATTACHMENT 3 Extended cab, no rear seat V inyl rear bench seat Cloth rear bench seat Premium interior, extended cab International heavy-duty price lists PLH-284 and PL-284, all items. Hendrickson, HAS 460-55, air suspension, 55" axle spacing Chalmers, 854-46H, suspension 2,119.00 264.00 296.00 294.00 20% off list 578.00 400.00 Optional items: (Deducts for items included in base unit bid) Front tow hooks Rear tow hooks Front frame extension 58000 lb. GVWR !LO 66000 lb. GVWR AD-IP air dryer Air tank auto drain valve wlheater Air to rear of frame 3- position engine brake Electric to rear of frame and 13 pin connector 7 pin!LO 13 pin connector AMIFM radio w/weather band Speedometer Port Standard mirrors, ILO heated Extra belts and fllters Winter front Deflect a shield 90 degree exhaust turn out Stationary grill Bug screen Block heater Front shock absorbers Frame reinforce, short wheelbase or application not required Front frame extension and reinforcement Frame extension-reinforcement only 100 gallon fuel tank Cloth seats, driver and passenger Cummins ISM 385V, 11 liter, 385 hp, 1350 torque, engine Cummins ISM 350Y, 11 liter, 350 hp, 1350 or 1450 torque, engine Cummins ISM 320Y, 11 liter, 320 hp, 1150 torque, engine Allison HD 4560P, 5-speed transmission Hendrickson, RT -463, suspension 2900 78.00 325 00 952.00 31700 70.00 190.00 1,305.00 545 00 450.00 202.00 150.00 100.00 180.00 8500 250.00 8500 59.00 78.00 52.00 150.00 632.00 275.00 140.00 202.00 60.00 N/C 250.00 925.00 500.00 250.00 2 Conditions of Award: Award is made to above referenced vendor for supplying the commodity/service specified above and on any attached supplementary pages per bid specifications to be ordered on an "as needed" basis for the period from date of award, with three (3) possible one year renewal periods at COOT option. Requests for any proposed price changes must be submitted along with supporting documentation, to CDOT Purchasing, a minimum of sixty (60) days prior to the proposed effective date of such change. A new award notice will be issued for each additional renewal year that COOT selects. EITHER P ARTY MAY CANCEL ON 30 OA YS WRfITEN NOTICE. NOTE: THIS AWARD IS A NOTICE OF INTENT TO PURCHASE ONLY MATERIALS WILL BE ORDERED BY VARIOUS COOT PERSONNEL AS NEEDED. MA TERlAL ORDERED BY COOT THAT COST S5000.OO OR MORE PER ITEM, OR AGGREGATE, MUST BE ORDERED VIA PURCHASE ORDER. OlHER COLORADO STATE AGENCIES, INSTITUTIONS OR POUTICAL SUBDIVISIONS ORDERING MA TERlAL BASED ON THIS AWARD MUST ORDER VIA lHEIR OWN PURCHASE ORDER SYSTEM. COOT WILL ONLY BE RESPONSIBLE FOR MATERIAL ORDERED AND RECEIVED BY IT NO OUAN1ITlES ARE GUARANTEED AS A RESULT OF THIS AWARD. QUANTIfIES ORDERED WILL BE BASED UPON AcruAL REOUlREMENTS. Please direct inquiries on this award to COOT Purchasing, phone: (303) 757-9798 FAX (303) 757-9669 ~PPro dBy- . ./ r /f~ icbael Moore, CPPB, Purchasing Agent 3 ~..........., ....' ..~ r.~\. 11.;::t~~/"::1" -: LAYTO:\ TR'liCK 14:003 NOTICE OF AWARD COLORADO DEPARTMENT OF TRANSPORT A TION AWARD "liMBER 06530HAAOIM Re: Invitation For Bid # BAA 05-008 MM (THIS IS NOT A PURCHASE ORDER, SEE NOTE Period Covered: 9/27/04 to 9130105 BELOW) Four possible renewal options remaining INVOICE TO: VENDOR NO. (F,E.I.N): 364160712 Invoice address on Purchase Order for Colorado stare VENDOR NAME: Layton Truck Equipment Agencies, InstiTUtions and political subdivisions. ADDRESS: 2425 E. Platte Place Colorado Springs, CO 80909 CONTi\.Cf Kietb Gaylor PHONE: 800 332 S02l FAX NO: 719 597 2122 DELIVERY: 120 Days COMMODITY NUMBERS: 06530 Dump Elodies Etc. This award IS for truck-mounted bodies, attachments and snow and ice control equipment, mstalled and delivered, per terms and conditions of CDOT bid HAA 05-008 MM. Bid Pricing, Items Installed, Including Controls, Lighting, Wiring and Hydraulics, Before Options. LightUlg ] 5' Dwnp Bodies 10' Dump Bodies Colorado Snow Plow Grand Junction Snow Plow Hydraulics Benching Wing Patrol Wing Hook Lift ---+ 'V"-box Spreader Liquid De-ielcr Sprayer --.:;,- Spreader/Sprayer Combo Tailgate Spreader :) 4,925 00 $ 15,07500 $ 10,6&000 $ 6,42500 Static Edge S 9,025.00 Tnp Edge S 6,510,00 Static Edge $ 9,110.00 Tdp Edge $ 26,250 00 S 10,250,00 $ 7,325 00 $ 19,150.00 $ 8,925.00~ $ 12,150.00 $ 22,575.00(-- $ 1,850.00 ATTACHMENT 4 _"'...... ..... -z_ .l.,"":l.~ I.1.C,):t)('.l~" L."ITO~ TRUCK OPTIONS A V AlLABLE General 1.Extra (spare) belts and filters, Hydraulic filter. 5. Tool Box, 24"x 24"x 18", Frame Mounted 6. Tool Box, 24"x36"x18, Frame Mounted 1€1 004 $ 40, $ 495. $ 560. Lighting 1 Wbelen Series 64 Wing Light or equivalent. 2. Driving/Fog lights m addition to plow lights. Shall meet State and Federal rellulatiollS for on highway use. 3, A 3-pon 12V power outlet shall be conveniently mounted on or near the control console for use by the operator for cell- phone or other accessol)' power 4 Wheleu Supe' LED Wing light $ 275, $ 175 $ 125 S 425. 15 Foot Dump Body 1 14' dump body ILO 15 fool 2,fIigh Lift Tailgate with Air operated Cylinders. Cylinders to be protected from weather and debris wit.!' heavy steel guards designed to shed matenal. 3 .Dctachable Asphalt Chute. 4 Mailhot Telescopic Cylinder, 5.Electric wp per table 2 (installed), IS-foot body. 6, Electric tarp per table 2 (not installed), 15.foot body 7 Delete larp side flaps 15.foot body 8. Chipper Hitch (deduct) $ 475, S 15,450. $ 1,425 $ 150 $ 125 $ 1,975 $ l,4 7 5 - $ is. 9 Deduct one ladder 10. Deduct 400 Brinnel Steel II One piece I-Beam long sills n..o formed. - S is. (deduct) - S 350. $ 75 10 Foot Dump Bodies 1. Standard 10 body with vertical end gate. 2. Detachable Asphalt Chute. 3. Electric!arp per table 2 (installed), IO--foot body 4 E1e:ctric ta:cp per table 2 (not installed), 1 O-foot body. 5 Delete taIp side flaps 1 O-foot body 6. Deduct one ladder 7 Deduct 400 Brinnel steel. 8 One piece I-Beam long sills ILO formed (deduct) - S 100. $ 195. $ 1,945 $ 1,445. (deduct) - S 60. (deduct) - S i5. (deduct) . $ 240. $ 50, 2 ~~'~I'~VV~ if ~~ rAA 1195972122 LAYTON TRUCK 14: D05 Hydraulics Options: Force America I. Delete A VL hardware 2. Activation of A VL system (one time software set up charge) 3 Standard "'iring huness !LO "TPE" 4. Down side work port relief 5 Wing float module 6. Electric wing lock, !LO cylinder mounted 7 Seat mount Command ALL (lmj) ILO standard 8. Seat mount Command ALL (2mj) ILO standard 9 Seat mount Command ALL (3mj) 1LO standard 10. Non proportional Command All ILO standard 11. Non proportional seat mount, 1LO standard 12. Event logging upgrade key 13 FASTER qUick coupler for front plow 14 FASTER quick coupler for sanderlliquid hydraulics 15. PVWH34L driveline pump ILO standard 16. PAVCIOOL driveline pump 1L0 standard (deduct) $(1,000.00) $ 250.... $(150.) $ 40 per section $295 pa section $125 per section $1,525 $1,750 $1,850 (deduct) $(750,) 5150. $150. $475 $1,150 (deduct) $(950 ) (deduct) $(475.) Above pricmg based on VT-35 valve/tank combo unit, LED indicator at coils and circuit bOllIds. Wing lock valves included. Pres~e reducing valves for non-hook lift functiollli included. "A VI.. softw8Ie charge based on single statewide system compattbility. Options: Component Technology 1. CT1 base system!LO Force America 2. en base system wi hook lift n.o Force America 3. Rexroth 7MP 1 g valve lLO 1IlllDifold 4. Delete A VI. hardwarc 5 Activation of A VL system (one time so~e set up charge) Above pricing based on separate tank I enclosed valve system. A VL system pricing is au estimate subject to change due number of variables, Errors displayed In English, not codes. Wing lock valves not included. Hydraulics Options, General 1 Power down for bed hoist Note: shall be pressure regulated to a maximum of 500 PSI. 2.. Extra (spare) filters. $ 225. $ 40. 3 11/17/2004 17 43 FAX 7195972122 LAYTON TRtCK " Benching Wing I.Right side, front mount Heavy Duty Benching wing, with hydraulic slide. (to allow engine hood to open), 2. Left side mid mount benching wmg. 3 Left side front mount benching v.ing with hydraulic slide. 6. Spring loaded Trip Edge, 7, Colorado of Transportation orange color The pamt shall conform in color to Martul Senour Fleet Finishes. PRlSM Low VOC Acrylic Urethane 3.5 Single Stage "Omaha Orange" (deduct) $ 1,250. S 125. $ l.250 $ 2,750. -$ 150. l4J 006 Patrol Wing I Right side, front mown patrol wing WIth hydraulic slide. 2. Left side mid mount patrol wing. 3 Left side front mount patrol wing with hydraulic slide. 4 Four way valve for wing shde with double acting cylinder will use the toe circuit. 5 Cross tube for front mount 5"x7"xl(2" thick wall tubing. 8. Spring loaded Trip Edge. 9. DEDUCT for single push arm. 10. Double acting. 11 10 Foot Patrol Wing. 12. Colorado of Transportation orange color. The paint sball conform in color to Martin Senour Fleet F~hes, PRISM Low VOC Acrylic Urethane 3.5 Single Stage "Omaha Orange" (deduct) -$ 150. ( deduct) $ 475 $ 125 $ 475 $ 1,250. $ 650. $ 2,950. - S 150. $ 175 $ 250, Hook Lift 1. Deduct for Heavy-duty frame mounted cab guard and a pair of full radius steel roar fenders. (deduct) 2. Hook Lift System with hydraulic cylinders, minus hoses, fittings, and controls. 3 Der;luct for A-Frame, 4, Steel single door toolbox 18" deep x 18" high x 36" long (un,mounted) 5. Heavy-du!)' bwnper 6. Sealed module light bar with tail, brake, back-up, license plate, side & rear clearance lights - pre-wired and mounting bracket. 7 Mud Flaps (each). $ 20 8. 40,000 pound lift system for tandem a>de units. 9 11' sub-frame. 10. 12' sub-frame. 11. 13' sub-frame 12. 14' sub-frame 13. 1 set oholler assemblies for sub-frame (each). 14. 1 set roller lIlOunt bracket (each) -$600. S 18,450 (deduct) - S 950. S 375. S 550 $ 350. S 27,950. $ J,950 $ 2,025, $ 2,100.0$ 2.175 $ 525. $ 225. 4 1l/li/2004 1"i 43 FAX il959i2122 LA.YTO~ TRUCK 14I00i "V" Box Sander 1 10 FOOT SA~1)ER. 2. 11 FOOT SANDER. 3,12 FOOT SANDER. 4 13 FOOT SANDER (deduct) - $ 450. (deduct) - $ 310 (deduct) - S ZOO. (deduct) - $ 80. 5 FRAME MOUNT for 4)\,4, with tensional spring mown to allow for fle:lt between sander and truck frame Frame mounted unit shall include catwalks the kngth of the bod)', on both sides, acting as fenders, with 8" to 12" clearance above tires Wlth truck loaded, rear bumper system with drop pm tow hitch, 20,000 Ib tow rings on back bumper frame, 2"x2"x1l4" angle On rap orV box, rear and both sides. 6 Deduct for self-loading and storage legs. 7 Stainless steel 304 8.Cover for Spreader Chute. 9 Rubber Spill Shields $ 2,250 (deduct) - S 375. $ 425./ft. $ 575 $ 950 Liquid De-Icing Unit 1. 1000 gallons liquid De-icing Wlit 2. Deduct for tu:rbine style flow meter (deduct) - $ 250. (deduct) - $ 310. Combo Unit Cover for Spreader Chute. 2. Rubber Spill Shields. 3 Deduct for rurbine style flow meter. S 575. $ 950 (deduct) - S 310. Conditions of Award: Award is made to above referenced vendor for supplying the commodity/serviee specified above and on any attaehed supplementary pages per bid specifications to be ordered on an "as needed" basis, with four (4) One year renewal penods, at CDOT option. This award 15 in year one (1) of S possible years lotal. Prices shall be firm through the first 12 months of award. Reque&ts for any proposed price changes after the first 12 mOnths must be submitted along with supportfng documentation, to CDQT Purchasing, a minimum of s~ (60) davs prior to the proposed effective date of such change. A new award notice will be issued for each additional renev.'aJ year that CDOT selects. EITHER PARTY MAY CANCEL ON 30 DAYS WRITTEN NOTICE. llilIIi THIS AWARD IS A NOTICE OF INTENT TO PURCHASE Ol\'L Y V A1UOUS COOT PERSONNEl. AS t-UDED WIlL ORDER MATERIALS. MA TE~ ORDE.RJ;O BY COOT THAT COST S~OOO.OO OR MORE PER ITEM. OR ACOREGA TE. MUST BE ORDERED VIA PURCHASE ORDER. OTIiER COLORADO STATE AGENCIES. INSrnvnONS OR POLITICAL SUBDMSIONS MAY ORDER MATERIALS BASED ON nns A WAIID, AGENCIES OnmR nV.N COOT ORDERING MATERW.. BMED ON TIiIS A WARD MUST ORDER VIA THElR OWN PURCHASE OlWER SYSTEM. COOT WILL ONLY BE RESPONSIBLE fOR MA TERlAL ORDERED .AND l1.ECElVED BY IT ~ OUANTrT'ffiS ARE GU~n;ED AS A RF-'lULT OF THIS A WARD. aUANTI1TES ORDERED WIt. [ BE BASED UPON ACllJAL REOUTREMENTI: Pleue direct inquiries on this award to CDOT Purchasing, phone: 303 757 9798 Fax: 303 757 9669 5 ITEM NO' 1. B REQUEST FOR CITY COUNCIL ACTION ~r COUNCIL MEETlNG DATE' June 13,2005 TITLE: ACCEPTANCE OF WARRANTY DEED FOR PARCEL AT 6761 WEST 37TH PLACE o PUBLIC HEARING [g] BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date._) o ORDINANCES fOR 2ND READING Quasi-Judicial: 0 [8J ~2~; Director of Public Works ~ CltYM~~ EXECUTIVE SUMMARY: The PIerce Street Utility Under-grounding Project requires acquiSItIon of two parcels of right-of-way for placement of new electric transformers and SWItch eqUIpment, one near each end of the project. Staff has negotIated purchase of an acceptable site at 6761 W. 3 ih Place, near the north end of the project. COMMISSIONIBOARD RECOMMENDATION: None. ST A TEMENT OF THE ISSUES: Under-grounding electric power lines along PIerce Street requires placement of new transformers and switch cabinets. The street nght-of-way will not accommodate this equipment. Staffhas completed negotIatIons for a suitable site near the north end of the project and is pursuing sItes at the south terminus. AL TERNA TIVES CONSIDERED: Several alternative utIlIty box sites were investigated. The property owners at 6761 W 3ih Place were receptive to havmg the electric cabinets on thelf property. FINANCIAL IMPACT: The cost of the 10 foot by 20 foot property was $1500 RECOMMENDED MOTION: "I move to accept a parcel of property at 6761 West 37'h Place for an expansion of street nght-of-way to accommodate the PIerce Street Under-grounding Project." or, "I move to deny acceptance ofa parcel of property at 6761 West 37'h Place for the following reason(s) " Report Prepared by' Reviewed by: Tim Paranto, Public Works Director Randy Young, City Manager Attachments: I Warranty Deed 050613 CAF Pierce util ROW Location: 6761 W 37'" Place, Schedule Number FI9IS099 Wheat Ridge, Colorado 80033 WARRANTY DEED WITNESSETH THAT John K. Barnes and Jana Kaspar-Barnes Grantors, whose legal address is 13896 W 58'" Dr, City of Arvada, County of Jefferson, State of Colorado, 80004, for the consideration of FIFTEEN HUNDRED and NO/IOO dollars ($1500.00), in hand paid, do hereby grant, bargain, sell and convey to the City of Wheat Ridge, a municipal corporation in the State of Colorado, whose address is 7500 West 29th Avenue, Wheat Ridge, Colorado, 80033, the following real property situate, lying and being in the City of Wheat Ridge, County of Jefferson, State of Colorado, to wit: A tract ofland lying in the NWV. of Section 25, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, as described in the Warranty Deed found at Reception Number Fl915099, in the official records of the County of Jefferson, State of Colorado, more particularly described at EXHIBIT A attached hereunto and incorporated as if set forth fully Said tract contains 200 square feet or 0.046 acres, more or less. NOTE: All bearings are relative to one another and are based on the bearing of the West line of the NWV. of said Section 25 being S 00024'51" E. Said tract to be used as: Right-of-Way Also known by street and number as: 6761 W 37'" Place, Wheat Ridge, Colorado, 80033 Schedule Number FI9 I 5099 With all its appurtenances, and warrant the title to the same subject to easements, rights of way and restrictions of record, if any Signed this 2.G>""'rur';6f~, 2005 ( .~~ _~_~'/~M.4t_ ... . ~~~ ~trana Kaspar-Barnes), Grantor (]o. / . / JSTATE OF COLORADO COUNTY OF JEFFERSON ) ) SS. ) The foregoing instrument was acknowledged before me this ~ day of Mo..ll ,2005. by John K. and Jana Kaspar-Barnes. I My commission expires: '1 /19 (LX:!5 Witness my hand and official seal. A'iz1LV\ ~ .)'ljd' Notary Public</' The drafter of this description is Jonathan Reynolds, P.E. ,prepared on behalf of the City of Wheat Ridge, 7500 W 29th Ave., Wheat Ridge, Colorado, 80033 and is not to be construed as representing a monumented land survey ~TTACHMENT 1 EXHffiITA THE WEST 20 FEET OF THE SOUTH 10 FEET OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NUMBER FI915099 OF THE RECORDS OF THE COUNTY OF JEFFERSON, STATE OF COLORADO SAID WEST 20 FEET OF THE SOUTH 10 FEET BEING FURTHER DESCRIBED AS. COMMENCING AT THE NORTHWEST CORNER OF SECTION 25, TOwNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN. THENCE, S 0024'51" E ON AND ALONG THE WEST LINE OF SAID SECTION 25 A DISTANCE OF 27104 FEET TO A PINT ON THE NORTH RIGHT OF WAY LINE OF W. 37TH PLACE EXTENDED. THENCE, N 89042'02" E ON AND ALONG THE NORTH RIGHT OF WAY LINE OF W 37TH PLACE AND THE EXTENSION THEREOF A DISTANCE OF 167 FEET TO THE TRUE POINT OF BEGINNING. THENCE, CONTINUING N 89042'02" E ON AND ALONG THE NORTH RIGHT OF WAY LINE OF W 37TH PLACE A DISTANCE OF 20 FEET THENCE, N 0024'51" W A DISTANCE OF 10 FEET THENCE, S 89042'02"W A DISTANCE OF 20 FEETTO THE WEST LINE OF THAT PARCEL DESCRIBED AT RECEPTION NUMBER FI915099 OF THE RECORDS OF THE COUNTY OF JEFFERSON, STATE OF COLORADO THENCE, S 0024'51" E ALONG SAID WEST LINE A DISTANCE OF 10 FEET, TO THE TRUE POINT OF BEGINNING. ITEM NO' 1.. t, REQUEST FOR CITY COUNCIL ACTION ~~ COUNCIL MEETING DATE June 13,2005 TITLE: APPROVAL FOR THE USE OF BANNERS FOR THE 36TH ANNUAL CARNA TION FESTIVAL AND PARADE o PUBLiC HEARING [gI BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date) o ORDINANCES FOR 2ND READING QuasI-Judicial: o Yes [gI No / :P' _ C~~;~~r~ . I.c~\( - Clt~~~ EXECUTIVE SUMMARY: The 36th annual Wheat Ridge Carnation FestIval is scheduled for Friday, August 19; and Saturday, August 20, 2005 The Carnation FestIval wIll be held in Albert E. Anderson Park at 44th Avenue and Field Street. The Carnation Festival Parade is scheduled for Saturday, August 20th at I 0'00 a.m. The parade will be on 38th A venue from Depew Street to Upham Street. City Council will need to consider a motion to allow for the use of banners for the 36th annual Wheat Ridge Carnation Festival and Parade. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: N/A ALTERNATIVES CONSIDERED: Not approve a motion to allow for the use of banners for the 36th annual Wheat Ridge Carnation Festival and Parade. FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "1 move to allow for the use of banners for the 36th annual Wheat Ridge Carnation Festival and Parade scheduled for Friday, August 19th through Saturday, August 21 st." or, "I move to deny approval for the use of banners for the 36th annual Wheat Ridge CarnatIOn FestIval and Parade for the following reason( s) " Report Prepared by: Reviewed by' Debbie Meixner, Admmistrative Assistant Pam Anderson, City Clerk Attachments: I None ITEM NO' 1 {) REQUEST FOR CITY COUNCIL ACTION I t:::::"$~' I lUJ COUNCIL MEETING DATE: June 13, 2005 TITLE: MOTION TO APPROVE AWARD OF RFQ-05-12 GIS MASTER PLAN/DATUM CONVERSION TO NOLTE ASSOCIATES IN AN AMOUNT NOT TO EXCEED $24,050.00 AND FARNSWORTH GROUP IN AN AMOUNT NOT TO EXCEED $24,500.00 o PUBLIC HEARING [3J BIDS/MOTIONS o RESOLUTIONS o ORDINANCES fOR I ST READING (Date: _) o ORDINANCES FOR 2ND READING Quasi-Judicial 0 [3J Yes No .. /' ~- ~'</~-' / '/ F /- ' . ~.Jt# .C::;:v ,-- . ~ Director of Public Works C~~ EXECUTIVE SUMMARY: The need for a fully operational Geographic Information System (GIS) has been identified by all City Departments. The tlrst phase of developing a GIS is creating a master plan and convertmg the survey datum the City uses to one common to the Denver Region. The PublIc Works Department completed the interview and selection process to retam an engmeenng consultant to develop a Geographic InformatIOn System (GIS) Master Plan and another firm to perform the datum conversion. Firms were selected from the City's qualified on-call engineering and surveying firms. The most qualified consultants were Farnsworth Group Inc., Denver, CO and Nolte Associates, Englewood, CO SelectIon was based on qualifications, experience, project approach, innovative ideas and the project team. Fees were negotiated. Staffrecommends award of the GIS Master Plan to Nolte Associates, for the not-to-exceed amount of $24,050.00 and award of Datum ConversIOn to Farnsworth Group Inc., for the not-to-exceed amount of $24,500.00. COMMISSIONIBOARD RECOMMENDA nON: N/A STATEMENT OF THE ISSUES: The City's need for a comprehensIve Geographic Information System has grown as rapidly as its dependence on electronic files. Each of the CIty Departments has Its own needs of a GIS system and a plan for an intergrated approach must be developed. The key to a GIS is the base map The City, for many years, has used a local coordmate system developed to manage vanous survey and mapping tasks. The utilization of a local coordmate system has restricted the City from sharing vital information with the County, other CIties and the State. The GIS base map should be on the State Plain Coordinate System. The existing City data should be converted from the local datum to the more common State Plam Coordmate System in preparation for the development of the GIS ALTERNATIVES CONSIDERED: No award and GIS Master Plan and Datum Conversion Project will not be accomplished. FINANCIAL IMPACT: Funding for this program has been approved as the Aenal Photography/GIS Updates line item of the 2005 CapItal Improvement Program budget in the amount of $50,000.00 RECOMMENDED MOTION: "I move to award RFQ-05-12, the GIS Master Plan task, #M-OI-05 to Nolte Associates, Englewood, CO, for the not-to-exceed amount of $24,05000 I further move to award RFQ-05-12, the Datum Conversion task, #M-O 1-05 to Farnsworth Group Inc., Denver, CO, for the not-to-exceed amount of $24,50000. I further move that all costs assocIated with this contract be paid from account number 30-610-800- 872, and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series." or, "1 move to deny award ofRFQ-05-12 GIS Master Plan/Datum Conversion for the following reason(s) " ImtIated by' Report Prepared by' Reviewed by: Steve Nguyen, Engineering Manager Tim Paranto, DIrector of Public Works Linda Tnmble, Purchasing Agent Attachments: I 2005 Capital Improvement Program Description 050613 RFQ.05-12 LAF ~ Capital Investment Program An evaluation ofthe mecharucal and electrical systems associated with the Police CommumcatlOns Bureau was conducted in 2003 The recommended improvements dealIng WIth the electncal system are scheduled for construction in 2005 The Police Department IS also recommending mstallatIon of additional security systems in the public areas and entrances to the building. 1. GIS Updates 2005 Budget: $50,000 Description: The first phase ofthe development of a fully operational geographical information system IS programmed for 2005 The needs and project outline will be developed in the initial work on thiS project. Justification: There IS great need to develop a GIS for use by all departments in the City The GIS will be a valuable aId m advancing work and respondmg to requests for information from the public. ATTACHMENT 1 191 ITEM NO' ~ . REQUEST FOR CITY COUNCIL ACTION A.'$~."', \ ')', ru COUNCIL MEETING DATE: June 13,2005 TITLE: REALLOCA TION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING [gI PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: _) o ORDINANCES FOR 2ND READING Quasi-Judicial. D Yes [gI No ~~ EXECUTIVE SUMMARY: On January 12,2004 City Council approved a Community Development Block Grant allocatIOn to Stride in the amount of $1 0,935 Stride had originally requested $25,000 for the purchase of a new office facility at 6025 W 38th Avenue in Wheat Ridge. Their bid to purchase that building has fallen out and they will no longer be locating theIr offices in Wheat Ridge. Stride has purchased another location and financmg has been completed. COMMISSION/BOARD RECOMMENDATION: None. STATEMENT OF THE ISSUES: The original Jurisdictional allocation of $ I 0,935 was not utilized by Stride as allocated by City CouncIl. In addition, Stride has closed and purchased a different location outside of the City. Because of this change, the original award to Stride will need to be reallocated. AdditIOnal funding is still necessary for the street and pedestrian improvements of area bounded by 46th Avenue and 1-70, Estes through Carr Streets as reflected in the Capital Improvement Program budget. Total cost of thIS project is anticipated at over $2 million dollars. ALTERNATIVES CONSIDERED: City's clean up program was considered, but was already in progress and not capable of funding from the 2004-2005 CDBG program year. FINANCIAL IMPACT: None. The funding received would offset expenditures within the Capital Improvement Program Budget. RECOMMENDED MOTION: "I move to reallocate 2004-2005 Community Development Block Grant funds in the amount of $10,935 to Phase I of the street and pedestrian improvements project for area bounded by 46th Avenue and 1-70, Estes through Carr Streets." Report Prepared by. Barbara Delgadillo, Assistant to the City Manager tf/' /bd Request for City Council Action-report form ITEM NO: 3. REQUEST FOR CITY COUNCIL ACTION 'r$~ ru COUNCIL MEETING DATE. May 9, 2005 TITLE: COUNCIL BILL 08-2005: AN ORDINANCE AMENDING SECTION 16-127(e) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING SALE OF ALCOHOL TO MINORS. I:8J PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date' ) I:8J ORDINANCES FOR 2ND READING QuasI-Judicial' o Yes I:8J No C~~~ City Attorney EXECUTIVE SUMMARY Amendment to Code of Laws, Section 16-127, clarifying the unlawful sale of alcohol to minors, COMMISSION/BOARD RECOMMENDATION None STATEMENT OF THE ISSUES The present Code of Laws section concerning sale of alcohol to minors IS limited in scope to the circumstance in which a person obtains alcohol with the intent to proVide It to a minor. The section does not, but should, also cover the circumstance in which the seller falls to determine the age of a buyer AL TERNA TIVES CONSIDERED Do not amend the current section of the Code of Laws, FINANCIAL IMPACT None. RECOMMENDED MOTION "I move to approve Council Bill No. 08-2005 on second reading, and that it take effect immediately upon adoption." or, "I move to table indefinitely Council Bill 08-2005 for the following reason(s) Report Prepared by' Reviewed by' Gerald E. Dahl, City Attorney, 303-493-6680 Daniel Brennan, Police Chief Randy Young, City Manager Attachments: 1 Memorandum from Carolme Penaloza, Assistant City Attorney 2. Council Bill 08-2005 - Hp.. ~H U:, l~: ~'tp U~t<HLIJ IJHHL ;JU<l (;'/11 klll~l> ,r),,_ ~- TO- MEMORANDUM JERRY DAHL, CITY AITORNEY, CARMEN BEERY, ATIORNEY, SGT. PAULA BAJ.AFAS, JUDGE CHRIS RM"'DALL, JUDGE CHARLES ROSE CAROUNE PENALOZA, ASSISTANT CITY AITORNEY PROPOSAL TO AMEND W.R.M.C. 16-127 (e)/SALE OF ALCOHOL TO MINORS FROM: RE: DATE. Apnl 6, 2005 Sergeant Balafas, who has recently stepped up enforcement on retail alcohol sales to those under twenty-onc, brought my attention to the language conta.:ned in Wheat Ridge Code Section 16-127(d). A recent enforcement opemtion involved Jefferson County Sheriff Cadets under the age of twenty- one attempting to buy alcohol from various retail stores within the City. W.R.P.D. issued numerous citations to retail employees under 16-127(d) as a result of this sting operation. The subsection under which the sellers were charged, 16-127(d), addresses purchasing, procuring or obtaining alcohol with the intent to procure, sell crr provide sllch alcohol to a person under the age of twenty-one (see attached copy). This language appears to contemplate a fact pattern in which a person obtains alcohol from a retail establishment and then intentionally gives or sells it to an underage person, not a retail sale in which the seller fails to determine the age of the buyer. Because the W.R.P.D. intends to continue to pursue enforcement operations of retail liquor seHers, I propose that the Wheat Ridge Code be amended to track C.R-S. I 2-47-90 1 (a) (see attached). The language ofthe statute does Dot specify intent, but mther makes it unlawful: (a) To sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to or forany person under the age of twenty-one years, to a visibly intoxicated person, or to a known habitual drunkard. ATTACHMENT 1 p." OFnNSBS-~ Cd) Nothing in this gedioo shall be COlUlt:rued to alter or .limmi,.. the inherent: authority of the court to emone iu orders through civil or crimi- nal contempt pI'GCee~. (e) No person cbatged with a violation of GDJ' order pursuant to thi& sections shall be penoitted, in the criminal actionl'E6lllting from such che.reus, &0 collatenill;y attack the validfty of the order which such p8l"8On i. ...cused ot"violating. (Ord. No. 1989-811. ~ 2. IG-2S-89; Ord. No. 1~l>- 998, ~ 6, 4-24-96) See. 16-1111. Violation or bail bond condi. tiMls:. It shall be unlawful for a per8ClQ to knowingly violate the conditions of the bail bond after re- lease arising from an lIIrI!St fur a vioiatiOll of a municipal ordin8me. Any such sentence for a violation of this section sIuIIl be served MMecn- tivGly with any IleDtIellllB for the violation On which the person is on bail (Ord. No. 1998-1150.11, 1-11-98) See&. 16-118-16-1115. Reserved. AR'DCLB VL OP'FENBESAGAINST PUBLIC DECENCY See. 16-128. SoIIckatiOll or aloohoHc bever- age.s. (a) It is tmlawful in any place of bwribesa where a'.-nhc,II~ beoterages are sold to be COIl- sumed upon the premises for any person to ~ or &0 llOlicit IUlY patrw. or C1IStoIII.er or or visitor lD. sueh ~ to purcb&se any alcoholic bevera&e for the one benin. or soliciting. (h) It is nDlnwAd for the proprietar or operator or p8rscm. in eherge of my snell .....lIa.....ent tAl knowingI;y aIIow the ~en"" in such estIlb1ish- mont or any person who violated the provisiOM of ,this section. (Code 1977. ~ 14-42) . Bee. 16.127. PoBtll!lSSion or alcohol in pubUo places; purchans by or for mio Dors; sales to miIlon;. (ft) n iB Wilawful for any penon to consume anY fermented malt beTeraee or BDy mali, vinous or spirituous liquor in eny public place, or upon Sapp. Ne. ao i 16-127 pmpmiy owned, operated, Icased or maintained by the state Ol' any political subdivision or agency thereof, or upon. property owned, opinted.leased orJDainteinedJ)ythe city; provided, h_ever. that it shall not be a viola&n of this provision to .ton or consume any fermented melt beverap, or any malt, vinous or spirituous liquor in conformaDllll with, and pursuant tAl the terms of any validly issued permit or Ucense or as provided in section 17-47 (b) It is unlawful fur any'}l8l'son to poDeSII Cor purposee of immediate conswnption any open or UIIB8t1led container of an;;- ferm:ented melt beVll1'- age or any maJt, viDous or spirih1OQ8 liqWll; whether such pclIIleSSioo is aetual or constructive. in a pnhlli: p1llce or upon property owned. oper- eted, leased or m..in~..iaed by ths B~te or IlDJT political subdivision or acency theroot, or upon pl'c)perty Olmed. operated, leased or 1IlAintained by the ci~ Symptoms of. alcohol intuxicetioD, or> the odor of an alcoholic beverage on the breath of a person in poellllSSiOll of BDy Qjl6Il or 1U1Iloaled container of any fermented malt bevenlp or any mali. vinous or spirituous liquor, sban be prima ~~~d~of~onfur~ofimm~ dIate consumption. It shall not.be a violation of this pr'llVi&fon to,tore or conimme BDyfarmentad malt beverap O~ 8DY malt, viDou8 or spirituCWl liquor in con:fonnance ~. and parauan.t tAl the termlI of, anyvalidlyisaued permit or licemse or 118 provided in MCtIcn 11-47 (c) It is unlawful for any perIIDIl UDder the age of~~~~~~to~orooW~or to attem.pttAlpurebaee OIl'ootaiD, eitherdlrectl.T<< through an intennediary. lUly. fermented malt bevemp or any malt, vinous or spirl1:noua liquor bY ~aentati.~ of ap or by any other meana. (d) It is ~wfullOr any ~n to purcbase or procure OJ" obtain any fermented ~t beverage or any malt, viDDus or spirituoua llql1Ol' ~th tbe in- 1039 ~ , ""'" ,I On'ENSES-MlSCEI.l.ANiOllS (( tent 10 procure far, ~ to, or~ 8111 fer- mented malt beverage or any malt, "ViJions or spir- ituous liquor to axiy person under the age of tweD~n. (21) lI"8l'll. (e) It is unlawful Cor any person to e&i. serve. give away, diapoBe ot, exebanll" OJ' delhrer or permit the .we, servlDg, giving' Or-JD'llI:llrlng of any termented malt bevera&e or lID:!, malt, ..mous or apirituOUll Uquw to a visibly-intoxicated perlIOn or to eknown habitual dnmkard. o It i. unlawful for any vlsiblyintoxicated penon or any known habit\ul1 drunkard to pee. less 01' COilllll1le lUly fermented malt blmlragoe or anymaltvinOUB orspiritu0U8 liquor, whether sueh possession Is QI:tua1 or constructive, in any pnblic plece or upon property owned. operated, 18U!'d or maintained by the statll or any politlcal aubdivi. slon or agency thtll'llOt or upon property owned. operated, leased or malntaiDed by the city. This provision aball apply regardless of whether any bottle. can or other container for such fermented malt beverage or 3Uch malt, vinous or Ii)lir.ituous liquor is Maleel, unseeled or open. (gl ,During any triaJ for a violation of this sec. J.lon, any boltIe, can or allY other container with laheJingindlcating the contents ofsuch'bottJe, can or container, and the Information contained on any sue., JabeJ, sbell be admissible into eridence and shall not coll&titute~ay.Ajury:or ajudge, whichever is appropriate, shall llIlIUllilertha infor- mation upon sucl1laballIB prima facie enden"" of the contents of the bottle, can or other container. A label which identifies the contents of MY bot.t1e, .can or other container ~ ffbeer,'a 'Uale." .-maR baver........ "fermented malt beveraae," "malt liquor," uwine/' "champagne," "whiskeY" or "whisky." l'Ii...'" "vodka. 'I "tequila, U "scbnapps,>> 44brandy," 'Icognae, ,t .'Uqueur," .'cordial.I" "alcohol" or "llquor" .hall constitute prima racie evidenee that the contents of the 1iottJe. can or other oontain8l' was compoaed in whole or in part of an aIeobolic beverage prohibited by tbia sec- tion. (h) b. enforcing' the provisions of tbis eecC1oD, enforcement .baIl not he undutaken upon pri- vate property w'bich, for purposea of this section, )n1!lUU IU\Y dwelling as well as the Jot area BllIIO- ciatad with said dwelline. inchlding front, rear Supp_ Nll. J3 1-16.l!9 IllIII side yards, which la IIlled by Il nalurlll person or natlU'al persons tor habitation end whlcb is not open to the pubUc and priVBteJy owned real prop- ..rty whieh is not open to the public. Private p!"o!>, erty sball not include; (1) kly estahliahment which h.. or is required to have a 1li:ense pul'llllent to Article 46,47 or 48 ofTltle 12. C.R.B.; or (2) Any eatablishment which sell. fermented malt beverages or malt, vinous or spIri. tuous liquor or upon which fermented malt beverages or malt, vinous or spirituous li- quor 8J'8 lIOld; or (81 Any establishment which I........ rents or provides acaII'IUDodations to members oftha public ganerally (Cod. 19'17. fi 14-42.2 Ord. No. 199()..850, fi 1. 11. 26.90) Crou refennee- """eliaIem. or aIcol1ol Il, mlno.., t IS. 177. Sec, 16.128; Unlawful visual observation. It is WIlawful for any penon to look into any house, room, building or str1lcture within the city through any window, door, skylight or other opening thereof for the P1U]lOBe of obaervlng tbe actions of any Jl81'IOn wJthin or OCOlpant of B\leh house, rDOlIl, building or IUucture. (Code 1977, '114-043.1) See.. 16-1119. Unlawfulelecb:oDic observation. It is unlawful for any person to observ" or to JnODitor the adiona or any penon within Ill' occu. pant of lIlU' house, room, building or etructure within tile tlty by the placing within .uch house, room, building or structure of any electrmlic d.... vic:e which has ... its tui1ct.ion the recording Md/or tnmamfsIIioll of' the pbyBlcal presence, actions, sounds or ritatement& of allY person within such hoIae, room, building or structure; provided, how- ever, tbat 1be pro-risions of this section shall not be appllcehl" to my electronic recording, moni- toring or tnmemission dllVlca inetalled In any howe, room, buDwngor structure with the knowl- edge end conitent of the owner or the occupant then;of; and furtha!' prov1ded, that the provisione 01 this .ction shall not apply to or problblt the installation of health service. emel'8""GY and/or 1040.1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER BERRY Council Bill No 08-2005 Ordinance No Series of 2005 TITLE: AN ORDINANCE AMENDING SECTION 16-127(e) OF THE WHEAT RIDGE MUNICIPAL CODE OF LAWS CONCERNING THE SALE OF ALCOHOL TO MINORS WHEREAS, The City Council of the City of Wheat Ridge Colorado is vested with all power and authority to adopt ordinances for the protection of the public health, safety and welfare, and WHEREAS, the City Council wishes to clarify Section 16-127(e) of the Code to prohibit sale of liquor to persons under the age of twenty-one years, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO Section 1. Article V of Chapter 16 of the Code of Laws is amended by the addition of language to subsection 16-127(e) to read' Sec. 16-127(e) te (e) It shall be unlawful..fef- sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to or for any person UNDER THE AGE OF lWENTY-ONE YEARS, to a visibly intoxicated person, or to a known habitual drunkard 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. Effective Date. This Ordinance shall take effect upon adoption at second reading, as permitted by the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of -L to o on this 9th day of May , 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 June 13 , 2005, at 7.00 o'clock pm., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado ATTACHMENT 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' May 12, 2005 Second Publication Wheat Ridge Transcript Effective Date: 2 ITEM NO' Lj REQUEST FOR CITY COUNCIL ACTION /$~' ~ IU COUNCIL MEETING DATE. May 9, 2005 TITLE: COUNCIL BILL 09-2005: AN ORDINANCE REPEALING AND REENACTING SECTION 16-103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING UNREASONABLE NOISE AND DISTURBING THE PEACE I:8J PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:) I:8J ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes I:8J No - ~ Chief~~ EXECUTIVE SUMMARY: ~~rq City Manag <S' This ordmance would amend Section 16-103 of the Wheat Ridge Code of Laws, clarifymg unreasonable noise, disturbing the peace. A statT report regarding this ordinance was presented to City Council at the May 2, 2005 Study SessIOn. COMMISSION/BOARD RECOMMENDATION: None. ST A TEMENT OF THE ISSUES: The present Code of Laws section concerning unreasonable noise; disturbing the peace is limited in scope and difficult to prove m court because it does not set an objective level by which to measure nOIse. In addition, an officer cannot be the complaining party for an unreasonable noise violation. This section does not, but should establish an obJective measure of unreasonable noise and allow an officer who personally observes a violation of thiS ordinance to serve as the complaining party in the prosecutIOn of such a complaint. GED/WR/RFCAlOOI AL TERNA TIVES CONSIDERED: Do not amend the current section of the Code of Laws. FINANCIAL IMPACT: None RECOMMENDED MOTION: "I move to approve Council Bill 09-2005 on second reading, and that it take etlect 15 days after final publication." or, "I move to table mdetimtely Council Bill 09-2005 for the following reason(s) Report Prepared by" Reviewed by' Daniel Brennan, Chief of Police (303) 235-2911 Gerald Dahl, City Attorney (303) 493-6686 Randy Young, City Manager (303) 235-2804 Attachments: 1 Staff Report dated April 18, 2005 2. Council Bill 09-2005 GED/WRIRFC "'100 I WHEAT RIDGE POLICE DEPARTMENT MEMORANDUM TO: Mayor Gretchen Cerveny and City Council VIA: Randy Young, City Manage~~ FROM: Daniel Brennan, Chief of Police ~~ ~ \ DATE: April 18'h, 2005 SUBJECT: Unnecessary Noise/Disturbing the Peace Ordinance BACKGROUND The Wheat Ridge Police Department responds to Disturbing the Peace calls on a daily basis. Analyzing statistics for the years 2001 through 2004, we discovered that Wheat Ridge Police officers handled Disturbing the Peace calls on an average of 112 per month. STATEMENT OF PROBLEM Citizens often call to report loud car stereos in their neighborhoods. These loud car stereos can often be heard several blocks away, disturbing the peace of our citizens. Many of these citizens are reluctant to either provide their names to dispatch or allow the police to contact them as witnesses against the person responsible for the loud car stereos. Officers who hear loud car stereos and want to enforce the current Disturbing the Peace ordinance cannot be considered as "victims" of the unnecessary noise. Citizens who live near parks or greenbelt areas are often confronted with loud portable stereos. These citizens would like for the police to be able to stop the source of the noise, but they are reluctant to have the police contact them so that a complaint can be lodged. Additionally, as the Wheat Ridge Disturbing the Peace ordinance is currently written, the only standard that can be used for enforcement is, "sound at such a level, or at such an hour, as to disturb the peace of any other person." This standard is difficult to prove in court because it is not an objective level by which to measure the noise. The result of these factors is that the people responsible for disturbing the peace of our citizens are rarely held accountable for their actions. ALTERNATIVES 1. Amend the current ordinance to permit the police to be the complaining parties and provide an objective measure of unreasonable noise. 2. Amend the ordinance as in option #1 and provide specific decibel levels as a measure of noise ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SANG Council Bill No 09 Ordinance No Series of 2005 TITLE AN ORDINANCE REPEALING AND REENACTING SECTION 16-103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING UNREASONABLE NOISE AND DISTURBING THE PEACE. WHEREAS, pursuant to C R.S ~ 31-15-401(1)(e) and its home rule authority, the City possesses the authority to prevent and suppress unreasonable noise and conduct that disturbs the peace of others, and WHEREAS, pursuant to this authority, the City previously adopted a prohibition against disturbing the peace, codified as Section 16-103 of the Code of Laws of the City of Wheat Ridge ("Code of Laws"), and WHEREAS, eighteen years of experience with said Section 16-103 has given the City the knowledge of what noise enforcement issues are a priority within the City and the best manner to address the same, and WHEREAS, the City therefore desires to repeal and reenact Section 16-103 of the Code of Laws as provided herein NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO Section 1 Section 16-103 of the Code of Laws is hereby repealed and reenacted, to read in its entirety as follows Sec. 16-103. Unreasonable noise; disturbing the peace. (a) It is unlawful for any person to make, continue or cause to be made or to permit or assist another to make, continue or cause to be made, any unreasonable noise which, under all of the circumstances presented, would annoy, injure or endanger the comfort, repose or peace of a person of ordinary sensitivities The following noises and circumstances shall be deemed as prima facie unreasonable (1) Any noise or sound which is audible twenty-five (25) or more feet from the noise or sound source or at the property line of the property upon which the source is located (2) Any noise or sound which is audible within a private residence that the person responsible for the sound has no right to ATTACHMENT 2 occupy, specifically including but not limited to apartments, common interest communities and other multi-unit dwelling structures (3) A person or group of persons engaged in loud and continuing activities which are audible twenty-five (25) or more feet from such activities or at the property line of the property upon which such activities are taking place, continuing for a minimum of fifteen (15) minutes between the hours of 11.00 pm and 700 am (4) Any person performing or permitting the performance of trash pickup with a truck which has a compactor or the capacity to raise and dump dumpsters in any area zoned for residential uses between the hours of 11 00 P m. and 7:00 a.m For purposes of this paragraph, testimony that the name of a business which holds itself out as being in the business of trash hauling was written on the trash truck shall be prima facie evidence that the trash truck was owned by and under the control of the employer so identified (b) Any member of the police department who personally observes a violation of this section may serve as the complaining party in the prosecution of such violation, regardless of whether the officer's observation was initiated by the complaint of another party Section 2. Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained Section 3 Severability; Conflicting Ordinances Repealed If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances, 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 Section 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 8 to o on this 9th day of May , 2005, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing 2 and consideration on final passage set for o'clock pm., in the Council Chambers, 7500 Colorado. June 13 , 2005, at 700 West 29th Avenue, Wheat Ridge, 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. May 12, 2005 Second Publication' Wheat Ridge Transcript: Effective Date 3 ';) " fet (t Lli,-"-- i/ -t!1'J IIA" CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SANG Council Bill No. 09 Ordinance No Series of 2005 TITLE: AN ORDINANCE REPEALING AND REENACTING SECTION 16-103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING UNREASONABLE NOISE AND DISTURBING THE PEACE. WHEREAS, pursuant to C.R.S. 9 31-15-401(1)(e) and its home rule authority, the City possesses the authority to prevent and suppress unreasonable noise and conduct that disturbs the peace of others; and WHEREAS, pursuant to this authority, the City previously adopted a prohibition against disturbing the peace, codified as Section 16-103 of the Code of Laws of the City of Wheat Ridge ("Code of Laws"); and WHEREAS, eighteen years of experience with said Section 16-103 has given the City the knowledge of what noise enforcement issues are a priority within the City and the best manner to address the same; and WHEREAS, the City therefore desires to repeal and reenact Section 16-103 of the Code of Laws as provided herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO. Section 1. Section 16-103 of the Code of Laws is hereby repealed and reenacted, to read in its entirety as follows Sec. 16-103. Unreasonable noise; disturbing the peace. (a) It is unlawful for any person to make, continue or cause to be made or to permit or assist another to make, continue or cause to be made, any unreasonable noise which, under all of the circumstances presented, would annoy, injure or endanger the comfort, repose or peace of a person of ordinary sensitivities The following noises and circumstances shall be deemed as prima facie unreasonable' A r:/lO"; It...= (1) Any noise l; sound which is audible twenty-five (25) or more feet fro~' noise or sound source.er at thc property IiRC of the proporty upon ..RieA the ~gblr~8 i€ looatoe. (2) Any noise or sound whit.l is audible within a private residence that the person responsible for the sound has no right to ATTACHMENT 2 (3) occupy, specifically including but not limited to apartments, common interest communities and other multi-unit dwelling structures At-.:>y /'-POf~1I51 ~-'-"C> f'Oc.:7tt:Cdiio oe. AU V f;rson or group of persons engaged in loud and continuin~ activities which are audible twenty-five (25) or more feet from ~ /o.PO(~,::i suoh activities or at the property line of the property upon Whi~(.?!r::~ uch activities are taking place, continuing for a minimum of fifteen (15) minutes.bctv:oon the hours of 11.00 p.l.. dllJ 700 a.m. T'l-fE;; !0Ol1' E. <?Oc.ne:.c65 {$ t....oc.A~ ore:- CJ~~M (4) Any person performing or permitting the performance of trash pickup with a truck which has a compactor or the capacity to raise and dump dumpsters in any area zoned for residential uses between the hours of 11.00 p m. and 7:00 a.m. For purposes of this paragraph, testimony that the name of a business which holds itself out as being in the business of trash hauling was written on the trash truck shall be prima facie evidence that the trash truck was owned by and under the control of the employer so identified (b) Any member of the police department who personally observes a violation of this section may serve as the complaining party in the prosecution of such violation, regardless of whether the officer's observation was initiated by the complaint of another party (e) Section 2. Safet CI use The City Council hereby finds, determines, and declares that this Ordinance i promulgated under the general police power of the City of Wheat Ridge, that it is pro ulgated for the health, safety, and welfare of the public and that this Ordinance is ne essary for the preservation of health and safety and for the protection of public conve ience and welfare The City Council further determines that the Ordinance bears a ra onal relation to the proper legislative object sought to be attained ; Conflictin Ordinances Re ealed. If any section, ordinance shall be deemed to be unconstitutional or f the remaining sections, subsections and clauses shall ther ordinances, parts of ordinances or codes adopted rovisions of this ordinance or the code or ordinance ealed. Section 3 Severabil subsection or clause of this otherwise invalid, the validity not be affected thereby All thereby in conflict with the adopted hereby are hereby r Section 4. Effective ate. This Ordinance shall take effect fifteen days after final publication, as provided y Section 5.11 of the Charter. INTRODUCED, REA ,AND ADOPTED on first reading by a vote of 8 to o on this 9th da of May , 2005, ordered published in full in a newspaper of gener I circulation in the City of Wheat Ridge and Public Hearing Auy A><::TIV(-r-y occ f..QO(S"CS S'-O~I::t:..e t!:!OU7f;>uc.~ t::J",:.. c..A<P~....c> ~r ~ Anzy-cvr ~ eo~u>e~c:>/ If $f>o~ c:o=- Att~<<D ~y ~ et-"r"{' <;?rh4~t:.. ~~ ~GC.f4..t"t:... FtaO~ ~ lc';;:;'~l{C6SM~ -CB= "7::$Ct'> ;:ce""" ITEM NO' ,). REQUEST FOR CITY COUNCIL ACTION ~~ '~f"", 1~=IU COUNCIL MEETING DATE: June 13,2005 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. I:8J PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS D ORDINANCES FOR 1ST READING (Date:) ~ ORDINANCES FOR 2ND READING Quasi -J udicial. ~ No c~:~ 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 wlthm the City. Provisions of the MTC generally mirror their counterpart state traffic statutes, located in Title 42 of the Colorado Revised Statutes (C.R.S). Last year, the Colorado Legislature adopted a bill that amended certain prov1S1ons ofC.R.S. Title 42 House Bill 04-1193 amended several statutes concerning the operatIOn ofa vehicle without valid proof of msurance. The general mtent 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. ~ 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 mmlmum fines were increased; and (2) fifty percent (50%) of tines collected for NPOI 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 agam conform with the state NPOI statute. COMMISSION/BOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: The proposed ordmance will increase the mmimum 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 appropnate msurance as required by law has been obtained. Upon a second violation within a period of five years following a pnor conviction, in addition to any impnsonment Imposed, the proposed ordinance will increase 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 ordmance and the City's NPOI proviSIOn Will not conform with the state NPOI statute FINANCIAL IMPACT: Fifty percent of all fines collected under this ordmance 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. 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 Ordmance 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 second readmg, and that it take effect 15 days after final pubhcation." or, "1 move to table mdefimtely Council BIlll 0-2005 for the followmg reason(s) Report Prepared by" Reviewed by' Patnck Goff, Deputy City Manager Dan Brennan, Chief of Police Kersten Armstrong, Court Admmistrator Attachments: 1 June 3, 2005 Memorandum 2. Council Bill 10-2005 050613 NPOI CAF City of Wheat Ridge Office of the City Manager Memorandum TO' Mayor and City Council FROM: Randy Young, City Manager DATE: June 3, 2005 SUBJECT: No Proof ofInsurance (NPOI) Ordmance At the May 23, 2005 regular City Council meetmg, 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 offifty percent of such collected penalties as authorized by law was heard on first reading. If adopted, the ordinance would increase the mandatory mimmum tines for violating the NPOI provision of the model traffic code and would allow the Wheat Ridge Police Department to keep 50% of the fines collected for community policmg and crime prevention projects and purposes. A motion was made to direct statf to research the possibility of disbursing the collected fines to the police department and the victim. The City Attorney's Office, Police Department, Municipal Court and Admmlstration researched this option and recommend that the disbursement of collected fines remam as stated m Council Bill 10-2005 This recommendation IS based on the following: 1. Amending the ordmance would fail to achieve what the proposed ordinance is mtended to do - match the City's NPOI provisions with the new State NPOI provisions. 2. The City already has in place a V ALE surcharge on municipal court fines that IS used to help fund the Victim Outreach InformatIOn (VOl) program in Wheat Ridge. 3. Victim Outreach Information has a fund for assisting victims m emergency situations, including traffic accident related incidents. 4 Amendmg the ordinance would put the Municipal Court in the position of treating the "victims" ofNPOI aCCidents differently than the "victims" of any other traffic violations. 5. Collection, tracking and making payment to victims would add considerable staff time and other resources to accomplish. 6. Disbursmg these additional revenues to the Police Department will enable the Department to mitiate community policing and crime prevention projects. For these reasons, we respectfully request that City Council approve Council Bill 10-2005 on second reading as written. ~TTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER GOKEY 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 ~ 42-4-1409 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 2 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 ($1,000 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 (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 Severability; Conflicting Ordinances Repealed If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby All other ordinances, parts of ordinances or codes adopted thereby in conflict with the provisions of this ordinance or the code or ordinance ~o~d~re~are~re~re~a~ Section 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 8 to o on this 23rd day of May , 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 June 13. , 2005, at 7'00 o'clock p.m, 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. May 26, 2005 Second Publication' Wheat Ridge Transcript: Effective Date 3 ITEM NO: &; , REQUEST FOR CITY COUNCIL ACTION pi c".<-~~,j ',->>) J COUNCIL MEETING DATE June 13, 2005 TITLE: RESOLUTION NO. 28-2005: A RESOLUTION AMENDING THE FISCAL YEAR 2005 BUDGET AND A WARD RFP-05-02 FOR THE PURCHASE OF BROADCAST AUTOMATION AND CONTROL SYSTEM, AND EQUIPMENT FOR OPERATION OF THE GOVERNMENT ACCESS CHANNELS o PUBLIC HEARING ~ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date._) o ORDINANCES FOR 2ND READING Quasi-Judicial. D Yes ~ No c~r~ EXECUTIVE SUMMARY: The current broadcast system that is used to broadcast live Council meetings and replay vanous programs has been experiencmg multiple problems. One unit has already been replaced and the heads on the main deck have recently failed and can no longer be used. Because of this, a request for qualifications from video equipment vendors was completed for replacement of the existmg broadcasting equipment. Quotes were also received to relocate the videographer station to the back room and to add a computer presentation display system. The existing system was mstalled by AT&T in 2001 as part of the renewed franchise agreement. At that time, they installed a copy and playback system which was the bare mmimum required to broadcast live council meetings but is not compatible with the current digital systems bemg utilized by Comcast and does not provide quality playback. On January 11 _ 2005, two (2) responsive proposals were received. The two (2) firms were interviewed by the evaluation committee. The number one ranked firm was 5280 Digital, Centennial, CO References were checked and fees negotiated. The total negotiated amount is $88,758. Request for City Council Action Broadcast Automation Replacement and Upgrades -2- June 13.2005 COMMISSION/BOARD RECOMMENDA nON: None. STATEMENT OF THE ISSUES: Two (2) responsive proposals were received for the items listed below The Evaluation Committee consisted of City of North glenn Channel 8 Specialist; City of Wheat Ridge's contract Videographer; and City of Wheat Ridge Information Technology representative, and the Assistant to the City Manager Interviews were conducted. Broadcast Automation and Control Replacement Staff requested proposals to replace the city's eXisting broadcast system with a digital system to mclude the following: 'y remote locatIOn programmmg for two channels (capable ofmcluding the school district at a later date) " interface capability with the existing TargetVision system 'y addition of a character generator capable of providing graphic and text overlay during Council meetings y minimum digital storage of 100 programming hours y installation and trainmg y interface capability with our eXisting sound system for live feed The proposal from 5280 Digital mcluded a software based system that will require an annual licensing agreement in the amount of $2,450 Relocation of Videol!:rapher Station Quotes were received to relocate the existing videographer station from the entrance of the council chambers to the equipment room behind the City Council. ThiS will give the videographer greater control over the new digital equipment, character generator, and presentation system without interrupting the Council or audience during meetings. Computer Presentation Displav System A third quote was received to add a computer presentatIOn display system to the Council Chambers. The quote included equipment to provide a computerized system that would improve the audiences' and Council's view of power point presentations as well as connect to the broadcast system for improved graphiC display for live broadcast and recasts of the televised council meetings. The quote Request for City Council Action Broadcast Automation Replacement and Upgrades -3- June 13,2005 received included a 120" projection screen mounted directly above City Council for audience viewing, and 6 monitors for the City Council's viewing (2 in each section of the diaz). In addition, a scaler and switcher will be added to route the presentations to the broadcast system for improved graphiCS for the television viewing audience. This will be accomplished through the addition of a computer notebook installed at the podium that is wired to the display system and digital broadcast system. AL TERNA TIVES CONSIDERED: EXisting eqUipment could be replaced and maintained as a copy and playback system at a mmimal cost, but with the industry moving toward complete dlgitization of programming, statl is recommending purchase of a digital broadcast system m order to stay current in the mdustry and compatible with Comcast. FINANCIAL IMPACT: The city collects approximately $41,000 per year from Comcast subscribers for replacement of the broadcast eqUipment used for channels 8 and 22 programming. These fees are referred to as PEG (public, education, government) fees, are collected by Comcast and can only be used for equipment to support operation of channels 8 and 22. The balance offees collected to date is $133,367 and IS part of the general fund undeslgnated reserves (see attached PEG fee spreadsheet). By the end ofthe year, the balance would be about $165,000 A fund balance of PEG fees is maintained at a mmimum of $50,000 for camera replacement leavmg a balance of approximately $115,000 that could be used toward the purchase of the new system. Total cost for the proposed broadcast system replacement, relocatIOn ofvideographer, and addItion of a presentation display system is approximately $88,758 RECOMMENDED MOTION: "I move to award RFP-05-02 Broadcast Automation and Control Upgrade to 5280 Digital in the total amount of$67,788 00 I also move to approve a ten percent contmgency In the total amountof$6,779 for this project'" "I move to approve the proposal by 5280 Digital for the relocation of the video control and momtor statIOn in the total amount of$3,675 I also move to approve a ten percent contmgency in the amount of$367." "I move to approve the proposal by 5280 Digital for the computer presentation display system in the total amount of$17,295 I also move to approve a ten percent contingency in the amountof$I,730" "I move to approve Resolution No. 28-2005 amending the fiscal year 2005 budget for the purchase and Installation of broadcast automation and control upgrades as approved by Council." Request for City Council Action Broadcast Automation Replacement and Upgrades -4- Recommended Motions (continued) Or, "I move to table thiS Item for further review and discussion." Report Prepared by' Barbara Delgadillo, Assistant to City Manager Reviewed by: Linda Tnmble, Purchasing Agent Randy Young, City Manager /bd Attachments: 1. Resolution No. 28-2005 2. Quotes from 5280 Digital 3 PEG Fee Balance Sheet June 13,2005 RESOLUTION NO. 28 Series of 2005 A RESOLUTION AMENDING THE FISCAL YEAR 2005 BUDGET AND AWARD OF RFP-05-02 FOR THE PURCHASE OF BROADCAST AUTOMATION AND CONTROL SYSTEM, AND EQUPMENT FOR OPERATION OF THE GOVERNMENT ACCESS CHANNELS WHEREAS, the City Council recognizes the need for a new broadcast system as part of it's strategic plan to maintain an open and transparent city government; and WHEREAS, the use of PEG (public education and government) fees can only be utilized for equipment needed for operating the government access channels; 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: A. The City Council authorizes the transfer of $97,634 for the purchase of a new broadcast system, computer presentation system, and relocation of video controls and monitor station from the general fund undesignated reserves to account 01-113-700-704 and amending the 2005 fiscal year budget accordingly DONE AND RESOLVED THIS 13th day of June 2005. Gretchen Cerveny, Mayor ATTEST: Pamela Y. Anderson, City Clerk ATTACHMENT 1 '" " UJ '9 , z o i= ~ o :J o '" o o !::' "-' "' ~ 0; o - &I ... -- eI -- a 0; "- ~ ~ ~ ~ d'i11,t ',~-1.'1 g '0 ~ '" 0; o i'! m D ~ m g ~- ~ ~ ~ ~ -~ ~ '0<(01--("') ii:.cU~~Q) ai ~ 11)- ,!;; 0 -0 (l)... Ol~ M .-C ~ ~"O ~~~ij~ ~ g ~ ~ 5 "m U~S:S~ ~ ~ ~ '" ....3 " wI>: "- ON " 00- B ~ 0 '" 0: ... W Z 0: o => <.> 0- " 0 ~ ~ Z =>0 o Zu ~ c( . .. ,",0 g " '" ... ~ '" <.> Q '" o 0: CD o zO 0'; (ij~ z . W'" 0-'" X'" W o o '" 0-"' -on Z - =>~ '" ,; <Ii 0.. 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W " !: _ N '" "" "' <D f- a> '" .... <L TERMS & CONDITIONS OF SALE SELl.FR Seller" within this '\grccmcnt IS defined as 5280 Digital TIle PURClIASER "Purchaser" within this '\gretcmcnt IS defined as the customer one who has Cxrrl's~ly rl'ttuc~tcd the SCf\iCl'S of the Selkr 'lhts mcludes any 'mJ j people who purcha~c Items horn Seller 1. I~Ql'rPMEN.l' "h.-julpml:nt" lllc1Ulks any s,)ftware, hardware and accessories referenct'd \V1thin tne sales quote together With any additional eqUlpment sold Of delivered to Purchaser b~. Seller SERVIU,' - "Service" is anv action and/of labor n.'ljuircd by St.:llcr for Purchaser. SIIlPMI~NT All JdivlTY is I' o.B. ,hipping pomt unk~s othcI\\'1sC indloted. I\nv delivery dates herein arc I,rcdictions made bl-' Seller ()f the times within which it anticipates makinv 'ihipmcnts awl an: nut p;uarantecs of ddivcrv by such dates Selln shall use Its rea.'>onabk effort, to comply with ~uch schedules, but shall not be liable in Jamag<:'-, ur othefWise, 1'lor sh.;l.l\ Purchaser be relieveu (If Its perfo1iTlance hereunder because of Seller's failure to meet ~uch delivery dates. Tit]e to and risk of 'If d:unage to j;.quipment shall pass tl' Purcnasu UP('" deliver\" to the urrier. Purcha'ier shall han. the responslbtlity to obtain and pay for insurance and negotiate with tht, carner and/or insurer in the event of mls dehvery, loss or damage, even if Seller has St.cured insurance at Purchaser's reyuest. In the absence of specific instnlCtions, Seller will ship by what it deems to be the most apprnpnate mrthod Purchasu will pay all freIght ch;ugcs unless other\vlse noted. \'\ncn special or expurt packag1ng IS requested or required in the opinion of Seller, the CllSt of same, if not stated herein, will be an additional charge. S..:-ller shalt not be hable for am: ddav in deliVl.;r"\" or other failure of pl.;rfoffilance hl.;rcunJl.;r due to any Lauses bq.ond its control, indudin~, but not limited to acts of (. ~{)J or governments, labor disputes (,r lOability to Sl'Cure materials, labor or transportation. In the event of such dda", ScUer's tltne for Jdi\crv or other pl.;rfo1iTlance shan be extended for a period e,-\ua] to the duratlun of such ddav 1\11 regue'its to re~cheJulc or caned an (lrder arc sublcct to acceptance by 52f\11 Dlg1tallnc. Seller resef\t.:s thc right to assl.;SS a rescht.:du]ing or t"ancdlahon charge fur reL/uests rect.:i..ed within thirty Oll) uf a scheduled shirring date. Purchaser mmt notil): Sdlcr, m writing, of anv freight ',mage claIms within ten (UJ) days from date of fl'ct.'ipt of e4uipment. helF,ht cla\ffis ct.'ived br Sdkr ,Ifter the said time frame will not be accepted 6. PRICFS Prices "f J..qUlpment guoted hert.'in and/or on any surp]emt.:ntan' ~chcduk~, uilk~<; uthlrw1sc mUicatcd, du not mcluue installation costs or any salt,s, use, eXCIse or other ~lmtlar tax \c\ieJ by the United Stare~ or a state of subdlvl,ion thereof The amount of lnv sales, USl.;, t.:xcise or othcr simtlar tax apphcable to thlS I\grt.:ement or the t.:quipmcnt covned thnebv shall be paid br Purchasl.;r to the appropriate taxing authority ,md PurchaSl.;r wll] indemnify Sdkr and hold it harmles~ lrum am. claim, co,t or cxpen~e as a result ot Purchaser's failure to make any ~uch payml'nt 7 TFR1-1S: P,\Yl\1FNT Payment teffi1S art.: as provItkd on the attached 4uotation herenf. Delav 1n ueh-':t:rv of:l portion of any EqU\pml:nt shall not extt.:llu Purchasl.;r's obligation to make payment pursuant to the tt.:rms uf this '\greemt;nt for b-jrupment already ddivereu Purchasn agrees to ~ubmlt reasunable financial info1iTlation if requt'sted by Sdlcr Seller mar at arlj' tlml.;, when, 10 Its op1Ollm, the finanCIal condition of the Purchasl.;r so warrants or Sdkr deems itself insecure or if Pun.:haser faus to make payments when Jue, Olr ntherwise defaults hereunder, alter thl.; te1iTlS of payment, indudlllg lkelaring any unpaid balance immediately due and parah]l~, sllspend credIt and dday shIpment until such terms arc met, or pursue any remt;dies available at law (including but not limited to, all nghts and remcdlCs of a secured creditor pursuant to the ['nifo1iTl CommerCIal C.ode) or undt.'r this '\/-,'Teemt'nt, and in any such event Sdkr sh;l.1\ be entitled to reImbursement from Purchaser for ll'i <".olkctiuo co,:;t", a.mi expcnses, mcludmg reasonab\c attorney's fees. If any actlfln is taken by Seller tn enforce thl~ contract induding these tl'rms and cqndi\i'J\l~, Sd\n ~hal.l bl: cnnned to recovcr Its costs and reasonable attotllq"s fel.;s, regardless of whcthl.;r any sult may be brought by Seller. Seller may char~e 1 1)2 "i" (lr maximum allowable by ]aw per m(>oth on overJue acc"unts. If thl.; prices stated herein ft'present a nl.;gonated pnce basl'd un a quantity purchase uf items of bquipment, Purchaser agrl.eS that if the purchase of all such items is not mplete, then the prices of tho~c It(ms actually rurcha~ed shall bl: subwct to a w mvoice to Purchaser Signature Name (printl'd) H. RFn'RNS Seller IS under no obligation to accept returns. Purchaser may not rl'turn any product purchased heteunder, without prior written authorization from Seller. Restocking chargcs may apply to any retutncd product, and these charges wilt be at the sole d1",cretion nf the SeHer An returneu produds fiu,t be 1tl new condition and inclut!1: ;ill packaging, manuals, warranties, and rclated document:1tion as proviued by the manufacturer 'J SECURITy N-;REFMENT Purchaser hereby grants Seller a purchase mooey security intcrt.'st in all Lquipment sold hereunJer until ;l.U cha.rges thert:fm:c have been paid in fu]1. Purchaser ~hal] l.;)(ccute and deliver, at Seller's request, customary financing statement" to l'etfcct Sdlcr'" ,;ccunty 1nterest. If Punhasn fails to execute such financing statl'ment after requestl.;d bv Seller to do so, Purchaser wants Sdkr a pnwer of attornev to execute such fmancmg statements \>0 behalf of Purchaser to. U lANCES - Seller reservl.;S the right to modify or lhangc h'juipment in whole or in part at anv tUlle pnnr to deliver\' to include e1ectrica] or mechanical refineml.;nts It deems appmpnate without incurring any obligation to modIfy or change anr bluipmenr prevlOus]v dclivcred or to suppl\' new I~yuipmr:nt III accordance with earher specifIcations. 11. \,\'ARRAN.ll:: 1.IMITATIONClFUABIUT\ TIlFSC)l.F\'\.,\RR..ANTYTO 11 IE EQUIPMI':NT]S TIIF W.ARRANTy (II' i\N'r) S11PPLlED BY TIll-' OR1ClNAL M..J\NUI;ACTllRFR. EXCEPT AS SEi" FORTH HERI']N, SELLER DISCLAIMS ANY AND I\J.L \'('ARRANTlES TO.n IF EQllJPMENT SULD IN(].l,nING BUT N()T I .lMlTFD T( l, ANY W I\RRI\NT\:, I .;XPRI':SS UR Ii\fPUED OR MERCIIANTABILlTy OR (-,]TNESS J.()R 1\ PARTILU.AR PI lRPOSI' PL'RCIlASER'S SOU, RFr-,,1ED\ FOR "Ny BREACH OF \,\ii\RRANTy IS \\T1'I1 Till, ~1,\NUI;i\CI.URER (.11; Till,' F<2l'[PMENT 12. EXCLUSION Or Dl\MAC;F...S IN NO FVENT SllAl.l. SELLFR rH' UABU I-'(JR ANY c(lNS]':QUENTIAL ClR C;I':NERAI, DAMj\<.;ES ]N '\N\ ,\CI.ION, \'\-'1 IETI lER HA...<:;\.:n <. IN T< }RT, U )NTRACT, <. m <. rl'l \ER\\.ISl ;., IN C<JNNECTH)N WrJ"lI TIIlS ^(;RI'J~MFNT, EQI'Ii'M!~NT em. SFRVIChS I'URN\SHED HEREl'NDER. }'L'RTl }FR, IN ND EVENT SIT:\!.!. FITIIl.:R SELLER OR PURClIASER HI' LlABU. FOR U )NSEQ1'ENTlt\L DAl\L\CFS I;DR RRl; AU1 Ol. TI JlS 1\C;REEMEN'J". TilL DAMA<.;F..s "XCLlIDFD 1 :NDFR TillS PAR,\GRAPIlINCLUDE, nUT t\}{I.' NUT LIMITFD T( l, PURCHASER'S LOSS OJ' ACTUAL OR i\NTIClPATED PROFITS, LOSS 01, BROADCASTIN(; rI1\1F, ,\ND ])A~1A(.;I.' To Tllr:' nUSINESS REPL1TATION t)F ShU.I.'.R. AND PUR(]IASER. PUR(:IIASI.:R'S SOl.!, RI~MED\ AGAINST SFlJ.l':R S] IAI.J, BF I.lMITED To 'nil. REP,\YMENT OF Till; PL:RUII\SF FRHT CPt IN RbTL'RN <)FTIII,' EQL'IPl\ll':NT. 11. (;I~N]~RAI .I.his agrl.;ement is OIlt assign;lblc by Purchaser with()ut Sl:\ler's pI1t,rwritten Cllllsent. Anr attempt t() a~sign anI' nghts, duties or obligations hen'under without Seller's wnt!!.:n (('oscnt shall be void. The eXIstence, interpretation and performance of this Agreement arc gtl\Tffied by the laws uf the State of Colorado. This AgrtTment shall not come IOto effl.;ct nur will Seller have anr duty to perfonn until accepted br ~eller in writing at Seller's corporate headquartlfs in Centt'nnial, <""]'Jrat!o. .l'his A~r~tment contains the entire agreement uf the partll.s ant! superceJes all prior proposals and negotiations inc!udin!!: any terms (If any purchase nnitf ,>ubmitted by Purchaser. This Agr(;l~ml'nt cannot be moddied, amended, or rescinded except as otherwi.se pt:0\idelc\ fm herein, except in wnting ,inU ~igned by all the parties hefl:to. 14, \VAIVER The failure of either party to enforce any prllvision of these (~rms and condltions shall not be construed as a wain'r of such provision or the right hercaftlT to enforce each and every provision. No walVer Lv either party, express (lr imphed, ,)f any breach ()fthese teons and nmditions shall be ",nstnled as a waiver of anr othl.;r breach of such term or CO!ldlt10n Title: Date: (~(lmpan~ Fees CollectedJUsed $11,534.50 $11,720.50 $11,548.50 $11,373.50 $10,97400 ($1,852.00) ($20,300.00) $9,889.50 $12,706.00 $11,09950 $11,186.50 ($2,640.00) ($4,029.85) $10,859.00 ($10,292.77) $10,701.00 ($989.00) $10,582.00 $10,776.50 ($2,640.00) ($249 05) $10,476.50 ($296.00) ($109,00) $10,736.50 $10,710.00 ($109.00) PEG FEES Date April - June 2001 July - September 2001 October - December 2001 January - March 2002 April - June 2002 May-July 2002 July, 2002 July - September 2002 October - December 2002 January - March 2003 April - June 2003 July-03 July-03 July - Sept. 2003 October-03 Oct - Dec 2003 January-04 January - March 2004 April - June 2004 July-04 October-04 July - September 2004 December-04 December-04 October - December 04 Jan-March 05 April-05 Puroose BALANCE $133,367.33 Peg Revenue Peg Revenue Peg Revenue Peg Revenue Peg Revenue CD and VHS Player TargetVision System Peg Revenue Peg Revenue Peg Revenue Peg Revenue Target Vision system/equipment maintenance Portable video camera and accessory equipment Peg Revenue Avid Xpress System and LCD Projector Peg Revenue CEAVCO - Camera Equipment Peg Revenue Peg Revenue Target Vision system/equipment maintenance DVD Player Replacements Peg Revenue Cables and infrared jumpers (2 each) Tapes Peg Revenue Peg Revenue Tapes ATT~C;HIVIENT 3 I ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: June 13,2005 TITLE: RATIFICATION OF MAYORAL APPOINTMENT TO HOUSING AUTHORITY o PUBLIC HEARING [gJ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: ~) o ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes [gJ No ~C>.->rd CityM ger ~ ~zr~ Ity Clerk EXECUTIVE SUMMARY: The Mayor appoints the members of the Wheat Ridge Housing Authority Mayor Gretchen Cerveny received an application for appointment from Janice Thompson for the District IV vacancy by Kathryn Fulton, whose term expires March 2, 2008 Mayor Cerveny wishes appoint Ms. Thompson to the Authority, and submits the appointment to City Council for ratification. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: N/A ALTERNATIVES CONSIDERED: To not approve the appointment of Janice Thompson to the Wheat Ridge Housing Authority. FINANCIAL IMPACT: N/A " IOl5\ribuled 10: Council: y: Date: 57,.3 Ics' Mayor: <./ City Clerk: v- City Mgr v City T reas: City i.i)" L/ r:41C<AL IN hd e Dept. H"ads: ~ I ,.- - -- t:::., ""-oS... -- ; , oJ L EiIU~:-,: TJ ;;'~', 051'1/\"( I 3 PM 12: PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION --. - APPLICATION FOR APPOINTMENT TO THE. -Abd/J11172 4d{c7'~ ' (BOARD/COMMI' SION/COMMITTEE) DATE ,~ - 13 - 03 DISTRICT .1/ HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: Sty >I/?S ARE YOU A REGISTERED VOTER? .vf" '5 / E OU Sf EKING THIS APPOINTMENT?~ DO YOU HAVE EXPERIENCE IN THIS AREA? L;tO , HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COM ISSION/COMMITTEE AND IF SO, ICH ONE? HO LONG? /1 er ~ l 'q 15 /"'"/7 1'/'5' ADDRESS: HOME PHONE: 3 - ~d BUSINESS PHONE' l5'~s-l t:!2:'? V5e' h~?J1{/ # E-MAIL ADDRESS YMU{ he> ~Z7Ic:-G,,(l ?~pcl17t<l-{ APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR Janice Smothers "rom: ,ent: 0: Cc: Subject: Kathy Field Monday, April 25, 2005 10:23 AM Alan White Janice Smothers FW' Housing Authority Resignation FYI -----Original Message----- From: Kathryn and Richard Fulton [mailto:fultons2@comcast.net] Sent: Monday, April 25, 2005 10:28 AM To Larry Nelson (E-mail); Kathy Field; Kent Davis (E-mail); Kathy Nuanes; jerryditullio@comcast net; Dick Matthews (E-mail); cheryl@thankem. com Subject: Housing Authority Resignation Dear Wheat Ridge Housing Authority: I am pleased to announce that my family and I will be moving to Durango Colorado. My husband, Richard, has accepted a job as assistant professor of teacher education at Fort Lewjs College We will move in early June. I have greatly enjoyed my association with all of you, and feel pleased with the work that we have accomplished in Wheat Ridge. I have faith that you all will continue this important work of creating home ownership opportunities and improving the appeal of the city 1 will be available through the end of May and am happy to be of service to the authority until then. Thank you for the opportunity to have served this community. Lncerely, Kathryn Fulton 1 * GENERAL AGENDA ITEM COMMENT ROSTER DATE: June 13. Z005 ANY PERSON MAY SPEAK CONCERNING ANY AGENDA ITEM. EACH SUCH PERSON MUST SIGN THIS ROSTER, STATING NAME, ADDRESS, AND AGENDA ITEM NUMBER. THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO, A PUBLIC HEARING, MUST SIGN THE APPLICABLE PUBLIC HEARING ROSTER. PLEASE PRINT Jl J ! 11 NAME ADDRESS AGENDA ITEM NO. CITIZENS' RIGHT TO SPEAK DATE: June 13. 2005 ANY PERSON MAY SPEAK ON MATTERS OTHER THAN AGENDA ITEMS FOR A MAXIMUM OF THREE MINUTES, UNLESS ADDITIONAL TIME IS GRANTED BY AGREEMENT OF COUNCIL. * EACH SUCH PERSON MUST SIGN THE PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT11111111 NAME ADDRESS TOPIC - CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO.2. June 13, 2005 PUBLIC BEARING BEFORE THE WHEAT RIDGE CITY COUNCIL CASE NO. COUNCIL BILL NO. TITLE: APPROVAL FOR THE REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING * PLEASE PRINT YOUR NAME AND ADDRESS CHECK IN FAVOR OPPOSED IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO.3. June 13. 2005 PUBLIC BEARING BEFORE THE WHEAT RIDGE CI'l'Y COUNCIL COUNCIL BILL NO. 08-2005 CASE NO. TITLE: AN ORDINANCE AMENDING SECTION 16-127(e) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING SALE OF ALCOHOL TO MINORS. /( PLEASE PRIN'l' YOUR NAME AND ADDRESS CHECK IN FAVOR OPPOSED IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl CITY OF WHEAT RIDGE PUBLIC HEARING ROSTER AGENDA ITEM NO.4. June 13. 2005 PUBLIC HEARING BEFORE THE WHEAT RIDGE CI'l'Y COUNCIL CASE NO. COUNCIL BILL NO. 09-2005 TITLE: AN ORDINANCE REPEALING AND REENACTING SECTION 16-103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING UNREASONABLE NOISE AND DISTURBING THE PEACE. * PLEASE PRIIIIT YOUR NAME AND ADDRESS CHECK IN FAVOR OPPOSED IF YOU IllEED MORE ROOM PLEASE SIGB ON BACK OF PAGEl CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO.5. June 13. 2005 PUBLIC BEARING BEFORE THE WHEAT RIDGE CI'I'Y COUNCIL CASE NO. COUNCIL BILL NO. 10-2005 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. *: PLEASE PRINT YOUR I!iJAME AND ADDRESS CHECK IN FAVOR OPPOSED IF YOU IilEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl ~~ " '\ ~,\, W /! '\ I r'G' -- i 7"-- \ "', /' ---- ; ~ -....... '- '- l _) ')L:'] , - ~ ../ \ ~ ...t -~ G \(-\~ L , ". :'......L ( ~\'.. \ \J ^ C of .. i ") ~ ^ - 1- -1\ \ - .""" '- '-' ^) /1 -t1'VJl Wlt'l,-1[Jc ~ ((elL 1'-\ cflu-..dUli!t,--f." ) ~ 8f- 'Vi!, i-f t>vt-! ~ ;, ~ " . _jt" tc) ( ')-? e r -? cY - (I 't; -( "' (;1 ' I ( [..t ,J'y' ) T>- C>~l0~ L.,,[., t lr:'> I ~ I dJ 01, '- (I. ro.ck-.. + @~w @@(!lJ[m@~f1I~[m(!lJlJ~@ CITY OF WHEAT RIDGE, COLORADO J.YJ\ l L/'\; ,J June 13. 2005 ~ IUj.;\f' 7' ~ y V" J . (j Mayor Pro Tem Schulz called the Regul~City CouncW'Meeting to or<;j.er at ~ p p;r Cou~cijp1embers present: Karen Adams, Karen. BelJ'1, Jerry :DiTulli6, Dea~ Gokey, Lena Rotolcf. Wanda San~arry eSAulz, and Mike Stites Mayor Cerveny was out of town Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, Deputy City Manager Patrick Goff; City Attorney, Gerald Dahl, Director of Community Development, Alan White, Director of Public Works, Tim Paranto, Director of Parks and Recreation, Joyce Manwaring, staff; and interested citizens APPROVAL OF MINUTES OF Mav 23.2005 and Mav 27. 2005 ~,\,\\0 5 Motion by \/\ \ v"- for the approval of the Minutes of May 23,2005, seconded by , ,tHV , carried {t,VuJl (j Motion by for the approval of the Minutes of May ~7, 2005, seconded by , carried ft - [J. CITIZENS' RIGHT TO SPEAK - ~eAf-u- ,"'/0 t1A v r ~ ~fro.uJ i^ 1(', 1'1l\'~\ yo ~l~ , ~ ~j~ r~: pilbMlls f,J CL ~ CI {';ye'-. nO}) Ihde;}nv- ~ / r[) , APPROVAL OF AGENDA I , . ~tr'V'-- . ~ Motion by A r)..CV11t 1 for the approval of the Agenda, seconded by , carried g./ 0 _ t'" rid (,1lj (. 1r'v Ie I "~t-e:7-r ~VJ 1'-11 'itd::t7r -h.).- ;-(1/0{ /1 CII./'C/ I ({#t.1-- 1~1~"T {t.-L__, Item 1. Consent Agenda: ((,( ('" ~~r, f-t Ie ,,{l,J! ((/ fl",.d } ~ c~. A. 2005 SCHEDULED FLEET REPLAC~~~~~;~~~~~~~'~ ~;<;~(E n1-~ TANDEM DUMP TRUCK & CHASSIS, DUMP BODY, PLOW PACKAGE, LIGHTING & HYDRAULICS, TWO COMBINATION SPREADER/SPRAYER DE-ICER UNITS & ONE "V"-BOX BROADCAST SPREADER UNIT B ACCEPTANCE OF A WARRANTY DEED FOR PARCEL AT 6761 WEST 37TH PLACE. -n.. .~ CITY COUNCIL MINUTES: June 13, 2005 Page -2- C APPROVAL FOR THE USE OF BANNERS FOR THE 36TH ANNUAL CARNATION FESTIVAL AND PARADE. D MOTION TO APPROVE AWARD OF RFQ-05-12 GIS MASTER PLAN/DATUM CONVERSION TO NOLTE ASSOCIATES IN AN AMOUNT NOT TO EXCEED $24, 050 00 AND FARNSWORTH GROUP IN AN AMOUNT NOT TO EXCEED $24,500 00 Consent Agenda was introduced and read by 01r [) I T., I {I r Motion by D 1 T, L ( l, 'U for approval of the Consent ~enda , seconded by 'SPvty , carried 0' .-/ D PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. APPROVAL FOR THE REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING Item 2 was introduced on second reading by Iv') IrS rz.. f-vL Motion by ~ol1)l t~ to reallocate 2004-2005 Community Development Block Grant funds in the amount of $10,935 to Phase I of the street and pedestrian improvements project for area bounded by 46th Avenue and 1-70, Estes through Carr Streets, seconded by VI /vLl (t c.< , carried .J ~C Item 3. COUNCIL BILL 08-2005 AN ORDINANCE AMENDING SECTION 16- 127(e) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING SALE OF ALCOHOL TO MINORS s "rJe vv"":f Council Bill 08-2005 was introduced on second reading by '^ City Clerk assigned Ordinance No 134,3 ~1f1J Aft; (ur,k.tJ: j)d~t ('It/hILt.c.! -n~l' <J1d!f 'up,o,+ Motion by t15 P( H'l) to approve Council Bill No 08-2005 on second reading and that it take effect immediately upon adoption, seconded by A (to.. rn) carried fl/{, I~ l-L..'hu, -rc i!.ll1t'Hd c.',) . J-,' .. -c e" L'l.t II pCtu')'j /, G CITY COUNCIL MINUTES: June 13, 2005 Page -3- Item 4. COUNCIL BILL 09-2005 AN ORDINANCE REPEALING AND REENACTING SECTION 16-103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING UNREASONABLE NOISE AND DISTURBING THE PEACE Council Bill 09-2005 was introduced on second reading by I.An SL,(,~ City Clerk assigned Ordinance No 1346 _ (" , n f' j I f (,'+-, IIHz'"LJ.:-< (;'-vt.J"f _ lltl-t{ ,-)tt'/"'Yl{(<J f'~<kA Ie "flct {)TfLtl -:Lj'I'C' ,--ll'i ~7. ? 7,. ) ( I 1 ( I I -f n o--{ v !iLL I, fL-f 1)(1/\0"( ,(\" 'li't[tl IU\..c._~ r<, f'.'Y r('/cA~CA/f,;Y -I () Ifd - liI'-"- ~ -- , C r ti M.cv"'<!. L- -- (S~c Motion by 5 ((;~':f to approve Council Bill 09-2005 on second reading, and that it take effect 15 days after final publication, seconded by T2.c.h.l {L , carried f ~ () . \: d II -\I I ( of, It L' ~L l,fA dl"vlt,JtA Vvl (~d s- 'j (~.fe ,.fd- )IVl-( .'6)IL~1 ,-i LrcC"'lt'pL.G. -f,y Jvwf.\'1 J ~V\</l'\'ts ) 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 , A ;'1.tjA Council Bill 10-2005 was introduced on second reading by VI ~ C>L --'; assigned Ordinance No 1347. City Clerk C A. "I'-c/ T~ 't-,41H ~ 1 , .rVG1C-fJcL f n-..G ,jf{[(t-f rc.r~ f Motion by 1-- LI' (C"'-tj to approve 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, on second reading, and that it take effect 15 days after final publication, seconded bY,~I~ ' carried ,5' /() , CITY COUNCil MINUTES: June 13, 2005 Page -4- DECISIONS. RESOlUITONS AND MOTIONS Item 6. RESOLUTION 28-2005 A RESOLUTION AMENDING THE FISCAL YEAR 2005 BUDGET FOR THE PURCHASE OF BROADCAST AUTOMATION AND CONTROL SYSTEM, AND EQUIPMENT FOR OPERATION OF THE GOVERNMENT ACCESS CHANNELS Resolution 28-2005 was introduced by' J111J'. 1!-r{c-4U1 [1 h? L ~C><-{<re~d the executive summary ire VM :lh"i!U ~ M.....-' Motion by to award RFP-05-02 Broadcast Automation and Control Upgrade to 5280 Digital in the total amount of $67,78800, and to approve a ten percent contingency in the total amount of $6,77000 for this project, and further moved to approve the proposal by 5280 Digital for the relocation of the video control and monitor station in the total amount of $3,675 00 and to approve a ten percent contingency in the amount of $367 00, and further moved to approve the proposal by 5280 Digital for the computer presentation display system in the total amount of $17,29500 and to approve a ten percent contingency in the amount of $1 ,73000 and further moved to approve Resolution No 28-2005 amending the fiscal year 2005 budget for the purchase and installation of broadcast automation and control upgrades as approved by Council, seconded by ,'2uh--Gt '"' ,)',c.'1 ' carried (-<' D Item 7. RATIFICATION OF MAYORAL APPOINTMENT TO THE HOUSING AUTHORITY _ I h h I {(<,-,cd L>'l?;- f.:~ PI I j..t!I,c. Motion by ,....il. 7h I ,J).l C to ratify the appointment of Janice Thompson to the Wheat Ridge Housing Authority, term ending March 2, 2008, seconded by Shf.e.~ carried ? -'i' CITY ATTORNt:Y'S MATTER:;) ELECTED OFFICIALS' MATTERS CITY COUNCIL MINUTES: June 13, 2005 Page -5- NLnlll .tL I' - ,','l L;; 'J e'('T\ \ ( ,ytt'l' ~- , II r------ VII,' I 'j-U"' ,> ( 'j'/r -------- '1'-1J Meeting adjourned at p m Pamela Y Anderson, City Clerk APPROVED BY CITY COUNCIL ON JUNE 27, 2005 BY A VOTE OF _ to _ Lena Rotola, Council President The preceding Minutes were prepared according to 347 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