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HomeMy WebLinkAbout07/11/2005 P4V}1 4nJu~oY\ 6:30 p.m. Pre-Meeting ~\~:I\J~;\ 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 @~w @@(ill~@~[S I~~(illu~@ 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 ~~ 7 &~W &@(lJJ~@Ofb IO~(!lJlI@@ 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 $53,755 00 JrD _ PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 12-2005 - AN ORDINANCE AMENDING SECTION 26- 204 AND SECTION 26-501 C 4 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE LOCATION OF PARKING FACILITIES Council Bill 12-2005 was introduced on second reading by Mr Gokey City Clerk Pamela Anderson assigned Ordinance No 1}~ :.- \ {(I,d .~ l,,.. f X C { C\' h" '- IUlAI\1< 'J Motion by Mr Gokey to approve Council Bill 12-2005 (Ordinance No. 1348) on se<;:ond reading and that it take effect 15 days after final publication, seconded by '='-c "t. {..'- carried ? /' C AlccI\ ,\;t-C\\--' Plf ,{.".:tccli(,\.\ Ci-\j:- r"ICe'"["c-ttJ, (l..;(4 Vl\..,t '>l' lie l'c~L::> C. c. \ \\t< , \"'" \ ~ I ;" \ CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS Meeting adjourned at7 ~i p m Pamela Y Anderson, City Clerk APPROVED BY CITY COUNCIL ON July 25, 2005 BY A VOTE OF _ to _ Lena Rotola, Council President The preceding Minutes were prepared according to S47 of Robert's Rules of Order, i e they contain a record of what was done at the meeting, not what was said by the members Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. ITEM NO: -ill REQUEST FOR CITY COUNCIL ACTION h: '~$~' ~~U 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