HomeMy WebLinkAbout08/28/2006
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6:30 p.rn, Pre-Meeting
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CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
August 28, 2006
7:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF August 14, 2006
CITIZENS' RIGHT TO SPEAK
1. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of
3 Minutes and sign the Public Comment Roster.
- 2 Citizens who wish to speak on Agenda Items, please sign the GENERAL
AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is
called to be heard.
APPROVAL OF AGENDA
Item 1,
-
CONSENT AGENDA:
A, Renewal of Award RFP-04-38 Forestry Maintenance Services to
various firms in the total amount of $26,207 00
B Award ITB-06-50 Randall Park Irrigation Project to Colorado
Designscapes, Inc. in the total amount of $59,761.90
C Award RFP-06-24 Copier Machine Rentals to IKON Office Solutions,
Inc. in the total amount of $65,000.
D. Approval of the Settlement Agreement addressing issues raised by the
Local Government Intervenors in the Public Service Company Quality
of Service Application before the Colorado Public Utilities Commission.
E RESOLUTION 41-2006 - APPROVING AN INTERGOVERNMENTAL
AGREEMENT (IGA) WITH THE METRO WASTEWATER
RECLAMATION DISTRICT FOR THE RELOCATION OF
WASTEWATER FACILITIES AT YOUNGFIELD STREET AND 40TH
AVENUE
- -----
CITY COUNCIL AGENDA: August 28, 2006
Page -2,
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
Item 3,
COUNCIL BILL 19-2006 - AN ORDINANCE AMENDING SECTION 26-
623 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING
EXCAVATION AND DEPOSIT CONTROL.
COUNCIL BILL 20-2006 - AN ORDINANCE AMENDING SECTIONS 26-
204 AND 26-613 OF THE CODE OF LAWS TO INCLUDE MASSAGE
THERAPY
ORDINANCES ON FIRST READING
Item 4,
Rocky Mountain Bottling
a RESOLUTION 40-2006 - FINDING A PETITION FOR ANNEXATION
OF A PARCEL OF LAND LOCATED IN SECTIONS 15 AND 16,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO
BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1),
COLORADO REVISED STATUTES AND SETTING A HEARING
DATE TO CONSIDER THE ANNEXATION
b COUNCIL BILL 18-2006 - AN ORDINANCE ANNEXING TO THE
CITY OF WHAT RIDGE UNINCORPORATED TERRITORY KNOWN
AS PARCEL 8, ARVADA RIDGE, LOCATED IN JEFFERSON
COUNTY
c, COUNCIL BILL 21-2006 - AN ORDINANCE ESTABLISHING
PLANNED INDUSTRIAL DEVELOPMENT ZONING ON PROPERTY
UNDER CONSIDERATION FOR ANNEXATION LOCATED EAST OF
10619 WEST 50TH AVENUE AND FOR APPROVAL OF AN OUTLINE
DEVELOPMENT PLAN,
(Case No WZ-06-01)
-
DECISIONS, RESOLUTIONS. AND MOTIONS
Item 5.
Wheat Ridge Foundation Board of Directors Appointment.
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
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CITY OF WHEAT RIDGE, COLORADO
August 14, 2006
Mayor DiTullio called the Regular City Council Meeting to order at 7'00 p m Councilmembers
present: Karen Adams, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, Mike Stites,
and Terry Womble. Councilor Karen Berry was absent. Also present: City Clerk, Pamela
Anderson, City Manager, Randy Young, City Attorney, Gerald Dahl; Director of Community
Development, Alan White, Director of Public Works, Tim Paranto, staff; and interested citizens.
APPROVAL OF MINUTES OF Julv 24.2006
Motion by Mr Gokey for approval of the Minutes of July 24, 2006; seconded by Mr Womble,
carried 7-0
PROCLAMATIONS AND CEREMONIES
Mayor DiTullio read the Proclamation for the Annual Carnation Festival Week - August 12-
19, 2006 and presented it to Councilor Terry Womble as a member of the Carnation Festival
Committee
-
CITIZENS' RIGHT TO SPEAK
Jeff Lamontagne and Ken Wiig spoke on behalf of the Second Wind Foundation and
Fund, which was established for services for at-risk youth for suicide The Second Wind
Foundation sponsors the 5K-1 K Race in Lakewood on September 24th at Green
Mountain High School.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1,
COUNCIL BILL 17-2006 - AN ORDINANCE PROVIDING FOR THE
APPROVAL OF AN AMENDMENT TO AN OUTLINE DEVELOPMENT
PLAN FOR PROPERTY ZONED PLANNED COMMERCIAL
DEVELOPMENT (PCD) FOR PROPERTY LOCATED WEST OF 1-70,
SOUTH OF STATE HIGHWAY 58 AND NORTH OF WEST 32ND
AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE
OF COLORADO.
(Case No WZ-06-03) (Coors Brewing Company and Cabela's)
a Rezoning/Outline Development Plan
b Final Development Plan
c. Final Plat
CITY COUNCIL MINUTES. August 14, 2006
Page -2-
Mayor DiTullio opened the public hearing.
Council Bill 17 -2006 was introduced on second reading by Mr. Stites and he read the
executive summary. City Clerk Pamela Anderson assigned Ordinance No 1367
Mayor DiTullio administered an oath to all persons who wish to testify during the public
hearing.
Travis Crane of the Community Development Department presented the staff report,
Mayor DiTullio accepted the case file packet & materials, digital presentation,
comprehensive plan, and zoning ordinance for the record. He submitted elements of the
Outline Development Plan, Final Development Plan, and Final Plat including but not
limited to the architectural design requirements, lighting standards, pedestrian
connections, and traffic study.
Carolynne White, Land Use Counsel for Brownstein, Hyatt and Farber, testified on
behalf of Cabela's, the applicant. She introduced the other individuals present to testify
on behalf of the applicant. Ms White testified to the merits of the outline development
plan, the final development plan, and the final plat. She detailed the public outreach
undertaken by Cabela's and stated that the applicant has met or exceeded all code
requirements, This will assist the City in meeting their goals in the Comprehensive Plan
including economic development.
Kevin Rhodes, Director of Real Estate for Cabela's, testified for the applicant. He -
thanked the Mayor and City Council for the opportunity and for their deliberation.
Cabela's is committed to this project and they will do everything they can to see that it
comes to fruition.
Mark Kieffer, Principal of Norris Design, testified on behalf of the applicant. He
addressed elements of the plans including lighting, pedestrian improvements,
landscaping, and architectural design
Christopher Fasching, of Felsberg, Holt, & Ullevig, testified on behalf of the applicant
regarding the traffic impacts and improvements for the proposed development. He
stated that the project brought a lot of attention to the existing traffic woes. He spoke of
the process including the traffic study and the pending environmental assessment. He
addressed traffic impacts, and detailed the planned improvements including the 1-70
and SH-58 interchange, the SH 58 improvements, the 40th Avenue underpass,
reconfiguration of 1-70 and 32nd Avenue, the widening of 32nd Avenue, and the widening
of Youngfield Avenue
CITY COUNCIL MINUTES. August 14, 2006
Page -3-
Flora Andrus, 4790 Easley Road, Golden, representing Fairmont Improvement
Association, thanked the City of Wheat Ridge, Cabela's and Coors She asked that
traffic signage and signals be provided on 44th Avenue to make sure that the traffic will
go right or left on 44th and it not go north into the community. They also asked that the
noise and emissions from truck traffic be controlled.
Ken Sanchez, 8226 Teller Court, Arvada, testified on behalf of the Mountain West
Regional Council of Carpenters. He represents 1400 Union Carpenters in the Metro
Area They applaud the work that has been done to bring Cabela's to Wheat Ridge. He
stated the association's support of Cabela's and asked that the Council watch their
selection of a general contractor that will provide a living wage, health care, workers
compensation, and a verifiable safety record He would like that the contractor that is
selected uses a level playing field He does not think that only a union contractor can
provide these objectives, but that a union contractor will provide all of these objectives.
Amelia Adams, 13528 W 23'd Place, Golden, stated that the organizations have been
most conciliatory, but she is here as an individual to say that there is something wrong
with the way we administer the use of our property. She saw many properties within
Wheat Ridge that could have been redeveloped, and asked the City Council to
reconsider this project.
Edna Miklos, POBox 5177, Wheat Ridge, representing the Applewood Business
Association, thanked the Planning Commission and the developers for addressing some
- of the concerns that were raised by the community She hopes Council will continue to
listen to the community and work with the community as well as with Wheat Ridge 2020
to make a cohesive community development.
Pauline York, Edgewater, for herself and on behalf of the Mayor of Edgewater, who is
sitting in the audience, wished Wheat Ridge all the success in the world with this
project. Millions of doilars will be coming into Wheat Ridge She suggested that Wheat
Ridge work with RTD and alleviate some of the traffic congestion
Barbara Barry, President of Applewood Valley Association, PO. Box 25, Golden,
testified that some of the many concerns that have been raised have been met. She
stated the continued concerns of the association regarding traffic impacts and the
proposed 27th Avenue improvements. She hoped that solutions can be found in the
environmental assessment. They ask for an open consideration of real options, not a
shortcut between a choice of do or don't. Please find a better solution for that
eastbound 1-70 traffic.
Tim Doyle, Applewood Valley Association, 1790 Willow Lane, Lakewood, testified to
the neighborhood's concerns regarding the proposed 27th Avenue traffic improvements.
Please keep working with all of us and do not ignore our concerns
Debbie Doyle, 1790 Willow Lane, Lakewood, reiterated previous statements about
traffic concerns, particularly on 32nd Avenue. There must be 4 lanes of roadway and a
bridge over Clear Creek.
CITY COUNCIL MINUTES. August 14, 2006
Page -4-
Dave Cash, 770 Poppy Street, Golden, related his experience with lighting from a
development in Golden. He made several suggestions regarding lighting, noise and
landscaping
Mike Larkin, 3187 Robb Circle, Lakewood, testified that he is very comfortable with
what Cabela's has done They solicited input on many options and have done a
reasonably good job in beginning to address the traffic issues. If the traffic becomes
worse for us, it will also be worse for Cabela's. He does not see any reason not to go
forward
Dave Kuehn, 4198 Xenon Street, Wheat Ridge, District Manager for Prospect
Recreation and Park District, thanked all parties involved and recommends approval of
the Council Bill as presented tonight.
Dwaine Richter, 4505 S. Yosemite Street, Denver, Owner of 70 West Business Center,
spoke in favor of Cabela's and the project. It is superior in quality, they are a quality
tenant and are not a typical big box, and the project has precipitated a solution to the
traffic problems. Regarding the condition by the Planning Commission that the right of
way easement be acquired, he urged Council that landscaping be required for that area.
Robert Alldredge, 2890 Lamar, Wheat Ridge, testified in support of the Cabela's
project as a small business owner, and owner of several properties in the area, He -
believes that Cabela's has done everything asked of them by the City and they will be a
positive impact and asset to the entire area He asked for approval of the plan tonight.
John Villachica, 9695 W. 44th Avenue, Wheat Ridge, resident and small business
owner, testified in support of the project and stated that the small business community
recognizes Cabela's as an employer, supporter and protector of small business, and
economic boost to Wheat Ridge and the State. Cabela's will provide viable job options
to our children If denied, we could lose the funding that Cabela's is providing with this
project for transportation infrastructure He detailed several positive benefits of the
project.
Jennifer Platt, 2135 Myrtlewood Lane, Lakewood, testified in opposition to the project.
She wondered if people had considered more environmentally friendly development,
rather than another large development. If the primary access is going to be of 58th, why
is Cabela's Drive being advertised on 1-70? Has anybody thought about putting the
entrance and the exit on 58th? Perhaps create a large horseshoe that is Cabela's Drive
and not go through this beautiful neighborhood and not send hundreds of thousands of
cars into our neighborhoods.
Jess Hendrickson, 13508 W 23rd Place, Golden, expressed his concerns about traffic
in the area. People depend on 32nd Avenue to go about their business, Within 5 blocks
of this intersection is Maplegrove Elementary and Manning Middle School. Parents are
concerned about the increased traffic around the school zones. How will construction
access be provided?
CITY COUNCIL MINUTES August 14, 2006
Page -5-
Roxanne Runkel, 3415 Alkire Way, Golden, asked that Cabela's be a good neighbor
She distributed copies of her statement and pictures to the City Council (included in the
packet) and read from the statement requesting a 6 - 8 ft high solid masonry fence on
her property along parcels four and five of the project. She also asked for a 40 ft buffer
zone on the south and west sides of parcel 4 and along the south side of parcel 5. Her
other concerns included lighting and traffic, She wants multi use trails on the property
Janice Sherman, 13478 W 23rd Place, Golden, does not want her community harmed
by this development and wants the traffic directed away from 32nd Avenue
Theresa Hendrickson, 13508 W. 23rd Place, Golden, Treasurer of the Applewood
Valley Association, stated that they feel the decisions of the sequences on this
proposed development seem wrong. Why approve the development and the final
plating with all the access systems merely assumed
Cheryl Brungardt, 5621 W. 36th Place, Wheat Ridge, Member of Enterprise Wheat
Ridge, testified in support of the application and stated that this project will promote the
economic development of Wheat Ridge.
Janice Thompson, 12290 W 42nd Avenue, Wheat Ridge, testified in support of the
development because it is the most visible piece of Wheat Ridge and we finally have
-- the opportunity to have an ill-designed highway improved This is an opportunity to have
a sense of identity for Wheat Ridge She thanked Cabela's for coming in because
without them all of these street improvements would not happen She also thanked
staff for doing all of this work for 2 years and kept the City operating.
Chad Vries, 10930 W 44th Avenue, Wheat Ridge, is in 100% support of the project as
long as it's done the right way He owns numerous businesses in Wheat Ridge and
cannot see how this could affect us adversely He hopes this gets approved
immediately and gets done
Jack Hoopes, 14215 Crabapple Road, Applewood, President of the Applewood
Property Owners Association, thanked Council and staff and everybody who has
worked on this, Cabela's brings a community building opportunity to the Valley. Growth
is inevitable Many people are afraid of the negative impacts this will bring, specifically
increased traffic. He asked that calls for a bigger buffer zone be heeded and minimize
the effect of lighting. He appreciates the commitment to a path and that no store be
opened until the traffic issues have been addressed He suggested a Creek front
development that would be a recreational jewel for Wheat Ridge
Mike Carroll, 14460 W 45th Drive, Golden, suggested moving the alignment away from
Holman Street. Why can't there be an entrance and an exit off Highway 58?
Norm Ross, 3145 Zinnia Street, stated his opposition to the project and believes that
this should be postponed until the environmental assessment is complete.
CITY COUNCIL MINUTES' August 14, 2006
Page -6-
Rhonda Teitelbaum, 15021 W. 29th Avenue, Golden, Applewood Property Owners
Association Board Member, endorsed Mr Hoopes' comments. She asked that the City
of Wheat Ridge remain vigilant that the rest of the parcels will be of the same standard.
Roger Loecher, 4599 Carr Street, Wheat Ridge, is thrilled to death that a first class
development like Cabela's is coming to our town He thanked everyone who has
worked on this project.
Gretchen Cerveny, 3425 Moore Street, Wheat Ridge, testified in support of the project.
She remembers when this area was a mining site that operated 24 hours a day
Without Cabela's coming in, the highway improvements would not be taking place
Recess called at 9:46 p m Reconvened at 10:01 p.m
Carolynne White, representing the applicant, answered questions that arose during the
public testimony including proceeding with the development plans and plat before the
completion of the environmental assessment, the request for the masonry fence and
increasing the buffer, and lighting and landscaping requirements and standards.
Chris Fasching, of Felsburg, Holt & Ullevig, answered questions regarding traffic
concerns
Alan White, Director of Community Development, spoke regarding the questions
regarding annexation versus redevelopment of existing commercial property; the
Regional Transportation District (RTD) has been and will continue to be involved;
lighting requirements, landscape buffer is adequate at 20 feet and does not need to be
increased, creek front land is not under control of the applicants, there will be a
continuous trail along Cabela's Drive on the west side
City Council asked questions of staff and the applicant.
Mayor DiTullio closed the public hearing
Rezoning/Outline Development Plan
Motion by Mr. Stites to approve Council Bill 17-2006 (Ordinance No 1367), Case No
WZ-06-03, a request for an amendment to an Outline Development Plan for property
zoned Planned Commercial Development and for property located generally west of 1-
70, south of Highway 58, north of West 32nd Avenue and east of Eldridge Street, for the
following reasons,
1 A change in character has occurred in the area The property has historically
been used as a gravel mine while the area which surrounds the property has
been developed and redeveloped as commercial and industrial properties.
2. The request will bring the property into conformance with the goals and policies
of the Comprehensive Plan The properties contain commercial and industrial
designations. The range of allowed uses is consistent with the future land use
designation defined in the Comprehensive Plan.
CITY COUNCIL MINUTES August 14, 2006
Page -7-
3 The construction of roadway improvements will adequately accommodate the
additional traffic volumes produced by the proposed uses. The improvements
will not only benefit the development onsite, but also the surrounding properties.
4. The proposed uses will be compatible with the surrounding area, specifically the
commercial properties directly to the south, the commercial shopping center to
the east of 1-70 and the industrial park north of Highway 58. Required buffers will
minimize the impacts to adjacent residential uses.
5 The request will be a benefit to the City, County, School District and special
districts by providing additional tax revenue, added retail and service
establishments, additional employment and the installation of pedestrian
connections to Clear Creek trails.
6 The request will not create an isolated or spot zone district.
7 The request will not adversely affect public health, safety, or welfare.
With the following conditions.
1 The easements or right-of-way needed for the construction of Cabela Drive
where it crosses Jefferson County property and off-site to the State Highway 58
interchange and to West 32nd Avenue shall be secured prior to the issuance of
any building permit.
2. The traffic improvements labeled as "Year 2008 improvements" in the traffic
study dated June 2006 shall all be constructed prior to the issuance of any
- certificate of occupancy These improvements shall additionally include the
pedestrian trails on the west side of Cabela Drive and the west side of the
frontage road
Seconded by Mr Womble
Motion to Amend by Mr. Gokey to read "Freestanding Lights may be a maximum height
of 30 feet" Motion failed for lack of a second.
Main Motion carried 7-0
Final Development Plan
Motion by Mr Stites to approve Case No, WZ-06-03, a request for approval of a Final
Development Plan for property located generally west of 1-70, south of Highway 58,
north of West 32nd Avenue and east of Eldridge Street, for the following reasons
1. The Final Development Plan meets the development standards as listed on the
Outline Development Plan,
2 The Final Development Plan meets the requirements for Final Development
Plans, as defined in Article III of the Code of Laws
Seconded by Mrs. Sang; carried 7-0
CITY COUNCIL MINUTES August 14, 2006
Page -8-
Final Plat
Motion by Mr. Stites to approve Case No WS-06-01, a request for approval of a ten lot
subdivision plat for property located generally west of 1-70, south of Highway 58, north
of West 32nd Avenue and east of Eldridge Street, for the following reasons.
1 All requirements of the Subdivision Regulations have been met.
2 All required utility easements are being provided
3. Adequate infrastructure will be constructed with the development to serve the
proposed use.
Seconded by Mrs. Sang, carried 7,0
Recess was called at 10'39 p.m. Reconvened at 10'50 p.m.
Motion by Mr. Stites to extend the meeting past 11'00 p.m , seconded by Mrs Rotola;
carried 6,1, with Mr. Gokey voting no
Item 2.
COUNCIL BILL 01-2006 - AN ORDINANCE ENACTING CHAPTER 20
OF THE WHEAT RIDE CODE OF LAWS, ENTITLED STORMWATER
QUALITY AND CONTROL.
Mayor DiTullio opened the public hearing
-
Council Bill 01-2006 was introduced on second reading by Mrs. Sang and she read the
executive summary
City Clerk Pamela Anderson assigned Ordinance No 1368.
Tim Paranto presented the staff report and answered questions from the City Council
Mayor DiTullio closed the public hearing
Motion by Mrs. Sang to approve Council Bill 01,2006 (Ordinance 1368) on second
reading and that it take effect 15 days after final publication, seconded by Mrs. Rotola;
carried 7-0
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 3.
RESOLUTION 35-2006 - AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT
BY AND BElWEEN THE COUNTY OF JEFFERSON, STATE OF
COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO,
REGARDING THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES
CONCERNING THE CONDUCT OF THE COORDINATED ELECTION TO
BE HELD ON NOVEMBER 7,2006
Resolution 35-2006 was introduced by Mr. Womble. City Clerk Pamela Anderson read
the executive summary
CITY COUNCIL MINUTES August 14, 2006
Page -9-
Motion by Mr Womble to approve Resolution 35-2006, seconded by Mrs. Sang,
carried 7-0
Item 4,
RESOLUTION 36-2006 - AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT
BY AND BETWEEN THE COUNTY OF JEFFERSON, STATE OF
COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO,
REGARDING THE PRODUCTION OF A MAILED NOTICE
CONCERNING BALLOT ISSUES (TABOR)
Resolution 36-2006 was introduced by Mrs. Rotola and she read the executive
summary
Motion by Mrs. Rotola to approve Resolution 36-2006, seconded by Mrs. Adams;
carried 7-0
Item 5.
RESOLUTION 37-2006 - APPROVING AN APPLICATION FOR A
$3,000,000 LOAN FROM THE COLORADO STATE INFRASTRUCTURE
BANK FOR FUNDING OF THE 40TH AVENUE UNDERPASS OF
INTERSTATE HIGHWAY 70.
Resolution 37-2006 was introduced by Mr. Stites and he read the executive summary
_ Motion by Mr Stites to approve Resolution 37-2006, seconded by Mr Womble, carried
7-0
Item 6,
RESOLUTION 38-2006 - AUTHORIZING THE CITY TREASURER AND
DEPUTY CITY MANAGER TO ENTER INTO INVESTMENT
TRANSACTIONS ON BEHALF OF THE CITY IN ACCORDANCE WITH
THE CITY OF WHEAT RIDGE INVESTMENT POLICY
Resolution 38-2006 was introduced by Mr. Schulz and he read the executive summary
Motion by Mr Schulz to approve Resolution 38-2006, seconded by Mrs. Sang,
carried 7-0
Item 7,
RESOLUTION 39-2006 - REFERRING TWO BALLOT QUESTIONS TO
THE REGISTERED ELECTORS OF THE CITY, CONCERNING
CONSTITUTIONAL REVENUE LIMITATIONS AND RETENTION OF
EXCESS REVENUE AND CALLING A SPECIAL MUNICIPAL ELECTION
FOR THAT PURPOSE,
Resolution 39-2006 was introduced by Mr Schulz and he read the executive summary
City Attorney Gerald Dahl reported to City Council proposed changes to the resolution
title and language to meet Wheat Ridge Charter requirements to make Notice and Call
of a special municipal election
CITY COUNCIL MINUTES: August 14, 2006
Page -10-
Mr. Dahl asked that the words "AND CALliNG A SPECIAL MUNICIPAL ELECTION
FOR THAT PURPOSE" be added to the title He further asked that an additional
paragraph be added after the second WHEREAS, to read... u; and WHEREAS, the
Council may call a special municipal election pursuant to Section 2.2 of the Charter,"
And changing Section 1. at the end to say.. .the following ballot questions to the
registered electors of the City at "a special municipal election which is hereby called to
take place on November 7, 2006 for that purpose."
By adding this language, the Resolution will serve as a call to a special election and no
other Resolution has to be passed for this purpose
Motion by Mr. Schulz to approve Resolution 39-2006 as amended; seconded by Mrs.
Rotola, carried 7-0
CITY MANAGER'S MATTERS
Mr. Young thanked Council for recognizing all of the staffs contributions to Cabela's
project. He also thanked all of the Directors who have worked on this
ELECTED OFFICIALS' MA TIERS
Motion by Mr. Gokey to ratify an at-large mayoral appointment of Councilmember Larry
Schulz to the Urban Renewal Authority, term to expire November 2006, seconded by
Mrs Sang, carried 7-0
-
Meeting adjourned at 11'17 p m
"
APPROVED BY CITY COUNCIL ON AUGUST 28, 2006 BY A VOTE OF to
Mike Stites, Council President
The preceding Minutes were prepared according to 947 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
\, A \
REQUEST FOR CITY COUNCIL ACTION
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COUNCIL MEETING DATE:
August 28, 2006
TITLE:
RENEWAL OF AWARD RFP-04-38 FORESTRY MAINTENANCE
SERVICES TO VARIOUS FIRMS IN THE TOTAL AMOUNT OF
$26,207.00
o PUBLIC HEARfNG
[g] BIDS/MOTIONS
o RESOLUTIONS
o ORDfNANCES FOR 1ST READING (Date'_)
o ORDINANCES FOR 2ND READING
o
Yes
[g]
No
Quasi-Judicial
V;( Director of Parks and
-
EXECUTIVE SUMMARY:
RFP-04-38 Forestry Maintenance Services for 2006 include tree pruning and removal, stump removal,
broadleaf weed control, turf fertilizer application, tree planting and emergency services in parks, open
space and right-of-ways. The City has the option to renew the agreement at its discretion for up to
three additional one-year periods. Services are obtamed based on lowest price and scheduling
availability Funds totaling $26,207 shall be encumbered in accounts 01-604-700-704 and 01-603-
700-704 for 2006 Services for 2007 shall be issued based on the approved budget. All previous firms
have agreed to renew except AAA Highclimbers.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
NA
ALTERNATIVES CONSIDERED:
Deny award for Forestry Services.
FINANCIAL IMPACT:
The funds for this purchase are budgeted in accounts 01-604-700-704 and 01-603-700-704. The total
budgeted amount is $26,207. Purchasmg will encumber $26,207 upon approval in the following
accounts.
. $10,959 from account 01-604-700-704
. $15,248 from account 01-603-700-704
RECOMMENDED MOTION:
"I move to renew the agreement, RFP-04-38 Forestry Maintenance Services for the second of three
additional one-year penods for 2006 in the amount of $26,207 00 and 2007 for the amount approved
in that years budget."
or,
"I move to deny award of RFP-04-38 Forestry Maintenance Services for the followmg reason(s)
Report Prepared by'
Reviewed by:
Rick Murray, Parks, Forestry and Open Space Manager
Lmda Tnmble, Purchasmg Agent
-
Attachments:
I None
ITEM NO: ~ I
REQUEST FOR CITY COUNCIL ACTION
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COUNCIL MEETING DATE
August 28, 2006
TITLE:
AWARD ITB-06-50 RANDALL PARK IRRIGATION PROJECT TO
COLORADO DESIGNSCAPES, INC. IN THE TOTAL AMOUNT
OF $59,761.90
o PUBLIC HEARING
[g] BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date' _)
o ORDINANCES FOR 2ND READING
Quasi-Judicial:
o
Yes
[g]
No
~+/
-
EXECUTIVE SUMMARY:
ITB-06-50 Randall Park Irrigation Project includes the complete renovation ofthe existing irrigation
system in Randall Park as well as the replacement of the existing water supply Ime to the restroom.
The award of thiS contract meets Goal 1: Creatmg A Sustamable City Government, Objective 1.
Well-Maintained City Facilities and Infrastructure.
On August 10,2006, seven bids were received. Three (3) bids were non-responsive. Davey Tree did
not provide the reqUired forms and Hall-Irwin Corporation and Western States Reclamation did not
acknowledge the addendum. All three bids were disqualified. The apparent low bidder is Colorado
Designscapes, Centennial, CO. References and experience were evaluated and approved by the Parks
Department. Staff recommends award of the project to the lowest responsive and responsible bidder,
Colorado Deslgnscapes of Centennial, Colorado in the bid amount of$54,329.00. Staff also requests
approval of a standard 10% contingency reserve, which would encumber a total of $59,761. 90.
COMMISSION/BOARD RECOMMENDA nON:
N/A
ST A TEMENT OF THE ISSUES:
The existing imgation system IS over thirty (30) years old and has become mamtenance mtenslve.
Replacement of the system will reduce labor hours required for mamtenance and repairs, and provide a
greater efficiency in water usage. The new system will also Improve the aesthetics of both the park and
ball field areas.
ALTERNATIVES CONSIDERED:
Deny award to Colorado Deslgnscapes, Inc. for lTB-06-50 Randall Irrigation Project and not replace
the existing lITigation system.
FINANCIAL IMPACT:
The funds for this project are appropriated m account 32-601-800-862 in the Open Space Fund. The
cost of the project is $54,32900 with a 10% contingency amount of $5,432.90 for a total cost of
$59,761.90
RECOMMENDED MOTION:
"I move to approve award of ITB-06-50 Randall Irrigation Project to Colorado Designscapes of
Centennial, Colorado in the amount of $54,329 00.
I further move that a 10% contingency amount of$5,432.90 be approved.
I further move that all costs associated with Randall Park Imgation Project be paid from account
number 32-601-800-862, 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 of ITB-06-50 Randall Irrigation Bid to Colorado Designscapes, Inc. for the
following reason(s)
Report Prepared by'
Reviewed by'
Joyce Manwaring, Parks and Recreation Dlfector
Linda Trimble, Purchasing Agent
Attachments:
I. Bid Tab - 1TB-06-50 Randall Irrigation Bid
060828 CAF Randall Park irrigation.doc
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ITEM NO' _\ , c,
REQUEST FOR CITY COUNCIL ACTION
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COUNCIL MEETING DATE:
August 28, 2006
TITLE:
AWARD RFP-06-24 COPIER MACHINE RENTALS TO IKON
OFFICE SOLUTIONS, INC. IN THE TOTAL AMOUNT OF
$65,000.00
o PUBLIC HEARING
[g] BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date' _)
o ORDINANCES FOR 2ND READING
QuasI-Judicial.
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Yes
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No
Deputy City Manager
~1I r I City Manager
-
EXECUTIVE SUMMARY:
The City currently has fifteen black and white copier machines located in seven city facilities
includmg the Recreation Center, Senior Community Center, Anderson Complex, Parks Shops, Public
Works Shops, City Hall and the Police Department. The traditional copiers that the City of Wheat
Ridge currently has installed serve only as walk up copy machines. None of these sites currently have
the capability to pnnt to the copiers. An upgrade to Multi Function Copiers (MFC) will include the
ability to print and copy from any employee's computer The networked MFC upgrade is a budgeted
implementatIOn that is required to provide improved technologies, features, effiCiencies and
replacement of the older equipment. In addition, the City of Wheat Ridge Will be able to better
manage and leverage eXisting equipment for better utilization.
The equipment at the City is over four years old and the technology and functionality has surpassed the
copiers and the City's requirements. Hence, the City IS not able to be as efficient and is more
susceptible to failure due to the age ofthe equipment. This causes lost productivity for the end users
and increases Information Technology staff time to fix old technologies that rcquirc replaccmcnt. In
addition, the upgraded MFC Will allow the IT staff to remotely monitor and configure the units to
optimize performance, which is a feature that IS not currently available with the legacy equipment.
Along with the standardization of copier equipment, we will introduce a multi-function color copier
With limited access for those users that require color copies for smaller jobs versus outsourcing.
The financial goal is to move our HP laser print jobs that cost the City $005 per copy to a MFC that
cost $0.0081 per copy. Not only are the MFC faster and are less costly to maintain, but they provide
for the best utIlizatIon of our existing eqUipment. Based on 66,000 HP Laser prints per month and
75,969 copies per month, the total saving to the City when the copiers are replaced is $785.41 per
month or $9,42494 annually When 25% ofthe HP laser print jobs are routed to these MFC, we can
expect a savings of$I,311.76 per month or an annual savmgs of$15,741.12 In sum, the more HP
Laser print jobs that are printed to the MFC, the more we can save on printing costs.
On July 13,2006, six proposals were received. All proposals met the initial bid reqUirements except
Komca Minolta. They did not acknowledge addendum 2. The Evaluation Committee reviewed and
scored each proposal. IKON Office Solutions of Englewood, Colorado was the number one ranked
firm, The Committee conducted a site VISit and was satisfied With the performance ofthe equipment.
Based on performance, expenence, pncmg, service and value added serVices, the committee
recommends award to IKON Office Solutions. The term of the agreement is for three (3) years. The
vendor shall provide maintenance, toner, set up and training. The cost is $65,000 00 for fifteen new
multi-functional copiers.
COMMISSION/BOARD RECOMMENDA nON:
None
STATEMENT OF THE ISSUES:
The scheduled and budgeted replacement of obsolete copier equipment at all sites.
AL TERNA TIVES CONSIDERED:
No replacement at this time.
FINANCIAL IMPACT:
Staff recommends implementmg the multi function copier upgrade to IKON Office Solutions, Inc. in
the total amount of$65,000.000 This will improve the availability, speed, features and reliability of
the City's multi function copiers at all sites. This IS part of the upgrade and standardization of the
City's copy machine network. These funds are budgeted in the 2006 budget.
RECOMMENDED MOTION:
"1 move to award RFP-06-24 Copier Machme Rentals to IKON Office Solutions, Inc. of Englewood,
Colorado, in the total amount of $65,000.000"
or,
"I move to deny authorization for the City of Wheat Ridge to award RFP-06-24 Copier Machme
Rentals to IKON Office Solutions, Inc. for the following reason(s)
"
Report Prepared by'
Reviewed by'
Michael Steinke, IT Manager
Linda Trimble, Purchasing Agent
Patrick Goff, Deputy City Manager
Attachments:
1 Copy Replacement Only Worksheet
2. Copy Replacement 25% HP Print Worksheet
3 Bid Tabulation Sheet
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ATTACHMENT 3
ITEMNO ~I
REQUEST FOR CITY COUNCIL ACTION
r$~'
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COUNCIL MEETING DATE:
August 28, 2006
TITLE:
APPROVAL OF THE SETTLEMENT AGREEMENT
ADDRESSING ISSUES RAISED BY THE LOCAL GOVERNMENT
INTERVENORS IN THE PUBLIC SERVICE COMPANY
QUALITY OF SERVICE APPLICATION BEFORE THE
COLORADO PUBLIC UTILITIES COMMISSION
o PUBLIC HEARING
rgJ BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date._)
o ORDINANCES FOR 2ND READING
Quasi-Judicial'
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Yes
[g]
No
-
Yfpu.+jCity Manager
EXECUTIVE SUMMARY:
Xcel Energy, domg business as Public Service Company, filed a required Quality of Service Plan with
the Public Utilities CommissIOn (PUC) on July 1,2005. Wheat Ridge was among many cities that
jointly intervened in the case last summer. Ken Fellman of Kissinger & Fellman, P.C., retained to
represent the cities, was the primary attorney that negotiated the attached settlement agreement. The
settlement addresses many operational and billing issues that have plagued the City for many years.
Some of the areas of failure m XCel Energy service included timely repair of street lights,
identification of street lights being billed to the City, restoration of power to traffic signals and
complete billing mformation for repairs and installatIOns.
COMMISSION/BOARD RECOMMENDATION:
None
STATEMENT OF THE ISSUES:
Currently, the PUC monitors and regulates the service provided by the utilities, mcluding Xcel Energy
The Quality of Service Plan approved for Xcel Energy by the PUC will impact the City and its
residents. Knowing of the cities' interest in this Issue, the Colorado MUnIcipal League facilitated a
coalition of cities to be represented by one attorney before the PUC The City of Englewood agreed
that their outside counsel, Ken Fellman of Kissinger & Fellman, P c., could represent the interest of
various cities and agreed to manage a special fund to finance Mr Fellman's activities. Cities that
participated in the joint representation Included. Boulder, Broomfield, Brush, Lakewood, Thornton,
Englewood, Black Hawk, Arvada, Evans, Aurora, Denver, Westminster, Louisville, Lafayette,
Greenwood Village, Sterling, Glendale, Nederland and Wheat Ridge. Denver participated
mdependent of the coalition, but worked closely with Mr Fellman and coalitIOn attorneys.
A memorandum from Ken Fellman, as well as the settlement agreement, are attached and provide the
details of the settlement. Staff IS pleased with the results of Mr Fellman's efforts and expects better
cooperatIOn and service from Xcel Energy m the future.
ALTERNATIVES CONSIDERED:
None
FINANCIAL IMPACT:
The total cost to the City for inclusion in the PUC action was $3,000.
-
RECOMMENDED MOTION:
"I move that the City approve the Partial Stipulation and Settlement Agreement Addressing Issues
Raised by the Local Government Intervenors and the City of Boulder in the Public Utilities
Commission Docket No OSA-268E, Xcel Energy Electnc Service Quality of Service Plan."
or'
"I move that the City not approve the Partial Stipulation and Settlement Agreement Addressing Issues
Raised By the Local Government Intervenors and the City of Boulder in the Public Utilities
Commission Docket No. OSA-268E, Xcel Energy Electric Service Quality of Service Plan for the
following reason( s) "
Report Prepared by: Tim Paranto
Attachments:
I. Fellman memorandum dated July 28, 2006
2. Settlement agreement
BEFORE THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO
IN THE MATTER OF THE APPLICATION OF )
PUBLIC SERVICE COMPANY OF COLORADO)
FOR AN ORDER AUTHORIZING IT TO ) DOCKET NO 05A-288E
IMPLEMENT AN ELECTRIC QUALITY OF )
SERVICE MONITORING AND REPORTING )
PLAN FOR 2007 AND 2008 )
PARTIAL STIPULATION AND SETTLEMENT AGREEMENT
ADDRESSING ISSUES RAISED BY THE LOCAL GOVERNMENT
INTERVENORS AND THE CITY OF BOULDER
I. INTRODUCTION
Public Service Company of Colorado ("Public Service" or "the Company"),
the Local Government Intervenors ("LGI") 1, and the City of Boulder ("Boulder"),
collectively referred to as the "Parties", hereby enter into this Stipulation and
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Settlement Agreement ("Stipulation") resolving, as between these Parties, all
issues that have been raised or could have been raised in Docket No. 05A-288E
relating to standards for street light and traffic signal installation and repair,
relocation of Company facilities from public rights of way, costs estimates for
conversion of overhead facilities to underground Company facilities pursuant to
funding mechanisms set forth in the LGl's and Boulder's franchise agreements
with the Company, billing issues relating to street lighting service and non-routine
street light maintenance, and emergency locates, This Stipulation sets forth all
the terms and conditions of such settlement
1 The LGI include the City of Arvada, the City of Aurora, the City of Black Hawk, the City and
County of Broomfield, the City of Brush!, the City of Englewood, the City of Evans, the City of
Glendale, the City of Greenwood Village, the City of Lakewood, the City of Louisville, the Town of
Nederland, the City of Thornton, the City of Westminster, and the City of Wheat Ridge
ATTACHMENT 1
The Parties to this Stipulation state that the results of the compromises
reflected herein are a just and reasonable resolution of the issues addressed in
this Stipulation, and that reaching agreement as set forth herein by means of a
negotiated settlement is in the public interest Each Party hereto pledges its
support of this Stipulation and states that each will defend the settlement
reached. The Parties respectfully request that the Public Utilities Commission of
the State of Colorado ("Commission" or "CPUC") approve this Stipulation.
II. BACKGROUND
On July 1, 2005, Public Service filed its Application for an order approving
a new Electric Quality of Service Monitoring and Reporting Plan ("QSMRP") for
2007 and 2008. On September 30, 2005, the Commission issued Decision No
e05-1184 establishing pre-filing deadlines and setting this case for five days of
hearings commencing on March 6, 2006
On September 23, 2005, Public Service filed its Direct Testimony and
Exhibits. The Company sought approval of its QSMRP under which it would
monitor and report to the Commission, on a quarterly and annual basis, its
performance in the areas of electric service reliability, customer complaints and
telephone response times.
On December 23, 2005, witnesses representing the Staff, the oee,
eeOD, the City of Boulder, the Local Government Intervenors ("LGI"), and
Western Resource Advocates ("WRA") filed their Answer Testimony The Staff,
oee and eeOD filed testimony specifically responding to the QSMRP proposal
made by the Company in its direct testimony and exhibits. The LGl's and the
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City of Boulder's Answer Testimony addressed the quality of the Company's
street lighting and traffic signal lighting service, including its non-routine
maintenance practices, as well as service issues relating to relocation of
Company facilities from public rights of way and conversion of overhead facilities
to underground as required by the Company's current franchise agreements with
the LGI and Boulder These parties also raised various billing issues, and
questioned the timing for emergency locates. The LGI and Boulder proposed
new performance measures and associated penalties relating to 1) the
Company's street lighting and traffic signaling services, including new installation
and repair of street lights and traffic signals, 2) the relocation of Company
facilities, 3) the process for estimating the cost for performing underground
conversions under the one percent (1%) fund created under the Company's
franchise agreements with the LGI and Boulder, and 4) billing for street lighting
service and maintenance, WRA requested that the Commission impose a variety
of monitoring and reporting requirements on the Company relating to the
Company's solar-rebate, demand-side management, and Windsource programs.
On February 17, 2006 Public Service filed its Rebuttal Testimony
responding to the issues raised by Staff and the Intervenors. In its Rebuttal
Testimony, the Company responded to the LGl's and Boulder's claims by
attempting to demonstrate that its delivery of utility and other services to these
municipalities is adequate The Company refused to incorporate any of the LGI's
and Boulder's suggested performance measures as part of its QSMRP and
asked the Commission to deny the relief sought by the LGI and Boulder
3
The Commission conducted hearings in this proceeding commencing on
March 6, 2006 through March 10, 2006. On April 11, 2006, the Staff, the
Company, the Office of Consumer Counsel and the City and County of Denver
submitted a Partial Stipulation and Settlement Agreement addressing all issues
were raised or that could have been raised in this proceeding relating to
performance measures and associated bill credits for 1) regional electric
distribution system reliability; 2) electric service continuity and restoration
thresholds; 3) customer complaints; and 4) telephone response times. That
Stipulation is currently pending consideration by the Commission.
On April 11, 2006 the Parties and WRA filed their Statements of Position.
Subsequently, on April 20, 2006, the Company requested that the Commission
postpone its deliberations in this proceeding to allow the Company the
opportunity to explore potential settlement with the LGI and Boulder This
Stipulation is the result of the Parties negotiations since April 20, 2006.
III. TERMS OF SETTLEMENT
Public Service, the LGI and the City of Boulder hereby stipulate and agree
as follows.
1. Term of the AQreement. The term of the Stipulation is four years
commencing January 1, 2007 and ending December 31, 2010, provided that this
four-year term does not apply to the Parties' franchise agreements or to those
commitments on the part of Public Service set forth in Paragraph 4, infra, that a
specific issue may be addressed in the context of franchise negotiations
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2. Performance Measures Relatin!:l To Street Li!:lhtin!:l And Traffic
Si!:lnal LiQhting.Services. The Parties agree that the Company shall file tariffs,
on or before September 1, 2006 to be effective January 1, 2007. establishing
new performance measures relating to street lighting and traffic signal lighting
services. A copy of the new tariff is attached as Attachment A. Following the
expiration of the Stipulation, the Company shall have the right to amend the tariff
provisions agreed to as part of this Stipulation at its discretion, The Company
agrees to provide each of the Cities that comprise the LGI and Boulder with thirty
days' advance notice of any such amendment to the tariff provisions affecting
them consistent with the requirements of C R.S ~ 40-3-104. The LGI and
Boulder retain all rights to oppose any proposed tariff amendments.
The proposed tariff includes a new subsection of the street light service
tariff applicable to all incorporated cities and towns that elect to receive service
under the subsection and agree to pay an associated surcharge. The major
features of the proposed new street light service subsection include 1) an annual
sampling study to measure the rate of street light burn out and an associated bill
credit in the event the burn out rate exceeds two percent; 2) a performance
measure and associated bill credits for street light restoration, and 3) a provision
for monthly and annual street light inventory reports. The proposed new tariffs
also include new rules and regulations for traffic signal lighting service, including
1) a performance standard relating to traffic signal installation, 2) for cities and
towns in areas served by an outage management system, a dedicated line for
traffic signal outage reporting; and 3) a performance standard and associated bill
5
credits associated with the Company's report of the status of repairing traffic
signal outages. While LGI and Boulder do not object to the form of the tariff set
forth in Attachment A and do not object to paying a cost-based charge for
sampling services, LGI and Boulder reserve their rights to challenge the level of
charge proposed by the Company for these services when the Company files its
ta riff.
3. Relationship between Stipulation and Existinq Franchises and
Street Liqhtinq Agreements. The Company is a party to a franchise agreement
with each of the cities and towns that comprise the LGI and with Boulder In
addition, the Company has currently effective street lighting agreements with the
City of Boulder and the City of Aurora. The Parties do not intend, by this
Stipulation, to abrogate or impair any rights under the Parties' existing franchise
agreements or street lighting agreements
4. Franchise Issues. The Company agrees that the following issues
that have been raised by the LGI and the City of Boulder in this proceeding are
appropriately considered and addressed in franchise agreements, and that the
Company will address these issues with any municipality that chooses to raise
them in the context of franchise negotiations:
a. Provision of information supporting the billing for non-routine
street light maintenance;
b Performance of emergency locates, provided that there shall
be no conflict with applicable state statutes,
6
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c. Terms and conditions governing relocation of Company
facilities in municipal rights-of-way;
d. Terms and conditions governing the conversion of overhead
facilities to underground, including but not necessarily limited to cost estimates,
payment obligations, time for completion, and the reporting and auditing relating
to any undergrounding projects that the Company may be obligated to undertake;
e. Terms and conditions governing installation of new or
modified utility service for municipal projects, and
L Requirements for timely and understandable bills for street
light service and for non-routine street light maintenance
g. Requirements for reporting of information relating to street
light outages and non-routine maintenance.
Nothing contained in this Stipulation is intended to specifically limit or
authorize the negotiation of any other issues in franchise agreements between
municipalities and the Company
5 "Most Favored Nations" Clause. The Parties recognize that
there are existing, but differing "favored nations" clauses in the current franchise
agreements with the cities and towns that comprise the LGI and with Boulder.
The Company agrees that, where appropriate and at the request of the
municipality, such franchise agreements shall be modified to be consistent with
the terms of the new Denver franchise agreement once it has been approved and
becomes effective, The Company agrees that modifications shall occur only to
the extent that those provisions are more favorable to the LGI and Boulder and
7
that no franchise agreement shall be modified without the consent of the LGI or
Boulder.
6. Billinq for Non-Routine Street Liqht Maintenance.
The Company agrees to send bills for non-routine street light maintenance
service to the person designated by the city or town and to provide such bills
within sixty (60) days after non-routine street light maintenance work at a
particular location has been completed. The Company agrees to amend its
tariffs to incorporate this billing standard.
The Company agrees to make available information supporting the billing
of non-routine street light maintenance charges in Excel format as well as Adobe
pdf format to allow for the manipulation of this data by cities and towns. The
Company shall organize all information supporting the billing of non-routine street
light maintenance by order number and agrees that the supporting information
shall present all non-routine street light maintenance charges grouped together
by street light location.. In addition the Company agrees to develop a means by
which cities and towns can track the status of repair of reported street light
outages_
At the request of any of the LGI or Boulder, the Company shall provide, by
January 31, an estimate of all outstanding non-routine maintenance billings for
work completed during the previous calendar year. Any city or town desiring to
receive this estimate shall make the request for the estimate by December 31 of
the year for which the information is desired. The request shall be directed to the
community service representative assigned to that city or town,
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8
7 Billings for Street Light Service. The Company agrees to send
billings for street lighting service rendered during the preceding month to the
person designated by the city or town to receive such billings and payment shall
be made as prescribed in the applicable tariffs on file and in effect from time to
time with the Public Utilities Commission, or as modified by individual street
lighting agreements.
8. Reporting Relatinq to Third-Party Damage to Company
Facilities.
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a. DamaQe to Company Interests. If any person damages any
Company Facilities that the Company is responsible to repair or replace by
violation of any traffic or other ordinance of the city or town, or in any other
unlawful manner, when the city or town becomes aware of the violation, it will
notify the Company of any such incident and will endeavor with reasonable
diligence and effort to determine responsibility for such incident and to promptly
report all pertinent information discovered regarding the incident and the
damage, including the identity of the responsible person, to the Company.
b DamaQe To City or Town Interests. If any person damages
any Company facilities for which the city or town is obligated to reimburse the
Company for the cost of the repair or replacement of the damaged facility, the
Company will endeavor with reasonable diligence and effort to determine the
individual or entity responsible for the damage and to promptly report all pertinent
information discovered regarding the incident and the damage, including the
identity of the responsible person, to the city or town
9
c. The Company agrees to meet with representatives of the
cities and towns that comprise the LGI and with Boulder periodically, but no less
than annually, for the purpose of developing, implementing, reviewing. improving
and/or modifying mutually beneficial procedures and methods for the efficient
gathering and transmittal of information useful in recovery efforts against third
parties that damage Company facilities.
9 This Stipulation is contingent upon and subject to approval by the
elected governing bodies of each of the cities and towns that comprise the LGI
and of Boulder The signatories to this Stipulation agree to recommend approval
of this Stipulation to the applicable authority,
IV. GENERAL PROVISIONS
Public Service, the LGI and Boulder agree to submit this Stipulation to the
Commission for approval at the earliest opportunity after approval of this
Stipulation by each of the LGl's and Boulder's governing bodies. Public Service,
the LGI and Boulder shall join in a motion that requests the Commission to
approve this Stipulation and to testify in support of this Stipulation.
This Stipulation is a negotiated compromise of issues that were raised or
could have been raised in this proceeding by the LGI and Boulder relating to
performance measures and associated bill credits for street light and traffic signal
lighting service, relocation of Company facilities from municipal rights of way,
overhead conversion of Company facilities to underground, emergency locates
and billing issues relating to the Company's delivery of utility services to the LGI
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and Boulder By signing this Stipulation and by joining the motion to adopt the
Stipulation filed with the Commission, and after approval by each of the elected
governing bodies of the LGI and Boulder, the Company, the LGI and Boulder
acknowledge that they pledge support for Commission approval and subsequent
implementation of these provisions.
This Stipulation shall not become effective until the issuance of a final
Commission Order approving the Stipulation, which Order does not contain any
modification of its terms and conditions that is unacceptable to any of the Parties.
In the event the Commission modifies this Stipulation in a manner unacceptable
to any Party, that Party shall have the right to withdraw from this Stipulation.. The
withdrawing Party shall notify the Commission and the Parties to this Stipulation
bye-mail within three business days of the Commission modification that the
Party is withdrawing from the Stipulation and that the Party requests that the
Commission rule upon the disputed issues in this proceeding (the "Notice")
The withdrawal of a Party shall not automatically terminate this Stipulation
as to the withdrawing Party or any other Party However, within three business
days of the date of the Notice from the first withdrawing Party, all Parties shall
confer to arrive at a comprehensive list of issues that remain in dispute Within
five business days of the date of the Notice, the Parties shall file with the
Commission a formal notice containing the list of disputed issues. The Parties
shall have and be entitled to exercise all rights with respect to the disputed
issues that they would have had in the absence of this Stipulation.
11
In the event that this Stipulation is not approved, or is approved with
conditions that are unacceptable to any Party who subsequently withdraws, the
negotiations or discussions undertaken in conjunction with the Stipulation shall
not be admissible into evidence in this or any other proceeding, except as may
be necessary in any proceeding to enforce this Stipulation.
Approval by the Commission of this Stipulation shall constitute a
determination that the Stipulation represents a just, equitable and reasonable
resolution of all issues that were or could have been contested among the
Parties in the above-captioned proceeding The Parties state that reaching
Stipulation in this docket by means of a negotiated settlement is in the public
interest and that the results of the compromises and settlements reflected by this
Stipulation are just, reasonable and in the public interest
All Parties to this Stipulation have had the opportunity to participate in the
drafting of this Stipulation. There shall be no legal presumption that any specific
Party was the drafter of this Stipulation
If the Commission approves this Stipulation, and at some later date
interprets this Stipulation in a manner harmful to the interests of one of the
Parties, but not advocated by any of the other Parties, all Parties agree to
support the original intent of this Stipulation with appropriate pleadings before the
Commission.
This Stipulation may be executed in counterparts, all of which when taken
together shall constitute the entire agreement with respect to the issues
addressed by this Stipulation.
12
Dated as of July 27,2006.
PUBLIC SERVICE COMPANY OF
COLORADO
By fJ-LUtJ-
Patricia K. Vincent
President and Chief Executive
Officer
Public Service Company of
Colorado
1225 17'h Street, Suite 900
Denver, Colorado 80202
APPROVED AS TO FORM
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By:
Ann E. Hopfe bed<
Ducker, Montgome
& Bess, P C
c/o Xcel Energy Services, Inc
1225 171h Street. Suite 900
Denver, CO 80202
Telephone: (303) 294-2059
Fax: (303) 294-2988
Attorney for Public Service
Company of Colorado
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CITY OF BOULDER
By:
Frank Bruno
City Manager
1777 Broadway
Boulder, Colorado 80302
ATTEST
City Clerk on behalf of the
Director of Finance and Record
APPROVED AS TO FORM.
City Attorney's Office
Date:
14
CITY OF ARVAOA
By:
Print Name.
Title:
Address:
ATTEST
By:
Print Name:
Title'
Date:
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15
CITY OF AURORA
By'
Print Name.
Title:
Address:
ATTEST
By:
Print Name:
Title.
Date.
16
CITY OF BLACK HAWK
By'
Print Name:
Title.
Address:
ATTEST:
By:
Print Name
Title:
Date.
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17
CITY AND COUNTY OF BROOMFIELD
By~
Print Name.
Title:
Address.
ATTEST.
By.
Print Name:
Title:
Date.
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18
CIlY OF BRUSH!
By'
Print Name.
Title:
Address.
ATTEST:
By:
Print Name:
Title
Date.
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19
CITY OF EVANS
By:
Print Name'
Title
Address:
ATTEST:
By:
Print Name:
Title:
Date'
20
CITY OF ENGLEWOOD
By:
Print Name'
Title:
Address.
ATTEST'
By'
Print Name:
Title.
Date:
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21
CITY OF GLENDALE
By:
Print Name
Title:
Address
ATTEST
By'
Print Name.
Title.
Date:
22
CITY OF GREENWOOD VILLAGE
By:
Print Name:
Title:
Address
ATTEST:
By:
Print Name.
Title:
Date:
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23
TOWN OF KERSEY
By:
Print Name.
Title.
Address:
ATTEST,
By:
Print Name:
Title"
Date:
24
CITY OF LAKEWOOD
By
Print Name:
Title.
Address:
ATTEST
By
Print Name
Title:
Date:
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25
CITY OF LOUISVILLE
By
Print Name'
Title'
Address.
ATTEST
By:
Print Name:
Title
Date:
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26
TOWN OF NEDERLAND
By
Print Name:
Title:
Address:
ATTEST
By'
Print Name
Title:
Date:
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27
CITY OF THORNTON
By:
Print Name:
Title
Address.
ATTEST.
By:
Print Name.
Title.
Date.
28
CITY OF WESTMINSTER
By
Print Name:
Title
Address:
ATTEST
By
Print Name:
Title:
Date.
...~
29
CITY OF WHEAT RIDGE
By:
Print Name,
Title:
Address.
ATTEST'
By'
Print Name.
Title,
Date:
30
APPROVED AS TO FORM BY:
By:
Kenneth S Fellman
Kissinger & Fellman, PC
3773 Cherry Creek North Drive
Ptarmigan Place, Suite 900
Denver, CO 80209
Telephone 303-320-6100
Facsimile: 303-320-6613
kfellman@kandf.com
Attorneys for the Cities of Arvada, Aurora, Slack Hawk, Brush!, Evans,
Englewood, Glendale, Greenwood Village, Lakewood, Louisville, Thornton,
Westminster, Wheat Ridge, the City and County of Broomfield, and the Towns of
Kersey and Nederland
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COLO PUC No.7 Electric
PUBLIC SERVICE COMPANY OF COLORADO 85
Sub. Fourth Revised Sheet No.
POBox 840 Third Revised Cancels 85
Denver CO 80201-0840 Sheet No.
ELECTRIC RATES RATE
STREET LIGHTING SERVICE
SCHEDULE SL
APPLICABILITY
Applicable within all territory served for Street Lighting
Service.
MONTHLY RATE REF. NO.
Lights Burning Dusk to Dawn:
High Pressure Sodium Lamps:
4,100 lumen lamps, 50 watts, per lamp, per month. .010 $ 10.53 I
5,800 lumen lamps, 70 watts, per lamp, per month..020 10.62 R
9,500 lumen lamps, 100 watts, per lamp, per month..030 11.14 R
16,000 lumen 1 amp s , 150 watts, per lamp, per month. .040 11.97 R
22,000 lumen lamps, 200 watts, per lamp, per month..050 12.84 R
27,500 lumen lamps, 250 watts, per lamp, per month. .060 13.84 R
50,000 lumen lamps, 400 watts, per lamp, per month. .070 16.67 R
140,000 lumen lamps, 1,000 watts, per lamp, per month..080 25.89 R
Metal Halide Lamps:
8,500 lumen lamps, 100 watts, per lamp, per month..110 $ 12.10 R
14,000 lumen lamps, 175 watts, per lamp, per month. .120 13.01 R
20,500 lumen lamps, 250 watts, per lamp, per month. .130 14.25 R
- 36,000 lumen lamps, 400 watts, per lamp, per month. .140 16.66 R
110,000 lumen lamps, 1,000 watts, per lamp, per month. .150 27.36 R
Induction Lamps:
3,500 lumen lamps, 55 watts, per lamp, per month .160 $ 10.64 I
6,000 lumen lamps, 85 watts, per lamp, per month .170 11.08 R
12,000 lumen lamps, 165 watts, per lamp, per month .180 12.50 R
Compact Fluorescent Lamps:
1,100 lumen lamps, 18 watts, per lamp, per month. .210 $ 10.59 I
1,750 lumen lamps, 28 watts, per lamp, per month..220 10.74 I
(Continued on Sheet No. 85A)
ADVICE LETTER
NUMBER
1434
ISSUE
DATE
May 23, 2005
DECISION
NUMBER
C05-0597
VICE PRESIDENT,
Policy Development
EFFECTIVE
DATE June 1, 2005
COLO PUC NO.7 Electric
PUBLIC SERVICE COMPANY OF COLORADO
Sheet No. 85A
POBox 840
Denver CO 80201-0840
Cancels
Sheet No.
ELECTRIC RATES
RATE
STREET LIGHTING SERVICE
SCHEDULE SL
MONTHLY RATE - Cont'd REF. NO.
Lights Burning Dawn to Dusk:
High Pressure Sodium Lamps:
5,800 lumen lamps, 70 watts, per lamp, per month...310 $ 10.63
16,000 lumen 1 amp s , 150 watts, per lamp, per month. . .320 11.99
22,000 lumen lamps, 200 watts, per lamp, per month.. .330 12.86
27,500 lumen lamps, 250 watts, per lamp, per month. . .340 13.88
50,000 lumen lamps, 400 watts, per lamp, per month.. .350 16.72
Lights Burning 24 Hours Per Day:
High Pressure Sodium Lamps.
5,800 lumen lamps, 70 watts, per lamp, per month. . .410 $ 10.71
16,000 lumen 1 amp s , 150 watts, per lamp, per month. . .420 12.16
22,000 lumen lamps, 200 watts, per lamp, per month. . .430 13.09
27,500 lumen lamps, 250 watts, per lamp, per month.. .440 14.17
50,000 lumen 1 amp s , 400 watts, per lamp, per month...450 17.20
ADJUSTMENTS
This rate schedule lS subject to all applicable Electric
Rate Adjustments as on file and in effect in this tariff.
PAYMENT AND LATE PAYMENT CHARGE
Bills for electric service are due and payable within fifteen
(15) days from date of bill. Any amounts not paid on or before
the due date of the bill shall be subject to a late payment
charge of 1.5% per month.
STREET LIGHT OUTAGE REPORTING
The Company shall provide convenient and effective means
for any persons to report street light outages. Such
procedures may include, but are not limited to, establishing a
single purpose telephone number, a single-purpose electronic
mail address or a single purpose reporting form accessible
through the Company's website, currently "xcelenergy.com".
PROVISIONS APPLICABLE TO MUNICIPAL CUSTOMERS
This section is applicable to
Company's service territory that
under these municipal provisions.
municipalities within the
elect to recelve service
(Continued on Sheet No. 85B)
ADVICE LETTER
NUMBER
ISSUE
DATE
DECISION
NUMBER
VICE PRESIDENT
Policy Development
EFFECTIVE
DATE
N
N
N
N
N
N
N
N
N
N
N
,
COLO PUC NO.7 Electric
PUBLIC SERVICE COMPANY OF COLORADO
Sheet No. 85B
POBox 840
Denver, CO 80201-0840
Cancels
Sheet No.
ELECTRIC RATES
RATE
STREET LIGHTING SERVICE
SCHEDULE SL
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PROVISIONS APPLICABLE TO MUNICIPAL CUSTOMERS Cont'd
Burn Out Rate:
For municipalities that choose to recelve the sampling
services and bill credits as described herein, the Company
shall conduct, In cooperation with the Customer, annual
sampling studies of streetlights being paid for by the
customer. The statistical samples required to estimate the
streetlight burn-out rates by municipality will be designed
with a 90% confidence that the sample estimate will be
within + 2% of the burn-out rate of the population being
sampled.
Alternatively, the Company and the Customer may mutually
agree upon a more targeted sampling methodology. The
Company shall stagger the annual sampling studies it
conducts for those Customers that have elected to receive
serVlce under these provlslons scheduling them to occur at
least once every twelve months for each Customer between
October 1 and March 31't of each year.
For each sampling study which shows that more than two
percent (2%) of street lights are not operating, the Company
may request permission to conduct a resampling study in
cooperation with the Customer, but the resampling may not
occur sooner than thirty (30) days following the date of the
most recent sampling study or resampling study. The resample
shall occur within thirty (30) days of the Customer's
receipt of the Company's request to conduct a resample,
unless otherwise mutually agreed. If the Company and the
Customer are unable to conduct the resample wi thin this
time, and the delay lS attributable solely to the
unavailability of the Customer, the bill credit owing as a
result of the prlor sampling study shall cease in the
following month. If the resampling shows that less than
or equal to two percent (2%) of the street lights are not
operating, the bill credit owing as a result of the prior
sampling study shall cease in the following month. If the
resampling study shows that more than two percent (2%) of
the street lights are not operating, but at a different
percentage than shown in the prior sampling study or
resampling study, the amount of the future payments to the
Customer shall be calculated in accordance with the
percentage In the current resampling study, and shall go
into effect the month following the resample.
N
(Continued on Sheet No. 85C)
ADVICE LETTER
NUMBER
ISSUE
DATE
DECISION
NUMBER
VICE PRESIDENT,
Policy Development
EFFECTIVE
DATE
COLO PUC No.7 Electric
PUBLIC SERVICE COMPANY OF COLORADO
Sheet No. 85C
POBox 840
Denver CO 80201-0840
Cancels
Sheet No.
ELECTRIC RATES
RATE
STREET LIGHTING SERVICE
SCHEDULE SL
PROVISIONS APPLICABLE TO MUNICIPAL CUSTOMERS - Cont'd
Burn Out Rate: - Cont'd
The Customer lS also authorized to require one resampling
if the annual sampling study shows an outage rate that
exceeds one and seven tenths percent (1.7%). The resampling
shall be conducted within thirty (30) days following the
Company's receipt of a request to resample from the Customer
and may be scheduled at any time from three to nine months
following the annual sampling study.
Any outages above the two percent (2%) threshold
addressed as described above, with the same
applying to outages exceeding two percent
demonstrated In the initial sampling study.
N
shall be
remedies
(2%) as
Burn Out Rate - Bill Credit:
If the results of the sampling study show that the
street light burn out rate exceeds two percent (2%), then
the Company shall reduce the Customer's total street
light bill for service delivered under this tariff by the
percentage, rounded to the nearest one tenth of one
percent, that the burn out rate exceeds two percent. For
example, a 3.2% outage rate will result in a 1.2%
discount per month for each month until the Company's
resampling shows that the outage rate has fallen to 2% or
below.
N
-
Restoration of Street Light Service'
Beginning January 1, 2008, the Company shall, upon
recelvlng notice of a street light not being operational,
use its best efforts to repair the street light to an
operational condition within five (5) days of receiving
notice.
N
(Continued on Sheet No. 850)
.
ADVICE LETTER
NUMBER
DECISION
NUMBER
ISSUE
DATE
VICE PRESIDENT,
Policy Development
EFFECTIVE
DATE
COLO PUC No.7 Electric
PUBLIC SERVICE COMPANY OF COLORADO
Sheet No.
85D
POBox 840
Denver, CO 80201-0840
Cancels
Sheet No.
ELECTRIC RATES
RATE
STREET LIGHTING SERVICE
SCHEDULE SL
-
PROVISIONS APPLICABLE TO MUNICIPAL CUSTOMERS - Cont'd
Restoration of Street Light Service: - Cont'd
Commencing on February 15, 2008, and on the fifteenth of
every month thereafter, the Company shall provide monthly
reports to the Commission and to each municipality electing
to receive serVlce under these municipal provisions
detailing the Company's actual performance for the past
month as to such municipality. The report will be
accompanied by any supporting documentation reasonably
required by the municipality to verify the results of the
report. On or about January 15, 2009, the Company shall
provide to the Commission and to each municipality electing
to receive serVlce under these municipal provisions a report
detailing the Company's actual performance for Calendar Year
2008 for such municipality. Beginning February 15, 2009,
and on the fifteenth of every month thereafter, the Company
shall provide to the Commission and to each municipality
electing to recelve service under these municipal provisions
a report detailing the Company's actual performance for the
previous month and the prevlous twelve (12) calendar months
(including the reported month) for such municipality.
N
Street Lighting Service Restoration - Bill Credit:
Company shall provide a bill credit equal to 6,5
percent of the affected municipality's non-routine
maintenance charges for Calendar Year 2008 if > 15
percent of the reported street light outages for that
year were not repaired to operational condition within 5
days. After 2008, the Company shall provide a bill
credit equal to 6.5 percent of the prevlous month's non-
routine maintenance charges if > 15 percent of the street
lights reported during the previous twelve months were
not repaired within 5 days.
N
Street Light Inventory Report:
The Company shall annually provide a municipality
electing to recelve serVlce under these municipal
provlslons with a spreadsheet In Excel format of all
street lights billed by the Company, specifying the
location, type and lumen rating of each light, and shall
provide with each monthly bill a list of all additions
and deletions, specifying the same information.
N
(Continued on Sheet No. 85E)
ADVICE LETTER
NUMBER
ISSUE
DATE
DECISION
NUMBER
VICE PRESIDENT,
Policy Development
EFFECTIVE
DATE
COLO PUC No 7 Electric
PUBLIC SERVICE COMPANY OF COLORADO
Sheet No. 85 E
POBox 840
Denver CO 80201-0840
Cancels
Sheet No
ELECTRIC RATES
STREET LIGHTING SERVICE
SCHEDULE SL
PROVISIONS APPLICABLE TO MUNICIPAL CUSTOMERS - Cont'd
Charge Associated with Municipal Services:
For those municipalities electing to receive the burn out
rate sampling studies and the street light restoration
reports and be eligible to recelve the associated bill
credits under these municipal provisions, the monthly rate
shall be increased by $X.XX/lamp.
RULES AND REGULATIONS
Service supplied under this schedule is subject to the
terms and conditions set forth in the Company's Rules and
Regulations for Street Lighting Service and to all other
applicable Rules and Regulations of the Company on file with
The Public Utili ties Commission of the State of Colorado and
the following special conditions:
1. The Monthly Rate for Street Lighting Service includes
the ordinary and routine maintenance and replacement
for lamps and light sensitive devices. All other
maintenance and replacement for street lighting
facilities will be separately billed to customer in
accordance with the provisions of Maintenance Charges
for Street Lighting Service In Company's Rules and
Regulations for Street Lighting Service.
2. Compact Fluorescent lighting is for ornamental purposes
only and Company assumes no liability for injury or
accident due to minimal lighting level.
3. The Company shall provide bills for non-routine street
light maintenance service to the person designated by
the city or town to receive such bills within sixty
(60) days after non-routine street light maintenance
work at a particular location has been completed.
(Continued on Sheet No. 85F)
ADVICE LETTER
NUMBER
DECISION
NUMBER
ISSUE
DATE
RATE
N
N
N
N
N
N
I
EFFECTIVE
DATE
VICE PRESIDENT,
Policy Development
COLO PUC No.7 Electric
PUBLIC SERVICE COMPANY OF COLORADO
Sheet No. 8 9
POBox 840
Denver, CO 80201-0840
Cancels
Sheet No.
ELECTRIC RATES
TRAFFIC SIGNAL LIGHTING SERVICE
SCHEDULE TSL
APPLICABILITY
Applicable for
served by the Company
service only to such cities and
for Traffic Signal Lighting Service.
towns
DEFINITIONS
Traffic Facility(ies). Any Customer-owned or authorized
traffic signal, traffic signage or other traffic control
or monitoring device, equipment or facility, including
all associated controls, connections and other support
facilities or improvements, located in any public right
of way or place or other City or Town property,
-
Company Facilities. For purposes of schedule TSL, Company
facilities shall mean all facilities of the Company
reasonably necessary to provide electric service to a
Traffic Facility, including but not limited to,
generation plants, works, systems, substations,
transmission and distribution structures, lines,
equipment, conduit, transformers, underground lines,
meters, meter reading devices, communication and data
transfer equipment, control equipment, wire, cables and
poles.
Customer. As used in Schedule TSL, Customer shall mean a
city or town to which the Company provides Traffic Signal
Lighting Service.
MONTHLY RATE
Per watt of Connected Load..... .",....... ....... ......
ADJUSTMENTS
This rate schedule lS subject to all applicable Electric
Service Adjustments as on file and in effect in this tariff.
PAYMENT AND LATE PAYMENT CHARGE
Bills for electric service are due and payable within
fifteen (15) days from date of bill. Any amounts not paid on
or before the due date of the bill shall be subject to a late
payment charge of 1.5% per month.
(Continued on Sheet No. 89A)
ADVICE LETTER
NUMBER
ISSUE
DATE
EFFECTIVE
DATE
DECISION
NUMBER
VICE PRESIDENT,
Policy Development
RATE
$ 0.00790
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
COLO PUC No. 7 Electric
PUBLIC SERVICE COMPANY OF COLORADO
Sheet No 89A
POBox 840
Denver, CO 80201-0840
Cancels
Sheet No.
ELECTRIC RATES
TRAFFIC SIGNAL LIGHTING SERVICE
SCHEDULE TSL
CONNECTED LOAD
The Connected Load will be determined by the total watt
load of all traffic signal lights connected to each load point
or intersection.
DETERMINATION OF BILLING ENERGY
The Billing Energy to calculate all non-base rate Electric
Rate Adjustments shall be determined according to the following
formulas:
Ref. No. 010
Traffic Signal Lighting in Normal (continuous) Mode, where
percent of flashing time is less than or equal to (50%):
Billing Energy In kWh = 0.2555 * Connected Load
Ref. No. 020
Traffic Signal Lighting in Flashing Mode, where percent of
flashing time is more than fifty percent (50%):
Billing Energy in kWh = 0.1168 * Connected Load
RULES AND REGULATIONS
Service supplied under this schedule is subject to the
terms and conditions set forth in Company's Rules and
Regulations on file with The Public Utilities Commission of the
State of Colorado and the following special conditions:
1. For each permanent connection, the Company will install
necessary overhead or underground distribution
facilities under the terms and conditions of its
electric Service Connection and Distribution Line
Extension Policy. In all cases the customer will
furnish, install, and maintain the disconnecting
switches and protective equipment at the point of
delivery. The Company agrees to complete installation
or relocation of Company Facilities necessary to
provide new or modified electric serVlce to a Traffic
Facili ty wi thin a reasonable time, not to exceed one
hundred twenty (120) days from the date upon which the
Customer makes a work request that includes all
required supporting documentation requi red to design
and perform the requested work.
(Continued on Sheet No. 89B)
ADVICE LETTER
NUMBER
ISSUE
DATE
RATE
S
S
S
S
S
S
S
S
S
S
s
s
s
s
N
N
N
N
N
N
N
N
DECISION
NUMBER
VICE PRESIDENT,
Policy Development
aFECTIVE
DATE
COLO PUC NO.7 Electric
PUBLIC SERVICE COMPANY OF COLORADO
Sheet No. 89B
POBox 840
Denver CO 80201-0840
Cancels
Sheet No.
ELECTRIC RATES
TRAFFIC SIGNAL LIGHTING SERVICE
SCHEDULE TSL
-
RULES AND REGULATIONS - Cont'd
The Company shall be entitled to an extension of time
to complete the installation or relocation where the
Company's performance lS delayed due to a cause that
could not be reasonably anticipated by the Company or
lS beyond its reasonable control, after exercise of
best efforts to perform, including but not limited to
fire, strike, war, riots, acts of governmental
authority, acts of God, judicial action,
unavailability or shortages of materials or equipment
and failures or delays In delivery of materials. Upon
request of the Company, the Customer's designee may
also grant the Company reasonable extensions of time
for good cause shown which extensions shall not be
unreasonably withheld.
2. If the service is to be temporary or if an installation
is to be moved from one location to another, customer
will pay all Company costs of construction and removal.
3. Customer will furnish, install, operate and maintain
all traffic signal equipment including poles,
standards, fixtures, lamps, conductors, cables,
contactors, switches, timing devices, remote controls
and all other apparatus necessary to the operation of
its traffic signal system on the load side of a point
of delivery designated by Company.
4. Customer will notify the Company of the type, wattage
and burning hours of each traffic signal and of any
changes in same. The Company will not be required to
make any change In its billing of any traffic signal
until so notified.
5. In order to receive credit for the flashing mode of
operation in the Determination Billing Energy, the
customer must inform the Company in writing of the
location of the intersection and the duration of the
flashing mode of operation.
(Continued on Sheet No. 89C)
ADVICE LETTER
NUMBER
ISSUE
DATE
RATE
N
N
N
N
N
N
N
N
N
N
N
N
N
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
DECISION
NUMBER
VICE PRESIDENT,
Policy Development
EFFECTIVE
DATE
COLO PUC No.7 Electric
PUBLIC SERVICE COMPANY OF COLORADO
Sheet No. 89C
POBox 840
Denver CO 80201-0840
Cancels
Sheet No.
ELECTRIC RATES
TRAFFIC SIGNAL LIGHTING SERVICE
SCHEDULE TSL
RULES AND REGULATIONS - Cont'd
6. For those Customers that are located within the
Company's Operating Regions where an Outage Management
System (OMS) has been installed, the Company shall
maintain a dedicated phone line wi thin the Company's
Denver Metro Control Center for such Customers to call
to notify he Company of an interruption of electric
service to a Traffic Facility that is the
responsibility of the Company. At the time the
Company receives the call, or within one hour of
receiving notification of the interruption of electric
service to a Traffic Facility if the status lS unknown
at the time the call lS received, the Company agrees
to provide the Customer's designee with a best
estimate of when the Company expects to be able to
restore electric service to or otherwise repalr
electric service to the Traffic Facility. wi thin one
hour of learning any information that indicates there
lS a change in the initial or any subsequently revised
estimate, the Company shall provide an update of the
status of restoration.
ADVICE LETTER
NUMBER
DECISION
NUMBER
Repair status and updates - bill credit. The Company
agrees to pay a bill credit of $2,500.00 to the
affected Customer for each time it fails to timely
provide an estimate of when it expects to restore
power or otherwise repalr electric service to the
Traffic Facility, and each time it fails to timely
provide a required update.
(Continued on Sheet No. 890)
ISSUE
DATE
RATE
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
"'l'1'
N
N
N
N
N
N
N
VICE PRESIDENT,
Policy Development
EFFECTIVE
DATE
COLO PUC No. 7 Electric
PUBLIC SERVICE COMPANY OF COLORADO
Sheet No. 8 9 D
POBox 840
Denver, CO 80201-0840
Cancels
Sheet No.
ELECTRIC RATES
TRAFFIC SIGNAL LIGHTING SERVICE
SCHEDULE TSL
RULES AND REGULATIONS - Cont'd
7. Upon receipt of notification from a Customer of a
Traffic Facility outage that is the responsibility of
the Company, the Company shall treat such interruption
as an emergency for purposes of response, restoLation
of service, and repair of Company Facilities serving
the affected Traffic Facility. In the case of an
electric service outage affecting a Traffic Facility,
the Company shall prioritize its response to the
outage above others by level of interruption. Also,
In allocating resources to respond to the Traffic
Facility outage, the Company may consider other
emergencies currently affecting utility service and
allocate Lesources accordingly. Consistent with the
above, the Company agrees to employ its best efforts
In responding to a Traffic Facility outage and in
restoring and/or repairing Company Facilities
affecting Traffic Facility outages.
-
ADVICE LETTER
NUMBER
ISSUE
DATE
RATE
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
DECISION
NUMBER
VICE PRESIDENT,
Policy Development
EFFECTIVE
DATE
RICHARD P KISSINGER
KENNETH S, FELLMAN
BRETT D, CHARDA VOYNE
BOBBY G. RILE}
JONA THAN ~BRAMSON
'\IANCY E. CORNISH
KISSINGER & FELLMAN, P.C.
A TTORNEYS A T LAW
PTARMIGAN PLACE. SUITE 900
3773 CHERRY CREEK NORTH DRIVE
DENVER, COLORADO 80209
TELEPHONE: (303) 320-6100
TOLL FREE 1-877-342-3677
FAX: (303)320-6613
www.kandf.com
ROBERT E. JAROS
1941 - 2002
ATTORNEY - CLIENT PRIVILEGED
MEMORANDUM
TO'
Municipalities Involved in PSCo's Quality of Service Proceeding
FROM.
Ken Fellman
DATE.
July 28,2006
RE:
Settlement Documents
-
A settlement agreement has been concluded with PSCo, and is set forth In the attached
StipulatIOn and tariff documentation. This memo is mtended for your use with your elected
bodies, and will describe the history of the proceedmg and proposed resolution. Feel free to pass
this on in its entirety or cut and paste as you see fit into your own memo. We are suggesting that
the proposed settlement be brought before each elected body at your earliest convemence, and
that you advise me as soon as possible as to when it is scheduled, and whether there are any
additional questions or Issues you need addressed in connection with seeking approval of this
agreement.
BACKGROUND
Beginnmg a number of years ago, through the Utilities Committee of the Colorado
MuniCipal League ("CML"), attempts were made to negotiate a model franchise with Public
Service Company of Colorado ("PSCo"). CML's attempts to negotiate a model franchise
agreement with PSCo were unsuccessful, in part due to PSCo's consistent refrain that
municipalities had no authority to address many of the issues of concern to us, and that the
appropriate entity to address those issues was the Colorado Public Utilities Commission
("PUC"). While these discussions were occurring, mumclpal representatives began sharing
information about problems experienced with PSCo. While the municipal position has always
been that most of the operational issues are appropriately addressed in franchise agreements, a
number of mumcipalities decided to intervene in the current Quality of Service Proceeding
("QSP") filed by PSCo at the PUC, in order to get a final determination on these issues.
PUC PROCEEDING
The municipalities that mtervened in the PUC QSP identified four major categories of
problems m the operational relationship with PSCo. Those are (1) facility installation and repair
standards (which includes bulb replacements, street light and traffic signal repairs, street light
installations, outages and service reliability); (2) relocation ofPSCo facilities for public projects;
ATTACHMENT 2
July 28, 2006
Page 2
(3) undergrounding estimates (where there has been little correlation ofPSCo estimates to actual
costs); and (4) numerous billmg problems.
A heanng was held at the PUC March 6, 2006 through March 10, 2006. After the
hearing the parties each submitted written statements of position, and the PUC was planning to
issue a rulIng by June lsth Prior to June lsth, PSCo approached the mUnIcipal group, and
suggcsted a settlement agreement that included addressing some of the issues through
modificatiOns to PSCo's PUC tariffs and addressmg some of the issues through individual
municipal franchise provIsions. We have becn engaged in scttlement negotiations ever since that
time, and have recently concluded an agreement that I believe provides us with about 80% of
what we would have received had the PUC ruled entirely in our favor
SETTLEMENT TERMS
The municipal Issues are addrcssed In three documents. The first is titled "Partial
StipulatiOn and Settlement Agreement Addressmg Issues Raised by the Local Government
Intervenors and the City of Boulder " The document is referred to as a "partial stipulation"
because there are other parties that raised other issues in this proceedmg, outSide of the
municipal issues. The City of Boulder is named separately, because it participated independently
of the 17 other municipalities that Intervened jomtly in this action, although Boulder did
cooperate closely With us throughout the entirety of these proceedings. The second and third
documents are the tariff amendments that address some of the issues in our agreement. The
speCifics of these documents, as well as an anticipated side letter agreement, are described as
follows.
1 Settlement Agreement. PSCo has agreed that a number of operational Issues are
appropriately addressed in municipal franchise agreements. Note that In the past, in many
communities, PSCo had taken the pOSition that these items werc not appropriately part of local
franchise agreements. Those issues are
a. MUnIcipal requirements that the company provide information supporting
its billings to municipalities.
b. MUnIcipal requuements that the company to perform emergency locates of
facilities, consistent with state law.
c. Acknowledging local authonty to determine terms and conditions
governing relocation of company facilities located in local rights of way
d. Recognizing municipal authority to determine terms for conversion of
overhead facilities to underground.
KISSINGER & i"ELL~tAN, P.e. . 1773 Cherry Creek North Drive, Suite 900, Denver, CO !W209 . (03) 320-6100. FAX (303) 120-6613
July 28, 2006
Page 3
e. Recognizmg municipal authority to Impose terms and conditions
governing installatIOn of new or modified utility service for municipal
projects.
f. Recognizing municipal authority to require timely and understandable
bills for street light service and non-routme street light maintenance.
g. Recognizmg municipal authority to impose requirements for company
reporting of information relatmg to street light outages and non-routine
maintenance.
Also in the settlement agreement, PSCo acknowledges that many communities have
"most favored nations" clauses. As PSCo has recently entered into a new franchise agreement
with Denver, which contains provisions that are more favorable than some of our existing
franchise provisions, PSCo acknowledges that the most favored nations clauses in some
mUlllcipal franchises will permit modifications to incorporate these new, more favorable
provIsions.
-
PSCo has also agreed to use reasonable diligence to promptly report pertment
information regarding damage that may be caused to any PSCo facilities for whICh a
municipality might be financially responsible. The company will also meet with mumcipal
representatives periodically, and no less than annually, m order to develop, implement, review
and improve procedures for the gathering and transmittal of information that would be useful In
recovery efforts against third parties that damage company facilities.
2. Tariff provisions. PSCo has agreed to amend ItS tariffs to address the following
Issues:
a. Street light burnout rates MUlllcipalIties may choose to receive sampling
services and possible bill credits. For an increase in the municipal rate for
street lIghting service, the company will perform a statistical sampling of
street lights at least once every twelve (12) months, with the sampling to
occur between October 1 sl and March 31 sl PSCo is currently doing a cost
study to determine the amount of the increase, but it IS expected to be
approximately (and no more than) 5 cents per lamp, per month.
Municipalities will retain the nght to challenge this rate if we do not
believe it is accurately cost-based. If more than 2% of the street lights are
not operating, the municipality will receive a credit on each future
monthly bill III an amount that the burnout rate exceeds 2%. In other
words, if the burnout rate were 3.2%, the ensuing credit would be 1.2%.
The company will have the opportumty to resamp1e, and may cease
applying the bill credit when its burnout rate returns to 2% or less.
KISSIi'iGER & FELLMAN, p,c. . 3773 Cherrv Creek North Drive, Suite 900, Denver, CO 80209. (303) 120-6100 . FAX (303) 320-6613
July 28, 2006
Page 4
b Restoration of street light service. Beginning January 1,2008, the
company will be obligated to use best etlorts to repair any non-operational
street lights within five (S) days of receiving notice. The company will
provide monthly reports to the Commission and to each municipality that
requests this service, mdlcating its compliance with this provIsion. If
greater than lS% of street light outages are not made operational withm
five (S) days of notice, mumclpahties will receIve a bill credit of 6.S% of
its non-routine maintenance charges in the following months bill.
c. Annual report. PSCO will provide an annual report to municipalities
electing to receive this service speCifYIng all street lights billed by the
company, the location, type and lumen rating of each light, and will
include with the monthly bill, a list of all additions and deletions
specifying the same information.
d. Billing PSCo will provide bills for non-routme street light maintenance
service to the person designated by a municipality to receive the bill
withm sixty (60) days after work at a particular location has been
completed.
e.
installation of company facilities (defined as allfacilities reasonably
necessary to provide electric service to a traffic facility). The company
will mstall all necessary facilities to make a traffic facility operational, or
when reqUired, relocate such facilities, within 120 days from the date upon
which a municipality makes the request. PSCo will be entitled to a
reasonable extension of time to complete the mstallation or relocation
where delay IS due to a cause beyond ItS control.
-
f. Traffic signal outages. For mumclpalities located within PSCo's
operating regions where an Outage Management System has been
Installed (this exists in the metro area and in a number of other parts of the
state), PSCo will have a dedicated phone line for customers to call and
notify of an outage of service to a traffic facility. Either at the time of
receipt of the call, or within one hour after receiving notification, the
company will provide to the municipality its best estimate as to when it
expects to restore service to that traffic facility In addition, Within one
hour of learnIng of any information that would cause a change in the
initial or any subsequently revised estimate, the company will proVide an
update on the status of the restoration to the municipality. If PSCo fails to
timely provide the estimate or any reqUired update, It will make a
$2,SOO 00 bill credit to the affected municipal customer Moreover, PSCo
agrees to treat interruptions in service to traffic facilities as "emergencies"
under its tariff and prioritize its response to such outages accordingly
KISSINGER & FELLMAN, P.c. . 3771 Cherry Creek North Drive, Suite 900, Denver, CO 8020(} . (03)320-6100 . FAX. (303) 320-6613
July 28, 2006
Page 5
g. Non-routine street light maintenance billings. PSCo will send all bills for
non-routine street light mamtenance to the municipality's designated
person within sixty (60) days after work at a particular location has been
completed. It will provide supporting information in Excel format and
Adobe pdf format to allow for municipal manipulatIOn of data.
MUnIcipalities may also request, and the company will provide, by
January 31 st, an estimate of all outstanding non-routine maintenance
billings for work completed during the previous calendar year. This will
assist municipalities m budgeting for maintenance billings on projects that
are still outstanding for the coming year
3 Side letter to address ElectronIc Data Interchange ("EDI"). PSCo will provide
the EDI Pro Software to any of the municipal intervenors that elect to implement EDI; including
translator, and mapping tools at a cost of approximately $2500.00 per municipality. EDI will
allow PSCo to provide bills that are capable of being edited and manIpulated by the customer.
In addition, Public Service technical and project management staff will provide additional
support to assist those municipalities who elect to implement EDI with EDI billing.
CONCLUSIONS AND RECOMMENDATIONS
-
The municipal intervenors suggested 18 performance measures to the CommissIOn in the
QSP. Of those few issues where the settlement agreement does not give us most of what we
initially requested, one is III the area of penalties. With respect to the tariff modifications, we
had proposed more stnngent penalties to be paid by the company for non-compliance. The
company insisted that it was not willing to agree to the higher level of penalties we proposed,
and that its desire not to be brought before the PUC in order to respond to claims of violating the
tanffwas sufficient incentive to cause the company to comply with these provisions. While we
would have liked to see greater penalties to add additional mcentive, we will need to be prepared
to go back to the PUC and seek those additIOnal sanctions through tariff modifications If PSCo
does not reasonably comply with the new tariff provisions. In addition, we also proposed a
benchmark that would allow mUnICipalities to shut off streetlights to save money. That proposal
was not included in the settlement agreement.
Again, based upon the 18 performance measures we suggested to the PUC, and
recognizing the fact that It was unlikely that we would have received an order from the PUC
grantmg all of the relief we requested, I believe that the settlement agreement gets us about 80%
of our goal. In that regard, it is a very positive settlement, and an excellent resolution of the
issues that so many mUnICipalities have struggled With in connectIOn with thelf relationship with
PSCo
Certain individual communities within our municipal intervenor group had specific
problems with outage levels and system reliability Due to the indiVidual nature of these
concerns, and the fact that they do not extend throughout the entire mUnIcipal group, it was
KISSINGER & FELLMAN, P.c. . 3773 Cherry Creek North Drive, Suite 900 Denver, CO 80209. (303) 320-6100. FAX. (303) 320-0613
July 28, 2006
Page 6
difficult to address these in a broader settlement agreement. The City and County of Denver
raised a number of Issues regardmg service reliability, and m its separate settlement with the
PUC on those issues, standards have been set that hopefully will mcrease reliability m all areas
ofthe state in which PSCo operates. In addition, PSCo has created a new positIOn for an
individual to supervise the relationships between PSCo and the local governments that it serves.
To the extent that any mdividual commumty IS frustrated m ItS effort to resolve mdividual
community issues with your local representative, I encourage you to contact Jay Herrmann at
303-294-2315 or iay.herrmann(a),xcelenergy.com.
I appreciate all of the hard work that each of the municipal participants put mto this
proceeding. Wcre it not for that mvestment of time and effort, we would not havc been
successful m achievmg this resolutIOn. If any municipality has contmuing questions or concerns
regarding any of the Issues described m this memo, please contact me at your earliest
convemence.
-
KISSINGER & FELL~tAN, p,c. . 3773 Cllerry Creek North Drive, Suite 900 Denver, CO 80209. (303) 320~6100 . FAX, (03) 120-6613
ITEM NO J \ E I
REQUEST FOR CITY COUNCIL ACTION
'/$~
~ ~~ II[ un
COUNCIL MEETING DATE.
August 28, 2006
TITLE:
RESOLUTION 41-2006 - A RESOLUTION APPROVING AN
INTERGOVERNMENTAL AGREEMENT (IGA) WITH THE
METRO W ASTEW A TER RECLAMATION DISTRICT FOR THE
RELOCATION OF WASTEWATER FACILITIES AT
YOUNGFIELD STREET AND 40TH AVENUE
o PUBLIC HEARING
o BIDS/MOTIONS
[g] RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date: _)
o ORDINANCES FOR 2ND READING
Quasi-Judicial:
o
Yes
[g]
No
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EXECUTIVE SUMMARY:
Youngfield Street from 38th and 44th Avenue widening project will conflict with the Clear Creek
Parallel Interceptor and Meter Facility; therefore, relocation of the wastewater mfrastructure is
necessary to contmue Its function. The City is responsible for the design and constructIOn of the
relocated facilities and should enter into an Intergovernmental Agreement (IGA) with the Metro
Wastewater Reclamation District (MWRD) to effectively manage this task. The City Attorney and
Public Works Staff have reviewed and recommend that this IGA be approved.
COMMISSION/BOARD RECOMMENDATION:
N/A
ST A TEMENT OF THE ISSUES:
The interceptor and metering station III conflict at Y oungfield Street and 40th A venue are owned and
mamtamed by the Metro Wastewater Reclamation District (MWRD) These facilities are utilized to
meter flows from App1ewood Water and Sanitation and the Pleasant View Water and Sanitation
District. The relocation of the facilities will require extensive construction coordmation between the
contractor and all affected parties. In addition, MWRD requires that vanous relevant management
plans be m place during the relocation, mcludIng wastewater by-pass plans and emergency
preparedness plans to prevent spills of hazardous matenals. The District felt that these various aspects
are crucial to the relocation and the proposed agreement will establish the details to ensure a
successful construction. The City has closely worked with the MWRD on the details ofthe agreement
and IS satisfied with the conditions. Staff IS recommending that the City Council accept the agreement
to allow the widening of Y oungfield Street.
AL TERNA TIVES CONSIDERED:
None.
FINANCIAL IMPACT:
The City IS responsible for the cost of design and the construction of facility relocations required by
thiS proJect. The costs for the utility relocation have been previously approved through project
authorizatIOn and are included in the contract for the widening of Y oungfield Street. The City's
contractor is responsible for proViding the necessary insurance as identified in the agreement.
RECOMMENDED MOTION:
"I move to Approve Resolution 41-2006 - A Resolution Approving an Intergovernmental Agreement
(IGA) with the Metro Wastewater Reclamation District for the Relocation of Wastewater Facilities at
Youngfield Street and 40th Avenue."
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Or,
"I move to table indefinitely Resolution 41-2006 - A Resolution Approving an Intergovernmental
Agreement (IGA) with the Metro Wastewater Reclamation District for the Relocation of Wastewater
FaCilities at Y oungfield Street and 40th A venue for the followmg reason(s) "
Report Prepared by'
Reviewed by:
Steve Nguyen, Engineering Manager
Tim Paranto, Director of Public Works
Attachments:
1. Intergovernmental Agreement
2. Resolution 41-2006
INTERGOVERNMENTAL AGREEMENT FOR RELOCATION
OF INTERCEPTOR FACILITIES
This Agreement, made and entered this lSw-day of {VIp,.y ,2006 by and between
the City of Wheat Ridge and the Metro Wastewater Reelamation Distnct, a metropolitan sewage
disposal district organized and existing pursuant to Part 5 of Article 4 of Title 32 of the Revised
Statutes of the State of Colorado, hereinafter referred to as "Metro District"; and hereinafter referred
to as or Individually referred to as "Party" or collectively referred hereto as "the Parties;
WHEREAS the Metro District currently owns and operates a sanitary sewer Interceptor,
known as the Clear Creek Parallel Interceptor, Within City of Wheat Ridge right of way,
WHEREAS, the Metro District currently owns and operates a sanitary sewer metenng facility
known as the Applewood- Y oungfield, Pleasantview- Y oungfield Metering Facility within City of
Wheat Ridge nght of way, hereinafter referred to as the "Meter Facility";
WHEREAS, the City of Wheat Ridge desires to construct the Y oungfield Street Widening
Project between W 38th Ave and W. 44th Ave., which would conflict With the Clear Creek Parallel
Intcrceptor and Meter Facility;
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WHEREAS, relocation of the Clear Creek Parallel Interceptor and Meter Facility WithIn
Project limits, as generally shown on Exhibit A attached hercto, hereinafter referred to as the
"RelocatIOn", would elimmate the conflict;
NOW, THEREFORE, in consideratIOn of the covenants and mutual promises herein
contamed and for other good and valuable consideratIOn, the parties hereto agree as follows:
I The City of Wheat Ridge through its professional consultmg engineer Felsburg, Holt
& Ullevlg shall prepare constructIOn plans and specifications for the Relocation m accordance with
Metro Dlstnct standards as generally shown on Exhibit A.
2. The Metro Distnct shall review, provide comments and approve the constructIOn
plans and speCifications. The Metro Distnct's approval shall not be unreasonably Withheld or
delayed.
3. The City of Wheat Ridge shall pay 100% of the design and construction costs for the
RelocatIOn. The City of Wheat Ridge shall provide a finished metering facility complete with an
electncal power drop provided by Xcel Energy up to the Master Disconnect. The Metro District
shall then relocate all electncal and mechanical metering components and cabinets, which perform
the measurement of sewage quantity and strength, from the old meter facility to the new Meter
ATTACHMENT 1
Facility location. The City of Wheat Ridge shall reimburse the Metro District for all reasonable
costs incurred with this work. The City of Wheat Ridge shall not be responsible for operation,
monitoring or maintenance of the electrical or mechanical metering components attached to the
Relocation.
4. The City of Wheat Ridge shall arrange for the construction of the RelocatIOn, in
accordance with the plans and specifications approved by the Metro District, by a competent and
qualified contractor. The City shall require its contractor to carry insurance as set forth below, and
the Metro DistrIct will be included as an additional insured, except for workers' compensation, on a
pnmary and non-contributory basis. Proof of insurance shall be provided to the Metro District prior
to commencement of construction. The following coverage shall be provided:
a. Commercial General Liability insurance of not less than $2,000,000 each
occurrence and $2,000,000 aggregate;
b. Worker's Compensation coverage as required by statute;
c. Comprehensive Business/Automobile Liability insurance with a combined
single limit for Bodily InJury and Property Damage of not less than
$1,000,000 per accident;
d. Builder's Risk insurance covering the work under this Agreement; and
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e. Contractor's Pollution Liability insurance with limits of $5,000,000 each
occurrence and $5,000,000 aggregate.
5 If the Relocation will require wastewater flow management (i.e. by-pass pumping),
the City of Wheat Ridge shall submit a Wastewatcr Flow Managemcnt Plan (WFMP) that conforms
With the Metro Dlstnct's WFMP Specifications, a copy of which is attached as Exhibit B. The City
of Wheat Ridge shall submit its WFMP in accordance with paragraph 1.5A of Exhibit B. If no
wastewater flow management is required for the Relocation, then no later than ten (10) business days
prior to startmg construction on the Relocation, the City of Wheat Ridge shall submit to the Metro
District a Wastewater Discharge Emergency Response Plan (WDERP) for review Construction on
the RelocatIOn shall not begin until the WDERP has been approved m writmg by the City of Wheat
Ridge.
A contractor implementing the WFMP and/or the WDERP is a contractor to the City of
Wheat Ridge, not the Metro District. Therefore, the City of Wheat Ridge and its contractor will be
responsibre for compliance with all federal, state and/or local environmental laws and regulations
and thc City of Wheat Ridge will bear all liability for any noncompliance with those laws or
regulations, including notification requirements.
In the event of a spill, overflow or discharge of pollutants, including raw wastewater, which
2
may cause pollution of state waters], the City of Wheat Ridge shall immediately notifY the followmg
parties:
a. Colorado Department of Public Health and Environment, Spill Report Line,
1-877-518-5608; and
b National Response Center, 1-800-424-8802.
In addition to the reporting requirements of the paragraph above, the City of Wheat Ridge
shall Immediately notifY the Metro District's Process Control Center (303-286-3275) in the event of
any spill, overflow or discharge of pollutants to the environment, regardless of whether or not it may
cause pollutiOn of state waters.
6. The City of Wheat Ridge shall provide throughout the term ofthe construction ofthe
Relocation, competent and qualified project administration and quality control. The Metro District
shall have the right to visit the Project and inspect the Relocation work at any time and to confer with
the City of Wheat Ridge project administrator.
7. The Metro District shall have the right to review and comment on all shop drawings
and other contractor submittals pertaining to the Relocation. The City of Wheat Ridge shall submit
four (4) approved legible copies of such shop drawings and submittals to the Metro District prior to
construction ofthe work described therein. In addition, all shop drawings and other submittals shall
be provided to the Metro Distnct as Adobe Portable Document Format (PDF) files.
8. The City of Wheat Ridge shall notifY the Metro District of any change to the
construction plans or specifications during construction which involve the Relocation, and shall
obtam Metro Distnct approval, not to be unreasonably withheld or delayed, prior to authonzmg such
change.
9 The City of Wheat Ridge shall be responsible for obtainIng and complYIng with any
permits or approvals necessary from any governmental entity wlthjunsdlction over the Relocation.
10 The City of Wheat Ridge and the Metro District shall jointly inspect the Relocation
during construction and upon completion of construction, and the City of Wheat Ridge shall
coordinate and pay for repair of any defects noted. The Metro District shall provide prompt
inspection of the Relocation. At time of Inspection, should the Metro District find the work
acceptable, a written record of Metro Wastewater concurrence will be made in the daily project
inspection journal. The City of Wheat Ridge will not be required to remove or replace elements of
the Relocation which were given concurrence by Metro District as noted m the daily project
Inspection journal.
1 For purposes of this paragraph 5, the phrases "discharge of pollutants" and "state waters" shall have the same
meanings as in the Colorado Water Quality Control Act, C.R.S. S 25-8-101 et. seq.
3
11 The CIty of Wheat RIdge shall not dIscharge wastewater to the RelocatIon untIl the
Metro Distnct has accepted the RelocatIOn for operation and mamtenance The Metro Dlstnct shall
accept the RelocatIon for operation and mamtenance only after the followmg have been completed.
a. The City of Wheat Ridge, has certified that the constructed flow capaCIty of the
approach channel and plpmg downstream of the metenng vault meets or exceeds
1 72 millIon gallons per day (MGD) for the Applewood Water and SanItation
Dlstnct flows, 766 MGD for the Pleasant View Water and SanItation Dlstnct
flows, and 908 MGD for their combmed flow, based on MannIng's equatIon
with an "n" value of 0 013 and "S" equal to the mstalled pIpe and approach
channel slope
b Final mspectIOn and approval by the Metro Dlstnct, whIch wIll not be
unreasonably WIthheld or delayed.
12 Ownership of the RelocatIOn shall be transferred by qUIt claim deed in the form
attached hereto as ExhibIt C by the City of Wheat RIdge withm thIrty (30) days of acceptance of the
RelocatIon by the Metro Dlstnct. Withm the lImitatIons Imposed by the Colorado ConstltutIon and
statutes, the CIty of Wheat RIdge shall defend, mdemnIfy and hold harmless the Metro Dlstnct from
any and all demands, claIms, lIens and encumbrances for work performed by Wheat Ridge or lts
contractors on the Relocation
13 The Relocation may reside on the Colorado Department of Transportal1on (CDOT)
ROW If so then pnor to constructIOn of the RelocatIOn, the CIty of Wheat Ridge shall obtam m
wrItmg the right for the facIlitIes to reside on CDOT ROW The Clty of Wheat Ridge shall obtam
a permit from CDOT for the RelocatIon The permIt IS generally expected to con tam the CDOT
UtllIty/ RelocatlOn/ SpeCIal Use Permlt Standard ProvIsIons and General PermIt Terms and
CondItions as shown in ExhIbit E.
14 Simultaneous WIth the delIvery to the Metro Dlstnct of an ongmal recordable and
properly executed QUIt Clatm Deed m the form of ExhIbit C. as referred to m paragraph 12 above,
the Metro District shall delIver to the City of Wheat Ridge an ongmal recordable and properly
executed Release and QUIt ClaIm of pipelIne and metering facilIty m the form attached as ExhibIt D,
to release and relinquIsh any and all claIm to the abandoned pIpelIne, metenng facIlity and
appurtenances
IS Both partIes acknowledge that due to the Relocation measured flow and sampling
data m the new Meter FacilIty may be different than those currently bemg registered m the existmg
meter faCIlIty Followmg Metro Dlstnct approval of the construction plans and specifications, and
Metro Distnct acceptance of the RelocatIOn, neither party shall make a claim that the new Meter
FacilIty requires correctlOn should flow and sampling data dIffer from present data.
16 The City of Wheat RIdge wIiI provide the Metro Dlstnct with acceptable Record
4
Drawings of the Relocation Wlthm 120 days of the Metro District acceptance of the Relocation.
17. The City of Wheat Ridge shall warrant those aspects of the Relocation for which it is
responsible, as described at Paragraph 3 herein, for a period of one year from the date of acceptance
by the Metro District. The City of Wheat Ridge shall not be responsible for maintenance of the
facilities constructed in the Relocation during this warranty period, nor for any aspects of the
Relocation which are the responsibility of the Metro District, as described at Paragraph 3 herein.
18. Following Metro District approval of the construction plans and specificatIOns,
acceptance of the Relocation, and the completion of the one year warranty period, the City of Wheat
Ridge shall be released from any and all requirements.
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19. Within the limitations imposed by the Colorado Constitution and statutes, the City of
Wheat Ridge shall defend, indemnify and hold harmless the Metro District, its employees, directors,
and agents from and against all claims, costs, losses, damages, suits, expenses, liabilities, fines,
penalties, and sanctions of every kind (including without limitation, reasonable attorneys fees, court
costs, and costs of investigation), arising out of or resulting from performance by the City of Wheat
Ridge of the obligations imposed upon It by this Agreement (hereinafter "Metro Losses"). The
Parties agree that the scope of this indemnification includes, but is not limited to, Metro Losses that
may arise under (i) federal environmental laws or regulations such as the Comprehensive
Environmental Response, Compensation and Liability Act, as amended by the Superfund
Amendment and Reauthorization Act and otherwise, the Resource Conservation and Recovery Act,
the Clean Air Act, the Toxic Substances Control Act, the Safe Drinking Water Act, the Federal
Water Pollution Control Act, and all other federal laws relatmg to the enVironment, health, or safety;
(il) all applicable state and local laws that relate to the environment, natural resources, health or
safety; (Iii) all regulations, permits, orders, decrees, binding agreements, and other binding
obligations relating to the administration of such federal, state, and local laws; and (iv) all common-
law requirements that relate to the environment, health, or safety Neither Party hereby Waives any
Immunity or defense available to It under the Colorado governmental Immunity Act, CRS 24-10-101
et. seq.
20. The obligatIOns of the Parties are subJect to annual appropriation. No multi-year fiscal
obligation is Intended to be created hereby for which funds are not speCifically committed and
reserved as of the effective date hereof. In the event of non-appropriation by either Party of funds
needed for performance of its obligations hereunder, such non-appropriation shall be deemed a
breach of this Agreement, entitling the non-breaching Party to terminate the Agreement, and pursue
any remedy available hereunder.
In the event of a default, in additIOn to any remedies that may be available to the Parties in
law or in equity, the Parties shall be entitled to seek specific performance or injunctive relief to
enforce the provisions of this Agreement. However, prior to filing legal action the Party alleging the
default shall first provide notice of the default to the other Party and allow a minImum of fourteen
(14) days to cure the default.
5
21. This Agreement shall be construed and enforced m accordance with the laws of the
state of Colorado. The Parties consent to venue for any legal action relating to the Agreement being
in the District Court in and for the City and County of Denver. In any legal action for damages or to
enforce the terms of this Agreement, the prevailing party shall be entitled to recover their reasonable
attorneys' fees and costs.
22. The enforcement of the terms and conditions of this Agreement and all rights of
action relating to enforcement shall be strictly reserved to the Parties. No third party beneficiary
nghts shall be created by this Agreement in favor of any person not a Party to this Agreement, unless
the Parties mutually agree otherwise in writing.
23. Neither Party shall be liable for any failure to perform as required by this Agreement,
to the extent such failure to perform is caused by any of the following occurrences' strikes, labor
disturbances or disputes, failure of any governmental (other than the Parties to this Agreement) or
third party action or approval required for full performance, riots, civil disorder, war, floods,
earthquakes, acts of God, explosion, or similar occurrences outside the control of such Party.
24. Except as otherwise reqUired in thiS Agreement, any notice shall be deemed to be
validly given at the time the notice is delivered in person, received by registered mail, postage
prepaid, or transmitted by faCSimile (with confirmation of receipt) to the following addresses:
To the Metro District:
District Manager
Metro Wastewater Reclamation District
6450 York St.
Denver, CO 80229
(303)286-3030
To the City of Wheat Ridge
Public Works Director
City of Wheat Ridge
7500 West 29th Ave
Wheat Ridge, CO 80033
(303) 235-2861
6
25. This Agreement is intended as a complete integration of all understandings between
the Parties pertainmg to the Relocation. No prior or contemporaneous addition, deletion or other
amendment shall have any force or effect, unless embodied herein or in a wntten amendment or
other agreement executed by the Parties. This Agreement and any amendments shall be bmding
upon the Parties, their successors and assigns.
26. In the event any provision of this Agreement is found to be invalid, void, or otherwise
unenforceable by a court of competent jurisdiction or by operation of applicable law, such invalid,
void, or unenforceable provision shall not affect the validity of the Agreement as a whole and the
remamder of the Agreement shall be given full force and effect.
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7
IN WITNESS WHEREOF, the PartIes have caused thIs Agreement to be executed by their
duly authonzed respectIve representatives as of the date and year wntten above.
METRO W ASTEW A TER
RECLAMATION DISTRICT
APPROVED AS TO FORM
By {(c<~~
<::/Dls(nct Legal Counsel
CITY OF WHEAT RIDGE
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METRO WASTEWATER
RECLAMATION DISTRICT
CITY OF WHEAT RIDGE
6. ASSOCIATES
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DRAWING NO IGA EXHIBiT A [lATe 5/05 PAGE 1 e,F 1
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EXHIBIT A
YOUNGFIELD
METER RELOCATION
EXHIBIT B
METRO W ASTEW A TER RECLAMA nON DISTRICT
SECTION 02070
W ASTEW A TER FLOW MANGEMENT PLAN
PART 1 GENERAL
1 1 SECTION INCLUDES
A. Planning and implementation of wastewaler flow diversions.
1.2 RELATED SECTIONS
A. Section 02072 - Wastewaler Discharge Emergency Response Plan.
1.3 SUBMITTALS
A. Wastewater Flow Management: DelaIled Implementation plan.
1 4 W ASTEW A TER FLOW MANAGEMENT PLAN
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A. The Contractor shall submit to Metro Waslewater Reclamation District (MWRD) a
Wastewater Flow Management Plan (WFMP) at leasl fifteen ( 15) workmg days pnor to
implementatIOn of flow diversion/bypass. The WFMP shall indicate the sequence of
diversion operations, and all other operations the Contractor will eSlablish to mamtain
wastewater service dunng the dlverslOnlbypass penod, The WFMP shall be reviewed
and approved by MWRD before flow can be diverted/bypassed, No deViatIOn from the
approved WFMP will be allowed Without pnor approval from MWRD
B The WFMP shall mclude an Wastewaler DIscharge Emergency Response Plan
indicating the procedures, personnel, equipment, and aclivllies that will be implemented
in the event of a wastewater discharge, spill or overflow to the environmenl, or
diversion system failure. The Contractor shall be responsible for implementation of the
Wastewaler Discharge Emergency Response Plan in accordance With SectIOn 02072.
C The Contractor shall observe and comply wilh all Federal, Slate, and local laws,
ordinances, codes, orders, and regulations whIch In any manner affect the condUCI of Ihe
work, specifically as they relate to wastewater discharges, spills, or overflows to Ihe
environmenl. The Contractor shall be fully responsible for preventing wastewater
discharges. spills or overflows, containing the waslewaler, recovery and legal disposal
of waslewater, any fines, penalties, claims and lIability arising from negligent or willful
discharge of wastewater, and violation of any law, ordinance. code, order. or regulation
as a result of the discharge, spill or overflow The Contractor shall be responsible for
payment of any fines or penalties assessed againsl MWRD for such waslewaler
discharges, spills, or overflows, including any attorney fees and costs aSSOCiated wilh
t-klpersonal-commonITDSI02070sld R.doc 5/27/05
Wastewater Flow Management Plan
02070-1
defending any action against MWRD resultmg from such discharges, spills or
overflows.
D. The Contractor shall not damage existing public and private improvements, interrupt
eXIsting servIces and/or facility operations which may cause a wastewater discharge,
spill or overflow Any utility and/or improvement which is damaged by the Contractor
shall immediately be repaired at the expense of the Contractor.
E. The Contractor will be charged for all costs associated with the MWRD's efforts if they
are dispatched to the discharge, spill or overflow
F. The Contractor is prohibited from discharging any groundwater, stormwater or
hazardous waste encountered during the construction project without prior written
approval of the Environmental Services Department.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
3.1 OWNER-OWNED DIVERSION STRUCTURES
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A.
Contractor shall submit to MWRD as part of the WFMP a request for diversion. The
request shall include name and location of diversion structure, requested flow
configuration, approximate date, time and duration of implementation. A final
coordination request shall also be made three working days prior to the date the
dIversion IS needed.
B After the WFMP has been approved, coordinate with MWRD for ImplementatIOn,
MWRD will implement the flow diversion,
C. Contractor shall notify MWRD Within 24 hours after the work has been completed, and
diversion is no longer necessary
3.2 BYPASS PUMPING EQUIPMENT
A. The Contractor shall submit to MWRD as part of the WFMP a detailed bypass design
including, but not limited to, a plan view drawing, pump/piping locations, bypass piping
slze(s), and a capacIty analysis to veritY pIpe/pump capacity vs. design flows. The
submittal shall also mclude a start date, time and duration of diversion. The submittal
shall be in a form similar to Ihe attached sample at the end of this section.
B The Contactor shall only use equipment inspected and found to be in good repair and
fully functional.
C The Conlraclor shall provide a pumping system conslstmg of pumps, pipe and
generators, if apphcable, capable of handling a design flow of ---1l MGD for the
Applewood Waler and SaOltation District and ~ MGD Pleasant View Water and
Wastewater Flow Management Plan
02070-2
M:\personal-common\TDS\02070std R.doc 5/27/05
Sanitation District flow. Extra pumps and generators, if applicable, wIth a total capacity
equal to SO% of the design flows must also be provided. A minimum of three pumps
and generators, if applicable, shall be on site with no single pump and generator, if
applicable, having less than 50% capacity of the design flows. The Contractor shall
utilize the flow bypass system to perform the necessary maintenance and repairs on the
flow bypass system, and exercise and ensure the operation of the backup pumps. The
Contractor shall operate the backup pumps for a minimum of 25% of the total bypass
time on a daily basis. All pumps shall be fully installed, operational, and ready for
immediate use.
D. The Contractor shall use pressure-rated piping materials in good working condition.
[Where five or more pipes will be used, provide one redundant, additional pipe of
greater or equal size]
E. The diversion system shall be hydrostatically pressure tested in the presence of MWRD
using potable water prior to wastewater flow diversion. Test pressure shall be 50%
greater than maximum operating pressures, or 10 psi above maximum operating
pressures, whichever is greater. Pressure test shall be for minimum of one half hour
The Contractor shall demonstrate to the satisfaction of MWRD that both the primary
and backup flow diversion systems are fully functional and adequate, and shall certify
the same, in writing, to MWRD in a manner acceptable to MWRD Demonstration shall
include test-pumping a mmimum of one hour at the daily peak flow period, in the
presence of MWRD
F
The Contractor shall submit as part of the WFMP the monitoring procedure and
frequency and shall continuously monitor the flow levels downstream and upstream of
the flow diverSIOn to detect any possible failure that may cause a wastewater discharge.
The Contraclor shall mamlam a dad) log of the monitoring and provide week I) copIes
to MWRD in a manner acceptable to MWRD
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G After approval of the WFMP, mSlall diversion system per plan.
H. The Contractor shall provide one dedIcated fuel lank for every single pump/generator, if
fuel/generator driven pumps are used. The Contractor shall proVide a fuel level
indicator outside each fuel tank. The Contractor shall continuously (while in use)
monitor the fuel level in the tanks and ensure that the fuel level does not drop below a
level eqUIvalent of two hours of contmuous flow diversion system operatIOn. The
Contractor shall take the necessary measures to ensure the fuel supply is protected
against contamination. This could include but is not limited to fuel line water traps, fuel
line filters, and protectmg fuel stores from precipitation. The Contractor shall also
monitor all hoses and repair leaks immediately
I. The Contractor shall inspect and maintain the bypass system daily, including Ihe
back-up system, The Contractor shall submit with their WFMP their maintenance
procedures and frequency The Contractor shall maintain a log of all inspection,
maintenance and repair records, and provide copies to MWRD upon request in a manner
acceptable to the MWRD
M:lpersonal-<:ommonITDSI02070std R.doc 5127/05
Wastewater Flow Management Plan
02070-3
J. Drain residual wastewater from piping system to MWRD Interceptor prior to
disassembly, taking care to avoid wastewater spills.
3.3 FLOW-THRU PLUGS
A. Contractor shall submit to MWRD as part of the WFMP a detailed design including, but
not limited to, the flow-thru pipe size(s), configuration and location, and a capacity
analysis to veriry plug capacity vs. design flow The submittal shall also include a
contingency plan, start date, time and duration of flow-thru operations. The flow-thru
plug shall be tethered or adequately braced during all diversion activities.
B. The Contractor shall size the flow-thru plug to handle same flows as indicated in section
3.2.
C. The Contractor shall submit as part of their WFMP their monitonng procedure and
frequency, and shall continuously monitor the flow levels upstream of the flow
diversion to detect any developing condition that may cause a wastewater discharge.
The Contractor shall maintain a daily log of the monitoring and provide weekly copies
to MWRD in a manner acceptable to MWRD
D After approval of the WFMP, lIlstall system per plan.
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E.
The Contractor shall install and operate the plug for a minimum of one hour at the daily
peak flow peflod to demonslrate adequacy prior to use for actual diversion.
F. The Contractor shall inspect and maintain the flow-thru plug daily The Contractor
shall submit with their WFMP their maintenance procedures. The Contractor shall
mallltain a log of all inspection, mainlenance and repair records, and proVide copies to
the Engllleer upon request in a manner acceptable 10 MWRD
34 WASTEWATER DISCHARGEIDIVERSION SYSTEM FAILURE
A, In the event of a wastewater discharge, spill or overflow, or diversionlbypass system
failure, immediately implement the Wastewater Discharge Emergency Response Plan
(See Section 02072).
END OF SECTION
Wastewater flow Management Plan
02070-4
M:lpersonal-eommon\TDSI02070Sld R.doe 5/27/05
(Sample)
PAR XXX X
ROCK CREEK REHABILITATION PROJECT
W ASTEW A TER FLOW MANAGEMENT PLAN
Contractor XYZ will be replacing Manhole RC 4. In order to perform this work, a
complete bypass of the flow will be necessary The followmg IS a detailed procedure for
this work.
Flow will bypassed from MH RC 3 to MH RC 5. A base pumping system consisting of
two 12-inch centrifugal pumps and discharge pipe and capable of providing a total
capacity of 10 mgd will be installed. (See attached design calculations, pump literature,
and sketch) One additionalI2-inch centrifugal pump will be on site and fully connected
to the system to provide 50% pump redundancy All three pumps will connect to one
common manIfold. The discharge piping downstream of the manifold will be IS-Inch
diameter The length of discharge pipe IS approximately 1,500 feet. All suction and
dIscharge pipIng wIll be HDPE With heat-welded JOInts.
In order to pump out of MH RC 3, the frame, cover and cone will need to be removed. A
deflated plug will be mserted Into the downstream pipIng poor to placement of the
suctIOn pipIng. The plug will be tethered With a cable to ensure It does not dislodge m
the event of a sudden loss of pressure. When the bypass IS ready for operation the pumps
will be turned on and then the plug will be inflated. Pnor to live pumping, the system
will be hydrostatIcally pressure tested at 30 pSI
Duong pumpIng operatIons, the pumpIng system WIll be contInuously manned. ThiS will
Include regular InspectIon of the pumps and walking the discharge lIne. Pump output
will be mOnitored to ensure that water level In MH RC 3 does not exceed 3 feet above top
of pipe. If one pump should fail. a call WIll be placed to the pump supplier and
arrangements made for an immedIate servIce call or pump replacement. In the event of a
wastewater spill or diverSIOn system faIlure, the Wastewater Discharge Emergency
Response Plan will be Implemented.
Bypass pumping IS antIcIpated to begIn Nov 3, 2005 and contmue around the clock for
one week.
Plan Prepared by
Date
Contractor XYZ
Plan ReVIewed and Approved by
Date'
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Docv_ ,/OJJ14
EXHIBIT B
METRO WASTEWATER RECLAMATION DISTRICT
SECTION 02072
W ASTEW A TER DISCHARGE EMERGENCY RESPONSE PLAN
PART 1 GENERAL
1 1 SECTION INCLUDES
A. Development of a Wastewater Discharge Emergency Response Plan, to be implemented
in the event of a wastewater discharge, spill or overflow to the environment.
1.2 RELATED SECTIONS
A. Section 02070 - Wastewater Flow Management Plan.
1.3 SUBMITT ALS
A. Emergency Response: Detailed implementatIOn plan.
I 4 W ASTEW A TER DISCHARGE EMERGENCY RESPONSE PLAN DEVELOPMENT
A. The Contractor shall develop and submit to MWRD at least fifteen (15) working days
prior to the start of construction, a written Wastewater Discharge Emergency Response
Plan (WDERP) m a form Similar 10 the attached sample at the end of this sectIOn. The
WDERP shall be developed to respond to any construction related wastewater
discharge, spill or overflow to the environment. The Contractor's WDERP shall not
rely on MWRD Transmission DiVision personnel for emergency response, but they may
be dispatched, at MWRD's discretIOn, to provide additional assistance. If MWRD
personnel are utilized, the Contractor shall be responsible for all associated costs. The
Contractor is prohibited from discharging any groundwater, storm water, or hazardous
waste encountered during the construction project.
B The WDERP shall include at minimum, the following:
I. Identification of envlronmentally-sensittve areas that could be affected by a
wastewater discharge, spill or overflow, mcluding but not limited to, waterways,
channels, catch basins and entrances to existing underground storm drains.
2. Development of an emergency notificatIOn procedure that complies with state
and federal requirements including but not limited to, Section 25-8-60 I (2),
C.R.S The Contractor shall designate primary and secondary representatives,
Iheir respective phone numbers, pager numbers, and mobile phone numbers.
MWRD contacts shall also be listed.
3 Identification of personnel and equipment/tools that will be utilized in the event
of a wastewater discharge, spill or overflow to the environment. Include an
emergency response team with arrangements for backup personnel and
equipment. The emergency response team shall be able to dispatch to Ihe site 24
M:\personal-commonITDSI02072s1d R.doc 5/27/05
Wastewater Discharge Emergency Response Plan
02072- ]
hours a day 7 days a week includmg weekends and holidays to respond
immedIately to any wastewater discharge, spill or overflow to the environment
related to the Project work.
4. Identification of downstream public water systems.
5 Identification of owners of storm water inlets in immediate vicinity
6. Step-by-step procedures to contain, control, and minimize wastewater
discharges, spills or overflows to the environment.
C At the pre-construction meeting, the Contractor will be provided with a list of MWRD
representatives to contact in case of a wastewater discharge, spill, or overflow to the
environment. These contacts shall be added to the WDERP
D Contractor cannot begin work until the City of Wheat Ridge has approved the WDERP
in writing. An approved copy of the WDERP shall be available on the job site at all
times.
E. It shall be the Contractor's responsibility to assure that all employees, including
subcontractors, know and obey all emergency procedures included in the WDERP.
1.5 WASTEWATER DISCHARGE EVENT
A. In the event of a wastewater discharge, spill, or overflow to the environment, the
Contractor shall:
I.
Immediately Implement the WDERP without direction from MWRD, to control
and contain the discharge, spill, or overflow to the environment.
Conlact MWRD personnel immedialely Information to provide shall mclude at
minimum, the following:
a, locatIOn of discharge, spill, or overflow to the environment;
b. estimaled volume;
c. time discharge, spill, or overflow began;
d. duration if already terminaled, or expected duration if m progress;
e. cause Uf known);
f control measures Implemented;
g. type of remedial and/or clean up measures taken,
h. description of affected or potentially affected sensitive areas such as
waterways, channels, catch basins and entrances to existing
underground storm drains.
-
2.
Based on this informatIOn, MWRD personnel will determine if the discharge,
spill or overflow is contained, and whether or not the MWRD Transmission
Division should be dispatched to the site. If dispatched, the Contractor shall be
responsible for all costs incurred by the Transmission Division as associated
with the discharge, spill, or overflow
3. Contact owner of stormwater inlets if discharge, spill or overflow enters
stormwater syslem.
B The Contractor shall, within two (2) working days of Ihe wastewater discharge, spill or
overflow, submit to MWRD a wntten Wastewater Discharge Incident Report (Figure 1).
Wastewater Discharge Emergency Response Plan
02072-2
M:lpersonal-commonITDSI02072std R.doc 5/27/05
C MWRD will evaluate the suggested procedural changes to avoid further discharges,
spills or overflows and will instruct the Contractor through the City of Wheat Ridge on
changes. MWRD may institute further corrective actions, as deemed necessary.
D The Contractor shall observe and comply with all Federal, State, and local laws,
ordinances, codes, orders, and regulations which in any manner affect the conduct of the
work, speCifically as they relate to wastewater discharges, spills, or overflows to the
environment. The Contractor shall be fully responsible for preventing waslewaler
discharges, spills, or overflows to the environment, containing the sewage, recovery and
legal disposal of sewage, any fines, penalties, claims and liability arising from negligent
or willful discharge of wastewater, and violation of any law, ordinance, code, order, or
regulation as a result of the discharge, spill or overflow The Contractor shall be
responsible for payment of any fines or penalties assessed against MWRD for an) such
sewage discharge, spill or overflow, including any attorney fees and costs associated
with defending any action against MWRD resulting from such discharge, spill or
overflow
E. The Contractor shall not damage existing public and pnvate improvements, interrupt
existing services and/or facility operations which may cause a wastewater discharge,
spill or overflow to the environment. Any utility and/or Improvement which IS damaged
by the Contractor shall immediately be repaired at the expense of the Contractor.
F Once the discharge, spill or overflow has been contained and the siluation causing the
event has been slabihzed, the Conlraclor shall restore the affected areas to onginal
condition,
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
M:\personal-common\TDS\02072std R.doc 5/27/05
Wastewater Discharge Emergenc) Response Plan
02072-3
-
hours a day 7 days a week including weekends and holidays to respond
immediately to any wastewater discharge, spill or overflow to the environment
related to the Project work.
4. Identification of downstream public water systems.
5 Identification of owners of storm water inlets in immediate vicmity
6. Step-by-step procedures to contain, control, and mimmize wastewater
discharges, spills or overflows to the environment.
C At the pre-construction meeting, the Contractor will be provided with a list of MWRD
representatives to contact in case of a wastewater discharge, spill, or overflow to the
environment. These contacts shall be added to the WDERP
D Contractor cannot begin work until the City of Wheat Ridge has approved the WDERP
in writing. An approved copy of the WDERP shall be available on the job site at all
times.
E. It shall be the Contractor's responsibility to assure that all employees, including
subcontractors, know and obey all emergency procedures included in the WDERP
1.5 WASTEWATER DISCHARGE EVENT
-
A. In the event of a wastewater discharge, spill, or overflow to the environment, the
Contractor shall:
Immediately implement the WDERP without direction from MWRD, to control
and contain the discharge, spill, or overflow to the environment.
Contact MWRD personnel immediately Information to provide shall Include at
minimum, the following:
a. locatIon of discharge, spill, or overflow to the environment;
b. estimated volume;
c, time discharge, spill, or overflow began;
d. duration if already termlnaled, or expected duration if in progress;
e. cause (if known);
f. control measures implemented,
g, type of remedial and/or clean up measures taken,
h. descriptIon of affected or potentially affected sensitive areas such as
waterways, channels, catch basins and entrances to existing
underground storm drams.
2.
Based on this informatIOn, MWRD personnel will determine if the discharge,
spill or overflow is contained, and whether or not the MWRD Transmission
Division should be dispatched to the site. If dispatched, the Contractor shall be
responsible for all costs incurred by the Transmission Division as associated
with the discharge, spill, or overflow
3. Contact owner of stormwater inlets if discharge, spill or overflow enters
stormwaler system.
B The Contractor shall, within two (2) working days of the wastewater discharge, spill or
overflow, submit to MWRD a written Wastewater Discharge Incident Report (Figure 1).
Wastewater Discharge Emergency Response Plan
02072-2
M:\personal-commonITDSI02072std R.doe 5/27/05
C. MWRD will evaluate the suggested procedural changes to avoid further discharges,
spills or overflows and will instruct the Contractor through the City of Wheat Ridge on
changes. MWRD may institute further corrective actions, as deemed necessary
D The Contractor shall observe and comply with all Federal, State, and local laws,
ordinances, codes, orders, and regulations which in any manner affect the conduct of the
work, specifically as they relate to wastewater discharges, spills, or overflows to the
environment. The Contractor shall be fully responsible for preventing wastewater
discharges, spills, or overflows to the environment, containing the sewage, recovery and
legal disposal of sewage, any fines, penalties, claims and liability arising from negligent
or willful discharge of wastewater, and violation of any law, ordinance, code, order, or
regulalion as a result of the discharge, spill or overflow. The Contractor shall be
responsible for payment of any fines or penalties assessed against MWRD for any such
sewage discharge, spill or overflow, including any attorney fees and costs assOCiated
with defending any action against MWRD resulting from such discharge, spill or
overflow.
E. The Contractor shall not damage existing public and private improvements, interrupt
existing services and/or facility operations which may cause a wastewaler discharge,
spill or overflo\\ to the environment. Any utiliry and/or Improvement which is damaged
by the Contractor shall immediately be repaIred at the expense of the Contractor
F Once the discharge, spill or overflow has been contained and the situation causing the
event has been stabilized, the Conlractor shall restore the affecled areas 10 ongInal
condition.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
M:\personal-common\TDS\02072std R.doc 5127/05
Wastewater Discharge Emergency Response Plan
02072-3
(SAMPLE - W ASTEW A TER DISCHARGE EMERGENCY RESPONSE PLAN)
PAR 9999 - GREENBRIER INTERCEPTOR
MANHOLE REMEDIATION
W ASTEW A TER DISCHARGE EMERGENCY RESPONSE PLAN
EMERGENCY NOTIFICATION PROCEDURES:
In the event of a wastewater discharge, spill or overflow to the enVironment, partial or complete
line blockage, manhole surcharge, constructIOn debris entering the sewer stream, or another
emergency, the followmg parties shall be notified immediately, and the Emergency Response
Plan lllitiated.
XXX Construction Co. Contacts:
.t Logan Wilson
303-999-9999 (24 hr. phone)
303-999-9999 (Home)
303-999-9999 (Cell)
303-999-9999 (Home)
303-999-9999 (Cell)
303-999-9999 (Home)
303-999-9999 (Cell)
1. Call Office
2. Jerry Petz
3. Lance Brown
-
Metro Wastewater Reclamation District Contacts:
1. Neal Niver (OPM)
303-286-9999 (Office)
303-999-9999 (Home)
303-286-9999 (Office)
303-999-9999 (Cell)
303-286-3275 (24 hr Emergency Line)
2. Ron Woods (DC)
3. Metro Wastewater Control
Room Operator (After Hours)
Citv of Thornton Contact:
Nomar Gay
303-999-9999 (Office)
EQL'IPMENT A V AILABLE:
All equipment. but not limited to the equipment listed below. necessary to contain or
mitigate a sewage spill shall be on site within one hour of when the spill occurs. .
· Vac Con Combo Jet Truck (2700 gal. Capacity) This truck can be used to clear a
blockage as well as provide 2700 gallons of storage capacIty
· 6" Pump wi 550' of discharge hose ThiS pump and hose Will be on standby and can be
delivered and set up quickly to help in the event of pnmary and redundant pump failures.
. 18-inch repaIr clamps for HDPE pipe
· Heat welding equipment for HDPE pipe
· Small backhoe to move earth and help contam spill
Con tainmen tJMi tiga tion
In the event ora wastewater discharge, spill or overflow, XXX Construction Co. will immediately
implement the Emergency Response Plan. The first priority will be to prevent any wastewater
from entering any waterways, lakes, streams and storm sewers. Containment structures will be
constructed to prevent wastewater from entering waterways. The next priority will be to prevent
any wastewater from reaching and contaminating groundwater.
DOWNSTREAM PUBLIC WATER SYSTEMS:
The follOWing downstream publIc water systems may be affected by a wastewater dIscharge,
spill or overflow to the environment due to theIr proXImity to constructIOn actiVIties. In the
event of an emergency, affected downstream publIc water systems WIll be promptly contacted by
the Contractor Important mformation regarding the inCident will be communicated by phone,
wntten notIficatIOn. and/ or In person
. CIty of Englewood
· CIty and County of Denver
. CIty of Thornton
. CIty of Bnghton
ENVIRONMENT ALL Y SENSITIVE AREAS:
The following areas have been Identified as being envIronmentally sensitive These may Include
spIllways, channels, and storm dramage that lead dIrectly or indirectly to the South Platte River
and/or pose a threat to ground water Extra care and preventatIve measures will be taken to
minImIZe the nsk of contamination.
· South Platte RIver, Niver Creek, Clear Creek, and Lower Clear Creek Imgatlon Canal
· Roadside drainage ditches & street gutters leadmg to storm sewer Inlets
· Drainages and small streams leading to the South Platte River
. City of Thornton water storage reservOirs
. Ground or other pervIOUS surfaces
Notification of Regulatory Agencies
Contractor XYZ IS solely responsible for any liability for vIOlations of any State or federal
environmental law or regulation, and hereby mdemnIfies the Metro Dlstnct from any such
liabIlity associated with a wastewater discharge, spill or overflow as a result of their work on the
Metro Distnct's faCilities. In the event of a discharge, spill or overflow of pollutants includmg
raw wastewater that has the potential to affect public health or the environment, the following
parties shall be notified.
Colorado Department of Public Health and Environment Spill Report Line. 1-877-
518-5608
2 NatIOnal Response Center (EP A Notification) 1-800-424-8802
In addItion to the reporting requiremcnts of the paragraph above, the Contractor XYZ shall
notify the Metro DIstrict's Process Center (as detaIled below) in the event of any dIscharge, spill
or overflow to the environment, regardless of whether or not it may cause pollutIOn of state
waters
Metro DIStnct'S Process Control Center, 303-286-3275
-
PREPARED BY:
XXX ConstructIon Co
SIgnature
Date
APPROVED BY:
CIty of Whcat RIdge
Signature
Okp/OKP
\1 Ipd-commonlPadgettlQCI WDERP _Sample I.doc
EXHIBIT C
QUIT CLAIM DEED
(Metro District Grantee)
THIS DEED, Made this day of 19_, between
the City of Wheat Ridge,
a political subdivision of the State of Colorado, Grantor, and METRO WASTEWATER
RECLAMATION DISTRICT, 6450 York Street, Denver, Colorado 80229-7499, a metropolitan
sewage disposal district duly organized under the laws of the State of Colorado, Grantee,
pursuant to and through the exercise of Grantee's eminent domain authority;
WITNESSETH, That the said Grantor, for and in consideration of the sum of Ten
Dollars ($1000) and other valuable consideration to the said Grantor in hand paid by the said
Grantee, the receipt whereof is hereby confessed and acknowledged, hath remised, released,
sold, conveyed and quit claimed, and by these presents doth remise, release, sell, convey and
QUIT CLAIM unto the said Grantee, its assigns forever, all the right, title, interest, claim and
demand which the Grantor hath in and to the following described
situate, lying and being in the
County of and State of Colorado, to wit:
See EXHIBIT A attached hereto and made a part hereof
-
TO HAVE AND TO HOLD the same, together with all and singular the
appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all
the estate, right. title, interest and claim whatsoever, of the said Grantor, either in law or equity,
to the only proper use, benefit and behoof of the said Grantee, and its assigns forever.
IN WITNESS WHEREOF, The said Grantor hath caused its name to be hereunto
subscribed by its , and its corporate seal to be hereunto affixed,
attested by its , the day and year first above written
Attest:
By
-1-
STATE OF COLORADO
County of
)
) ss.
)
The foregoing instrument was acknowledged before me this _ day of
, by
My notarial commission expires
Witness my hand and official seal.
Notary Public
Address.
This Deed shall not be a valid conveyance until accepted by the Metro Wastewater Reclamation
District.
-
Accepted this _ day of
METRO WASTEWATER RECLAMATION
DISTRICT
By
District Manager
APPROVED AS TO FORM:
District Legal Counsel
-2-
JDM-9/30/02
LandAcqAtt10.doc
EXHIBIT D
QUIT CLAIM DEED
(Metro District Grantor)
THIS DEED, Made this day of , between
METRO WASTEWATER RECLAMATION DISTRICT, a metropolitan sewage disposal district
duly organized under the laws of the State of Colorado, Grantor, and the City of Wheat Ridge,
Grantee.
WITNESSETH, That the said Grantor, for and in consideration of the sum of Ten
Dollars ($1000) and other valuable consideration to the said Grantor in hand paid by the said
Grantee, the receipt whereof is hereby confessed and acknowledged, hath remised, released,
sold, conveyed and quit claimed, and by these presents doth remise, release, sell, convey and
QUIT CLAIM unto the said Grantee, its assigns forever, all the right, title, interest, claim and
demand which the Grantor hath in and to the following described
situate, lying and being in the
County of and State of Colorado, to wit:
See EXHIBIT A attached hereto and made a part hereof
TO HAVE AND TO HOLD the same, together with all and singular the
appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all
the estate, right, title, interest and claim whatsoever, of the said Grantor, either in law or equity,
to the only proper use, benefit and behoof of the said Grantee, and its assigns forever
IN WITNESS WHEREOF, The said Grantor hath caused its name to be hereunto
subscribed by its Manager, the day and year first above written
GRANTOR:
METRO WASTEWATER RECLAMATION
DISTRICT
By'
District Manager
-1-
8T ATE OF COLORADO
County of
)
) ss.
)
The foregoing instrument was acknowledged before me this _ day of
, by
District Manager of Metro Wastewater Reclamation District.
My notarial commission expires.
Witness my hand and official seal.
Notary Public
Address.
This Deed shall not be a valid conveyance until accepted by
-
Accepted this _ day of
By
Title
APPROVED AS TO FORM:
District Legal Counsel
-2-
JDM-9/30/02
LandAcqAtt9.doc
tXJfl8,r IE
COOT UTILITY/RELOCATION/SPECIAL USE PERMIT STANDARD PROVISIONS
E!Tective ~arch 1.2006
For any pennanent Perminee-ovmed Installations located
wlthm the State Highway Right of Way highway repair>. or
SIte restoratlOR Completed OperatIons coverage shall be
provided fOl a mimmum period of one year followmg final
acceptance of work
The following Standard Provisions are terms and
conditions of this permit:
Utility work authorized under this pennit shaH comply W\th the requIrements of
the State Highway Utility Accommodation Code, and applicable federal, state,
local, and mdustry codes and regulations
Construction of any portion of the hIghway facility, mcludmg the pavement
structure, subsurface support, dramage. landscaping elements and aJl
appurtenant features, shall comply with the provisIOns of the COOT Standard
Specifications for Road and Bndge Construction, and With the Colorado
Standard Plans (M & S Srandards)
If any aggregate limn is reduced below J.(X)(),OOO
because of claims made or paid, the Penmttee, Of
as applicable - their Contractor. shall ImmedIately
obtam additional insurance to restore the full
aggregate limit and furnish to COOT a certificate
or other document satisfactory to COOT showmg
compliance WIth this provision
1. COMMENCEMENT AND COMPLETION
3) Automobile LiabIlity Insurance covermg any auto (including
owned, hired and non-owned autos) wnh a mlmmum hmlt as
follows. $1,000 000 each accident combined single limit
Work on hIghway Right of Way (ROW) shall not commence pnor to lssuance
ofa fully endorsed and validated permit
Work shall not proceed beyond a completion date specified in the Special
PrOVISIons without \\fltten approval of the Department
4) For any- a) engineering deSign; b) construction inspection; or, c)
traffic control plans approved by a Traffic Control Supervisor',
done in asSOCiation With the operations or installatIons authonzed
by thiS permit, Professional Llablhty Insurance WIth mmimum
limits ofliabilitv of not less than S I ,000,000 Each Claim and
$1,000,000 Annual Aggregate. (f the polICY IS wntten on a
Claims Made form, the Permittee, or as applicable - their
Consultant or Contractor, shall renew and mamtam ProfeSSional
LIability Insurance for a minimum ofrwo years follOWing final
acceptance of the work, or prov\de a project speCIfic Policy with
a two year extended reporting provIsion
Permittee shall notify the COOT inspector
a At least 2 working days prior to commencing work, Of resuming
operations which have been suspended for five or more consecutive
workmg days
b When suspending operations for 5 or more working days
U~n completlon of work
Plans or work sketch (EXHIBIT A) are subject to COOT approval A copy of
the approved plans or sketch must be avatlable on site dunng work Plan
reVISions or altered work dIffering In scope or nature from that authonzed
under this permIt are subJect to COOT pnor approval. Permittee shaH
promptly notIfy. the COOT In.,>pcctor of changed or unforeseen conditIons,
which may occur on the Job
5) Pollution Legal LIability Insurance wilh mmlmum limits of
liability of$1 ,000,000 Each Claim and $ \ ,000,000 Annual
Aggregate COOT shall be named as an additIonal insured to the
Pollution Legal Llabilit) polICY if tnt: PolICY IS a compcment of
the ProfeSSIonal Liability Pollcy, the Addttlonallnsured
reqUIrement is waived, and the Pollc)' shall be wntten on a
ClaIms Made form. \l,lth an extended reportmg peflod of at least ........
two year following final acceptance of the work
2, PLANS, PLAN REVISIONS. ALTERED WORK
3, I:\SlRA:\CE
A The Permittee shall obtam. and mamtaln at all times dUflng the
performance of v.ork auth(lflzed by thIS Permll Insurance m the
followmg kinds and amounts The Permmee shall reqUIre any
Conlractor worlong for them wlthm the State Highway Right of
Way to obtam Itke coverage The Permittee shall also require any
Contractor or (omultam performmg work deSCribed 10 sub-
paragraph 4) below to obtain ProfeSSIOnal Llahillt) Insurance
6) Umbrella or Excess Liability Insurance wlth mmlmum limIts of
$1,000,000 This policy shall become pnman (drop do\\-n) tn
lhe event the pflmary Liability Policy limIts are Impaired or
exhausted The Policy shall be WflUen on an Occurrence form
and $hall be foJlowmg form of the pflmar" The follOWing form
Excess Lmhdlt\' shall Include CDOT as an additional Insured
Insurance ReqUIrements for UtilIty and SpecIal. Use PermIts \ ReVised 7-05 peT
State Requtrements)
I) Workers CompensatIOn Insurance as reqUIred by state statute.
and Employer s lIablhty Insurance covenng aU employees
aCllng wJthm the course and scope of their employmenl and
\Nork on the actIVIties autnonzed by thIS Penmt
B COOT shall be named as addlttonal Insured on the Commercial
General Liability and Automobile LIabilIty Insurance poliCies
Completed operations additIOnal Insured coverage shall be on
endorsements CG 20 I 0 I 1/85. CG 2037, or eqUivalent. Coverage
reqUired by the Permit will be primary over any insurance or self.
Insurance program carried by the State of Colorado
C The Insurance shall mclude proVISIOns preventing cancellation or
non-renewal WIthout at least 30 days prIOr notIce to COOT by
certIfied mall
21 Commercial General LIability Insurance wntten on ISO
occurrence form CG 00 0 I 10/93 or equivalent, covenng
premises operations. fire damage, Independent Consultants.
products and completed operations, blanket contractuallJabdlt)
personal injury and advertISing liability wlth mlTIlmUm limits
as follows
$ I ,000 000 each occurrence,
o The Permittee, or as applicable - their Contractor or Consultant,
will reqUIre all ir.surance poliCIes In any way related to the Permit
and secured and maintained by the Permittee, Contractor or
Consultant, to mclude clauses statmg that each carner wtll waive all
nghts ofrewvery under subrogatlon or otherwise, agamst COOT
115 agencies. institutions, organizations. officers. agents, employees
and volunteers
E
All poliCIes eVldencmg the Insurance coverages reqUIred hereunder
shall be Issued by Insurance companies sattsfactory to COOT
b
$2,000.000 general aggregate~
S2.000.000 products and completed operations aggregate,
and
$50.000 am: one fire
F
The Permittee, or as applicable ~ theIr Contractor or Consultant,
shall provide certdlcates showmg insurance coverage required by
thiS Permit to COOT prior to commencmg work No later than 15
days prior to the expiration date of any such coverage. lhe
PermIttee. Contractor or Consultant, shall deliver COOT certificates
U2/06
d
COOT PermIt Form 1283 and Standard PrOVISIons Page 2 0(6
CDOT UTILlTYIRELOCATION/SPECIAL USE PERMIT STANDARD PROVISIONS
of Insurance eVldencmg renewals thereof At any time during the
term of this contract, COOT may request in wnting., and the
Permittee, Contractor or Consultant.. shaJI thereupon WIthm 10 days
supply to COOT eVidence satisfactory to CDOT of compliance
wIth the provIsIOns afthls section
G Notwlthstandmg subsection A of this section, If the Permmee IS a
"public entity" wlthm the meaning of the Colorado Governmental
Immunity Aet CRS 24-10-101. et sea, as amended CAe!'), the
PermIttee shall at all urnes during the term of this permit maintain
only such liability insurance, by commercial policy or self-
Insurance, as is necessary to meet Its Iiabtllues under the Act. Upon
request by CDOT, the Permittee shall show proof of such insurance
satisfactory to CDOT Public entity Permittees are not required to
name COOT as an Additional Insured
H I f the PennJttee engages a Contractor and/or Consultant to act
independently from the Permittee on the permitted work, that
Contractor and/or Consultant shall be required to provide an
endorsement nammg COOT as an Additional Insured on theIr
Commercial General Liability Auto Liability, Pollution Legal
LiabIlity and Umbrella or Excess Liability policies
4. WORK WHERE DEPARTMENT tACKS AUTHORITY
UtIlity work wlthm mUnicIpal boundanes (pursuanl to 43-2~135 CRS), on
certam publ ic lands, or on pflvate property may require separate approval of
the appropnate JunsdlctlOnal agency or property o\\.TIer
5, I:'oOST-\LLATlONS 0:'00 FREEWAYS
COOT may permIt utllLty accommodatIOns on freeways, mdudmg but not
Irmlted to the Interstate Sy<;tem, only In accordance WIth Utll1ty
AccommodatIOn Code pro'dslons SpeCIal case excepllons as defined thereUl
'nay be permitted onlv In accordance with FHW A-approved Departmental
-ollcy
-
6. JOl:\T ISE At TER:\A TIVES
As dlfected or approved by COOT If necessary for the safe and effiCIent use of
the ROW PermIttee shall utllLze JOint use faCIlIties such as the placement of
two or more separate Imes In a common trench, or attachment to tht" same
overhead support The PermIttee WIll be responslbJe for proper coordlOation
With other af:ected utl1llles
-\ TTACH\IL:\T TO HIGH" -\, STRI,CTI'RES
Permittee IS responSIble for deslgnmg structure attachments, sublect to the
appro..'al of the COOT Sw.tTBndge DesIgn Engmeer
8. DRAI:\AGEn A YS A:oID W.\ TERCOI'RSES
The flow of water shall not ever be impalfed or interrupted Where poSSible,
crossmgs of ditches. canals or ....-ater-caTl)'lng structures shall be bored or
Jacked beneath lITIgatIon dItch or canal crossmgs require approval of the ditch
company or ov.ner Permlftee shall repair damage to any drainage facJllty to the
satisfaction of the ov.n(;r
9, TRAFFIC CO:\TROt PLA~
a Prior to commencmg work, the Permmee shall develop and submit
10 rhe Depanment for acceptance, a Tratlic Control Plan (TCP) for
any accommodation work that WIll affect traffic movement or
safety The Pennlt1ee shall Implement the Tep and utIlize traffic
control deVIces as necessary to ensure the safe and expedltLous
movement oftrafTic around and through the work site
b
The Permlftee shall develop the Te? and Methods of Handling
Traffic (\,UIT's) mcluded therem. In conformance WIth the Manual
on Umfonn TraffiC Control Devices (MUTeD). the Colorado
Supplement thereto adopted by the CommISSion pursuant to sections
42-4-104 and 42-4-105 CRS the [Xpanment's standard
specIficatIOns for tcmp-orary tratlic control and the DepaIlment s
standard plans for Slgnmg - Sllmdard Plans S 630-1 and S 630-2
The TCP shall include prOVisions for the passage of emergency
vehicles through the work zone, and shall conform to the
requuements of the Americans wlth D\sabil1tles Act. The TCP and
MHTs shall contain suffiCient detail to demonstrate conformity
Volith al\ appllCab\e requirements
c.
The Permittee shall have a competent person at the work site at all
times in responsible charge of temporary traffic control. In
situations where the TCP goes beyond any Typical Application
sho'Ml in the MUTeD, or partIcularly dangerous roadway or traffic
conditlOns exist, the Department may require the Permittee to have
a Traffic Control Supervisor (TCS) develop or approve the TCP or
to have a TCS on-site dunng work. The TCS shall be cerufled as a
worksite traffic supervIsor by either the American Traffic Safety
Services Association (ATSSA) or the Colorado Contrnctors
ASSOCIation (eeA), and shall have a current COOT flaggers'
cenificahon card. The TCS shall be responSible for the planmng,
preparation, coordinatIOn, Implementation, and Inspection of the
TCP
d
The Peffillttee shall not start the permmed work before the
Department accepts the TCP
e
The Department may review and order changes to the TCP and
MHT's dunng performance of me work, as reqUIred
The Permittee shall comply with the TCP at alltLmcs dunng
performance of the work
g
The Perrmttee shall keep a copy of the TCP at the work sIte at all
times during performance of the work for inspection
h
The TCP sh31\ ensure that closure of Intersectlng streets, road
approaches and other access pomts IS mInimized. On heavily
trdveled rllghwa....'s, the Department will not permit operatIons that
Interfere WIth tratlie during periods of peak trafTic now
When PermIttee operatIons COinCide WIth hIghway constructIOn or
mamtenance operatIons, the Permittee shall develop and Implement
the TCP In cooperatIon and coordlO3tlon WIth the highway agency
and/or Its contractors and as otherwise dIrected by the Department
In the permit
All flaggers shall have a current COOT flagger certification card
and shall be capable of LOmmunlcatmg With the travelmg publIC and
others at the work site
10. '1CHRP 350 CRASIIWORTHI:oIESS REQI'IREME:oITS FOR
WORK ZOJ';E TRAFFIC CONTROL DEVICES
Work zone devlces designated by FHW A as Category 1, mcludmg but not
limited to smgle-piece drums, tubes, cones and dellOeators; Category II,
Includmg but not hmned to barricades, vertIcal panels WIth light, drums or
cones WIth I ight, portable sign supports, intrusion detectors and type III
barn eades, or as Category ln, mcludmg but not lImited to concrete barriers,
fixed sign supports, crash cushions, and other work zone devu.:es not meeting
the defmltions of Category 1 or It shall meet NCHRP 350 crash test
reqUIrements. The Permittee, or their contractor shall obtam and make
available upon request, the manufacturer's wrItten NCHRP 350 certificatl-on, or
as applicable, the FHW A Acceptance Letter for each type of device FHW A
Acceptance leners for Category 11 or Category m Work Zone Devices may be
accessed through the FHW A webslte at
hlll" ~ '>~J~.1~..Jh\\,l d\)l.b'~W.'T()-'l~l'~<-!)_~krt.I~.Ll:!.d!A\\.lr~. \\/\.L.bJ.DJ
11. WORKER SAFEI) AND HEALTH
a AI\ workers WlthlO the State Highway fight of way shall comp)y with
their employer s safety and health policies/procedures and all
apphcable U.S. Oc.cupational Safety and Health Administration
(OSHA) regulations - mcludmg, but not limited to the applicable
sect\ons of 29 CfR Part \ 91 0 - Occupational Safety and Health
Standards and 29 CFR Part 1926 - Safety and Health Regulations
for Construction
COOT Permit Fon-n 1283 3nd Standard Pro'll\sIQns Page 30f6
02/06
COOT UTILlTYfRELOCATION/SPECIAL USE PERMIT STANDARD PROVISIONS
b.
Personal protective equipment (PPE) (e g head protection,
footwear, hIgh visIbility apparel. safety glasses, hearing protection,
reSpIrators, gloves. etc.) shall be worn as appropriate for the work
being performed, and as specified in regulation. At a minimum. all
workers in the SH ROW except when m theIr vehicles, shall wear
the followlflg personal protective equipment
1) Head protection that compllCs with the ANSI Z89 I standard;
2) At all constructIOn sites or whenever there is danger of injury
to feet, workers shall comply with OSHA's PPE requirements
for foot protection per 29 CfR 1910 136, 192695. and
1926.96. I f required, such footwear shall meet the
reqUirements of ANSI 241,
3) High VISibility apparel, which shall, at a minimum comply
with the Class 2 specificatIons afthe ANSI/ISEA 107standard
Class 3 apparel shall be consIdered for use at night or in
partIcularly hazardous situations.
4) The most recent versIOn of the ANSI standards listed above
shall apply
12. ADA REQUlREME:-<TS
The Permittee shall comply With the applicable provisions of the Americans
With DisabilIties Act. WII.h respect to both permanent faCilIties installations and
tern porary work zones
13. CLEAR ROADSIDE CONSIDERA nONS
a COOT IS committed to provide a roadSide area that is as free as
practIcal from nontraverseable hazards and fixed objects ("clear
zone~ J New above ground Installatlons may be permItted wlthm the
clear zone only upon a showmg that no feasible alternate locations
eXist Permittee must Utlllze appropnate countermeasures to
mmrrr'l1ze hazards
b Permittee shall remove materials and equIpment from the highway
ROW at the close of datly operations The traffic control plan must
Include protective measures where matenals and equipment may be
stored on ROW ProtectIon of open trenches and mher excavations
\\'Ithm highway ROW shall be addressed in the Permittee's tratTic
control plan -\11 excavatIons shall be closed at the end of dally
operations. and no open excavatIOn will be allowed In the clear 70ne
after dark The Permittee agrees [0 promptlY undertake mltlgatmg
or corrective actlons acceptable to the Department upon notlficatlon
by COOT that the Installation permitted herem has resulted m a
hazardous sltuatlon for hlghv."3) users
14.
GEl\ERAL CONSTRlCTIOl\ REQUIREMENTS
a
Work. shall not be performed at nlght or on Saturdays, Sundays or
holidays WIthout pnor authonzatlon or unless othem'lsc speCIfied In
thiS permit COOT may restrict work on ROW dunng adverse
weather conditIons or dunng periods of high traffic volume
b
Those areas wlthm ROW, which must be disturbed by permIt
operations, shall be kept to a practical minimum. Permittee shall not
spray cul or tIlm trees or other landscaping elements within
highway ROW unless such work IS otherwise specified m this
penml or clearly mdlcated on the approved plans_ Cleated or
tracked equIpment shall nol work on or move over paved surfaces
Without mats, or pads on tracks
Matenal removed from any panloo of the roadway prism must be
replaced In like kind with equal or better compaction Segregation
of matenalls not permlUed The penl1ltted faCility shall be of
durable matenals In conformIty with accepted practice or mdustry
standards. deSigned for long service lIfe, and relatively free from
routine servlcmg or mamtenance
d
Construction or compactIOn by means of jettmg, puddling.. or water
flooding is prohibited Wlthln all high\\"3Y ROW
Thrust blocks are required on all vertical and hOflzontaJ bends In
pressure pipeS.
f
Meters shall not be placed on highway ROW except wlthm
corporate limIts where muniCipal regulations allo\\'. such use
IS. ALIGNMENT. COVER, CLEARANCE
a.
Location and alignment ofPerminee's facilities shall only be as
specified m thiS permIt or as otherwise mdicated in the approved
plans or work sketch (EXHIBIT A)
b
Parallel installations will not be permitted wlthlO roadways
(mcluding curbing and/or shoulders) or medIan areas, except WIthin
corporate boundanes, subject to municipal regulations
c.
ParallellOstallatlons should be located as near as practicable to the
ROW hne. Crossmgs shall be as nearly perpendicular to the
highway as feasible.
d
Where no feasible alternate locations eXist, the Department may
pennit parallel installatIons along roadSide areas wlthm 15 feet from
edge of shoulder or back of curb [n these cases, the facihty must be
so located and safeguarded as to avoid potentIal conflict With
necessary highway appurtenances (signs, guard nnL dehnea\ors,
etc) SpeCific safeguards such as IOcreasmg depth of cover to 60
Inches, cappmg, or encasement, shalt be spec\fled in th\s perm\t's
Special ProVISIons
Parallel mstallations shall follow a umfonn alignment, wherever
practIcal Due conSlderatlon must be gIven to conservmg space
available for future utility accommodations The- standard allov....able
deViation from the approved honzontal alignment IS::t. 1 & inches
-
MinImum cover shall conform to the Spec\al ProVISions Normal
speCified cover Will be 48 Inches or greater reduced cover may be
approved where sIte condItIons warrant, subject to other safeguards
as may be specltled or approved In the penna MInimum overhead
clearance shall conform to the SpeCial PrOVISions, consistent wlth
UtIlity Accommodation Code cnterla
16, PA VEME:\T Cl'TS AND REPAIRS
Paved surfaces shall not be cut unless othef\\llsc speCified 10 thiS penmt. No
more th<ln one half the Width of the roadbed may be opened at a tIme, when
otherwIse permitted Pavement shall be sawed or wheel-l:ut to a neat Ime
Pa'..ement shall be replaced to a deSign equal to or greater than that of the
surroundmg undisturbed pavement structure Pavemen! repair shall conform to
the SpeCial ProvIsions or the approved plans
17 BORING, JACKING, ENCASEMENT
Unless otherwise speCified, bUried crossings shall be bored or pcked beneath
the roadway, at least from toe of slope to toe of opposite slope_ Portals for
untrenched crosslng.s more than 5 feet In depth shall be bulk headed m
conformance with OSHA construction and safety standards Portal limits of
untrenched crossings shall be established safely beyond the highway surface
and clear zone and m no case shall the lateral distance from the surfaced area of
the highway to the boring or jackmg ptl be less than the vertical dlfference 10
elevation between such surface and the bottom of the pit Water Jetting or
tunnelmg IS not permitted Water assl:.ted boring may be permmed as
determined by the COOT Inspector Bormg hole shall be overSIzed to the
minimum amount reqUired to altow pull-through of the conduit bemg mstaned
Resultant VOids shall be grouted or otherwIse backfilled, subject to COOT
approval Ends of bored sections shall not be covered before bemg Inspected
ErlCasement shall be consIstent with Utility Accommodation Code proVISions
COOT may reqUire protective casmg for shallow installations or certam
condUIl materials Encased crossmgs shall extend at least from toe of slope to
toe of slope, or the full Width between access-control \ mes on freeways,
mcludmg the Interstate System
COOT Permit Form 1283 and Standard PrOVISIons Page 4 of 6
(121(16
18. INSPECTION AND ACCEPTANCE
COOT UTILlTYIRELOCATlON/SPECIAL USE PERMIT STANDARD PROVISIONS
a
COOT will determine the extent of Inspection services necessal): for
a given installation. Permittee shall attend final Inspection as may
be required. If the initial performance ofpennmed work was
unacceptable. as determined by the Department, the PermIttee shall
perform any reconstruction or improvement of that work. as ordered
by the Department, In a timely manner and prior to any further
construction. If permitted operatlons are not being earned out In
compliance wIth the terms and conditions of this permit, the
Department may order the Permittee to perform whatever corrective
measures are necessary to attain compliance with the permit. If
there is an Immediate dangerto the pubhc 's health, safety or
wel fare, the Department may order the Permittee to cease all
operations and If necessary, to remove all equipment and facilities
from the SHROW
b Fmal acceptance does not relieve Pemittee of maintenance
obligations toward those elements of the highway facility
constructed under this penn it. Final acceptance begins the two-year
warranty period (see requirement under '.Operation and
MaIntenance" below).
19.
E1WIRONMENT AL CLEARANCESIPERl\IlTS
-
a It IS the responsibility of the Permittee to determine whIch
environmental clearances and/or regulations apply to their activities
and to obtam any clearances that are required directly from the
appropriate regulatory agency prior to commencing work Please
refer to or request a copy of the "COOT EnVironmental Clearance
InfonnatJon Summary (ECIS) for details. The ECIS may be
obtamed from CDOT Penmning Offices or may be accessed via the
COOT webpage at
I1lln \\\\\\ d(ll :-.LJtl: L:l\ [1,,-1 'lillt\ Pro~r;,iJl!J'orm::- (frn Failure to
comply with regulatory reqUIrements may result in suspension or
revocation of your CDOT penmt. or enforcement actions by other
agenCIes
b The Special PrOVIsions of this permit shall list any speCific
envIronmental clearances or permIts that lhe Department has been
notIfied by the Permltlce or by the admmistermg regulatory agency
apply to the operations authorized by thiS permIt. The Special
PrOVISions shall require the Permmee obtain the listed
environmental clearances/permits prior to beglnnmg work
The Permittee shall complv with all reqUirements deSCribed In the
CDOT EnVironmental Clearances InformatIOn Summary including
those pertamlng to
1) E:.cologlcal Resources
2) Cultural Res.ources
3) Discharges of Storm water or Process Water
4) Hazardous Materials
5) Discharges of Dredged or Fill Matenal
6) EroSion and Sediment Control
7) Disposal of Drilling FlUids
8) Concrete Washout
9) Spill Reponing
10) TransportatIon of Hazardous Matenals
d
Disturbance of any WIldlife shall be avoided to the maxImum extent
practicable If threatened or endangered species or archeologIcal or
hlstoncal artifacts are encountered dunng the progress ofa proJecl
",ork In the subject area shall be halted and the CDOT regional
penmnlng office shall be contacted Immediately for direction as to
how to proceed
All dIscharges ot storm water or process water are subject to the
applicable provIsions of the Colorado Water Quality Control Act
and the Colorado Discharge Penmt RegulatIons
There shall be no dIsposal of hazardous mateTlals 10 the state
hIghway Tight of \'..-ay Solid waste shall be removed from the state
highway TIght 01 way and disposed of at a permitted faCIlity or
deSignated collection point (such as the Permittee s own dumpster)
Drilling fluids must be disposed of as descTlbed in the EelS
g
Ifpre-exlstmg solid \vaste or hazardous materials contamination
(mcludmg 011 or gasoline contaminated soil, asbestos, chemicals,
mine tailings, etc.) are encountered durmg the performance of work.,
the Permittee shall halt work In the affected area and Immediately
contact the COOT regional permitting office for direction as to how
to proceed
h
Spills shall be reported immediately using the COOT Illicit
Discharge Hotline (303) 512-4446 Spills on the highway. Into
waterways, or that may otherwise present an immediate danger to
the pubhc, shall be reported by calling 911 or the Colorado State
Patrol at (303) 239-4501, and the Colorado Department of Public
Health and Environment at 1-(877) 518-5608
20. RESTORATION OF RIGHT OF W A \
Prior to final acceptance, all disturbed portions of highway right of way shall
be cleaned up and restored to their original condition, subject to COOT
approval. Seeding, sodding. and planting shall be as specified, or otherw-ise
approved by COOT Construction, maintenance and watering reqUirements
shall conform to the COOT Standard Specificati9ns. Where landscape
restoration must be delayed due to seasonal reqUirements, such work may be
authorized by separate permit. Permittee shall use only certified weed. free
seed and mulch. Permittee shall clean equipment before transportmg It mw or
out of the state to prevent the migratIOn of noxious weeds
21. OPERATION Ai'iD MAINTENANCE
a Permittee agrees to ov.n and mamtain the installatIon permitted
herem_ The facility shall be kept In an adequate state of repair and
mamtamed in such a manner as to cause the least rnterference WIth
the normal operatlOn and mamtenance of the hIghway
b Ifany element of the transportation facility constructed or replaced
as a condition of this permit. falls within 24 months due to Improper
construction or materials, Permittee shall make all repairs
ImmedJately as notified JO writing by COOT
Routme, periodIC maintenance and emergency repairs may be
performed under the general terms and conditions of this penmt
CDOT shall be given proper advance notIce whenever maintenance
work WIll affect the movement or safety of traffic In an emergency,
the CDOT Region office and the State Patrol shalllmmedl<ltely be
notified of possible traffic hazards. Emergenc..,. procedures shall be
coordInated beforehand, where poSSible
d Maintenance activities requlflng new excavation or other
disturbance Within highway ROW ma)" requITe separate pennlt
Where highway construction or mamtenance operations 50 require.
Permittee Will shut offlmes, remove all combustible materials from
the highway right of way, or provide other temporary safeguards
22.
~IARKERS. LOCATION AIDS. LOCATION ASSISTA!,;CE
a The utility shall take all practical measures to ensure that buried
utility facilities are surface-detectable by standard geophYSical
methods Where the utility facilities, by the natme ofthclr material
properties, burial depth or other factors, may by themselves not be
surface-detectable, the utility shall, where feasible, mcorporate
detection wire or other detection aids in the installation of those
faCilities In Instances where detection aIds are not feasible or
would be meffectlve and surface-detectablllty cannot be ensured,
surface markers shall be mstalled as directed by the Department and
as-constructed plans and showing the accurate hOrizontal and
vertical locatIon of the buried facilities shall be provided to the
Department.
b
All plowed or trenched installations must mclude color-coded
(usmg the American Public Works ASSOCiation color codmg
system) warnmg tape placed not less than 12 Inches vertically above
COOT Permit Form 1283 and Standard PrOVISIons Page 5 of6
02106
COOT UTILITY/RELOCATION/SPECIAL USE PERMIT STANDARD PROVISIONS
the top of the line. The warning tape shall be surface-detectable if
needed to facilitate detection of the Ime
of the terms and conditions of the permit Issued for that facility,
includmg maintenance and relocation reqUIrements
d
The utility shall place readily identifiable markers at the right of
v.ay line where it is crossed by pipelines carrymg transmittants
which are flammable, corrosive, expansive, energized, or unstable,
particularly if carried at high pressure or potential, except where a
vent will serve as a marker
The utility shall place markers for longitudinal underground
facilities vertically above the faciilues or at a known hOrizontal
otfset, unless otherv.;se approved In writing by the Department.
Each marker shall provide a fore- and baCkslght to succeeding and
preceding markers. Markers shall be installed at suitable intervals
along tangent sectIons, at angle points or points of curvature and at
reasonable intervals along curves
I) cap, plug or fill lines,
2) furnish suitable location records for any such buned facilities,
3) maintain Its O'WTI records of such faCilities and respond to
locate notices/requests from the UNCC and/or excavators, In
providing such locates, the utility will mdlcate to the
requestmg entIty whether or not the subject facilIties are
retired or abandoned
4) perform any other actions as deemed necessary by the
Department to protect the transportation facility and/or the
travelmg public
c. The Perrmttee shall promptly remove all abandoned facilitIes from
the SH ROWand promptly restore the SH ROW to pre-existing or
other conditions prescnbed by the Depamnent unless the
Department In writing expressly allows the facility to remain In
place. Written notice from the Department, allowmg an abandoned
facility to remain in place, may include specml conditions
d. Ifutlllty facilities are retired or abandoned in place, the utihry shall
comply Wllh that decision if directed by the Department
e
The utility shall maintain any markers reqUired by this Code for the
life of the installation
f
The Department may require the utility to submit "as-constructed"
plans_ The Department may enter into an agreement with the utility
whereby the Department can rely on those plans for the exact
locatIon of the utility for any future excavations, and need not give
notice to the utility under Article 1.5 of Title 9, eRS
g
The utility will comply With the applicable requlremenlS of Amcle
1.5 of Title 9 C.R.S., includmg any reqUirement to partiCipate in the
State's Notification Assoclatlon pursuant to 9-1.5-105 C R S All
ov.ners of underground utilities withm the SHROW, with the
exception of the Department Itself. must become members of the
UNCC NotificatiOn ASSOCiation
In addition to complYing With the prOVIsIons of Anicle I 5 of Title
9 CR.S (One-Call Statute) in response to the Department's
notdicatlOn of planned excavations, utlllty owners shall surface-
mark then buned utlllty facilities that are located Within the
SHROW In order to facilitate Depanmental engmeenng and deSign
actlvltles, upon reasonable request from the Depanment, and at no
cost to the Department The Penmttee shall respond to such request
withm a reasonable umeframe acceptable to the Department, but no
longer than 14 calendar days from the date of request, and the
accuracv of the surface marking shall be withm 18 Inches of eIther
~Ide of the actual location of the buned facility
e If the ownershIp of utility facilities IS transferred, both the original
Permittee and the new ov.ner shall notify the Department In 'hTltlOg
pnor to the change in ownership, and such notice shall state the
planned date of change 10 ownership The notice from the new
ov.ner shall mclude a \'!ntten statement acceptmg all terms and
conditIons of the eXlstmg penmt, effective upon the planned date of
the change 10 ownership
h
Utility facilities comalOmg asbestos may not be abandoned m-place
Ordmanly such facilities must be removed trom the SHROW when
take out of servIce. On a case-by-case basiS, the Department may
allow such tacllltleS to be retired m-place, \....Ith the o\\ner retalnmg
full legal o\lmershlp and responSibility tor the facllllles
-
25.
Sl.SPDISION A:\D CANCELLATlO!'i
The COOT Inspector maly suspend operation due to
I) Non compliance with the proVISIons of this pennlt
2l Adverse weather or traffic condItions
3> Com.:urrent transportatlon constrw.:tlon or mamtenance
operatIons m conflict \....llh the permltted \\ork
4) Any condition deemed unsafe for workers or for the general
publiC
23. ADJrST\IENTS Dl:E TO HIGHWA' CONSTRUCTIO:\
If for anly transportatlon purpose It becomes necessarv to remove, ad/use or
relocate thiS facilIty Permittee Will do so promptly, at no cost to the COOT
except as prOVIded bv law upon wrlllen notice from COOT and m accordance
with the utility relocatIOn permit Issued to cover the necessary work The
utility shall perform the relocation at or wlthm a lime convement to and m
proper coordmation with the project or transportatIon-related actIvity to
minimiZe public mconvenlence and cost, as directed bY' the Depanment in the
permit authonzmg the relocatIOn The utility company shall pay for damages
caused by the company's delay In the performance ofu1lllty relocation work or
Interference WIth the performance of transportation project work done by
others Such damages Include, but are not limited to, payments made by the
Department to any third party based on a claIm that performance of the
transportation project work was delayed or mterfered WIth as a direct result of
the utlhty company's failure to timely perform the utility relocation work
Damages resultmg from delays In the performance of the util ity relocation
work or Interference Wllh the transportation project work that are caused by
events beyond the utility company's ability to reasonably foresee or control (a
force majeure) shall not be charged to the uuilty company
b
Work may resume when grounds for suspension no longer eXist
11115 permit IS subject to cancellation due to
I) Persistent noncompliance with permit proVISions
2) Abandonment or transfer of o\'mershlp
3) Superseded by new permit covermg the same installatIon
4) Conflict WIth necessary planned transportation construction
PermIttee must promptly terminate occupancy upon notice of
cancellation of permit, unless a new penTIlt IS applied for and
granted
d
Where Permmee does not fulfill an obligatIon to repair or maintain
any portion of the highway facilIty, or control and safely maintain
the flow of traffic thert:on, COOT reserves the right, In lieu of
canceling thIS permIt, to accomplish the reqUired work by any other
appropnate means, and Permittee shall be liable for the actual costs
thereof.
24. ABANDONMENT. RETIRDlENT, CHANGE IN OW:\ERSHIP
a The Permittee shall notify the Department In v.Tltmg of the planned
retirement or abandonment of ItS laclhty or any portion thereof
The Department WIll notify the PermIttee In \\-Tltlng ,f It determines
that the faCIlitIes may be retired or abandoned In place, along With
any speCial conditIOns that may apply
b Retired facilities shall remam the Permittee s sole responslbdll)
subject to all prOVISions of the Utlllt) ",ccommodatlon Code and all
02/06
COOT PermIt Form 12H3 and Standard PrOVISIOns Page () of ()
100
k8J 101
L8J 102
L8J 103
L8J 104
0 105
~ 106
0 107
0 109
~ 110
-
~ 111
~ 112
~ 113
~ 114
~ 115
) ) PERMIT NUMBER:
GENERAL PERMIT TERMS & CONDITIONS
PERMIT TYPE: 0 Utilities 0 Landscaping ~ Construction 0 Special Use
CHECKED TERMS (0) APPLY TO THIS PERMIT
GENERAL
Please refer to this permit number in all communications and correspondence.
The Permittee, his or her heirs, successors-in-interest, assigns, and occupants of the Utility/Construction/
Landscape/Special Use permitted by this permit shall be responsible for meeting the terms and conditions of
this permit.
A certificate of insurance naming the Colorado Department of Transportation (COOT) as an additional
insured is required to be submitted before work begins.
READ ALL ADDITIONAL STANDARD REQUIREMENTS OF THIS PERMIT AND OTHER TERMS AND
CONDITIONS ON THESE ATTACHED SHEETS. A COpy OF THIS PERMIT. INCLUDING ALL TERMS
AND CONDITIONS. MUST BE ON THE JOB SITE WITH THE CONTRACTOR. Call for an inspection of
forms at least one working day prior to placing any concrete. The Colorado Department of Transportation
inspection is not an approval of the grade or alignment of the work. The contractor and/or engineer is
responsible for the proper grade and alignment. Minor changes or additions may be ordered by the field
inspector to meet field conditions. Any survey monuments or markers disturbed during the execution of this
permit shall be repaired immediately at the expense of the Permittee.
NOTIFY THE DEPARTMENT OF TRANSPORTATION INSPECTOR Roger Jameson, at (303) 667-2833,
TWO WORKING DAYS BEFORE STARTING THE WORK.
NOTIFY THE DEPARTMENT OF TRANSPORTATION INSPECTOR Greg Sinn, at (303) 916-0463, TWO
WORKING DAYS BEFORE STARTING THE WORK.
NOTIFY THE DEPARTMENT OF TRANSPORTATION INSPECTOR Mike Smith, at (303) 667-2831, TWO
WORKING DAYS BEFORE STARTING THE WORK
On-premise and off-premise signing shall comply with the curfent Colorado Outdoor Advertising Act CRS 43-
1-401, Rules and Regulations Pertaining to Outdoor Advertising.
All work is to conform to the plans on file with the Colorado Department of Transportation or as modified by this Permit.
(IF DISCREPANCIES ARISE, THIS PERMIT SHALL TAKE PRECEDENCE OVER THE PLANS). The Colorado
Department of Transportation plan review is only for the general conformance with the Colorado Department of
Transportation design and code requirements. The Colorado Department of Transportation is not responsible of the
accuracy and adequacy of the design, of dimensions, and elevations which shall be confirmed and correlated at the job
site. The Colorado Department of Transportation, through the approval of this document, assumes no responsibility
other than stated above for the completeness and/or accuracy of the plans.
The contractor shall follow the applicable construction specifications set forth by the Department of
Transportation in the latest manual, Standard Specifications for Road and Bridqe Construction, the M & S
Standards, and the M.U T CD
Any damage to any present highway facilities shall be repaired immediately and prior to continuing other
work. Any mud or other material tracked or otherwise deposited on the roadway shall be removed daily or
as ordered by the Inspector
COOT will determine the extent of inspection services for the work. A daily inspection may be done by the
Colorado Department of Transportation from the time work begins inside the highway right-of-way until the
job is completed and right-of-way restored to its original condition.
Water, storm sewer, sanitary sewer, gas, electrical, landscaping, telephone, traffic signal installations and
fiber optic installations will require individual additional permits.
The Department will require the permittee to retain a Professional Engineer (PE) to be in Responsible Charge of
Construction Observation. The PE's responsibilities indude. but are not limited to'
The PE in Responsible Charge of Construction Observation shall evaluate compliance with plans and specifications
with regard to the roadway improvements within the State Highway Right of Way only The PE's responsibilities
shall be as defined in Section 5 of the BYLAWS AND RULES OF THE STATE BOARD OF REGISTRATION FOR
PROFESSIONAL ENGINEERS AND LAND SURVEYORS, and the relevant sections of the latest CDOT Standard
Specifications for Road and Bridge Construction. The PE shall carefully monitor the contractor's compliance on all
aspects of construction including Construction Zone Traffic Control.
2. Engineering Certification: After inspection and before final acceptance, the PE shall certify to CDOT. in writinQ, that
all inspections, materials, materials testing. and construction methods conform to the plans. specifications and
purpose of the design. The PE shall be experienced and competent in road and bridge construction management,
and inspection and materials testing. Certification is defined as a statement that includes all of the following:
a. Is signed and/or sealed by a PE representing that the engineering services addressed therein have been
performed by the PE. or under the Professional Engineer In Responsible Charge;
b Is based upon the PE's knowledge. information, and belief; and
c. Is in accordance with applicable standards of practice.
Rev 02/14/0.
C\Genetal PermitsIPermit Tenns File'C.006\06-OO98 doc
Page I of5
o
d. COOT is reques fi3 written confirmation from the Permittee that ] requirement is met.
116 Two sets of plans on 11- x 17" paper and the original load rating results shall be submitted to Staff Bridge
prior to construction for any culvert or bridge with a span longer than 12' or any pedestrian structure. The
load rating shall adhere to the procedures specified in the Colorado Department of Transportation Staff
Bridge Load Rating Manual. The input file shall be submitted on a 3%" floppy disc. When construction i
completed, two sets of "As Constructed" plans on 11" x 17" paper shall be sent to Staff Bridge to serve as
the permanent record of the construction project.
117 The Permittee and his Professional Engineer shall follow the latest revisions to COOT's Standard
Specifications for Road and Bridge Construction, Standard Special Provisions, especially REVISION OF
SECTION 509 ERECTION OF STRUCTURES and/or REVISION OF SECTION 618 ERECTION OF
STRUCTURES. The revisions can be found on COOT's website.
http://W.WW.dot.state.co.uslDesiqnSupportlConstruction/1999index.htm
200 WORKER SAFETY AND HEAL TH
201 All wori<ers within the State Highway right of way shall comply with their employer's safety and health
policies/procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations -
including, but not limited to the applicable sections of 29 CFR Part 1910- Occupational Safety and Health Standards and
29 CFR Part 1926 - Safety and Health Regulations for Construction.
Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing
protection, respirators, gloves, etc.) shall be wom as appropriate for the wori< being performed, and as specified in
regulation. At a minimum, all wori<ers in the State Highway right of way, except when in their vehicles, shall wear the
following personal protective equipment
a. Head protection that complies with the ANSI Z89.1-1997 standard;
b. At all construction sites or whenever there is danger of injury to feet, wori<ers shall comply with OSHA's PPE
requirements for foot protection per 29 CFR 1910.136, 1926.95, and 1926.96. If required, such footwear shall meet the
requirements of ANSI Z41-1999;
c. High visibility apparel as specified in the Traffic Control provisions of this permit (at a minimum. ANSI/ISEA 107-
1999, Class 2).
Where any of the above-referenced ANSI standards have been revised, the most recent version of the standard shall
apply
202 Compliance With NCHRP 350 Crashworthiness Certification for Work Zone Traffic Control Devices
Work zone devices designated by FHWA as category I, including but not limited to single-piece drums. tubes. cones and
delineators shall meet NCHRP 350 crash test requirements. The Permittee, or their contractor, shall obtain and makr
available upon request, the manufacturer's written NCHRP 350 certification for each type of category I device.
o
~
~
Work zone devices designated by FHWA as C<\tegory II, including but not limited to barricades, vertical panels with light,
drums or cones with light, portable sign supports, intrusion detectors and type III barricades shall meet NCHRP 350
crash test requirements. However, the Permittee may use category II devices originally purchased prior to October 1,
2000 in accordance with Table 1, presented below The Permittee, or their contractor, shall obtain and make available
upon request, the manufacturer's written NCHRP 350 FHWA Acceptance Letter for each type of category II device. or
shall certify that the category II device was originally purchased prior to October 1. 2000
Work zone devices designated by FHWA as category III. including but not limited to concrete barriers, fixed sign
supports, crash cushions, and other work zone devices not meeting the definitions of Category I or II shall meet NCHRP
350 crash test requirements. However. the Permittee may use category III devices originally purchased prior to October
1,2002 in accordance with Table 1 The Permittee, or their contractor, shall obtain and make available upon request,
the manufacturer's written NCHRP 350 FHWA Acceptance Letter for each type of category III device or shall certify that
the category III device was originally purchased prior to October 1,2002.
Work zone devices that do not meet NCHRP 350 requirements shall not be used after the phase out date.
FHWA Acceptance Letters for Category II or Category III Work Zone Devices may be accessed through the FHWA
website at http.//safetv.fhwa.dot.qov/roadwav depUroad hardwarelwzd.htm.
Table 1
Phased Imp/ementa1ion of Work Zone Devices
October 1. 1998 for new installations.
October 1, 2000 for new installations.
Existing devices may be used until service
life is exhausted or until phase-out date,
whichever comes first.
N/A
All devices must be in
compliance by
January 1, 2006.
C:\General PermitsIPermit Terms File\2006\06-OO98.doc
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Category III I October 1, 2002 for new install~ .ms. All devices shall meet
Existing devices may be used until service NCHRP 350 compliance
life is exhausted or until phase-out date, by
whichever comes first. January 1. 2006.
Exceptions: (see below)
Category III Exception: Units manufactured and purchased after N/A
Temporary Concrete Barriers October 1, 2002 must meet new standard.
- New Standard: Tvne 7 F-shape
Category III Exception: October 1, 1998 for new installations NA
Truck-mounted Attenuators & Work
Zone Crash Cushions
DRAINAGE, WATER QUAUTY CONTROL, ENVIRONMENTAL
All disturbed landscaping is to be restored 10 original or better condition.
Areas of roadway and right-of-way disturbed during this installation shall be restored to insure proper
drainage and erosion control.
It is the responsibility of the Permittee/Applicant to determine which environmental clearances and/or regulations
apply to the project. and to obtain any clearances that are required directly from the appropriate agency Please refer to
or request a copy of the "COOT Environmental Clearance Information Summary" for details. FAILURE TO COMPLY
WITH REGULATORY REQUIREMENTS MAY RESULT IN SUSPENSION OR REVOCATION OF YOUR COOT
PERMIT, OR ENFORCEMENT ACTIONS BY OTHER AGENCIES.
ALL discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge
Permit Regulations. Prohibited discharges include substarices such as: wash water, paint, automotive fluids, solvents,
oils or soaps.
Unless otherwise identified by CDOT or the Colorado Department of Public Health and Environment (CDPHE) Water
Quality Control Division (VIJQCD) as significant sources of pollutants to the waters of the State, the fOllowing discharges
to storm water systems are allowed without a Colorado Discharge Permit System permit: landscape irrigation. diverted
stream flows. uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources,
foundation drains, air conditioning condensation, irrigation water, springs, footing drains; water line flushing, flows from
riparian habitats and wetlands, and flow from fire fighting activities. However, construction activities may require a
Construction Stormwater Permit. Contact the COOT Water Quality Program Manager at 303-757-9343.
ANY OTHER DISCHARGES may require Colorado Discharge Permitls or separate permits from COPHE or the
appropriate agency before work begins. For additional information and forms, go to the CDPHE website
at: http//www.cdphe.state.co.usIwQ/PermitsUnit/wQcdpmt.html.
The Permittee is responsible for compliance with all Federal, State, and local environmental regulations, including the
COOT Region 6 Prairie Dog Policy The Permittee should have a qualified environmental consultant on staff or hire a
qualified environmental consulting firm to assess the proposed project area for potential environmental impacts and
obtain any necessary permits prior to disturbance. Environmental impacts indude, but are not limited to, wetlands. water
quality. threatened or endangered flora and fauna, cultural resources including both archaeological and paleontological
resources. and hazardous waste that can affect both human health and the natural environment. Should enforcement
action(s) be taken by any agency with jurisdiction. liability for noncompliance with any environmental regulation is the
sole responsibility of the Permittee Questions regarding environmental impacts can be directed to the Region 6
Environmental Manager at (303) 757-9930.
TRAFFIC
No access to the work area will be permitted from the main lanes or ramps of the Interstate Highway.
Any construction equipment with outriggers shall use street pads.
No open cuts will be allowed within 30 feet of the edge of the traveled way at night, on weekends, or on
hOlidays.
Where necessary to remove, add, or relocate a State Highway traffic control device, including striping, such
additions. relocation or removals shall be accomplished by the applicant at its own expense and at the
direction of the Department.
TRAFFIC CONTROL
Daytime closures will be allowed Monday through Friday only Night time closures will be allowed Sunday
through Thursday only unless otherwise approved by COOT
No interference with traffic will be allowed after 12:00 Noon the day before a 3- or 4-day holiday weekend, as
listed under 108 07 of the Standard Specifications for Road and Bridge Construction.
Closing ONE through lane on state highways, interstates and freeways will be allowed as follows. unless
otherwise approved by COOT From _ a.m.To _ pm., OR From _ a.m.To _ pm.. for this
permit and area only
Closing TWO through lanes on state highways. interstates and freeways will be allowed as follows, unless
otherwise approved by COOT From _ a.m. To _ p m. OR From _ a.m. To _ p.m., for
this permit and area only
The Permittee shall coordinate all traffic control operations with any special events in the area. The
Permittee shall not schedule operations that interfere with traffic from 2 hours before until 2 hours after any
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such event I !
Traffic control plans are to be reviewed and accepted before construction.
Contact Region 6 Traffic at 303-757-9950 at least two working days before beginning any work near a
Department traffic signal.
Closing of ramps or traffic lanes will not be permitted.
Install Temporary Type VII Barrier with end sections and proper taper around the work area.
Two-way traffic must be maintained through the area at all times.
No equipment will be allowed in the main lanes of the roadway during construction.
No storage of materials or equipment will be allowed within 30 feet of the edge of traveled way
Construction signs when not used, shall be tumed away from the traffic. All work that requires traffic control
shall be supervised by a Traffic Control Supervisor certified by the American Traffic Safety Services
Association (ATSSA) or the Colorado Contractors Association (CCA). When flag persons are required they
shall be properly certified.
Whenever the work will affect the movement or safety of traffic, Permittee shall develop and implement a
traffic control plan, and utilize traffic control devices as necessary to ensure the safe and expeditious
movement of traffic around and through the work site and the safety of the utility work force.
High visibility apparel shall be worn at all times, except when workers are in their vehicles. Such apparel
shall, at a minimum, comply with the Class 2 specifications of the ANSI/ISEA 107-1999 standard for High-
Visibility Safety Apparel, and as specified in section 6E.02 of the FHWA "Manual on Uniform Traffic Control
Devices. Class 3 apparel shall be considered for use at night or in particularly hazardous situations.
The traffic control plan and the application of traffic control devices shall conform to the Manual on Uniform
Traffic Control Devices and Colorado Supplement thereto, and with the Department's Standard Plans S 630-
1 and S 630-2, S-630-3 for construction traffic Control.
Permittee's traffic control plan is subject to COOT acceptance prior to commencing work on highway right-of-
way (ROW). A copy of the accepted traffic control plan must be available on site during work.
A certified Traffic Control Supervisor shall be on site at all times while construction traffic control is being
utilized on the project.
New above ground installations shall be placed outside of roadway "clear zone" as defined by the latest
AASHTO Roadside Design Guide or the installation shall have a breakaway system reviewed and approveel""
by COOT
SURFACING
Any new joints in asphalt or concrete shall be within 6 to 12 inches of the existing or proposed lane striping.
Construct Q.-feet wide 4-inch thick concrete sidewalk abutting or behind the curb. Construct handicap ramps
at intersection of sidewalks and curbs The sidewalk, if to be set back from the curb. it shall be at least 5 feet
from the curb Curb, gutter and sidewalk shall NOT be poured monolithic EXCEPT in the case ot handicap
ramps and curb cuts which will be poured monolithic.
SAW concrete removals to assure a straight edge for patching.
The manhole rings and covers shall be Department ot Highways Standard 400 pound.
Valve and manhole covers shall be set Y:i inch below' finished grade
Okay to make _ , X _ foot pavement cut for connecting purposes
Full depth Hot Bituminous Pavement (HBP) shall be placed daily, 9-inch minimum or match existing,
whichever is greater
All excavations for utility lines, culverts, trenches or tunnels shall meet the requirements of OSHA or the
Colorado Department of Transportation. whichever applies.
MAINTENANCE
Maintenance work may be done anytime within daylight hours as long as no interference to traffic is caused
The Permittee shall be responsible for landscape maintenance, including irrigation, Iittef removal, weed
control and mowing within limits of the work.
Install and mark a manual shut-off valve in the Highway right-ot-way tor emergency use by the Colorado
Department ot Transportation.
The Colorado Department of Transportation reserves the right to do any maintenance work necessary in this
area.
Notify CDOT Region 6 Maintenance Section 8 Landscaping, Scott Dunstan, at 720-289-0075 before startir
work in landscaped areas for locates of sprinkler system
MATERIALS
Trees and shrubs shall be planted tar enough from the roadway to ensure that branches will not overhang
Rev 02/14/0'
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"'- '0 1010
into the traveled lanes )1aturity.
Disturbed right-of-way area, where applicable, must be topsoiled, fertilized, mulched, and reseeded with
Department of Transportation Specification grass seed mix, which consists of:
DRY LAND NATIVE GRASS SEED RATES (PLS= Pure Uve Seed; ACRE= 43,560 Sq. Ft.):
SPECIES PLS/ACRE
Smooth Brome (Manchar), Western Wheatgrass 8lbs.
Fairway Crested Wheatgrass 4lbs.
Sideoats Grama 2 lbs.
Blue Grama, Alfalfa (Ladac) 1 lb.
Or landscaped as per approved plans.
EARTHWORK
Conduit/casing shall be a minimum depth of 4 feet.
All cable/conduit shall be installed by directional bore. No trenching shall be permitted.
The cable shall be placed as per plan with a minimum depth of 4 feel. The cable shall be detectable using existing
detection equipment even if an independent wire has to be installed. The cable shall be marked at every horizontal and
vertical angle point, the marker shall be placed at the right-of-way with name of the .Owner", offset to the cable, and
locators telephone number. Markers both ahead of and behind any given marker shall be visible from that marker A 20
to 1 elastic marking ribbon shall be placed between 1 foot above the cable and 1 foot below the ground surface. In
congested areas of highway right-of-way, 6 inches of concrete shall be placed over the conduit or cable.
This Permit allows for the installation of monitoring wells and monitoring for a 2-year period from date of issue. This
Permit may be re-issued for further monitoring at the end of the 2-year period. All construction and abandonment
procedures shall conform to the requirements ofthe State Engineer's office. All drill cuttings and water removed are to
be transported from the site and properly disposed of. The wells are to be marked with permanent, waterproof
identification stating Permittee's name, address and phone number
OTHER
Two sets of 1/2 size final plans shall be submitted for acceptance prior to work starting in CDOT right-of-way
Rev 02/14/'
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Page 5 of5
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 41
Series of 2006
TITLE:
A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH THE METRO WASTEWATER
RECLAMATION DISTRICT FOR THE RELOCATION OF THE
WASTEWATER FACILITIES AT YOUNGFIELD STREET AND
40TH AVENUE
WHEREAS, the City Council wishes to provide for the construction of certain street
improvements on Youngfield Street from 38th to 44th Avenue; and
WHEREAS, the said street improvements require the relocation of eXisting wastewater
facilities; and
WHEREAS, the City has negotiated an Intergovernmental Agreement (IGA) with the
Metro Wastewater Reclamation District, for the purpose of relocating the facilities, and;
WHEREAS, the cost of relocating the faCIlities has been approved through project
authorization, and
-
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. Intergovernmental Agreement (lGA) Approved.
The Intergovernmental Agreement (IGA) between the City and the Metro Wastewater
ReclamatIOn District for Project ITB-06-35, Y oungfield Street Improvements, is hereby
approved and the City Manager is authonzed and directed to execute the same.
This Resolution shall be effective immediately upon adoption.
DONE AND RESOLVED thiS _ day of
,2006.
Jerry DiTullio, Mayor
ATTEST
Pamela Anderson, City Clerk
ATTACHMENT 2
ITEM NO:
~
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE'
August 28, 2006
TITLE:
COUNCIL BILL 19-2006, AN ORDINANCE AMENDING SECTION
26-623 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING
EXCA V A nON AND DEPOSIT CONTROL (CASE NO. ZOA 06-02)
[g] PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date: July 24, 2006)
[g] ORDINANCES FOR 2ND READING
Quasi-JudIcIal: 0
~Idi
[g]
No
-
Commumty Development DIrector
EXECUTIVE SUMMARY:
SectIOn 26-623 of the Code of Laws addresses the reqUIrements for obtaInIng approval for
excavatIOn and depOSItIOn of fill matenal. Major operatIOns, defined as InvolVIng more than
20,000 cubIC yards, reqUIre a specIal use. ThIS partIcular sectIon was not amended when the
specIal use process was amended In 2003 and still refers to Planmng CommIssIOn and CIty
Council heanngs. The changes m 2003 elimmated the Planmng CommIssIOn heanng and reqUIred
the CouncIl hearing only Ifthere were objectIons to the request; otherwIse the request could be
approved admimstratIvely.
The proposed ordmance elImmates thIS mconslstency by deletIng reference to the P1annmg
CommIssIOn and CIty CouncIl heanngs and SImply references SectIOn 26-114 where the reqUIrements
and process for specIal uses are establIshed. Other references to "the CIty Council" are changed to
SImply "the CIty" No other changes are mvolved.
P1annmg CommIssIOn recommended approval of the ordmance.
ThIS Item helps Implement the CIty's goal ofprepanng for growth and opportumtIes and havmg a
clearly defined development process by elImInatIng InconSIstenCIes In eXIstIng regulatIOns.
COMMISSION/BOARD RECOMMENDATION:
Planmng ConunissIOn heard thIS item on July 20,2006 and reconunended approval.
STATEMENT OF THE ISSUES:
The mconsistency between the section on major excavatIon and deposIt control and the speCIal use
process causes confUSIOn for applicants and the public. This ordinance WIll make the regulatIOns
consIstent, thereby elImmatmg any confusIOn about the process to be followed.
ALTERNATIVES CONSIDERED:
Do not amend the sectIon,
FINANCIAL IMPACT:
There IS no financIal Impact to the CIty by adoptmg this ordmance.
RECOMMENDED MOTION:
"1 move to approve CounCIl BIll 19-2006 on second readmg and that It take effect 15 days after
final publIcatIOn."
-
Report Prepared by: Alan White, Conunumty Development DIrector
ReVIewed by:
Attachments:
1. Planning ConunIssIOn Memorandum
2. Council BIll 19-2006
Request for City Council Action-report form
City of Wheat Ridge
Community Development Department
Memorandum
TO: Planrung CommIssion
FROM: Alan WhIte, CommunIty Development DIrector
SUBJECT: Case NO. ZOA 06-02
DATE: July 12, 2006
ThIs Case is
o QuasI-JudIcIal
o LegIslatIve
Section 26-623 of the Code of Laws addresses the reqUIrements for obtaming approval for
excavation and depoSItion of fill matena1. Major operatIOns, defined as mvolvmg more than 20,000
cubic yards, require a specIal use. Tills partIcular sectIon was not amended when the specIal use
process was amended m 2003 and stIll refers to Plannmg CommIssion and City CouncIl hearings.
The changes in 2003 elIminated the Planning CommIssion hearing and reqUIred the Council hearing
only If there were objectIons to the request; otherwIse the request could be approved
administratIvely.
_ The proposed ordmance elimmates this mconslstency by deletmg reference to the Planmng
CommiSSIOn and City Council heanngs and Simply references Section 26-114 where the
reqUIrements and process for speCIal uses are establIshed. Other references to "the CIty Council" are
changed to Simply "the City." No other changes are mvolved.
SUGGESTEED MOTION:
"I move to recommend approval of Case No. ZOA 06-02 concerning excavation and depOSit
contro1."
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER GOKEY
Council Bill No. 19-2006
Ordinance No.
Series of 2006
TITLE: AN ORDINANCE AMENDING SECTION 26-623 OF THE
WHEAT RIDGE CODE OF LAWS CONCERNING
EXCAVATION AND DEPOSIT CONTROL
WHEREAS, the City Council of the City of Wheat Ridge is authorized pursuant to
Article XX of the Colorado Constitution, the Wheat Ridge Home Rule Charter and
Section 31-23-101, et seQ. of the Colorado Revised Statutes to adopt and amend from
time to time regulations concerning the control of land development; and
WHEREAS, the scope of such regulations includes excavation and deposit
control, and
WHEREAS, the Wheat Ridge City Council has previously exercised this authority
by the enactment of Wheat Ridge Code of Laws Section 26-623, and
WHEREAS, the City Council has provided in Wheat Ridge Code of Laws Section
26-114, a procedure for a review of uses classified as "special uses;" and
-
WHEREAS, major land fill and excavation control operations, as defined by Code
Section 26-623.C are permitted as special uses, and
WHEREAS, it is necessary to amend Code Section 26-623.C to bring the
procedure for review of major landfill and excavation control operations as a special use
within the uniform procedure for review of special uses set forth in Section 26-114.
NOW, THEREFORE, BE IT ORDAINED by the Wheat Ridge City Council, that:
Section 1 Code Section 26-623.C. Amended
The introductory paragraph and subparagraph 7 of Section 26-623.C of the Code
of Laws are amended to read as follows
C. Major landfill and excavation control operations.
Dumping, landfill and/or extraction operations which
exceed twenty thousand (20,000) cubic yards may be
allowed in any zone district only by special use permit
requiring public hearings before tho planning commission
and city council under section 26-114. Such deposit or
extraction of earth, sand, gravel, rock, minerals, broken
ATTACHMENT 2
concrete or broken asphalt or other similar resources,
and/or storage thereof, are subject to the following
conditions. (In cases of isolated or unusual
characteristics of the operation or the location thereof,
partial waiver of these requirements may be made by tho
city council) A special use permit may be issued for a
period of time not to exceed one (1) year and may be
renewed by city council upon written request:
1 Application
7. The city council specifically reserves the right to
approve, approve with conditions, or deny special use
permits for major landfill and excavation control
operations based upon evaluation of the proposal
relative to the criteria for review set forth in section
26-114
Section 2. 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 3. Effective Date. This ordinance shall take effect immediately upon final
adoption.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to
o on this 24th day of July ,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 August 28 , 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.
ITEM NO: 3 I
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE
August 28, 2006
TITLE:
COUNCIL BILL 20-2006, AN ORDINANCE AMENDING
SECTIONS 26-204 AND 26-613 OF THE WHEAT RIDGE CODE OF
LAWS TO INCLUDE MASSAGE THERAPY (CASE NO. ZOA 06-
03)
~ PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date' July 24,2006)
~ ORDINANCES FOR 2ND READING
QuasI-JudIcIal'
o
Yes
~
No
t1~ IJJbL
Commumty Development DIrector
-
uepu
EXECUTIVE SUMMARY:
CIty Council has recently adopted lIcensmg reqUIrements for massage therapy practIces and
centers. In Chapter 26 (Zonmg and Development Code) massage therapy IS not lIsted m the table
of uses for commercIal zone dIstricts. The use has been interpreted to be SImilar (in impact,
character, etc.) to "haIr, nail, and cosmetIc servIces." AdoptIOn of new hcensmg requirements
should be accompanIed by mcluslOn of the use m Chapter 26 to ehmmate any confuSIOn about the
use bemg allowed or not.
The proposed changes to Chapter 26 do two thmgs' 1) lIst massage therapy and massage therapy
centers m the use chart as permItted uses m all commercIal and mdustnal zone dlStnCtS, and 2) mclude
massage therapy as a permItted home occupatIOn. Both changes refer to Chapter 11 for addItional
reqUIrements.
Plannmg CommISSIOn recommended approval of the proposed ordmance.
ThIS Item helps Implement the CIty's goal of prepanng for growth and opportumtIes by clearly
definmg development standards whIch mcludes uses allowed m a partIcular zone dlstnct.
COMMISSION/BOARD RECOMMENDATION:
Planning Commission heard this Item on July 20,2006 and recommended approval.
STATEMENT OF THE ISSUES:
The massage therapy professlOn has emerged as a valId form of alternative health care promoted
by traditlOnal medical providers. Massage therapy professlOnals are recognized as caregivers who
contribute to the health and well-bemg of mdlvlduals. Massage therapy is recogrnzed as a
legitimate bus mess With formal education and professional orgamzations Similar to those for other
professions. ThiS use needs to be mcluded m the hst of uses in the commercial zone dlstncts to
ehmmate confuslOn of whether it IS allowed or not.
As a use in a commercial zone distnct or as a home occupatlOn, the licensing requirements
recently adopted by Council will apply and the use chart directs readers to Article X of Chapter 11
for those additional reqUlrements.
ALTERNATIVES CONSIDERED:
1. Do not allow the use m all commercial and mdustnal zone dlstncts.
2. Allow as a special use m certam zone districts.
3 Do not allow as a home occupatlOn.
Massage therapy centers are appropnate uses m all commercial and industnal zone dlstncts. Massage
therapy is an appropnate home occupation when hmlted to one practItIOner Makmg the uses a special
use would be burdensome and would serve no purpose whIch the newly adopted hcensmg
requirements do not serve.
FINANCIAL IMPACT:
There is no financial Impact to the City by adoptmg thiS ordinance.
RECOMMENDED MOTION:
"I move to approve Council Bill 20-2006 on second readmg and that It take effect 15 days after
final pubhcatlOn."
Report Prepared by" Alan White, Commumty Development Director
Attachments:
1 Planmng CommlsslOn Memorandum
2. Council Bill 20-2006
City of Wheat Ridge
Community Development Department
Memorandum
TO: Planmng Commission
FROM: Alan WhIte, Commumty Development Director
SUBJECT: Case NO. ZOA 06-03
DATE: July 12, 2006
This Case IS
o QuasI-JudicIal
0' LegislatIve
The City's current code concernIng massage parlors and massage therapy practIce is based on State
statute which was wntten 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. Massage therapy profeSSIOnals are recognIzed as caregIvers who
contribute to the health and well-being of individuals. Massage therapy IS recognIzed as a legItImate
bUSIness with formal educatIOn and professional orgamzatlOns similar to those for other professions.
-
LIcensIng reqUIrements have been adopted recently by Council In a new ArtIcle X of Chapter 11 of
the Code of Laws.
In Chapter 26 massage therapy IS not listed In the table of uses for commerCIal zone dlstncts. The
use has been interpreted to be SImIlar (in Impact, character, etc.) to "haIr, nail, and cosmetIc
servIces." Adoption of new IIcensmg reqUIrements should be accompamed by mcluslOn m Chapter
26 to elIminate any confuSIOn about the use bemg allowed or not.
The proposed changes to Chapter 26 do two thmgs' 1) lIst massage therapy and massage therapy
centers m the use chart for commercIal zone d1stncts, and 2) mclude massage therapy as a permItted
home occupatIOn. Both changes refer to Chapter 11 for addItIOnal reqUIrements.
SUGGESTEED MOTION:
"I move to recommend approval of Case No ZOA 06-03 concernmg the practIce of massage
therapy"
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER GOKEY
Council Bill No. 20-2006
Ordinance No.
Series of 2006
TITLE: AN ORDINANCE AMENDING SECTIONS 26-204 AND 26-
613 OF THE CODE OF LAWS TO INCLUDE MASSAGE
THERAPY
WHEREAS, the City of Wheat Ridge, acting through its City Council,
has authority pursuant to Article XX of the Colorado Constitution, C.R.S.
31-23-101 et seq., and the City's Home Rule Charter to regulate the use of
land; and
WHEREAS, such authority extends to the regulation of uses In the
various zoning districts of the City; and
WHEREAS, the Council has amended Chapter 11, Article X of the
City's Code of Laws governing the practice of massage therapy; and
- WHEREAS, it is necessary to amend the City's zoning regulations to
permit the practice of massage therapy in zone districts of the City under
the restrictions of Chapter 11, Article X.
Section 1. Code Section 26-204 amended.
Section 26-204 of the Code of Laws is amended by the addition of the following
new line items in the Table of Uses for Commercial and Industrial Districts
Table of Uses -Commercial and Industrial Districts
Uses Notes NC RC C-1 C-2 I
Massage therapist See Chapter 11, Article 10 Code P P P P P
of Laws for additional restrictions
Massage therapy center See Chapter 11, Article 10 Code P P P P P
of Laws for additional restrictions
Section 2. Code Section 26-613 amended.
ATTACHMENT 2
Subsection 26-613.A.11 of the Code of Laws Section 26-613 is hereby amended
by re-numbering subparagraph "I" as "m" and by inserting new subparagraph "I," to read
as follows
Massage therapist, restricted to one practitioner, subject to
the restrictions of Chapter11 , Article X of the Code of Laws.
Section 3. Severabilitv: Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect fifteen days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to
o on this 24th day of July ,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 August 28 , 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:
Pam Anderson, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication: July 27, 2006
Second Publication:
Wheat Ridge Transcript
Effective Date:
-
ITEM NO' --L I
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE.
August 28, 2006
~
TITLE:
RESOLUTION NO. 40: A RESOLUTION FINDING A PETITION
FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN
SECTIONS 15 AND 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTIAL
COMPLIANCE WITH SECTION 31-12-107(1), COLORADO
REVISED STATUTES AND SETTING A HEARING DATE TO
CONSIDER THE ANNEXATION.
o PUBLIC HEARJNG
o BIDS/MOTIONS
~ RESOLUTIONS
o ORDINANCES FOR 1ST READING
o ORDINANCES FOR 2ND READING
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QuasI-JudIcIal. 0
it y"
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~
No
Commumty Development DIrector
EXECUTIVE SUMMARY:
An annexatlOn petltlon was submitted to the CIty on April 28, 2006 by Coors Brewmg Company who
owns property located at the northwest comer of Miller Street and W 50th Avenue (Coors Glass
Plant) The MumClpa1 AnnexatlOn Act establIshes the procedures for annexatlOn ofunmcorporated
temtory by a mumcipalIty. The first step IS the presentation ofthe petltion to City Council and the
determmatlOn by CIty Council whether the property m questlOn IS elIgible for annexatlOn under the
statutes, and If so, settmg a heanng date to conSider the annexatlOn. Under an mtergovernmental
agreement between Wheat Ridge and Arvada, Wheat Ridge agreed to annex thIS parcel.
Under the statutes, temtory IS elIgible to be annexed If more than 50% of the owners of more than
50% ofthe land sought to be annexed Sign the annexatlOn petltlOn, at least 1/6 ofthe boundary ofthe
land sought to be annexed is contIguous With the current CIty boundary, that a commumty of mterest
eXIsts between the area proposed to be annexed and the annexmg municIpalIty, that the area IS urban
or will be urban m the near future, and that saId area IS or is capable of bemg mtegrated With the
annexmg mumClpalIty
The Issue of annexatlOn ofthis property was brought before CIty Council on May 22, 2006 where the
annexatIOn petitIOn was tabled so work could proceed on the planmng documents.
ThIs item IS related to Council's strategIc goals of plmllling for growth and opportumtIes, and
establishmg a strong partnershIp between the CIty and the community.
COMMISSION/BOARD RECOMMENDATION:
None. Only City Council acts upon annexation petitions.
STATEMENT OF THE ISSUES:
If CIty Council approves the annexatIOn on October 9, 2006, under the Mumclpal AnnexatIOn Act, the
CIty is required to zone the property withm 90 days. The zorung request, Outlme Development Plan
and Fmal Development Plan and plat wIth a street nght-of-way vacation will be considered the same
mght as the annexation, therefore this reqmrement will be met. Planning CommissIOn reviewed and
recommended approval ofthe plannmg documents (zone change and Outlme Development Plan, Fmal
Development Plan and plat) on July 20, 2006.
The deCISIOn to annex a property IS a legIslative deCISIOn of CIty Council. The 1/6 contIgmty
reqmrement IS met. The petitIOner represents more than 50% of the landowners ownmg more than
50% ofthe land proposed for annexation. The area IS surrounded by urban development and the area
IS capable of being mtegrated WIth the CIty. The area meets the annexation eligibilIty reqmrements
establIshed m the MuniCIpal Annexation Act.
ALTERNATIVES CONSIDERED:
The CIty Council under the Wheat fudge Code of Laws has two optIOns to consIder WIth the petitIOns.
1. Adopt a motion adopting the resolutIOn.
2. Adopt a motion to not adopt the resolutIOn.
FINANCIAL IMPACT:
The annexation of the property will create an llnmediate responsibilIty of the CIty to provIde polIce
protection. GIven the small SIze of the property, thIS should not be a substantial burden. The CIty will
receIve property tax revenues generated by the Improvements on the property One-tIme fees for
annexatIOn, zomng and the reVIew of other documents were submItted WIth the land use process
applIcation.
RECOMMENDED MOTIONS:
"I move to adopt ResolutIOn No 40, findmg the Coors Glass Plant annexatIon to be elIgible for
annexatIOn and settmg a heanng date to consider annexmg the property on October 9,2006 "
2
Report Prepared by: MeredIth Reckert (303-235-2848)
RevIewed by: Alan WhIte
Attachments:
1. AnnexatIon Petition
2. ResolutIOn No 40 wIth attachments
Request for City Council Action-report form
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3
PETITION FOR ANNEXATION
TO: THE CITY OF THE CITY OF WHEAT RIDGE, COLORADO
RE: PROPERTY KNOWN AS. Lot 8. Arvada Ridge
The undersigned landowners, in accordance with the provisions of Title 31, Article 12,
Part 1, C.R.S. and known as the Municipal Annexation act of 1965, as amended, hereby petltlOn
the City Council for annexation to the City of Wheat Ridge the following described
unincorporated area situate and being in the County of Jefferson, and State of Colorado, to wit:
(See attached Exhibit A attached hereto
and rncorporated herein by reference.)
Your petltioners further state as follows:
1. That it IS desirable and necessary that such area be annexed to the CIty of Wheat
fudge, Colorado.
2. That the area sought to be annexed meets the reqmrements of SectlOns 31-12-104 and
105, as amended, of the MunIcipal annexatlOn Act of 1965, m that:
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A. Not less than one-sixth (1/6) ofthe penmeter of the area proposed to be
annexed is contlguous with the existing boundaries of the CIty of Wheat Ridge,
Colorado.
B A community of interest exists between the area proposed to be annexed and
the City of Wheat RIdge, Colorado
C The area proposed to be annexed is urban or will be urban in the near future
and said area is integrated or is capable of being integrated WIth the CIty of Wheat
fudge, Colorado
D No land held in Identical ownershIp, whether conslstmg of one tract or parcel
or real estate or two or more contlguous tracts or parcels of real estate
(1) IS dIVIded mto separate parts or parcels WIthout the wntten consent
of the landowner or landowners thereof, unless such tracts or parcels are
separated by a dedIcated street, road, or other pubhc way
(2) comprismg 20 acres or more and wlnch, together with the buildmgs
and Improvements sItuated thereon, has a valuatIOn of assessment III
excess of $200,000 00 for ad valorem tax purposes for the year next
precedmg the annexatIOn, IS rncluded WIthin the area proposed to be
annexed WIthout the wntten consent of the landowner or landowners
{00065684.DOCI}
ATTACHMENT 1
E. No annexation proceedings have been commenced for the annexation to
another mumcipahty of part or all to the temtory proposed to be annexed.
F. The annexatlOn of the area proposed to be annexed will not result in the
detachment of the area from any school d1strict and the attachment of same to
another school distnct.
G. The annexatlOn of the area proposed to be annexed will not have the effect of
extending the boundary ofthe CIty of Wheat Ridge more than three miles in any
direction from any point of the City's boundary in anyone year.
H. If a portlOn of a platted street or alley is to be annexed, the entIre width of said
street or alley is included w1thm the area to be annexed.
1. Reasonable access shall not be denied to landowners, owners of easements or
the owners of franchises, adjoining any platted street or alley to be annexed that
will not be bordered on both sldes by the C1ty of Wheat Ridge.
3. That attached hereto and incorporated herein by reference are four (4) prints of the
annexatIon map, conta1mng the following information:
A. A wntten legal descnptlOn of the boundanes for the area proposed to be
annexed:
B A map showmg the boundary of the area proposed to be annexed;
C. Withm the annexatlOn boundary map, a showmg of the 10catlOn of each
ownership tract of unplatted land, and, with respect to any area wh1ch 1S platted,
the boundanes and the plat numbers of plots or lots and blocks,
D. Next to the boundary ofthe area proposed to be annexed, a drawmg of the
contiguous boundary of the City of Wheat Ridge and the contiguous boundary of
any other mumc1pahty abuttmg the area proposed to be annexed.
4 That the petItlOners are the landowners of more than fifty percent (50%) of the area
sought to be annexed, excluslVe of streets and alleys
5 That all of the petItioners slgned thIS PetitlOn for annexatlOn no more than 180 days
pnor to the date of filmg of tms PetItion for AnnexatlOn.
6. That tins PetitIon for annexatIon satIsfies the requrrements of Art1cle II, SectIon 30, of
the ConstltutlOn of Colorado in that it is signed by persons compnsmg more than fifty
percent (50%) of the landowners m the area proposed to be annexed who own more than
fifty percent (50%) of said area, excludmg pubhc streets and alleys and any land owned
by the C1ty of Wheat RIdge.
{ 00065684.DOC/}
7. That upon the Annexation Ordmance becoming effective, all lands within the area
sought to be annexed shall become subject to the ordinances, resolutIOns, rules and
regulatIOns of the City of Wbeat Ridge, except for general property taxes which shall
become effectIve on January I ofthe next succeeding year following passage of the
Annexation Ordinance.
Therefore, your petltloners respectfully request that the City Council of the CIty of
Wheat Ridge, Colorado, approve the annexatIOn of the area proposed to be annexed.
Wbenever from the context it appears appropnate, each term stated m eIther the singular
or plural will include the other, and pronouns stated in either the masculme, feminine or the
neuter gender willmc1ude each of the other genders.
Mailing Address
of Landowner
Legal Description
of Land Owned
Nathaniel C. Boggs
Chief Legal Officer &
Group VP for Public Affairs
PO. Box 4030, NH 314
Golden, CO 80401
See EXHIBIT A
(Attached)
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{00065684.DOC/}
AFFIDAVIT OF CIRCULATOR
The undersigned, being of lawful age, who being fIrst duly sworn upon oath, deposes and
says:
That (he or she) was the circulator of the foregoing Petltion for Annexatlon oflands to
the City of Wheat Ridge, Colorado, consIsting of _ pages, mcluding this page, and that each
SIgnature thereon was wItnessed by your affIant and is the true SIgnature of the person whose
name it purports to be.
~~1
STATE OF COLORADO
COUNTYOB~~""
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)ss
)
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The foregoing AffIdaVIt of Circulator was subscribed and sworn to before me thIS
d-Y. dayof f.\.9 ^-Ai ,200~,by \\~.I ~D.<1,-,~1-
My CommIssIOn expires.
~
l JANIECE A. GURULE
Notary Public
State of Colorado
(SEt:4f.,~ommission Expires Aug. 22, 2006
{00065684.DOC/)
Propd~ed.
ahrlexatibnarea
W. 50th Ave.
'^ Right-of way
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,.:.. City Boundary
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_ Proposed
annexation area
Lot 8 Arvada Ridge Annexation
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OON T S.
Resolution No. 40
Series of 2006
TITLE:
A RESOLUTION FINDING A PETITION FOR ANNEXATION OF
A PARCEL OF LAND LOCATED IN SECTIONS 15 AND 16,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF
COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH
SECTION 31-12-107(1), COLORADO REVISED STATUTES AND
SETTING A HEARING DATE TO CONSIDER THE
ANNEXATION.
WHEREAS, a wntten petition for annexatlOn to the CIty of Wheat RIdge,
Colorado of a certam parcel of land as described m attached Exhibit A was filed wIth the
CIty Clerk and referred by her to the CIty CounClI, and
WHEREAS, pursuant to C.R.S SectlOn 31-12-107, thIS CIty Council, sittmg as
the govemmg body ofthe City of Wheat RIdge, Colorado, has revIewed the petltlOn to
determme whether there has been substantial compliance wIth C.R.S 31-12-107(1); and
_ WHEREAS, the CIty Council has satIsfied Itself concemmg the substantlal
compliance ofthe petltlon wIth C.R.S 31-12-107(1)
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS.
Section 1. The written petltlOn for annexation substantlally complies wIth C.R.S.
Section 31-12-107(1)
Section 2. A public heanng on saId petItion shall be conducted at 7 00 pm on the
9th day of October, 2006 at the City of Wheat RIdge MunICIpal Buildmg wluch IS located
at 7500 W. 29th Avenue, Wheat RIdge, Colorado, 80215, to determine If the proposed
annexatlon complIes wIth C.R.S SectlOns 21-12-104 and 31-12-105 or such part thereof
as may be reqmred to establish eligibility under the terms of Title 31, ArtIcle 12, Part 1,
as amended, known as the MurucIpal Annexatlon Act of 1965, and the ConstltutlOn of the
State of Colorado, Artlcle II, Section 30, as amended.
Section 3. Any person may appear at saId heanng and present evidence upon
any matter to be determined by the CIty CouncIl.
Section 4. ThIS resolutlon shall be effectlve ImmedIately upon adoption.
RESOLVED AND PASSED this _ day of , 2006
ATTACHMENT 2
1
ATTEST:
JERRY DITULLIO, MAYOR
Pamela Y. Anderson, CIty Clerk
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2
EXHIBIT A
LEGAL DESCRIPTION
LOT 8, TRACT 3, AND MILLER STREET, AS PLATTED IN ARVAD A RIDGE,
ACCORDING TO THE PLAT RECORDED AT RECEPTION NO F2143596, AND
ANOTHER PORTION OF MILLER STREET, ALL OF WHICH IS LOCATED IN THE
EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE
6TH PRINCIPAL MERIDIAN, JEFFERSON COUNTY, COLORADO, BEING
DESCRIBED AS FOLLOWS
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 16, AND
CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION TO BEAR SOUTH 00012'10"EAST, WITH ALL BEARlNGS CONTAINED
HEREIN, RELATIVE THERETO; THENCE SOUTH 44055'39"WEST, 1876.58 FEET
TO THE NORTHWEST CORNER OF THE SE ONE-QUARTER OF THE SE ONE-
QUARTER OF SAID SECTION 16, BEING ON THE BOUNDARY OF THE RIDGE
HOME ANNEXATION AND THE POINT OF BEGINNING OF THIS DESCRIPTION,
THENCE ALONG SAID RIDGE HOME ANNEXATION BOUNDARY THE
FOLLOWING TWO COURSES
(1) ALONG THE WEST LINE OF THE NE ONE-QUARTER OF THE SE ONE-
- QUARTER OF SAID SECTION 16, NORTH 00012'10"WEST, 1317.66 FEET TO THE
SOUTHWEST CORNER OF THE SE ONE-QUARTER OF THE NE ONE-QUARTER
OF SAID SECTION 16, (2) THENCE ALONG THE WEST LINE OF SAID SE ONE-
QUARTER OF THE NE ONE-QUARTER, NORTH 00012'52"WEST, 260 14 FEET TO
THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN
RAILROAD (COLORADO & SOUTHERN), AS DESCRIBED IN COLORADO
STATE BOARD OF LAND COMMISSIONERS R.O.W. NO 1062,
THENCE DEPARTING SAID RIDGE HOME ANNEXATION BOUNDARY, ALONG
SAID SOUTHERLY RAILROAD RIGHT-OF-WAY LINE, NORTH 74040'27"EAST,
31.08 FEET TO THE EAST RIGHT-OF-WAY LINE OF MILLER STREET AS
PLATTED IN SAID ARVADA RIDGE, THENCE ALONG SAID EAST RIGHT-OF-
WAY LINE THE FOLLOWING NINE COURSES.
(1) SOUTH 00012'52"EAST, 14874 FEET; (2) THENCE ALONG A CURVE TO THE
LEFT HAVING A DELTA OF 19030'44", A RADIUS OF 57000 FEET AND AN ARC
OF 19412 FEET, (3) THENCE SOUTH 19043'36"EAST, 105.94 FEET, (4) THENCE
ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 19031'26", A RADIUS
OF 830.00 FEET AND AN ARC OF 28283 FEET, (5) THENCE SOUTH
00012'10"EAST, 23662 FEET, (6) THENCE ALONG A CURVE TO THE RIGHT
HAVING A DELTA OF 17039'50", A RADIUS OF 73000 FEET AND AN ARC OF
225.05 FEET, (7) THENCE SOUTH 17027'39"WEST, 16438 FEET, (8) THENCE
ALONG A CURVE TO THE LEFT HAVING A DELTA OF 17039'56", A RADIUS OF
670.00 FEET AND AN ARC OF 206.58 FEET; (9) THENCE SOUTH OQo12'10"EAST,
51.33 FEET TO THE NORTH LINE OF SAID SE ONE-QUARTER OF THE SE ONE-
QUARTER;
THENCE CONTINUING ALONG THE EAST RIGHT-OF-WAY LINE OF MILLER
STREET, BEING 30.00 FEET EAST OF THE WEST LINE OF SAID SE ONE-
QUARTER OF THE SE ONE-QUARTER, SOUTH 00013'02"EAST, 278 59 FEET TO
THE NORTHERLY CORNER OF SAID TRACT 3, THENCE ALONG THE
NORTHERLY BOUNDARY OF SAID TRACT 3, ALONG A CURVE TO THE LEFT
HAVING A DELTA OF 105054'04", A RADIUS OF 50.00 FEET AND AN ARC OF
92.42 FEET TO THE EASTERLY CORNER OF SAID TRACT 3, LOCATED ON THE
NORTHWESTERLY LINE OF THE PUBLIC SERVICE COMPANY EASEMENT, AS
DESCRIBED IN COLORADO STATE BOARD OF LAND COMMISSIONERS BOOK
10, R.O W NO. 1049 AND THE BOUNDARY OF SAID RIDGE HOME
ANNEXATION; THENCE ALONG SAID RIDGE HOME ANNEXATION
BOUNDARY THE FOLLOWING TWO COURSES.
(1) SOUTH 73052'54"WEST, 9743 FEET TO THE WEST LINE OF SAID SE ONE-
QUARTER OF THE SE ONE-QUARTER; (2) THENCE ALONG SAID WEST LINE
OF THE SE ONE-QUARTER OF THE SE ONE-QUARTER, NORTH 000 13'02"WEST,
353.22 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 3.56 ACRES, MORE OR LESS
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ITEM NO: ~ I
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
August 28, 2006
TITLE:
COUNCIL BILL NO. 18: AN ORDINANCE ANNEXING TO THE
CITY OF WHEAT RIDGE UNINCORPORATED TERRITORY
KNOWN AS PARCEL 8, ARVAD A RIDGE, LOCATED IN
JEFFERSON COUNTY.
o PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
[gJ ORDINANCES FOR I ST READING (August 28, 2006)
o ORDINANCES FOR 2ND READI!\G
Quasi-JudICIal: 0
di~
Community Development DIrector
[gJ
No
JAy.J1 City Manager
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EXECUTIVE SUMMARY:
Under the MuniCIpal AnnexatIOn Act, the annexation of property to a munIcipality must be
accomplished by ordmance. Adoptlon ofthe attached ordinance on first reading sets the publIc hearing
to consIder the annexatIOn of Lot 8, Arvada Ridge for whIch an annexation petltIOn was submItted to
the CIty on Apnl 28, 2006.
ThIS City Council actIOn IS related to Goal 2 of the Strategic Plan of plannmg for growth and
opportumties and Goal 3 for estabhshmg a strong partnershIp between the City and the community.
COMMISSIONIBOARD RECOMMENDATION:
None. Only CIty CouncIl acts upon annexatIOn petItIOns.
STATEMENT OF THE ISSUES:
Under the MuniCIpal Annexatlon Act, the City is reqmreu to .wne the property within 90 days of
adoptIOn ofthe annexatlon petition. The rezomng request and Outlme Development Plan will be acted
on the same night as the annexatIOn heanng so that thIS reqmrement will be met. CIty Council will
also deCIde upon a Final Development Plan and plat WIth a nght-of-way vacatIOn on the same mght.
Plannmg ComrmssIOn revIewed and recommended approval ofthe planrung documents (zone change
and Outlme Development Plan, Final Development Plan and plat) on July 20,2006
The decisIOn to annex a property ]S a legislative deClsion of CIty Council. The 1/6 cont]gUlty
reqmrement is met. The petJtioner represents more than 50% of the landowners owning more than
50% of the land proposed for annexation. The area]s surrounded by urban development and the area
]S capable of being integrated with the City. The area meets the annexation eligibility requirements
estabhshed in the Munic]pal Annexation Act.
ALTERNATIVES CONSIDERED:
The City Council has two options to consider with the ordmance'
1 Adopt a motIon to adopt the ordmance.
2. Adopt a motJon to table the ordmance indefirutely.
FINANCIAL IMPACT:
The annexatIOn ofthe property will create an immediate responsibihty ofthe CIty to provide police
protection. Given the small SIze ofthe property, thIS should not be a substantJal burden. The City will
receive property tax revenues generated by the improvements on the property. One-time fees for
annexation, zoning and the reVIew of other documents were submItted wIth the land use process
apphcation.
RECOMMENDED MOTIONS:
"I move to approve Council Bill No. 18 on first reading, order ]t published, public heanng set for
Monday, October 9, 2006 at 7'00 p.m. III CIty Council Chambers and that it take effect Immediately
upon adoption."
Report Prepared by: Mered]th Reckert (303-235-2848)
Rev]ewed by' Alan Wh]te
Attachments:
1. Council Bill No 18 WIth attachments
Request for City Council Action-report form
2
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 18-2006
Ordinance No.
Series of 2006
TITLE:
AN ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE
UNINCORPORATED TERRITORY KNOWN AS PARCEL 8,
ARV ADA RIDGE LOCATED IN JEFFERSON COUNTY
WHEREAS, pursuant to the laws of the State of Colorado there was presented to
the CIty Council of the CIty of Wheat Ridge, Colorado, a wntten petltlon for annexatlOn
to the City of Wheat RIdge that property described in attached Exhibit A, belllg
contIguous Ulllncorporated territory contlguous to the City and lying the County of
J efferson, State of Colorado (the property); and
WHEREAS, the Property IS further described on the Annexation Map attached
hereto as Exhibit B; and
WHEREAS, the PetltlOner constltutes more than fifty percent (50%) of the
owners, and owmng more than fifty percent 50% of the Property; and
WHEREAS, the City CouncIl has conducted a publIc heanng followlllg publIc
notlce as reqmred by law to determine the eligibihty for annexatlOn of the Property; and
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WHEREAS, the CIty Council has satisfied Itself concernlllg the eligibihty for
annexatlon ofthe Property, and concerning the conformance of the proposed annexation
to the applIcable law and the annexatlOn polley of the CIty; and
WHEREAS, the City Council hereby finds that the Property is ehgible for
annexatlon to the CIty and that the proposed annexatlOn conforms wIth apphcable law
and the annexation polley of the CIty.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO'
Section 1. The annexatlOn to the CIty of Wheat RIdge, Colorado, of that
Property described III attached Exhibit A, lYlllg in the County of Jefferson, State of
Colorado, meets all reqmrements oflaw and the annexation pohcy ofthe CIty of Wheat
RIdge, and the same is hereby approved and made effective.
Section 2. Zomng of the Property shall he accomplished wlthm the time
estabhshed by C .R.S 31-12-115 and the procedures estabhshed by the Home Rule
Charter and Code of Laws ofthe CIty of Wheat RIdge.
Section 3. ImmedIately upon completIOn of the fillllg reqmred by SectlOn 5
hereof, the annexatlOn shall be effectlve and the Property shall become subject to the
ATTACHMENT 1
1
laws of the State of Colorado pertaimng to cities and to the Charter and all ordmances,
resolutIOns, rules and regulations ofthe City of Wheat fudge.
Section 4. One copy of the Annexation Map, together wlth the onginal of tills
Ordmance, shall be filed in the office of the City Clerk.
Section 5. The City Clerk shall file for recording three certlfied coples OfthlS
Ordmance and the Annexation Map wlth the Clerk and Recorder ofthe County of
J efferson, State of Colorado
Section 6. This Ordinance shall become effectIve upon adoption on second
reading, as permitted by Section 5.11 of the Home Rule Charter
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to
_ on thlS _ day of , 2006, ordered publrshed in full in a newspaper of
general circulatlOn in the Clty of Wheat Ridge and Public Hearing and conslderation on
final passage set for ,2006, at 7:00 o'clock p.m., m the Council
Chambers, 7500 West 29th Avenue, Wheat fudge, 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
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JERRY DITULLIO, MAYOR
ATTEST'
Pamela Y. Anderson, Clty Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERAL DAHL, CITY ATTORNEY
1 st pubhcatlOn.
2nd pubhcation.
Wheat Rldge Transcript
EffectlVe Date'
2
EXHIBIT A
LEGAL DESCRIPTION
LOT 8, TRACT 3, AND MILLER STREET, AS PLATTED IN ARVADA RIDGE,
ACCORDING TO THE PLAT RECORDED AT RECEPTION NO. F2143596, AND
ANOTHER PORTION OF MILLER STREET, ALL OF WHICH IS LOCATED IN THE
EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE
6TH PRINCIPAL MERIDIAN, JEFFERSON COUNTY, COLORADO, BEING
DESCRIBED AS FOLLOWS
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 16, AND
CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION TO BEAR SOUTH 00012'10"EAST, WITH ALL BEARINGS CONTAINED
HEREIN, RELATIVE THERETO; THENCE SOUTH 44055'39"WEST, 1876.58 FEET
TO THE NORTHWEST CORNER OF THE SE ONE-QUARTER OF THE SE ONE-
QUARTER OF SAID SECTION 16, BEING ON THE BOUNDARY OF THE RIDGE
HOME ANNEXATION AND THE POINT OF BEGINNING OF THIS DESCRIPTION,
THENCE ALONG SAID RIDGE HOME ANNEXATION BOUNDARY THE
FOLLOWING TWO COURSES
(1) ALONG THE WEST LINE OF THE NE ONE-QUARTER OF THE SE ONE-
_ QUARTER OF SAID SECTION 16, NORTH 00012'10"WEST, 131766 FEET TO THE
SOUTHWEST CORNER OF THE SE ONE-QUARTER OF THE NE ONE-QUARTER
OF SAID SECTION 16, (2) THENCE ALONG THE WEST LINE OF SAID SE ONE-
QUARTER OF THE NE ONE-QUARTER, NORTH 00012'52"WEST, 260 14 FEET TO
THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN
RAILROAD (COLORADO & SOUTHERN), AS DESCRIBED IN COLORADO
STATE BOARD OF LAND COMMISSIONERS R.O.W. NO 1062,
THENCE DEPARTING SAID RIDGE HOME ANNEXATION BOUNDARY, ALONG
SAID SOUTHERLY RAILROAD RIGHT-OF-WAY LINE, NORTH 74040'27"EAST,
3108 FEET TO THE EAST RIGHT-OF-WAY LINE OF MILLER STREET AS
PLATTED IN SAID ARVADA RIDGE, THENCE ALONG SAID EAST RIGHT-OF-
WAY LINE THE FOLLOWING NINE COURSES
(1) SOUTH 00012'52"EAST, 14874 FEET, (2) THENCE ALONG A CURVE TO THE
LEFT HAVING A DELTA OF 19030'44", A RADTIJS OF 57000 FEET AND AN ARC
OF 194.12 FEET, (3) THENCE SOUTH 19043'36"EAST, 105.94 FEET, (4) THENCE
ALONG A CURVE TO THE RlGHT HAVING A DELTA OF 19031'26", A RADIUS
OF 83000 FEET AND AN ARC OF 28283 FEET, (5) THENCE SOUTH
Ooo12'10"EAST, 23662 FEET, (6) THENCE ALONG A CURVE TO THE RlGHT
HAVING A DELTA OF 17039'50", A RADTIJS OF 73000 FEET AND AN ARC OF
22505 FEET, (7) THENCE SOUTH 17027'39"WEST, 164.38 FEET, (8) THENCE
ALONG A CURVE TO THE LEFT HAVING A DELTA OF 17039'56", A RADTIJS OF
670.00 FEET AND AN ARC OF 206.58 FEET; (9) THENCE SOUTH 00012'10"EAST,
51.33 FEET TO THE NORTH LINE OF SAID SE ONE-QUARTER OF THE SE ONE-
QUARTER,
THENCE CONTINUING ALONG THE EAST RIGHT-OF-WAY LINE OF MILLER
STREET, BEING 30 00 FEET EAST OF THE WEST LINE OF SAID SE ONE-
QUARTER OF THE SE ONE-QUARTER, SOUTH 00013'02"EAST, 278.59 FEET TO
THE NORTHERLY CORNER OF SAID TRACT 3; THENCE ALONG THE
NORTHERLY BOUNDARY OF SAID TRACT 3, ALONG A CURVE TO THE LEFT
HAVING A DELTA OF 105054'04", A RADIUS OF 5000 FEET AND AN ARC OF
92.42 FEET TO THE EASTERLY CORNER OF SAID TRACT 3, LOCATED ON THE
NORTHWESTERLY LINE OF THE PUBLIC SERVICE COMPANY EASEMENT, AS
DESCRIBED IN COLORADO STATE BOARD OF LAND COMMISSIONERS BOOK
10, R.O.W NO 1049 AND THE BOUNDARY OF SAID RIDGE HOME
ANNEXATION, THENCE ALONG SAID RIDGE HOME ANNEXATION
BOUNDARY THE FOLLOWING TWO COURSES
(1) SOUTH 73052'54"WEST, 9743 FEET TO THE WEST LINE OF SAID SE ONE-
QUARTER OF THE SE ONE-QUARTER, (2) THENCE ALONG SAID WEST LINE
OF THE SE ONE-QUARTER OF THE SE ONE-QUARTER, NORTH 00013'02"WEST,
353.22 FEET TO THE POINT OF BEGINNING
THE ABOVE DESCRIBED PARCEL CONTAINS 3.56 ACRES, MORE OR LESS.
-
ITEM NO' ~,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE.
August 28, 2006
~c::
TITLE:
COUNCIL BILL NO. 21: AN ORDINANCE PROVIDING FOR
THE ESTABLISHMENT OF PLANNED INDUSTRIAL
DEVELOPMENT ZONING ON PROPERTY LOCATED EAST OF
10619 W. 50TH AVENUE (CASE NO. WZ-06-01)
D PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
~ ORDINANCES FOR 1ST READING
D ORDINANCES FOR 2ND READING
Quasi-JudIcIal: D
/(~ dk
~
No
Commumty Development DlIector
gepu+f CIty Manager
-
EXECUTIVE SUMMARY:
The applIcant, Coors Brewing Company, requests establIshment of Planned Industnal Development
zomng and approval of a PID Outlme Development Plan for property located east of 10619 W 50th
Avenue. This property IS under consIderatlOn for annexation to the CIty (Case No ANX -06-01) The
CIty of Wheat RIdge agreed to annex thIS property as part of an Intergovernmental Agreement wIth the
CIty of Arvada. Under the MumClpal AnnexatlOn Act, the property must be zoned wIthm 90 days of
the annexatlOn.
The Outlme Development Plan accompames the rezomng ordmance and sets allowable uses and
development standards. A Final Development Plan and plat wIth a street nght-of-way vacatlOn IS
bemg consIdered concurrently wIth the annexatlOn and zomng and WIll be heard at second readmg.
This CIty Council action IS related to Goal 2 of the Strategic Plan of plannmg for growth and
opportumtles and Goal 3 for establIshmg a strong partnership between the CIty and the community
COMMISSIONIBOARD RECOMMENDATION:
Plannmg CommisslOn revIewed thIS request at a publIc heanng held on July 20, 2006 A
recommendatlOn of approval was gIven for the followmg reasons
1 The proposed zomng IS compatible wIth eXIstmg development and zomng on the west SIde of
Miller Street.
2. The proposed zonmg and Outlme Development Plan will facilItate circulation and loadmg
improvements on the eXIstmg plant sIte.
3 All reqmrements for an Outlme Development Plan have been met.
4 The applIcatlOn meets the reqUlrements of Section 26-1l2D of the Code of Laws.
With the followmg condltlons.
1. CorrectlOns to the legal descnptlOn be made pnor to CIty Council.
Other than the applIcant, there was no one present to speak for or agamst the request.
The reqmred legal descnptlOn correctlOn was made.
STATEMENT OF THE ISSUES:
In 2005, as part ofthe Arvada RIdge development in the CIty of Arvada, Miller Street was relocated to
the east. The parcel of land between "old" and "new" Miller Street was purchased by Coors. The
intent of the zoning actlon wIll allow the assemblage of the new parcel with the eXIstmg glass plant
parcel to help cIrculation and delivery for the plant whIch prevlOusly occurred on Miller Street.
This actlOn will fulfill the commitment made to the CIty of Arvada m the IGA for the Arvada Ridge
development.
ALTERNATIVES CONSIDERED:
Do not approve the zone change. As recommended by the City Attorney, demal should occur only
at second readmg, as indefimtely tablmg the ordmance on first reading denies the applIcant due
process.
FINANCIAL IMPACT:
The City will receIve property tax revenues generated by the improvements on the property. One-
tlme fees for annexatlOn, zomng and the reVIew of other documents were submitted WIth the land
use process applIcatlOn.
RECOMMENDED MOTION:
"I move to approve Council BIll No 021-2006, Case No. WZ-06-01, a request for establIshment of
Planned IndustrIal Development zomng on property located east of 10619 W 50th Avenue ordered
publIshed, publIc heanng set for October 9,2006 "
Report Prepared by" MeredIth Reckert (303-235-2848)
RevIewed by" Alan WhIte
2
Attachments:
1 Council Bill No. 21-2006
2. Plannmg COlllillisslOn report wIthout exhibIts
Request for City Council Action-report form
-
3
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 21-2006
Ordinance No.
Series of 2006
TITLE:
AN ORDINANCE ESTABLISHING PLANNED INDUSTRIAL
DEVELOPMENT ZONING ON PROPERTY UNDER
CONSIDERATION FOR ANNEXATION LOCATED EAST OF
10619 W. 50TH AVENUE AND FOR APPROVAL OF AN OUTLINE
DEVELOPMENT PLAN (CASE NO. WZ-06-Ol)
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO THAT:
Section 1. Upon applIcation by Coors Brewing Company for establishment of
Planned Industnal Development zoning and for approval of an Outline Development Plan
for property located east of 10619 W. 50th Avenue and pursuant to the findmgs made
based on testImony and eVIdence presented at a public hearing before the Wheat Ridge
City Council, establIshment of Planned Industnal Development zorung and an Outline
Development Plan are approved for the followmg described land:
-
LOT 8 AND THE RIGHT-OF-WAY FOR MILLER STREET, AS PLATTED IN
ARV ADA RIDGE, ACCORDING TO THE RECORDED PLAT THEREOF,
LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH,
RANGE 69 WEST OF THE 6T P.M., COUNTY OF JEFFERSON, STATE OF
COLORADO.
Section 2. Vested Propertv RIghts. Approval of this zone change and Outlme
Development Plan does not create a vested property nght. Vested property nghts may
only anse and accrue pursuant to the provIsIOns of SectIOn 26-121 of the Code of Laws of
the CIty of Wheat RIdge.
Section 3. Safety Clause. The City of Wheat RIdge hereby finds, determmes,
and declares that this ordmance IS promulgated under the general pollee power of the CIty
of Wheat RIdge, that It IS promulgated for the health, safety, and welfare of the publIc
and that thIS ordmance IS necessary for the preservation of health and safety and for the
protection of publIc convemence and welfare. The CIty Council further determmes that
the ordmance bears a ratIOnal relation to the proper legIslatIve object sought to be
attained.
Section 4. SeverabIlity. If any clause, sentence, paragraph, or part OfthIS
Zorung Code or the applicatIOn thereof to any person or circumstances shall for any
reason be adjusted by a court of competent JurisdIctIOn invalId, such Judgment shall not
affect applicatIOn to other persons or circumstances.
ATTACHMENT 1
1
Section 5. Supersession Clause. If any provIsion, requirements or standard
establIshed by this Ordinance is found to conflIct wIth sImilar provisions, reqUIrements or
standards found elsewhere in the Code of Laws ofthe City of Wheat Ridge, whIch are In
eXIstence as ofthe date of adoption of this OrdInance, the provisions, requirements and
standards here shall supersede and prevail.
Section 6. EffectIve Date. This Ordinance shall take effect 15 days after final
publIcatIon.
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 Heanng and consideration
on final passage set for ,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, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERAL DAHL, CITY ATTORNEY
1 st publIcatIon.
2nd publication:
Wheat RIdge Transcnpt
EffectIve Date'
2
TO- Planning CommIssion
CASE MANAGER. M. Reckert
DATE OF MEETING July 20, 2006
CASE NOS. WZ-06-01, MS-06-05, WV-06-0l
ACTION REQUESTED- Estabhshment of zonmg, Outlme Development Plan, Final
Development Plan and Plat with a nght-of-way vacatIOn
LOCATION OF REQUEST 10619 W 50th Avenue and unaddressed property directly to the
east
APPLICANT/OWNER: Coors Brewmg Company
APPROXIMATE AREA. Zoning (2.55 acres), ODP (2874 acres), FDP (2874 acres), Plat
(28 82 acres)
PRESENT ZONING Planned Industnal Development and property located m
unmcorporated Jefferson County
COMPREHENSIVE PLAN Planned Busmess/Industrial Parks
ENTER INTO RECORD:
-
(X)
(X)
(X)
COMPREHENSIVE PLAN
ZONING ORDINANCE
SUBDIVISION REGULATIONS
(X)
(X)
CASE FILE & PACKET MATERIALS
DIGITAL PRESENT AnON
LocatIon Map
ZONE
rHANr.F.
ODP/
FDP/
PLAT
R-O- W
VACATION
Plannmg Commission
Case No WZ-06-01, :1-15-06-05, WV-06-(
ATTACHMENT 2
-
I. REQUEST
ThIS applIcatIon is a three-fold request for property located in and adjacent to the Coors
Glass Plant facilIty at 10619 W. 50th Avenue. Separate motIOns will be reqmred for each
component of the request. The specific requests are as follows'
1 EstablIshment of zoning on property located in umncorporated Jefferson County
and approval of an amended Outlme Development Plan for the eXlstmg Coors
Glass Plant facilIty and the umncorporated property.
2. Appro,,;:] of a Final Development Plan for the eXlstmg Coors Bottlmg Plant
facility and the unmcorporated property
3 Approval of a Final Plat for the eXlstmg Coors Glass Plant facilIty and the
umncorporated property with a nght-of-way vacatIOn for "old" Miller Street.
The mtent of these actIOns will allow the assemblage of the new parcel with the existing
facilIty parcel to enhance CIrculatIOn and delIvery for the plant which preVIOusly occurred
on Miller Street. There IS also a small buildmg expansion of around 1000 s.f. bemg
proVIded for by the amended development plans.
-
The property between old and new Miller Street IS currently m the process ofbemg
annexed mto the CIty of Wheat Ridge. Plannmg CommiSSIOn does not have JunsdlctIOn
to gIve a recommendatIOn on the ments of the annexatIOn but IS reqUIred to give
recommendation on the otller land use requests.
See applIcant's explanatIOn of the requests reJ<.hi15Wl. applicant letter).
II. CASE HISTORY
The Coors glass plant property was origmally brought mto the City when Wheat RIdge
was mcorporated m 1969 There were a series of amended development plan approvals
from 1977 through 2002, the most recent of which allowed for reconfiguratIon of the
entrance and parkmg area off W. 50th Avenue. (EJ<.hibit '2; existing development plan).
To the east IS property located m the City of Arvada developed as the "Arvada RIdge"
project, a regIOnal mixed-use development contmmng 56 acres. The development
Improvements mcluded the relocatIon and constructIon of new Miller Street and W 50th
Avenue extendmg from Klplmg to Miller The area located between old Miller and the
eastern Side of new Miller Street was disconnected from the City of Arvada m August of
2005. The property was platted as part ofthe Arvada RIdge' development approval and
Coors purchased the area disconnected by A.rvada. In an mtergovernmental agreement
With Arvada, Wheat RIdge agreed to annex thiS dIsconnected parcel and mcorporate It
mto the eXlstmg glass plant development.
III. NEIGHBORHOOD MEETING
Planning COnmllssion
Case No WZ-06-01, MS-06-05, WV-06-0IlCoors Bottling Plant
3
A meetmg for neighborhood mput was held on January 17,2006. (Ex1,llbit 3;
Ndighboi-!jood Meetmg Recapm1<l Exhibit 4; Attendance List).
IV. OUTLINE DEVELOPMENT PLAN
The Outline Development Plan typically accompanies a zone change request on a
property and set allowable uses and development standards. It IS typically generalm
nature and serves as a basic blueprint for development of the property. In thiS case, the
applIcant is requestmg Outlme Development Plan approval to mcorporate the new parcel
of land mto the eXlstmg glass plant development. (E:xliibit 5,PrqposedOutline
I:>~vt:loPlmmtI>1al.l)
Uses permitted m the planned development are glass manufactunng, warehousmg and
other ancillary uses to the manufacturing.
The outline development plan IS also used to establish design parameters includmg
maximum buildmg height, mmlmum landscaped coverage and minimum penmeter
setbacks as depicted m the table below
ODP
)
30'
5' or 30' when adjacent to r-o-w
15'
50'
50%
20%
Consistent with SectIOn 26-501
Consistent WIth SectIOn 26-503
Consistent With SectIOn 26-603
Consistent With VII of Chapter 26
~
The eXlstmg zomng and development code reqmres commercial properties to have 20%
landscaped coverage. ThiS ODP proposes no change to that standard. The buildmg
height maximum for new structures IS 50'. Setbacks reqmred are consIstent With
commercial zone districts m the zomng and development code. The ODP refers back to
the Code of Laws for all other standards such as fencmg, parkmg, and slgnage.
All reqUIrements for a Planned Commercial Development Outlme Development Plan
have been met.
ZONING EVALUATION CRITERIA
Planning Comrmssion
Case No WZ-06-01, MS-06-0S, WV-06-01/Coors Bottling Plant
4
Staff has the followmg comments regardmg the cntena used to evaluate establishment of
a zonmg dlstnct on the property:
1. That the existing zone classification currently recorded on the official zoning
maps of the City of Wheat Ridge is an error.
The officIal zonmg map IS not m error The parcells not shown wlthm the CIty lImit of
the CIty of Wheat RIdge Once all reqUIred actIons are completed, the zonmg maps WIll
have to be amended to reflect the new alIgnment for MIller Street, the zoning on the
property and the new CIty boundary.
2. That a change in character in the area has occurred due to installation of
public facilities, other zone changes, new growth trends, deterioration, or
development transitions, and that the evidence supports the finding of the following.
The general trend m thIS ImmedIate neIghborhood is towards more commerCIalizatIon of
propertIes. The properties to the north, west and south are eIther manufactunng facilItIes
or office/warehouse uses. While the Arvada Ridge dev(jopment to the east IS pnmarily
retail sales, office and restaurant uses, the portion ofthe structure whIch faces MIller
Street IS the delIvery area WIth numerous loading docks. The proposed zone change WIll
be compatible with development and growth trends m the immedIate area.
-
3. That the change of zone is in conformance, or will bring the property into
conformance, with the City of Wheat Ridge comprehensive plan goals, objectives
and policies, and other related policies, and other related policies or plans for the
area.
The ComprehensIve Plan was recently amended to mclude thIS area as part ofthe CIty'S
urban growth area. On the Future Land Use Map the property IS deSIgnated as Planned
Busmess/Industnal Parks. Planned Busmess/Industnal Parks IS defined as land located
north ofI-70 WIth easy access to the mterstate or other transportatIon modes. These
developments require shipping or delIvenes by semI-trucks and should be well planned.
DeSIrable uses mclude lIght manufacturing, assembly research and development facilItIes
and offices and supportmg uses. Staff concludes that the proposed zone dIStriCt of
Planned IndustnalDevelopment IS supported by the ComprehensIve Plan. (Exl1ibit6,
FututeiLahdUse Map) .
4. That the proposed change of zone is compatible with the surrounding area
and there will be minimal adverse impacts considering the benefits to be derived.
The property is surrounded on all SIdes by mdustnal, office/warehouse and commerCIal
uses. The expanded property boundanes of the Coors glass plant WIll be compatible wlth
the surroundmg development. Reconfigurahon of the eastern loadmg area of the glass
plant IS a much needed traffic safety Improvement.
Planmng Commission
Case No. WZ-06-01, MS-06-0S, WV-06-0l/Coors Bottling Plant
5
5. That there will be social, recreational, physical and/or economic benefits to
the community derived by the change of zone.
There wIll be physIcal benefits to the travelmg pubhc as clrculatlOn and loadmg on the
plant sIte will be Improved. The sIte IS bemg enhanced on the east SIde by a landscaped
buffer adjacent to new MIller Street.
6. That adequate infrastructure/facilities are available to serve the type of uses
allowed by the change of zone, or that the applicant will upgrade and provide such
where they do not exist or are under capacity.
All respondmg agenCIes have mdlcated that they can serve the property. Anyadd1tlOnal
upgrades to mfrastructure will be at the cost ofthe apphcant.
7. That the change of zone will not adversely affect public health, safety or
welfare by creating excessive traffic congestion, creating drainage problems, or
seriously reducing light and air to the adjacent properties.
The health, safety and welfare ofthe travelmg pubhc and employees and customers of the
glass plant and the Arvada RIdge development to the east will be pOSltlvely Impacted
with the new loading configuratlOn. There should be no Impact on drainage, or the
amount ofhght and aIr to adjacent property
8. That the change of zone will not create an isolated or spot zone district
unrelated to adjacent or nearby areas.
Spot zomng IS not a concern as the adjacent properties are zoned commercIal and
mdustnal. The zone change IS m conformance WIth the ComprehensIve Plan.
V. FINAL DEVELOPMENT PLAN
Attached IS a Final Development Plan which addresses both the loadmg area
reconfiguratlOn and a small addltlon to buildmg 25. Cgxl)ipif7,Proposecl.cgIrjal
Dl<yeI9pmetitPlan).
Page 3 of the planset best depIcts the modlficatlOn to buildmg 25. This addltlon IS
compnsed of 1092 square feet of floor area and IS shown as "Area I" at the southeast
comer of the structure Page 5 shows the elevations of the addItIOn whIch are consIstent
WIth the constructlOn style and matenals used on the eXlstmg plant buildmg.
Planning Commission
Case No. WZ-06-01, MS-06-05, WV-06-01/Coors Bottling Plant
6
-
The addItIOn of a portion of Lot 8 of Arvada RIdge mcreases the total lot area by 2.55
acres. The Improvements on Lot 8 are eXlstmg and functIOn as the maIn loadIng area for
the glass plant on the east sIde of the Miller Street warehouse. The Improvements are
compnsed of asphalt pavement, curbIng and landscapmg. To access the loadmg area,
vehIcular traffic moves north along Miller Street untIl Just past W 50th Avenue where the
street branches mto a "Y" configuratIon. Traffic eIther veers to the east to contmue north
on "new" Miller Street or turns left mto the new curb cut that transItIons mto "old" Miller
Street, now the loadIng area for the eastern warehouse Traffic eXltmg the loadmg area
must follow the same path out.
The loadmg area and "new" MIller are separated by a large landscaped Island. The
landscape plan for this new area is shown on page 6 of the planset. According to the
development agreement for Arvada R1dge, a total ofthe eqUIvalent of 104 mches of tree
calIper IS to be mamtained on this property ThIS would mc1ude the preservatIon of a
large willow tree on the south end of the "island" The landscape plan presented in the
planset meets Arvada's reqUIrements. However, a VIsual mspectlOn ofthe property has
revealed that much of the plant material has dIed and will have to be replaced. A
perimeter fence IS shown on the FDP but the archItectural materials are not speCIfied.
Staff concurs WIth the CIty of Arvada that any new fencmg should be of an upgraded
matenal (solId wood or wrought Iron) and has mc1uded thIS as a condItIOn of approval.
The followmg table compares the standards establIshed on the ODP and those proVIded
on the FDP.
Development standard Required by ODP Provided by FDP
Setbacks
Front: 30' ComplIes
Sides: 5' or 30' when adjacent to row
Rear: 15'
Building Height 50' Complies
(new structures on Iv)
Max. Buildin2 Covera2e 50% 37.75%
Landscaping 20% 3789%
Parkin1! ConsIstent WIth Sec 26-501 ComplIes
Li1!htin1! ConsIstent WIth Sec 26-503 ComplIes
Fencin1! ConsIstent WIth Sec. 26-603 ComplIes
Signage ConsIstent WIth ArtIcle VII of ComplIes
Chapter 26
Staff concludes that the proposed Final Development Plan complies WIth all mllllmum
standards of the proposed OutlIne Development Plan. All reqUIrements for a Planned
lndustnal Development Fmal Development Plan have been met.
Planning Conunission
Case No. WZ 06-01, MS-06-05, WV-06-01lCoors Bottling Plant
7
VI. FINAL PLAT
The applIcant is requesting approval of a Final Plat whIch consolIdates the existmg
bottlmg plant sIte with Lot 8 of the Arvada RIdge development and vacates the "old"
Miller Street nght-of-way whIch IS 30' m width. Pursuant to SectIOn 26-118 ofthe
zomng and development code, nght-of-way vacatIOns can occur by plat document
wIthout the need for a separate vacation ordmance.
An addItional tract has been created, the ownership of whIch will be transferred to the
property owner to the north. This unbuildable tract IS contiguous to the Esco parcel and
has been mcorporated mto theIr entrance dnve/parkmg area. (EJ{'hibit 8, Ftnal Plat).
The plat establIshes typIcal utilIty easements around the perimeter. There are numerous
utilIty lInes located m "old" Miller Street. A blanket utilIty easement WIll be reqmred for
mamtenance of these facilIties.
New Miller Street was prevIously dedIcated to the City of Wheat RIdge by separate
document.
PublIc Works has revIewed the most recent verSIOn ofthe plat document and IS requmng
changes to the technIcal content .of the document mcludmg easement IdentificatIOn and
legal descnptIon work. These correctIOns must occur pnor to the CIty CouncIl publIc
heanng.
All other regulatIOns and standards of ArtIcle IV of the Code of Laws have been met.
RIGHT-OF-WAY VACATION CRITERIA
Before a street nght-of-way vacatIOn IS approved, the followmg findmgs of fact must be
made:
1. That the proposed vacation will not leave any adjoining land without access to
an established public right-of-way.
Access to the propertIes Impacted by the vacatIOn IS not compromIsed as new Miller
Street has been bmlt and dedIcated to the CIty of Wheat RIdge. Both Impacted propertIes
(Coors Bottlmg plan and Esco) have access to new Miller Street WIth connectIOn
Improvements already completed.
2. That the proposed vacation is in conformity with the most recently enacted
goals and policies of the transportation section of the current comprehensive
plan of the City of Wheat Ridge.
Planning Commission
Case No WZ-06-01, MS-06-05, WV-06-01/Coors Bottling Plant
8
As part of the Arvada RIdge Development, 50th Avenue was constructed from KIplmg
west where It transitIOns mto Miller Street to the south. The connection with Miller
contmumg south will provide a contmuous route for frontage road traffic between Ward
and KIplmg. Miller IS a collector and has been realIgned to the east to proVIde additlOnal
room for truck maneuvenng for the glass plant. These movements preVIOusly occurred m
the Miller Street right-of-way VacatIon of the old Miller Street r-o-w does not
negatIvely impact the goals of the Comprehensive Plan.
3. That the proposed vacation will not have a negative impact on the
infrastructure of the City of Wheat Ridge.
All eXlstmg utihty hnes will rem am m the area bemg vacated as right-of-way.
4. That adequate easements have been reserved for use and/or maintenance by
the city or other utility agencies.
Adequate easements will be reserved for eXIsting utilitIes if the staffrecommended
conditIOn is mc1uded m the motIon for approval.
VII. AGENCY REFERRALS
All eXlstmg agencies and utlhty compames are currently servmg the property Any
reqUIred upgrades will be at the expense of the property owner
-
Ditch Companies: The affected dItch compames have reviewed changes to the proposed
documents relative to the current ditch configuratIOns. The applicant must continue
workmg With them to resolve any Issues.
Xcel Energy: Has mdlcated no problems With the zonmg, development plans or plat.
Any facihty relocatIOns would need new easements. Their standard language has been
mcluded on page one of the plat document.
Valley Water District: Currently has a looped water mam located m W 50th Avenue
and "old" Miller Street. A 30' Wide easement will be reqUIred for the lme m vacated
Miller Street.
Public Works Department: Has reviewed and approved the ODP and FDP documents.
The Final Plat needs content and technIcal correctIons which must occur pnor to City
Council public heanng.
City of Arvada: The FDP approved by Arvada for Arvada RIdge mcluded a tree
preservatIOn and replacement plan for Lot R The reqUIrement was reflected In the
recorded development agreement for the Arvada Ridge SubdIviSIOn. Any fencmg
adjacent to new Mil1er should be of an upgraded vanety such as sohd wood or decoratIve
wrought Hon.
Planmng Commission
Case No WZ 06-01, MS-06-0S, WV-06-0l/Coors Bottling Plant
9
Jefferson County: The proposal is consistent wIth the North Plains Commumty Plan.
VIII. STAFF CONCLUSION AND RECOMMENDATION
ZONING AND OUTLINE DEVELOPMENT PLAN
The proposed zonmg on the property IS consIstent WIth zomng and land uses m the area
and wIth the desIgnatIOn on the addendum to the ComprehensIve Plan. There will be a
publIc benefit denved from the reconfiguratlOn to the glass plant loadmg area. Because
all reqUIrements for a Planned Industrial Development Outlme Development Plan have
been met, a recommendatIOn of approval IS gIven for the zonmg and Outline
Development Plan document.
FINAL DEVELOPMENT PLAN
The proposed improvements to the bottlmg plant WIll have posItIve Impact on sIte
effiCIency and vehIcular safety m the area. The FDP IS consIstent WIth the standards
establIshed m the ODP and all reqUIrements for a Final Development Plan have been met.
Therefore, a recommendatIOn of approval WIth condItIOns IS gIven as outlined in the
recommended motIon.
FINAL PLAT
A Final Plat IS reqUIred to consolIdate the eXlstmg Coors Glass plant parcel WIth the area
obtamed from the Arvada RIdge development. Old MIller IS no longer needed for publIc
cIrculatIOn purposes. Because the vacatIOn cntena are supportIve of the request, a
recommendatIon of approval WIth condItIOns IS gIven as outlmed m the recommended
motIon.
-
IX. RECOMMENDED MOTIONS
There are three requests, and each will require a separate motion.
ESTABLISHMENT OF ZONING AND OUTLINE DEVELOPMENT PLAN
OptIon A.
"1 move to recommend APPROVAL of Case No. WZ-06-0 1, a request for establIshment
of Planned Industnal Development zomng on property located to the east of 10619 W.
50th Avenue and for approval of an Outlme Development Plan for the Coors Glass Plant
for the followmg reasons:
The proposed zomng IS compatible WIth eXlstmg development and zonmg on the
west SIde of Miller Street.
2. The proposed zomng and Outlme Development Plan WIll faCIlItate cIrculatIOn
and loadmg Improvements on the eXIstmg plant SIte.
3 All reqmrements for an Outlme Development Plan have been met.
Planning Commission
Case No WZ-06-01, MS-06-05, WV-06-01/Coors Bottling Plant
10
4. The applicatIon meets the reqmrements of Section 26-112 D of the Code of Laws.
With the followmg condltlOn:
1. CorrectIons to the legal descnptlOn be made pnor to CIty Council."
OptlOn B:
"I move to recommend DENIAL of Case No. WZ-06-0l, a request for establIshment of
Planned Industrial Development zonmg on property located to the east of 10619 W 50th
Avenue and for approval an Outlme Development Plan for the Coors Bottlmg Plant for
the followmg reasons
1
2.
3."
FINAL DEVELOPMENT PLAN
OptIon A.
"I move to recommend APPROVAL of Case No WZ-06-0l, a request for approval of a
Planned Industnal Development Final Development Plan on property located at 10619
W. 50th Avenue for the followmg reasons:
1.
The proposed Improvements to the bottlmg plant wIll Improve ClrculatlOn and sIte
effiCIency
The proposed Improvements will have a posItIve Impact on vehicular safety m the
area.
The proposed Final Development Plan IS consistent WIth the underlymg Outlme
Development Plan.
All reqmrements for a Fmal Development Plan have been met.
-
2.
3.
4
With the followmg condltlOns
1 Plant matenal on Lot 8 whIch has dIed be replaced pnor to document recordmg.
2. ArchItectural matenals for the proposed perimeter fence should be wood or
wrought Iron.
3 CorrectlOns to the legal descnptlOn be made pnor to CIty CouncIl."
OptlOn B
"I move to recommend DENIAL of Case No WZ-06-0l, a request for approval of a
Planned Industnal Development Fmal Development Plan on property located at 10619
W 50th Avenue for the followmg reasons:
1
2.
3 "
Planning Commission
Case No WZ-06-01, MS-06-05, WV-06-0IlCoors Bottling Plant
11
FINAL PLAT
OptIOn A.
"I move to recommend APPROVAL of Case No MS-06-05, a request for approval of a
Final Plat on property located at 10619 W 50th Avenue with a nght-of-way vacatIOn for
the following reasons.
1. The nght-of-way IS no longer needed for public street purposes.
2. The evaluatIOn cntena for right-of-way vacatlOns support approval of the request.
With the following condItIOns.
1. A blanket utilrty easement be provided across the vacated Miller Street nght-of-
way
2. All technical reqUIrements and correctlOns to the plat document be made pnor to
CIty CouncIl."
OptlOn B
"I move to recommend DENIAL of Case No MS-06-05, a request for approval of a Final
Plat on property located at 10619 W 50th Avenue With a nght-of-way vacatlOn for the
followmg reasons
1
2
3 "
-
Planning Commission
Case No. WZ-06-0l, MS-06-05, WV-06-0l/Coors Bottling Plant
12
City of Wheat Ridge
In this space there is a large scale map that could not be scanned at
this time. Please see the City of Wheat Ridge Clerks office if you
would like to see the map. Thank You.
ITEM NO' S- ,
REQUEST FOR CITY COUNCIL ACTION
~ '~$~l
Cc, :~. Ii~ un. I
_ ,E-=-J
COUNCIL MEETING DATE:
August 28, 2006
TITLE:
WHEAT RIDGE FOUNDATION BOARD OF DIRECTORS
APPOINTMENT
D PUBLIC HEARING
I:8J BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR I ST READING (Date' _)
D ORDINANCES FOR 2ND READING
Quasi-JudIcial.
D
Yes
I:8J
No
~A... ~ ~ 'f'&-:, .~ ./
City Clerk ~ ' J)0'i City Manager
-
EXECUTIVE SUMMARY:
There are currently eight members on the Wheat Ridge Foundation. Curtis J. Gilmore has submitted
an applicatIon to fill a vacancy on the Wheat Ridge FoundatIOn Board of DIrectors.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
There is currently a vacancy on the Wheat Ridge Foundation.
AL TERNA TIVES CONSIDERED:
Not appoint applicant to fill a vacancy on the Wheat Ridge Foundation Board of Directors.
FINANCIAL IMPACT:
N/A
RECOMMENDED MOTION:
"I move to appoint Curtis J GIlmore, to the Wheat Ridge Foundation Board of Directors, term to
expire March 2, 2007 "
or,
"I move to deny the appomtment to the Wheat Ridge FoundatIOn Board of Directors for the following
reason(s) "
Attachments:
1. Curtis J. Gilmore Board and Commission Application
060828 Foundation Appointment.doc
-
Wheat Ridge Foundation
"working for our community's futur
r'- "
! iJlstributed~ Council: 2?
Date:? /0& Mayor: (
City Clerk: I City Mgr: /
City T rea: City Atty: J
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Name
Board Member Application
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Phone:
9'-165 W,
"60:>, ?/22. C, q77
Address
Are you available for monthly Board meetings that occur on week days generally from
g'OO am - 10:00 am? 'j eo
Why are you interested in this position?
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What ideas or skills will you bring to the position?
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Are you currently involved with any other boards, committees, or other organizations?
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Date
ATTACHMENT 1
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Patrick Goff
From:
Patrick Goff
Friday, August 25,20065'05 PM
Mary Cavarra; 'Dean Gokey (E-mail) (E-mail)'; 'jerryditullio@comcastnet'; 'Karen Adams (E-
mail) (E-mail)'; 'Karen Berry (E-mail) (E-mail)'; 'Larry Schulz (E-mail) (E-mail)'; 'Mike Stites (E-
mail) (E-mail)'; Pam Anderson; 't.womble@comcast.net'; 'Wanda Sang (E-mail)
(sangjw@netzero.net)'
Cc: Randy Young; Tim Paranto. Alan White, 'Tim Leonard'; Gerald Dahl
Subject: 40th Underpass/Cabela's Project
Attachments: 40th MOU 8-25-6 draft. doc
Sent:
To:
Mayor and Council,
CDOT has agreed to bundle the 40th underpass with the 1-70/Hwy 58 improvements to bid and construct the
project as one. The 1-70/Hwy 58 improvements will be paid for by CDOT The Longs Peak Metropolitan District
will eventually pay for the construction of 40th underpass. An amendment to the development agreement with the
District will include language to require the District to reimburse the City once bonds are issued However, to
include the 40th underpass project with the 1-70/Hwy 58 improvements, the City must commit to pay for the
construction of 40th underpass now before the District actually issues the bonds which will pay for the Cabela's
project.
The total cost of the 40th underpass project has increased from the original estimate of $5.2 million to $7 3 million.
The increase is due to a change in scope of the project and the increase in construction costs over the last year
At the August 14th City Council meeting, a motion was approved to allow the City to apply for a $3 0 million loan
from the Colorado State Infrastructure Bank to help secure financing for this project. In addition, the City would
commit an additional $2.2 million from the CIP budget. Now that the project has increased by $2.1 million, the City
needs to commit this additional amount to allow this project to stay on schedule. Additional funding from the CIP
and General Fund budgets is available to secure the full amount of financing needed for this project.
The intent is to secure the $7 3 million in financing so CDOT can move forward with this project and complete the
improvements in a timely manner Once the bonds are issued by the District to pay for the Cabela's project, the
City will be reimbursed for this expense
Attached is an amended Memorandum of Understanding between CDOT and the City which staff will be bringing
forward Monday night for approval.
Please call if you have any questions.
Thanks
Patrick
Deputy City Manager
City of Wheat Ridge
7500 W. 29th Ave.
Wheat Ridge. CO 80033
303-235-2805
303-234-5924 (fax)
8/25/2006
MEMORANDUM OF UNDERSTANDING
DRAFT DRAFT
THIS MEMORANDUM OF UNDERSTANDING is entered into as of the
day of , 2006 by and between the Colorado Department of
Transportation ("COOT") and the City of Wheat Ridge, Colorado ("Wheat Ridge"),
together referred to herein as the "Parties"
RECITALS
A. COOT is in the process of preparing for bid in anticipation of construction
of the "1-70/SH 58 Ramp Construction Project," scheduled to commence in 2006
B Wheat Ridge, in cooperation with a private developer of property west of
Interstate 70 and primarily south of Colorado Highway 58, is arranging for construction
of a vehicular underpass under 1-70 at approximately 40th Avenue
C The Parties wish to enter into this Memorandum of Understanding in
anticipation of a formal Intergovernmental Agreement to provide for the construction by
COOT of the 40th Avenue underpass as a part of the 1-70/Highway 58 Ramp
Construction Project, in return for reimbursement of the cost thereof by the City
In recognition of the foregoing, the Parties agree as follows.
1 COOT agrees to include all costs of the construction, construction
inspection and testing of the 40th Avenue underpass as defined in the 1-70/32nd Avenue
Interchange System Level Feasibility Study dated August 2005, as a part of COOT's
construction of the 1-70/Highway 58 Ramp Construction Project.
2. On or before September 15, 2006, COOT will provide to Wheat Ridge an
anticipated construction sequence for the completion of the 40th Avenue underpass at a
mutually agreeable date
3 The total cost to Wheat Ridge of the construction of the 40th Avenue
underpass shall be 7.28 million dollars ($7,280,000)
4 On or before , 2006, and prior to the execution of the
Intergovernmental Agreement referenced at recital C above, Wheat Ridge will apply for
a loan from the State of Colorado under the State Infrastructure Bank program, in the
amount of 3 million dollars ($3,000,000) When those loan proceeds are received,
Wheat Ridge will immediately transfer the same to COOT Wheat Ridge will pay to
COOT the remaining 4.28 million dollars ($4,280,000) prior to January 31, 2007
5 The Parties agree to execute a mutually acceptable intergovernmental
agreement (IGA) embodying the terms of this Memorandum of Understanding The IGA
will include standard terms and conditions typically used in COOT IGAs
6 COOT will draft the IGA and the Parties will work cooperatively in the
execution of the agreement, which will embody the principles of the Memorandum of
Understanding
IN WITNESS WHEREOF, the Parties have executed this Memorandum of
Understanding as of the date and year first set forth above
CITY OF WHEAT RIDGE
Jerry DiTullio, Mayor
ATTEST
Pamela Anderson, City Clerk
COLORADO DEPARTMENT OF
TRANSPORTATION
By'
,Region 6
Item 6: Memorandum of Understanding between the Colorado
Department of TransportatlOn (CDOT) and the City of Wheat Ridge.
Recommended MotIon:
"I move to approve a memorandum of understanding
between the Colorado Department of Transportation
and the City of Wheat Ridge in a form acceptable to
the City Attorney, and conditioned upon receipt by
the City, on or before September 1, 200~ of a written
commitment from Cabela's Inc., that it shall provide
to the City, prior to January 31, 2007 bindi
vidence of security for the City's funding of $7.3
million for construction of the 40th Avenue
underpass, all in connection with the proposed
abela's retail store to be located with the City"
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CITY OF WHEAT RIDGE, COLORADO
August 28. 2006
Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Councilmembers
present: Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz,
Mike Stites, and Terry Womble. Also present: City Clerk, Pamela Anderson, City Manager,
Randy Young, City Attorney, Gerald Dahl; Director of Community Development, Alan White;
Director of Public Works, Tim Paranto, staff; and interested citizens
APPROVAL OF MINUTES OF August 14. 2006
Motion by
carried
for approval of the Minutes of August 14, 2006; seconded by
with Ms. Berry abstaining.
CITIZENS' RIGHT TO SPEAK
APPROVAL OF AGENDA
\'\ohO'A ib ~&d flIIt. Cl~ etA to
NMA ~ u or
Item 1.
CONSENT AGENDA:
A. Renewal of Award RFP-04-38 Forestry Maintenance Services to
various firms in the total amount of $26,207 00
B Award ITB-06-50 Randall Park Irrigation Project to Colorado
Designscapes, Inc. in the total amount of $59,761.90.
C Award RFP-06-24 Copier Machine Rentals to IKON Office Solutions,
Inc. in the total amount of $65,000.
D Approval of the Settlement Agreement addressing issues raised by the
Local Government Intervenors in the Public Service Company Quality
of Service Application before the Colorado Public Utilities Commission.
E. RESOLUTION 41-2006 - APPROVING AN INTERGOVERNMENTAL
AGREEMENT (IGA) WITH THE METRO WASTEWATER
RECLAMATION DISTRICT FOR THE RELOCATION OF
WASTEWATER FACILITIES AT YOUNGFIELD STREET AND 40TH
A VENUE.
Consent Agenda was introduced and read by
Motion by
carried
for approval of the Consent Agenda; seconded by
CITY COUNCIL MINUTES August 28,2006
Page -2-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
COUNCIL BILL 19-2006 - AN ORDINANCE AMENDING SECTION 26-
623 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING
EXCAVATION AND DEPOSIT CONTROL.
Mayor DiTullio opened the public hearing.
Council Bill 19-2006 was introduced on second reading by Mr Gokey. City Clerk
Pamela Anderson assigned Ordinance No 1369.
Mayor DiTullio closed the public hearing.
Motion by Mr Gokey to approve Council Bill 19-2006 (Ordinance No. 1369) on second
reading and that it take effect 15 days after final publication, seconded by
carried
Item 3.
COUNCIL BILL 20-2006 - AN ORDINANCE AMENDING SECTIONS 26-
204 AND 26-613 OF THE CODE OF LAWS TO INCLUDE MASSAGE
THERAPY
Mayor DiTullio opened the public hearing
Council Bill 20-2006 was introduced on second reading by Mr Gokey City Clerk
Pamela Anderson assigned Ordinance No 1370.
Mayor DiTullio closed the public hearing.
Motion by Mr. Gokey to approve Council Bill 20-2006 (Ordinance No 1370) on second
reading and that it take effect 15 days after final publication; seconded by
carried
ORDINANCES ON FIRST READING
Item 4.
Rocky Mountain Bottling
a RESOLUTION 40-2006 - FINDING A PETITION FOR ANNEXATION
OF A PARCEL OF LAND LOCATED IN SECTIONS 15 AND 16,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO
BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1),
COLORADO REVISED STATUTES AND SETTING A HEARING
DATE TO CONSIDER THE ANNEXATION
Resolution 40-2006 was introduced by
Motion by
Carried
to adopt Resolution 40-2006; seconded by
CITY COUNCIL MINUTES: August 28, 2006
Page -3-
b COUNCIL BILL 18-2006 - AN ORDINANCE ANNEXING TO THE
CITY OF WHAT RIDGE UNINCORPORATED TERRITORY KNOWN
AS PARCEL 8, ARVADA RIDGE, LOCATED IN JEFFERSON
COUNTY
Council Bill 18-2006 was introduced on first reading by
Motion by to approve Council Bill 18-2006 on first reading,
order it published, public hearing set for Monday, October 9, 2006 at 7'00 p.m in the
City Council Chambers, and that it take effect immediately upon adoption, seconded by
carried
c. COUNCIL BILL 21-2006 - AN ORDINANCE ESTABLISHING
PLANNED INDUSTRIAL DEVELOPMENT ZONING ON PROPERTY
UNDER CONSIDERATION FOR ANNEXATION LOCATED EAST OF
10619 WEST 50TH AVENUE AND FOR APPROVAL OF AN OUTLINE
DEVELOPMENT PLAN
(Case No WZ-06-01)
Council Bill 21-2006 was introduced on first reading by
Motion by to approve Council Bill 21-2006 on first reading,
order it published, public hearing set for Monday, October 9, 2006 at 7:00 p m in the
City Council Chambers, and that it take effect 15 days after final publication; seconded
~ ~~~
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 5.
Wheat Ridge Foundation Board of Directors Appointment.
Motion by to appoint Curtis J. Gilmore to the Wheat Ridge Foundation
Board of Directors; term to expire March 2, 2007; seconded by carried
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
CITY COUNCIL MINUTES. August 28, 2006
Page -4-
ELECTED OFFICIALS' MATTERS
Meeting adjourned at p.m
Pamela Y Anderson, City Clerk
APPROVED BY CITY COUNCIL ON SEPTEMBER 11, BY A VOTE OF to
Mike Stites, Council President
The preceding Minutes were prepared according to ~47 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.