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HomeMy WebLinkAbout08/28/2006 '. f ~ fl ~{i (9'l'-) 6:30 p.rn, Pre-Meeting ~\ ~ '='n~~\ 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 ~~~ rrDm~ ~ ~ lr lIIlIOO lIl5?I 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 .t'::"$~' ru 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 $26,207 00 and 2007 for the amount approved in that years budget." or, "I move to deny award of RFP-04-38 Forestry Maintenance Services for the followmg reason(s) Report Prepared by' Reviewed by: Rick Murray, Parks, Forestry and Open Space Manager Lmda Tnmble, Purchasmg Agent - Attachments: I None ITEM NO: ~ I REQUEST FOR CITY COUNCIL ACTION t""$~' I fillJu ! 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. 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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. o Yes I [g] 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 $65,000.000" or, "I move to deny authorization for the City of Wheat Ridge to award RFP-06-24 Copier Machme Rentals to IKON Office Solutions, Inc. for the following reason(s) " Report Prepared by' Reviewed by' Michael Steinke, IT Manager Linda Trimble, Purchasing Agent Patrick Goff, Deputy City Manager Attachments: 1 Copy Replacement Only Worksheet 2. Copy Replacement 25% HP Print Worksheet 3 Bid Tabulation Sheet - - I I I "1 I >. c o I ! 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W -' :::.c: :::.c: ex: w u 0:: -'''' ~ X lYW UJ ~ 0 0 0 w ww n.. > -' f- a 0 (/) 0 W Q.(/) LL <( <( ATTACHMENT 3 ITEMNO ~I REQUEST FOR CITY COUNCIL ACTION r$~' ru 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' o 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 - 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 - 2 - 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 - 4 - 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 - 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, - 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. - 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 - 10 - 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 - 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 13 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: - 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. - 17 CITY AND COUNTY OF BROOMFIELD By~ Print Name. Title: Address. ATTEST. By. Print Name: Title: Date. - 18 CIlY OF BRUSH! By' Print Name. Title: Address. ATTEST: By: Print Name: Title Date. - 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: - 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: - 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: - 25 CITY OF LOUISVILLE By Print Name' Title' Address. ATTEST By: Print Name: Title Date: - 26 TOWN OF NEDERLAND By Print Name: Title: Address: ATTEST By' Print Name Title: Date: - 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 - 31 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 - 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 - 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." - 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; - 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 - 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. - 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. - 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 - anager B 8 ~I 'I ( ,. I, {' 0 1 a: -1 , I ' , '.I \ 1 , I 0 \ '.I c:J rrt J 0 w-, II OJ ~ , PROPOSED 3~' r PROl'OSmcRA-JEL I ," ~, ,-,-. d "I '" a: - ~ .~ l ~" it! In ,< ,. o go w ::< \' :s\ >- ' al! 40 AVE: UNO~RPASS - +' PROP I V) II; \ t. '1 , J I ~__.i- I I , ~ I ~ 4- -r -- \ -< o c ~ " p o (/) ~ fTl -i I ! r . w : I, I i RO$ (9)' ~T (21 , ' It'. : I *&.ti(l)lJ~L FL ME) ~" EO \ '-7 'I . ~O..;' -, Y , ,-r I I .! I II I 'd I I I I' N , EX T.24" 55-PLEASANT VI W 237 Lf-42" STL. CASlNC 1_) : h I, I City of Wheat Ridge 50 I scole 7500 West 29th Avenue Wheo\ Ridge. Colorado 80033 Phon.: ~D,-2,5-2861 Meurer METRO WASTEWATER RECLAMATION DISTRICT CITY OF WHEAT RIDGE 6. ASSOCIATES 143 ljrllQnSClUle.....ard S~136Q() U!k.9.o,oo(l, co 80226 303 960 3636 Tll- J03 985:l8(.Q f<V- DRAWING NO IGA EXHIBiT A [lATe 5/05 PAGE 1 e,F 1 o 1'~50' 100 50 I feet 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 - 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 - 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 - 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. - 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' Metro Dlstoct r .:;::- ooll "'0 I 1"1', :l () r r '" ,. 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Oil-Mh ...w.ICI.IaJl ... d!7 .... . ~ . ~/)'; ;:'-;' "'_1 J"'~ 1'-cIiduJe ANSI 1_ R' PUMPlOENGINERPM ; , t t I " .,,- ,. ! i ( , f r I I ~ , , Pumn IU'M EIl';-- UM 1.100......... ..........1.7. 1.000........... ...._... 1,jIG 901............. ......_1..2$ 100..,........... .......,..I"us 700.. ............ ......:_1.1" RAIN FOR RENT PO Bell 22<41 . .......w. CA 93ioJ-22.q 18001742-1246' (66\)399-9124 .FAX(661)393-1~42 ~ _w.niJllbrre...com 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 Rev 02114/1 Page 2 of5 300 [g] 301 [g] 302 [g] 303 ~ 304 400 0 401 0 402 0 403 [8J 404 500 [8J 501 rzJ 502 0 503 IJ 504 (gJ 505 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 Rev 02114/1 C:\General PennitsIPermlt Terms FIIe12006\06-OO98doc Page 3 of 5 o 506 ~ 507 o 508 o 509 ~ 510 ~ 511 ~ 512 ~ 513 ~ 514 ~ 515 ~ 516 600 D 601 D 602 ~ 603 D 604 D 605 D 606 ~ 607 ~ 608 700 D 701 D 702 D 703 ~ 704 0 705 800 0 802 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' C:\General permitsIPennit Terms FileI2006\06-OO98doc Page 4 of 5 [ZJ 803 900 D 901 D 902 D 903 D 904 1000 [SJ 1001 ~ 1002 [SJ 1003 [SJ 1004 - D 1005 0 1006 0 1007 0 1008 0 1009 "'- '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/' C:\Generu Permits'J>ermit Terms File\2006\06-D09Sdoc 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 - QuasI-JudIcIal. 0 it y" ~ w) ~ 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 - 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: - 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) - {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~~"" ) )ss ) - 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 , .. ,.:.. City Boundary . . _ Proposed annexation area Lot 8 Arvada Ridge Annexation - (j) - (j) OJ C C. SZ ..... CD :2: \N . '60\'\1 p..\je. W. 49th Av I 70 Frontage Rd N 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 - 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 - 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 - 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 - 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 - 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 c'" Oepl Heads: , I ffh .Jf/j 1/'> ,J.U II , j , t: " ~- ~ _,__~ __~ c.. _._~._~_.. ....... Name Board Member Application Cu."'\\"5 ~, C~l ~."()(I..<~ rtl Ii -7 3, 7 r~ I.l e..- (1) ~ ~'7-\ Q \.A~ '<. ~6. "t,6b ~3 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? ---CD"~'c c~-l -.b (VI \ \r~( 0 V\r-.~ -<-. \- <.~ w ~-=-_\: 1:<.., ~,.'~_ ''7_ ~ '1-"- ~~~ c:; d~u\J=- \.1..<:; "'" e:,..-", '-'~'( '<7 ~ eJ.,.r' - What ideas or skills will you bring to the position? ~~\J au rc,,-~ l;\2-''L~c:.. A ~ <",t,('l<:::;;..~ Are you currently involved with any other boards, committees, or other organizations? ~~ ~ 8vzwJ d. ()\ \. U\ c.... ,'" Ii# '<-- G-{\('2~ <d lel- -P\2.'-CI'C',\.~ Qov'Y\\(\\.{+~,<: ~ / ~/.iJc; Date ATTACHMENT 1 ..-.. l:f Vwt Co Page 1 of 1 AMd ~~ ~~ 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" \I'J~~ (lALCl nu,f -r ,{ ~ r ~ 1) (A U )" "f 001 tY flv l{J~ A~ ~~f mmJDmL~ 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.