HomeMy WebLinkAbout07/11/2005
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6:30 p.m. Pre-Meeting
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CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
July 11, 2005
7:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROV AL OF MINUTES OF June 27, 2005
CITIZENS' RIGHT TO SPEAK
1 Citizens, who wish, may speak on any matter not on the Agenda for a maximum of
3 Minutes and sign the Public Comment Roster.
2 Citizens who wish to speak on Agenda Items, please sign the GENERAL
AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is
called to be heard
APPROVAL OF AGENDA
Item 1.
Consent Agenda:
A. RESOLUTION 33-2005 - A RESOLUTION APPROVING AN
INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE
JEFFERSON COUNTY DEPARTMENT OF HEALTH AND
ENVIRONMENT AND THE CITY OF WHEAT RIDGE FOR
COOPERATIVE MOSQUITO MANAGEMENT PROGRAM IN THE
AMOUNT OF $5,913 00
B RESOLUTION 34-2005 - A RESOLUTION APPROVING THE FIRST
AMENDMENT TO ANNEXATION AND DEVELOPMENT
AGREEMENT AMONG THE CITY, CABELA'S RETAIL, lNC, AND
THE COORS BREWING COMPANY
C RESOLUTION 35-2005 - A RESOLUTION AMENDING THE FISCAL
YEAR 2005 CAPITAL INVESTMENT PROGRAM (CIP) BUDGET TO
REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIATION IN THE AMOUNT OF $127,700 TO EXPAND THE
SCOPE OF THE POLICE EVIDENCE COMPOUND PROJECT
CITY COUNCIL AGENDA. July 11, 2005
Page -2-
D APPROVE PURCHASE OF PARKS AND RECREATION MINIBUS IN
THE AMOUNT OF $53,755 00
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
COUNCIL BILL 12-2995 - AN ORDINANCE AMENDING SECTION 26-
204 AND SECTION 26-501 C 4 OF THE WHEAT RIDGE CODE OF
LAWS CONCERNING THE LOCATION OF PARKING FACILITIES
DECISIONS, RESOLUTIONS, AND MOTIONS
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
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CITY OF WHEAT RIDGE, COLORADO
June 27. 2005
Mayor Cerveny called the Regular City Council Meeting to order at 7 00 P m Councilmembers
present: Karen Adams, Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz,
and Mike Stites. Karen Berry was absent. Also present: City Clerk, Pamela Anderson, City
Manager, Randy Young, City Attorney, Gerald Dahl, Director of Community Development, Alan
White, Director of Public Works, Tim Paranto, staff; and interested citizens
APPROV AL OF MINUTES OF June 13, 2005
Motion by Mr DiTullio for the approval of the Minutes of June 13, 2005, seconded by Mrs
Sang, carried 7-0
CITIZENS' RIGHT TO SPEAK
Chief Jim Payne, of the Wheat Ridge Fire District, informed the public about the
prohibitions against any kind of fireworks in the City of Wheat Ridge He asked that the
Police be called when any violations are observed
Alice Datema, 4645 Robb Street, spoke about rental property owners' responsibilities
in maintaining their property She urged Council to prevent slumlords in Wheat Ridge
Roger Loecher, 4599 Carr Street, addressed his issues with the sign code
Mayor Cerveny announced two awards given to the City of Wheat Ridge' CIRSA
awarded the Motor Vehicle Safety Award, the Colorado Municipal League's Civic
Awareness Program Award for the 2004 Blue Ribbon Panel process.
Item 1.
Consent Agenda:
A. RESOLUTION 29-2005 - A RESOLUTION IMPLEMENTING THE
NATIONAL INCIDENT MANAGEMENT SYSTEM FOR THE CITY OF
WHEAT RIDGE, COLORADO
B RESOLUTION 30-2005 - A RESOLUTION AUTHORIZING TEN (10)
ADDITIONAL POLICE DEPARTMENT PERSONNEL AS APPROVED
BY THE VOTERS OF THE CITY OF WHEAT RIDGE AND
AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO
REFELCT THE APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIATION IN THE AMOUNT OF $92,877 TO HIRE THREE (3)
OF THE TEN (10) POLICE DEPARTMENT PERSONNEL, AND
$108,000 TO PURCHASE THREE (3) ADDITIONAL POLICE
VEHICLES
CITY COUNCIL MINUTES June 27,2005
Page -2-
C RESOLUTION 31-2005 -A RESOLUTION AMENDING THE FISCAL
YEAR 2005 BUDGET TO REFLECT THE ACCEPTANCE OF FUNDS
FROM THE WHEAT RIDGE ARTS COUNCIL IN THE AMOUNT OF
$2,20960 FOR THE PURPOSE OF LIGHTING THE BRONZE
STATUE LOCATED AT THE WHEAT RIDGE RECREATION
CENTER
D RESOLUTION 32-2005 - A RESOLUTION AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT WITH GREAT OUTDOORS
COLORADO (GO CO) TO ACCEPT A GRANT IN THE AMOUNT OF
$50,000 FOR PHASE III OF THE RECONSTRUCTION OF CLEAR
CREEK TRAIL.
Consent Agenda was introduced and read by Mrs Sang
Motion by Mrs Sang for approval of the Consent Agenda, seconded by Mr DiTullio,
carried 7-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
COUNCIL BILL 25-2004 - AN ORDINANCE ESTABLISHING A
STORMWATER MANAGEMENT UTILITY, SETTING SERVICE
CHARGES RELATED THERETO, AND PROVIDING FOR THE
MANAGEMENT THEREOF, INCLUDING USE OF REVENUES,
ADMINISTRATION OF PROGRAMS, APPEALS, AND ENFORCEMENT
Mayor Cerveny opened the public hearing
Council Bill 25-2004 was introduced on second reading by Mrs Sang City Clerk Pam
Anderson read the executive summary and assigned Ordinance No 1348
The following citizens spoke in opposition to the ordinance
Eugene Shirley
Thomas Slattery, representing Wheat Ridge United Neighborhoods
Joseph Coverdale
Their comments included that there is no need for this fee or a tax; this is against the
Tabor amendment. If you really want it, go to the voters
Ms Berry entered the meeting at 7.24 P m
Mayor Cerveny closed the public hearing
CITY COUNCIL MINUTES June 27,2005
Page -3-
Motion by Mrs Sang to postpone indefinitely Council Bill 25-2004, seconded by Mr
DiTullio and Mr Gokey; carried 7-0, with Ms Berry abstaining due to her absence
through a portion of the public hearing
Item 3.
Public Meeting on 2006 Budget.
Mayor Cerveny opened the public meeting on the 2006 Budget.
Pam Anderson read the executive summary and the statement of the issues
There were no citizens present to comment.
ORDINANCES ON FIRST READING
Item 4.
COUNCIL BILL 11-2005 - AN ORDINANCE PROVIDING FOR THE
APPROVAL OF A ZONE CHANGE FROM A-1 , AGRICULTURE-ONE
AND C-1, COMMERCIAL-ONE TO PLANNED COMMERCIAL
DEVELOPMENT AND FOR APPROVAL OF AN OUTLINE
DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 4900 AND 4990
PARFET STREET
(Case No WZ-05-05) (Michael G Pharo associates for Bear Land
Holdings)
Council Bill 11-2005 was introduced on first reading by Mr Gokey
Motion by Mr Gokey to approve Council Bill 11-2005 on first reading, order it published,
public hearing set for Monday, July 25, 2005 at 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
Item 5.
COUNCIL BILL 12-2005 - AN ORDINANCE AMENDING SECTION 26-
204 AND SECTION 26-501 C 4 OF THE WHEAT RIDGE CODE OF
LAWS CONCERNING THE LOCATION OF PARKING FACILITIES
Council Bill 12-2005 was introduced on first reading by Mr Gokey.
Motion by Mr Gokey to approve Council Bill 12-2005 on first reading, order it published,
public hearing set for Monday, July 11, 2005 at 7 00 P m in the City Council Chambers,
and that it take effect 15 days after final publication, seconded by Mrs Rotola,
carried 8-0
CITY COUNCIL MINUTES June 27, 2005
Page -4-
CITY MANAGER'S MATTERS
Randy Young reminded the public of the City's Open House tomorrow regarding
Neighborhood Revitalization Strategy Plan
CITY ATTORNEY'S MATTERS
Mr Dahl requested a motion to adjourn to executive session
ELECTED OFFICIALS' MATTERS
Motion by Mrs Sang to go into executive session for a conference with the City Attorney
under Charter Section 5 7 (b)(1) and Section 24-6-402 (4)(B), C R.S , specifically
concerning threatened litigation and further moved to adjourn the Council meeting at the
conclusion of the executive session, seconded by Mr Schulz; carried 8-0
Pamela Anderson had an announcement from the Assessor's Office regarding the
Homestead Act. You can get a break on your property taxes in 2007 if you apply by
July 15 this year You need to be at least 65 years old and been the owner of record in
your house at least 10 years and have used the house as your primary residence for 10
years If you want an application call the Assessor's Office at 303-271-8629
Meeting recessed to executive session at 7 47 P m
EXECUTIVE SESSION WAS HELD
APPROVED BY CITY COUNCIL ON JULY 11, 2005 BY A VOTE OF _ to _
Lena Rotola, Council President
The preceding Minutes were prepared according to S47 of Robert's Rules of Order, i e
they contain a record of what was done at the meeting, not what was said by the
members Tape recordings and video recordings of the meetings are available for
listening or viewing in the City Clerk's Office, as well as copies of Ordinances and
Resolutions
CITY OF WHEAT RIDGE, COLORADO
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7
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July 11, 2005
Mayor Cerveny called the Regular CiW Council Me~ng to order jW1 00 p m )X>uncilmemb~
present: Ka!YR Adams, Karen,Zerry, Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang,
Larry Schulz, and Mike Stites" Also present: City Clerk, Pamela Anderson, City Manager,
Randy Young, City Attorney, Gerald Dahl, Director of Community Development, Alan White,
Director of Public Works, Tim Paranto, staff; and interested citizens.
APPROVAL OF MINUTES OF June 27, 2005
e-
Motion by Mr DiTullio for the approval of the Minutes of June 27,2005, seconded by ;:ML,ev
carried f> D f)
CITIZENS' RIGHT TO SPEAK
APPROVAL OF AGENDA
Item 1.
Consent Aqenda:
A. RESOLUTION 33-2005 - A RESOLUTION APPROVING AN
INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE
JEFFERSON COUNTY DEPARTMENT OF HEALTH AND
ENVIRONMENT AND THE CITY OF WHEAT RIDGE FOR
COOPERATIVE MOSQUITO MANAGEMENT PROGRAM IN THE
AMOUNT OF $5,913 00
B. RESOLUTION 34-2005 - A RESOLUTION APPROVING THE FIRST
AMENDMENT TO ANNEXATION AND DEVELOPMENT
AGREEMENT AMONG THE CITY, CABELA'S RETAIL, INC , AND
THE COORS BREWING COMPANY.
C RESOLUTION 35-2005 - A RESOLUTION AMENDING THE FISCAL
YEAR 2005 CAPITAL INVESTMENT PROGRAM (CIP) BUDGET TO
REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIATION IN THE AMOUNT OF $127,700 TO EXPAND THE
SCOPE OF THE POLICE EVIDENCE COMPOUND PROJECT
CITY COUNCIL MINUTES July 11, 2005
Page -2-
D APPROVE PURCHASE OF PARKS AND RECREATION MINIBUS IN
THE AMOUNT OF $53,755 00
JrD _
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
COUNCIL BILL 12-2005 - AN ORDINANCE AMENDING SECTION 26-
204 AND SECTION 26-501 C 4 OF THE WHEAT RIDGE CODE OF
LAWS CONCERNING THE LOCATION OF PARKING FACILITIES
Council Bill 12-2005 was introduced on second reading by Mr Gokey City Clerk
Pamela Anderson assigned Ordinance No 1}~ :.- \ {(I,d .~ l,,.. f X C { C\' h" '- IUlAI\1< 'J
Motion by Mr Gokey to approve Council Bill 12-2005 (Ordinance No. 1348) on se<;:ond
reading and that it take effect 15 days after final publication, seconded by '='-c "t. {..'-
carried ? /' C
AlccI\ ,\;t-C\\--' Plf ,{.".:tccli(,\.\ Ci-\j:- r"ICe'"["c-ttJ, (l..;(4 Vl\..,t '>l' lie l'c~L::> C. c.
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CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
Meeting adjourned at7 ~i p m
Pamela Y Anderson, City Clerk
APPROVED BY CITY COUNCIL ON July 25, 2005 BY A VOTE OF _ to _
Lena Rotola, Council President
The preceding Minutes were prepared according to S47 of Robert's Rules of Order, i e
they contain a record of what was done at the meeting, not what was said by the
members Tape recordings and video recordings of the meetings are available for
listening or viewing in the City Clerk's Office, as well as copies of Ordinances and
Resolutions.
ITEM NO: -ill
REQUEST FOR CITY COUNCIL ACTION
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COUNCIL MEETING DATE-
July 11,2005
TITLE:
RESOLUTION 33-2005 - A RESOLUTION APPROVING AN
INTERGOVERNMENT AL AGREEMENT (IGA) BETWEEN THE
JEFFERSON COUNTY DEPARTMENT OF HEALTH AND
ENVIRONMENT AND THE CITY OF WHEAT RIDGE FOR
COOPERATIVE MOSQUITO MANAGEMENT PROGRAM IN
THE AMOUNT OF $5,913.00
D PUBLIC HEARING
D BIDS/MOTIONS
~ RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date)
D ORDINANCES FOR 2ND READING
QuasI-Judicial'
D
~
No
City~~
EXECUTIVE SUMMARY:
To effectively deal with the continuing threat of mosquito borne transmission of West Nile Virus the
Jefferson County Department of Health and Environment (JCDHE) has contracted with OtterTail
Environmental for integrated mosquito management. Mosquito season IS generally May through
September in Colorado With peak activity months being July and August. Although we cannot predict
how severc West Nile ViruS season will be this year, a typically wet spring, followed by a hot summer,
can increasc the population of infected mosquitoes. Warmer temperatures allow the mosquitoes to
complete their life cycle faster. JCDHE will be workmg with OtterTail Environmental to control the
mosquito species that can carry West Nile Virus. The primary means of control will be to monitor
habitat suitable for mosqUitoes throughout the county and eliminate larvae before they become adult
mosquitoes. The services are dctailed in the attached IGA.
OtterTail EnvlrOlunental will provide Integrated Mosquito Management (IMM) services which include
surveillance and monitoring, larval mosquito surveillance and control, public education, public health
emergency and adultlclding assistance if necessary, reports and record keepmg and other services as
outlmed in the IGA.
COMMISSION/BOARD RECOMMENDATION:
None.
STATEMENT OF THE ISSUES:
As explained in Attachment I, IMM Services have already begun in Jefferson County and Wheat
Ridge. However, due to negotiations and administrative procedures at the JCDHE, approval of the
IGA has been delayed until now
AL TERNA TIVES CONSIDERED:
An alternative would be for the City to coordinate its own prevention and control program. While this
is an option, It would neither be cost effective nor an effective countywide operation. In addition, the
City would be responsible for identifYing and mapping the affected areas, outreach and infonnation to
all residents and for applying any necessary larvicides and insecticides.
FINANCIAL IMPACT:
Total cost for full prevention and control services is $5,913, approximately a 32% decrease compared
to 2004.
RECOMMENDED MOTION:
"I move to approve Resolution 33-2005 - A Resolution Approving an Intergovernmental Agreement
(lGA) Between the Jefferson County Department of Health and Environment and the City of Wheat
Ridge for Cooperative Mosquito Management Program in the Amount of$5,913 00."
or,
"I move to table indefinitely Resolution 33-2005 for the following reason(s)
"
Report Prepared by'
ReViewed by:
Patrick Goff, Deputy City Manager
Randy Young, City Manager
Attachments:
1. June 15,2005 JCDHE IGA Transmittal Letter
2. IGA with Jefferson County Department of Health and Environment (JCDHE)
3. June 29, 2005 JCDHE Letter Amending IGA
4. Resolution 33-2005
Jefferson County
Department of Health
and Environment
http://health.j effco. us
To create, promote & enhallce
health & vitalitl' through
inn()"vafzon, cnllahoration
alld celehratioll
Administration
1 RIJ 1 I'll!. Street
Golden. CO R041J 1-1798
(303) 271-5700
Fax (303) 271-571J2
Lakewood
2nO South Kipling ';treet
Lakewood, CO 80226
(303) 232-n30 I
Fax (303) 239-70R8
Medical Records Confidential
Fax. 303-239-7157
Arvada
n303 Wadsworth Bypass
Arvada, ( 0 8001J3
(303) 275-7500
Fax (303) 27<;-7503
Conifer
Mountain Resource Center
11031J Kitty Drive
<- olllkr CO R0433
(303) 83R-7552
hx (303) 83R-3781
Environmental Health
180 I 19th Street
Golden. CO 80401
(303) 271-5755
Fax (303) 271-57hO
Edgewater \VIe
1981 B '>heridan Blvd.
Edgewater. CO 80214
(303) 239-95RO
Fax (303) 23'1-'15'12
Vital Records
ROO Jefferson Count) Parkwa)
Suite UOO
Golden, CO R040 1
(303) 271-0450
Fax (303) 271-0451
Public Health. . .
Everyday, Everywhere,
E.'eY)'olle
June 15,2005
Mr. GRandy Young, City Manager
City of Wheat Ridge
7500 W. 29th Ave
Wheat Ridge, CO 80033
ppf"l='nrf<-:D i
u.;,UN 1 610:J
Dear Mr Young'
The Intergovernmental Agreement (lGA) for the Cooperative MosqUlto
Management Program is attached for your review, approval and
appropnate signatures. Negotiations and administrative procedures
resulted in the delay m providing this to you sooner. County sponsored
Integrated Mosquito Management activities are ongoing in your
municipality at this time.
A suspense copy is also proVided for your files. Once we receive the IGA
back from you, we will present it to the Jefferson County Board of Health
for approval and signatures. Following the Board approval we will
proVide you with the finalized document.
We are pleased to mform you that we were able to have a competitive
blddmg process for the Mosquito Management Program. You Will note
that the service fee IS lower than past years.
Smcerely,
James al ,D!M~
Director, Environmental Health ServICes
Attachments. IGA with Exhibits A-E (2 copies)
o
ATTACHMENT 1
INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE
MOSQUITO MANAGEMENT PROGRAM
THIS INTERGOVERNMENTAL AGREEMENT is made and entered mto effective as of
the day of ,2005, between the JEFFERSON COUNTY DEP ARTMENT OF
HEALTH AND ENVIRONMENT, whose address is 1801 19th Street, Golden, CO 80401,
hereinafter referred to as the "Health Department", and the CITY OF WHEAT RIDGE, a
muniCIpal corporation ofthe State of Colorado, with its principal office located at 7500 W 29th Ave,
Wheat Ridge, CO, hereinafter referred to as "Municipality."
WITNESSETH:
WHEREAS, in order to effectively deal with the continuing threat of mosquito borne
transmission of West Nile Virus and other arboviral diseases, the Health Department has contracted
with OtterTail Environmental, Inc., ("Company") for Integrated Mosquito Management ("IMM")
services within certain areas of Jefferson County, Colorado, during the year 2005; and
WHEREAS, said IMM services are detailed in a document entItled PURCHASE OF
SERVICES AGREEMENT, signed April 19, 2005, a copy of whIch is attached hereto and
incorporated herein as Exhibit A, and the area to receive IMM services is set forth in the Coverage
Map, which is attached hereto and incorporated herein as Exhibit B, and
WHEREAS, for an addItional price to be paId to Company by the Municipality through
payment to the County, the Company through the directIOn of the Health Department will
perform requested IMM semces as outlined m PURCHASE OF SERVICES AGREEMENT as
clarified in Exhibit C (which is attached hereto and incorporated herein) within the boundaries of
MUnIcipality; and
WHEREAS, the County has proVIded funds to the Health Department for the IMM servIces
with the Company through a budget transfer and the Health Department will make payments to
Company from such funds; and
WHEREAS, the parties now desire to enter into this Intergovermnental Agreement so as to
memonalize their agreement with respect to theIr respectIve responsibilities regarding the
provlSlon of such IMM servIces withm Municipality's boundaries.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1 PROVISION OF IMM SERVICES BY COMPANY WITHIN
MUNICIP ALlTIY'S BOUNDARIES: Upon the signing of this Intergovernmental
Agreement by the parties hereto and the payment of the servIce fee by Mumcipahty
to the County as detailed in Paragraph 3, below, the Health Department shall dIrect
Page 1
ATTACHMENT 2
Company to perform the IMM servIces set forth in Exhibit A wIthin the areas WIthin
the Municipality's boundaries as shown on the Coverage Map (Exhibit B) as clarified
in ExhibIt C and direct the Company to perform responsibilities detailed in Exhibit
A during the year 2005. The services and service fee do not include adulticlde
services. The Health Department will monitor the need for adultiClding and advise
the County and all participating municipalitIes if an adulticide program is
recommended.
2. PROVISION OF IMM SERVICES BY MUNICIP ALlTY WITHIN
MUNICIP ALlTlY'S BOUNDARIES: : The Mumclpality shall be responsible for
providmg public education of their citizens, advismg JCDHE of IMM activities
within their jurisdiction conducted by entities other than the Company on a
semimonthly basis (Exhibit E), coordinating with JCDHE on IMM activities or
concerns, and referring citizen complaints to the Company
3. PAYMENT OF SERVICE FEE: Municipality agrees to pay to the County, Five
Thousand Nine Hundred Thirteen Dollars and 001100 ($ 5,913 00) to reimburse the
County for a portion of the IMM services to be performed by Company within
Municipality's boundaries during the year 2005 Municipality shall pay the County
WIthin seven days after execution of this Intergovernmental Agreement by the last
party The payment shall be sent to Jefferson County Department of Health and
Environment (with a notation re: West Nile IGA) at 1801 19th Street, Golden
Colorado 80401.
4. MONITORING OF THE WORK OF COMPANY AND OTHER PROVISION
OF SERVICES: Staff from the Health Department shall be responsible for
monitoring the work of Company and the MUnICIpality to ensure that the IMM
services detailed in paragraph 2 above and in ExhibIt A and Exhibit B and as
clarified m Exhibit C, are fulfilled during the year 2005 WIthin Municipality's
boundaries. Furthermore the Health Department WIll be responsible for coordinating
between the Company and Municipality, provldmg public education and reportmg on
the status of mosquito-borne diseases and vector control. NotIce and contact shall be
through Dr James Dale, Jefferson County Department of Health and Environment,
180119th Street, Golden, Colorado, 80401; PHONE 303-271- 5718; FAX. 303-271-
5702, EMAIL IdaleCaJ,ieffco.us.
5. AGREEMENT BY THE HEALTH DEPARTMENT TO PAY FOR IMM
SERVICES TO BE PERFORMED BY COMPANY WITHIN THE
UNICORPORA TED AREA SHOWN ON THE COVERAGE MAP (Exhibit B):
The Health Department shall pay for and direct Company to perform the IMM
servIces set forth in ExhibIt A dunng 2005 within the unincorporated area as shown
on Coverage Map (ExhibIt B).
Page 2
6. TERM: The term of this Intergovernmental Agreement shall be from the date of
signature by the last party hereunder to and until December 31, 2005
7 LIABILITY INSURANCE COVERAGE/INDEMNITYIWARRANTY: As
described III paragraphs 5 and 6 of the PURCHASE OF SERVICES AGREEMENT,
the contractor will maintalll Liability Insurance coverage and will hereby mdemmfy
and hold JCDHE harmless from all claims, damages, loss, injury, cost and expense,
IllcIuding attorneys' fees resulting from or related to any negligent or intentional acts
or omissions of the Contractor, its agents, employees, subcontractors and consultants,
III Its performance of the agreement. Also see Exhibit D.
8. NO GUARANTEE BY THE HEALTH DEPARTMENT: Municipality
acknowledges that although the goal of the IMM services to be performed within
Municlpahty's boundanes by the Company IS to reduce the mosquito population and
consequent threat of transmission of West Nile Virus, the Health Department makes
no guarantee as to the effectiveness of such IMM services in achieving such goal.
9. ENTIRE AGREEMENT: This writing constitutes the entire Intergovernmental
Agreement between the parties hereto with respect to the subject matter herein, and
shall be bindmg upon said parties, their officers, employees, agents and assigns and
shall inure to the benefit of the respective survivors, heirs, personal representatives,
successors and assigns of said parties.
10. NO WAIVER OF IMMUNITY: No portion of this Intergovernmental Agreement
shall be deemed to constitute a waiver of any irnmunities the partIes or then officers
or employees may possess, nor shall any portIOn of thiS Intergovernmental
Agreement be deemed to have created a duty of care which did not previously exist
With respect to any person not a party to thiS Intergovernmental Agreement.
11. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It IS expressly
understood and agreed that the enforcement of the terms and conditIOns of this
Intergovernmental Agreement, and all nghts of action relating to such enforcement,
shall be stnctly reserved to the undersigned parties and nothing III this
Intergovernmental Agreement shall give or allow any claim or nght of action
whatsoever by any other person not included in thiS Intergovernmental Agreement. It
is the express intention of the undersigned parties that any entIty other than the
undersigned parties receiving services or benefits under this Intergovernmental
Agreement shall be an incidental beneficiary only
Signed by the parties' the
day of
,2005
Jefferson County Department of Health and EnVironment
Page 3
BY'
By:
Secretary to the Board of Health
President Board of Health
ATTEST: CITY OF
,a municIpal corporatIOn of the STATE OF COLORADO
By:
City/Town Clerk
BY'
Mayor
M:\Ehs\HZO\WNV\Conlrad Info\IC,A\2005\Wheat Ridge May 23. 2005.dnc
Page 4
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT dated for reference purposes only the 15th day of March, 2005, is made and
entered mto by and between the Jefferson County Department of Health and Environment, 1801 19th
Street, Golden, CO 80401, hereinafter referred to as "JCDHE", and OtterTail Environmental, Inc., 1045
N Ford Street, Golden, CO 80401, hereinafter referred to as "Contractor"
WITNESSETH
WHEREAS, JCDHE is mterested in contracting with a professional to provide mtegrated mosqUIto
management services, and
WHEREAS, the Contractor desires to provide those services to JCDHE,
NOW, THEREFORE, in consideration of the premises and mutual covenants contamed herein, the parties
hereto covenant and agree as follows:
1. TERM
This Agreement shall be in effect for the period March 15, 2005 through December 31,2005.
2. RESPONSIBILITIES' The Contractor shall provide the following Integrated Mosquito Management
(IMM) services as detailed below:
. Surveillance and Momtonng
. Larval Mosquito Surveillance and Control
. Public Education and Other Services
. Pubhc Health Emergency and Adultlciding Assistance
. Reports and Record Keeping
. Areas to be served
a. Surveillance and Monitoring:
1. Sentmel Surveillance: as directed by JCDHE, following the Colorado Department of
Health and Environment (CDPHE) gUidelines.
1. Supply, equip and operate one (1) Center for Disease Control and Prevention
(CDC)-type mosqUIto light traps at the sentinel site designated by JCDHE.
2 Supply, eqUIp and operate two (2) gravid-type traps at the sentinel site
designated by JCDHE.
3 Maintain and operate traps. The JCDHE shall not be responsible for any lost,
r--
Purchase of Services Agreement, OtterTml Environmental, Inc
Page 2
damaged or stolen traps.
4 Identify, speClate, and count all trapped mosqUltoes by methods recognized by
CDC and report this information to JCDHE at least once per week m an
electronic format.
5. Submit appropriately speciated mosquitoes per CDPHE guidelines to the state
laboratory for Viral testing.
6 [he period of performance shall be on or about May IS, 2005 through
September 30, 2005
II. Routllle surveillance: as directed by JCDHE
Supply, equip and operate a minimum of sixteen (16) CDC-type mosquito light
traps at sites selected/approved by JCDHE within the contract area. Light traps
shall be operated one night per week. Trap mghts cancelled due to inclement
weather or other CIrcumstances may be waived or required by the JCDHE.
2. Supply, equip and operate a minimum of nine (9) gravid-type traps at sites
selected/approved by JCDHE within the contract area. Gravid traps shall be
operated one mght per week. Trap nights cancelled due to inclement weather or
other circumstances may be Waived or required by JCDHE.
3 Maintain and operate traps. The JCDHE shall not be responsible for any lost,
damaged or stolen traps.
4. Identify, speciate, and count all trapped mosqUltoes by methods recognized by
CDC and report this information to JCDHE at least once per week in an
electronic format.
5 Collect dead birds and/or small mammal species for submission for viral testmg
per CDPHE guidelines and submit them to the state laboratory if requested by
JCDI-IE. Contractor shall provide appropriate Personal Protective EqUlpment
for their employees performing this function.
6 The period of performance shall be on or about June 1, 2005 through September
30,2005
b IMM Lal\4Jll MosqUito Surveillance and Control
1. Potential Larval Development (PLD) Site Map
Use PLD maps of paten tlal larval development sites proVided by JCDHE.
2. Add new sites dunng the season as identdied.
I~ ....h;hll .\
Purchase of Services Agreement, OtterTaJl Environmental, Inc.
Page 3
11. PLD SIte Surveillance:
I. Using the PLD map noted III paragraph BI above, imtlally VIsit all prevIOusly
(identified) PLD sites that have the potential to serve as mosqUlto-brcedmg
locations. Based upon that PLD site ViSIt, determme whIch sItes have the
hIghest potential for mosqUIto breeding ("targeted sites") and those sites which
are considered "non-breeding."
2. Inspect non-breeding sItes on no less than a monthly basis to determme if any
changes have occurred that would warrant are-evaluation of their status.
3. Inspect targeted sites at least once per week by visual observation and dipping
any standing water for mosquito larvae
4. Inspect a representative number of storm water catchment basins in the service
area for the presence of mosquito larvae. If it is determined that certain basins
are producing excessive numbers of mosqUItoes, follow the larval control
procedures outlined below.
5. Report PLD Site Surveillance activities and findings to JCDHE weekly. These
summary reports shall include, but not limited to, site conditIOns, dip counts
and the like, plus larval speciation and development status (mstar) m an
electronic format.
Ill. Larval Control'
1. Use appropriate methods oflarval control, including but not limIted to, I80-day
briquettes, 30-day residual pellets, granular larvicides, monomolecular oils, or
other larval control agents approved by CDPHE or the US Environmental
Protection Agency
2. Use appropriate agents for the CIrcumstances, maintam Material Safety Data
Sheets (MSDS) for all products used, and provide such information to JCDHE
and the public upon request.
3. Dctermme and use the most appropriate method for larvicide distnbutlOn, such
as hand application, backpack broadcasters, ATV, etc.
4 Entry onto pnvate property shall be by prior authorization of the owner! agent.
5 In the course offield work, note areas of clogged ditches and streams, neglected
sWlmmmg pools, etc. that have the potential for larval development and proVIde
such mformatlon to JCDHE. Work WIth local code enforcement offiCials to
I -Jlihi\ \
Purchase of Services Agreement, OtterTail Envlrorunental, Inc
Page 4
provide the locatIOn and IdentIfication ofthese sites.
6 Report to JCDHE all locations where control measures were used, the type of
measures used and the apparent results on a weekly basis m an electronic
format.
c. Public EducatIOn and Other Services:
1. Mamtain a toll-free (in Colorado) telephone line and accept calls from the public in the
contract area reporting mosqmto problems or stagnant, standmg water.
II. Provide the publIc with phone numbers to the Colorado Help line and/or JCDHE.
Ill. Upon request, provide an in-service training to JCDHE employees not to exceed four
(4) hours.
IV. Upon request, provide informational briefing(s) to the Board of Health covering
ongoing and year-end activities.
d. PublIc Health Emergencies and Adulticlding:
1. In the event that the Board of Health and the Board of County Commissioners declare a
public health emergency, assist JCDHE with coordinating adulticiding or aerial
spraying (Cost of adulticlding is not included in this contract).
11. In the event that adulticiding or aerial spraymg IS to be performed, notify all residents in
the area to be sprayed as required by law to mclude those who are registered in the State
of Colorado Pesticide Sensitive Registry A minimum of 3 attempts shall be made to
reach these regIstry persons pnor to the spraymg or application.
Ill. Collaborate WIth applicators to ensure that msectIcide application will be shut off in
front of and upwind from these properties of resIdents m the area who are registered in
the State of Colorado PestIcIde SensitIve Registry Maintain records of applications to
mclude shut-off. Maintam MSDS for all products used and shall provIde such
information upon request.
e. Reports and Record Keeping: PrOVIde the following reports during the duration ofthe contract:
1. Summary of weekly activitIes, including, but not limited to
light and gravid trappmg
2. inspectlOns performed and sItes VIsIted
3 larvicide apphcations
4 publIc contacts made.
II Upon request, provide for review daily field actIvIty and inspection reports.
I \ hih!l \
Purchase of Services Agreement, OtterTail EnvIronmental, Inc
Page 5
III. Withm 60 days after the end of the contract penod the contractor shall provide six (6)
copIes of a final written report summarizing all activities performed, and results
achIeved and a CD contammg thiS report.
f. Areas to be served with the exceptIon of TraIlmark, are outlmed III the map at Attachment I
and as detailed below'
o Unincorporated Jeffco 89.3
o Edgewater 1.5
o Lakeside 0.2
o MOITIson 1.0
o Mountain View 0.1
o Golden 8.0
o Wheat Ridge 9 0
o Littleton (Trallmark) I 0
o Lakewood 26.6
o Arvada 27.0
Total 163.7
Specific areas not included in the service area are outlined on the map at Attachment I and
detailed below'
o The 13 square miles offederalland.
o Three square miles of Arvada immediately bordenng the east side of Highway 93 at the
request of the city.
o An area in Lakewood of 16.4 square miles covered by a separate contract between the
city and a vendor.
o The 16.5 square miles of Westminster III Jefferson County covered by a separate
contract between the city and a vendor.
3. COMPENSATION AND PAYMENT
a. JCDHE wIll reImburse the Contractor a total of$215,124 m 5 equal monthly payments starting m
June 2005 Contractor services will be documented and approved prior to authonzation for
payment.
b Contractor shall submit a monthly invOIce to JCDHE by the 5th of the following month of service.
Failure to submit billing mformation in a timely manner and correct format shall result in non-
payment of invoice.
c Contractor shall be reImbursed withm fourteen (14) days after receipt and approval of the inVOIce
4 INDEPENDENT CONTRACTOR STATUS, PAYMENT OF TAXES AND INSURANCE
COVERAGE
a. In performing servIces under this Agreement the Contractor IS actmg as an independent contractor
I \hlh11 \
Purchase of Services Agreement, Otter Tail Environmental, Inc
Page 6
and not as an agent or employee of JCDHE.
b As an independent contractor, the Contractor IS solely liable and responsible for maintaming
worker's compensation insurance which complies with statutory reqUIrements in the State of
Colorado, unemployment msurance benefits, and the withholdmg and payment of any and all
federal, state and local taxes applicable to the receIpt of funds or other consideratIon by the
Contractor under the terms ofth]s Agreement.
5. INDEMNIFICATION
Contractor hereby indemnifies and holds JCDHE harmless from all clmms, damages, loss, injury, cost
and expense, includmg attorneys' fees resulting from or related to any negligent or intentIOnal acts or
omissions ofthe Contractor, its agents, employees, subcontractors and consultants, in its performance
ofthls Agreement. This provision shall survIve the termination of this Agreement.
6 INSURANCE
In performmg services under this Agreement, the Consultant shall submit a certIficate of insurance to
JCDHE estabhshmg the Consultant has professional liability and automobile liability msurance
proVIded by an msurance carrier licensed to do business in the State of Colorado.
7. NON ASSIGNMENT
Neither this Agreement nor any mterest therein, or any claim there under, shall be assigned by the
Contractor to any third person without the prior written consent of JCDHE.
8 OFFICIALS NOT TO BENEFIT
No elected or employed member of JCDHE shall directly or mdirectly receIve or be paid any share or
part of this Agreement or any benefit that may anse therefor. The Contractor warrants that It has not
retained any company or person (other than a bona fide employee working solely for the Contractor) to
solicit or secure this Agreement, and that the Contractor has not paid or agreed to pay to any company
or person, (other than a bona fide employee workmg for the Contractor), any fee, commiSSIOn,
percentage, brokerage fee, gift or any other consideratIOn contingent upon or resulting from the award
of this Agreement to the Contractor. Upon learnmg of any breach or violation of this provIsion,
JCDHE shall have the right to terminate thIS Agreement WIth no further liability or obligation for
payment.
9. EMPLOYMENT OPPORTUNITY USE OF COLORADO LABOR, ILLEGAL ALIENS
The Contractor shall not refuse to hire, dIscharge, promote, demote or discnmmate in matters of
compensation against any person otherwise qualitied, solely because of race, creed, sex, color, natIOnal
origm or ancestry, disabilIty or age The Contractor shall not knowmgly employ unauthorized alIens to
perform any portIOn of the Agreement and shall comply with the proviSIOns of the ImmIgratIOn
Reform and Control Act of 1986.
] 0 NON-APPROPRIATION
),1"\1'11 \
Purlhase of ~en Ices .\greel1lent. ()HerT,ll] Lnvlwnml'ntal. Inc
Pa~e 7
The p21) ment of J( DHF' S DbllgatlOns hereunder In the fiscal years subsequent to the Agreement penod
,Ire cpntingent upon funds 1lJr this Agreement bemg appropriated and budgeted. If funds lor thIS
Agreement are not appropriatcd and budgeted in an) year subsequent to the fiscal year of the executIOn
of this Agreement. this Agreement shall terminate JeDHE's fiscal year is the calendar year
] 1 SJATUTES, REGULA nONS AND ORDINANCES
The COlltractor shall observe and comply with federal, state and local laws, regulatlOns, rules or
ordmances that affect those employed or engaged by It, the materials or equlprnent used or the
performance of the project and shall procure any and all necessary approvals, licenses and penmts all
at ItS own expense
I ~ SI:VI'.RABILlTY
I f any proVIsion of thIS Agreement or the application thereof to any person or in any circumstance
shall be unenforceable to any extent, the remainder of this Agreement and the apphcation of such
proVISIOn to other persons or in other circumstances shall not be effectcd thercby and shall be
enforced to the greatest extent permitted bY' law
13 TEIUvlINATION
EIther party may tcrminatc this agreement, WIthout cause. by notice at least 15 days prior to the
effectlvc date of the notice. in wnting to the other party, except that this agreement may be termmated
ImmedIately. WIth notice. for failure to perform If terminated, final payment wIll be due \\'1I11In 15
days of the term mati on date, and will be based upon a proration of the fee due for that month through
the date 01 termination. if It IS a fixed rate contract. Such payment to he considered payment, m fulL
for services performed under thIS agreement Ifit IS a tlllle and materials contract, the Contractor will
be compensated tor the time and materials through the date of termination
14 ENTIRE A(,Rl:I::J\1ENT
This Agreement and ExhIbIts constItute the entIre Agreement among the partners and all other and prior
Agreements among the parties relatmg to such subject matter are hereby cancelled and superseded In their
entireties No variations, modi fications or changes hercm or hereof shall be bll1ding upon any party hcreto
unless set forth in a document duly executed by such party
IN WITNESS WHERFOF. the pmiies hereto have duly executed thIS Agreement as of
(~)I':I i~ df;;'--'tL-_ be effectIve as of March 15,2005
JEFFERSON COUNTY DEPARTMENT OTTbRTAIL ENVIRONMENTAL IN(
OF HEAL TH AND ENVIRONMENT
au,~~
Cathy Corco1'<lI1, PreSIdent
Board of I Iealth
. 7J / - ./.'l
4 rF.h'c-'~// ~;;>YJ
Bonl1lc McNulty, Secrdar)-
Hoard of Health
1\-1 TEST
B)
Od. - t)Co <1 S
~._---~ --
SSN I EIN
I \ hihll \
-----
west Nile virUs serl1c8 contract ,....eas
1,\4\,000
,
. "
-
-~
-::-
Jefferson County Integrated Mosquito Management (IMM) Program - Areas
Covered, Contracted areas and Contract amount.
The attached mapaetails the areas covered in the contract, federal property, and areas
provided services under separate contracts. For the purposes of the IGA, IMM services
are provided for the areas listed below'
mi2
. Unincorporated Jefferson County 893
. Edgewater 1 5
. Lakeside 0.2
. Morrison 1
. Mountain View 01
. Golden 80
. Wheat Ridge 9
. Lakewood 40
. Westminster 165
. Arvada 30
. Littleton in Jeffco (Trailmark) 1
. TOTAL: 196.6 square miles
Clarifications:
o The 13 square miles of federal land are not included in the program
o Three square miles of Arvada immediately bordering the east side of
Highway 93 are not included in the program at the request of the city
o An area in Lakewood of 164 square miles is not included in the county
contract as it is covered by a separate contract between the city and a
vendor
o The 16 5 square miles of Westminster in Jefferson County is not included
in the county contract as it is covered by a separate contract between the
city and a vendor
Jefferson County contract area, total contract amount and rate per square mile:
. Contract area
0 Unincorporated Jeffco 893 *' E:...h..'<>, -\- ~
0 Edgewater 1 5
0 lakeside 0.2
0 Morrison 10
0 Mountain View 01
0 Golden 80
0 Wheat Ridge 90
f:i\hibll ~
o Littleton (Trailmark) 1 0
o Lakewood 26 6
o Arvada 27 0
Total 163.7
. Total Contract Amount: $215,124
. Amount per square mile: $1314.14
ExhlOlt ('
ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE IMMIDDNYYy)
'" 01/2512005
PRODUCER (303)740-9404 FAX (303)779-8376 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Gaspar-Jones & Assoc., Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
7100 E. Belleview #101 HOLDER. THIS CERllACATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
P O. Box 4516
Greenwood Village, CO 80155 INSURERS AFFORDING COVERAGE NAIC#
INSURED OTIERTAIL ENVIRONMENTAL tNSURER A Hartford Casualty lnsurance Co 9424
1045 N FORD 5T lNSURER B Pinnacol Assurance Co
GOLDEN, CO 80403 INSURER c.
INSURER 0
/ INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWIT
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUl
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN is SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOITIONe
POLICiES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
lNSR opo' TYPE OF INSURANCE POt-ICY NUMBER P~&LlCV EfFECTlVE POUCY EXPIRATION UMtTS
GENERAL lJABIUTY 34SBAPC7671 06/23/2004 06/23/2005 EACH OCCURRENCE $ 1 000,000
- , ~t~!:~~}O HEN: ED 300.000
COMMERCIAL GENERAL LIABIliTY $
I CLAIMS MADE [!] OCCUR MED EXP (Anyone person1 $ 10 llO(]
A PERSONAL & ADV INJURY $ 1,000,000
- 2 000 000
GENERAL AGGREGATE $
- 2 000. llO(]
GEN'L AGGR~n LIMIT APPn1ER PRODUCTS. COMP;OP AGG $
,_ PRO-
POUCY JEer LOC
~OM08ILE LIABILITY 34SBAPC7671 06/23/2004 06/23/2005 COMBINED SINGLE LIMIT
(E:a acddent) $ 1 , 000 , ()(){
ANY AuTO
f-
I-- ALL OWNED A.UTOS BODILY INJURY
{pef person) $
A X SCHEDULED ALlTOS
HIRED AUTOS BOOlL)' INJURY
Y (Peracodef'lt) $
NON-OWNED AUTOS
-
- PROPERTY DAMAGE $
{Per accident)
~ GARAGE UABU..lTY AUTO OWLY. EA P-.CCIDENT $
==i ANY AUTO OTHER THAN EA ACC $
AUTO ONLY AGG $
EXCES51UM8REU./\ UAB1UTY EACH OCCURRENCE $
O. OCCUR 0 CLAIMS MADE AGGREGATE $
$
R DEDUClIBLE $
RETENTION $ $
WORKERS COMPENSATION AND 4072127 07/01/2004 07/01/2005 XI.~H,[~L~;" I IOJ.t'.
EMPLOYERS' LlA8IUTY E lEACH ACCIDENl $ 100.000
B ANY PROPRIETOR/PARTNER/EXECUTIVE 100 iIoo
OFfiCER/MEMBER EXCLUOED? E.L DISEASE. EA EMPLOYEE $
\1" yes Oesctbe undet E L DISEASE POLICY UMlT $ 500 .000
SPECIAL PROVISIONS beiow
OTHER
DESCRIPTION OF OPERATIONS IlOCA nONS I VEHiCLES j EXCLUSIONS ADDEO BY ENDORSEMENT' SPECIAL PROVJSIONS
. 10 day notice on non-pay~ent
.un,nr=D AT"'"
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MA,IL
Jerrerson County Dept or Health & Environment 30' DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
AUn: Jenni Springer BUT FAILURE 10 MAIL SUCH NOTICE SHAl.L IMPOSE NO OBLIGATION OR llABIUTY
1801 19th Street Of Altl)' KIND UPON THE INSURER, ITS AGENTS OR REPRESENTAT\VE.S.
Golden, CO 80401 AUTHORIZED REPREseNTATr./E
Maureen Noreiko
ACORD 25 (2001108)
@ACORDCORPORATION1988
D
SEMI-MONTHL Y IMM REPORT
1. Adult Mosquito Trapping results:
. Number of trap nights
. Numbers of mosqUitoes per trap night by genus and species
2. Larval Mosquito Control'
. Number of potential larval development sites inspected.
. Number of larval development sites treated
. Amount and type of larvicide applied
; 'l-tl"it F
Jefferson County
Department of Health
and Environment
To create, promote & enhance
hcalth & I'italit\' t{/nOI/X"
innovation, collaboration
and celebration
Administratiofl
1801 19th Street
Golden. CO R040 1-179R
(3031271-5700
Fax (103) 271- ')702
(,akewood
260 South Kipjifl~ '>treet
Lakewood. l U 80226
(3031 232-0301
Fax i303i 23')- 70R8
A nada
6303 Wadsworth Bypass
"r"ada. CO 800m
(,031 275-7')lJO
Fax 1'031 275-7')03
Conifer
1087' LIS Hw\ 2R5
~1I1k D202
Mouilt,-tlfl Re::;ourcc Center
( omfe, CIJ ,043'
(JO~ I s3S- ""-:;52
Fax 13031 8303701
Envirnnmentallkalth
IROl l'lth Slreet
Golden. CO ,040 I
(~03) 27] <:;7':;;'1
Fax. I 30J) 27 t ':;'()()
Erlgt'water wle
Il)R I !l ';hcndan Bl\d
Edgewalc'r. ('000214
13lJ3,2Vi-9'iSO
Fax 1301) 239 l)5l)2
Vital Records
SOU .let'fC'f."OIl County Park\'vJ'y
SUile 1,00
(iolden. (080401
r'()3) 271-6450
Fax 13m, 271-6451
Public llealth...
Everyday, Everywhere,
Everyone
June 29, 2005
Mr. G. Randy Young, City Manager
City of Wheat Ridge
7500 W 29th Ave
Wheat RIdge, CO 80033
Dear Mr Young'
Re. IGA and insurance coverage for the city
Per your request the Intergovernmental Agreement (IGA) for the
Cooperative Mosquito Management Program, paragraph 7, is amended
to read.
7. LIABILITY INSURANCE
COVERAGEIINDEMNITYIWARRANTY: As
described in paragraphs 5 and 6 of the PURCHASE OF
SERVICES AGREEMENT, the company will maintam
Liability Insurance coverage and will hereby mdemnify
and hold JCDHE and the municipality harmless from all
claims, damages, loss, injury, cost and expense, including
attorneys' fees resulting from or related to any negligent
or intentional acts or omissions of the Contractor, its
agents, employees, subcontractors and consultants, in its
performance of the agreement. Also see Exhibit D and
attachment J to this letter
1 believe this WIll more appropriately address the needs of the
municipality. Please include thIS as Amendment 1 to our IGA in your
deliberation and approval process.
Sincerely,
~.~e,1~
Director, Environmental Health Services
Attachment: Insurance Amendment
ATTACHMENT 3
o
From: FAXSERV 303.779-8376 To: Ed Fleming
Date: 06/2912005 Time: 10:10:28AM
Page 2 of3
ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIOOl'iYVY)
no 06/29/2005
PRODUCER (303) 740- 9404 FAX (303)779-8376 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Gaspar-Jones & Assoc , Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTlFlCA TE DOES NOT AMEND, EXTEND OR
7100 E Belleview 1101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P O. Box 4516
Greenwood Village, CO 80155 INSURERS AFFORDING COVERAGE NAIC II
INSURED OTTERT All ENVIR01'f4ENT AL I!\lSl.RERA Hartford Casualty Insurance Co 29424
1045 N FORD ST INSlRER B Pinnacol Assurance Co
GOLDEN, CO 80403 IN.SI.RER c.
INSUlER D:
INSlRER E
THE POLICIES OF INSURANCE liSTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING
NN REQUIREMENT. TERM OR CONDITION OF Nf'( CONTRACT OR OTHER DOCUMENT WrTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS
~~ TYPE Of INSURANCE POLICY NUM8ER PR~ EFFECTNE Pg~ EXPIRATION LlMrfS
GEtE:RAllIABILITY 34SBAPC7671 06/23/2005 06/23/2006 EAOi OCD..mENCE $ 1 , 000 , 000
- OAMo\GE ~~~NTED 300 :000
CCMlERCIAL GEr-ERN.. LIABILITY $
o GAIMS MADE ~ OCCUR MED EXP (My one person) $ 10,000
A. - 1,000,000
PERSONAL & mv IN.JJRY $
- 2,000 ;ooc
GE~RAL AGGREGATE $
- 2,OOO,OOC
GH1\.. AGGREGATE LIMIT JlPPllES PER PROOJCTS - CawPlCP N;G $
'IPOlICyn~ nLOC
AUTOMOBILE LIABILITY 34SBAPC7671 06/23/2005 06/23/2006 CCM3INED SItG-E lIMIT
I-- (E8 ecadent) $ 1,000,00<
_ AUTO
I--
.ALl owr-.ED AUTOS BODll Y tNJ..RY
f-- $
sa-EDU.ED AUTos (Per person)
"x HIRED AUTOS BOOIL y I~Y
fy $
NQN-OWNED AlJTOS {Pef accided)
f--
I-- PROPERTY DAMA..GE $
(Per accide(1)
RGE LIASILITY NJTO <:N... Y - EA ACCIDENt $
_ AUTO O"TJ-iE:R T1-WI EA ACe $
NJTOCtt..y AI3G $
EXCESSAJMBRELLA lIABUTY EACH OCC\.IlRENCE $
:::JOCCUR o QAIMS MADE AGGREGATE $
$
=1 DtDUCTI81E $
RETENTION $ $
WORKERS COMPENSATION AND 4072127 07/01/2005 07/01/2006 X I ~vS.'~N~ I IOJ),'-
EMPlOYERS'L1ABIUTY 100,000
B fWY PRQPRIETOR/PARTNERlEXECUTfVE E.l EJ1.CHACCIDENT $
CH'ICERJl>..ElliffR EXClUIJED? E.l. DISEASE EA EWPtOYEE $ 100,000
If ves, descnbe lIl'lder 500,00<:
SPECIAL PROVISIONS beloW EL DISE..ASE - POliCY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS j LOCATIONS' VEHCLES I EXCLUSIONS ADDED BV ENDOFtSEMENT I SPECtAl PROVIStONS
he cities of Arvada, Golden, lakewood and Wheat Ridge are held hannless as per the
'nsured contract
. 10 day notice on non-payment
, ,,~~ I LA TlON
SHOULD AN'( OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BeFORE THE
EXPRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
Jefferson County Dept of Health & Environment 30to DAYS WRITTEN Nonce TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Attn Jenni Springer BUT FAILURE 1"0 MAll SUCH NOnCE SHALL "'POSE NO OBLIGATION OR LlA8ft..1TY
1801 19th Street OF ANY KINO UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
Golden, CO &0401 AUTHORIZED REPRESENTATIVE
ACORD 25 (2001108)
@ACORD CORPORATION 1988
RESOLUTION NO. 33
SERIES OF 2005
TITLE:
A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT (IGA) BETWEEN THE JEFFERSON COUNTY
DEPARTMENT OF HEALTH AND ENVIRONMENT AND THE CITY OF
WHEA T RIDGE FOR COOPERATIVE MOSQUITO MANAGEMENT
PROGRAM IN THE AMOUNT OF $5,913.00
WHEREAS, the intergovernmental agreements between political subdivisions of the
State of Colorado are authorIzed by C.R.S. 9 29-1-205, and
WHEREAS, Jefferson County will permit and encourage governments to make the most
effiCIent and effective use of their powers and responsibilities by cooperating and contracting
wIth other governments; and
WHEREAS, in order to effectively deal with the contmuing threat of mosquito borne
transmission of West Nile Virus, the Jefferson County Department of Health and Environment
has contracted with OtterTail Environmental for integrated mosquito management (lMM) service
withm Jefferson County, Colorado, dUrIng the year 2005; and
WHEREAS, the agreement with the Jefferson County Department of Health and
Environment will help slow the spread and impact of the West Nile Virus; and
WHEREAS, mltlal cost for prevention servIces will not exceed $5,913.00
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE THAT:
1. The City of Wheat Ridge desires to be a party to the Intergovernmental Agreement
coordinating mosqUIto control activitles.
2. The Mayor and CIty Clerk are hereby authorIzed and empowered to execute the
Intergovernmental Agreement on behalf of the City of Wheat Ridge.
DONE AND RESOLVED at a meeting of the City Council of the City of Wheat Ridge,
Colorado on the day of _ , 2005
Gretchen Cerveny, Mayor
ATTEST
Pam Anderson, CIty Clerk
ATTACHMENT 4
ITEM NO' \ 1151
REQUEST FOR CITY COUNCIL ACTION
t::::;;'$~~ I
rUJ
COUNCIL MEETING DATE: July II, 2005
TITLE:
RESOLUTION 34-2005 - A RESOLUTION APPROVING A FIRST
AMENDMENT TO ANNEXATION AND DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE,
CABELA'S RETAIL INC., AND COORS BREWING COMPANY
D PUBLIC HEARING
D BIDS/MOTIONS
IZl RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date'
D ORDINANCES FOR 2ND READING
, 2005)
QuasI-JudiCial.
o
Yes
IZl
No
Cit~~~
City Attorney
EXECUTIVE SUMMARY:
Resolution 34-2005 amends the December 20, 2004 Annexation and Development Agreement
among the City, Cabela's Retail Inc., and Coors Brewing Company, to permit addItional time for
the filmg of a Metropolitan District Service Plan with the City.
COMMISSIONIBOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
Paragraph II b. of the Annexation and Development Agreement between the City, Cabela's Retail
Inc., and Coors Brewing Company provides, among other things, that Cabela's shall file, within
ninety (90) days after annexation of the Property, a service plan with the City for the creation of a
MetropolItan District The Annexation and Development Agreement relies, in part, upon the
eXIstence of a Metropolitan District to fund certain ongoing maintenance oblIgations.
As origmally contemplated, the Service Plan was to be filed withm ninety (90) days following
annexation of the Property, which took place on February 28, 2005 That period has now expIred;
however, the schedule for constructlOn of the project has been considerably slowed m order to
obtain necessary traffic studies. Meanwhile, mterim zoning of the Property has been granted,
WR CAB DOCS 003
permitting only the construction of a reserVOir, reclamation, excavation, and fill activities. The
Service Plan is simply not necessary at this time, and will not be relevant until Final Development
Plan approval is granted for a Planned Commercial Development which would allow construction
of the Cabela's store and associated retail.
The attached Resolution amends paragraph II.b. of the Agreement to provide that the Service Plan
is required thirty 30 days following Final Development Plan approval for the Cabela's store itself.
This will give the City ample time to review the Service Plan prior to the necessity for the District
to be created.
ALTERNATIVES CONSIDERED:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDED MOTION:
"I move to approve Resolution 34-2005 - A Resolution Approving the First Amendment to
Annexation and Development Agreement among the City of Wheat Ridge, Cabela's Retail Inc, and
Coors Brewing Company."
or,
"I move to table mdefimtely Resolution 34-2005 - A Resolution Approving the First Amendment to
Annexation and Development Agreement among the City of Wheat Ridge, Cabela's Retail Inc., and
Coors Brewing Company for the following reason(s)
"
Report Prepared by'
ReViewed by:
Gerald Dahl, City Attorney (303) 493-6686
Alan White, Community Development Director
Randy Young, City Manager
Attachments:
1. First Amendment to Annexation and Development Agreement
2. Memo to Mayor and Council
3. Resolution 34-2005
WR CAB DOC'; 003
FIRST AMENDMENT TO ANNEXATION AND DEVELOPMENT AGREEMENT
This Amendment to Annexation and Development Agreement (this
"Amendment"), is entered as by the City of Wheat Ridge, Colorado a Colorado
municipal corporation (the "City"), Cabela's Retail Inc., a Nebraska corporation
("Cabela's"), and Coors Brewing Company, a Colorado corporation ("Coors"),
collectively referred to herein as "the Parties"
RECITALS
1 The Parties entered into that certain Annexation and Development Agreement
dated December 20,2004 (the "Agreement")
2 Paragraph 11 b of the Agreement provides that not later than ninety (90) days
following annexation of the property which is the subject of the Agreement,
Cabela's shall file with the City a service plan for the metropolitan district
contemplated by the Agreement.
3 The Parties wish to extend the time during which Cabela's is obligated to file the
service plan with the City
4 The Agreement provides at paragraph 14 I that it may be amended by a written
instrument signed by the Parties The Parties intend that this instrument, when
executed by all of them, constitute such an amendment.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the delivery, receipt and sufficiency of which are acknowledged and confessed,
the Parties agree as follows
1 Paragraph 11 b of the Annexation and Development Agreement between the City
of Wheat Ridge, Cabela's Retail Inc, and Coors Brewing Company dated
December 20, 2004 is amended as follows
The first sentence of paragraph 11 b is hereby amended to read
in its entirety as follows "Not later than thirty (30) days following
approval of a final development plan for the Property as a Planned
Commercial Development permitting a retail store of
approximately 225,000 square feet, Cabela's shall file with the
City for review and consideration in accordance with C R.S ~ 32-
1-204 5, a service plan for the Metropolitan District (which service
plan shall include an intergovernmental agreement between the
District and the City) (the "Service Plan") "
2 This Amendment shall be effective upon execution by all Parties hereto
WR CAB Docs 002
ATTACHMENT 1
STATE OF COLORADO )
) ss.
COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me by Gretchen Cerveny as
Mayor, and by Pamela Anderson, as City Clerk of the City of Wheat Ridge, this
day of , 2005
Witness my hand and official seal
My commission expires
Notary Public
[SEAL]
STATE OF NEBRASKA )
) ss
COUNTY OF CHEYENNE )
The foregoing instrument was acknowledged before me by
of Cabela's Retail, Inc., this day of
as
2005
Witness my hand and official seal
My commission expires
Notary Public
[SEAL]
WR CAB Docs 002
STATE OF COLORADO )
) ss
COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me by
as , of Coors Brewing Company, this
day of
,2005
Witness my hand and official seal.
My commission expires.
Notary Public
[SEAL]
WR CAB Docs 002
MEMORANDUM
TO:
MAYOR AND COUNCIL
FROM:
GERALD DAHL, CITY ATTORNEY
RE: AMENDMENT TO ANNEXATION AND DEVELOPMENT
AGREEMENT: CABELA'SICOORS
DATE:
JUNE 29, 2005
Paragraph 11 b of the December 20, 2004 Annexation and Development
Agreement for the Coors/Cabela's project provides that Cabela's shall submit to
the City, within ninety (90) days after annexation of the property, a service plan
for the Metropolitan District. This period expired on May 28, 2005 As Council
will recall, this District will be necessary to provide funding for certain ongoing
maintenance activities within the property The schedule for zoning and
construction of the project has been delayed in order to obtain traffic studies and
design, the City has instead simply granted "interim" zoning to the property,
permitting only reservoir construction, reclamation, excavation, and fill activities
Accordingly, the schedule for formation of the District can be similarly delayed
without injury to the city's interests
It is not necessary for the City to have the Service Plan at this time,
delaying receipt of the Service Plan until 30 days following Final Development
Plan approval for the Cabela's site, as provided in the attached Amendment, will
give the City ample time to review the Service Plan and act upon it.
Paragraph 14 I. of the Annexation Agreement permits it to be amended by
a written instrument executed by the Parties. The original Annexation Agreement
was approved by resolution of the Council, and thus the attached written
amendment may similarly be approved by resolution
WR CAB Docs 004
ATTACHMENT 2
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION 34
Series of 2005
TITLE:
A RESOLUTION APPROVING THE FIRST
AMENDMENT TO ANNEXATION AND
DEVELOPMENT AGREEMENT AMONG THE CITY,
CABELA'S RETAIL, INC., AND THE COORS BREWING
COMPANY
WHEREAS, the CIty is a home rule municipality organized and operating pursuant to
Article XX of the Colorado Constitution and the Colorado Revised Statutes; and
WHEREAS, the City is authonzed to annex territory into the corporate boundaries of the
City pursuant to C.R.S. 9 31-12-101, et seq., and
WHEREAS, on December 20, 2004, the CIty entered mto an Annexation and
Development Agreement with Cabela's Retail, Inc., and Coors Brewing Company which
memorializes the terms and conditions under which the CIty would consIder annexation of
certain property owned by Cabela's Retail, Inc., and Coors Brewing Company; and
WHEREAS, said property was annexed mto the CIty on February 28, 2005; and
WHEREAS the City Council has determined that it is in the best interest of the City that
the Annexation and Development Agreement be amended.
NOW, THEREFORE, BE IT RESOLVED by the Wheat RIdge City Council, that:
Section 1. The First Amendment to Annexation and Development Agreement among the
City of Wheat Ridge, Cabela's Retail, Inc., and the Coors Brewing Company dated December 20,
2004 (a copy of whIch is attached hereto as Exhibit A and fully incorporated herein by this
reference) is hereby approved, and the Mayor and City Clerk are hereby authorized and directed
to execute the same.
WR CAB DOCS 005
ATTACHMENT 3
Section 2. This Resolution shall be effective upon adoption.
Section 3. Publication. ThIs ResolutIOn shall be published In a newspaper of general
circulation WIthin the City of Wheat Ridge.
DONE AND RESOLVED thIs 11th day of July, 2005.
Gretchen Cerveny, Mayor
ATTEST
Pamela Y. Anderson, City Clerk
Published in the Wheat Ridge Transcnpt:
,2005.
WR CAB DOCS 005
EXHIBIT A
FIRST AMENDMENT TO ANNEXATION AND DEVELOPMENT AGREEMENT
[A TT ACHED]
WR CAB DOCS 005
FIRST AMENDMENT TO ANNEXATION AND DEVELOPMENT AGREEMENT
This Amendment to Annexation and Development Agreement (this
"Amendment"), is entered as by the City of Wheat Ridge, Colorado a Colorado
municipal corporation (the "City"), Cabela's Retail Inc., a Nebraska corporation
("Cabela's"), and Coors Brewing Company, a Colorado corporation ("Coors"),
collectively referred to herein as "the Parties"
RECITALS
1 The Parties entered into that certain Annexation and Development Agreement
dated December 20, 2004 (the "Agreement")
2 Paragraph 11 b of the Agreement provides that not later than ninety (90) days
following annexation of the property which is the subject of the Agreement,
Cabela's shall file with the City a service plan for the metropolitan district
contemplated by the Agreement.
3 The Parties wish to extend the time during which Cabela's is obligated to file the
service plan with the City
4 The Agreement provides at paragraph 14 I that it may be amended by a written
instrument signed by the Parties. The Parties intend that this instrument, when
executed by all of them, constitute such an amendment.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the delivery, receipt and sufficiency of which are acknowledged and confessed,
the Parties agree as follows
1 Paragraph 11 b of the Annexation and Development Agreement between the City
of Wheat Ridge, Cabela's Retail Inc., and Coors Brewing Company dated
December 20, 2004 is amended as follows
The first sentence of paragraph 11 b. is hereby amended to read
in its entirety as follows: "Not later than thirty (30) days following
approval of a final development plan for the Property as a Planned
Commercial Development permitting a retail store of
approximately 225,000 square feet, Cabela's shall file with the
City for review and consideration in accordance with C R.S ~ 32-
1-2045, a service plan for the Metropolitan District (which service
plan shall include an intergovernmental agreement between the
District and the City) (the "Service Plan") "
2. This Amendment shall be effective upon execution by all Parties hereto
WR CAB Docs 002
STATE OF COLORADO )
) ss.
COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me by Gretchen Cerveny as
Mayor, and by Pamela Anderson, as City Clerk of the City of Wheat Ridge, this
day of , 2005
Witness my hand and official seal.
My commission expires
Notary Public
[SEAL]
STATE OF NEBRASKA )
) ss
COUNTY OF CHEYENNE )
The foregoing instrument was acknowledged before me by
of Cabela's Retail, Inc , this day of
as
2005
Witness my hand and official seal.
My commission expires
Notary Public
[SEAL]
WR CAB Docs 002
STATE OF COLORADO )
) ss
COUNTY OF JEFFERSON )
The
foregoing instrument
as
was acknowledged before me by
, of Coors Brewing Company, this
day of
,2005
Witness my hand and official seal.
My commission expires
[SEAL]
Notary Public
WR CAB Docs 002
"C I
ITEM NO'
REQUEST FOR CITY COUNCIL ACTION
~~$~l
10-1
COUNCIL MEETING DATE:
July 11, 2005
TITLE:
RESOLUTION 35-2005 - A RESOLUTION AMENDING THE
FISCAL YEAR 2005 CAPITAL INVESTMENT PROGRAM (CIP)
BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT
OF $127,700 TO EXPAND THE SCOPE OF THE POLICE
EVIDENCE COMPOUND PROJECT
D PUBLIC HEARING
D BIDS/MOTIONS
IZJ RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date'_)
D ORDINANCES FOR 2ND READING
QuaSI-Judicial: D IZJ
'.~ No
~o~~-/
Tim Paran , Director of PublIc Works
Clt~t
EXECUTIVE SUMMARY:
The police eVidence compound was programed for replacement in the 2004 Capital Investment
Program (CIP) Budget. The design has progressed sigmficantly and the constructIon is schedueled to
start in early September A recent review of the design, as well as the needs of the police eVidence
program, has prompted a request for a larger building and additional features. As a result, additIOnal
funds are needed to provide the additIOnal deSign and expanded construction project. The design fees
will increase from $12,300 to $29,000 and the estimated cost ofthe building will Increase to $245,000
from approximately $134,000 Staff recommends that an additional amount of $127,700 be
appropnated at this tIme for the project.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The City completed the Public Works Master Plan in early 2004, which has been utilized as a guide to
program immediate and long range needs of City maintenance facilities (Public Works, Parks and
PolIce). The PolIce EVidence Compound was programed to be replaced in 2004 after completIon of
the maintenance facility master plan. The origmal budget for the replacement of the Police Evidence
compound was based on a replacement bUlldng having similar space as is currently utilized. The
Master Plan identified the need for a larger evidence building than proposed at the time of the budget
preparation. The building proposed at this time is sized per the Master Plan and mcludes a fire
suppression system, security system and second floor lift. Oz ArchItecture is currently authorized to
design the origmal buildmg at a cost of $12,300. The total design cost for the expanded facility IS
$29,000 and the estimated cost of the expanded building is $245,000 for a total project cost of
$274,000
ALTERNATIVES CONSIDERED:
No approval of additional funds and the Police EVIdence Compound Replacement Projects wIll not be
accomplished.
FINANCIAL IMPACT:
Funding of the larger Police evidence building with the additional features exceeds the curent budget
for the project, requiring an additional appropriation from CIP Fund unreserved fund balance m the
amount 01'$127,700.
RECOMMENDED MOTION:
"I move to approved ResolutIon 35-2005, a ResolutIon amending the fiscal year 2005 Capital
Investment Program (CIP) budget to reflect the approval of a supplemental budget appropriation m the
amount of$I27,700 to expand the scope of the Police Evidence Compound Project.
I further move to authOrIze Oz Architecture to design the PolIce EVIdence Building for an amount not-
to-exceed $29,000.00.
or,
"I move to deny approval of Resolution 35-2005, a Resolution amending the fiscal year 2005 Capital
Investment Program (CIP) budget to reflect the approval of a supplemental budget appropriatIon in the
amount of$127, 700 to expand the scope of the Police Evidence Compound Project for the following
reason( s) "
Report Initiated by:
Report Prepared by:
Reviewed by:
Steve Nguyen, Engineering Manager
Tim Paranto, DIrector of Public Works
Randy Young, City Manager
Attachments:
I ResolutIon 35-2005
050711 PD Evidence Compound-CAF for expanded scope
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION 35
Series of 2005
TITLE:
A RESOLUTION AMENDING THE FISCAL YEAR 2005 CAPITAL
INVESTMENT PROGRAM (CIP) BUDGET TO REFLECT THE
APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION
IN THE AMOUNT OF $127,700 TO EXPAND THE SCOPE OF
THE POLICE EVIDENCE COMPOUND PROJECT
WHEREAS, the City Council wishes to provide for the construction of a new
Police evidence building, and
WHEREAS, the City Council wishes to expand the scope of the Project, and,
WHEREAS, the cost of the Project is estimated not to exceed $274,000, which
funds are available for this purpose in the CIP budget.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. Budqet Amended
The following amendments to the 2005 CIP budget are hereby approved
(a) A supplemental budget appropriation from CIP unreserved fund
balance in the amount of $127,700 to account #30-305-800-811
Section 2. Expenditure Approved
The expenditure of not to exceed $29,000 is hereby approved from CIP budget
account #30-305-800-811, for the purpose of design of the Police evidence building.
DONE AND RESOLVED this 11th day of Julv. 2005.
Gretchen Cerveny, Mayor
ATTEST
Pamela Anderson, City Clerk
ATTACHMENT 1
ITEM NO: ~
REQUEST FOR CITY COUNCIL ACTION
bf~0 '/f~.
[~~~~ 0
COUNCIL MEETING DATE:
July 11,2005
TITLE:
APPROVE PURCHASE OF PARKS AND RECREATION MINI-
BUS IN THE AMOUNT OF $53,755
D PUBLIC HEARING
[8J BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date: _)
D ORDINANCES FOR 2ND READING
Quasi-Judicial: 0 [8J
Yes No
-r-/ L-:r
Tim ~t~t of Publi, Wo,,"
Ci~F'1
EXECUTIVE SUMMARY:
The Parks and Recreation Department's 2002 GMC passenger van, Unit 380, was involved in an
accident on February 16,2005, requiring replacement of the vehicle due to extensive damage. Parks
and Recreation staff has requested that this van be replaced with a 15 passenger mini-bus which is
more capable of serVIcing semor center program needs. Staff is recommending the purchase of a mini-
bus from Davey Coach Sales Inc., of Sedalia, Colorado in the total amount of $53, 755 Pnce was
negotiated and government discounts applied.
COMMISSION/BOARD RECOMMENDATION:
N/A
ST A TEMENT OF THE ISSUES:
The passenger van, unit 380, used primarily for senior programs, was involved in an accident earlier
thiS year and was damaged beyond repair. This van was one that has been identified as having higher
than normal roll-over potential. Because of these safety issues and the desire to better accommodate
senior center actlvlties, staff has lllvestigated alternate types of vehicles. Mini-busses, having a wlder
and more stable chassls, as well as a capacity for 15 passengers, have been determined to be the most
appropriate vehicle for the intended use Staff researched the various mini-busses available and
prefers the drive quality, safety features and construction of the vehicle provided by Davey Coach
Sales, Inc. A Davey Coach mini-bus was purchased last year and IS providing excellent service.
Davey Coach Sales, Inc. is a sole source provider ofthe type of vehicle speCified, and as such, a bid
process was not conducted. The price quote received from Davey Coach Sales, Inc., IS $53,755.00
(See Attachment). Previous purchase from Davey Coach Sales, Inc. was at a lower price, but did not
include extra seating and the overall pnce has since increased.
AL TERNA TIVES CONSIDERED:
No award and a new senior center passenger mini-bus will not be purchased.
FINANCIAL IMPACT:
The funds for this purchase -$60,000.00- are budgeted III Fleet Replacement, account number
01-303-807 as a result of a budget amendment in April 2005. Funds shall be encumbered in the
amount of the bid.
RECOMMENDED MOTION:
"1 move to purchase the 15-passenger mim-bus from Davey Coach Sales, Inc. of Sedalia, Colorado in
the total amount of $53, 755.00.
I further move that all costs associated with this contract be paid from account number
01-303-800-807, and that these funds be encumbered III accordance with Ordinance #787, 1989
Series."
or,
"1 move to deny purchase of semor center I5-passenger van, for the following reason(s)
"
Report Prepared bY'
ReViewed by:
Greg Knudson, Operations Manager
Tim Paranto, Director of Public Works
Linda Trimble, Purchasing Agent
Attachments:
1 Davey Coach Sales, Inc. Pnce Quote
4102
~TY~
Confidential Fleet Pricing
Ivan Terra-Distributors
Date 612012005 po,
St.ed-m.I...-ce4 aer~ top Sold To I TolIFree 1-800-873-1856
.
. Wddod 1. :< ) 6-c""I' stftI ..... Distributor. 0<l\Ie'Y Coach ~ Inc. Phone-3Q3-.683.95OQ
. zu.c ~.. AU....strvct..... Sled Cace Address: 71112 Revnolds Dnve Fax-~
. f'Ib<rPaos call ...-.... boonIs Cilv: ~ Stale: CO ZIP 80135 www.davevcoach.com
. ~ dJecb skiIttiD& Customer ICity of Wheat Ridge
. BriP' ....... AloK_ ........ ....... Name Mr Greg Knudson
. JI"Ib.eralaa rear c.....t w11.lI Steef Rn.'~t Address 7500 Wesl 29th Ave
. I.P~--- city Wheal Ridge State CO
. .ll.." .u.-todo__ ZIP llOO33
. IMdy . .-<hoc Pt>one 303.205.760' Fax 303 431.7139
. sa..o-n;.~ fiIMrPau ... -.- !chassis IMODEL YEAR 2006
. DriW.-ft pw4 V1N Order.
. R--. _~tic~RH ~ f.>A L\abts Purchasing 0eaI<<
. ~.--1iP' FonIIChevy Fleet Code QX013 Dir Code
. ~- Interior I
. zr ~r_.............. Walls '" Ceiling
. Sndl (7)).4 511" :l2r.... ft.t. ........31..1. UMed~ StancIard T.- V"'!4 T.- TanP s_ Gray
(two _) 0pti0naI__ F.ooc v...- Tan r- Abbey Greysklne
. 54- J, 29 rur c:p-.s ".,....,.
. --......----...... Seals
. P~~~PIooU.c- StancIard T.- V"'!4 - tap;s Blue fn sa- Gray
. cu-a Rullbw n.w -.b .. ~ ~ ~- .. -
. CwpolM _.. _ nI ~ GnoyP-.. ~.. ~~.. L_6
. ,-~........ ...... -- .......... Rooring
V'_~".... aa4......~ StancIard HoicIoom Carpel ,- - "...
. , Gray __ FIeci<s
dwk..........,......~ Oplionol Colorpod Carpel i- Taupe ll48 r" Gray 995
..
. M.- .... ...... ___ - _ podo.cU .... ......,.... Optional RCA _ 9Grvy f" BIacIc
. 0.-..........- Delivery I
. ~~~~uptlooc Dale Promised 90 Days
. upl ~..... LLD. Ertcrior upts
. Ml:fiSIIX~ P.M. V.s.s. SCHOOL BUS ROll. OVDl r ~ Pick up ;; OM..
. C__.....-- IIml Cltn Amount Total
. Dodo ... . a... . -.............. -:diiwy ~ .. ~ ........ Iv- T... Body II. ~ 1 $ 39,300.00 $ 39.300.00
,_ ....., '-- 011 engine (_,_ 8TV'_ Ale DRW '?J.: ~onf) , $ 2."75.00 $ 2."75.00
_1!'- B1lJ..._) Fcrd E35 DRW e.l!l_ 1 $ , .&50.00 $ 1.6!iC.00
. n.;-...~...-.......-..- FcrdE35 I.OLT a-oI $ e.-.oo $ -
fOlUl s..35e SUPDI DUTY ur ~ CH.USIS SPECIJlCAllONS ~SRWe.o LT_ $ 36,675.00 $ .
QBVJI.O~ IJ(J'RSSS ur WB CUTAWAY CHASSIS SPZCIrJCATIONS DRW6.0LT_ $ 311.925.00 $
~.... A ..bod....-""led C<uook. ...... -.. 0"- ~, I tt::.", '"" pg2 $ '''.7(15.00
",,_.- Sbuak bus poca,. _T_ jf+~+,,"
........... IkoYy Duly Ff(d. GA WR OIX "" FOII_ hob, .. $ 51.190.00
'" IO~ A:udl,...", SJ-l~- ~ ,....di..,,'Pra,-...... F"" $ 390.00
_ _ Dd<ABS. M1mlr. ....... sail........ bIa<k ~ $1.275.00
Ok ~ C<oaIId Fr.ar Pucb..(\.~ Rick: T_'-_ $ 58.855.00
-~(-_...) _ Hood R.o.- ~..- 1 :
_, Iud pnI3I Golka T" ~_... 0uaI_ T_ $ 58.855.00
HLmV.~60LT upA~_ Fill. & Go-..._. ____.11. . h._ $ll.1oo.oo
T. ~Hp004-- eo....., up. T__G...-._._.~_ _"'- $ 53.755.00
LnoY75Rxl~ BSW 08__ &.I bF'c '"' ..... s.. T.. (_'11.) I ~
a,.-lMopa w.-..t ..., T__Ouo
- ~..._.t._ """"--.- DopaoI...- I
iF- -p...- ___Id>.-.- i- 0. Up. (' . 1 $53,755.00
\1w-~ o;...I~_""'~.__, ic-- w ~ T..., ......
'.
Caplains stytc cab.seals ----doop-".,-,.- , Ia... End r ap. End r Pao,I..-.
ATTACHMENT 1
ITEM NO'
:2.
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE.
July 11, 2005
TITLE:
COUNCIL BILL 12-2005, AN ORDINANCE AMENDING SECTION
26-204 AND SECTION 26-501 C.4.0F THE WHEAT RIDGE CODE
OF LAWS CONCERNING THE LOCATION OF PARKING
FACILITIES (CASE NO. ZOA 05-01)
o PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date' June 27, 2005)
~ ORDINANCES FOR 2ND READING
Quasi-Judicial: 0
/;/- III_Yes
V1d?i ulL
Community Development Dlrector
~
No
Cit~~
EXECUTIVE SUMMARY:
The zoning and development code requires that all parking for commercIal uses be located on the lot
where the use is located_ Some flexibility is prOVided whereby an owner can arrange to have off-lot
parking on an adjacent parcel, If the parcel IS properly zoned. Currently, parking for adjacent
commercial uses is allowed only in C-I, C-2 and I zone districts. There are potentially many parkIng
resources adjacent to commercial uses that are not zoned C-l, C-2, or 1.
ThiS proposed ordinance does three things: 1) expands the allowance for off-lot parking to the NC and
RC zone districts, 2) allows off-lot parking in residential zone districts ONLY where the use is non-
residential or quaSI-public, and 3) allows off lot parking on residentially zoned property by special use
If the property is owned by the adjacent bUSIness owner
The proposed ordinance asslsts in achleving the Council's goal of being prepared for growth and
opportunities by providing flexible means to meet development standards. The ordinance also relates
to the goal of redevelopIng Wheat Ridge city center by providing additional flexibility In meeting
parking reqUirements In areas targeted for revitalizatIOn, such as the 38th A venue conidor.
\\srv-<:i-eng-002\users$\awhite\All Files\zoning amendment5\Shared parking\CAF 2nd reading.doc
COMMISSIONIBOARD RECOMMENDATION:
Planning Commission heard this request at public hearings on May 5, 2005 and June 2, 2005 and
recommended approval With modifications. Section 26-501 C 4 b has been modified per the
COnUTIlSSIOn'S recommendatIOn The ordinance allows parking on a residentially zoned parcel by
special use if the adjacent business owner also owns the residential parcel. The Planmng Comrmssion
did not recommend this change, recommending instead that the planned development regulatIOns be
modified to allow a request for rezonIng to a straight commercial for surface parking.
ST A TEMENT OF THE ISSUES:
Parking is one of the difficult development standards to address In revitalizing existing
commercial areas in the City The code requires that all parking be located on the lot where the
use IS located. Some flexibility is provIded whereby an owner can arrange to have off-lot parkIng
With an adjacent use A parkIng agreement among the two owners and the City is reqUired. This
agreement is recorded in the real estate records of the County so it becomes binding on the parties.
The agreement may be termInated when a use changes, for example, and the off-lot parking IS no
longer needed.
SectIOn 26-501 C 4 b requires the off-lot parkIng to be located in an area properly zoned for such
parking. Currently, parking for adjacent commercial uses IS allowed only in C-l, C-2 and I zone
distncts. There are potentially many parkIng resources adjacent to commercial uses that are not
zoned C-l, C-2, or I, such as churches and schools. There are also a few instances where an
adjacent parcel could be acquired by a business owner for parkIng, but the parcells zoned
reSidentially, not used for quasI-public or non-reSidentIal uses, and would need to be rezoned. To
rezone the adjacent parcel requires rezomng to a Planned Commercial Dlstnct (all rezomngs for
commercial uses require rezonIng to planned development, regardless of the size of the parcel),
and could take four to six months to complete.
The proposed ordinance modifies the current regulations for parking to provide additIOnal flexibility in
meeting parking reqUirements. Fewer paved surfaces in the City may result from allowing this
additIOnal flexibility in meeting required parking.
AL TERNA TIVES CONSIDERED:
Do not modify the regulations.
Adopt only some of the modifications.
FINANCIAL IMPACT:
There is no financial impact to the City of adopting thiS ordinance.
RECOMMENDED MOTION:
"I move to approve CouncIl Bill 12-2005 on second reading and that it take effect 15 days after
\lsrv-ci-eng-002\users$\awhite\AU Files\zoning amendments\Shared parking\CAF 2nd reading. doc
final pubhcation."
Or,
"I move to table indefinitely Council Bill 12-2005."
Report Prepared by' Alan White, Commumty Development Director
Attachments:
L Plannmg Commission Memorandum dated Apnl 28,2005
2. Planning Commission Memorandum dated May 27, 2005
3 Council Bill 12-2005
\\srv-ci-eng-002\users$\awhite\A1l Files\zoning amendments\Shared parking\CAF 2nd reading. doc
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~
to ~ on this ---.2l.th day of June , 2005, ordered published III full in a
newspaper of general circulation III the City of Wheat Ridge and Public HearIng and
consideration on final passage set for July 11, ,2005, at 7'00 o'clock p.m., in
the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final
reading by a vote of _ to _, this _ day of , 2005
SIGNED by the Mayor on this _ day of
,2005
GRETCHEN CERVENY, MAYOR
ATTEST:
Pamela Y Anderson
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
1 st PublicatIon. June 30, 2005
2nd PublicatIon.
Wheat Ridge Transcript
Effective Date'
City of Wheat Ridge
Community Development Department
Memorandum
TO: Planning Commission
FROM: Alan White, Commumty Development Director
SUBJECT: Case NO ZOA 05-01
DA TE: May 27, 2005
This Case is'
o Quasi-Judicial
o Legislative
This ordinance was previously reviewed by Planning CommissIOn and recommended for approval
with one change. That change has been incorporated Into the ordinance.
It is back before you because staff wanted to discuss a possible addition to the ordinance. What If
this was a scenario' The owner of a bUSiness has purchased a parcel In a residential zone district and
wants to use it for parking. It contains no other structure or use. It's within 300 feet of the business
Under the modified regulation, the lot cannot be used for parking for the business because the parcel
doesn't contain a non-residential or quasI-publIc use.
The question IS: Should the new regulatIOn be modified to accommodate this scenano? If so,
suggested language is shown in the notes column In the ReSidential Table of Uses in the proposed
ordinance.
SUGGESTEED MOTION:
"I move to recommend approval of Case No ZOA 05-01 concerning the locatIOn of parking
faCilities with the modification as proposed by staff"
ATTACHMENT 2
INTRODUCED BY COUNCIL MEMBER r,OKEY
Council Bill No. 12-2005
Ordinance No.
Series of 2005
TITLE:
AN ORDINANCE AMENDING SECTION 26-204
AND SECTION 26-501 C.4.0F THE WHEAT RIDGE
CODE OF LAWS CONCERNING THE LOCATION
OF PARKING FACILITIES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, THAT'
Section 1. Section 26-204 of the Wheat Ridge Code of Laws IS hereby amended
as follows
Table of Uses - Residential
Uses Notes R-l R-IA R-IB R-IC R-2 R-2A R-3 R-3A
Parking of Shall be allowed P P P P P P P P
automobiles of only on lots
clients, patients containing non-
or patrons of residential or
adjacent quasi-public
commercial or uses, subject to
non-residential Section 26-501 C
uses 4
Parking of Shall be allowed S S S S S S S S
automobiles of on lots adjacent
clients, patients to a business
or patrons of only if the
adjacent business owner
commercial uses also owns the
adiacent lot
Table of Uses - Commercial and Industnal Districts
Uses Notes NC RC C-I C-2 I
Parkmg of Subject to Section P P P P P
automobiles of 26-501 C 4
clients, patients and
or patrons ef
occupants of adjacent
commercial or non-
residential uses
dIstricts
ATTACHMENT 3
Section 2. Section 26-501 C 4 of the Wheat Ridge Code of Laws is hereby
amended as follows:
4 Location.
a. Off street parking facilities for any use shall be provided and located on the
same lot as the use or uses they are mtended to serve except as provided
herem.
b. If sufficient parking spaces cannot be accommodated on the lot for any use,
off-lot parkmg may be used provided said parking area is within three hundred
(300) feet of the nearest point on the structure or use for which the parking is
mtended to serve and the off-lot parkmg IS propcrly zoned. a permitted use
as listed in the Table of Uses for the zone district in which the off-lot
parking will be located.
c. In situations where off-lot parking is required and the off-lot site is owned by
others, a wntten agreement between the City, the owner who shall provide the
additional parking, and the owner of the property seeking the parkmg shall be
entered into. Said agreement shall be recorded as a deed restriction and shall
specify the number and location of the parkmg spaces. Approval of said
agreement by the City shall consider the impact of the parking on
adjacent or nearby residential properties. Said agreement may be
terminated only if adequate onslte or offsite parkmg space IS provided through
other means as approved by the director of community development. The
agreement shall be recorded with the Jetferson County Clerk and Recorder's
Office and shall be enforced until all three (3) parties sign a release.
Section 3. Safety Clause. The City Council hereby finds, determines, and
declares that this ordinance is promulgated under the general police power of the City of
Wheat Ridge, that it is promulgated for the health, safety, and welfare ofthe public and
that this ordinance is necessary for the preservation of health and safety and for the
protectIOn of public convenience and welfare The City Council further determines that
the ordmance bears a rational relatiOn to the proper legislative object sought to be
attamed.
Section 4. 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 remaimng section, subsections and clauses shall not be
affected thereby. All other ordinances or parts of ordinances m conflict with the
provisions of this ordinance are hereby repealed.
Section S. Effective Date. This ordmance shall take effect ~ days after final
publication.
CITIZENS 1 RIGHT TO SPEAK
DATE: July 11, 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.
NAME
ADDRESS
TOPIC
DATE:
July 11, 2005
GENERAL AGENDA ITEM COMMENT ROSTER
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 PRIlIr1'111111
NAME
ADDRESS
AGENDA ITEM NO.
..
CITY OF WHEAT RIDGE
PUBLIC BEARING ROSTER
AGENDA ITEM NO.2.
PUBLIC BEARIBG BEFORE THE WHEAT RIDGE CI'rY COUNCIL
COUNCIL BILL BO. 12-2005
CASE NO.
TITLE:
COUNCIL BILL 12-2Q95 - AN ORDINANCE AMENDING SECTION 26-204 AND
SECTION 26-501 C 4 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE
LOCATION OF PARKING FACILITIES.
YOUR NAME AND ADDRESS CHECK
IN FAVOR OPPOSED
-
IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl