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HomeMy WebLinkAbout06/12/2006 F c./f/ U1",,)C) A) 6:30 p.m. Pre-Meeting :\~=n~:\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 12. 2006 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROV AL OF MINUTES OF Mav 22. 2006 PROCLAMATIONS AND CEREMONIES Citizen Police Academy Recognition Rotary Club Appreciation - CITIZENS' RIGHT TO SPEAK 1 Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster, 2 Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard APPROVAL OF AGENDA EXECUTIVE SESSION Motion to go into Executive Session for a conference with the City Attorney and appropriate staff under Charter Section 5 7(b)(1 )(0) and (b)(3) and Section 24-6- 402(4)(b), C R S , specifically for the purpose of receiving legal advice on specific legal questions and to consider real estate appraisals concerning the potential acquisition of properties with the use of the City's allocable share of Jefferson County Open Space funds (Van Gordon property and Northwest Lakewood Sanitation 'property) ........ Further move to return to the open meeting at the close of the executive session for the purpose of taking any formal action deemed necessary Report from City Attorney on litigation filed challenging Councils' approval of rezoning for property at 7495 West 29th Avenue CITY COUNCIL AGENDA JUNE 12, 2006 Page -2- Item 1. CONSENT AGENDA: A RESOLUTION 25-2006 - AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $2,000 FOR ACCEPTANCE OF THE COLORADO REGIONAL POLICING INSTITUTE GRANT B RESOLUTION 26-2006 - AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $17,164 FOR ACCEPTANCE OF AN EDWARD BYRNE MEMORIAL BUREAU OF JUSTICE ASSISTANCE GRANT C RESOLUTION 27-2006 - APPROVING A TOWER LEASE WITH OPTIONS, ALLOWING T-MOBILE WEST CORPORATION TO UTILIZE THE MUNICIPAL RADIO TOWER. o RESOLUTION 28-2006 - AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $6,000 FOR THE ACCEPTANCE OF A GRANT FOR THE DESIGN OF WILDLIFE VIEWING PLATFORMS E RESOLUTION 29-2006 - AMENDING THE FISCAL YEAR 2006 CONSERVATION TRUST FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $36,329 FOR THE ACCEPTANCE OF THE STEVENS ELEMENTARY PLAYGROUND GRANT - F Approve Award of RFB-06-36 Herbicide Services in the amount of $20,324 for 2006 and $30,486 per year for 2007 and 2008 for a total of $81,296 G Approve Award of RFB-06-29 Solid Plastic Lockers and installation in the amount of $68,900 for replacement of lockers at the Wheat Ridge Recreation Center H Ratification of the purchase of a Police Department uninterruptible power supply system in the amount of $105,250 35 Approve Award of SOQ-06-21 Geographic Information System (GIS) Phase III in the total amount of $170,420 .. CITY COUNCIL AGENDA JUNE 12 2006 , Page -3- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Item 3. Item 4. COUNCIL BILL NO 10-2006 - AN ORDINANCE ADOPTING AMENDMENTS TO THE INTERNATIONAL BUILDING CODE, AS PREVIOUSLY ADOPTED BY REFERENCE, THE INTERNATIONAL RESIDENTIAL CODE, AS PREVIOUSLY ADOPTED BY REFERENCE AND SECTION 26-107 (A)(3) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE EXPIRATION OF BUILDING PERMITS COUNCIL BILL NO 11-2006 - AN ORDINANCE AMENDING THE WHEA'f RIDGE CODE OF LAWS CONCERNING CONTRACTORS' L1CEN~ES AND INSURANCE. COUNCIL BILL NO 12-2006 - AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS, ENTITLED LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS, SPECIFICALLY CODE SECTION 11-170 CONCERNING THE REGULATION OF PAWNBROKERS ORDINANCES ON FIRST READING COUNCIL BILL NO 13-2006 -AN ORDINANCE ADOPTING A NEW ARTICLE X OF CHAPTER 11, CONCERNING THE LICENSING OF MASSAGE THERAPISTS AND MASSAGE THERAPY CENTERS, AND REPEALING ARTICLES X AND XI OF CHAPTER 16, CONCERNING MAS~"1GE PARLORS AND MASSAGE !HERAPY PRACTICE -.. - DECISIONS. RESOLUTIONS AND MOTIONS Item 5. ...... Motion from executive session (if necessary) CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT mfJW~~ CITY OF WHEAT RIDGE, COLORADO May 22. 2006 Mayor DiTullio called the Regular City Council Meeting to order at 7 00 p m Councilmembers present: Karen Adams, Karen Berry, Lena Rotola, Wanda Sang, Larry Schulz, Mike Stites, and Terry Womble Also present: Deputy City Clerk, Christa Jones, City Manager, Randy Young, Deputy City Manager, Patrick Goff; City Attorney, Gerald Dahl, Director of Community Development, Alan White, Director of Public Works, Tim Paranto, Chief of Police, Dan Brennan, staff; and interested citizens APPROVAL OF MINUTES OF May 8. 2006 Motion by Mrs Sang for approval of the Minutes of May 8, 2006, seconded by Mr Womble, carried 7-0 CITIZENS' RIGHT TO SPEAK - There was no one present to speak. Item 1. CONSENT AGENDA: A RESOLUTION 22-2006 - APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT AND THE CITY OF WHEAT RIDGE FOR COOPERATIVE MOSQUITO MANAGEMENT PROGRAM IN THE AMOUNT OF $6,602 50 B Authorization for XCEL Energy to install pedestrian lighting for the Kipling Street Pedestrian Improvements Project in an amount not to exceed $84,297 02 C Award ITB-06-27 Kipling Street Pedestrian Project with a not to exceed expenditure of $98,941 70 o Award ITB-06-34 Estes-Carr Major Street Improvement Project, Phase III, with an amount not to exceed $775,16330. E RESOLUTION NO 23-2006 - A RESOLUTION AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT ACCEPTANCE OF THE LMC FOUNDATION GRANT FOR THE "PROJECT LIFESAVER" PROGRAM IN THE AMOUNT OF $8,500 00 CITY COUNCIL MINUTES May 22, 2006 Page -2- F RESOLUTION NO 24-2006 - A RESOLUTION AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $5,000 00 FOR THE PURPOSE OF ABATEMENTS OF BUILDING CODE VIOLATIONS Consent Agenda was introduced and read by Mr Stites. Mr Gokey arrived at 7 05 P m Motion by Mr Stites for approval of the Consent Agenda, seconded by Mrs Rotola, carried 7-1 with Mr Gokey voting no PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Public Hearing on proposed Street Width Designation for 33rd Avenue, Fenton Street - Depew Street. Mayor DiTullio opened the public hearing Item 2 was introduced by Mr Womble, Deputy City Clerk read the executive summary Tim Paranto, Public Works Director, presented the staff report. - Roger Palm, 3370 Depew Street, stated that the money be better spent on 35thAvenue, only widen the street if the neighbors want it. Mayor closed the public hearing Motion by Mr Womble that a street width of 27 feet be established for 33rd Avenue from Fenton Street to Depew Street; seconded by Ms. Berry; carried 8-0 Item 3. Public Hearing on RESOLUTION 21-2006 - ADOPTING AMENDMENTS TO THE CITY OF WHEAT RIDGE COMPREHENSIVE PLAN (Case No WPA-06-01) Mayor DiTullio opened the public hearing Resolution 21-2006 was introduced by Mrs Rotola Mrs Rotola read the executive summary Alan White, Community Development Director, presented the staff report. Public Notice of this hearing has been provided as required by State Statute, but they went beyond that and kept core groups of citizens apprised of neighborhood meetings and sent them electronic versions of the addendum presented tonight. CITY COUNCIL MINUTES May 22, 2006 Page -3- Dave Kuehn, 4198 Xenon Street, District Manager for Prospect Recreation and Park District, is supportive of the amendment except for the trail along the east side of the Applewood Golf Course It is not in the best interest of the community to have a trail at that location He supported all the other amendments proposed with regard to trails Neil Jaquet, Coors Brewing Company, 311 10th Street, Golden, is against the trail on the east side of Applewood Golf Course The Golf Course is owned by Coors Brewing Company and is leased to American Golf They have persistent problems with liability with the public coming onto their private property, especially on recreational trails Mayor DiTullio closed the Public Hearing Motion by Mrs Rotola to adopt Resolution 21-2006 with the following amendment: Delete the proposed trail adjacent to Clear Creek from approximately Eldridge to Mcintyre as shown on the Parks and Open Space Map, seconded by Ms Berry; carried 7-1 with Mr Gokey voting no Item 4. Public Hearing on request for a Special Use Permit to allow a private transit facility for Casino Bus Transportation located at 7340 West 44th Avenue (Case No SUP-06-02/Casino Transportations) Mayor DiTullio opened the public hearing - Item 4 was introduced by Mrs Sang, executive summary read by the Deputy City Clerk. Mayor DiTullio swore in all persons intending to testify in this matter Meredith Reckert, Senior Planner, presented the staff report and entered Comprehensive Plan, zoning ordinance, case file & packet materials, and digital presentation into the record Craig Caldwell, 2725 S Filmore Street, applicant, stated that the majority of his customers are Seniors. They have trash receptacles on the buses and will clean up the parking area All the buses have restrooms They have been doing this for 15 years in the metro area and never had problems Jane LaPean, 4420 Teller Street, spoke in opposition She was concerned about traffic, trash, car alarms going off Let's build something nice there Wheat Ridge is not going to make one dime off this Richard Doyle, 4491 Upham Street, representing the neighborhood, spoke to oppose the Special Use Permit. Concerns included traffic congestion, vandalism He presented petitions against the Special Use Permit. We need something to generate revenue for the City CITY COUNCIL MINUTES May 22, 2006 Page -4- Jim Tempelton, 4551 Vance Street, is bothered by traffic on Vance Street. There will be more crime and vandalism in the neighborhood Please don't approve Harold & Else Kiltaus don't want to speak. Melodie Caspar agrees with previous speakers Carl Scaglione, 4444 Upham Street, agreed with Dick Doyle and everybody else Michael Maiers ,6925 W 29th Avenue, strongly opposed to granting this Use Permit. Will not serve this community We will be greatly impacted by traffic from North Denver Jonathan Chavez, 3435 Vivian Court, disagrees with the previous speakers We need more people in Wheat Ridge to go to our businesses Seniors won't have too far to go to catch bus Ann Fey, 4320 Upham, had to put quilts on her bedroom windows because of current lights Noise, lights, smell are big concerns for her Joseph Sadar, 4355 Teller Street, was also concerned about increased bus traffic, more people coming early in the morning, staying late in the evening, coming home inebriated, schools are in the area Please turn down this proposal - Council questions and discussion followed Mayor DiTullio closed the public hearing Motion by Mrs Sang to deny Case No SUP-06-02 for the following reasons She is very concerned about the traffic congestion, a left turn out of there is practically impossible It is a magnet for trash and predators It is the wrong place for this bus, much better place would be Harlan and 44th where they have a direct route out of there, seconded by Mr Womble and Stites Motion by Mr Gokey for a substitute motion to approve Case No SUP-06-02 as stated in Agenda Packet. Motion failed for lack of second Original Motion tied 4-4. Mayor DiTullio broke the tie by voting yes Motion carried 5-4 with Councilmembers Schulz, Gokey, Rotola and Adams voting no CITY COUNCIL MINUTES May 22,2006 Page -5- ORDINANCES ON FIRST READING Item 5. COUNCIL BILL NO 10-2006 - AN ORDINANCE ADOPTING AMENDMENTS TO THE INTERNATIONAL BUILDING CODE, AS PREVIOUSLY ADOPTED BY REFERENCE, THE INTERNATIONAL RESIDENTIAL CODE, AS PREVIOUSLY ADOPTED BY REFERENCE AND SECTION 26-207 (A)(3) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE EXPIRATION OF BUILDING PERMITS Council Bill 10-2006 was introduced on first reading by Mr Gokey Motion by Mr Gokey to approve Council Bill 1 0-2006 on first reading, order it published, public hearing set for Monday, June 12, 2006 at 700 P m in the City Council Chambers, and that it take effect 15 days after final publication, seconded by Mr Womble, carried 8-0 Item 6. COUNCIL BILL NO 11-2006 - AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING CONTRACTORS' LICENSES AND INSURANCE Council Bill 11-2006 was introduced on first reading by Mr Gokey Motion by Mr Gokey to approve Council Bill 11-2006 on first reading, order it published, public hearing set for Monday, June 12,2006 at 700 P m in the City Council Chambers, and that it take effect 15 days after final publication, seconded by Mr Schulz and Mrs Adams, carried 8-0 - Item 7. - COUNCIL BILL NO 12-2006 - AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS, ENTITLED LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS, SPECIFICALLY CODE SECTION 11-170 CONCERNING THE REGULATION OF PAWNBROKERS Council Bill 12-2006 was introduced on first reading by Mrs Sang Motion by Mrs Sang to approve Council Bill 12-2006 on first reading, order it published, public hearing set for Monday, June 12, 2006 at 7 00 p.m in the City Council Chambers, and that it take effect upon adoption on second reading, seconded by Mr Womble, carried 8-0 CITY COUNCIL MINUTES May 22,2006 Page -6- DECISIONS. RESOLUTIONS. AND MOTIONS Item 8. Motion concerning a petition requesting annexation to the City of Wheat Ridge property located in unincorporated Jefferson County known as Lot 8, Arvada Ridge, Jefferson County. Item 8 was introduced by Mr Schulz. Mr Schulz read the executive summary Motion by Mr Schulz to table the annexation petition submitted by Coors Brewing Company for Lot 8 of Arvada Ridge for a period of time not to exceed 180 days, seconded by Mrs Rotola, carried 8-0 Meeting adjourned at 9'00 p m ~~~~~)\h Christa Jones, Deput~ City Clerk APPROVED BY CITY COUNCIL ON JUNE 12, 2006 BY A VOTE OF to Mike Stites, Council President The preceding Minutes were prepared according to S47 of Robert's Rules of Order, i e. they contain a record of what was done at the meeting, not what was said by the members Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions ITEM NO' ~ REQUEST FOR CITY COUNCIL ACTION T~$~ ru G,~/ <"C'r ,.~~l-- COUNCIL MEETING DATE. June 12,2006 TITLE: RESOLUTION 25-2006 - A RESOLUTION AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $2,000 FOR ACCEPTANCE OF THE COLORADO REGIONAL COMMUNITY POLICING INSTITUTE GRANT o PUBLIC HEARING o BIDS/MOTIONS J:8J RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date' _) o ORDINANCES FOR 2ND READING Quasi-Judicml: o Yes ~ No - fldfh-... Chief of 01 ce City~~' EXECUTIVE SUMMARY: The Police Department has been awarded a Colorado RegIOnal Commumty Policmg Institute grant in the amount of $2,000 from the State of Colorado. Division of Criminal Justice. The Police Department anticipates expending this grant during 2006 for enhancement of its Crime Prevention and School Resource Officer (SRO) programs. Wheat Ridge High School has formed a partnership With the Police Department to implement Youth Risk Management and Crime Awareness classes. Teenagers from Wheat Ridge High School have been Identified by the counseling staff and the SRO as students who would benefit from the classes. Class curriculum includes drug and alcohol education. crime awareness and prevention for teens, dangerous dating and domestic violence, cyber-safety, Crisis Intervention Team demonstrations, bullying, and conflict resolution. Grant funds will cover costs for printing program notebooks. pens, class t-shirts, Cnsis Intervention Training (CIT) actorlscenano fees, class photos, snacks/beverages, graduation certificates and gifts. A memorandum (Attachment #1) regarding this Colorado Regional Community Policmg lnstltute Grant for Youth Risk Management and Crime Awareness Course was mcluded m the March 29,2006 City Manager's Update. Acceptance ofthis grant meets the strategic plan goals and objectives of "Creating a Sustainable City Government" and "Strong Partnership between City and Community" COMMISSIONIBOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: Many of the students at Wheat Ridge High School have little contact with police officers. Some students have an adversarial demeanor when contacted by the police. This adversarial relationship is probably the result of limited contact between students and the police. Having contact with a variety of police officers in a positive, learning environment will also alleviate the adversarial interactions and create a more personal dialogue between the police department and the teens. The police department has taken a pro-active step ofpartnering with Wheat Ridge High School in the early Identification of teens that may benefit from an opportunity to participate in a unique course curriculum that teaches the students how crime can impact them. The police department will offer a twenty-hour course of study over a one-week penod for mterested students who have received a recommendation from either the counselmg staff at Wheat Ridge High School or from the SRO The classes offered will give teens an opportumty to develop strategies to avert crime and risk-taking behavior. The program IS also intended to give teens an opportunity to interact With pollee officers and other members ofthe Wheat Ridge Police Department in a positive environment (i.e., not only when they violate the law) Award of the grant will cover all expenses related to the Youth Risk Management and Crime Awareness classes. AL TERNA TlVES CONSIDERED: Do not accept grant. FINANCIAL IMP ACT: There is no direct financial impact. RECOMMENDED MOTION: "I move to approve Resolution 25-2006 - A Resolution Amendmg the Fiscal Year 2006 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount of$2,OOO for Acceptance of the Colorado Regional Community Policing Institute Grant and that funds be placed in Police Department Account 01-201-650-660 " or, "I move to deny approval of Resolution 25-2006 A Resolution Amending the Fiscal Year 2006 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropnation in the Amount of $2,000 for Acceptance of the Colorado Regional Commumty Policing Institute Grant for the following reason(s) " Report Prepared by: Paula Balafas, Police Sergeant Barbara Delgadillo, Assistant to the City Manager Reviewed by: Daniel Brennan, Chief of Police Ibd Attachments: I March 23, 2006 Memorandum 2. Resolution No. 25-2006 - WHEAT RIDGE POLICE DEPARTMENT MEMORANDUM TO: FROM: Mayor DiTullio and City Council Randy Young, City Manage~ Daniel Brennan, Chief of Po!;ce ~ March 23, 2006 VIA: DATE: SUBJECT: Colorado Regional Community Policing Institute Grant for Youth Risk Management and Crime Awareness Course Due to past budget cuts; Wheat Ridge High School (WRHS) has been without a School Resource Officer for several years. The absence of a police department liaison to the students and the school has impacted the relationship between police and teens who attend the high school. Many students have little or no understanding of the police department's role in the community, and very little awareness of how crime could impact their lives. - The student body and staff at WRHS were affected by two recent events. In January 2004, a student was killed in an alcohol-related traffic accident and in October 2004, the school was shocked and saddened by the shooting death of a student at a teen drinking party. When officers tried to interview teens involved in these two incidents, they found some teens were adversarial and didn't seem to understand the police department's role in investigating these incidents. In today's society. many students have little contact with police officers in a positive setting. While the Police Department has been able to reassign an SRO to the school, we realize this is only the first step toward mending the somewhat tenuous relationship that exists between teens and the police Unfortunately, when contacted by the police, some students display an adversarial demeanor We recognize that one of the causes for this adversarial relationship is the limited positive contact students have with the police and that there should be more avenues for positive interaction between teens and police officers Having contact with a variety of police officers in a positive learning environment intended to help teens can create a more personal dialogue between the police department and the teens In an effort to promote an environment of positive interaction between members of the Police Department and students from WRHS, the department competed for a "Line Officer Grant" from the Colorado Regional Community Policing Institute (CRCPI), Division of Criminal Justice These grants provide limited funding for specific ATTACHMENT 1 police/community programming aimed at addressing the underlying causes of juvenile crime & delinquency I am pleased to announce that the Police Department received a $2,000 "Line Officer Grant" from the Colorado Regional Community Policing Institute for a crime awareness and prevention course for WRHS students. The department will be partnering with the high school to identify teens that would benefit from an opportunity to take a course that looks at how crime impacts teens and teaches crime prevention strategies. The course will be offered this summer and consists of a twenty (20) hour curriculum of study over a one week period. Classes offered during the one week class will include discussion on computer and internet safety; conflict resolution; bullying; drug and alcohol education; gangs, domestic violence awareness; motor vehicle issues; crime prevention for teens, how to reduce your risk of becoming a victim of crime, sexual assault awareness and prevention; a Crisis Intervention Team demonstration; and a segment on law enforcement's perspective on crimes that frequently involve teens. The class is open to 15-20 interested students from WRHS who must receive a recommendation from either the counseling staff at the school or from the School Resource Officer. The classes offered will give teens an opportunity to develop strategies to avert crime and risk-taking behavior, as well as providing teens an opportunity to interact with police officers and other members of the Wheat Ridge Police Department in a positive learning environment. At the completion of the program, the teens will be asked to evaluate the training to assess if it has improved their knowledge of crime awareness and risk management, and also ask if their contact with the police department's staff has altered their perception(s) of the police department and police officers OGB'pjb CITY OF WHEAT RIDGE RESOLUTION NO. 25 Series 2006 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $2,000 FOR ACCEPT ANCE OF THE COLORADO REGIONAL POLICING INSTITUTE GRANT WHEREAS, the City of Wheat Ridge applied for and was awarded a grant to assist the Wheat Ridge Police Department in enhancing its crime prevention and school resource officer programs, and WHEREAS, the enhanced crime prevention and school resource officer programs will allow the Wheat Ridge Police Department to form a partnership with Wheat Ridge High School to implement Youth Risk Management and Crime Awareness courses; and WHEREAS, course curriculum wIll include drug and alcohol education, cnme awareness and prevention, dangerous dating and domestic violence, cyber-safety, bullying, conflict resolution, and crisis mtervention demonstratlOns; and WHEREAS, the City Council desires to accept the grant in the amount of $2,000; - and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City hereby accepts the grant. B The City Manager IS authorized to execute all documents necessary for the acceptance of the award. C. Upon receipt of the funds, that the funds be placed in the general fund. D. The City of Wheat Ridge fiscal year 2006 General Fund budget be amended accordmgly, specifically adding $2,000 mto the Police Department expense account 01-201-650-660 DONE AND RESOLVED THIS 12th day of June 2006. Jerry DiTullio, Mayor ATTEST: Pamela Y. Anderson, City Clerk ATTACHMENT 2 ITEM NO: -" 35 ' REQUEST FOR CITY COUNCIL ACTION r'::::;$~' ru 6,,____/ e.... ,)_ ,<~ COUNCIL MEETING DATE June 12,2006 TITLE: RESOLUTION 26-2006 - A RESOLUTION AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $17,164 FOR ACCEPT ANCE OF AN EDWARD BYRNE MEMORIAL BUREAU OF JUSTICE ASSISTANCE GRANT o PUBLIC HEARING o BIDS/MOTIONS l8J RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date' _) o ORDINANCES FOR 2ND READING QuasI-JudiCIal: o Yes l8J No - ~ -?~ ~~ O,_:P Lk~.. Vhief of Police ) ~~ City Manager ' " EXECUTIVE SUMMARY: The City of Wheat Ridge has been awarded a US Department of Justice Edward Byrne grant in the amount of $17,164 The police department anticipates expending this grant during 2006 to implement a Senior Crime Prevention Program, purchase supplies for a recently developed DUI/DW AI mvestigation program and to purchase and install additional Permanent Display Removable Computers (PDRe's) in newly purchased vehicles. Acceptance of this grant meets the strategic plan goals and objectives of "Creating a Sustainable City Government" and "Strong Partnership between City and Community". COMMISSIONIBOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: A ward of the grant will assist the City of Wheat Ridge in implementing a Semor Crime PreventIOn outreach and education program, mcrease relationships with commumty members, and purchase/install additional PDRC's for new police vehicles. ALTERNATIVES CONSIDERED: Do not accept the grant. FINANCIAL IMP ACT: By accepting the grant, the city will receive $17,164 in assistance for implementmg various commumty pohcing strategies. RECOMMENDED MOTION: "I move to approve Resolution No 26-2006 - A Resolution Amending the Fiscal Year 2006 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount of $17,164 for Acceptance of an Edward Byrne Memonal Bureau of Justice Assistance Grant and that funds be placed in Police Department account 01-201-650-660." or, "I move to deny approval of Resolution No. 26-2006 - A Resolution Amending the Fiscal Year 2006 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount of$17, 164 for Acceptance of an Edward Byrne Memorial Bureau of Justice Assistance Grant for the following reason(s) Report Prepared by: Barbara Delgadillo, Assistant to the City Manager Reviewed by' Dan Brennan, Chief of Police Attachments: I. Resolution 26-2006 060612 2006 acceptance of grant - agenda item.doc RESOLUTION 26 Series 2006 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $17,164 FOR ACCEPTANCE OF AN EDWARD BYRNE MEMORIAL BUREAU OF JUSTICE ASSISTANCE GRANT WHEREAS, the City of Wheat Ridge applied for and was awarded a grant to assist the Wheat Ridge Police Department in purchasing equipment to implement a Senior Crime PreventIOn Program, purchase supplies for a recently developed DUIIDW AI investigation program and to purchase and install additional Permanent Display Removable Computers in newly purchased vehicles; and WHEREAS, the City Council desires to accept the grant in the amount of $17,164, and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be etfected by the City Council adopting a ResolutIon. - NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City hereby accepts the grant. B. The City Manager IS authonzed to execute all documents necessary for the acceptance of the award. C Upon receipt of the funds, that the funds be placed in the general fund. D. The City of Wheat Ridge fiscal year 2006 budget be amended accordingly, specifically adding $17,164 into the Police Department expense account 01-201-650-660. DONE AND RESOLVED THIS 12th day of June 2006. Jerry DiTullio, Mayor ATTEST: Pamela Y. Anderson, City Clerk ATTACHMENT 1 ITEM NO' ~ I REQUEST FOR CITY COUNCIL ACTION {:::::"'$~' ro COUNCIL MEETING DATE: June 12,2006 TITLE: RESOLUTION 27-2006 - A RESOLUTION APPROVING A TOWER LEASE, WITH OPTIONS, ALLOWING T -MOBILE WEST CORPORATION TO UTILIZE THE MUNICIPAL RADIO TOWER D PUBLIC HEARING D BIDS/MOTIONS rg] RESOLUTIONS D ORDINANCES FOR 1 ST READING (Date' _) D ORDINANCES FOR 2ND READING Quasi-Judicial: D rg] y~ No .~~ 6~ctor ofP lie Works CitYM~CL)~ - EXECUTIVE SUMMARY: City Staff has negotiated with and recommends the attached lease (Attachment #1) with T-Mobile West Corporation for Installation of cellular telephone equipment on the municipal radio tower located at City Hall. The lease provides for an imtlallease period of five years, with two additional five year optIOnal lease extensions. T-Mobile will pay an initial rent of$I,500 per month, with a 4% increase each year of the lease. T-Mobile wIll be allowed to place their ground eqUIpment east of the City's emergency generator behind City Hall. T-Mobile will enclose their equipment along with the City's emergency generator with a masonry fence similar to the trash enclosure recently constructed. 1'- Mobile wIll also pay the City $14,000 for two parking spaces that will be displaced by their equipment. A bird repellant system will be installed and financed by l' -Mobile in conjunction with the lease. The negotiation of rent Increases revenue for the City and the receipt of$14,000 for displaced parking spaces Will assist in construction of additIOnal parking spaces along the west side of City Hall meetIng the goal of "Creating a Sustainable City Government" COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: T-Mobile West Corporation approached the City requesting a lease for space on the municipal radio tower at City Hall. A lease has been negotiated that is more favorable to the City than the most recent cellular leases executed with municipalities. The City's total exposure is limited to fifteen years, with the ability to terminate the lease after seven years. Standard insurance and indemmtication language IS included in the proposed lease. The City Attorney's office has reviewed and approved the proposed lease. AL TERNA TIVES CONSIDERED: Not approve the lease and T-Mobile West Corporation not be allowed to place equipment on the municipal radio tower. FINANCIAL IMPACT: The Imtial rent for the use of the City tower space will be $18,000 per year. The rent will automatically increase by 4% each year. The City will also receive $14,000 to asSiSt III construction of additional parking spaces along the west side of City Hall. The existing chain link fence around the emergency generator Will be upgraded to a masonry fence and a bird repellent system will be financed by T-Mobile. . RECOMMENDED MOTION: - "I move to approve Resolution 27-2006 - A Resolution Approving a Tower Lease, With Options, Allowing T-Moblle West Corporation to Utihze the Mumclpal Radio Tower." or, "I move to deny approval of Resolution 27-2006 - A Resolution Approving a Tower Lease, With Options, Allowing T-Mobile West Corporation to Utihze the Mumclpal RadIO Tower for the following reason(s) " Report Prepared by: Reviewed by' Tim Paranto, Director of Public Works Patnck Goff, Deputy City Manager Attachments: 1 Tower Lease with Option 2. Cellular equipment drawings 3. Resolution 27-2006 TOWER LEASE TRANSMITTAL Site Number' Site Name: Market: DN0347lA Wheat Ridge Municipal Tower Denver Date Turned In: Site Acquisition Coordinator' Denise Gibbons - Attached nJease find: Market Information :i Landlord-signed leases Market Entity Name: T-Mobile West Corporation 1 Landlord-signed/notarized memorandums Type of Entity' Corporation Owner Authorization Agreement Market address: 2323 Delgany Street Landlord-signed W-9 Denver, CO, 80216 Director Name: Wayne Leuck Authorization to sign lease (ifapplicabJe) Director Titlc: Mountain West Area Director I. andlord information Landlord Name: City of Wheat Ridge 2nd Landlord Name Landlord Entity' A Municipal corporation of the Addilional Mailin~ Address (if any) (i.e. individual, State of Colorado corporation, etc.) Mailing Address: 7500 West 29th Avenue Mailing Address: Phone Number' 303-235-2860 Phone Number' Fax Number' 303-235-2857 Fax Number ls'ite Information lontion Terms Site Address: 7500 West 29th Avenue Option Amount: $3,000.00 - three thousand dollars Wheat Ridge, CO 80033 Option Term. six (6) months Square Footage: 300 square feet Option Renewal Amt: $9.000.00 = nine thousand dollars Parcel Number- 39-264-15-00 I Option Renewal Term: six (6) months AGL 300 feet ease Terms If renl is to be paid annually enler the equivalenl Payee Name: City of Wheat Ridge monlhlv amount and add a paragraph 10 the Rent Amount: $1,500.00 - tifteen hundred dollars addendum slaling ilneeds 10 he paid annuallv If Rent Frequency' Monthly CPllo he used leave defaulls and add a paragraph Rent Increase: 4% - four percent 10 Ihe addendum. Lease Term: live (5) ycars Renewal Terms: two (2) additional five-year terms Cancel Terms: sixty (60) days prior Insurance: One MiIlion($ 1,000,000.00) Comments See Attached Addendum. Approved by' Real Estate Manager Date General ManagerlDirector Date Vice President (if applicable) Date Legal Department Date ATTACHMENT 1 TOWER LEASE WITH OPTION TillS TOWER LEASE WITH OPTION (this "l.ease") is by and between City of Wheat Ridge. a Municipal corporation of the State of Colorado ("Landlord") and T-Mobile West Corporation a Delaware Corporation ("Tenant"). 1 Ootion to l.ease. (a) In consideration of the payment of three thousand and no/lOO dollars ($3.000.00) (the "Option Fee") by Tenant to Landlord, Landlord hereby grants to Tenant an option to lease a portion of the real property described in the attached Exhibit A (the "Property"), together with the right to use the tower located thereon ("Tower") on the terms and conditions set forth herein (the "Option"). The Option shall be for an initial term of six(6) months. commencing on the Effective Date (as dctined below) (the "Option Period"). The Option Period may be extended by Tenant for an additional six (6) months upon written notice to Landlord and payment of the sum of nine thousand and no/IOO dollars ($9,000.00) ("Additional Option Fee") at any time prior to the end of the Option Pcriod. (b) During the Option Period and any extension thereot: and during the Initial Term and any Renewal Term (as those terms are defined bclow) of this Lease. Landlord agrees to cooperate with Tenant in obtaining, at Tenant's expense, all licenses and permits or authorizations required for Tenant's use of the Premises (as defined below) from all applicable government and/or regulatory entities (including, without limitation. zoning and land use authorities. and the Federal Communication Commission ("FCC") ("Governmental Approvals"). including all land use and zoning permit applications. and Landlord agrees to cooperate with and to allow Tenant. at no cost to Landlord, to obtain a title report, zoning approvals and variances. land-use permits. Landlord expressly grants to Tenant a right of access to the Property to pertorm any surveys, soil tests. and other engineering procedures or environmental investigations ("Tests") on the Property deemed necessary or appropriate by Tenant to evaluate the suitability of the Property for the uses contemplated under this Lease. During the Option Period and any extension thereot: and during the Initial Term or any Renewal Term of this Lease, Landlord agrees that it will not interfere with Tenant's eflorts to secure other licenses and permits or authorizations that relate to other property During the Option Period and any extension thereof. Tenant may exercise the Option by so notifying Landlord in writing. at Landlord's address in accordance with Section 12 hereof. (c) If Tenant exercises the Option, then Landlord hereby leases to Tenant the use of that portion of the Tower and Property. together with easements for access and utilities. generally described and depicted in the attached Exhibit B (collectively referred to hereinafter as the "Premises"). The Premises. located at 7500 West 29'h Avenue. Wheat Ridge, CO 80033 comprises approximately 300 square feet. Tenant's location on the Tower shall be at 85 feet above ground level. 2. Term. The initial term of this Lease shall be five (5) years commencing on the date of exercise of the Option (the "Commencement Date"). and terminating at midnight on the last day of the initial term (the "Initial Term"). - 3 Permitted Use. The Premises may be used by Tenant for the transmission and reception ofradio communication signals and for the construction. installation. operation. maintenance. repair, removal or replacement of related facilities. including, without limitation, antennas, microwave dishes. equipment shelters and/or cabinets and related activities. 4 Rent. Tenant shall pay Landlord, as rent. one thousand fifteen hundred and no/IOO dollars ($1.500.00) per month ("Rent"). Rent shall be payable within twenty (20) days tollowing the Commencement Date. prorated for the remainder of the month in which the Commencement Date falls. and thereafter Rent will be payable monthly in advance by the fifth day of each month to Landlord at the address specified in Section 12 below If this Lease is terminatcd at a time other than on the last day of a month, Rent shall be prorated as of the date of termination for any reason (other than a default by Tenant) and all prepaid Rent shall be immediately refunded to Tenant. 5 Renewal. Tenant shall have the right to extend this Lease for two (2) additional and successive tive-year terms (each a "Renewal Term") on the same terms and conditions as set forth herein. except that Rent shall be increased by tour percent (4%) of the Rent paid over the preccding year This Leasc shall automatically renew for each successive Renewal Term unless Tenant notifies Landlord, in writing, of Tenant's intention not to renew this Lease at least thirty (30) days prior to the expiration of the Initial Term or any Renewal Term. If Tenant shall remain in possession of the Premises at the expiration of this l.ease or any Renewal Term without a written agreement. such tenancy shall be deemed a month-to-month tenancy under the same terms and conditions of this Lease. 6. Interference. Tenant shall not use the Premises in any way which interferes with the use of the Property by Landlord or lessees or licensees of Landlord with rights in tbe Property prior in time to Tenant's (subject to Tenant's rights under this Lease. including. without limitation. non-interference). Similarly. Landlord shall not use. nor shall Landlord permit its lessees, licensees, employees, invitees or agents to use. any portion of the Property in any way which interferes with the operations of Tenant. Such interference shall be deemed a material breach by the interfering party. who shall. upon written notice from the other, be responsible for terminating said interference. In the event any such interference does not cease promptly, the parties acknowledgc that continuing interference may cause irreparable injury and, therefore. the injured party shall have the right. in addition to any other rights that it may have at law or in equity, to bring a court action to enjoin such interference or to terminate this Lease immediatcly upon written notice. 7 Imorovements; Utilities: Access. (a) Tenant shall have the right, at its cxpense, to erect and maintain on the Premises improvements, personal property and facilities necessary to operate its communications system. including, without limitation, radio transmitting and receiving antennas. microwave dishes, equipment shelters and/or cabinets and related cables and utility lines and a location based system. as such location based system may be required Site Nwnbt:r Site Name: Market DN03471A Wheat Ridge Municipal Tower Denver Tower Lease - Version .J.o.Ob by any county, state or federal agency/department, including, without limitation, additional antenna(sJ. coaxial cable, base units and other associated equipment (collectively. the "Antenna Facilities"). Tenant shall have the right to alter, replace, expand, enhance and upgrade the Antenna Facilities at any time during the term of this Lease. Tenant shall cause all construction to occur lien-free and in compliance with all applicable laws and ordinances. Landlord acknowledges that it shall neither interfere with any aspects of construction, nor attempt to dircct construction personnel as to the location of or method of installation of the Antenna Facilities and the Easements (as defined below). The Antenna Facilities shall remain the exclusive property of Tenant and shall not be considered fixtures. Tenant shall have the right to remove the Antenna Facilities at any time during and upon the expiration or tennination ofthis Lease. (bl Tenant, at its expense, may use any and all appropriate means of restricting access to the Antenna Facilities, including. without limitation, the construction of a fence. (c) Tenant shall. at Tenant's expense. keep and maintain the Antenna Facilities now or hereafter located on the Property in commercially reasonable condition and repair during the term of this Lease. normal wear and tear and casualty excepted. Upon tennination or expiration of this Lease, the Premises shall be returned to Landlord in good. usable condition. nonnal wear and tear and casualty excepted. (d) Tenant shall have the right to install utili tics, at Tenant's expense. and to improve the present utilities on the Property (including. but not limited to. the installation of emergency power generators). Landlord agrees to use reasonable efforts in assisting Tenant to acquire necessary utility service. Tenant shall, wherever practicable, install separate meters for utilities used on the Property by Tenant. In the event separate meters are not installed, Tenant shall pay the periodic charges for all utilities attributable to Tenant's use at the rate charged by the servicing utility Landlord shall diligently correct any variation, interruption or failure of utility service. (c) As partial consideration for Rent paid under this Lease, Landlord hereby grants Tenant easements in. under and across the Property for ingress. egress, utilities and acccss (including access for the purposes described in Section I I to the Premises adequate to install and maintain utilities, including, but not limited to, the installation of power and telephone service cable, and to service the Premises and the Antenna Facilities at all times during the Initial Term of this Lease and any Renewal Term (collectively, the "Easements"). The Easements provided hereunder shall have the same term as this Lease. (f) Tenant shall have 24-hours-a-day. 7-days-a-week access to the Premises at all times during the Initial Term of this Lease and any Renewal Tenn. at no charge to Tenant. (g) Landlord shall maintain and repair all access roadways from the nearest public roadway to the Premises in a manner sutTIcient to allow vehicular and pedestrian access at all times, at its sole expense. except for any damage to such roadways caused by Tenant. 8. Termination. Except as otherwise provided herein. this Lease may be tenninated. without any penalty or further liability as follows: - (a) upon thirty (30) days' written notice by Landlord if Tenant fails to cure a default for payment of amounts due under this Lease within such thirty (30) day period; (b) immediately upon written notice by Tenant if Tenant notifies Landlord of any unacceptable results of any Tests prior to Tenant's installation of the Antenna Facilities on the Premises, or if Tenant does not obtain. maintain. or otherwise forfeits or cancels any license (including, without limitation. an FCC license). permit or any Governmental Approval necessary to the installation and/or operation of the Antenna Facilities or Tenant's business; (c) upon thirty (30) days' written notice by Tenant if Tenant determines that the Properly or the Antenna Facilities are inappropriate or unnecessary for Tenant's operations for economic or technological reasons; (d) immediately upon written notice by Tenant if the Premises or the Antenna Facilities are destroyed or damaged so as in Tenant's reasonable judgment to substantially and adversely atTect the effcctive use ofthe Antenna Facilities. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction. and Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. If Tenant elects to continue this Lease. then all Rent shall abate until the Premises and/or the Antenna Facilities are restored to the condition existing immediately prior to such damage or destruction, or (e) at the time title to the Properly transfers to a condemning authority pursuant to a taking of all or a portion of the Property sufficient in Tenant's determination to render the Premises unsuitable for Tenant s use. Landlord and Tenant shall each be entitled to pursue their own separate awards with respect to such taking. Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation. 9 Default and Right to Cure. Notwithstanding anything contained herein to the contrary and without waiving any other rights granted to it at law or in equity. each party shall have the right, but not tile obligation. to terminate tllis Lease on written notice pursuant to Section 12 hereof, to take effect immediately. if the other party fails to perfonn any covenant or commits a material breach of this Lease and fails to diligently pursue a cure tllereofto its completion after thirty (30) days' written notice specifying such failure of performance or default. 10. Taxes. Landlord shall pay when due all real property taxes for the Properly. including tile Premises. In the event that Landlord fails to pay any such real property taxes or otller fees and assessments, Tenant sllall have tile rigllt. but not the obligation. to pay such owed amounts and deduct them trom Rent amounts due under tllis Lease. Notwithstanding the foregoing. Tenant shall pay any personal property tax. Site Number: Site Name" Market" DN0347tA Wllcat Ridge Municipal Tower DcO\-'cr Tower Lease Version 3.6.06 real property tax or any other tax or fee which is directly attributable to the presence or installation of Tenant's Antenna facilities, only for so long as this Lease remains in effect. If Landlord receives notice of any personal property or real property tax assessment against Landlord, which may affect Tenant and is directly attributable to Tenant's installation. Landlord shall provide timely notice of the assessment to Tenant sufficient to allow Tenant to consent to or challenge such assessment, whether in a Court, administrative proceeding. or other venue, on behalf of Landlord and/or Tenant. Further. Landlord shall provide to Tenant any and all documentation associated with the assessment and shall execute any and all documents reasonably necessary to effectuate the intent of this Section 10. In the event real property ta.xes arc assessed against Landlord or Tenant for the Premises or the Property, Tenant shall have the right. but not the obligation, to terminate this Lease without further liability after thirty (30) days' written notice to Landlord. provided Tenant pays any real property ta.xes assessed as provided herein. II Insurance and Subrogation and Indemnification. (a) Tenant and Landlord each will maintain Commercial General Liability Insurance in amounts of One Million and no/lOO Dollars ($1,000,000.00) per occurrence and Two Million and no/lOO Dollars ($2.000,000.00) aggregate. Each party may satisfy this requirement by obtaining the appropriate endorsement to any master policy of liability insurance such party may maintain. (b) Tenant and Landlord shall each maintain "all risk" or "special causes of loss" property insurancc on a replacement cost basis for their respective owned real and/or personal property (c) Landlord and Tenant hereby mutually release each other (and their successors or assigns) from liability and waive all right of recovery against the other for any loss or damage covered by their respective first party property insurance policies for all perils insured thereunder In the event of such insured loss. neither party's insuranee company shall have a subrogated claim against the other (d) Subjeet to the property insurance waivers set forth in subseetion II(c) above. Landlord and Tenant each agree to indemnify and hold harmless the other party from and against any and all claims, damages, eosts and expenses. including reasonahle attorney fees. to the extent caused by or arising out of the negligent acts or omissions or willful misconduct in the opcrations or activities on the Property by the indemnifying party or the employees. agents. contractors. licensees, tenants and/or subtenants of the indemnifying party. or a breach of any obligation of the indemnifying party under this Lease. The indemnifying party's obligations under this section are contingent upon its receiving prompt written notice of any event giving rise to an obligation to indemnify the other party and the indemnified party's granting it the right to control the defense and settlement of the same. (e) Notwithstanding anything to the contrary in this Lease, the parties hereby confirm that the provisions of this Section II shall survive the expiration or termination of this Lease. (t) Tenant shall not be responsible to Landlord, or any third-party. for any claims. costs or damages (including. tines and penalties) attributable to any pre-existing violations of applicable codes, statutes or other regulations governing the Propcrty - 12. Notices. All notices. requests, demands and other communications shall be in writing and are effective three (3) days after deposit in thc U.S. mail. certified and postage paid. or upon receipt if personally delivered or sent by next-business-day delivery via a nationally recognized overnight courier to the addresscs set forth below Landlord or Tenant may from timc to time designate any other address for this purpose by providing written notice to the other party If to Tenant. to: With a CODV to. T-Mobile USA. Inc. 12920 SE 38th Street Bellevue, W A 98006 Attn: pes Lea5e Administrator With a copy to: Attn. Legal Dept. T-Mobile West Corporation 2323 Delgany Street. Denver. CO 80216 Attn. Lease Administration Manager If to Landlord, to. With a COD~ to: Director of Public Works City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge. CO 80033 Gerald E. Dahl Murray Dahl Kuechenmeister & Renaud LLP 2401 15th Street Suite 200 Denver CO 80202 13 Ouiet Eniovment Title and Authoritv Landlord covenants and warrants to Tenant that (i) Landlord has full right, power and authority to execute this Lease; (ii) it has good and unencumbered title to the Property and the Tower free and clear of any liens or mortgages. except those disclosed to Tenant and which will not interfere with Tenant's rights to or use of the Premises; and (iii) execution and performance of this Lease will not violate any laws. ordinances. covenants. or the provisions of any mortgage. lease. or other agreement binding on Landlord. Landlord covenants that at all times during the term of this Lease. Tenant's quiet enjoyment of the Premises or any part thereof shall not be disturbed as long as Tenant is not in default beyond an) applicable grace or cure period. Site Numb!:l. S\te Name" Market: DNU347tA Wheat Ridge MuniCipal Tower DCI1"cr 2 rower Lease VersIOn 3,6.U6 14. Environmental Laws. Landlord represents that it has no knowledge of any substance, chemical or waste (collectively, "Hazardous Substance") on the Property that is identified as hazardous. toxic or dangerous in any applicable federal, state or local law or regulation. Landlord and Tenant shall not introduce or use any Hazardous Substance on the Property in violation of any applicable law Landlord shall be responsible for. and shall promptly conduct any investigation and remediation as required by any applicable environmental laws, all spills or other releases of any Hazardous Substance not caused solely by Tenant, that have occurred or which may occur on the Property Each party agrees to defend. indemnify and hold harmless the other trom and against any and all administrative and judicial actions and rulings. claims, causes of action, demands and liability (collectively. "Claims") including, but not limited to, damages, costs, expenses. assessments. penalties. fines. losses. judgments and reasonable attorney fees that the indemnitee may suffer or incur due to the existence or discovery of any Hazardous Substances on the Property or the migration of any Hazardous Substance to other properties or the release of any Hazardous Substance into the environment (collectively, "Actions"), that relate to or arise from the indemnitor's activities on the Property Landlord agrees to defcnd. indemnify and hold Tenant harmless from Claims resulting from Actions on the Property not caused by Landlord or Tenant prior to and during the Initial Term and any Renewal Term. The indemnifications in this section specifically include. without limitation. costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any governmental authority This Section 14 shall survive the termination or expiration of this Lease. 15 Assignment and Subleasing. Tenant shall have the right to assign or otherwise transfer this Lease and the Eascments (as defined above) to any person or business entity which: (i) is FCC licensed to operate a wireless communications business; (ii) is a parent, subsidiary or affiliate of Tenant or Tenant's parent; (iii) is merged or consolidated with Tenant; or (iv) acquires more than fifty percent (50%) of either an ownership interest in Tcnant or the assets of Tenant in the "Metropolitan Trading Area" or "Basic Trading Area" (as those terms are defined by the FCC) in which the Property is located. Upon such assignment. Tenant shall bc relieved of all liabilities and obligations hereunder and Landlord shall look solely to the assignee for performance under this Lease and all obligations hereunder. Tenant may sublease the Premises. upon written notice to Landlord. Tenant may otherwise assign this Lease upon written approval of Landlord. which approval shall not be unreasonably delayed, withheld. conditioned or denied. Additionally, Tenant may. upon notiec to Landlord. grant a security interest in this Lease and the Antenna Facilities. and may collaterally assign this Lease and the Antenna Facilities to any mortgagees or holders of security interests. including their successors or assigns (collectively "Secured Parties"). In such event, Landlord shall execute such consent to leasehold financing as may reasonably be required by Secured Parties. 16. Successors and Assigns. This Lease and the Easements granted herein shall run with the land, and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 17 Waiver of Landlord's Lien. Landlord hereby waives any and all lien rights it may have. statutory or otherwise. concerning the Antenna Facilities or any portion thereof; which shall be deemed personal property for the purposes of this Lease. whether or not the same is deemed real or personal property under applicable laws, and Landlord gives Tenant and Secured Parties the right to remove all or any portion of the same from time to time, whether before or after a default under this Lease, in Tenant's and/or Secured Party's sole discretion and without Landlord's consent. - 18. Miscellaneous. (a) The prevailing party in any litigation arising hereunder shall be entitled to reimbursement from the other party of its reasonable attorneys' fees and court costs, including appeals. if any (b) This Lease constitutes the entire agreement and understanding of the parties, and supercedes all offers, negotiations and other agreements with respect to the subject matter and property covered by this Lease. Any amendments to this Lease must be in writing and executed by both parties. (c) l.andlord agrees to cooperate with Tenant in executing any documents necessary to protect Tenant's rights in or use of the Premises. A Memorandum of Lease in substantially the form attached hereto as Exhibit C may be recorded in place of this l.ease by Tenant. (d) [n the event the Property is encumbered by a mortgage or deed of trust. Landlord agrees, upon request of Tenant. to obtain and furnish to Tenant a non-disturbance and attornment agreement for each such mortgage or deed of trust, in a form reasonably acceptable to Tenant. (c) Tenant may obtain title insurance on its interest in the Premises and Landlord agrees to execute such documents as the title company may require in connection therewith. (t) This Lcase shall be construed in accordance with the laws of the state in which the Property is located, without regard to the conflicts of law principles of such state. (g) If any term of this l.ease is found to be void or invalid, the remaining terms of this Lease shall continue in filII force and effect. Any questions of particular interpretation shall not be interpreted against the drafter. but rather in accordance with the fair meaning thereof. No provision of this Lease will be deemed waived by either party unless expressly waived in writing by the waiving party No waiver shall be implied by delay or any other act or omission of either party No waiver hy either party of any provision of this Lease shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. Site Number" Site Name Market DN03471A Wheat Ridge Municipal Tower Denver rower Lease Version 3.6.06 (h) The persons who have executed this Lease represent and warrant that they arc duly authorized to execute this Lease in their individual or representative capacities as indicated. (i) This Lease may he executed in any number of counterparts. each of which shall be deemed an original, but all of which together shall constitute a single instrument. (j) All Exhibits referred to herein and any Addenda are incorporated herein for all purposes. The parties understand and acknowledge that Exhibits A and B may be attached to this Lease and the Memorandum of Lease. in preliminary fonn. Accordingly. the parties agree that upon the preparation of final. more complete exhibits. Exhibits A and/or B. as the case may be, may be replaced by Tenant with such final. more complete exhibit(s). (k) If either party is represented by any broker or any other leasing agent. such party is responsible for all commission fee or other payment to such agcnt, and agrees to indemnity and hold thc other party harmless from all claims by such broker or anyone claiming through such broker 19 Tower Marking and Lighting Reauirements. Landlord acknowledges that it, and not Tenant, shall be responsible for compliance with all Tower marking and lighting requirements of the Federal Aviation Administration ("FAA") and the FCC. Landlord shall indemnify and hold Tenant harmless from any fines or other liabilities caused by Landlord's failure to comply with such requirements. Should Tenant be cited by either the FCC or FAA because the Tower is not in compliance and, should Landlord fail to cure the conditions of noncompliance within the time trame allowed by the citing agency, Tenant may eithcr terminate this Lease immediately on notice to Landlord or proceed to cure the conditions of noncompliance at Landlord's expense. which amounts may be deducted from Rent otherwise payable under this Lease. The effective date of this Leasc is the date of execution by the last party to sign (the "Effective Date"). LANDLORD: City of Wheat Ridge, a Colorado municipal corporation By' Printed Name: JerfY DiTullio Its: Mavor Date: TENANT: T-Mobile West Corporation. a Delaware Corporation By' Printed Name: Wayne Lcuck Its: Mountain West Area Director Date: T -Mobile Legal Approval Site Number: Site Name Market DNOH71A Wheat Ridge MuniCIpal Tower Denver Tower Lease Version 3.6.00 EXHIBIT A Legal Description The Property is legally described as follows: PARCEL I LOT I, BLOCK3, BARTH'S SUBDIVISION, EXCEPTING THE NORTH V, OF THE EAST V, OF SAID LOT AND THE WEST 6 FEET OF SAID LOT THEREFROM. COUNTY OF JEFFERSON. STATE OF COLORADO PARCEL II NORTH y, OF LOT I BLOCK 3. BARTH'S SUBDIVISION, EXEPT THE EAST 25 FEET AS DESCRIBED IN BOOK 722 AT PAGE 353. COUNTY OF JEFFERSON. STATE OF COLORADO - Site Nwnber Site Name Market DN03471A Wheat Ridge Municipal Tower Denver rower Lease - Version 3.6.06 Site Number Site Nam~ Market: EXHIBIT B The location of the Premises within the Property (together with access and utilities) is more particularly descrihed and depicted as follows: DRAWINGS ATTACHED DN03471A Wheat Ridge Municipal Tower Denver rower Lease Version .3.0.06 ADDENDUM TO TOWER LEASE WITH OPTION [Additional Termsl In the event of conflict or inconsistency between the terms of this Addendum and this Lease. the tenns of the Addendum shall govern and controL All capitalized tenns shall have the same meaning as in this Lease. I. Delete Paragraph 1 (b), Option to Lease in its entirety and replace with the following: (b) During the Option Period and any extension thereof. and during the Initial Tenn and any Renewal Tenn (as those terms arc defined below) of this Lease, Landlord agrees to cooperate with Tenant in obtaining, at Tenant's expense, all licenses and permits or authorizations required for Tenant's use of the Premises (as defined below) from all applieable government and/or regulatory entities (including, without limitation. zoning and land use authorities, and the Federal Communication Commission ("FCC") ("Governmental Approvals"), including all land use and zoning permit applications, and Landlord agrees to cooperate with and to allow Tenant, at no cost to Landlord. to obtain a title report, zoning approvals and variances, land-usc permits. Tenant recognizes that the Landlord is the municipality in which the tower is located and that the execution of this lease docs not guarantee approval of any permits or applications related to the Tenant's equipment installation. Landlord expressly grants to Tenant a right of access to the Property to perform any surveys, soil tests, and other engineering procedures or environmental investigations ("Tests") on the Property deemed necessary or appropriate by Tenant to evaluate the suitability of the Property for the uses contemplated under this Lease. During the Option Period and any extension thereof. and during the Initial Term or any Renewal Term of this Lease. Landlord agrees that it will not interfere with Tenant's efforts to secure other licenses and permits or authorizations that relate to other property During the Option Period and any extension thereof. Tenant may exercise the Option by so notifying Landlord in writing. at Landlord's address in accordance with Section 12 hereof. 2. Delete Paragraph 2, Term in its entirety and replace with the following: The initial term of this Lease shall be five (5) years commencing on the date of exercise of the Option (the "Commencement Date"), and terminating at midnight on the day before the fifth anniversary of the Commencement Date. 3. Delete Paragraph 3, Permitted Use in its entirety and replace with the following: - The Premises may be used by Tenant for the transmission and reception of radio communication signals and for the construction. installation, operation, maintenance, repair, removal or replacement of related facilities more particularly described as follows:, . Six antenna to be mounted at 85-feet on existing lattice tower . A total of 24 coaxial cable that connect to the antennas. also attached to the lattice tower . The equipment compound and enclosed equipment cabinets in the parking lot near the tower will be approximately 20' x 20' within a six-foot high fenced enclosure. . There will be no microwave dishes placed on the lattice tower 4. Delete Paragraph 4, Rent in its entirety and replace with the following: Tenant shall pay Landlord. as rent, one thousand tifteen hundred and no/100 dollars ($1.500.00) per month ("Rent"). On the anniversary of the Commencement Date of the lease, the Rent shall be increased by four percent (4%) of the Rent paid over the preceding year Rent shall be payable within twenty (20) days following the Commencement Date, prorated for the remainder of the month in which the Commencement Date falls, and thereafter Rent will be payable monthly in advance by the fifth day of each month to Landlord at the address specified in Section 12 below If this Lease is tenninated at a time other than on the last day of a month. Rent shall be prorated as of the date of termination for any reason (other than a default by Tenant) and all prepaid Rent shall be immediately refunded to Tenant. 5. Delete Paragraph 5, Renewal in its entirety and replace with the following: Tenant shall have the right to extend this Lease for two (2) additional and successive five-year terms (each a "Renewal Tenn") on the same terms and conditions as set forth herein. This Lease shall automatically renew for each successive Renewal Term unless Tenant notities Landlord, in writing, of Ten ant's intention not to renew this Lease at least thirty (30) days prior to the expiration of the Initial Term or any Renewal Term. If Tenant shall remain in possession of the Premises at the expiration of this Lease or any Renewal Term without a written agreement, such tenancy shall be deemed a month-to-month tenancy under the same terms and conditions of this Lease 6. Delete Paragraph 6, Interference in its entirety and replace with the following: Tenant shall not use the Premises in any way which interferes with the use of the Property by Landlord or lessees or licensees of Landlord with rights in the Property prior in time to Tenant's (subject to Tenant's rights under this Lease, including. without limitation, non-interference). Currently the Landlord has leases with Verizon. AT&T Wireless and Sprint Spectrum. Tenant's Antenna Facility shall not interfere with Landlord's emergency SCADA. (supervisory control and data acquisition) system or any other public communications system operated by Landlord (collectively" Landlord's System") , that is in place as a data gathering and distribution system primarily used by but not limited to. the Emergency Response Departments of the City of Wheat Ridge. (Collectively Site Number Site Name Market: DNOJ471A Wheat Ridge Municipal Tower Denver Addendum to Tower Lease - Version 1.6.06 "Landlord's System"). In the event Tenant's Antenna Facility causes interference with Landlord's System or lessees or licensees radio communications and telephone systems. Tenant shall cure said interference. promptly or shut down the Antenna Facility until said interference is eliminated to the reasonable satisfaction of Landlord. Similarly Landlord shall not use, nor shall Landlord permit its lessees, licensees, employees, invitees or agents to use, any portion of the Property in any way which interferes with Tenant's Antenna Facilities. Such interference shall be deemed a material breach by the interfering party, who shall, upon written notice from the other, be responsible for terminating said interference. In the event any such interference does not cease promptly. the parties acknowledge that continuing interference may cause irreparable injury and, therefore, the injured party shall have the right, in addition to any other rights that it may have at law or in equity. to bring a court action to enjoin such interference or to terminate this Lease immediately upon written notice. Interference shall be defined as radio frequency interference or RF Interference, further defined as any emission. radiation or induction that effects the functioning of or degrades, obstructs, or interrupts the radio communications of the Landlord and/or other individuals, as determined in the Landlord's reasonable discretion. 7. Delete Paragraph 7 (a), Improvements, Utilities. Access in its entirety and replace with the following: (a) The equipment to be placed on and at the base of the lattice tower (the "Antenna Facilities") is as follows: . Six antenna to be mounted on the existing lattice tower at 85-feet . A total of 24 coaxial cable that connect to the antenna, also attached to the tower . The equipment compound and enclosed equipment cabinets at the base of the lattice tower will be (approximately 20' x 20') within a six-foot high enclosure. The enclosure shall be designed of brick. block or brick/block combination materials approved by the Landlord. . There will be no microwave dishes placed on the lattice tower . All final designs and placements shall be approved by the Landlord. which approval shall not be unreasonably withheld Tenant may alter, replace. expand enhance and upgrade the Antenna Facilities at any time during thc term of this Lease with the written approval of the Landlord limited to the above specified equipment. Tenant shall cause all construction to occur lien-free and in compliance with all applicable laws and ordinances. Landlord acknowledges that it shall neither interfere with any aspects of construction not attempt to direct construction personnel as to the location of or method of installation of the Antenna Facilities and the Easements (as defined below). The Antenna Facilities shall remain the exclusive property of Tenant and shall not be considered fixtures. Tenant shall have the right to remove the Antenna Facilities at any time during and upon the expiration or termination of this Lease. 8. Delete Paragraph 7(b), Improvements. Utilities. Access in its entirety and replace with the following: (b)With written approval of the Landlord, Tenant. at its expense, may use appropriate means of restricting access to the Antenna Facilities. including, without limitation, the construction of a fence - 9. Delete Paragraph 7 (c), Improvements. Utilities. Access in its entirety and replace with the following: Tenant shall, at Tenant's expense. keep and maintain the Antenna Facilities now or hereafter located on the Property in commercially reasonable condition and repair during the term of this Lease. normal wear and tear excepted. Upon termination or expiration of this Lease. the Premises shall be returned to Landlord in good, usable condition. normal wear and tear and casualty excepted. 10. Delete Paragraph 7 (d), Imorovements. Utilities. Access in its entirety and replace with the following: (d) Tenant shall have the right to install utilities at Tenant's expense, and to improve the present utilities on the Property (including, but not limited to, the installation of emergency power generators). Landlord agrees to use reasonable efforts in assisting Tennant to acquire necessary utility service. Tennant shall install separate meters for utilities used on the Property by Tenant. II. Delete Paragraph 7(1), Imorovements. Utilities. Access in its entirety and replace with the following: (I) Tenant shall have 24-hours-a-day . 7-days-a-week access to the Premises at all times during the Initial Term of this Lease and any Renewal Term. at no charge to Tenant. The foregoing shall be subject to the following restrictions: Prior to accessing the Premises. Tenant must provide advance notice to the Landlord at the City of Wheat Ridge police Department Non-Emergency Phone Number at 303-237-2220. 12. Paragraph 7 (h), Improvements. Utilities. Access shall be added as follows: (h) I he renant acknowledges that the Landlord is currently constructing an addition and improvements to its City Hall building in the vicinity of the lattice tower and proposed equipment compound. The Tenant agrees to not interfere with the Landlord's construction project and that use of the Landlord's Property by the Landlord's contractor has precedence to use by the Tenant. 13. Paragraph 7 (i), Improvements. Utilities. Access shall be added as follows: (i) The Tenant agrees to purchase a bird repellant system for the Tower that is acceptable to both Landlord and Tenant. Tenant will reimburse Landlord for the installation or the bird repellant system to be installed by Landlord's contractor. Landlord shall obtain Site Number Site Name Market DN03471^ Wheat Ridge Municipal Tower Denver 2 Addendum to Tower Lease - FL Version 1 \6.06 Tenant's approval of cost of the installation the bird repellant system prior to installation, to which approval shall not be unreasonably withheld. 14. Paragraph 7 U), Improvements. Utilities. Access shall be added as follows: Q) Upon issuance of a Building Permit by the City of Wheat Ridge, Tenant shall pay to Landlord fourteen thousand and no/l 00 dollars ($14,000)in lieu of constructing replacement parking for parking displaced by the equipment compound. Tenant shall replace the existing enclosure of the Landlord's emergency generator in conjunction with the construction of the equipment compound enclosure with the same materials as approved for the equipment compound enclosure. 15. Delete Paragraph 8(a), Termination in its entirety and replace with the following: (a) Upon fifteen (15) days written notice by Landlord if Tenant fails to cure a default for payment of amounts due under this Lease within such fifteen (015) day period. 16. Paragraph 8(1), Termination shall be added as follows: (I) After the Initial Term, Landlord may terminate this Lease without cause upon two years' prior notice to Tenant. Notification shall be in writing and delivered in accordance with the Section 12 of this Lease. 17. Delete Paragraph 11, Insurance. Suhrol!ation and Indemnification in its entirety and replace with the following: A. Tenant shall procure and maintain the minimum insurance coverages listed below Such coverages shall be procured and maintained with insurance carriers duly authorized to do business in the State of Colorado and rated no less than A- by AM. Best Company In the case of any claims-made policy. the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. I Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work for Tenant. 2. Commercial General Liability insurance with minimum combined single limits of One Million Dollars ($1.000.000) each occurrence and Two Million Dollars ($2.000,000) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury broad form property damage and (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual. independent contractors, products and completed operations. The policy shall include coverage for explosion. collapse and underground hazards. The policy shall contain a severability of interests provision - B. The policy required by Paragraph (A)(2) above. shall be endorsed to include Landlord and landlord's ollicers and employees as additional named insured's. Every policy required above shall be primary insurance and any insurance carried by Landlord, its ottieers or its employees, or carried by or provided through any insurance pool of Landlord, shall be excess and not contributory insurance to that provided by Tenant. No additional insured endorsement to any policy shall contain any exclusion for bodily injury or property damage arising from completed operations. The Tenant shall be solely responsible for any deductible losses under any policy required above. A certificate of insurance shall be completed by the Tenant's insurance agent as evidence that policies providing the required coverages, conditions and minimum limits are in full force and elfeet. and shall be reviewed and approved by Landlord prior to commencement of the Lease. The certificate shall identify this Lcase and shall provide that the coverages afforded under the policies shall not be canceled or tenninated until at least 30 days prior written notice has been given to Landlord. The completed certificate of insurance shall be sent to Landlord. Failure on the part of tenant to procure or maintain policies providing the required coverages. conditions and minimum limits shall constitute a material breach of contract upon which Landlord may claim a default by Tenant, If Tenant docs not cure the default within the applicable cure period. Landlord may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith and all monies so paid by Landlord shall be repaid by Tenant to Landlord upon demand or Landlord may offset the cost of the premiums against any monies due to Tenant from Landlord. Tenant shall fully indemnify the Landlord for all actions of Tenant's subcontractors or sub-lessees C D E. The parties hereto understand and agree that Landlord is relying on and does not waive or intend to waive by any proVISIOns of this contract. the monetary limitations (prcscntly. $150.000 per person and $600.000 per occurrence) or any other rights. immunities and protections provided by the Colorado Governmental Immunity Act (CR.S. * 24-10- 10 1 et seq.), as from time to time amended, or otherwise available to Landlord, its otticers or employees 18. Delete Paragraph 13, Ouiet Eniovment. Title and Authoritv in its entirety and replace with the following: Site Number Site Name Macket: DN03471A Wheat Ridge Municlpal Tower Denver 3 Addendum to Tower Lease. fL Version 1.16.U6 Landlord covenants and warrants to Tenant that (i) Tenant has full right. power and authority to execute this Lease; (ii) it has good and unencumbered title to the Property and the Tower free and clear of any liens or mortgages. except those disclosed to Tenant and which will not interfere with Tenant's rights to or use of the Premises; and (iii) execution and performance of this I.ease will not violate any laws. ordinances, covenants. or the provisions of any mortgage. \case, or other agreement binding on Landlord. Landlord covenants that at all times during the term of this Lease. Tenant's quiet enjoyment of the Premises or any part thereof shall not be disturbed as long as Tenant is not in default beyond any applicable grace or cure period. Tenant covenants and warrants to Landlord that (i) the person executing this Lease on behalf of the Tenant has the full right. power and authority to execute this Lease; (ii) Tenant wil not disturb the use of the Property by the Landlord or its Lessees in violation of this lease. 19. Delete Paragraph 14, Environmental Laws in its entirety and replace with the following: Landlord represents that it has no knowledge of any substance. chemical or waste collectively, ("Hazardous Substance") on the Property that is identified as hazardous. toxic or dangerous in any applicable federal, state or local law regulation. Landlord and Tenant shall not introduce or use any Hazardous Substance on the Property in violation of any applicable law Each party agrees to defend. indemnifY and hold harmless the other from and against any and all administrative and judicial actions and rulings claims, causes of action ,demands and liability (collectively. "Claims") including. but not limited to. damages. costs. expenses. assessments, penalties, fines losses, judgments and reasonable attorney fees that the indemnitee may suffer or incur due to the existence or discovery of any Hazardous Substances on the Property or the migration of any Hazardous Substance to any other properties or the release of any Hazardous Substances into the environment (collectively "Actions"), that relate to or arise from the indemnitors activities on the Property Landlord agrees to defend. indemnify and hold Tenant harmless from Claims resulting from Actions on the Property not caused by Landlord or Tenant prior to and during the Initial Term and any Renewal Term. This Section 14 shall survive termination or expiration of this Lease. 20. Delete Paragraph 15, Assilmment and Subleasin\! in its entirety and replace with the following: Tenant shall have the right to assign or otherwise transfer this Lease and Easement to any person or business entity which is authorized pursuant to an FCC license to operate a wireless communications business. is a parent, subsidiary or afliliate of Tenant, controls or is controlled by or under common control with Tenant. is merged or consolidated with Tenant or purchases more than fifty percent (50%) of either an ownership interest in Tenant or the assets of Tenant in the "Metropolitan Trading Area" or "Basic Trading Area" (as those terms defined by the FCC) in which the Property is located. Upon such assignment, Tenant shall be relieved of all liabilities and obligations hereunder unless Landlord reasonably determines that the assignee is not of equal or substantially similar credit worthiness. Tenant may sublease the Premises. upon written notice to Landlord. Tenant may otherwise assign this Lease upon written approval of Landlord. which approval shall not be unreasonably delayed. withheld. conditioned or denied. Tenant shall not be released of its obligations under this Lease in the case of a sublease. 21. Delete Paragraph 17, Subordination of Landlord's Lien in its entirety and replace with the following: Landlord hereby subordinates any and all lien rights it may have, statutory or otherwise, concerning the Antennas Facilities or any portion therof which shall be deemed personal property for the purposes of this Lease. regardless of whether or not the same is deemed real or personal property under applicable laws, to the rights of any Mortgages and Landlord gives any Mortgagee the right to remove all or any portion of the same from time to time. whether before or after a default under this Lease. in any Mortgagee' s sole discretion and without Landlord's consent. 22. Delete Paragraph 18 (j) in its entirety and replace with the following: All Exhibits referred to herein and any Addenda are incorporated herein for all purposes. The parties understand and acknowledge that Exhibits A and B may be attached to this l.ease and the Memorandum of Lease, in preliminary form. Accordingly, the parties agree that upon the preparation of tinal. more complete exhibit, Exhibits B. may be replaced by Tenant with such tinal, more complete exhibit. 23. Paragraph 18 (I), Miscellaneous shall be added as follows: Landlord shall be permitted to have a representative on the Premises. at Landlord's sole cost and expense, at all times during the construction of Tenant's Antenna Facility LANDLORD: City of Wheat Ridge. a Colorado municipal corporation By' Printed Name: Jerry DiTullio Its: Mavor Site Number: Site Name Market. DN03471A Wheat Ridge Municipal Tower Denver 4 Addendum to Tower Lease - l'L Version 1.1606 Date: TENANT T-Mobile West Corporation. a Delaware corporation By' Printed Name: Wayne Leuck Its: Mountain West Area Director Date: - SIte Number Site Name Market" DN03471A Wheat Ridge Municipal Tower Denver 5 Addendmn to Tower Lcase . H. Version 1 10.06 Memorandum of Lease Assessor's Parcel Number' 39-264-15-001 Between City of Wheat Ridge and T-Mobile West Corporation ("Tenant") A Tower Lease with Option (the "Lease") by and between City of Wheat Ridge a Colorado municipal corporation ("Landlord") and T- Mobile West Corporation. a Delaware Corporation ("Tenant"), was made regarding a portion of the following property' See Attached Exhibit "A" incorporated herein for all purposes The Option is for a term of six (6) months after the Effective Date of the Lease (as defined under the Lease), with up to one additional six (6) month renewal ("Optional Period"). The Lease is for a term of five (5) years and will commence on the date as set forth in the Lease (the "Commencement Date"). Tenant shall have the right to extend this Lease for two (2) additional and successive five-year terms.. IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum etTeetive as of the date of the last party to sign. LANDLORD: City of Wheat Ridge BY' Printed Name: Jerry DiTullio Its: Mavor Date: TENANT: T-Mobile West Corporation - BY' Printed Name: Wayne Leuck Its: Mountain West Area Director Date: PAGE I - MEMORANDUM OF LEASE Site Number: Dn03.t71C Site Name Wheat Ridge Municipal Market Denver INotarv block for Landlordl {Landlord Notary block for a Corporation, Partnership ,or Limited Liability Company/ STATE OF COLORADO ) ) 55. ) COUNTY OF JEFFERSON This instrument was acknowledged before me on by Timothy Parnato, Director, Public Works of the City of Wheat Ridge a Municipal corporation of the State of Colorado. on behalf of said Municipal corporation. Dated: Notary Public Print Name My commission expires (Use this space for notary stamp/seal) {Landlord Notary block for an Individual{ STATE OF ) ) ss. ) COUNTY OF This instrument was acknowledged before me on _by__ Dated: Notary Public Print Name My commission expires (Use this space for notary stamp/seal) PAGE 2 - MEMORANDlJM OF LEASE Site Number: DN03471A Site Name Wheat Ridge Municipal Tower Market Denver Memorandum of Lease Assessor's Parcel Number' 39-264-15-001 Between City of Wheat Ridge and T-Mobile West Corporation ("Tenant") A Tower Lease with Option (the "Lease") by and between City of Wheat Ridge a Colorado municipal corporation ("Landlord") and T- Mobile West Corporation, a Delaware Corporation ("Tenant"), was made regarding a portion of the following property' See Attached Exhibit "N' incorporated herein for all purposes The Option is for a term of six (6) months after the EITective Date of the Lease (as defined under the Lease), with up to one additional six (6) month renewal ("Optional Period"). The Lease is for a term of five (5) years and will commence on the date as set forth in the Lease (the "Commencement Date"). Tenant shall have the right to extend this Lease for two (2) additional and successive five-year terms.. IN WITNESS WHEREOF. the parties hereto have respectively executed this memorandum effective as of the date of the last party to sign. LANDLORD: City of Wheat Ridge By' Printed Name: Jerry DiTullio Its: M'!YQ[ Date: TENANT: T-Mobile West Corporation - By' Printed Name: Wayne Leuck Its: Mountain West Area Director Date: Site Number: Dn03471C Site Name Wheat Ridge Municipal Market: Denver PAGE I - MEMORANDUM OF LEASE INotan> block for Landlordl /Landlord Notary block for a Corporation, Partnership ,or Limited Liability Company/ STATE OF COLORADO ) ) ss. ) COUNTY OF JEFFERSON This instrument was acknowledged before me on by Timoth~ Parnato. Director, Public Works of the City of Wheat Ridge a Municipal corporation of the State of Colorado. on behalf of said Municipal corporation. Dated: Notary Public Print Name My commission expires (Use this space for notary stamp/seal) {Landlord Notary block for an lmlivillulll{ STATE OF ) ) ss. ) COUNTY OF This instrument was acknowledged before me on _by Dated: Notary Public Print Name My commission expires (Use this space for notary stamp/seal) PAGE 2 - MEMORANDUM OF LEASE Site Number: DN034 71 A SIte Name Wheat Ridge Municipal Tower Market: Denver INotarv block (or Tenant/ STATE OF COLORADO ) ) ss. ) COUNTY OF DENVER [ certify that [ know or have satisfactory evidence that Wayne Leuck is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mountain West Area Director of T-Mobile West Corporation, a Delaware Corporation to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notal) Public Print Name My commission expires (Use this space for notary stamp/seal) - PAGE 3 - MEMORANDUM OF LEASE Site Number. DN0347lA Site Name Wheat Ridge Municipal Tower Market: Denver Memorandum of Lease EXHIBIT A Legal Description The Property is legally described as follows: PARCELl LOT I. BLOCK3. BARTH'S SUBDIVISION, EXCEPTING THE NORTH y, OF TilE EAST y, OF SAID LOT AND TilE WEST 6 FEET OF SAID LOT THEREFROM, COUNTY OF JEFFERSON. STATE OF COLORADO PARCEL II NORTH 'I, OF LOT I BLOCK 3, BARTH'S SUBDIVISION. EXEPT TilE EAST 25 FEET AS DESCRIBED IN BOOK 722 AT PAGE 353. COUNTY OF JEFFERSON, STATE OF COLORADO PAGE 4. MEMORANDUM OF LEASE Site Number DN03471A Site Name" Wheal Ridge Municipal Tower Market: Denver ~ ~ ' .J t c: II oi. II .ou~. T ~ zIt 8t:~~:'\~~ ~:"~~~ <g \? ~ ~';:~';J'llr.\\ 0,,~B8 '-. () ~ :l9!~:;~*II' , " .,. .' 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J: C1C1~)te6- 0 ~ ..: ... ~ z CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 27 Series of 2006 TITLE: A RESOLUTION APPROVING A TOWER LEASE, WITH OPTIONS, ALLOWING T-MOBILE WEST CORPORATION TO UTILIZE THE MUNICIPAL RADIO TOWER WHEREAS, the City Council wishes to enter into a lease with T-Mobile West Corporation for use of space on the municipal radio tower located at City Hall, and WHEREAS, the City has negotiated a lease with T-Mobile West Corporation NOW, THEREFORE, BE IT RESOLVED by the Mayor and Wheat Ridge City Council, that: Section 1. Lease Approved The lease agreement between the City and T -Mobile West Corporation for use of space on the City radio tower is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same. Section 2. Effective Date June 12. 2006 - This Resolution shall be effective immediately upon adoption DONE AND RESOLVED this 12 day of June, 2006 Jerry DiTullio, Mayor ATTEST Pamela Anderson, City Clerk ATTACHMENT 3 ITEM NO' ~I REQUEST FOR CITY COUNCIL ACTION ~ ,Y"$~' ~IDI ---- - COUNCIL MEETING DATE. June 12, 2006 TITLE: RESOLUTION 28-2006 - A RESOLUTION AMENDING THE 2006 GENERAL FUND BUDGET IN THE AMOUNT OF $6,000 FOR THE PURPOSE OF ACCEPTING A GRANT FOR THE DESIGN OF WILDLIFE VIEWING PLATFORMS o PUBLIC HEARING o BIDS/MOTIONS r:8J RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: _) o ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes r:8J No ~~r-~ City Man ~ . EXECUTIVE SUMMARY: The Parks and RecreatIOn Department has received a grant from the State of Colorado Division of Wildlife for the purpose of desigmng and preparing construction documents for wildlife viewing platforms. This platform boardwalk will be located in the area south of Bass Lake in the Wheat Ridge Greenbelt. The acceptance of this grant supports Goal 1. Creating a Sustainable City Government; Objective 1 Well-Maintamed City Facilities and Infrastructure and Goal 7: More Leisure Amenities for Families; Objective 3: More Options and ChOices for Residents Leisure Time, and Objective 4 Improved QualIty of Parks, Amenities, Mamtenance Level and Safety COMMISSION/BOARD RECOMMENDATION: N/A ST A TEMENT OF THE ISSUES: ThiS once popular eXisting boardwalk structure IS not safe and has prompted its closure and a vital trail linle The present structure does not provide access compliant with ADA standards. The Wheat Ridge Greenbelt is one of the most popular birdmg locations m the greater Denver metropolitan area. The reconstruction of this platform/boardwalk will provide safe and universally accessible opportumtles to view and photograph wlldhfe at a respectful distance, a platform for stagmg environmental education as well as completing another trail loop option for hikmg enthusiasts. The new design will lessen the Impacts on the environment that the existmg structure's configuration currently imposes. AL TERNA TIVES CONSIDERED: To not accept the grant. FINANCIAL IMP ACT: The long term financial impact will include construction and mamtenance of the platform/boardwalk. As part of the design and construction documents, a budget estimate for the project will be completed. The constructIOn of the platforms will be appropnated m the Open Space Fund. RECOMMENDED MOTION: "I move to approved Resolution 28-2006 - A ResolutIOn Amending the 2006 General Fund Budget in the Amount of $6,000 for the Purpose of Accepting a Grant for the Design of Wildlife Viewing Platforms." or, "1 move to deny approval of Resolution 28-2006 - A Resolution Amending the 2006 General Fund Budget in the Amount of $6,000 for the Purpose of Accepting a Grant for the Design of Wildlife Viewing Platforms for the followmg reason(s) Report Prepared by: Joyce Manwaring, Parks and Recreation Director Attachments: 1 Resolution 28-2006 060612 Wildlife viewing platlorms grant CAF.doc RESOLUTION NO. 28 Series of 2006 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $6,000 FOR THE ACCEPTANCE OF A GRANT FOR THE DESIGN OF WILDLIFE VIEWING PLATFORMS. WHEREAS, the City of Wheat Ridge supports a strong partnership between city and community; and WHEREAS, City Council supports options and choices for residents leisure time; and WHEREAS, the City Council wishes to plan for current as well as future parks and recreation needs; WHEREAS, the City of Wheat Ridge recognizes the importance of providmg quality park and recreation services, facilities and amenities; and WHEREAS, the City Council desires to accept the grant in the amount of $6,000; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City hereby accepts the grant. B. The City Manager is authorized to execute all documents necessary for the acceptance of the award. C Upon receipt of the funds, that the funds be placed in the general fund. D The City of Wheat Ridge fiscal year 2006 General Fund budget be amended accordingly, specifically addmg $6,000 into the Parks and Recreation Department expense account 01-601- 700-7 50. This resolution shall be effective immediately upon adoption. DONE AND RESOLVED THIS DAY JUNE 12, 2006. Jerry DiTullio, Mayor ATTEST: Pam Anderson, City Clerk ATTACHMENT 1 ITEM NO: _I, E, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE' June 12,2006 TITLE: RESOLUTION 29-2006 - A RESOLUTION AMENDING THE FISCAL YEAR 2006 CONSERVATION TRUST FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $36,329.00 FOR THE ACCEPTANCE OF THE STEVENS ELEMENTARY PLA YGROUND GRANT D PUBLIC HEARING D BIDS/MOTIONS k8J RESOLUTIONS D ORDINANCES FOR 1ST READING (Date:_) D ORDINANCES FOR 2ND READING Quasi-Judicial: D Yes k8J No / City~~ !_/ EXECUTIVE SUMMARY: The Parks and Recreation Department has received a grant in the amount 01'$86,329.00 from the Great Outdoors Colorado (GOCO) for the purpose ofreplacing the Stevens Elementary School playground. As part of the grant contract requirements and the approved IGA, the City reimburses the school dlstnct for the grant expenditures. The 2006 budget mcludes only $50,000.00 for thiS project; therefore a supplemental budget appropnatlOn in the amount 01'$36,329.00 is required to match the amount of the grant received. COMMISSION/BOARD RECOMMENDATION: N/A ST A TEMENT OF THE ISSUES: The 2006 Budget appropriation expenditure for this line item reflects an amount that is less than the amount received for the grant. The matching fund amount from the City has not changed from the original appropnation of$25,000 The City Council approved an IGA with the School District on the March 27th City Council Agenda, to administer the grant. The supplemental appropriation reflects the expenditure required to complete the grant. ALTERNATIVES CONSIDERED: To not approve the supplemental appropnatiOn for the grant expenditure. FINANCIAL IMPACT: The revenue received for the grant will offset the supplemental appropnation. The financial impact to the City is $25,000 in matching funds and in-kind administration costs. RECOMMENDED MOTION: "I move to approve Resolution 29-2006 amending the fiscal year 2006 Conservation Trust Fund budget to reflect the approval of a supplemental budget appropriation in the amount of$36,329.00 for the acceptance of the Stevens Elementary Playground Grant." or, "[ move to deny approval of Resolution 29-2006 amendmg the fiscal year 2006 Conservation Trust Fund budget to reflect the approval of a supplemental budget appropriation m the amount of $36,329.00 for the acceptance of the Stevens Elementary Playground Grant for the followlllg reason(s) " Report Prepared by' Reviewed by' Joyce Manwanng, Parks and Recreation Director Patrick Goft~ Deputy City Manager Attachments: 1 Resolution 29-2006 0606\2 CAF BUDGET AMEND STEVENS (,RANTdoc RESOLUTION NO. 29 Series of 2006 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2006 CONSERVATION TRUST FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $36,329.00 FOR THE ACCEPTANCE OF THE STEVENS ELEMENTARY PLAYGROUND GRANT WHEREAS, the City of Wheat Ridge supports a strong partnership between city and community; and WHEREAS, the City of Wheat Ridge recognizes the importance of providing quality park and recreation serVIces, facilities and amenities; and WHEREAS, the City CouncIl desires to accept the grant In the amount of $86,329.00; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the CIty Council adopting a Resolution. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The CIty hereby accepts the grant. S. The City Manager is authorized to execute all documents necessary for the acceptance of the award. C. Upon receIpt of the funds, that the funds be placed in the Conservation Trust Fund budget. D The City of Wheat RIdge fiscal year 2006 Conservation Trust Fund budget be amended accordingly, specifically adding $36,329 00 into the Development Projects account 54-601-800-862. DONE AND RESOLVED THIS 12th DAY OF JUNE 2006. Jerry DiTullio, Mayor ATTEST: Pam Anderson, City Clerk ATTACHMENT 1 ITEM NO: ~ I F, REQUEST FOR CITY COUNCIL ACTION r ~r<t '("$~' ru COUNCIL MEETING DATE. June 12,2006 TITLE: APPROVE AWARD OF RFB-06-36 HERBICIDE SERVICES IN THE AMOUNT OF $20,324 FOR 2006 AND $30,486 PER YEAR FOR 2007 AND 2008 FOR A TOTAL OF $81,296 o PUBLIC HEARING [SJ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date' _) o ORDINANCES FOR 2ND READING Quasi-Judicial. o Yes [SJ No " , '. '.(.. I r ( t~-) I vi Parks apd Recreation Director " ) .' (~~ CIty Mana j , / EXECUTIVE SUMMARY: The scope of work for the Herbicide Services contract is for the spraying of noxious and broadleaf weeds In defined areas of the City for the purpose of weed control. The scope of work includes areas withIn the Wheat Ridge Greenbelt, Lewis Meadows Open Space, Founder's Park, Einersen Property, Kendall Property, Baugh Property, Fruitdale Park and specified Right-of-Way areas. The award of this contract meets the strategic plan goal of Creating a SustaInable City Government; ObjectIve I. Well-Maintained CIty Facilities and Infrastructure and Objective 2: Adequate Revenues to Support Defined ServIces and Service Levels. A ward of this contract also meets the strategic plan goal and objectIves of Leisure AmemtIes for Families. On May 23,2006 six (6) bids were received in response to the request for bid. All firms met the imtial bid requirements. The apparent low bIdder was Vegetation Management of Evergreen, Colorado WIth a bid in the total amount for 2006 of $20,324 and for years 2007 and 2008 of $30,486 per year. The contract price in 2007 and 2008 reflects a full year of treatments over a 12 month period, the 2006 contract provides (2) treatments less than in 2007 and 2008. References and experience for Vegetation Management were evaluated by the Parks and Recreation Department staff. Staff recommends award to Vegetation Management in the amount of their bid. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The State of Colorado noxious weed law mandates control of specific noxIOus weeds. Weeds are also sprayed as part ofthe Parks and Recreation Department's Integrated Pest Management Program. To achieve the maximum effectiveness, different chemicals are used on different weeds at different times in a specific weed's growth cycle. The 2006 contract provides (2) treatments less than the 2007 and 2008 contract. The contract for years 2007 and 2008 will provide (3) treatments annually in Open Space areas for noxious weeds and (2) treatments for broadleafweeds ill specific Right-of-Way areas. In both the Open Space areas and Right-of-Way areas a re-vegetation program IS also occurring to reduce the need for chemical spraying, for control of weed types that do not respond to chemicals and to crowd out the undesirable plants. ALTERNATIVES CONSIDERED: To not award the contract. FINANCIAL IMPACT: The total financiallmpact ill 2006 is $20,324 which includes $615 for Right-of-Way services, $1,845 for Undeveloped/Developed Parks and $17,864 for Open Space. Funds were included in and approved as part of the 2006 budget. The total tinancial impact in years 2007 and 2008 is $30,486 per year which mcludes $923 for Right- of-Way services, $2,769 for Undeveloped/Developed Parks and $26,794 for Open Space. Funds wIll be mcluded as part of the 2007 and 2008 budget. RECOMMENDED MOTION: "I move to award RFB-06-36 Herbicide Services to Vegetation Management, Inc. of Evergreen, Colorado in the total amount of$20,324 for 2006; $615 to be charged to account 01-603-700-704 and $20,309 to be charged to account 01-605-700-704. I further move to award the contract for the years 2007 and 2008 in the total amount of $30,486 per year; $923 to be charged to account 01-603-700-704 and $29,563 to be charged to account 01-605- 700-704." or, "I move to deny award of RFB-06-36 Herbicide Services to Vegetation Management, Inc. of Evergreen, Colorado for the following reason( s) " Report Prepared by: Joyce Manwaring, Parks and Recreation Director Reviewed by' Linda Trimble, Purchasing Agent Attachments: 1. Bi.d Tab Sheet 060612 RFB-06-36 CAF Herbieides.doe Ql :0 :>- .s Ol ~ 01- w CU ZV W C CL ,- 0-' i ~ D- u. :>- 0 ~ (i\ \ w ::> U)CU ~ U)o... ~ .~ ,...- ,;~ E z a.Q U) g ~ .0 I.l.lN ;::: ~ ~ ~a.. --lc.ot:n~ ~~ ~ c..o c.? O<.Ode~ g,qUJC'0(/),~ [C05~~~ aU.olOO ~ CiiO::Ciio~ Po (/) W ~ ~ w (/) w o U !Xl 0::: w J: to o o N 'Q ( --0 ~,) <;J if- <J 32:;:' 3.J cIJ Q) r w d '" CL ...... .~ t ( ~ 6? ~ ~ ~ 0" 'jJ a 1.- ~S& l\:J Jj p.. -% \ll 0.- \-'- 6 L- o ~ ct C 1-7 j 0 c. 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W <f) ...J ..J <( u.. <0 o o N xl o o o - >- <( :2 :::J 0:: 0.. <( (9 z cc 0.. <f) 0) o o N 2) B if) _ <;J 07- ~ n5 .9 0\ 0, n -3 - <J ~ o 9j '~ ::::. if) .3 <V - ?- .-- -- .-- .3 - '3 :J Q 0) '2l () () () T if) <V - r r-:) ~ 7' c) 0) ~ T o r() IJ) )\ o UJ If) - o >- ...J ::J ...., LiJ z :J ...., cr: w ~ :2 :J <f) 0) o o N ~ If) )\ a VJ T 0<> rf\ I- o o ;::: 0... W <f) ..J ...J <( u.. 0) o o N if) Q) r J) 0J r cf) V ?- ~ :J o Z W o o <l: w c.? o W ..J 5 o Z '::L o <( ITEM NO' -I, G. REQUEST FOR CITY COUNCIL ACTION ~$~' ru COUNCIL MEETING DATE: June 12,2006 TITLE: APPROVE A WARD OF RFB-06-29 SOLID PLASTIC LOCKERS AND INSTALLATION IN THE AMOUNT OF $68,900 FOR REPLACEMENT OF LOCKERS AT THE WHEAT RIDGE RECREA TION CENTER o PUBLIC HEARING C8J BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date' _) o ORDINANCES FOR 2ND READING Quasi-Judicial. o Yes C8J No .. City~4 t.. EXECUTIVE SUMMARY: The eXisting lockers in the Men's and Women's Locker Room at the Wheat Ridge Recreation Center are in need of replacement. The existmg lockers are constructed of laminate over pressboard and are delammating and peeling apart. ThiS is not only a safety issue but an aesthetic and maintenance issue. The recommended lockers will be made of sohd plastic, a material that does not chip or delaminate in a humid environment. The approval of this bid supports strategic plan Goall Creating a Sustainable City Government; Objective 1 Well-Maintained City Facilities and Infrastructure and Goal 7' Leisure Amenities For Families. On June I, 2006 two (2) bids were received in response to the request for bid. Both tirms met the imtIal bid requirements. The apparent low bidder was Associated Building Specialties of Frederick, Colorado With a bid in the total amount of $68,900 References and experience were evaluated by staff. Staff recommends award to Associated Building SpecialtIeS in the amount of their bid. COMMISSIONIBOARD RECOMMENDA nON: N/A STATEMENT OF THE ISSUES: Mallltallling a high quality facilIty is Important to the overall operation and revenues of the RecreatIOn Center The maintenance of the facility is a key factor In attracting new users as well as maintainIng the current customer base. A well-maintallled facility IS an important component in providIng quality customer service. This work will be completed August 21-25,2006 during maIntenance closure week and will not impact users of the Center AL TERNA TIVES CONSIDERED: To not approve the bid to replace the existing lockers. FINANCIAL IMPACT: The financial impact in 2006 is $68,900 This is a budgeted project for the facility The RecreatIon Center Fund continues to place funds in reserve annually to fund capital equipment and facilIty replacement Items as needed. RECOMMENDED MOTION: "1 move to award RFB-06-29 for SolId Plastic Lockers and Installation to Associated Building Specialties of Frederick, Colorado in the amount of$68,900 to be charged to account 64-602-800-809 1 further move to approve a contingency in the amount of$6,000 to be charged to account 64-602-800- 809 " or, "I move to deny approval of RFB-06-29 Solid PlastIc Lockers and Installation for the follOWIng reason( s) " Report Prepared by' Reviewed by' Joyce Manwaring, Parks and Recreation Director LInda Trimble, Purchasing Agent Attachments: 1 Bid Tab Sheet 0606\2 Locker Bid City Council Action (2).doc ..~ ~ Ul E5'Z o.;i;Ul g~<.) . P Z \Jl ('..I ;.. 'i ~ ~fuQ ....q>c.DOI-: ",(>4 uJ<<> ,,4:. ~'~O~u1 '6~';;.~\i,~ [CtlbQ':l<.) %~%<g~'&!. \ \ \ i \ \ \ \ \ , , \ 'l \ , \ \ \ \ -- -- ~ \ \ 1, ~ 8\ .s;, J ~ % t.1 :rl ~ '1 J) L_ ef> 8 V> J> ~* <V 59 - ~ <V r- g: \ ~ -r- )Ab \ \ , .1 \ .~\ \ ! 't, () 1.:f \} ~ D B\ 2> /.:) ~ o ()_ -Z ~a -r- ;f) ~\ :; \ i ..- ~ ? '" ~ Ul 0 w 0 <.) ~ y ~ u ~ ~ ~ ~ 0 ~ 0- '2. ~ ~ ~ ~ <fJ ~ ~ Ul 0 ~ :J C) 0 0- ~ <.) ...1 :i @ ~ '&!. S :i '(j; <.) -' z S If) ~ ~ ~ 0 ? \ 1=- . ~ z ~~ \;i Ul :i 9 n. If) ~ ~ 0 ~ it. ~ ~ b m % ':t ~ rJ> :E S l- I- ';> ~ 0 0 ~ ~\ ';j;\ Z\ -' cIS ~ ~ <.) <3 ~ ~ ..J G- O ~ o (/) t, u.l ....., o 0:: 0.. A"" ActtMEtl" 1 .~-" ~/. ~ ~ <ll ,;:. '"5 en ~ Q C OJ 'in .t <-;) f> ~ :; ,% 0- ~ > 0 <ll ",- r\ ,.~ o <l.) uJ ;; ~ .4! ~O- uJJ:) uJ <ll uJ ~J:) uJ <l.) E.~ " '" '60 ~..., 0. ITEM NO. ~, REQUEST FOR CITY COUNCIL ACTION (~'f::l rOJ COUNCIL MEETING DATE: June 12, 2006 TITLE: RATIFICATION OF THE PURCHASE OF A POLICE DEPARTMENT UNINTERRUPTABLE POWER SUPPLY SYSTEM IN THE AMOUNT OF $105,250.35 o PUBLIC HEARING ~ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date' ~) o ORDINANCES FOR 2ND READING QuasI-Judicial: o Yes ~ No ('~ City Mana EXECUTIVE SUMMARY: The Police Department Uninterruptible Power Supply (UPS) system, which backs-up the police dispatch center, two computer server rooms and the police radio room during a power outage, has had two catastrophic failures m the past 12 months. These failures have caused many of the public safety dispatch computer systems to become inaccessible Due to the emergency nature of this system, the decision was made to use budgeted funds to purchase and order replacement UPS eqUipment before final approval was received from City Council. RMl [ Group conducted a mechamcal systems evaluation of the UPS system in January 30, 2003. PortIOns of their recommendations have been Implemented in a phased approach over the last two years, however, their recommendation to replace the UPS system in its entIrety has not been completed. RMH Group recommended that the UPS system should be scaled to a higher capacity system with more effective and efficient technology The Information Technology (IT) Division has pursued UPS specifications and load requirements at 20 kV A for the site with expandability to 40 kV A in the future. This will allow us to hook other rooms and equipment into the new UPS without having to replace any equipment. Since the capacity of the new UPS is 20 kV A, newer higher capacity electncal power will be required and mstalled by an electrician. The new UPS system will have the ability to be tested in conjunction wIth the generator and monitored from any authorized workstation via a web interface utilIzing Internet Protocol (IP) It will also be a redundant system with hot swappable components for easy user replacement and scalability. COMMISSION/BOARD RECOMMENDATION: None ST A TEMENT OF THE ISSUES: The City's Purchasing Policies require approval by City Council of all purchases of $25,000 or more. Therefore, for auditing purposes, a ratification of this purchase is required. AL TERNA TIVES CONSIDERED: None at this time due to the emergency nature of the project. FINANCIAL IMPACT: Emergency quotes were obtamed from Dell Inc. for eqUipment and services based on the Western State Contracting Alliance (WSCA) Price Agreement A63307 in the amount 01'$105,250.35 Funds for this project are available and budgeted in the 2006 budget. $40,000 was budgeted in the CIP Fund budget for mechanical and electrical system upgrades in the Police Department. The remaming $65,250.35 will be allocated from the excess tax collected for the Police Building Fund sales tax increase that voters approved could be used exclusively for "Police Department computer and communications equipment and facilitles." RECOMMENDED MOTION: "1 move to ratify the purchase of equipment, installatIon and consulting services for the Police Department Uninterruptible Power Supply system With Dell, Inc. in the total amount of $105,250.35." Report Prepared by: Reviewed by' Michael Steinke, IT Manager Linda Trimble, Purchasmg Agent Patrick Goff, Deputy City Manager Attachments: 1 Quote from Dell 060612 CAF PD UPS.doc Dell Inc. - Quotation APC Hardware and Installation/Implementation Quote for: City of l/IIheat Ridge 7500 W 29th Ave VVheat Ridge, CO 80033 Prepared by: Qty. APC Part # 1 SY20K40F 1 SYPM10KF 1 SBP40KFC1M1 1 WASSEMUPS-PX-21 1 SYBT 4 1 AP92200 1 AP9430 1 AP9224110 1 AP9319 2 AP9335TH 1 WlTG 1 WPRJ Jim Friedrich Technical Sales Rep Dell Inc. 800-879-3355 x72-40796 e-mail: jim_friedrich@dell.com **NASPO / WSCA Pricing - Contract # A63307 Description SYMMETRA PX20KW SCALABLE SYMMETRA 3 PHASE 10K POW SERVER BYPASS PNL, 40K, PX-21 SCHEDULED ASSBL Y-S SYMMETRA PX ECT RUN BATT INFRASTRUXURE MANAGER SE INFRASTRUXURE MANAGER-25 24PT 10 100 ETH SWCH ENVIRONMENTAL MONITORING APC TEMP AND HUMIDITY-SE APC INTEGRATION SERVICE CUSTOM CONFIG AND INSTALLATION WSCA Pricing: '-1% t<escIue ATTACHMENT 1 AJ~!u })<t f~f Q W.D.te- '((cUD: Price $ 19,781 31 $ 3,18166 $ 1,78613 $ 75390 $ 1 ,179 84 $ 1,112.91 $ 625.95 $ 19796 $ 206 96 $ 64 46 $ 2.393 56 $ 69,77100 $101,120.11 4 130,1 i / ) OS; 2.SCJ,35 Lf/;tJjOb Dell Inc. - Quotation APC Hardware and Installationllmplementation Quote for: City of Wheat Ridge 7500 W 29th Ave Wheat Ridge, CO 80033 Prepared by' Qty. APC Part # 1 SY20K40F 1 SYPM10KF 1 SBP40KFC1M1 1 WASSEMUPS-PX-21 1 SYBT 4 1 AP92200 1 AP9430 1 AP9224110 1 AP9319 2 AP9335TH 1 WITG 1 WPRJ Jim Friedrich Technical Sales Rep Dell Inc. 800-879-3355 x72-40796 e-mail: jim_friedrich@dell com "Retail Pricing Quote Description SYMMETRA PX20KW SCALABLE SYMMETRA 3 PHASE 10K POW SERVER BYPASS PNL, 40K, PX-21 SCHEDULED ASSBL Y-S SYMMETRA PX ECT RUN BATT INFRASTRUXURE MANAGER SE INFRASTRUXURE MANAGER-25 24PT 10 100 ETH SWCH ENVIRONMENTAL MONITORING APC TEMP AND HUMIDITY-SE APC INTEGRATION SERVICE CUSTOM CONFIG AND INSTALLATION Price $ 24,177 95 $ 3,833 95 $ 2,24195 $ 912.95 $ 1,464 95 $ 1,38195 $ 729.95 $ 249 95 $ 269.95 $ 94 95 $ 2,76395 $ 85,74824 Retail Pricing' $123,870.69 ITEM NO: ~', REQUEST FOR CITY COUNCIL ACTION I(~ [illJJ COUNCIL MEETING DATE' June12,2006 TITLE: APPROVE A WARD OF SOQ-06-21 GEOGRAPHIC INFORMATION SYSTEM (GIS) PHASE III IN THE TOTAL AMOUNT OF $170,420.00 D PUBLIC HEARING [g] BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR I ST READING (Date: _) D ORDINANCES FOR 2ND READING Quasi-Judicial. D [g] Yes No Di~d~ CltYM~~~ EXECUTIVE SUMMARY: The City completed the Geographic Information System (GIS) Master Plan in 2005 to develop a fully operational platform as identified by all City Departments. The master plan suggested that the implementation take place over a phased four year time span. ThiS project will implement part one of four which will assemble the base map Specifically, this project will perform the necessary research and field work to convert the current City flght-of-way mapping to a compatible form common to the Denver Region. The Public Works Department completed the mterview and selection process to retain an engmeering consultant to Implement part one of four identified m the Master Plan. On March 30, 2006 six submittals were received. Three firms were selected for interviews. The number one ranking firm after the mterviews was Flatirons, Inc. of Boulder, Colorado. Selection was based on qualifications, experience, project approach, innovative ideas and the project team. Fees were negotiated. Staff recommends award ofthe GIS Implementation Phase III to Flatirons, Inc., m the not-to-exceed amount of $170,420 00. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The City's need for a comprehensive Geographic Information System has grown as rapidly as Its dependence on electronic files. Each of the City Departments has its own needs of a GIS system reqUiring a plan for an intergrated approach be developed. The key to a Geographic Information System is a base map. The City, for many years, has used a local coordmate system developed to manage varIOUS survey and mapping tasks. The utilization of a local coordinate system has restricted the City from sharIng vital informatIon with the County, other cities and the State. The right-of-way conversion will allow the GIS base map to situate on the State Plam Coordinate System in preparatIon for the development of the GIS. AL TERNA TIVES CONSIDERED: No award and GIS ImplmentationPhase III will not be accomplished. FINANCIAL IMPACT: Fundmg for this program has been approved as the Aerial Photography/GIS Updates line Item of the 2005 Capital Improvement Program budget in the amount of $200,000.00. RECOMMENDED MOTION: "I move to approve award ofSOQ-06-21 GIS Implementation Phase III to Flatirons, Inc. of Boulder, Colorado in the not to exceed amount of $170,420.00 I further move that all costs associated with this contract be paid from account number 30-610-800- 872, and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series." or, "I move to deny award ofSOQ-0621 GIS Implementation Phase III for the following reason(s) " Initiated by: Reviewed by' Steve Nguyen, Engineering Manager Tim Paranto, Director of Public Works Lmda Trimble, Purchasing Agent Attachments: 1 2006 Capital Improvement Program Description 060612 SOQ-06-21 CAF.doc ta.............. . Capita/Investment Program PARKS AND RECREATION CAPITAL PROJECTS 1. Parking Lots and Drives Improvements 2006 Budget: $80,000 Description: The Anderson Park parking lots will be repaired. Justification: The parking lots are deteriorated and reqUire maintenance. 1. ECONOMIC DEVELOPMENT Wheat Ridge Business District 2006 Budget: $40,000 Description: Financial assistance for the operation of the Wheat Ridge Business Dlstnct. Justification: ASSist m the revitalization of the commercial sections ofthe City. 1. MUNICIPAL CAPITAL PROJECTS City Hall Improvements 2006 Budget: $395,000 Description: The HVAC hot water system is scheduled for replacement in the last phase of the HVAC replacement project. Additional Police Communications Bureau improvements to the radio system and mdependent AC units are programmed. Approximately one half ofthe City Hall dnveway and parking lots will be reconstructed. Security upgrades to the building will also be installed. Additional undetermined maintenance projects will be addressed as determined. Justification: The heating and air conditioning system at City Hall is essentially the original equipment installed when the bUlldmg was constructed. The controls for the equipment were replaced as a 2004 CIP project as phase I of a HVAC replacement plan. In 2005, Phase 2 conSisted of replacing the chilled water system. The final phase ofthe project will replace the hot water heating equipment. An evaluation ofthe mechanical and electrical systems aSSOCiated with the Police Communications Bureau was conducted in 2003. The prionty improvements were constructed in 2005. The remammg items are scheduled for completion in 2006 The dnveway and parkmg lots were evaluated in 2004 and found to have substantial damage and madequate drainage and subgrades. Replacement of the pavement and addition of storm drains is proposed in phases over two years. 2. GIS Updates 2006 Budget: $200,000 Description: A GIS base map will be developed. The street nghts-of-way layer will also be created m phase 1. Justification: There is great need to develop a GIS for use by all departments in the City. The GIS will be a valuable aid m advancing work and respondmg to requests for mformation from the public. ATTACHMENT 1 201 ITEM NO' ~\ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE June 12,2006 TITLE: COUNCIL BILL NO. 10-2006, AN ORDINANCE ADOPTING AMENDMENTS TO THE INTERNATIONAL BUILDING CODE, AS PREVIOUSLY ADOPTED BY REFERENCE, THE INTERNA TIONAL RESIDENTIAL CODE, AS PREVIOUSLY ADOPTED BY REFERENCE AND SECTION 26-107 (A)(3) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE EXPIRA TION OF BUILDING PERMITS. L8J PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date' May 22,2006) L8J ORDINANCES FOR 2ND READING Quas1-ludlclal. 0 L8J Yes No ~~ Commumty Development DIrector Clty~'--' EXECUTIVE SUMMARY: RegulatlOns concemmg the length oftlme a buildmg permIt is vahd are found m the IntematlOnal Bmldmg Code and IntematlOnal Rcsldentlal Code, both of whIch are adopted by reference m Chapter 5 of the Code of Laws. There are also regulatlOns m Chapter 26, [26-107 (3)] whIch conflIct WIth those of the referenced buildmg codes. The proposed ordmance amends current regulatlOns to make building permIts vahd for 180 days from the date of Issuance. The Bmldmg OffiCIal would be authonzed to Issue one or more extenslOns to the 180 days upon a JustIfiable cause bemg demonstrated. The Bmldmg Code AdVISory Board recommended the change to 180 days WIth the abihty to grant extenslOns. The Planmng ConlllllsslOn reVIewed the ordmance WIth respect to the change to Chapter 26 and recommended approval WIth an amendment. This ordinance IS related the Council's strategIc goals ofplannmg for growth and estabhshmg a strong partnerslup between the CIty and commumty by repealing confllctmg regulatlOns, creatmg defined timelmes for development, and provIding a means to address problem constructlOn proJects. COMMISSIONIBOARD RECOMMENDATION: The Buildmg Code AdVISOry Board recommended the change to 180 days wIth the abilIty to grant extenslOns. Plannmg CormmsslOn recommended approval to the section dealing wIth Chapter 26 wIth the addition of the followmg language to end of Section 26-107 (A)(3)' "The extenslOn shall be granted if It is demonstrated that the extenslOn WIll assist or expedIte the completlOn in a tImely manner. Any denial of an extension may be appealed to the dIrector of communIty development." (Note' If this amendment is mc1uded m the ordinance by CounCIl, it should be attached to the end of Section 105.5 and SectlOnR105.5) Staff does not have a concern wIth the addItional language recommended by Plannmg CommIssion. STATEMENT OF THE ISSUES: The buildmg codes provIde that a permit IS valid so long as work IS started WIthin 180 days of Issuance and that work IS not abandoned for a penod of more than 180 days. The Chapter 26 proVlSlOn reduces the start up time to 60 days and the abandonment penod to 120 days. No other guidance IS gIven as to what constitutes abandonment of the work and the explratlOn ofthe permit. If a permIt doesn't expIre If somethmg IS done every 179 days under the current code, a permit can lIterally be valid for years. This results in complamts from neIghbors and endless open projects files for staff. Under the current regulatlOns, there IS no effectIve way to deal WIth projects that aren't brought to completIon. The 180 day tIme frame (6 months) IS suffiCIent tIme for most constructlOn projects except large commercIal proJects, new reSIdences, and perhaps some addItIons and tenant fimshes If they are complex. For endless constructlOn projects, the ordmance glVes us the abihty to not Issue any further extenslOns, take the owner to court, and have the court order the completIon wlthm a speCIfied time. AI"TERNATIVES CONSIDERED: 1 Extend explratlOn time to 1 year WIth no extenSIOns. 2 Retam the current "rollmg" 180 day time frame, but repeal the Chapter 26 inconSIstency. FINANCIAL IMPACT: There will be no financIal Impact to the CIty as a result of adoptmg this ordmance. RECOMMENDED MOTION: "I move to approve CounClI Bill I 0-2006 on second readmg and that It take effect 15 days after final publicatlOn, with the followmg amendment: Add to the end of Sections 105.5, R105 5, and 26-107(A)(3) the followmg language: The extenslOn shall be granted if it IS demonstrated that the extenslOn will assIst or expedIte the completlOn m a timely manner Any demal of an extenslOn may be appealed to the dIrector of commumty development." Report Prepared by Alan WhIte, Commumty Development DIrector Attachments: 1. Council Bill No.1 0-2006 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER GOKEY Council Bill No 10-2006 Ordinance No SERIES 2006 TITLE. AN ORDINANCE ADOPTING AMENDMENTS TO THE INTERNATIONAL BUILDING CODE, AS PREVIOUSLY ADOPTED BY REFERENCE, THE INTERNATIONAL RESIDENTIAL CODE, AS PREVIOUSLY ADOPTED BY REFERENCE AND SECTION 26-107 (A)(3) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE EXPIRATION OF BUILDING PERMITS WHEREAS, pursuant to its home rule authority and C RS S 31-15-601, the City of Wheat Ridge (the "City") possesses the authority to adopt regulations concerning the construction of homes and other structures within the City; and WHEREAS, pursuant to C RS S 31-16-201, et seq., the City possesses the authority to adopt codes promulgated by other agencies by reference, and WHEREAS, in accordance with the above, the City Council ("Council") of the City of Wheat Ridge, Colorado ("City") previously acted to adopt the 2003 International Building Code ("IBC") and the 2003 International Residential Code ("IRC") by reference, and WHEREAS, the Council also adopted certain amendments to the IBC, codified as Section 5-76(b) of the Wheat Ridge Code of Laws ("Code"), and amendments to the IRC, codified as Code Section 5-85(b), and WHEREAS, both the IRC and IBC currently provide that any permits issued thereunder remain valid as long as any amount of work is performed once every one hundred and eighty (180) days, and WHEREAS, the Council finds and determines that such prOVisions create the potential for unreasonable delay in the completion of projects for which building permits have been issued, and WHEREAS, the Council therefore desires to amend said provisions to provide that permits shall expire one hundred and eighty (180) days after issuance unless the City building official grants the permitee an extension, and WHEREAS, pursuant to C RS Title 31, Article 23, the City is explicitly granted the power to promulgate rules related to the planning and zoning of the City; and WHEREAS, in accordance with this Article, the City has previously adopted Code Section 26-107 (A)(3), and WHEREAS, said Section currently provides that any permits issued under Code Chapter 26 remain valid as long as any amount of work is performed once every sixty (60) days. and ATTACHMENT 1 WHEREAS, the Council finds and determines that such provisions create the potential for unreasonable delay in the completion of projects for which building permits have been issued, and WHEREAS, in the interest of consistency among Chapter 26, the IBC and the IRC, the Council therefore desires to amend said Section 26-107 (A)(3) to provide that permits shall expire one hundred and eighty (180) days after issuance unless the City building official grants the permitee an extension, and WHEREAS, the Council finds that the amendments adopted by this ordinance are necessary to prevent unreasonable delay in building projects in the City in the interests of the public health, safety and welfare, while providing an avenue for extensions of time for those projects that reasonably cannot be completed in one hundred and eighty (180) days NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO' Section 1. Subsection 5-76(b) of the Code, adopting certain amendments to the 2003 International Building Code, is hereby amended by the addition of a new amendment, to be inserted in numerical order, to read in its entirety as follows Section 105 5. Change to read as follows 105.5 Expiration. Except as otherwise provided herein, every permit issued shall expire one hundred and eighty (180) days after issuance The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than one hundred and eighty (180) days each. The extension shall be requested in writing and justifiable cause demonstrated Section 2. Subsection 5-85(b) of the Code, adopting certain amendments to the 2003 International Residential Code, is hereby amended by the addition of a new amendment, to be inserted in numerical order, to read in its entirety as follows Section R105 5 Change to read as follows. R105.5 Expiration. Except as otherwise provided herein, every permit issued shall expire one hundred and eighty (180) days after issuance The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than one hundred and eighty (180) days each. The extension shall be requested in writing and justifiable cause demonstrated Section 3. Subsection 26-107 (A)(3) of the Code is hereby amended to read in its entirety as follows (3) Except as otherwise provided herein, every building permit issued shall expire one hundred and eighty (180) days after issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than one hundred and eighty (180) days 2 each The extension shall be requested in writing and justifiable cause demonstrated Section 4. Safety Clause. The Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the City, 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 Council further determine that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability: Conflictina Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 6. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5 11 of the City's Charter INTRODUCED, READ AND ADOPTED on the first reading by a vote of 8 to 0 on this 22nd day of May, 2006, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for June 12, 2006, at 7 00 pm, 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 , 2006 SIGNED by the Mayor on this _ day of _' 2006 Jerry DiTullio, Mayor ATTEST Pamela Anderson, City Clerk Approved as to form Gerald E. Dahl, City Attorney First Publication. May 25, 2006 Send Publication. Wheat Ridge Transcript Effective Date 3 ITEM NO 3, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETJNG DATE. June 12,2006 TITLE: COUNCIL BILL NO. 11-2006, AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING CONTRACTORS' LICENSES AND INSURANCE. ~ PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDJNANCES FOR 1ST READJNG (Date May 22,2006) ~ ORDJNANCES FOR 2ND READJNG Quasi-JudicIal D ~ Yes No ~!Ok Commumty Development Director Clty~4~ EXECUTIVE SUMMARY: The City's regulations and reqUirements for contractors are contamed m Chapter 5 ofthe Wheat RIdge Code of Laws. ReqUirements are established for two types of contractors I) those performmg work requmng a buildmg permIt, and 2) those perfonmng workmg requmng nght-of- way permits. BUlldmg permit requirements are found m Chapter 5 BUlldmgs and BUlldmg RegulatIOns, right-of-waypenmt requirements are found m Chapter 21 - Streets and Sidewalks. The proposed ordmance relocates the reqUirements for contractor licenses for contractors performmg work m nghts-of-way to Chapter 21, along with the contractor license fee reqUirements. There are no proposed changes to these license requuements Regardmg reqUirements for contractors performmg work under a bUlldmg permit, the City's current I11surance reqUirements are $1 million per occurrence and $2 millIOn general aggregate The proposed ordmance lowers the reqUirements to $300,000 per occurrence and $600,000 general aggregate. These insurance amounts were reconmlended by the BUllu1I1g Code AdVISOry Board. Tills ordmance IS related the Council's strategic goals ofplannmg for growth and estabhshmg a strong partnership between the City and commumty by orgamzmg regulations accordmg to subject, and lowering burdensome and costly msurance reqmrements. COMMISSIONIBOARD RECOMMENDATION: The Buildmg Code AdVISOry Board recommended the msurance amounts proposed in the ordmance. STATEMENT OF THE ISSUES: Relocating the nght-of-way contractor requirements IS a house cleamng Item that places the reqmrements in the appropnate section of the Code dealmg with nght-of-way permits. We have received several comments about these requirements bemg excessive, costly, and a burden to smaller contractors. We have surveyed the reqmrements of other Jurisdictions and ours are some of the highest m the state The proposed amounts are more m hne With the requirements of other jurisdictIOns throughout the state, although our llnmedlate neighbors do not reqUlre any msurance for buildmg contractors. ALTERNATIVES CONSIDERED: 1. Do not change the regulatlons. FINANCIAL IMPACT: There will be no financial Impact to the City in adoptmg the proposed ordmance. RECOMMENDED MOTION: "1 move to approve Council Bill 11-2006 on second readmg and that It take effect 15 days after final pubhcatlon." Report Prepared by Alan White Attachments: 1 Chart of Other JunsdlctlOn's Insurance ReqUlrements 2. Council Bill No. 11-2006. Insurance Requirements for other Cities City Lie Note A~mreQate Occurrence Per Person Arvada Yes Not Required Not Required Not Required Aspen Yes $300,00000 $100,00000 $100,00000 Avon Yes $2,000,00000 $1,000,00000 "such bond or certificate of insurance must at a Blackhawk minimum provide adequate (whatever amount that is) Yes general liability" Boulder Yes $600,00000 $100,00000 $150,000.00 Brighton Yes $100,00000 Broomfield A&B $300,00000 $300,00000 $50,00000 Broomfield C $50,00000 $100,00000 $25,00000 Centennial Not Required Not Required Not Required Commerce City Yes $300,00000 Denver Yes Denver ROW only $2,000,00000 $1,000,00000 $1,000,00000 Douglas County A&B $1,000,00000 Douglas County C $500,00000 Douglas County D $300,00000 Elec, Douglas County Plumb, $300,00000 Mech, Roof Enqlewood Demo $300,00000 $50,000 00 $50,00000 Englewood all others Not Required Golden No register Jefferson County No Not Required Not Required Not Required No insurance Lakewood ROW only req'd for bldg contractors Not Required Lakewood Demo $300,000 00 $150,00000 Littleton Yes $300,00000 Littleton Yes A&B $500,00000 Northglenn No Not Required Pitkin County Yes $300,000 00 $100,00000 $100,00000 ATTACHMENT 1 Insurance Requirements for other Cities City Lic Note Aqqreqate Occurrence Per Person Pueblo Yes $500,000.00 $250,000 00 Sheridan Yes $300,00000 $100,00000 Steamboat (Routt C Yes $300,00000 ROW only Only register Westminster bldg contractors $500,00000 $400,00000 $150,000 00 Wheat Ridqe Yes $2,000,000 00 $1,000,000 00 INTRODUCED BY COUNCIL MEMBER ~OKEY Council Bill No. 11-2006 Ordinance No. Series of 2006 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING CONTRACTORS' LICENSES AND INSURANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1 Section 5-117 of the Wheat Ridge Code of Laws IS amended as follows: (a) The various classes of lIcenses issued under this article and the work authorized to be performed by the holder of the license are as follows: ( I) Building contractor-Class II A bUIlding contractor, class II, shall be authorized to perfonn the following: unlimited building, altering, adding to the structural portions of any building, structure or portion thereof of any type, including all concrete, structural steel and iron, and the demolition of all or any part of a buildlllg or structure on a site on which new construction, remodel, alter or repaIr of an existmg building or structure is proposed. (2) Same Class 2ll. A building contractor, class il, shall be lImited to type 3, 4, or 5 ill, IV or V buildmgs not exceedmg three (3 ) stones and not used for Educational, Institutional or Hazardous occupancIes as defined by the building code. (3) Residential building contractor-Class3 ll/. A residential building contractor, class 3 ill, shall be limited to one (l) and two (2) family dwellings and multiple single-family (townhouse) residential structures not exceeding three (3) stories. (4) Building contractor-Class 4.J.ll A building contractor, class 4 lV, shall be authonzed to perfonn the following, Non-habitable buildings and structures Carport Pnvate detached garage Storage shed SWImming pools Fences Siding FasCia Soffit ATTACHMENT 2 PatIO covers Glazmg/wmdows (installation, replacement and repair) Framing Drywall Masonry (none structural veneer only) Elevator systems (5) Home owner building contractor--Class 5.JZ A home owner building contractor, class 5 :V, shall be Issued to an individual who desires to perform work involving construction, alterations or additions including plumbing, electrical and mechanical alterations of a single-family dwelling owned and resided in by that individual. (6) Structure moving contractor--Class 6 W. A structure moving contractor, class 6 VI, shall authorize moving of any and all types of buildings or structures. The requirement for license applies to any person so performing in the city on public rights-of-way regardless of pomts of beginning and destination of the performance. (See sectIOn 5-125 42, for insurance and bond requirements.) (7) Demolition contractor--Class 7 m A demolition contractor, class 7 \lIt, shall be authorized to perform demolition or wreckmg of any building or structure or portion thereof. (8) Plumbing contractor-Class 8..JZlll A plumbing contractor, class 8:vm, shall be authorized to do the following: installation of all sanitary plumbing and potable water supply piping and appliances connected thereto, and includmg gas plpmg and the complete mstallatlOn of water heaters, the installation ofpipmg for transmission of chemicals and gases; the installation and removal of backflow preventIOn devices, the installation of gas ranges, gas dryers and gas refrigerators, steam and hot water heating system, process and industrial piping and related appurtenances which shall include the piping used for the transmission of chemicals and gases, the installation of burners, piping and controls utilizing gas, pipe insulation and low voltage wiring which does not exceed forty-eight (48) volts and when such wiring is not enclosed in a conduit or raceway. (9) Mechanical contractor -Class 9/X. A mechanical contractor, class 9~, shall be authorized to do the following: installation ofwann air heating, all ductwork, ventilation and evaporative cooling; the installation of gas piping, burners, venting and controls; and extenor sheet metal; duct isolation; installation of refngeration systems and appurtenant cooling towers; pipe installation, and low voltage wiring which does not exceed forty-eight (48) volts and when such wiring is not enclosed in a conduit or raceway. (10) Electrical sigHef contractor-Class lOX. An electrical sigftal contractor, class 10 X:, shall be authorized to do the following: installation of electrical systems on residentIal and commercIal propertIes. ReqUIred to have a State of Colorado issued Contractors a Masters license. installation of fire detection, fire alarm, burglar alarm, pneumatic control and all signaling or control systems where the electrical 'loltage does Rot exceed forty eight (48) volts. ExceptIOn: AuthorIzed and franchIsed public utility companies. (11) Sign contractor---Class 11 Xl A sign contractor, class 11 Xl, shall be authorized to do the following: installation, replacement or maintenance of all types of signs. (12) Fire protection contractor-Class 12 Xll. A fire protection contractor, class 12 }aI, shall be authOrIzed to do the following: a. Automatic fire suppression systems of all types. b. Carbon dIoxide systems. c StandpIpe systems and appurtenances. (13) Lawn sprinkler contractor-Class 13 XlIl. A lawn sprinkler contractor, class 13 xm, shall be authorized to do the followmg: installation of underground lawn sprinkler systems, including backflow prevention devices and tapping the existing water service or main. CRS 12-58-102 (14) Ro()(ing contractor Class 14 X/fL A roofing contractor, class 14;.rl-\L, shall be authorized to apply roof covering material to all structures. (15) Electrical signal contractor--Class 15 X An electrical signal contractor, class 15 X, shall be authorized to do the following: installation of fire detection, fire alarm, burglar alarm, pneumatic control and all signaling or control systems where the electrical voltage does not exceed forty-eight (48) volts. Exception: Authorized and franchised public utility companies. (15) Mzmicip(;/l cammcter CI(;/ss.1. A license to do ViOrl~ as a mUnIcipal contractor, class A, shall be required f{)r th.e instttllatioR ofthe follovllng in the pubhc ',vay: a. Water mams. b. Sewer mains. c. Water and se,;ver service lines. d. Storm drums. e. Related structures. (16) S<iIllC Class B. /. license to do work as a mUnicipal contractor, class B, shall be required for street, alley aBd other roadway related construction m the public way, inclusi'le of: a. Excavation, grading, levelmg of sub grade. b. Compaction, rollmg, gra',cling, asphalting, paying, curbing and draining. c. Construction of cmb, gutter, sidewalks, medians and other concrete structures or installations. d. ConstructIOn of traffic signal installations. (17) Same Class C. ,A. license to do work as a municipal contraetor, class C, shall be issued for, and limited to, the installation of water and sewer service lines including excavation, pipe placement, backfilling and other operations as necessary in the public way. (1 &) Same Liccnsc limitations. The director of public ',vorks shall review applications for municipal contraetors' licenses and shall indicate those contractors, which the applicant has SflO'.Vil he is qualified to perform. Upon completIOn of review, the director of public works shall then causc to be issued a license limited as indicated. (b) Holders of certain of the licenses may perform as if licensed for certain of the other functions m accordance With the following schedule: Licensed as May perform as Class I Class II, III, IV Class II Class III Class III Class IV Class ,^. Class C Section 2 SectIOn 5-121 of the Wheat Ridge Code of Laws is amended as follows: The annual license fees for contractors license under the provisions of this article shall be paid in accordance with the following table: (1) Building contractor, Class 11--$150.00 (2) Building contractor, Class 2 H--$I25.00 (3) ReSidential buildmg contractor, Class 3 Hl--$1 0000 (4) BUilding contractor, Class 4 W--$75.00 (5) Home owner building contractor, Class 5 V--$75.00 (6) Structure moving contractor, Class 6 Vl--$75.00 (7) Demolition contractor, Class 7 W--$75.00 (8) Plumbing contractor, Class 8 .vm--$IOO.OO (9) Mechanical contractor, Class 9 ~--$IOO 00 (10) Electrical sigRal contractor, Class 10 ~-No fee (11) Sign contractor, Class 11 ~-$75.00 (12) Fire protection contractor, Class 12 }ffi--$75.00 (13) Lawn sprinkler contractor, Class 13 XHl--$75.00 (14) Roofing contractor, Class 14 XAL--$75.00 (15) Electrical signal contractor, Class 15--$75.00 (15) Municipal contractor, Class ,\ $200.00 (16) Municipal contractor, Class B $150.00 (17) Municipal contractor, Class C $125.00 License fees are due with the license application and are nonrefundable. Nonissuance of licenses shall not entitle applicant to a refund of fees paid. Section 3. Section 5-125 (b) of the Wheat Ridge Code of Laws is amended as follows. (b) Insurance. A certificate liability of insurance from an msurance company licensed to do business in the state shall be filed with the city prior to issuance of any class 1 - 15 I XIII license or any class f., B, C municipal license. The limits of such coverage shall include workers compensation and employer's liability in the amount of five hundred thousand dollars ($500,000.00) and general liability m the amount of six hundred thousand dollars ($600,000.00) t\V{) million dollars ($2,000,000.00) general aggregate and three hundred thousand dollars ($300,000.00) one million dollars ($1,000,000) for each occurrence. Section 4. Section 21-11 of the Wheat Ridge Code of laws is amended as follows: (a) Permit required. compliance with regulations and specifications. application to city personnel. It shall be unlawful for any person to perform work within the public way of the city for any purpose without first having obtamed the permits and havmg paid the fees that are herem establIshed and WIthout complying fully with the fees, regulations and specifications of this city which are hereby established by this article No permit shall be issued to an applIcant until SaId applicant has been licensed by the city as proVIded m Section 21-21 chapter 5 of the Wheat Ridge Code of Laws. This provision shall not apply to work performed by city personnel in purSUIt of their regular or assigned duties or to work performed by a person or entIty under a contract with the city Section 5. SectIOn 21-21 of the Wheat Ridge Code of Laws is hereby established as follows. Section 21-21. Licenses and Fees. (a) The various classes of licenses issued under this article and the work authorized to be performed by the holder of the license are as follows: (1) Municipal contractor-Class A. A license to do work as a municipal contractor, class A, shall be required for the installation of the following in the public way: a. Water mains. b. Sewer mains. c. Water and sewer service lines. d. Storm drains. e. Related structures. (2) Same--Class B. A license to do work as a municipal contractor, class B, shall be required for street, alley and other roadway-related construction in the public way, inclusive of: a. Excavation, grading, leveling of sub-grade. b. Compaction, rolling, graveling, asphalting, paving, curbing and draining. c. Construction of curb, gutter, sidewalks, medians and other concrete structures or installations. d. Construction of traffic signal installations. (3) Same-Class C. A license to do work as a municipal contractor, class C, shall be issued for, and limited to, the installation of water and sewer service lines including excavation, pipe placement, backfilling and other operations as necessary in the public way. (4) Same-License limitations. The director of public works shall review applications for municipal contractors' licenses and shall indicate those contractors, which the applicant has shown he is qualified to perform. Upon completion of review, the director of public works shall then cause to be issued a license limited as indicated. (b) Holders of certain of the licenses may perform as if licensed for certain of the other functions in accordance with the following schedule: I Class A I Class C (c) The annual license fees for contractors license under the provisions of this article shall be paid in accordance with the following table: (1) Municipal contractor, Class A--$200.00 (2) Municipal contractor, Class B--$150.00 (3) Municipal contractor, Class C--$125.00 License fees are due with the license application and are nonrefundable. Nonissuance of licenses shall not entitle applicant to a refund of fees paid. (Reserved Sections to be re-numbered 21-22 - 21-29.) Section 6. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it IS promulgated for the health, safety, and welfare of the public and that this ordInance is necessary for the preservatIOn of health and safety and for the protection of public convenience and welfare The City Council further determines that the ordmance bears a rational relation to the proper legislatiVe object sought to be attaIned. Section 7. Severability; Conflicting OrdInances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutiOnal or otherwise invahd, the validity of the remaining section, 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 8. Effective Date. This ordinance shall take effect .-l.5....- days after final publication. INTRODUCED, READ, AND ADOPTED on first readIng by a vote of ~ to ~ on this 22nd day of May , 2006, 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 fllnp 1? ,2006, at 7'00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, this _ day of , 2006. SIGNED by the Mayor on this _ day of ,2006 JERRY DITULLIO, MAYOR ATTEST: Pamela Y. Anderson APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1 st PublicatIOn. May 25, 2006 2nd PublicatiOn. Wheat Ridge Transcnpt Effective Date ttVW&1dd OV~MMce ~ INTRODUCED BY COUNCIL MEMBER Council Bill No. 11-2006 Ordinance No. - Series of 2006 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING CONTRACTORS' LICENSES AND INSURANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1 SectIOn 5-117 of the Wheat RIdge Code of Laws IS amended as follows. (a) The vanous classes oflicenses Issued under this article and the work authonzed to be performed by the holder of the lIcense are as follows' (1) Building contractor-Class II A building contractor, class II, shall be authorized to perform the followmg: unlImIted buildmg, altenng, addmg to the structural portIOns of any buildmg, structure or portion thereof of any type, mcludmg all concrete, structural steel and Iron, and the demolItIOn of all or any part of a bmldmg or structure on a SIte on whIch new constructIOn, remodel, alter or repmr of an existmg buildmg or structure 18 proposed. (2) Same-Class 211. A buildmg contractor, class II, shall be lImited to type 3, 4, or 5 Ill, IV or V bmldmgs not exceedmg three (3) stories and not used for EducatIOnal, InstitutIOnal or Hazardous occupanCIes as defined by the buildmg code. (3) Residential building contractor-Class3111. A resIdential buildmg contractor, class 3 Ill, shall be lImIted to one (1) and two (2) famIly dwellIngs and multiple smgle-family (townhouse) resIdential structures not exceedmg three (3) stones. (4) Building contractor-Class 4 W A bmldmg contractor, class 4 W, shall hc authonzed to perform the followmg, Non-habItable bmldmgs and structures Carport Pnvate detached garage Storage shed SWlmmmg pools Fences Sldmg FasCla Soffit Patio covers Glazing/wmdows (installatIOn, replacement and repair) Frammg Drywall Masomy (none structural veneer only) Elevator systems (5) Home owner building contractor-Class 5 +t A home owner buildmg contractor, class 5 :V, shall be Issued to an mdiv]dual who desIres to perform work mvolvmg construction, alterations or additIOns mcludmg plumbing, electrical and mechamcal alterations of a smgle-family dwellmg owned and reSided m by that mdlvidual. (6) Structure moving contractor-Class 6 W. A structure movmg contractor, class 6 VI, shall authonze moving of any and all types ofbuildings or structures. The reqmrement for hcense apphes to any person so performmg m the Clty on public rights-of-way regardless ofpomts ofbegmmng and destination of the performance. (See section 5-125 4* for msurance and bond reqUIrements.) (7) Demolition contractor-Class 7.flfl. A demolitIOn contractor, class 7 :vII, shall be authonzed to perform demolitIOn or wreckmg of any bUIlding or structure or portion thereof. (8) Plumbing contractor-Class 8 Wll. A plumbing contractor, class 8 :vm, shall be authonzed to do the followmg: mstallatlon of all samtary plumbmg and potable water supply p]pmg and appliances connected thereto, and mcludmg gas p]pmg and the complete mstallatIOn of water heaters, the mstallation ofp]pmg for transmISSIOn of chemIcals and gases, the installatIOn and removal of back flow preventIOn deVices; the mstallation of gas ranges, gas dryers and gas refngerators, steam and hot water heatmg system, process and mdustnal plpmg and related appurtenances whIch shall mclude the piping used for the transmiSSIOn of chemIcals and gases, the mstallatIOn ofbumers, p]pmg and controls ut]lIzmg gas, pIpe insulation and low voltage winng whIch does not exceed forty-eIght (48) volts and when such wmng is not enclosed m a condUIt or raceway (9) Mechanical contractor-Class 9lX. A mechamcal contractor, class 9 ~, shall be authonzed to do the followmg: mstallatlOn of warm aIr heating, all ductwork, ventilatIOn and evaporative coolmg; the mstallatIOn of gas p]pmg, burners, ventmg and controls, and extenor sheet metal, duct ]solatlOn, mstallatIOn of refngeratIOn systems and appurtenant coolmg towers; pipe mstallatlOn; and low voltage wmng whIch does not exceed forty-eIght (48) volts and when such wmng ]S not enclosed m a conduit or raceway (10) Electrical;;ignfH contractOl--Class lOX An electncal ~ contractor, class 10 X, shall be authonzed to do the followmg: mstallatlOn of electncal systems on resIdential and commercIal propertIes. ReqUIred to have a State of Colorado lssued Contractors a Masters hcense mstallatIOn of fire detectlOn, fire alam}, burglar a!O:rm, pneumatIc control and all sIb'11almg or control systems v;herc the electncal voltage docs not exceed forty elght (18) volts. ExceptIOn: Authonzed and franchIsed publIc utihty companIes. (11) Sign contractor-Class 11 XI A SIgn contractor, class 11 XI, shall be authonzed to do the following: mstallatIOn, replacement or mamtenance of all types of SIgnS. (12) Fire protection contractor-Class 12 XlI. A fire protectlOn contractor, class 12 xg:, shall be authonzed to do the followmg: a. Automatic fire suppreSSIon systems of all types. b Carbon dlOxIde systems. c StandpIpe systems and appurtenances. (13) Lawn sprinkler contractor-Class 13 Xlll A lawn sprinkler contractor, class 13 :Xm, shall be authonzed to do the followmg: installation of underground lawn spnnkler systems, mcluding backflow preventlon devIces and tapping the eXIstmg water servIce or mam. CRS 12-58-102 (14) Roofing contractor-Class 14 Xl-JZ A roofing contractor, class 14;.gv, shall be authonzed to apply roof covenng matenal to all structures. (15) Electrical signal contractor-Class 15 X. An electrical signal contractor, class 15 X, shall be authorized to do the following: installation of fire detection, fire alarm, burglar alarm, pneumatic control and all signaling or control systems where the electrical voltage does not exceed forty-eight (48) volts. Exception: Authorized and franchised public utility companies. (15) }.1unicipal contractor Class ,1. A lrcense to do ,york as a mUnIcIpal contractor, clasG A, shall be reqUlred for the installatlOn onhe follO'.vmg in the publrc way: a. 'Vater mams. b. Sewer mams. c. 'Vater and sewer serVIce hnes. d. Storm drams. e. Related structures. (Hi) Samc CklSS B. A lrcense to do work as a mUnIcIpal contractor, class B, shall be reqUIred for street, alley and other roadv;ay related construction III the jffiblrc way, mcluslVe of: a. Excavation, gradmg, levelIr:.g of sub grade. b. Compaction, rolling, grayelmg, asphalting, puvmg, curbing and drammg. c. ConstructlOn of curb, gutter, Sldev/alks, medians and other concrete structures or mstallatlons. d. Construction of traffic signal installatlOns. (17) Same Ctass C. .\ hconso to do work as a mumclpal contractor, class C, shall bo issued for, and hmlted to, the installation of water and se'.vcr service lmes mcludmb excuvatlOn, pipe placement, backfillmg and other operations as necessary m the pubhc way. (18) Same License limitations. The director ofpubhc works shall reYlew apphcatIons for mumclpal contractors' hcenses and shall indicate those contractors, which the apphcant has shown he IS quahfied to perform. Upon completlOn ofreyww, the director ofpubhc works shall then cause to be Issued a hcense limited as mdlcated. (b) Holders of certam of the hcenses may perform as If hcensed for certain of the other functIons in accordance With the following schedule: Licensed as May perform as Class I Class II, III, IV Class II Class III Class III Class IV Class }, Class C Section 2. SectlOn 5-121 of the Wheat RIdge Code of Laws IS amended as follows. The annual hcense fees for contractors hcense under the provlslOns of this article shall be paId m accordance WIth the following table: (1) Bmldmg contractor, Class 1 I--$150.00 (2) Building contractor, Class 2 R--$125 00 (3) Resldcntlal bmldmg contractor, Class 3 ill--$l 0000 (4) Bmldmg contractor, Class 4 W--$75 00 (5) Home owner buildmg contractor, Class 5 ;L--$75.00 (6) Structure movmg contractor, Class 6 :vI--$75.00 (7) DemohtlOn contractor, Class 7 .v+I--$75 00 (8) Plumbmg contractor, Class 8 ;z:rn--$1 00 00 (9) Mechamcal contractor, Class 9 .g.(:--$1 00 00 (10) ElectrIcal stgfrftl contractor, Class 10 X--No fee (11) SIgn contractor, Class 11 Xi--$75 00 (12) Fire protectIon contractor, Class 12 XfI--$75 00 (13) Lawn spnnkler contractor, Class 13 :xrn--$75 00 (14) Roofing contractor, Class 14 XW--$75.00 (15) Electrical signal contractor, Class 15--$75.00 (15) MUlllclpal contractor, Class A $200.00 (16) MumClpal contractor, Class B $150.00 (17) Mumcipal contractor, Class C $125.00 License fees are due wIth the lIcense applIcatIOn and are nonrefundable Nonissuance of lIcenses shall not entitle applIcant to a refund of fees paId. Section 3. SectIOn 5-125 (b) ofthe Wheat R1dge Code of Laws IS amended as follows. (b) Insurance. A certIficate lIability of insurance from an msurance company hcensed to do busmess m the state shall be filed WIth the CIty prior to Issuance of any class 1 -15 I XIII lIcense or any class A, B, C mumclpal hccnsc. The lImIts of such coverage shall mclude workers compensatIOn and employer's liabilIty m the amount of five hundred thousand dollars ($500,000 00) and general lIabilIty m the amount of six hundred thousand dollars ($600,000.00) two million dollars ($2,000,000.00) general aggregate and three hundred thousand dollars ($300,000.00) one millIon dollars ($1,000,000) for each occurrence. Section 4. SectIOn 21-11 of the Wheat RIdge Code oflaws IS amended as follows. (a) Permit required, compliance with regulations and specifications, application to city personnel. It shall be unlawful for any person to perform work wlthm the public way of the CIty for any purpose WIthout first havmg obtamed the permits and havmg paid the fees that are herein establIshed and Without complymg fully With the fees, regulations and specificatIOns ofthls city which are hereby established by thIS artIcle. No permIt shall be Issued to an applicant until said applIcant has been lIcensed by the city as prOVided m Section 21-21 chapter 5 of the Wheat Ridge Code of Laws. ThIS proVision shall not apply to work performed by city personnel m purSUit of theIr regular or assIgned dutles or to work performed by a person or entIty under a contract With the city. Section 5. SectIOn 21-21 of the Wheat Ridge Code of Laws IS hereby establIshed as follows: Section 21-21. Licenses and Fees. (a) The various classes of licenses issued under this article and the work authorized to be performed by the holder of the license are as follows: (1) Municipal contractor--Class A. A license to do work as a municipal contractor, class A, shall be required for the installation of the following in the public way: a. Water mains. b. Sewer mains. c. ""ater and sewer service lines. d. Storm drains. e. Related structures. (2) Same--Class B. A license to do work as a municipal contractor, class B, shall be required for street, alley and other roadway-related construction in the public way, inclusive of: a. Excavation, grading, leveling of sub-grade. b. Compaction, rolling, graveling, asphaIting, paving, curbing, draining, pot-holing and drilling. c. Construction of curb, gutter, sidewalks, medians and other concrete structures or installations. d. Construction of traffic signal installations. (3) Same--Class C. A license to do work as a municipal contractor, class C, shall be issued for, and limited to, the installation of water and sewer service lines including excavation, pipe placement, backfilling and other operations as necessary in the public way. (4) Same--License limitations. The director of public works shall review applications for municipal contractors' licenses and shall indicate those contractors, which the applicant has shown he is qualified to perform. Upon completion of review, the director of public works shall then cause to be issued a license limited as indicated. (b) Holders of certain of the licenses may perform as if licensed for certain of the other functions in accordance with the following schedule: I Class A I Class C (c) The annual license fees for contractors license under the provisions of this article shall be paid in accordance with the following table: (1) Municipal contractor, Class A--$200.00 (2) Municipal contractor, Class B--$150.00 (3) Municipal contractor, Class C--$125.00 License fees are due with the license application and are nonrefundable. Nonissuance of licenses shall not entitle applicant to a refund of fees paid. (d) lnsurance. A certificate liability insurance from an insurance company licensed to do business in the state shall be filed with the city prior to issuance of any Class A, B or C municipal contractor license. Said certificate shall name the city as policy holder or additional insured. The limits of such coverage shall include workers compensation and employer's liability in the amount of two hundred fifty thousand dollars ($250,000.00) per person and one million dollars ($1,000,000) per accident; and general liability coverage in the amount of two hundred fifty thousand dollars ($250,000.00) per occurrence and one million dollars ($1,000,000) general aggregate. (e) License and Permit Bond. A cash bond in the amount of ten thousand dollars ($10,000) shall be deposited with the city prior to issuance of any Class A, B or C municipal contractor licenses. The bond shall be held by the city to insure completion of any work permitted to the municipal contractor and to warrant any work performed under a license for a period of two years. An insurance compan:J performance and warranty bond acceptable to the director of public works may be substituted for the required cash bond. (Reserved SectIOns to be re-numbcred 21-22 - 21-29) Section 6. Safety Clause. The CIty Council hereby finds, determmes, and declares that thIS ordmance IS promulgated under the general pohce power ofthe CIty of Wheat RIdge, that It IS promulgated for the health, safety, and welfare of the pubhc and that thIS ordmance IS necessary for the preservatIOn of health and safety and for the protection ofpubhc convemence and welfare. The CIty Council further determines that the ordmance bears a ratIOnal relatIOn to the proper leglslatlVe object sought to be attamed. Section 7. SeverabIlity; Confllctmg Ordmances Repealed. If any sectlOn, subsectIOn or clause oftms ordmance shall be deemed to be unconshtutlOnal or otherwIse invahd, the vahdlty of the remammg sectlOn, subsections and clauses shall not be affected thereby All other ordmances or parts of ordmances in conflIct WIth the provlSlons of thIS ordmance are hereby repealed. Section 8. EffectIve Date. ThIS ordmance shall take effect ~ days after final pubhcatlOn. INTRODUCED, READ, AND ADOPTED on first readmg by a vote of 8 to 0 on thIS 22nd day of ~, 2006, ordered pubhshed in full m a newspaper of general Clrculatlon m the CIty of Wheat RIdge and Pubhc Heanng and conslderatlOn on final passage set for June 12, 2006, at 7'00 o'clock p.m., m the CouncIl Chambers, 7500 West 29th Avenue, Wheat RIdge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final readmg by a vote of _ to _, thIS _ day of ____ , 2006 SIGNED by the Mayor on thIS _ day of ,2006 JERRY DITULLIO, MAYOR ATTEST Pamela Y. Anderson APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st PublIcatIOn: 2nd PublIcatIOn: Wheat RIdge Transcript EffectlVe Date' ITEM NO: l REQUEST FOR CITY COUNCIL ACTION ~J COUNCIL MEETING DATE: June 12,2006 TITLE: COUNCIL BILL 12-2006: AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS, ENTITLED LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS, SPECIFICALLY CODE SECTION 11-170 CONCERNING THE REGULATION OF PAWNBROKERS cg] PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS o ORDINANCES FOR 1ST READING (Date') cg] ORDINANCES FOR 2ND READING Quasi-Judicial. o Yes [8J No City~' City Attorney EXECUTIVE SUMMARY' Amends Chapter 11 of the Code of Laws by amending the defimtions of "Contract for purchase", '"Fixed price," and "Fixed time" to make them consistent With state statutes regardmg the regulation of pawnbrokers. In 2005, the state statute was amended to reduce the "Fixed time," that IS, time during which an option to cancel the contract can be exercised, from 90 days to 30 days. It was also modified to increase the "Fixed price," that is, the ceiling on the amount to cancel a contract for amounts of $50 or more, from 1/IOth to 1/5th the original pnce per month plus the original purchase pnce. STATEMENT OF THE ISSUES: The City's ordinance regarding the regulatIOn of pawnbrokers tracked the state statues on pawnbrokers (C R.S ~ 12-56-101 ef seq.) until those statutes were amended m 2005 The proposed amendments will conform the City's ordinance to the state statute. COMMISSION/BOARD RECOMMENDATION: N/A ALTERNATIVES CONSIDERED: N/A FINANCIAL IMPACT: The City will incur no additional expenses as a result of this amendment. RECOMMENDED MOTION: "I move to approve Council Bill 12-2006 An Ordinance Amending Chapter II of the Wheat Ridge Code of Laws, Entitled Licenses, Permits and Miscellaneous Business Regulations, Specifically Code Section 11-170 Concerning the Regulation of Pawnbrokers on second reading, and that It take effect 15 days after final publication." or, "I move to table indefimtely Council Bill 12-2006: An Ordinance Amending Chapter II of the Wheat Ridge Code of Laws, Entitled Licenses, Permits and Miscellaneous Business Regulations, Specifically Code Section 11-170 Concerning the RegulatIOn of Pawnbrokers for the following reason( s) " Report Prepared by: Gerald Dahl, City Attorney (303) 493-6670 Reviewed by' Dan Brennan, Police Chief Attachments: I Council Bill 12-2006 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SANG Council Bill No 12 Ordinance No Series of 2006 TITLE. AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS, ENTITLED LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS, SPECIFICALLY CODE SECTION 11-170 CONCERNING THE REGULATION OF PAWNBROKERS WHEREAS, the City Council of the City of Wheat Ridge, Colorado (the "City"), desires to amend Article VII of Chapter 11 of the City's Code of Laws, which concerns the regulation of pawnbrokers within the City NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO' Section 1. The following definitions in Section 11-170 are hereby amended as follows Contract for purchase A contract entered into between a pawnbroker and a customer pursuant to which money is advanced to the customer by the pawnbroker on the delivery of tangible personal property by the customer to the pawnbroker on the condition that the customer, for a fixed price and within a fixed period of time, oot--te eXE;~d Itfnety{90) d3ysTO BE NO LES_~ THAN THIRTY (30) DAYS, has the option to cancel the contract and recover from the pawnbroker the tangible personal property Fixed price The amount agreed upon to cancel a contract for purchase during the option period Said fixed price shall not exceed,- H+-GRe-ttmtR of tho Gfigin31 price for o3ch-meHth, plus the origin31 purch3se price -BR ameurnsof fifty dol13rs ($5000) or OVBF-Bf (2) Ogne-fifth of the original purchase price for each month, plus the original purchase price--oo.amoont&tlfKler fifty dollars ($50.001 Fixed time. That period of time,not to exceed ninety (90) days TO BE NO LESS THAN THIRTY (30) DAYS, as set forth in a contract for purchase, w#t)in 'Nhich the custBmef nt3Y exerciseFOR an option to cancel the contract for purchase Section 2. Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public ATTACHMENT 1 and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained Section 3. Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of R to o on this 22nd day of May , 2006, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Jl1np 17 . 2006, at 7 00 o'clock p.m, in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2006 SIGNED by the Mayor on this day of .2006. Jerry DiTullio, Mayor ATTEST Pamela Anderson, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication May 25, 2006 Second Publication. Wheat Ridge Transcript Effective Date 2 ITEM NO: 5, REQUEST FOR CITY COUNCIL ACTION ~ '~$~' ] Ccc ~1~ In ~_..._..- --- COUNCIL MEETING DATE: June 12,2006 TITLE: COUNCIL BILL 13-2006: AN ORDINANCE ADOPTING A NEW ARTICLE X OF CHAPTER 11, CONCERNING THE LICENSING OF MASSAGE THERAPISTS AND MASSAGE THERAPY CENTERS, AND REPEALING ARTICLES X AND XI OF CHAPTER 16, CONCERNING MASSAGE PARLORS AND MASSAGE THERAPY PRACTICE. o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS [8J ORDINANCES FOR 1 ST READING o ORDINANCES FOR 2ND READING QuasI-Judicial. [8J No City ~C>..,)'1 EXECUTIVE SUMMARY: The eXisting massage ordinance is in Section 16 of the MuniCipal Code under miscellaneous violations. The proposed ordinance would adopt a new article in Section 11 of the Municipal Code which pertains to licensing. The City's current code, concernmg massage parlors and massage therapy practice, is based on State statute which was written when massage was a novelty often associated With prostitution. The massage therapy profession has since emerged as a valid form of alternative health care promoted by traditional medical providers. Now more than ever, massage therapy professionals are recognized as caregivers who holistically contribute to the health and well-being of society as a whole. It is time massage therapists be moved from the dark and obscure realm of presumed crime to the daylight of legitimate business licensing and accorded the official respect they have earned by formalizing professional education and improving the profession and its accountability via recognized professional orgamzations similar to those for other professions. This agenda item was presented for discussion at the May 1, 2006 City Council Study Session and consensus was carried to bring the ordinance forward to a regular City Council meeting. Since the Study Session, Section 11-240 was added to the proposed ordinance to address the question of providers of free or tips or donatIOns only chair massage at public special events, reqUiring those not licensed in the City to provide proof of license from other cities as temporary credentials for the duration of the event only Attachment #1 Illcludes a memorandum distributed as part ofthe May 1, 2006 Study Session. Both the City and the profession worked in concert to aITlve at language that works for all concerned. All massage licensees on record as ofJanuary 5, 2006 were invited to join the process and/or submit written comment. Correspondence received by the City is included as Attachment #2. This Council Bill meets the City Council goal of "Strong Partnership between City and Commumty" by appropriately involving citizens in policy development and providing an open and transparent City government. In addition, realignlllg the application and license fee closer to the actual costs of staff time meets the goal of "Creating a Sustainable City Government" by providing adequate revenues to support de tined services and service levels. COMMISSION/BOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: The current locatIOn of the massage hcensing code is located III Section 16 which pertains to offenses. ThiS placement not only presumes cnme, but it makes It dJt'ficult for people to locate the code. The current code permits adult-entertainment massage establishments; the proposed recognizes the nature of massage as alternative medicine and proposes to govern it as such, disallowmg uneducated and uncertitled practice which may be harmful to citizens and visitors. The current code does not call for official identitlcation and insurance of practitioners; the proposed does III order to streamline enforcement and offer basic assurance to consumers that minimal quality of service has been verified. ALTERNATIVES CONSIDERED: Maintain the current code. FINANCIAL IMPACT: Application fees will increase to $100 and $180 for mdividual therapists and multiple therapist centers, respectively, to cover what was conservatively determined to be the costs of advising, provldmg and processing applications through the tax and police departments and will not be subject to refund. Current hcensees will not be reqUired to reapply except where a hcense has lapsed. Licensing fees will mcrease to $40 and $70 per year for mdlvidual therapists and multiple therapist centers, respectively, to offset what was conservatively determmed to be the costs of providing ID, license, reporting advisement, oversight and enforcement. Current hcensees, presently 84 combined, WIll be subject to these fees upon renewal on January 1, 2007 RECOMMENDED MOTION: "I move to approve Council Bill 13-2006, An Ordmance Adopting a New Article X of Chapter 11, Concerning The Licensing of Massage Therapists and Massage Therapy Centers, and Repealing Articles X and XI of Chapter 16, Concernmg Massage Parlors and Massage Therapy Practice, on first reading, order it published, public hearing set for June 26, 2006, at 7:00 p.m. in the City Council Chambers and that It take effect January 1, 2007." or, "I move to table indetlnitely Council Bill 13-2006, An Ordinance Adopting a New Article X of Chapter 11, Concerning The Licensing of Massage Therapists and Massage Therapy Centers, and Repeahng Articles X and XI of Chapter 16, Concerning Massage Parlors and Massage Therapy Practice for the following reason( s) Report Prepared by: Reviewed by' Kathy Franklin, Sales Tax Auditor Patrick Goff, Deputy City Manager Attachments: 1. April 26, 2006 Memorandum 2. Correspondence a. February 9, 2006 letter from Maureen K. Morgan, CMT b. May 22, 2006 letter from Standley Lake Massage Therapy, Inc. 3 Council Bill 13-2006 ITEM 3. May 1, 2006 Study Session City of Wheat Ridge Office of the City Manager Memorandum TO: Randy Young, City Manager FROM: Kathy Frankllll, Sales Tax Auditor ~ THROUGH: Patrick Goff, Deputy City Manager DATE: April 26, 2006 SUBJECT: Ordinance Concerning Licensing of Massage Therapists and Massage Therapy Centers The attached draft ordinance concerns repeal of the existing massage ordinance now obscured in Section 16 ofthe Municipal Code under miscellaneous violations, and replacement of it with a new one in Section 11, pertaimng to licensing. The current code IS based upon the State statute which was written at a time when massage was a novelty often associated with prostitution. The massage therapy profession has since emerged as a valid form of alternative health care promoted by traditional medical providers. Now more than ever, massage therapy professionals are recognized as care-givers who hohstically contribute to the health and well-being of society as a whole. It is time massage therapists be moved from the dark and obscure realm of presumed CfIme to the daylight oflegitimate business licensing. The proposed ordinance also simplifies the law. If a license is not issued, this means no massage services for pay of any kind, excepting doctors and similar. It sets forth clearly the requirements for hcensing including education and background, and for remaining in good standing and keeping the license. It also provides for multi-therapist practices to aVOid the question of parlors, which has been badly misconstrued for years. The proposed ordinance will legally disallow adult entertainment-style massage parlors as State law permits. Both the City and the profession worked in concert to arrive at language that works for all concerned. All massage licensees on record as of January 5, 2006 were Illvited to join the process and/or submit written comment. Two therapist-business owners, Christopher White and Dean Hasse, participated actively. Kathryn Stewart of the American Massage Therapists' Association, Les Sweeney and Karen Lanigan of the Institute of Bodywork and Massage Professionals were deeply involved. Also participating was Dennis Simpson, proprietor of the Colorado School of Healing Arts, who has preVIOusly advised other local cities on the subject. A letter from Maureen K. Morgan, CMT IS attached to this memorandum. City personnel who participated were the Sales Tax Department and Police Commanders Wade Hammond and Joe Cassa. This is a much needed overhaul to keep ahead of the changing texture of small business. If not ground- breaking, it's well in the forefront of the movement toward recognizing the validity of a recently emerged profession and governing it as such. ATTACHMENT 1 ~. February 9, 2006 To Whom It May Concern I was not able to make the meeting Thursday, Feb. 9th, and would like to give my thoughts about massage therapy in Wheat Ridge I have been a Certified Massage Therapist (CMT) since March of 1997. I graduated with 680 hours from Colorado School of Healing Arts and since have acquired over 1000 hours Annually I purchase Liability insurance from IMA (International Massage Association) and a general massage license from the City of Wheat Ridge I have been a part of a massage practice in Wheat Ridge since 1999 The business name is Massage Therapy Associates I feel that our establishment is a business We have worked and established our business with the city and should be considered a business and NOT a parlor. Which to me sounds condescending? I am not a LMT (Licensed Massage Therapist) or Nationally certified but feel I am very qualified to practice Being licensed should NOT be a qualification for practicing massage therapy in Wheat Ridge Taking a test and paying the state for an additional license would not make me a better therapist. Possible qualifications for practicing massage in Wheat Ridge. 1) Graduation from an accredited school with transcripts 2) Proof of liability insurance 3) General massage license from the city Thank you for considering my suggestions Sincerely, '.1n C\A.L \.G ,,~\, ftt:'(.~t<L, {Ar ; Maureen K. Morgan, CMT ATTACHMENT 2 Standley Lake Massage Therapy, Inc. Since /982 May 22, 2006 City of Wheat Ridge City Council 7500 W. 29th Ave. Wheat Ridge, CO 80033 RE: Proposed Massage Therapy Ordinance To Whom It May Concern' I am writing in support of the proposed massage therapy ordinance. I am the co- chair of the Colorado American Massage Therapy Association's Government Relations Committee. I have been working with Kathy Franklin and Commander Wade Hammond and other members of the task force on drafting this ordinance. The group has been extremely effective at meeting the needs of massage therapists, the city, and the police department. In its current version, Colorado American Massage Therapy Association's Government Relations Committee recommends this ordinance for passage as an good step forward from the previous ordinance. I encourage you to pass this ordinance. Sincerely yours, ~~ Kathryn Stewart, Nationally Celtified Massage Therapist Co-Chair, AMTA CO Government Relations Standley Lake Massage Therapy, Inc.-ovmer In busmess since 1982 8725 Wadsworth Blvd., Suite A . Arvada, CO 80003-0922 Phone 303 - 425-7298 · Fax: 303-940-8330 · Website. www standleylakemassage.com CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No 1]. Ordinance No Series of 2006 TITLE. AN ORDINANCE ADOPTING A NEW ARTICLE X OF CHAPTER 11 , CONCERNING THE LICENSING OF MASSAGE THERAPISTS AND MASSAGE THERAPY CENTERS, AND REPEALING ARTICLES X AND XI OF CHAPTER 16, CONCERNING MASSAGE PARLORS AND MASSAGE THERAPY PRACTICE. WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision of the State of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter"), and WHEREAS, pursuant to its home rule authority generally and Article 48 5 of Title 12 of the Colorado Revised Statutes specifically, the City possesses the authority to regulate and license the practice of massage within the City; and WHEREAS, the City has previously adopted provisions concerning massage parlors and massage therapy, codified as Articles X and XI of Chapter 16 of the Code of Laws of the City of Wheat Ridge (the "Code"), and WHEREAS, the City has also previously adopted provisions concerning the licensing of businesses within the City, codified at Chapter 11 of the Code; and WHEREAS, the City Council finds and determines that over the course of the past several years, the practice of massage has made great strides in professionalism as well as secured a legitimate place in the health care industry; and WHEREAS, the City Council therefore desires to repeal those Articles previously adopted concerning massage parlors and massage therapy and to adopt new regulations concerning massage therapy and codify the same within Chapter 11 of the Code NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO Section 1. Chapter 11 of the Code is hereby amended by the addition of a new Article X, to read in its entirety as follows ATTACHMENT 3 ARTICLE X. MASSAGE SERVICES Sec. 11-230. Definitions. For purposes of this Article, the following definitions apply. Conspicuous place In a massage therapy center or licensed premises of a massage therapist, any place within the general reception area, at eye level and not obscured by anything at any time, for individual massage therapists in a massage therapy center, a place at eye level on the outside of a treatment room door and not obscured by anything at any time, is also acceptable Licensed premises. Subject to zoning, the premises specified in an approved application for a Massage Therapy Center License, or in an approved application for a Massage Therapist License for a sole practitioner, which is owned or in the possession of the licensee and within which such licensee is authorized to carry on the practice of massage therapy or receive requests for the supplying of massage therapy Subject to zoning, the licensed premise of a sole practitioner may be their home Loca/licensing authority The Sales Tax Division of the Administrative Services Department is the designated local licensing authority pursuant to C R.S ~ 12-485-103(3) Massage' Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft tissue of the body with the hands or other parts of the human body or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations used in this practice Massage therapist: A person, 18 years or older, who has graduated from a massage therapy school accredited by the state educational board or division charged with the responsibility of approving private occupational schools, or from a school with comparable approval or accreditation from another state with transcripts indicating completion of at least five hundred (500) hours of training in massage therapy For the purposes of this Article, a massage therapy school may include an equivalency program approved by the State educational board or division charged with the responsibility of approving private occupational schools 2 Massage therapy center Any establishment where more than one massage therapist engages in, carries on or permits to be engaged in or carried on any of the activities under the definition of massage in this Article, or where or any person, firm, partnership, association or corporation permits to be engaged in or carried on any of the activities under the definition of massage in this Article Nonresident massage therapist: A person who holds a valid and current license to practice massage outside the City of Wheat Ridge issued by a qualified local licensing authority as defined by C R.S ~ 12- 48 5-103(3) Normal scope of practice' Actions which are 1) as applicable to state regulated professions and institutions, recognized by state regulatory authorities as usual and acceptable components of service or care, or 2) as applicable to athletic trainers, usual and commonly accepted components of service or care which are not in violation of any state or local law Off premises massage Massage therapy performed outside the licensed premises of a sole practitioner or of a massage therapy center Professional association' A nationally recognized association or organization for the advancement and self-governance of the massage therapy profession, having an actively enforced code of ethics. Public special event: An event to which admission or access is open to members of the general public and which has obtained City approval in the form of a license or permit issued under this Chapter 11 Sec. 11-231. License Required. It shall be unlawful for any person to offer or perform massage in the City of Wheat Ridge for pay of any kind, received directly or indirectly, without first obtaining a Massage Therapist License, and it shall be unlawful to operate a massage therapy center in the City of Wheat Ridge without first obtaining a Massage Therapy Center License, except for the following classes of persons. (a) Physicians, osteopaths, physical therapists, chiropodists, podiatrists, or chiropractors licensed by the State of Colorado, their offices and clinics, and all persons working in their offices and clinics under their supervision and direction while performing within the normal scope of practice 3 (b) Hospitals and all persons employed by institutions and establishments licensed by the State of Colorado as hospitals while acting within the normal scope of practice in the premises of the hospital or institution so licensed (c) Registered nurses and licensed practical nurses performing massage services within the normal scope of practice (d) Aestheticians, cosmetologists, manicurists and barbers duly licensed under the laws of this State, acting within the normal scope of practice (e) Trainers of any recognized amateur, semi-professional, or professional athlete or athletic team acting within the normal scope of practice (f) Acupuncturists licensed by the State of Colorado performing massage therapy services within the normal scope of practice (g) Students of state accredited or state approved educational facilities located within the City or interns acquiring field hours at licensed premises within the City must be supervised and coordinated by a designated school employee with appropriate instructor qualifications. Externships/internships should be based on a written training plan which specifies the students' goals, as well as the experiences and applications to be accomplished The training plan must designate an on-site supervisor who will guide and oversee the students' learning experiences and participate in the students' evaluations Externs/interns are subject to the following (1) Attire requirements are the same as for a City licensed massage therapist or massage therapy center employee (2) The student must have an official photo student ID issued by a state accredited or state approved educational facility readily available for inspection (3) A copy of the written training plan agreement between the training provider and the state approved educational facility must be on file at both the educational facility and the training site and readily available for inspection 4 Sec. 11-232. Application for License. (a) The applicant(s) shall be subject to the following' (1) Insurance Required License holders are required to maintain the following a. Proof of professional liability insurance to engage in the practice of massage therapy with a minimum combined single limit of liability for bodily injury and property damage of one million dollars ($1,000,00000) per occurrence and in the aggregate obtained independently or through membership in a professional association b Failure to maintain such insurance for the duration of the license or to show such evidence on request shall be cause for immediate revocation of the license (2) Massage Therapy Center Ownership interest in a proposed or licensed Massage Therapy Center must be disclosed at the time of application or license re-qualification on a separate and confidential statement as follows for the purposes of criminal background investigation as provided for later in this subsection a. Associations and corporations: For all officers and holders of 5% or more of the stock in a corporation, provide the full legal name, physical home address and social security number. b Partnerships and non-corporate firms: For all partners or owners provide the full legal name, physical home address and social security number c. Update required: Any change in ownership that is required to be disclosed in the preceding phrases must be reported in writing to the City within 45 days. (b) Education (1) The applicant for a Massage Therapist License must provide complete disclosure of his or her education and experience as a massage therapist. a To obtain a Massage Therapist License the applicant must be at least 18 years old and have graduated from a massage therapy 5 program or school accredited or approved by the State Educational Board or division charged with the responsibility of approving private occupational schools, or from a school with comparable approval or accreditation from another state, and must present original sealed transcripts indicating completion of at least five hundred (500) hours of training in massage therapy I. Transcripts will be kept on file for all approved applications II Transcripts will be returned if an application is denied b For the purposes of this Article, a massage therapy school may include an equivalency program approved by the State Educational Board or division charged with the responsibility of approving private occupational schools (2) The applicant(s) for a Massage Therapy Center License are not required to meet the massage therapist educational requirements, but are subject to all other requirements (c) Criminal Background (1) The applicant(s) shall be required to submit to a police background investigation as part of the application process Sec. 11-233. Special Conditions and Restrictions of the License. In addition to the requirements of Section 11-232 of this Article, the following additional licensee requirements shall apply' (a) Good Character Required No applicant with a felony record or who has been convicted of a charge regarding moral turpitude, solicitation, fraud, dishonesty, gross negligence or incompetence is eligible to obtain a Massage Therapist License or Massage Therapy Center License (b) Display of License Every Massage Therapy Center and Massage Therapist licensee shall display a valid license in a conspicuous place within the Massage Therapy Center or other licensed premises so it may be readily seen by persons entering the premises (c) City ID Required 6 (1) Every licensed massage therapist shall carry or have readily available a City of Wheat Ridge Massage Therapist identification card at all times when offering or performing massage (2) The photo ID must be renewed each year with license renewal (3) The photo ID shall at all times be the property of the City and must be surrendered upon revocation or voluntary termination of license (d) Sanitary Requirements All licensed premises must be maintained in a clean and sanitary manner (e) Attire (1) All persons providing massage therapy and all employees of a massage therapy center must be fully clothed at all times. (2) Clothing shall be of a fully opaque, non-transparent material and shall provide complete covering from at least mid-thigh to no more than two inches below the collarbone The midriff and the arm pits may not be exposed (f) City's Right to Inspect: Excepting exigent circumstances in the course of law enforcement activities, a City representative may inspect the licensed premises upon making an appointment no less than 24 hours in advance Sec. 11-234. Expiration and Renewal of License. (a) Expiration The Massage Therapist License and the Massage Therapy Center License shall expire on December 31 of each calendar year but shall be subject to the grace period allowed all licensees ending on February 1 of the following year (1) An expired Massage Therapist License or Massage Therapy Center License shall be subject to re-qualification in the same manner as the application for license set out in Section 11-232 if the licensee intends to continue performing massage in the City (2) Re-qualification shall be subject to the same application fees as a new application (b) Renewal Notice A renewal notice shall be sent to each licensee no less than 30 days prior to the expiration of the license 7 (c) Proof of Insurance A copy of current proof of insurance as specified in Subsection 11-232(a)(1) is required for renewal and shall be presented at that time Sec. 11-235. More Stringent City Standards Prevail. The City recognizes the provisions of Title 12, Article 485 of the Colorado Revised Statutes as applicable within the City The standards for the licensing of massage services set forth in this Article are intended to be more stringent than the minimum standards set forth in Title 12, Article 485 of the Colorado Revised Statutes In the event of any conflict between the provisions of this Chapter and the provisions of said Title 12, Article 48 5, the more stringent requirement shall apply Sec. 11-236. Fees. Fees for the applications and licenses provided for in this subsection are payable at the time of application, renewal or re-qualification as follows (a) Application fees. (1) Massage Therapist: $100 (2) Massage Therapy Center' $180 (3) Background as set by the Federal Bureau of Investigation and the Colorado Bureau of Investigation Fingerprint analysis fees are in addition to application fees and are payable directly to the analyzing agencies (Colorado Bureau of Investigation and Federal Bureau of Investigation) at the rates established by them (b) Licensing fees' (1) Massage Therapist: $40, includes photo ID (2) Massage Therapy Center' $70 (c) Replacement of lost photo ID fee $10 (d) Refunds and pro-rations 8 (1) Application fees provided for in this subsection are not subject to refund or pro-ration (2) Prepaid licensing fees shall be refunded upon denial of an application for a new or re-qualified license (3) Initial licensing fees are to be reduced by half if application occurs after September 30 Sec. 11-237. Massage Services Licenses Additional to All Other Licenses. Licenses provided for in this subsection are in addition to any and all other licenses required by the City and are contingent upon those licenses also remaining active and in good standing Sec. 11-238. Revocation of License. (a) Any violation of the provisions of this Article shall be cause for revocation of any license issued under this Article (b) Any falsification of information in the application or criminal background investigation authorization document shall be cause for revocation of any license issued under this Article (c) Revocation of the City sales and use tax license shall be cause for revocation of any license issued under this Article (d) The violation of any provision of Title 12, Article 48 5, C R.S shall be cause for revocation of any license issued under this Article (e) Any revocation proceeding pursuant to this Section 11-238 shall meet the minimum procedural requirements of C R.S S 12-485-107, as existing or hereafter amended Sec. 11-239. Public Roster. (a) For the purpose of professional self-policing, a roster of the names of all licensees and of the addresses of all licensed premises under this Article shall be available upon request and free of charge to all licensees under this Article 9 (b) A roster of the names of all licensees and of the addresses of all licensed premises under this Article shall be available upon request but at a nominal fee of $5 to the general public (c) A roster of the names of all licensees and of the addresses of all licensed premises under this Article shall be posted on the official website of the City and updated no fewer than four times a year Sec. 11-240. Public Special Events; Nonresident Massage Therapists Permitted. (a) Notwithstanding any other provision of this Article, a Nonresident Massage Therapist may offer and perform chair massage at a Public Special Event in the City of Wheat Ridge without first obtaining a City Massage Therapist License as provided by this Section (1) A Nonresident Massage Therapist may submit a written request to offer and perform massage at a Public Special Event to the Local Licensing Authority no later than thirty (30) days prior to the event. The written request must be accompanied by a copy of the therapist's massage license issued by another jurisdiction and proof of insurance meeting the requirements of Section 11-232(a)(1) (2) The Local Licensing Authority shall process a complete written request and provide written notice of approval or denial no later than ten (10) days prior to the Public Special Event. The Authority shall deny a request upon a finding that: The massage license issued by another jurisdiction is counterfeit, under suspension or otherwise invalid, 11 The minimum insurance requirements are not met; or III The written request or any of its accompanying documentation contains false information (b) Any Nonresident Massage Therapist authorized to perform chair massage at a Public Special Event pursuant to this Section must carry with him or her a copy of the City's written approval and make the same available for inspection upon reasonable request at all times he or she is offering or performing massage at such event. 10 (c) Authorization to offer and perform massage under this Section is specifically limited to chair massage Table massage is prohibited at all Public Special Events (d) It shall be unlawful for any person to offer or perform chair massage at a Public Special Event without first obtaining a Massage Therapist License from the City or written authorization as a Nonresident Massage Therapist pursuant to this Section. Secs. 11-241 -11-249. Reserved. Section 2 Article IX of Chapter 11 of the Code is hereby amended by the addition of Sections 11-227 through 11-229, designated as "Reserved" Section 3 Chapter 16 of the Code is hereby amended by repealing Articles X and XI, inclusive, in their entirety Section 4. Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained Section 5 Severabilitv: Conflictinq Ordinances Repealed If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed Section 6 Effective Date This Ordinance shall take effect January 1, 2007 INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this _ day of , 2006, 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 , 2006, at 7 00 o'clock pm., 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 , 2006 11 SIGNED by the Mayor on this ATTEST Pamela Anderson, City Clerk First Publication Second Publication Wheat Ridge Transcript: Effective Date day of ,2006 Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney 12 CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO.2. PUBLIC BEARING BEFORE THE WHEAT RIDGE CITY COUNCIL CASE NO. COUNCIL BILL NO. 10-2006 TITLE: COUNCIL BILL NO 10-2006 - AN ORDINANCE ADOPTING AMENDMENTS TO THE INTERNATIONAL BUILDING CODE, AS PREVIOUSLY ADOPTED BY REFERENCE, THE INTERNATIONAL RESIDENTIAL CODE, AS PREVIOUSLY ADOPTED BY REFERENCE AND SECTION 26-207 (A)(3) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE EXPIRATION OF BUILDING PERMITS. YOUR NAME AND ADDRESS CHECK IN FAVOR OPPOSED ~ IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGE I CITIZENS' RIGHT TO SPEAK DATE: June 12, 2006 ANY PERSON MAY SPEAK ON MATTERS FOR A MAXIMUM OF THREE MINUTES, UNLESS ADDITIONAL TIME IS GRANTED BY AGREEMENT OF COUNCIL. 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