HomeMy WebLinkAboutCouncil Agenda Packet 02-26-18
AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
February 26, 2018 7:00 p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, Public Information Officer, at 303-235-2877 at least one week in advance of a
meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS APPROVAL OF Study Session Notes of February 5, 2018 and Special Study Session Notes of January 22, 2018
PROCLAMATIONS AND CEREMONIES CITIZENS’ RIGHT TO SPEAK
a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3
minutes and sign the PUBLIC COMMENT ROSTER. b. Citizens who wish to speak on an Agenda Item, please sign the GENERAL AGENDA ROSTER.
c. Citizens who wish to speak on a Public Hearing item, please sign the PUBLIC HEARING ROSTER before the item is called to be heard. d. Citizens who wish to speak on Study Session Agenda Items, please sign the STUDY
SESSION AGENDA ROSTER. APPROVAL OF AGENDA
ORDINANCES ON FIRST READING 1. Council Bill 05-2018– approving the rezoning of property located at 4433 Tabor Street from Agriculture-One (A-1) to Mixed Use-Neighborhood District (MU-N) (Case No. WZ-18-01/Kennedy)
CITY COUNCIL AGENDA: February 26, 2018 Page -2-
ORDINANCES ON FIRST READING cont. 2. Council Bill 06-2018 – repealing unnecessary Code Sections in Chapter 19
DECISIONS, RESOLUTIONS AND MOTION 3. Resolution 14-2018 – approving the Jefferson County Communications Center Authority Member Services Agreement
4. Resolution 12-2018 – concerning the proposed Redevelopment within the Applewood
Shopping Center for the Development of a Hacienda Colorado Restaurant, and authorizing a Cooperation Agreement in connection therewith 5. Motion to award the 2018 Crack Seal Project and subsequent payments to Precise
Striping, LLC, Frederick, Colorado, in the amount of $126,990.00 with a Contingency
amount of $6,350.00 and Authorize the Director of Public Works to issue Change Orders up to a total Contract and Contingency amount of $133,340.00 6. Resolution 13-2018 – designating the City Hall Lobby as the Official Public Notice
Posting Location and the Wheat Ridge Transcript as the Official Newspaper of General
Circulation for City Publications in 2018 CITY MANAGER’S MATTERS
CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURN TO Special Study Session
ITEM NO: DATE: February 26, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 05-2018 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4433 TABOR
STREET FROM AGRICULTURAL-ONE (A-1) TO MIXED USE-
NEIGHBORHOOD DISTRICT (MU-N) (CASE NO. WZ-18-
01/KENNEDY) PUBLIC HEARING ORDINANCES FOR 1ST READING (02/26/2018)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (03/26/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ _____________________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Agricultural-One (A-1) to Mixed Use - Neighborhood (MU-N) for property located at 4433 Tabor Street. The purpose of the rezoning is to modify and expand the list of permitted uses and to simplify the review and approval process for future redevelopment on the property.
PRIOR ACTION: Planning Commission heard this request at a public hearing on February 15, 2018, and gave a recommendation of approval for the following reasons:
1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan and Fruitdale Subarea Plan 3. The proposed zone change is consistent with the character of Tabor Street.
4. The zone change will provide opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request.
Council Action Form – Kennedy
February 26, 2018
Page 2 The staff report and meeting minutes from that meeting will be included with the ordinance for
second reading.
FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $950 were collected for the review and processing of Case No. WZ-18-01.
If the proposed rezoning is approved, there could be an advancement of the City’s goals for the redevelopment of underutilized properties. BACKGROUND: The property is located on the west side of Tabor Street, north of W. 44th Avenue and south of
Interstate-70. The eastbound on-ramp for I-70 is immediately adjacent to the property to the west. The site is just under one acre in size, and it currently includes a single family home that was built in 1934 (per Jefferson County Assessor records). The majority of the site is undeveloped. Access is provided from Tabor Street, although the existing driveway is not paved. The width of the
frontage on Tabor Street is approximately 130 feet.
Surrounding Land Uses The subject property is zoned Agricultural-One (A-1) and the surrounding properties include a variety of land uses and zoning designations. The west side of Tabor Street is generally more
commercial in nature. To the north are two properties zoned Planned Commercial Development
(PCD). This includes an office/warehouse, which was rezoned from A-1 to PCD in 1986 and built in 1998, and Trailer Source, which was rezoned from A-1 to PCD in 1995 and was built in 2006. To the south is Heinie’s Market which has been in this location for decades and is zoned Commercial-One (C-1).
Across Tabor to the east, properties are zoned residentially and agriculturally. The property immediately across the street is approximately 2 acres in size, is vacant, and is zoned A-1. To the north at W. 46th Avenue is a neighborhood predominantly zoned Residential-Two (R-2). To the southeast is a single-family home zoned R-1 and several properties at 44th Avenue zoned R-3
containing multifamily apartments.
Current and Proposed Zoning The existing zoning on the property is Agricultural-One (A-1) which allows single-family dwellings and farming operations if the property is over one acre in size. Because the property is
smaller than one acre, the only use allowed is a residence.
The applicant is requesting to rezone the property to Mixed Use-Neighborhood (MU-N), a zone district that is intended for neighborhood main streets and neighborhood commercial centers. In addition to residential, civic, and office uses, this zone district allows for a limited range of
neighborhood-serving commercial and retail uses.
Council Action Form – Kennedy
February 26, 2018
Page 3 A request for a rezoning to any of the City’s mixed use districts may be made as a speculative
zone change without specific future plans. In this case, the applicant has indicated that he intends
to develop live/work units if the zone change is approved. Any redevelopment of the site under MU-N would be reviewed as part of a separate land use application in the future. Site plan review would confirm compliance of new development with the mixed use design standards.
In this location, Tabor Street is designated as a collector street and is a primary north-south route
between W. 44th Avenue and W. 52nd Avenue, connecting to both the I-70 Frontage Road and the Wheat Ridge · Ward commuter rail station. The character of Tabor varies, but in this particular location MU-N may be an appropriate zone district because of the presence of both commercial and residential uses.
The application has been through the standard referral process with no concerns raised by any outside agencies or City departments. A separate referral process will be required as part of future site development. RECOMMENDED MOTION:
“I move to approve Council Bill No. 05-2018, an ordinance approving the rezoning of property located at 4433 Tabor Street from Agricultural-One (A-1) to Mixed Use – Neighborhood (MU-N) on first reading, order it published, public hearing set for Monday, March 26, 2017, at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication.”
REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill No. 05-2018
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER ______________
COUNCIL BILL NO. 05 ORDINANCE NO. _________ Series of 2018 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 4433 TABOR STREET FROM AGRICULTURAL-ONE (A-1) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-18-01/KENNEDY) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes
procedures for the City’s review and approval of requests for land use cases; and, WHEREAS, Tom Kennedy submitted a land use application for approval of a zone change to the Mixed Use-Neighborhood (MU-N) zone district for property located at 4433 Tabor Street; and,
WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan – Envision Wheat Ridge — which calls for the redevelopment of and reinvestment in underutilized properties; and,
WHEREAS, the designation of the subject property on the Comprehensive Plan
Structure Map is Mixed Use Commercial, and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on February 15, 2018 and voted to recommend approval of rezoning the property to
Mixed Use-Neighborhood (MU-N),
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Tom Kennedy for approval of a zone change
ordinance from Agricultural-One (A-1) to Mixed Use-Neighborhood (MU-N) for property located at 4433 Tabor Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land:
PARCEL DESCRIPTION: (REC. #F1712798 OF APRIL 02, 2003) A PORTION OF LOT 9. LEES SUBDIVISION MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 132' SOUTH OF THE EAST LINE OF THE
NORTHEAST CORNER; THENCE 315' WEST; THENCE 132' SOUTH; THENCE 315' EAST;
THENCE 132' NORTH TO THE POINT OF BEGINNING, EXCEPT THAT
PORTION CONVEYED IN QUIT CLAIM DEED RECORDED MARCH 8, 1985 AT RECEPTION #85021775
COUNTY OF JEFFERSON STATE OF COLORADO
Section 2. Vested Property Rights. Approval of this zone change does not
create a vested property right. Vested property rights may only arise and accrue
pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines,
and declares that this ordinance is promulgated under the general police power
of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the
proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 28th day of February 2018, ordered it published with Public Hearing and consideration on final passage set for Monday, March 26, 2018 at 7:00 o’clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it
takes effect 15 days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2018.
SIGNED by the Mayor on this _______ day of _______________, 2018.
______________________________________ Bud Starker, Mayor
ATTEST: _______________________________________
Janelle Shaver, City Clerk
Approved as to Form
_______________________________________ Gerald Dahl, City Attorney
1st publication: 2nd publication: Wheat Ridge Transcript:
Effective Date:
ITEM NO: DATE: February 26, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 06-2018 – AN ORDINANCE REPEALING UNNECESSARY CODE SECTIONS IN CHAPTER 19
PUBLIC HEARING ORDINANCES FOR 1ST READING (02/26/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (03/12/2018) RESOLUTIONS
QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager
ISSUE: This ordinance repeals Article II of Chapter 19 of the Code of Laws concerning civil service procedures for the Police Department. These procedures are outdated and no longer used. This is a City Code clean up item.
PRIOR ACTION: Article II was last amended in 2002. FINANCIAL IMPACT:
None. BACKGROUND: Article II of Chapter 19 of the Code of Laws provides civil service procedures applicable exclusively to the City’s Police Department. The subjects addressed in this Article have long
since been more fully covered by City Personnel policies generally. The Article is outdated and unnecessary and should be repealed.
Council Action Form – Repeal of Unnecessary Code Sections in Chapter 19
February 26, 2018
Page 2 RECOMMENDATIONS: Staff recommends approval of the ordinance.
RECOMMENDED MOTION: “I move to approve Council Bill No. 06-2018, an ordinance repealing unnecessary Code sections in Chapter 19, on first reading, order it published, set for second reading on March 12, 2018 at 7:00 p.m. in City Council chambers and if adopted that it take effect upon adoption.”
Or, “I move to postpone indefinitely Council Bill No. 06-2018, an ordinance repealing unnecessary Code sections in Chapter 19, for the following reason(s) ________________.
REPORT PREPARED BY: Gerald Dahl, City Attorney Daniel Brennan, Chief of Police Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill No. 06-2018
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________
COUNCIL BILL NO. 06 ORDINANCE NO. _________ Series 2018 TITLE: AN ORDINANCE REPEALING UNNECESSARY CODE SECTIONS IN
CHAPTER 19
WHEREAS, the City of Wheat Ridge, Colorado (the “City”), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City,
acting through its City Council (the “Council”), is authorized to adopt ordinances for the
protection of the public health, safety or welfare; and
WHEREAS, Article II of Chapter 19 of the Code of Laws provides civil service procedures applicable exclusively to the City’s Police Department. The subjects addressed in this Article have long since been more fully covered by City personnel
policies generally; and
WHEREAS, the City Council has determined that Article II of Chapter 19 of the Code of Laws is no longer needed and should be repealed.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Article II of Chapter 19 of the Code of laws, comprising Code
Sections 19-21 through 19-32, inclusive, is hereby repealed.
Section 2. Effective Date. This Ordinance shall take effect upon adoption after second reading, as permitted by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this
26th day of February, 2018, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for March 12, 2018 at 7:00 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 ______________, 2018.
SIGNED by the Mayor on this _____ day of ____________, 2018.
_________________________
Bud Starker, Mayor
ATTEST:
_________________________ Janelle Shaver, City Clerk Approved as to Form
_________________________ Gerald E. Dahl, City Attorney
First Publication: Second Publication: Wheat Ridge Transcript Effective Date:
Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us
ITEM NO: DATE: February 26, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 14-2018 – A RESOLUTION APPROVING
THE JEFFERSON COUNTY COMMUNICATIONS CENTER
AUTHORITY MEMBER SERVICES AGREEMENT PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Police Chief City Manager ISSUE:
The Jefferson County Communications Center Authority (Jeffcom) Agreement establishes the terms and conditions upon which Jeffcom will provide E-911 and dispatch radio services to the City of Wheat Ridge. PRIOR ACTION:
The Wheat Ridge City Council approved an Intergovernmental Agreement (IGA) to provide for a single call-taking and dispatch center for police and fire agencies on March 28, 2016. City Council approved a Dispatcher Transition and License Agreement with Jeffcom on December 11, 2017.
FINANCIAL IMPACT: City Council previously approved the 2018 payment to Jeffcom for E-911 call-taking and police radio dispatch services on December 11, 2017.
BACKGROUND:
This agreement establishes the specific terms and conditions for E-911 call-taking and police radio dispatch services between the Wheat Ridge Police Department and Jeffcom. This agreement builds upon the expectations established in the initial Jeffcom IGA approved in 2016. This agreement establishes the standard services that Jeffcom will provide for all member and
Council Action Form- Jeffcom Member Services Agreement
February 26, 2018
Page 2 user agencies. There are three exhibits to this agreement that outline specific service expectations. Exhibit A outlines the services that are specific to member agencies, in this case
the Wheat Ridge Police Department. Exhibit B sets the service level expectations for Jeffcom
that have been established by the Jeffcom Board of Directors during the six months after Jeffcom begins providing services to member agencies and will then meet moving forward. Exhibit C contains the Target Service Levels, which are nationally-recognized standards found for police, fire and EMS services.
The agreement outlines exceptions for Service Levels in the event of a disaster or catastrophic event; establishes reporting expectations between Jeffcom and member agencies; details service delivery and dispute resolution processes; the responsibilities of the member agencies; establishes the proper handling of records as defined by the Colorado Open Records Act; and
sets forth the process for how key communication notices will be given and received. Lastly, the
agreement states financial expectations for all parties to this Agreement based specifically on the annual appropriation of funds by each agencies governing body. While there are many E-911 and radio dispatch processes that are similar for police and for fire,
each agency has unique services and processes being completed within their current centers that
Jeffcom will assume. Exhibit A of this document lists the services the Wheat Ridge Police Department requires Jeffcom to handle. This agreement commences January 1, 2018, and will renew automatically for additional one-
year terms unless modified by a written agreement.
RECOMMENDATIONS: Staff requests that City Council approve the Jeffcom Member Services Agreement.
RECOMMENDED MOTION:
“I move to approve Resolution No. 14-2018, a resolution approving the Jefferson County Communications Center Authority Member Services Agreement.” Or,
“I move to deny the approval of Resolution No. 14-2018, a approving the Jefferson County Communications Authority Member Services Agreement for the following reason(s) _________________.”
REPORT PREPARED/REVIEWED BY:
Daniel Brennan, Chief of Police ATTACHMENTS: 1. Resolution No. 14-2018
2. Member Services Agreement
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 14-2018
Series of 2018 TITLE: A RESOLUTION APPROVING A MEMBER SERVICES AGREEMENT WITH THE JEFFERSON COUNTY COMMUNICATIONS CENTER AUTHORITY
WHEREAS, the City of Wheat Ridge, Colorado (the “City), acting through its City Council (“Council”) is a home rule municipality with statutory and constitutional authority to enact ordinances and enter into agreements for protection of the public health, safety and welfare; and
WHEREAS, C.R.S. § 29-1-203 authorizes Colorado local governments to cooperate
and contract with one another to provide any function, service or facility lawfully authorized to each; and
WHEREAS, in 2016, the City entered into an intergovernmental agreement with several other Jefferson County municipalities, law enforcement agencies and fire protection districts to
form the Jefferson County Communications Center Authority (“JeffCom”), designed to provide
centralized emergency services reporting, dispatching, communications, coordination and support services to its members; and
WHEREAS, as JeffCom progresses towards full functionality and assumes responsibility for these services, the need has arisen for each member agency to enter into a
stand-alone agreement with JeffCom that outlines the particular services to be provided to the
agency; and
WHEREAS, the City and JeffCom have come to an agreement concerning the services to be provided by JeffCom to Wheat Ridge, and the City Council wishes to approve the same; and
WHEREAS, Section 14.2 of the Wheat Ridge Home Rule Charter authorizes the
Council, acting by resolution or ordinance, to enter into contracts or agreements with other governmental units.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
The attached Member Services Agreement with the Jefferson County Communications
Center Authority is hereby approved. The Mayor and City Clerk are authorized to execute the
same.
DONE AND RESOLVED this ____ day of February, 2018.
Bud Starker, Mayor
2
ATTEST:
Janelle Shaver, City Clerk
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JEFFERSON COUNTY COMMUNICATIONS CENTER AUTHORITY (JEFFCOM)
MEMBER SERVICES AGREEMENT
This MEMBER SERVICES AGREEMENT (“Agreement”) is made by and between Jefferson County Communications Center Authority (“Jeffcom”) and the City of Wheat Ridge (“Member”). Jeffcom and Member are collectively referred to herein as the “Parties,” and individually, as a “Party.”
RECITALS
A. Member is a home rule municipality duly organized and existing under Articles XX of the Colorado Constitution and the City’s Home Rule Charter; and
B. Jeffcom is a separate governmental entity created pursuant to Section 29-
1-203, C.R.S., by the Intergovernmental Agreement Establishing the Jefferson County
Communications Center Authority (“Creation Agreement”) entered into by and among
West Metro Fire Protection District, Evergreen Fire Protection District, Arvada Fire
Protection District, the City of Arvada, the City of Wheat Ridge, the City of Golden, the
City of Lakewood, and the Jefferson County Sheriff’s Office (collectively, the
“Members”); and
C. Jeffcom was established to provide emergency services reporting,
dispatching, and communications, along with coordination and support services between the Members and between the Members and public or private entities that have entered into agreements for such services with Jeffcom; and
D. Pursuant to Paragraph 3.4.1 of the Creation Agreement, Jeffcom is constructing a communications and dispatching center on behalf of the Members at 433 S. Allison Way, Lakewood, Colorado 80226 (the “Dispatch Center”) that will enable consolidation of the Members’ respective public safety answering point (“PSAP”) operations; and
E. Pursuant to Article 3 of the Creation Agreement, Jeffcom was organized to provide services and functions reasonably related to reporting communications,
dispatching, and technological support services for emergency service providers to the
Members; and
F. Pursuant to Section 3.4.4 of the Creation Agreement, Jeffcom has the
power to enter into, make, and perform contracts of every kind; and
G. Pursuant to Article 4 and Section 7.4 of the Creation Agreement,
Members have the right to receive emergency services communication, dispatching,
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reporting, and coordinating services and support from Members in exchange for the
Members’ Annual General Operating Fund Contribution and Annual Capital Reserve
Fund Contribution; and
H. This Agreement sets forth the terms and conditions upon which Jeffcom
will provide services to Member; and
I. Jeffcom has reviewed all Member dispatch policies and procedures of
which it is aware prior to entering into this Agreement but is not obligated to follow any
specific dispatch policy or procedure in performance of this Agreement.
AGREEMENT
1. Purpose and Objectives. The purpose of this Agreement is to set forth the services to be provided by Jeffcom to Member.
2. Term. This Agreement shall commence on January 1, 2018 and continue through December 31, 2018 (the “Original Term”). The Agreement shall thereafter renew automatically for additional one-year terms (each a “Renewal Term”) unless modified by a written agreement. This Agreement shall automatically terminate upon termination of the Creation Agreement or if at any time Member ceases to be a Member of Jeffcom for any reason pursuant to Article 4 of the Creation Agreement.
3. Definitions. The following terms shall have the following meanings
when used in this Agreement:
(a) “Abandoned Rate” shall mean the number of callers that hang up
before reaching a call taker as a percentage of all calls.
(b) “Acknowledgment” shall mean that, upon receipt of notice of an
issue related to Service Levels, Jeffcom has provided the Member with an
Acknowledgment of the issue by the same means by which notice was provided
to Jeffcom.
(c) “CAD” shall mean computer-aided dispatching.
(d) “Initial Hold Time” shall mean the Speed of Answer for calls not answered within 10 seconds.
(e) “Jeffcom Service Area” shall have the same meaning as set forth in Section 2.17 of the Creation Agreement.
{00605233.DOCX / } 3
(f) “Key Notices” shall mean notices regarding any default or dispute
under this Agreement, or any amendment or termination of this Agreement.
(g) “Member-Specific Services” shall mean those Services to be
provided by Jeffcom to Member, as set forth in Exhibit A, attached hereto and
incorporated herein, which are in addition to the Standard Services Jeffcom
agrees to provide to all Members.
(h) “Mobile CAD Issue Acknowledgment” shall mean the
Acknowledgment by Jeffcom staff that an issue with Mobile CAD connectivity
has been received and assigned to Jeffcom staff for resolution.
(i) “Mobile CAD Issue Resolution” shall mean either (1) that Jeffcom has restored Mobile CAD connectivity if the issue resides within the infrastructure owned and controlled by Jeffcom or (2) that Jeffcom has determined that the issue is outside of the Jeffcom infrastructure.
(j) “Percentage of Resolution on First Contact” shall mean the number of non-emergency calls that do not require a callback to resolve.
(k) “Quality Assurance Scores” shall mean the scores on Quality
Assurance audits conducted by Jeffcom staff.
(l) “Resolution” shall mean connectivity to the Jeffcom Mobile CAD
has been restored.
(m) “Services” shall mean both the Standard Services and Member-
Specific Services, as set forth in Sections 4 and 5, to be provided by Jeffcom to
Member.
(n) “Service Levels” shall mean the performance standards and
benchmarks related to the Standard Services to be met by Jeffcom, as further set
forth in Exhibit B and incorporated herein.
(o) “Speed of Answer” shall mean the time that a caller must wait to speak with a call taker.
(p) “Standard Services” shall mean the Services to be provided to all Members by Jeffcom, as set forth in Section 4 herein.
(q) “Target Service Levels” shall mean performance benchmarks related to the Standard Services as set forth in Section 6, which Jeffcom will strive to meet.
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4. Authorized Representatives. Jeffcom initially designates the Executive
Director as the “Jeffcom Representative.” Member initially designates ____, as the
“Member Representative.” Communications regarding the performance of this
Agreement shall be initiated by the Jeffcom Representative or Member Representative
wherever practicable. Either Party may designate another individual as their respective
Representative upon notice provided to the other Party via electronic transmission.
5. Standard Services. Jeffcom will provide the following services to or for
the benefit of all Members:
(a) 911 answering and dispatch services 24 hours per day, 7 days per week, 365 days per year within the Jeffcom Service Area, and logging of all calls;
(b) Requesting mutual aid and other resources; monitoring radio communications; initiating emergency procedures during incidents; sending text messages via approved service to responders; providing directions and hazard information; tracking resources during incidents; and providing access to CAD to Members, including provision of CAD data for Members’ records management systems;
(c) Employing sufficient staff to maintain the required services
established within the Creation Agreement and this Agreement;
(d) Maintaining operations that are compliant with Criminal Justice
Information Services (CJIS) standards;
(e) Answering non-emergency calls that are routed into the Dispatch
Center and either addressing the non-emergency request or routing it to the
appropriate entity/number for service based on Jeffcom’s established standard
operating procedures and phone contact lists provided by Members;
(f) Recording emergency calls and dispatch radio traffic and providing
recordings of the same to Members upon request;
(g) Fulfilling Colorado Criminal Justice Act (CCJRA) requests in accordance with relevant statutes, processes established with the Members, and any records management schedule adopted by Jeffcom;
(h) Conducting citizen emergency notifications as required;
(i) Initiating callout notifications including callout notifications for specialty units such as SWAT, investigators, CERT, CIRT, Jeffco CART, K9, and public information officers;
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(j) Verifying warrants and protection orders outside of normal
business hours for Members that do not have 24-hour a day, 7-day a week
records operation, following procedures established with each designated
agency;
(k) Notifying Members or outside vendors of reported issues with
traffic control devices;
(l) Providing tactical dispatch services upon request, pending resource
availability;
(m) Providing to Members quarterly standardized reporting that describes performance against the established Service Levels, as well as analysis of any significant variances in Service Level performance;
(n) Notifying Members as soon as practicable in the event of any breach of confidentiality that may be discovered;
(o) Developing and maintaining training and quality assurance programs that ensure appropriate delivery of Service Levels;
(p) Providing standard configuration files and support and resolution
for issues related to Mobile CAD availability when those issues are related to
Jeffcom infrastructure (i.e., servers and connectivity within the Dispatch Center);
(q) Providing Continuity of Operations and Disaster Recovery services
related to Jeffcom’s specified scope of services in the event of a disruption of
services;
(r) Activating outdoor warning system for Members;
(s) Accessing CAD, CCIC/NCIC, and ICCES at any Member’s
request to verify information in such databases for any Member;
(t) Entering information in CCIC/NCIC at any Member’s request to document procedural steps taken by any Member (e.g., service of process for protection orders accomplished outside of Member’s normal business hours, defined as Monday through Friday, 8 a.m. to 5 p.m.);
(u) Providing browser-based access to CAD data including direct viewing of CAD data;
(v) Coordinating technology, mobile, and radio upgrades that could impact any Member’s operations, except for those upgrades required to be coordinated by Member as set forth in Section 11(h), and notifying Member in
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advance of these changes. Software changes or updates may require more notice
due to vendor limitations. This includes any required downtime for the CAD
system associated with regular maintenance activities or required downtime
associated with emergency or planned upgrades;
(w) Providing an automated, regular means of exposing to Member all
CAD data specifically related to Member or Member’s employees in a form
suitable to support Member’s internal data reporting needs. The data should be
made available in a recognizable industry-standard format;
(x) Complying with the Health Insurance Portability and Accountability Act (HIPAA), as applicable; and
(y) Consulting Member whenever Jeffcom anticipates or is planning an action that a reasonable dispatching professional would know would create a significant Service Level disruption or issue, such as a consolidation of data channels or similar action.
6. Member-Specific Services.
(a) In addition to the Standard Services, Jeffcom will provide Member-Specific Services specified in Exhibit A, attached hereto and incorporated herein.
(b) On an annual basis, Member may request that Jeffcom add
Services to the Member-Specific Services and set associated performance
benchmarks for such Member-Specific Services, which must be agreed upon by
both Parties and added to the Agreement as an amended Exhibit A. If the Parties
agree that any such additional Member-Specific Services should incur additional
charges to Member, such costs shall be reflected in any amendment to Exhibit A
and shall be separate from and in addition to Member’s Annual General
Operating Fund Contribution and Annual Capital Reserve Fund Contribution.
7. Service Levels.
(a) Service Levels. During the six-months after the date on which Jeffcom begins providing Services to Member from the Dispatch Center, Jeffcom will make all reasonable efforts to meet the Service Levels set forth in Exhibit B, attached hereto and incorproated herein. Beginning six (6) months after the date on which Jeffcom begins providing Services to Member from the Dispatch Center, Jeffcom will meet the Service Levels set forth in Exhibit B, , corresponding to such Standard Services.
{00605233.DOCX / } 7
(b) Target Service Levels. In addition, Jeffcom will strive to meet the
following nationally-recognized standards as further set forth in Exhibit C
attached hereto and incorporated herein:
(i) Dispatching that meets the minimum requirements of the
most current edition of National Fire Protection Association
(NFPA) 1221 Standard for the Installation Maintenance and
Use of Emergency Communications Systems;
(ii) National Highway Safety Transportation Administration (NHSTA) Standard Practice for Emergency Medical Dispatching;
(iii) Commission on Fire Accreditation (CFAI);
(iv) Commission on Accreditation for Law Enforcement Agencies (CALEA);
(v) National Emergency Number Association (NENA);
(vi) International Organization for Standardization (ISO).
(c) Meetings. The Parties will schedule twice yearly meetings to discuss the Service Levels and performance and other issues related to delivery of Services.
(d) Member Request for Change in Service Levels. Any request for a
change in Service Levels for any Renewal Term shall be sent by Member to
Jeffcom, in writing, and agreed to by the Parties no later than 30 days prior to the
end of the Original Term or any Renewal Term.
8. Service Level Exceptions. Service Levels will be suspended, and Jeffcom
shall not be required to meet the Service Levels, in the event any of the following
occurs:
(a) A force majeure event, catastrophic event, or other disaster that requires Jeffcom to evacuate the Dispatch Center and move operations to a temporary backup center. In such an event, Jeffcom will make best efforts to maintain Service Levels and will communicate regularly with Members its ability to continue to provide Services and meet Service Levels;
(b) Service Levels degradation caused by the acts or omissions of the Member, its employees, contractors, or agents;
{00605233.DOCX / } 8
(c) The failure or malfunction of equipment, applications,
connectivity, or systems not managed by Jeffcom;
(d) The unavailability of required Member personnel, including as a
result of a failure by Member, its employees, contractors, or agents to provide
Jeffcom with accurate, current contact information, or access to Member data,
systems, or radio frequencies.
9. Reporting to Member.
(a) Service Level Reporting. On a monthly basis, Jeffcom shall provide reports to Member in a standardized format by the 7th business day of each month which summarizes the performance metrics for the previous month. This information will include Service Level performance for Jeffcom overall and for each Member. Jeffcom will identify in monthly reporting when Service Levels are not met. In addition to documentation of achieved performance levels, Jeffcom will provide root cause analysis of issues with Service Levels achievement and document remediation and improvement plans.
(b) Operational Reporting. Jeffcom will provide monthly reports to Member on operational metrics related to Jeffcom’s performance of the Member-Specific Services.
(c) Non-Standard Report Requests. Jeffcom will respond to requests
for non-standard reports and information from Member on a best effort basis,
working with Member to understand the request requirements and meet
operational and timing requirements. If the report request requires a cost to
Jeffcom for programming or other services, Member will be required to
contribute to the cost of fulfilling the information request.
(d) Citizen Complaints. Jeffcom will provide Member with a
summary of all complaints and associated action on those complaints that are filed with Jeffcom by any member of the public, to the extent to which such complaints can be identified as relating to Member. This notification will take place within three (3) business days of Jeffcom’s receipt of a complaint.
10. Service Delivery Issues and Dispute Resolution. The Member Representative will be first point of contact for any issues related to Jeffcom’s performance of Services or Service Levels.
(a) If Jeffcom fails to provide any of the Services identified in this Agreement or materially fails to meet Service Levels, Member shall provide written documentation of such failure within thirty (30) days of discovering such failure.
{00605233.DOCX / } 9
(i) Default in Provision of Services. Upon receipt of written
documentation required by Section 10(a) alleging a failure by Jeffcom to
provide any of the Services, Jeffcom will produce a written remediation
plan reasonably acceptable to Member within thirty (30) days of receipt
of such notice, specifying the steps Jeffcom will take to cure the failure to
provide such Service(s). If the default is not cured within 60 days from
the date Member provides written notice to Jeffcom, Member may either
provide such Service(s) itself, or procure such Service(s) from a third party and Jeffcom will be liable to Member for the reasonable cost of Member providing or procuring such Service(s) elsewhere, and any all other reasonable costs and expenses incurred by Member because of such failure.
(ii) Material Failure to Meet Service Level Standards. Upon receipt of written documentation required by Section 10(a) alleging that Jeffcom has materially failed to meet Service Levels, Jeffcom will investigate the failure, provide an assessment to Member within five (5)
business days of notification by Member, and produce a written
remediation plan reasonably acceptable to Member within thirty (30) days
following receipt of such notice from Member, which remediation plan is
specifically addressed to prevent future material failures. If Member and
Jeffcom are unable to agree upon a remediation plan, the Parties shall
submit the dispute to the Board pursuant to Paragraph 9.9, Dispute
Resolution, of the Creation Agreement.
(b) Jeffcom will make every effort to research and resolve issues within its operations. If the problem relates to circumstances outside of Jeffcom’s operations, Jeffcom will notify Member and work with Member to develop an appropriate mitigation strategy.
11. Member Responsibilities. As outlined in Article 3 of the Creation Agreement, Member has certain responsibilities relating to this Agreement, which are further defined below. In the event of a conflict between this Agreement and the Creation Agreement, the terms of the Creation Agreement shall prevail. Responsibilities of Member include:
(a) Providing such data and information as is reasonably necessary for Jeffcom to perform the Services and accomplish the purposes of this Agreement. This shall include:
(i) Jurisdiction-specific updates to boundaries, subdivisions, GIS layers, and other specific information required to provide dispatch
and call-taking services for the jurisdiction; the exception shall be
information that is also submitted to the County GIS Provider (currently
{00605233.DOCX / } 10
Geocomm) as part of the established Jefferson County Emergency
Communications Authority (JCECA) update process;
(ii) Emergency contact and business contact updates
(collectively known as Keyholder data);
(iii) Relevant operational changes such as changes to response
areas or response plans;
(iv) Updates to administrative and operational contacts;
(v) Annual updates to caution notes that have not been verified
or otherwise maintained within the previous year; and
(vi) Providing, in advance of a new requirement associated with the performance of Services, at least thirty (30) days notice to Jeffcom to allow sufficient time to establish training, knowledge base, and technology requirements for the required Service;
(b) Providing all information required to establish and maintain caution notes. Jeffcom shall enter this data prior to the end of the shift in which Member reported the caution note;
(c) Maintaining connectivity to the Jeffcom Mobile CAD instance and
for “last mile” (from Member’s firewall to Member’s owned devices)
connectivity to the Jeffcom Wide Area Network (WAN);
(d) Providing any agency-specific configurations of Mobile CAD
instances required to meet specific Member needs or for Jeffcom to provide the
Member-Specific Services;
(e) Maintaining radio connectivity and associated infrastructure to
maintain connection with Jeffcom;
(f) Maintaining all end-user technology and integration of any connectivity required to new technology implemented by Member;
(g) To the extent applicable, maintaining operations that are compliant with Criminal Justice Information Services (CJIS) standards with regards to all interactions with Jeffcom;
(h) Coordinating technology, mobile, and radio upgrades that could impact Jeffcom operations and notifying Jeffcom in advance of these changes. The Parties acknowledge that software changes or updates may require more notice due to vendor limitations;
{00605233.DOCX / } 11
(i) Making reasonable efforts to alert Jeffcom in a timely manner to
any circumstance or event that may generate excess calls to the Dispatch Center
and may result in degradation in performance measures as stipulated in this
Agreement. This could include but is not limited to events with increased law
enforcement or fire presence, port of entry operations, pending weather events or
natural disasters, large-scale training exercises, and festivals or other special
events.
12. Records Requests. Jeffcom makes, maintains, and keeps public records as defined in the Colorado Open Records Act, Title 24, Article 72, Part 3, C.R.S., and is also a criminal justice agency pursuant to the Colorado Criminal Justice Records Act, codified at C.R.S. §§ 24-72-301 to -309 (the “CCJRA”), for any criminal justice records for which Jeffcom is the custodian. Jeffcom will handle requests for public records pursuant to CORA and any policies adopted by Jeffcom. Jeffcom will handle requests for criminal justice records pursuant to the CCJRA, any policies adopted by Jeffcom, and the following procedures:
(a) As soon as practicable upon receiving a CCJRA request for any criminal justice record related to Member, Jeffcom will notify Member. The purpose of this notification is to provide the opportunity for the Parties to consult
regarding the appropriateness of disclosure of such Jeffcom records.
(b) Jeffcom specifically agrees to deny access to any criminal justice
record that Member asserts is part of an open investigation.
(c) Member shall designate a representative and alternate to Jeffcom
whom Jeffcom may contact for purposes of complying with Jeffcom’s
obligations under this Section 12.
13. Notices.
(a) Key Notices shall be given in writing and shall be deemed received if given by: (i) confirmed electronic transmission (as defined in subsection 13(b), below) when transmitted and a “read receipt” received by the sender, if transmitted on a business day and during normal business hours of the recipient, and otherwise on the next business day following transmission; (ii) certified mail, return receipt requested, postage prepaid, three (3) business days after being deposited in the United States mail; or (iii) overnight carrier service or personal delivery, when received. For Key Notices, the Parties will follow up any electronic transmission with a hard copy of the communication by the means described in subsection (a)(ii) or (a)(iii) above. All other communications or notices between the Parties that are not Key Notices may be done via electronic transmission. Notice shall be given to the Parties at the following addresses:
{00605233.DOCX / } 12
If to Member:
City of Wheat Ridge
Attn: Chief of Police
7500 W. 29th Ave.
Wheat Ridge, CO 80033
Tele: (303) 234-5900
Email: ChiefOff@ci.wheatridge.co.us
with a copy to:
Division Chief Dave Pickett
7500 W. 29th Ave.
Wheat Ridge, CO 80033
Tele: (303) 234-5900
Email: dpickett@ci.wheatridge.co.us
If to Jeffcom:
Jefferson County Communications Center Authority
Attn: Executive Director
433 S. Allison Pkwy
Lakewood, CO 80226
Tele: 303.539.9413
Email: jeff.streeter@jeffcom911.com
Fax: 303.539.9604
(b) The Parties agree that: (i) any notice or communication transmitted
by electronic transmission, as defined below, shall be treated in all manner and
respects as an original written document; (ii) any such notice or communication
shall be considered to have the same binding and legal effect as an original
document; and (iii) at the request of either Party, any such notice or
communication shall be re-delivered or re-executed, as appropriate, by the Party in its original form. The Parties further agree that they shall not raise the transmission of a notice or communication, except for Key Notices, by electronic transmission as a defense in any proceeding or action in which the validity of such notice or communication is at issue and hereby forever waive such defense. For purposes of this Agreement, the term "electronic transmission" means any form of communication not directly involving the physical transmission of paper, that creates a record that may be retained, retrieved and reviewed by a recipient thereof, and that may be directly reproduced in paper form by such a recipient through an automated process, but specifically excluding facsimile transmissions and texts, and for which the sender receives a “read receipt.”
{00605233.DOCX / } 13
14. Non-Appropriation. All direct and indirect financial obligations of any
Party under this Agreement are subject to the annual appropriation of funds by such
Party’s governing body. No provision of this Agreement will be or interpreted: (a) to
directly or indirectly obligate either Party to make any payment in any fiscal year in
excess of amounts appropriated by either Party for such fiscal year; or (b) as creating a
debt or multiple fiscal year direct debt or other financial obligation whatsoever of either
Party within the meaning of Article X, Section 20 of the Colorado Constitution or any
other constitutional or statutory limitation or provision.
15. Miscellaneous.
(a) Proper Execution. Each Party represents that all procedures necessary to authorize such Party’s execution of this Agreement have been performed and that the person signing for such Party has been authorized to do so.
(b) Electronic Signatures; Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The Parties approve the use of electronic signatures for execution of this Agreement. All documents must be property notarized, if applicable. All use of electronic
signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S.
§§24-71.3-101 to -121.
(c) No Third-Party Beneficiaries. The enforcement of this Agreement
and all rights of action relating to such enforcement, shall be strictly reserved to
Member and Jeffcom. Nothing contained in this Agreement shall give or allow
any claim or right of action whatsoever by any other third person, nor shall
anything contained in this Agreement be construed as a waiver by either
Member or Jeffcom any of the protections or provision of the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101 to -120, as amended. It is the express intention of the Parties that any such person or entity, other than Jeffcom or Member, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only.
(d) No Waiver. This Agreement or any of its provisions may not be waived except in writing. The failure of either Party to enforce any right arising under this Agreement on one or more occasions will not operate as a waiver of that or any other right on that or any other occasion.
(e) Confidentiality. During Jeffcom’s performance of the Services described herein, each Party may have access to confidential and proprietary information owned or controlled by the other Party. All such information shall
be maintained in strict confidence, shall not be used except as necessary for the
{00605233.DOCX / } 14
performance of the Agreement, and shall not be disclosed to any third party
without prior written approval of the other Party unless required by law.
(f) Liability. Each Party will be responsible for its own negligent or
intentional acts or omissions and for those of its employees, officers, agents, and
volunteers. The Parties agree that in the event any claim or suit is brought
against either or both Parties by any third party because of the operation of this
Agreement, both Parties will cooperate with each other, and with the insuring
entities of both Parties, in defending such claim or suit. The Parties hereto intend that nothing herein shall be deemed or construed as a waiver by either Party of any rights, immunities, limitations, or protections afforded to them under the Colorado Governmental Immunity Act (§ 24-10-101, C.R.S., et seq.), as now or hereafter amended, or otherwise available at law or equity.
(Signature page follows)
{00605233.DOCX / } 15
JEFFERSON COUNTY
COMMUNICATIONS CENTER
AUTHORITY
By:
Jeff Streeter, Executive Director
Date:
Address: Attn: Executive Director
433 S. Allison Way
Lakewood, CO 80226
MEMBER: CITY OF WHEAT RIDGE
By:
Date:
Address:
{00605233.DOCX / } 16
EXHIBIT A MEMBER-SPECIFIC SERVICES
1. CAD notes regarding Vehicle Locates and Missing Persons
2. Reporting Party notification attempts for stolen vehicles recovered outside of WRPD
3. Transfer of the lobby phone after-hours
4. Phone pinging assistance on critical calls for service
5. Transfer of administrative calls
6. Pass along sever weather notifications and send out notifications when WRPD goes to accident alert
7. Assist with jurisdictional questions by using mapping information provided
8. Monitor intrusion alarms at city facilities
9. Provide key card door access override
10. Monitor duress and kick plate alarms
11. Access city owned cameras during applicable high priority calls
{00605233.DOCX / } 17
EXHIBIT B
SERVICE LEVELS
Call Answering and
Processing 90% of 911 calls answered within 15 seconds
99% of 911 calls answered within 40 seconds
90% of Priority 1 and 2 calls processed within 60 seconds
Average Admin Call Initial
Hold Time
15% of all non-emergency calls for service are put on hold for 60
seconds or less
Average Abandoned Rate Target of no more than 10%
Quality Assurance Scores Target average of 75%
Mobile CAD Issue Resolution N/A
Dispatch Investigative &
Discovery Recording
Requests
Within 3 business days of receipt of a properly authorized request
for recordings, including all required information to identify the
requested recording
Colorado Criminal Justice
Records Act (CCJRA)
Requests under C.R.S. §§ 24-
72-301 to -309
For all properly authorized request for recordings, including all
required information to identify the requested recording:
If denying the request: within seventy-two (72) hours of
receipt/request for written denial statement under C.R.S. § 24-72-
305(6).
{00605233.DOCX / } 18
EXHIBIT C TARGET SERVICE LEVELS
Call Answer and Processing 95% of 911 calls answered within 15 Seconds
99% of 911 calls answered within 40 Seconds 90% of 911 calls processed within 64 Seconds 95% of 911 calls processed within 106 Seconds
Admin Call Initial Hold Time
No more than 10% of all non-emergency calls
are put on hold for 60 seconds or less
Abandoned Rate Target of no more than 3% with a minimum service level of no more than 8%
Quality Assurance Scores Target average of 95% with a minimum of 80%
Admin Calls Customer Service Less than 7% of issue escalation is from repeat callers
Mobile CAD Issue
Resolution
95% Acknowledgment within 15 minutes 95% Resolution within 30 minutes
ITEM NO: DATE: February 26, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 12-2018 - A RESOLUTION CONCERNING
THE PROPOSED REDEVELOPMENT WITHIN THE
APPLEWOOD SHOPPING CENTER FOR THE
DEVELOPMENT OF A HACIENDA COLORADO RESTAURANT, AND AUTHORIZING A COOPERATION AGREEMENT IN CONNECTION THEREWITH PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ City Manager ISSUE: Renewal Wheat Ridge (RWR), the Urban Renewal Authority for the City of Wheat Ridge
negotiated a Redevelopment Agreement with U.S. Retail Partners, LLC (US Retailers), for the redevelopment of a site within the Applewood Shopping Center for the development of a Hacienda Colorado Restaurant. US Retailers has identified a financial gap in the project budget of $1,015,000. RWR will utilize the property and sales tax increment generated by the project to
repay the obligation. Council is asked to approve a Cooperation Agreement (the Agreement) that details the intent of the proceeds and obligations of both parties as it relates to the collection of funds.
PRIOR ACTION:
At their May 8, 2017 study session, Council heard a presentation of the activity proposed by US Retailers and RWR.
Council Action Form – Hacienda Colorado Cooperation Agreement
February 22, 2018
Page 2 FINANCIAL IMPACT: If approved, the City will forego 1½ cents of its local three-cent sales tax to the project until the
termination of the TIF term, which is when the reimbursement amount of $1,015,000 is paid in full. BACKGROUND: Hacienda is a local restaurant who has coined the term “Mountain Mex®” to describe their
offering. Hacienda has proven to be a unique, local and extremely well received restaurant in the Front Range. Hacienda is proposing to construct a new facility in the Applewood Shopping Center.
Through disciplined and strategic growth, they have sustained their strong performance at each
of their five locations in Colorado and have proven to be a valuable asset to the communities where they operate. The Wheat Ridge restaurant is proposed to be 9,500 sq. ft. This includes 7,000 sq. ft. ground floor space with an additional 2,500 sq. ft. on the second level including an open-air mezzanine to capture the unique vista of the Front Range to the west. The facility will
employ about 120 people of which 80 are full time employees (FTE’s).
The new restaurant will be located along Youngfield Street on the site that was the shuttered Wells Fargo Drive-Up Teller. An approximately one-acre parcel exists at Applewood Village that would accommodate the building footprint as well as associated parking and landscaping.
The proposed development will require site work outside of this parcel to effectively reconfigure
the parking lot and driveways to be safe, efficient and useful to the occupants of the shopping center. The current parking analysis of Applewood Village shopping center shows that the center has an overall parking count of over 1,500 parking spaces, yielding a ratio of over 4 / 1,000 sf.
Due to potential redevelopment at the shopping center including demolition of vacant structures,
site circulation improvements, new retail buildings, as well as traffic and drainage improvements, the parking ratio is expected to improve to over 4.5 / 1,000 sf. In addition, the retail tenants do not have exclusive rights to parking spaces. Leases typically
include “cross parking” and “ingress and egress” rights for tenants and their customers/ invitees
throughout the shopping center. As such, we expect as many as 125 parking spaces to be available to Hacienda in the vicinity of the restaurant. The Redevelopment activity will include over $1.6 million of TIF eligible public benefits. Those
primary benefits include demolition of vacant and blighted buildings, sidewalks, and
landscaping; installation of new sidewalks, landscaping, pedestrian lighting; storm water improvements; and reconfiguration of public drive lanes and parking. PROPOSED AGREEMENT The total project cost is estimated at $6,884,759. US Retail Partners, LLC will contribute
$5,357,153, which includes the $1,015,000 TIF, and Hacienda will contribute $1,527,606 of equity towards the project. These costs do not include the cost to underground the power, cable
Council Action Form – Hacienda Colorado Cooperation Agreement
February 22, 2018
Page 3 and phone lines along Youngfield Street, which are estimated at an additional $425,000. The
City’s Xcel 1% Fund currently has a balance of approximately $850,000, which can be allocated
towards this project. A project proforma was generated and reviewed by Economic Planning Systems (EPS), a third party working for RWR. The proforma detailed that a public investment of $1,015,000 was
required by the developer in order for US Retailers to meet their 6.45% return on cost
requirement. The public investment will come in the form of sales and property tax increment generated from this project and a one-time cash contribution by Renewal Wheat Ridge, as follows:
• Property Tax – 100% of annual property tax increment for approximately 12 years; total amount of $294,901. o After 12 years, or when the total public investment has been met; Renewal Wheat Ridge will continue to receive 100% of the property tax increment through the life
of the TIF (2040) in an amount estimated at $799,488.
• Sale Tax – 50% of annual sales tax increment for approximately 12 years; total amount of $619,795.
o During the first 12 years of the TIF, the City will retain 50% of the sales tax
increment in the amount of $619,795. After eight years, or when the total public investment has been met. RWR will rescinding its portion of the City’s sales tax through the life of the TIF (2040) in an amount estimated at $2.9M.
• Cash – One-time cash contribution from Renewal Wheat Ridge in 2018 in the amount of $100,000. o Funds are available in the I-70/Kipling Corridors Urban Renewal budget to fund this contribution.
• The agreement approved by RWR will fund the improvements for a period of 12-years or until 2031. The TIF request detailed in the proforma was confirmed by EPS through its thorough evaluation
and questioning of the developer and meetings with RWR staff, the City Manager and RWR legal counsel. The Agreement contemplated obligates the sales tax portion of the TIF increment. Over the life of the TIF period as allowed by URA law, it’s estimated the restaurant will generate approximately $4,119,848 in sales tax generation. Over the life of the Agreement, the 50% request will generate approximately $660,990 in sales tax revenues.
Council Action Form – Hacienda Colorado Cooperation Agreement
February 22, 2018
Page 4 FINANCIAL IMPLICATIONS: The proposed public investment for the Hacienda Colorado is similar to other public investment
projects in Wheat Ridge and is expected to return $4.26 per every $1.00 of investment.
Project Terms Public Investment Estimated TIF Revenues ROI/$1 Dollar
Hacienda Colorado 100% Property Tax/50% Sales Tax/12 years
$1.01M $4.3M $4.26
Kipling Ridge 100% Property and
Sales Tax/10
Years
$3.455M $13.8M $3.99
Corners at Wheat Ridge 100%
Property Tax/33% Sales Tax/1% PIF/12-15 Years
$6.25M $25.0M $4.00
THE COOPERATION AGREEMENT: A Cooperation Agreement is required between RWR and the City of Wheat Ridge. The
Cooperation Agreement details the intent of the proceeds and obligations of both parties as it relates to the collection of funds from the sales tax TIF referenced in the documents. In essence, the Cooperation Agreement provides the mechanism that allows the obligated activities incremental sales tax to flow to the City and then be distributed into a special account of RWR to fund the activity. The Cooperation Agreement requires the City to continue to share 1½ cents of
its 3 cents sales tax with RWR until the reimbursement amount, $1,015,000, is paid to the developer. On February 6, 2018 RWR adopted Resolution 05-2018 approving the execution of the Agreement with a recommendation to forward the Agreement to Council.
RECOMMENDATIONS:
Staff recommends approval of the resolution because the project will provide the following benefits to the community.
• The activity appears to be consistent with many of the values, goals, and strategies stated
in the Comprehensive Plan.
• The activity builds on previous planning efforts and is consistent with the vision outlined in several of the City’s adopted plans.
• The activity will create new up to 80 new FTE positions and over 30 part time jobs.
• The activity will increase sales tax production for the City and upgrade the tenant mix in the shopping center.
• The activity meets the stated purposes of the I-70/Kipling Corridors Urban Renewal Plan
Council Action Form – Hacienda Colorado Cooperation Agreement
February 22, 2018
Page 5 by remediating blighting conditions and to stimulate growth and investment into the area
boundaries.
• Support City goals related to land use, economy, community design, and sustainability.
• The project directly fulfills the plan’s action items that call for the City to entertain public
private partnerships to achieve land assemblage and redevelopment.
RECOMMENDED MOTION: “I move to approve Resolution No. 12-2018 – A resolution concerning the proposed redevelopment within the Applewood Shopping Center for the development of a Hacienda
Colorado Restaurant and authorizing a Cooperation Agreement in conjunction within.”
Or, “I move to postpone indefinitely Resolution No. 12-2018 for the following reason(s)
_____________________________________________________________________.”
REPORT PREPARED/REVIEWED BY: Steve Art, Urban Renewal Executive Director Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 12-2018 a. Exhibit 1 – Cooperation Agreement 2. Hacienda P3 Evaluation - EPS
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 12
Series of 2018
TITLE: RESOLUTION NO. 12-2018 - A RESOLUTION CONCERNING THE PROPOSED REDEVELOPMENT WITHIN THE APPLEWOOD SHOPPING CENTER FOR THE DEVELOPMENT
OF A HACIENDA COLORADO RESTAURANT, AND AUTHORIZING A COOPERATION AGREEMENT IN CONNECTION THEREWITH
WHEREAS, the City is a home rule municipality and political subdivision of the State of Colorado organized and existing under a home rule charter pursuant to
Article XX of the Constitution of the State of Colorado; and
WHEREAS, the City Council of the City (the “City Council”) established the Wheat Ridge Urban Renewal Authority d/b/a/ Renewal Wheat Ridge (the “Authority”) on October 18, 1981, as an urban renewal authority pursuant to Colorado Revised Statutes, Part 1 of Title 31, Article 25, as amended; and
WHEREAS, the City Council has adopted the I70/Kipling Corridors Urban
Renewal Plan, as amended (the “Urban Renewal Plan” or the “Plan”) for the area described therein (the “Urban Renewal Area”); and
WHEREAS, U.S. Retailers Partners, LLC (the “Developer”) has leased land to Hacienda Colorado which is located in the Applewood Shopping Center (the
“Property”), which is in the Urban Renewal Area; and
WHEREAS, the Developer has submitted a proposal to the City and the Authority to redevelop the Property (the “Project”); and
WHEREAS, the City has determined and hereby determines that it is in the best interests of the City and its citizens to assist in the redevelopment of the
Project; and
WHEREAS, the Authority has determined that the redevelopment of the Project in order to remediate blight is consistent with and in furtherance of the purposes of the Authority and the Plan; and
WHEREAS, the Urban Renewal Plan contemplates that a primary method
of financing projects within the Urban Renewal Area will be through the use of property
tax increment revenues and City sales tax increment revenues; and
WHEREAS, the Plan adopted the utilization of property and sales tax increment for the Property and authorizes the Authority to pledge such property tax increment revenues and City sales tax increment revenues to finance public
infrastructure that benefits the Urban Renewal Area pursuant to one or more Cooperation
Agreements (as defined therein); and
2
WHEREAS, the Authority and the Developer desire to enter into a Redevelopment Agreement (the “Redevelopment Agreement”) that sets forth the rights
and responsibilities of each party with respect to the financing and construction of the
Project; and
WHEREAS, in order to finance certain eligible improvements for the Project, the Redevelopment Agreement provides that, upon compliance with certain conditions precedent, the Authority will reimburse the Developer for eligible costs
incurred in connection with such eligible improvements in the maximum amount of
$1,015,000 (the “Reimbursement Amount ”) with the Reimbursement Amount to be payable solely from property tax increment revenues and sales tax increment revenues to be generated from the redevelopment of the Project; and
WHEREAS, in connection with the execution and delivery of the
Redevelopment Agreement and the repayment of the Reimbursement Amount in
accordance therewith, the City and the Authority believe it is in the best interests of the City and the Authority to enter into a Cooperation Agreement (the “Cooperation Agreement”) related to the Project; and
WHEREAS, there has been filed with the City Clerk of the City (the “City
Clerk”) the proposed form of the Cooperation Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that:
Section 1. Finding of Best Interests and Public Purpose. The City Council hereby finds and determines, pursuant to the Constitution, the laws of the State
and the City’s home rule charter (the “Charter”), and in accordance with the foregoing
recitals, that adopting this Resolution, redeveloping the Project and entering into the Cooperation Agreement are in the best interests of the inhabitants of the City.
Section 2. Approval of Cooperation Agreement. The Cooperation Agreement, as shown in Exhibit 1 in substantially the form on file with the City Clerk, is
in all respects approved, authorized and confirmed. The Mayor is hereby authorized
and directed to execute and deliver the Cooperation Agreement, for and on behalf of the City, in substantially the form and with substantially the same contents as is on file with the City Clerk, provided that such document may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes of this
Resolution. The execution of the Cooperation Agreement by the Mayor shall be
conclusive evidence of the approval by the City Council of such document in accordance with its terms.
Section 3. Direction to Act. The City Clerk is hereby authorized and directed to attest all signatures and acts of any official of the City in connection with the
matters authorized by this Resolution and to place the seal of the City on any document
authorized and approved by this Resolution. The Mayor, the City Manager, the City Clerk, the City Attorney, and all other appropriate officials or employees of the City are
3
hereby authorized and directed to execute and deliver for and on behalf of the City any and all additional certificates, documents, instruments and other papers, and to perform
all other acts that they deem necessary or appropriate, in order to facilitate the
redevelopment of the Project and implement and carry out the transactions and other matters authorized by this Resolution.
Section 4. Ratification. All actions (not inconsistent with the provisions of this Resolution) heretofore taken by the City Council or the officers, employees or
agents of the City directed toward the redevelopment of the Project and the execution
and delivery of the Cooperation Agreement are hereby ratified, approved and confirmed.
Section 5. Severability. If any section, subsection, paragraph, clause or provision of this Resolution or the documents hereby authorized and approved shall for
any reason be held to be invalid or unenforceable, the invalidity or unenforceability of
such section, subsection, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution or such documents, the intent being that the same are severable.
Section 6. Repealer. All prior resolutions, or parts thereof, inconsistent
herewith are hereby repealed to the extent of such inconsistency.
Section 8. Effectiveness. This Resolution shall take effect immediately.
DONE AND RESOLVED this 26th day of February, 2018.
Bud Starker, Mayor
Attest:
Janelle Shaver, City Clerk
4
EXHIBIT 1
COOPERATION AGREEMENT
BETWEEN THE CITY OF WHEAT RIDGE AND WHEAT RIDGE URBAN RENEWAL AUTHORITY THIS COOPERATION AGREEMENT (this “Agreement”) dated as of February 26,
2018, is made and entered into between the CITY OF WHEAT RIDGE, COLORADO (the
“City”) and the WHEAT RIDGE URBAN RENEWAL AUTHORITY d/b/a/ RENEWAL WHEAT RIDGE (the “Authority”). WHEREAS, the City is a Colorado home rule municipality with all the powers and
authority granted pursuant to Article XX of the Colorado Constitution and its home rule charter
(the “Charter”); and WHEREAS, the Authority is a Colorado Urban Renewal Authority, with all the powers and authority granted to it pursuant to Title 31, Article 25, Part 1, Colorado Revised Statutes
(“C.R.S.”) (the “Urban Renewal Law”); and WHEREAS, pursuant to Article XIV of the Colorado Constitution, and Title 29, Article 1, Part 2, C.R.S., the City and the Authority are authorized to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each governmental
entity; and WHEREAS, the City Council of the City (the “City Council”) has previously adopted the I-70/Kipling Corridors Urban Renewal Plan, as amended (the “Urban Renewal Plan” or the “Plan”) for the area described therein (the “Urban Renewal Area”); and
WHEREAS, U.S. Retail Partners, LLC a Delaware limited liability company (the “Developer”) has the desire to construct a 9,500 sq. ft. Hacienda Colorado restaurant on a pad in the Applewood Shopping Center consisting of approximately .6 acres which is located north of the northeast corner of 32nd Avenue and Youngfield Street (the “Property”), which is in the
Urban Renewal Area; and
WHEREAS, the Developer has submitted a proposal to the City and the Authority to redevelop the Property (the “Project”); and WHEREAS, the Project is being undertaken to facilitate the elimination and prevention
of blighted areas and to promote redevelopment, conservation and rehabilitation of the Urban Renewal Area; and WHEREAS, pursuant to section 31-25-112, C.R.S., the City is specifically authorized to do all things necessary to aid and cooperate with the Authority in connection with the planning
or undertaking of any urban renewal plans, projects, programs, works, operations, or activities of the Authority, to enter into agreements with the Authority respecting such actions to be taken by
5
the City, and appropriating funds and making such expenditures of its funds to aid and cooperate
with the Authority in undertaking the Project and carrying out the Plan; and
WHEREAS, the Authority and the Developer expect to enter into a Redevelopment Agreement (the “Redevelopment Agreement”) that sets forth the rights and responsibilities of each party with respect to the financing and construction of the Project; and
WHEREAS, in order to finance certain eligible improvements for the Project, the
Redevelopment Agreement provides that, upon compliance with certain conditions precedent, the Authority will provide a one-time cash payment of $100,000 from reserves in the special account of the I70/Kipling Corridors Urban Renewal Plan and reimbursement of $1,015,000 (the “Payment”) with such Payment to be payable from the Pledged Property Tax Increment Revenue
and Pledged Sales Tax Increment Revenues as the same are defined in the Redevelopment
Agreement to be generated from the redevelopment of the Project; and
WHEREAS, in order to implement the provisions regarding the use of Pledged Sales Tax Increment Revenues generated from the Project, this Cooperation Agreement is necessary to cause the City to deposit such Pledged Sales Tax Increment Revenues into the Special Fund of
the Authority to reimburse the Developer for Eligible Costs of the Project as defined in the
Redevelopment Agreement; and
WHEREAS, capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Redevelopment Agreement.
NOW, THEREFORE, in consideration of the mutual promises set forth below, the
City and the Authority agree as follows:
l. COOPERATION. (a) The City shall continue to make available such employees of the City as may be necessary and appropriate to assist the Authority in carrying out any authorized duty or activity of the Authority pursuant to the Urban Renewal Law, the Plan, or any other lawfully authorized duty or activity of the Authority.
(b) The City agrees to assist the Authority by pursuing all lawful procedures and remedies available to it to collect and transfer to the Authority on a timely
basis all Pledged Sales Tax Increment Revenues for deposit into the Project Account of the
Special Fund until the total amount of Pledged Revenues as defined in the Redevelopment
Agreement paid to Developer equals the Reimbursement Amount, or August 31, 2029,
whichever first occurs. .
(c) To the extent lawfully possible, the City will take no action that
would have the effect of reducing tax collections that constitute Pledged Sales Tax
Increment Revenues.
6
4. GENERAL PROVISIONS.
(a) Separate Entities. Nothing in this Agreement shall be interpreted in any manner as constituting the City or its officials, representatives, consultants, or employees as the agents of the Authority, nor as constituting the Authority or its officials, representatives, consultants, or employees as agents of the City. Each entity shall remain a separate legal entity
pursuant to applicable law. Neither party shall be deemed hereby to have assumed the debts,
obligations, or liabilities of the other. (b) Third Parties. Neither the City nor the Authority shall be obligated or liable under the terms of this Agreement to any person or entity not a party hereto, provided,
however, that the Lender is a third party beneficiary to the provisions hereof related to the
collection and remittance to the Authority of the Pledged Revenues. (c) Modifications. No modification or change of any provision in this Agreement shall be made, or construed to have been made, unless such modification is mutually
agreed to in writing by both parties and incorporated as a written amendment to this Agreement.
Memoranda of understanding and correspondence shall not be construed as amendments to the Agreement. (d) Entire Agreement. This Agreement shall represent the entire agreement
between the parties with respect to the subject matter hereof and shall supersede all prior
negotiations, representations, or agreements, either written or oral, between the parties relating to the subject matter of this Agreement and shall be independent of and have no effect upon any other contracts.
(e) Severability. If any provision of this Agreement is held to be invalid,
illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. (f) Assignment. Except for the pledge under the Loan Documents, this
Agreement shall not be assigned, in whole or in part, by either party without the written consent
of the other. (g) Waiver. No waiver of a breach of any provision of this Agreement by either party shall constitute a waiver of any other breach or of such provision. Failure of either
party to enforce at any time, or from time to time, any provision of this Agreement shall not be
construed as a waiver thereof. The remedies reserved in this Agreement shall be cumulative and additional to any other remedies in law or in equity.
7
IN WITNESS WHEREOF, this Agreement is executed by the Parties as of March 12,
2018
CITY OF WHEAT RIDGE, COLORADO
By: Bud Starker, Mayor (SEAL)
Attest: _______________________
Janelle Shaver, City Clerk
APPROVED AS TO FORM
_______________________ Gerald Dahl, City Attorney
WHEAT RIDGE URBAN RENEWAL AUTHORITY
_____________________________________
ATTEST: Tim Rogers, Chairperson
_____________________________
Steve Art, Executive Director
20657920 v2
Request for TIF Review
Hacienda
Prepared for:
The City of Wheat Ridge
Prepared by:
Economic & Planning Systems, Inc.
Date:
February 12, 2018
EPS #163105
Hacienda P3 Feasibility Study
Economic & Planning Systems
2/12/2018
Table 1Construction Costs
Description Regency Hacienda City Total
CONSTRUCTION COSTLand (534,867)$ -$ -$ (534,867)$ Acquire Vacant Bank
Due Diligence and Legal (75,900)$ -$ -$ (75,900)$
Architectural, Structural, MEP -$ (121,543)$ -$ (121,543)$ Engineering and Landscape Design (53,457)$ -$ -$ (53,457)$ Survey, GeotechSitework and Offsite Work (1,382,500)$ -$ -$ (1,382,500)$ see detailed breakdown
Shell Building (1,874,000)$ -$ -$ (1,874,000)$ based upon November 2015 contractor estimates
Tenant Finish/ Tenant Allowance (788,000)$ (212,000)$ -$ (1,000,000)$ based upon most recent store openingFurnishings, Fixtures and Equipment -$ (750,000)$ -$ (750,000)$ based upon most recent store openingPermits, Fees, Taxes and Misc.(133,957)$ -$ -$ (133,957)$ City Permits, Use Taxes
Store Opening Costs -$ (200,000)$ -$ (200,000)$ based upon most recent store opening
Project Management (109,034)$ (114,177)$ -$ (223,211)$ 5.0%Leasing Commissions (208,050)$ -$ -$ (208,050)$ Interest Carry (197,388)$ (129,886)$ -$ (327,274)$ 5.0%
Underground Utilities -$ -$ (425,000)$ (425,000)$ assumed to by a City cost
Subtotal (5,357,153)$ (1,527,606)$ (425,000)$ (7,309,759)$
Source: Regency Centers; Economic & Planning Systems
\\EPSDC02\Proj\2016 Projects\163105-Wheat Ridge Hacienda P3 Review\Models\[163105-Hacienda Proforma-2-12-2018.xlsm]Construction Costs
2 of 5
Hacienda P3 Feasibility Study
Economic & Planning Systems2/12/2018
Table 2
Regency Investment Proforma
Description Factor
Final
Request
Building Area 9,500
OPERATING INCOMEBase Rent (NNN)Rental Rate NNN 30.00$ Total Rent 285,000$
Reimbursement IncomeCommon Area Expenses $5.69/sq. ft.54,055$ Real Estate Taxes $4.17/sq. ft.39,615$
Insurance $0.48/sq. ft.4,560$ Subtotal 98,230$
Gross Potential Income 383,230$
Vacancy Rate 0.0%Less: Vacancy -$
Operating Expenses
Common Area Expenses $5.69/sq. ft.(54,055)$ Real Estate Taxes $4.17/sq. ft.(39,615)$ Insurance $0.48/sq. ft.(4,560)$
15% Administrative Fee 15.0%(4,912)$
Subtotal (103,142)$
Net Operating Income 280,089$
CONSTRUCTION COST (Regency)Land (534,867)$ Due Diligence and Legal (75,900)$
Architectural, Structural, MEP -$ Engineering and Landscape Design (53,457)$ Sitework and Offsite Work $146/sq. ft.(1,382,500)$ Shell Building $197/sq. ft.(1,874,000)$
Tenant Finish/ Tenant Allowance (788,000)$
Furnishings, Fixtures and Equipment -$ Permits, Fees, Taxes and Misc.(133,957)$ Store Opening Costs -$
Project Management (109,034)$
Leasing Commissions (208,050)$ Interest Carry (197,388)$ Underground Utilities -$
Subtotal (5,357,153)$
Regency Project Return (w/out public subsidy)
Total Regency Cost -$5,357,153Stabilized NOI $280,089Return on Cost 5.23%
Required Hurdle Rate 6.45%
Regency Project Return (w/ public subsidy)Total Cost -$5,357,153
City Subsidy $1,014,696Net Project Cost -$4,342,457Stabilized NOI $280,089Return on Cost 6.45%
City ContributionUnderground Utilities $425,000
Project Subsidy $1,014,696Subtotal$1,439,696
Source: Regency Centers; Economic & Planning Systems
\\EPSDC02\Proj\2016 Projects\163105-Wheat Ridge Hacienda P3 Review\Models\[163105-Hacienda Proforma-2-12-2018.xlsm]Proforma
3 of 5
Hacienda P3 Feasibility Study Economic & Planning Systems 2/12/2018
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ITEM NO: DATE: February 26, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD THE 2018 CRACK SEAL PROJECT
AND SUBSEQUENT PAYMENTS TO PRECISE STRIPING,
LLC, FREDERICK, COLORADO, IN THE AMOUNT OF $126,990.00, WITH A CONTINGENCY AMOUNT OF $6,350.00, AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ISSUE CHANGE ORDERS UP TO A TOTAL CONTRACT AND CONTINGENCY AMOUNT OF $133,340.00
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
Public Works Director City Manager ISSUE: Each year, the City conducts crack sealing on selected streets as part of the on-going preventive
maintenance program. The 2018 Crack Seal Project will provide street maintenance throughout
the City by priority. The crack filling treatment reduces water infiltration under the pavement and extends the pavement life of identified streets as part of the on-going maintenance program. This project is the first of the two preventive maintenance projects that the City will implement this year, the other being the asphalt overlay project.
The original contract was awarded to Precise Striping, LLC in 2016 with stipulated term renewal options as they were the lowest responsible and responsive bidder. Staff has successfully negotiated the 2018 contract renewal through a previously approved process. Staff recommends proceeding with the contract renewal in the amount of $126,990 to complete the 2018 crack seal
project.
Council Action Form-Crack Seal Project
February 26, 2018
Page 2
PRIOR ACTION: Original contract ITB-16-06 was approved by the City Council on February 22, 2016 with stipulated term renewal options and conditions. FINANCIAL IMPACT:
Funding for the 2018 Crack Seal Project has been approved in the Preventive Maintenance Projects line item of the 2018 Capital Investment Program (CIP) budget. Completion of this project will extend the useful life of the streets treated. Costs associated with
the base bid will be paid from CIP Budget Account Number 30-303-800-884.
BACKGROUND: Formal bids for the 2016 Crack Seal Project, #S-PM-02-16, were opened on February 9, 2016. Five bids were received. Three bids were found to be within the Engineering estimate and
advertised budget range and two were above. The apparent lowest responsible bid was received
from Precise Striping, LLC, Frederick, Colorado and this firm was subsequently awarded a contract through the established procurement process. In the bid document, the City incorporated a renewal option. Specifically, the contract was set
up in 2016 to award the crack seal project with the option to renew for two (2) additional one-
year periods, subject to the Contractor providing satisfactory performance during the previous contract period. During this option period, beginning November 1 of each year, the City is to give written notification to the Contractor of Notice of Intent to Renew, if the City intends to exercise its option to renew. The Contractor is then obligated to submit a written response to the
Notice of Intent to Renew within 30 days of receiving the notice. The City may consider an
adjustment to the pricing structure if the Contractor can demonstrate, through documentation issued by material suppliers that it was subject to a price adjustment (reduction or increase). The City at its discretion can elect to accept or reject the requested price adjustment, or may negotiate a price adjustment with the Contractor, in the best interest of the City. Pricing and specification
changes, if any, shall be negotiated and agreed upon by both parties. The City reserves the right
to terminate the contract with the Contractor based on performance, lack of funding, or such price adjustments. The first contract renewal was executed in 2017 and the work was completed the same year.
The Contractor submitted a proposal as required in the amount of $126,990.00. Staff evaluated
the cost proposal and determined that it is reasonable with consideration of allowable increased construction cost. Based on cost and market findings, staff recommends approval of a second renewal.
In addition, staff has verified that the work can be accommodated within the available budget,
and recommends the price provided by Precise Striping be approved for construction.
Council Action Form-Crack Seal Project
February 26, 2018
Page 3 A 5% contingency amount of $6,350 is also requested to cover the cost of any other
unanticipated cost or items related to the project.
RECOMMENDATIONS: Based upon the contractor's demonstrated capabilities and experience on previous City projects, staff recommends a contract renewal to Precise Striping, LLC.
RECOMMENDED MOTION: “I move to award the 2018 Crack Seal Project and approve subsequent payments to Precise Striping, LLC, Frederick, Colorado, in the amount of $126,990.00, with a contingency amount of $6,350.00 and that the Director of Public Works be authorized to issue change orders up to a
total contract and contingency amount of $133,340.00.”
Or, “I move to deny the award of 2018 Crack Seal Project and subsequent payments to Precise
Striping, LLC, Frederick, Colorado, for the following reason(s)
____________________________________.” REPORT PREPARED/REVIEWED BY: Steve Nguyen, Engineering Manager
Jennifer Nellis, Purchasing Agent
Scott Brink, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Proposed Contract Renewal Intent Letter
Purchasing and Contracting • 7500 W. 29th Avenue • Wheat Ridge, CO • 80033-8001 • P: 303.235.2811 • F: 303.234.5924
February __, 2018
Troy A. Beer, President
Precise Striping, LLC
5978 Esther Circle
Frederick, CO 80504
Subject: ITB-16-06 2016 CRACK SEAL PROJECT with OPTION TO RENEW TERMS
LETTER OF INTENT TO RENEW for 2018
Dear Mr. Beer,
On behalf of the City of Wheat Ridge I wish to express our appreciation for our business relationship
with your firm. We are nearing the end of the first renewal option term for the above-referenced
ITB and would like to initiate the second renewal option. This letter is being sent in accordance with
the processes established for renewing the agreement with Precise Striping to perform crack seal
applications to various streets in 2018 at the unit prices quoted in your response to the bid request
earlier in 2016, as follows:
Item No. Pay Item UNIT Unit Price 2018 Est. Extended Est.
408 Crack Seal LB $ 1.084 110,000 $ 119,240.00
626 Mobilization LS $ 2,500.00 1 $ 2,500.00
630A Arrow Board DAY $ 50.00 5 $ 250.00
630B Traffic Control Management LS $ 5,000.00 1 $ 5,000.00
Public Works $ 126,990.00
2018 renewal total $ 126,990.00
The estimated quantity of materials and service needed for 2018 have been developed by the Public
Works Department, Engineering Division as shown above. A map is attached. The City has
determined that 45 working days is considered appropriate for the work following your receipt of
their notice to proceed. Work shall be completed prior to ____________, 2018.
Thank you for your interest in doing business with the City of Wheat Ridge this past year, and we
look forward to working with you again in 2018. Please respond to this correspondence,
acknowledging acceptance of the estimated quantities and extended prices. Following receipt of
your written response, certificate of insurance, and payment and performance bonds for the 2018
work the City intends to issue a purchase order in 2018 for the amount of $126,900, or an amount
not to exceed that budgeted for the 2018 crack seal project. Each year you may also need to obtain
a no-cost permit through the City of Wheat Ridge prior to starting the project. Contact the Building
Permit Technician at 303-235-2855.
All additional terms of the original ITB document and agreement apply.
Should you have any questions please call the Purchasing and Contracting office at 303-235-2811.
Respectfully,
Jennifer Nellis, CPPB
Purchasing Agent
Enclosures
Cc: file
ACKNOWLEDGMENT OF ACCEPTANCE:
I hereby accept, on behalf of Precise Striping, the estimated renewal quantities, unit prices, terms
and conditions as stated above for work to be completed by ____________, 2018.
______________________________________ ______________________________
Authorized Signature Date
______________________________________ ______________________________
Printed Name Title
ITEM NO: DATE: February 26, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 13-2018 - A RESOLUTION DESIGNATING THE CITY HALL LOBBY AS THE
OFFICIAL PUBLIC NOTICE POSTING LOCATION AND THE WHEAT RIDGE TRANSCRIPT AS THE OFFICIAL NEWSPAPER OF GENERAL CIRCULATION FOR CITY PUBLICATIONS IN 2018 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Clerk City Manager
ISSUE: State statute requires that each municipality annually establish the location for posting public notices, as well as the newspaper in which the notices will be published.
PRIOR ACTION:
In previous years, the Wheat Ridge Transcript has been utilized as the City's official newspaper for publications; official posting location has been the City Hall Lobby. FINANCIAL IMPACT: None
BACKGROUND: None
RECOMMENDATIONS:
It is recommended the City continue to use the same newspaper and posting location as in previous years. RECOMMENDED MOTION:
CAF – Official Public Notice Location and Newspaper
February 26, 2018
Page 2 "I move to approve Resolution No. 13-2018, a resolution designating the City Hall Lobby as the
official public notice location and the Wheat Ridge Transcript as the official newspaper of
general circulation for City publications in 2018.” Or,
"I move to postpone indefinitely Resolution No. 13-2018, a resolution designating the City Hall
Lobby as the official public notice location and the Wheat Ridge Transcript as the official newspaper of general circulation for City publications in 2018 for the following reason(s) _______________________."
REPORT PREPARED/REVIEWED BY; Robin L. Eaton, Deputy City Clerk Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 13-2018
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 13 Series of 2018 TITLE: A RESOLUTION DESIGNATING THE CITY HALL LOBBY AS THE
OFFICIAL PUBLIC NOTICE POSTING LOCATION AND THE WHEAT RIDGE TRANSCRIPT AS THE OFFICIAL NEWSPAPER OF GENERAL CIRCULATION FOR CITY PUBLICATIONS IN 2018 WHEREAS, the Colorado Revised Statutes require municipalities to
designate official public notice and publication locations for legal notices; and
WHEREAS, such locations must be approved by the governing body of the municipality annually; and
WHEREAS, the City is required by Charter, Ordinance and State Law to
publish certain notices. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. Public notice of public meetings of the City Council, Planning Commission, Board of Adjustment, and all other Board, Commission, Committee, and advisory board meetings for which public notice is required, shall be posted on the first floor at the Municipal Building, 7500 West 29th Avenue, Wheat Ridge,
Colorado, which location shall be deemed the official posting location for the City.
Section 2. Except as otherwise permitted by Sections 5.2 and 5.12 of the Charter, notices and other information required to be published in a newspaper of general circulation within the City, shall be made in the Wheat Ridge Transcript;
except that, where circumstance makes publication ineffective or otherwise
undesirable, the City may publish official notice on the City’s website. Section 3. This resolution shall be effective upon adoption.
DONE AND RESOLVED this 26th day of February 2018.
Bud Starker, Mayor ATTEST:
Janelle Shaver, City Clerk ATTACHMENT 1