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HomeMy WebLinkAbout09/25/2006 6:30 p.m. SPECIAL STUDY SESSION Item 1. Discussion regarding Cabela's Project Environmental Assessment funding 1 I I I I I I I I I I j 1 I I I I I I I I I I I I I 1 I 1 I I I I I I I I I ;\t~'{J~~\ CITY COUNCIL MEETING CllY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING September 25. 2006 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS - APPROVAL OF MINUTES OF September 11, 2006 PROCLAMATIONS AND CEREMONIES Physical Therapy Month - October 2006 Family Tree's 30th Anniversary 1976-2006 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 - CITY COUNCIL AGENDA. September 25, 2006 Page -2- ORDINANCES ON FIRST READING Item 1. Item 2. COUNCIL BILL 25-2006 - AN ORDINANCE AMENDING THE CODE OF LAWS TO CHANGE REFERENCES TO "ANIMAL-PARKS CODE ENFORCEMENT OFFICER" OR "APCO OFFICER" TO READ "COMMUNITY SERVICE OFFICER" OR "CSO" COUNCIL BILL 26-2006 - AN ORDINANCE AMENDING CHAPTER 13, ARTICLE III, SECTIONS 41 THROUGH 60 OF THE CODE OF LAWS CONCERNING ABANDONED VEHICLES AND TOWING. DECISIONS. RESOLUTIONS. AND MOTIONS Item 3. Item 4. - RESOLUTION 44-2006 - APPROVING AN AMENDMENT TO THE INTERGOVERNMENTAL COOPERATION AGREEMENT WITH JEFFERSON COUNTY CONCERNING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. RESOLUTION 45-2006 - A RESOLUTION IN OPPOSITION TO PROPOSED AMENDMENT 38 TO THE COLORADO CONSTITUTION (also known as the "Petitions Amendment") CONCERNING COLORADO'S INITIATIVE AND REFERENDUM PROCEDURES. Motion to go into Executive Session with the City Attorney and appropriate staff under Charter Section 5 7(b)(1 )(0) and (b)(3) and Section 24-6-402(4)(b), C.R.S , specifically for the purpose of receiving legal advice on specific legal questions and to consider real estate appraisals concerning the potential acquisition of properties with the use of the City's allocable share of Jefferson County Open Space funds, and to return to the regular meeting for any formal action deemed necessary CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT - CITIZENS' RIGHT TO SPEAK DATE: September 25, 2006 ANY PERSON MAY SPEAK ON MATTERS FOR A MAXIMUM OF THREE MINUTES, UNLESS ADDITIONAL TIME IS GRANTED BY AGREEMENT OF COUNCIL. EACH SUCH PERSON MUST SIGN THE PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. ITEM NO. REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE September 25, 2006 TITLE: RESOLUTION 46-2006 - A RESOLUTION APPROVING THE JOINT FUNDING OF THE I_70/32ND AVENUE INTERCHANGE IMPROVEMENT PROJECT IN AN AMOUNT NOT TO EXCEED $3.275M o PUBLIC HEARING o BIDS/MOTIONS cg] RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date. _) o ORDINANCES FOR 2ND READING Quasi-JudICIal. o Yes cg] No l~64 City Ma er EXECUTIVE SUMMARY: Completion of the I_70/32nd Avenue Interchange Envlfonmental Assessment (EA) requires a fully committed funding plan for the $96 0 mIllIon m public improvements for the Cabela's development proJect. Of this amount, $11.55 million for Improvements to 32nd A venue have not been fully committcd. The City has been III negotiations with Jefferson County, Cabela's, Coors, Sullivan and the Colorado Department of Transportation (CDOT) to find an eqUltable solution to thIS shortfall. Originally, a proposal was presented that all intercstcd partics each commit one-sixth of the total ($1 925 million) to equally share in the investment of improvements to a transportation corridor that has been woefully inadcquate for many years. Agreements have bcen reached with Cabela's, Coors, and Sullivan to each contribute $1.925 million for a total of $5775 mlllIon. Jefferson County has committed to ItS one-sixth share plus an additional amount of$575,000 for a total of$2.5 million. Due to budgetary constramts, CDOT is unable to commit any additlonal funding to this project. Staff recommends that the City commIt $3.275 million m funding to close the remaining gap in funding necessary for improvements to 32nd Avenue. In addition, Staff recommends applying for a $3,000,000 loan from the Colorado State Infrastructure Bank (SIB) to assist the City in mecting this commitment. The remainlllg $275,000 would be available in the 2007 Capital Investment Program Budget. COMMISSION/BOARD RECOMMENDA nON: N/A ST A TEMENT OF THE ISSUES: In order to finali.;:e the funding plan for the I-70/32nd A venue Environmental Assessment It is necessary for the CIty to contribute $3.275M specifically for I_70/32nd Avenue Interchange Improvements. AL TERNATIVES CONSIDERED: Not committing the $3.275M for the I_70/32nd Avenue Interchange Improvements and continue to Identify and pursue other funding sources for this shortfall. FINANCIAL IMP ACT: The $3.275M contnbutlon will need to be allocated from the City's undeslgnated reserves. RECOMMENDED MOTION: "I move to approve Resolutlon 46-2006 - A Resolutlon Approvmg the Joint Funding of the 1_70/32nd Avenue Interchange Improvement Project in an amount not to exceed $3.275M." or, "I move to table indetimtely Resolution 46-2006 - A Resolution Approvmg the Jomt Fundmg ofthe 1-70/32nd Avenue Interchange Improvement ProJect in an amount not to exceed $3.275M for the following reason(s) " Report Prepared by. Reviewed by. Patrick Goff, Deputy City Manager Randy Young, City Manager Attachments: 1. Resolution 46-2006 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO 46 Senes of 2006 TITLE: A RESOLUTION APPROVING THE JOINT FUNDING OF THE I-70/32ND AVENUE INTERCHANGE IMPROVEMENT PROJECT IN AN AMOUNT NOT TO EXCEED $3.275M WHEREAS, the CIty Councll wishes to facilitate the funding for the constructlOn of the transportation infrastructure associated WIth the I_70/32nd Avenue Interchange Improvements Environmental Assessment (EA); and WHEREAS, the City IS negotiating with the Cabela's, Coors, Sullivan, Jefferson County and the Colorado Department of Transportation, for the purpose of sharing in the costs associated with said improvements, and, WHEREAS, the cost of the wldemng portion of the I-70/32nd Avenue Interchange Improvements, is estimated to be $11,550,000, and; WHEARAS, the City share of the aforementioned I-70/32nd Avenue Interchange Improvements is $3.275,000, and, NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge CIty Council, that: Section 1 . That an amount not to exceed $3.275M IS approved for the 1-70/32"d Avenue Interchange Improvement project. Section 2.Effective Date - September 25, 2006. This Resolution shall be effective immediately upon adoption. DONE AND RESOLVED thiS _ day of ,2006. Jerry DiTullio, Mayor ATTEST Pamela Anderson, City Clerk ATTACHMENT 1 ITEM NO REQUEST FOR CITY COUNCIL ACTION ccc:~~~ :~.....~ ... ,"'S> ~ ~ -----.- - ---- COUNCIL MEETING DATE September 2S, 2006 TITLE: RESOLUTION 47-2006 - A RESOLUTION APPROVING AN APPLICA TION FOR A $3,000,000 LOAN FROM THE COLORADO STATE INFRASTRUCTURE BANK FOR PARTIAL FUNDING OF IMPROVEMENTS TO THE INTERSTATE 70 AND 32ND AVENUE INTERCHANGE o PUBLIC HEARING o BIDS/MOTIONS cg] RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:_) o ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes [g] No ~0u~ CIty Mana . EXECUTIVE SUMMARY: Completion of the I_70/32nd Avenue Interchange Environmental Assessment (EA) requires a fully committed fundmg plan for the $96.0 million in public improvements for the Cabela's development project. Of this amount, $11.55 million for improvements to 32nd Avenue have not been fully commItted. The City has been in negotiations with Jefferson County, Cabela' s, Coors, SullIvan and the Colorado Department of Transportation (CDOT) to find an eqUltable solution to this shortfall. Origmally, a proposal was presented that all interested parties each commit one-sixth of the total ($1.925 million) to equally share in the investment of improvements to a transportation corridor that has been woefully madequate for many years. Agreements have been reached with Cabela's, Coors, and Sullivan to each contribute $1 925 million for a total of $5.775 mIllion. Jefferson County has committed to its one-sixth share plus an additional amount of$575,000 for a total of$2.5 million. Due to budgetary constramts, CDOT is unable to commit any additional funding to this project. Staff recommends that the City commit $3.275 million in funding to close the remaining gap in funding necessary for improvements to 32nd A venue. In addition, Staff recommends applying for a $3.000,000 loan from the Colorado State Infrastructure Bank (SIB) to assist the City m meeting this commitment. The remammg $275,000 would be available in the 2007 Capital Investment Program Budget. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: City Council adopted Resolution 37-2006 on August 14th approving an apphcation for a $30 mIllion loan from the Colorado SIB for fundmg of the 40th Avenue underpass of 1-70. The applicatlOn was submitted but pulled by CDOT due to an mcrease in the budget for 40th A venue underpass. CIty Council approved a Memorandum of Understanding (MOU) between CDOT and the City on August 28th Therefore, to date, no loan applications or MOU's have been entered into with CDO r in relatlOn to funding of the 40th Avenue underpass or 32nd Avenue improvements. ALTERNATIVES CONSIDERED: Not authonze the loan application and tund the $3.275 million from the City's undesignated reserves. FINANCIAL IMPACT: The Colorado State Infrastructure loan apphcation provides for borrowmg $3,000,000 at 5% interest over an eIght (8) year period with payments deferred for the tirst five (5) years. RECOMMENDED MOTION: "I move to approve Resolution 47-2006 - A Resolution Approving an Apphcation for a $3,000,000 Loan from the Colorado State Infrastructure Bank for Partial Fundmg of Improvements to the Interstate 70 and 32nd Avenue Interchange" or, "I move to table indefinitely Resolution 47-2006 - A Resolution Approvmg Applicatlon for a $3,000,000 Loan from the Colorado State Infrastructure Bank for Partial Fundmg ofImprovements to the Interstate 70 and 32nd Avenue Interchange for the following reason(s) " Report Prepared by: ReVIewed by: Patrick Gotl Deputy City Manager Randy Young, City Manager Attachments: 1. Loan Application 2. Resolution 47-2006 DEPARTMENT OF PUBLIC WORKS (303) 235-2861 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80033 FAX (303) 235-2857 September 25. 2006 Willie Ware Office of Finance, Management and Budget Colorado Department of Transportation 4010 East Arkansas Avenue Denver. Colorado 80222 RE. Colorado State Infrastructure Bank Application Dear Mr Ware: Enclosed you will find an application for a loan of $3,000,000 from the Colorado State Infrastructure Bank. This loan will provide partial funding for widening of 32nd Avenue at the 1_70/32nd Avenue Interchange in Wheat Ridge The street widening is included in highway improvements suggested in the Environmental Assessment currently in process for proposed improvement of the interchange The 1-70!32nd Avenue Interchange System Level Feasibility Study dated August, 2005, accepted by the Colorado Department of Transportation Commission on September 27,2005, identified the need for widening 32nd Avenue between Xenon Street and Alkire Street. The current 1-70!32nd Avenue Interchange Environmental Assessment of the transportation improvements suggested in the Feasibility Study confirms the need for this street widening 32nd Avenue is proposed to be widened from Xenon Street to Alkire Street. The current six-lane section under the 1-70 bridges will be expanded to seven lanes by moving the sidewalks behind the bridge columns The existing bridge slope paving will be modified with retaining walls to accommodate the sidewalks Substantial improvement to the 32nd AvenuelYoungfield intersection will require widening of Youngfield both north and south of the intersection. A new traffic signal is also proposed at the 32nd Avenue! Xenon Street intersection. It is anticipated that the improvement of 32nd Avenue and the various intersections from Xenon Street to Alkire Street will be funded jointly by Cabela's Retail, Inc., Jefferson County and the City. The widening of 32nd Avenue and improvement of the ATTACHMENT 1 side streets at the intersections is estimated to cost $11 ,550,000. The current funding plan calls for the following contributions: Cabela's Retail City of Wheat Ridge Jefferson County $5,775,000 3,275,000 2,500,000 The City is not in a financial position to cash flow the $3,275,000 needed for this element of the 1-70f32nd Avenue transportation improvement package and, therefore, is applying for a $3,000,000 loan from the Colorado State Infrastructure Bank. The City will utilize local sales tax to repay the State loan. A 2005 City of Wheat Ridge Financial Statement, rating letters from Moody's Investment Services and Standard & Poor's and a letter of commitment from Deputy City Manager Patrick Goff are enclosed for your use Without the $3,000,000 loan, the widening of 32nd Avenue may have to be delayed until other funding sources are available. A resolution concerning this application was approved at the September 25, 2006 City Council Meeting and is included with this application Please contact me if additional information is required in processing this application SZ4U Timothy Paranto, P.E. Director of Public Works XC' Randy Young T om Norton Pam Hutton Mo Awaznezhad Colorado State Infrastructure Bank Application ~~ ~_ iOS --- OEPARTMENT OF TRANSPORTATION Revised (5/01) ~;~: ~ ~ ~-- )~, "-, , 'F _ - -: ~ ~:~, - ~~~~1~1(~~~1nir\':ed;~~i)J,)~lhlItL~ - -=.~} ~:::J~ ~ . . "-- ~-'~ > ~- --":'~.. - Name of Project Sponsor: C/T'Y or ~L,.("/ R/o tr'e:.. IRS EmployerlD#:-94- .~S9S 83:2 ProjectTitle: 3.:1 ':f' AV-Lp'c,L Wb~N/#~ BnsinessAddress: 7.5'o() 0$";; 7~ A~~ k/HL-t r K, 0'"1:., J ~h1! Cd. 86033 Street City County./ Zip Code Contact Person: ~/iClr~>, PA.R~ A.l. rd Phone Number: 3'.z3S''';2.~~d Fax Number:"? -..]3s--..29S7Email Address:7PA,f A 1o<"76@CoI. w IILA,.....e.lo~L . Cd. q,S ,,: ..... ~~ ~___~._ ,~~~::~::.l~ _~\{!}1ifi~iJ~1~;},~1~t~r::i!!,~F~tL~~~,_ '~~.::';.,~.: i~:-._ ~~~: ..:_~_ ~ ~ (1) Requested Loan Amount: 3... ddo", d" " Total Cost (estimate) ofthe Project: /,{ 5StJ/ oiJ 0 (2) How soon can you begin annual loan repayments from date of loan closing? 5' .Y It -f".5 (3) How long a period will you need to repay your loan from date of loan closing? .3 ,Y L ,(,#..5 (4) Do you expect to use additional debt for this project in the future? Yes_ No X (5) Would the payment of this loan be superior, on a parity basis, or subordinate to other debt that is serviced by the funding or revenue sources pledged to this loan? 'Superior_Parity 2<,. Subonlinate_ (6) Has the applicant suffered an operating deficit in the last five years? Y es_ No~ If yes, attach an explanation describing what actions were taken. (7) Please provide the following items as attachments: a. A statement that identifies the anticipated funding or revenue sources pledged to repay the loan; b. A statement that Jdentlfies other funds, antiCIpated revenue, or securities that are avallab1e to secure this loan, c. If applicable, a rating letter from the rating organization that evaluated the entity's last bond issue, indicating rating and when established; d. Financial statements for the organization makmg the application; e. A resolution from your councilor board authorizing thlS apphcation and borrowing from the cosm, and f. A detailed description of the project An electronic version is available at http://www.dot.state.co.us/businesscenter/budget Colorado State Infrastructure Bank Application ~OTI ....~--....~---. __ iO:!!!I - - DEPARiMENT OF TRANSPORTATION Revised (5/01) ~~ ------ -:;-~~~ ~~~ ~----_=_ '";'~:~~(:;,~t-::;~-j~i}~,;(Jt:n,~:J0'J~~1';(~.<.-=-~ - ~ _ ~-=-.. ~ ---- :----_---'~- (1) Type of Project: Highway ~ Transit 0 Aviation 0 Rail 0 (2) Is this project in the local area transportation plan? Yes~ No_ (3) Is this project in the regional transportation plan? Yes~ No_ (4) Is this project in the statewide transportation improvement program plan? Yes~ No_ (4) Does this project meet the federal-aid eligibility requirement? Yesx... No_ (5) Does this project involve a public/private partnership? Yes X No_ rfyes, attach a description of the arrangements. (6) Does the project involve the formation of a local improvement district (LID) or an urban renewal district (URD) or similar entity? Yes_ NoK If yes, attach the status of negotiations with benefited property owners, an engineer's report on the district formation and assessments, and any resolutions creating the district. (7) Please provide the following items as attachment "G"; please limit to five pages: a. A brief explanation of the need for the project; b A briefexplanatioll of how this project enhances the overall transportation system and the benefits such as congestion mitigation, environmental mitigation, safety, economic development, and connectivity; c. An illustration of the funding sOUlce(s) for each phase of the project - planning, preliminary engineenng, design and archItectural, rlght of way, construction, other; d. A brief explanation that identifies the extent to which COSIB assistance accelerates project implementation; e. A brief description of the likely negative effects of NOT receiving COSIB assistance ~ "'- :..' ~KW:til:i}~)i,\;; :~:tti.~J~rt,\:frt1!~~~tll;)ltt;:J.'(iI~("~t;~lit;;&(~1~t,,p ,':. , =~ ' '_ " ~ : ; The undersigned hereby certIfies that the information proVIded m this application is true and correct as of the date set forth opposite my SIgnature on this applicatIon and acknowledge my understandmg that any mtentional or neghgent misrepresentation ofmformation contained in this applicatiDn may result in CiVIl hability and/or criminal penalties under the state statutes of Colorado, and liability for monetary damages to the Lender, its agents, successors and assigns, insurers and any other person who may suffer any loss due to reliance upon any misre res entation w .ch/9ve mad~this application. ()~ 7-,.25"-(.;; Date FA RA)J. 7CJ D//!..4.C-7V/Z-. c-.F ~e~/C. Title ~tf'---c.S Print or Type name Please complete ALL sections of the application. Additional information may be requested. The City of 7500 WEST 29TH AVENUE WHEAT RIPGE, CO 80033-8001 (303) 234.5900 ~heat GRidge City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 August 2, 2006 The City of Wheat Ridge intends to utilize sales tax revenues as the funding source for the repayment of the $3 0 million loan from the Colorado State Infrastructure Banle The City anticipates collecting over $50.0 million in sales tax revenue over the next three years, a portion of which will be pledged to the principal and interest payments of this loan. Patrick Goff Deputy CIty Manager o RECYCLED PAPER , . m "'iiiiiV Moody's Investors Service 99 ChLJrch Street New York. New York 10007 www.moodys.com August 6,199& Ambac Assurmce Corporation One State Street Plaza New Y (Irk, New York 10004 To Whom It May Concern: Moody's Investors Service has assigned the r.umg of Aaa (Ambac Assurance C(nporation Insured - Policy No. 15367BE) to the $14,820,000.00 City ofWhea.t Ridge, Colorado- Certificates of Participation Series 1998, (Recreation Center Project), dated July I, 1998 which sold through negotiation on June 9, 1998. The rating is based upon an insurance policy provided by Ambac Assurance CorporatlOn. Should you havc any que:.-tions rcgarding thc above, please do not hesitate to COntact the assigned analyst, Margaret Kessler at (212) 553-7884. Sincerely yours, LaM4L~ I -aura Levenstein Vice President and Managmg Director ''$'' D:J A ccmpany 0( Tho Dun & ~ CaporaDoo . . . . ,>'-'..... ........... RlUings Sa->tius 25 Bruadway New York. f'oIY 10004.1064 Tel 212 201l-!740 Rc{eri:llce No.' %11ll Vincent Orgo 13(md Insurance Puhlic Fi,,= RDJing$ '--'. '-..~ Standard & Poor's '&? It J)ivi.';ml u!Th~McGrr:w.J-liIl C""'{X/nits August 6, 1998 Ms. Eileen Kirchoff First Vice President Ambac Assurance Corporation Client Information Services One State Street Plaza - 17th Floor New York, NY 10004 Re: 514,820,000 City of Wheat Ridge, Colorado, Certificates of Participation (Recreation Center Project), Series 1998, daJed: July 1,1998, due: December 15,1998-2008, (POLICY #15367BE/16746) Dear Ms. Kirchoff: Pursuant to your request for a Standard & Poor's ("S&P") rating on the subject obligations, we have reviewed the infonnation submitted and have assigned a rating of' AAA'. This reflects our assessment of the likelihood ofrepayrnem of principal and interest based on the bond insurance policy your company is providing. Rating adjustments may result from changes in the financial position of your company or from alterations in documents governing the issue. With respect to me latter, please notify us of any changes or amendments over the term of the issue. When usmg the S&P's mung, mclude the definition of the rating together with a statement that this may be changed, suspended or withdrawn as a result of changes in, or unavailability of, information. I"hlS ratmg is not a "market rallllg", because it is not a rccormnendation to buy, hold or sell the obligations. Please remember that complete documentation relating to tills issue must be submitted no later than 90 days after the date oftills letter_ If you have any questions, please contact us. aw ~ l~/:il ~/fld - ~~ CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 47 Series 01'2006 TITLE: A RESOLUTION APPROVING AN APPLICATION FOR A $3,000,000 LOAN FROM THE COLORADO STATE INFRASTRUCTURE BANK FOR PARTIAL FUNDING OF IMPROVEMENTS TO THE INTERST ATE 70 AND 32ND AVENUE INTERCHANGE WHEREAS, the City Councll wishes to facilitate the fundmg for the construction of the transportation mfrastructure associated with thc I_70/32nd Avenue Interchange Improvements Environmental Assessment (EA), and WHEREAS, the City is negotiating with the Cabela's, Coors, Sullivan, Jefferson County and the Colorado Department of Transportation, for the purpose of sharing m the costs associated WIth said improvements, and, WHEREAS, the cost of the Widening portion of the I_70/32nd Avenue Interchange Improvements, IS estimated to be $11,550,000, and, WHEARAS, the CIty antiCipates contributing up to $3,275,000 as our share of the aforementIoned I_70/32nd Avenue Interchange Improvements, and; WHEREAS, the Colorado State Infrastructure Bank is a possible source of a $3,000,000 loan for the I_70/32nd Avenue Interchange Improvements. NOW, THEREFORE, BE IT RESOLVED by the Wheat RIdge City CounCil, that: Section 1. Applicatlon Approved. The apphcatlOn to the Colorado State Infrastructure Bank in the amount of $3,000,000 for use in fundmg the I_70/32nd Avenue Interchange Improvements project is hereby approved. Section 2.Effective Date - September 25, 2006 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 CITY OF WHEAT RIDGE, COLORADO Notice of Meeting of City Council Members Please take notice that the Mayor and eight (8) members of the Wheat Ridge City Council will meet on Mondav. September 25.2006; 6:30 p.m. at the Municipal Building, 750C W 29th Avenue, Wheat Ridge, Colorado for the purpose of a Study Session to discuss the Cabela's Project Environmental Assessment Funding The meeting is open to the public, as required by C R.S Sec. 24-6-402(2)(b) No formal action or adoption of any policy, position, resolution, rule, or regulation will take place - Given and posted this 21st day of September ,2006 --{~~ O~ --Pamela Anderson, City Clerk ------ - GED'53027\402902.0 I ~mmJBlUB CITY OF WHEAT RIDGE, COLORADO September 11, 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, Mike Stites, and Terry Womble. Councilor Larry Schulz was absent. Also present: Deputy City Clerk, Christa Jones, Deputy City Manager, Patrick Goff; City Attorney, Gerald Dahl; Director of Community Development, Alan White; Director of Public Works, Tim Paranto, staff; and interested citizens. APPROVAL OF MINUTES OF AUQust 28, 2006 Motion by Mrs. Sang for the approval of the Minutes of August 28, 2006, seconded by Mr. Womble; carried 6-0 with Mrs. Adams abstaining. PROCLAMATIONS AND CEREMONIES Mayor DiTullio read a Proclamation from the President of the United States for Patriot Day, 2006 remembering 9/11/2001. He also called for a moment of silence, which was observed. - Mayor DiTullio read Proclamation for 2006 National Breast Cancer Awareness Month. CITIZENS' RIGHT TO SPEAK Rob Osborn, Executive Director of Wheat Ridge 2020, asked for Council's continued support and funding for Wheat Ridge 2020 in the amount of 1 5 Million Dollars. He reported on some of the programs that had been accomplished so far and outlined future plans. Item 1. CONSENT AGENDA: A. Approval of the 2006 Microsoft Enterprise Agreement in the amount of $62,887 48 B RESOLUTION 42-2006 - APPROVING A LICENSING AGREEMENT WITH THE DENVER COUNCIL OF GOVERNMENTS (DRCOG) FOR THE DENVER REGIONAL AERIAL PHOTOGRAPHY PROJECT Consent Agenda was introduced and read by Mr Gokey Motion by Mr Gokey for approval of the Consent Agenda; seconded by Mrs. Adams; carried 7-0. - CITY COUNCIL MINUTES. September 11, 2006 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. PUBLIC HEARING ON RESOLUTION 43-2006 - AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF THE CITY OF WHEAT RIDGE PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT. Mayor DiTullio opened the public hearing Resolution 43-2006 was introduced by Mrs. Sang. Deputy City Clerk Christa Jones read the Executive Summary Mayor DiTullio closed the public hearing. Motion by Mrs. Sang to apprcve the assignment of Allocation between the Colorado Housing and Finance Authority (CHFA) and the City of Wheat Ridge and to adopt Resolution 43-2006 authorizing assignment to the Colorado Housing and Finance Authority of a private Activity Bond Allocation of the City of Wheat Ridge pursuant to the Colorado Private Activity Bond Ceiling Allocation Act in the amount of $1 ,274,760 thereby designating the City's PAB allocation to CHFA for the purpose of providing single-family mortgage loans to low- and moderate-income persons and families, _ seconded by Mr Womble, carried 7-0 ORDINANCES ON FIRST READING Item 3. COUNCIL BILL 22-2006 - AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE AGRICULTURAL AND PUBLIC FACILITIES TABLE OF USES AND ACCESSORY USES (Case No. ZOA-06-06) Council Bill 22-2006 was introduced on first reading by Mr Womble. Mr. Dahl asked that an amendment be made to the Council Bill, by adding to Section 1 "Section 26-204 of the Code of Laws, Agriculture and Public Facilities Table of Accessory Uses is hereby amended as follows. " Motion by Mr Womble to approve Council Bill 22-2006 on first reading, with the amendment suggested by the City Attorney, order it published, public hearing be set for Monday, October 23, 2006 at 7:00 p.m in the City Council Chambers, and that it take effect 15 days after final publication, seconded by Mrs Sang, carried 7-0 - CITY COUNCIL MINUTES. September 11, 2006 Page -3- Item 4. COUNCIL BILL 23-2006 - AN ORDINANCE AMENDING CHAPTER 26- 603 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO FENCING. (Case No ZOA-06-04) Council Bill 23-2006 was introduced on first reading by Mr Womble Motion by Mr Womble to approve Council Bill 23-2006 on first reading, order it published, public hearing be set for Monday, October 23, 2006 at 7:00 p m in the City Council Chambers, and that it take effect 15 days after final publication, seconded by Mrs. Sang, carried 7-0 Item 5. COUNCIL BILL 24-2006 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A ZONE CHANGE FROM A-1 , AGRICULTURAL-ONE AND R-1, RESIDENTIAL-ONE TO PUBLIC FACILITIES ZONE DISTRICT FOR PROPERTY LOCATED AT 11210 WEST 45TH AVENUE. (Case No WZ-06-04) (City of Wheat Ridge) Council Bill 24-2006 was introduced on first reading by Rotola Motion by Mrs. Rotola to approve Council Bill 24-2006 on first reading, order it published, public hearing be set for Monday, October 23, 2006 at 7.00 p m in the City Council Chambers, and that it take effect 15 days after final publication, seconded by - Mr Stites and Mrs Sang, carried 7-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 6. Council Appointment to CML Policy Committee Motion by Mr Stites to re-appoint Karen Berry to the Colorado Municipal League 2006- 07 Policy Committee for the term of one year; seconded by Mrs. Rotola, carried 7-0 ELECTED OFFICIALS' MATTERS Mayor DiTullio invited everybody to the upcoming Town Meeting on September 14, 2006 from 4.00 p.m to 8.00 p m at the Wheat Ridge Recreation Center He asked that the Clerk read a letter from Cynthia Stevenson, Superintendent of Jefferson County Public Schools, addressed to Mayor DiTullio. The letter thanked the Mayor for his letter dated August 21, 2006 and referred to their telephone conversation of August 25, pertaining to the Mayor's fund raising efforts for artificial turf fields for Wheat Ridge Senior High School CITY COUNCIL MINUTES September 11, 2006 Page -4- Karen Berry thanked citizens for their input to the budget. They brought up a lot of good issues and concerns and she encouraged them to continue providing input. Karen Adams made everybody aware that Farmers 5000 will be held Sunday morning. Terry Womble encouraged artists to come out to the Farmers 5000 and do some artwork while people are running capturing the event and perhaps it can be auctioned of. Wanda Sang thanked Britta and Ryan Fisher for hosting a block party. It was a great way for neighbors to get to know each other and see what's going on on their street and be aware of their neighbors should there be a time of problems. Mike Stites invited everybody to the Open House on Thursday. He has seen a lot of development going on in the City and families re-doing their homes He thanked them for staying in Wheat Ridge and re-investing in their homes. Meeting adjourned at 7.25 p.m. - ~~r , ~ . -""""\ c ',' rj,~ '-..' '\~ Christa Jones, Deputy City Clerk j APPROVED BY CITY COUNCIL ON SEPTEMBER 25, 2006 BY A VOTE OF to Mike Stites, Council President I I ,-....,. .~,...-"-....-_~"~ '.,_.',-.- ~'~-'- . -.....~......"" r<'"" ,'. ~:;~" l'r~~ '. II ~.." ..- .""....,..... ........' .. .....".;,... ...._.~ ._,,~':I..,"._ PROCLAMATION fAMILY TREE'S 30111 ANNIVERSARY 1976-2006 WHEIlEAI, 2006 mar~s Family Tree's 3dh Anniversary. It was in 1976 that Family Tree was incorporated as Jefferson County Human Services Coordinating Council, Inc. and in 1981 made the name change to Family Tree, Inc.; and WHEIlEAI, During the 30 years there have been many challenges, many opportunities, a few setbac~s and overall a great many successes. Most noticeably the successes come about in the lives of the clients who overcome significant obstacles to reach their goals and accomplish Family Tree's Mission - to help people be safe, strong and self-reliant; and WHEIlEAI, Family Tree has provided a broad range of services and shelter to families and youth of metro Denver to overcome child abuse, domestic violence and homelessness. Each year, Family Tree provides services to more than 25,000 people, including more than 26,000 nights of shelter to families and individuals who might otherwise be homeless; and WHEIlEAI, last year Family Tree Children's Services provided home visits, with case management services, resources and other forms of support to 549 area families, as well as shelter and supportive services to 311 youth, including 67 runaway and homeless youth. Also last year, Family Tree Domestic Violence Services provided shelter and supportive services to 262 women and 212 children through the Women In Crisis Facility, Jefferson County's only battered women's shelter; and WHEIlEAI, during that same period of time Family Tree Homelessness Services provided case management and housing assistance to 584 formerly homeless families and individuals serving a total of 1,472 adults and children in Family Tree housing programs and on the housing waitlist.; and NOW, THEIIEFOIIE, the Mayor and City Council for the City of Wheat Ridge hereby deem it an honor and pleasure to extend this Proclamation to Family Tree in honor of their 3dh Anniversary. IN WITNElI THEIIEOFon this '.25 ~ day of ~~r L.. "\1.:.., -;-2006 \ ) - " (I.- NJl..c Pamela V. A ~__ _--'~:""-:"'--'1,...~ ,-~ ,,-,>-?it ',,- .) ......... 1)"'-' "" -00, ~'.. ~" .. '.~' .....:. 'e~\ _ ; ~ :r.. ,\' ~ ~ ~ t' \:: .;;, ~ ~. .lv.~ ~' , .~... ee ...:::: . .,=:....... :,. .. /"'- ..... .~ -.......... :-'~~;- ~.... -....). -- ----"'- o;);d lTullio, Mayor Zl ~ ~- ~ -'i) .~ ~ ,1;:'~ -".,,,.~~~tl~' ~ ~~" - .J~ c ,~~: ".!~ l~':' .~,~ ." .-~.,. 1. -'00 ,., ~.. ',,,. ~-~.;:.~ .~. t .+;..^ ~. .~~-.,,;.,....... ""~.. .\..l.. it 11II ~ ....~ '~'- ......., .... ...._..:. .,.- ........ _~ Aid.>> ~~Hl\ <!& QCJl~:ffl~ ~1f <!& 1! PHYSICAL THERAPY MONTH OCTOBER 2006 WHEREAS, the practIce of phYSIcal therapy mvolves a varIety of aspects from mJury prewntlOn to general health and fitness to rehabIlitation followmg an mJuf). disease or surgef). and WHEREAS, phYSical the rap)' helps Improve the qualIt)' of life and phYSIcal well bell1g of people of all ages. mcludmg cardIac patients. chIldren. athletes and the elderly: and WHEREAS, the Colorado Chapter of the Amencan PhYSIcal Therapy AssocIatIOn represents 1110[(: than 1.000 phYSical therapists. phYSIcal therapIst assistants and phYSical the rap)' students Il1 (olorado and promotes the Importance of phYSical therapy educatIOn and research. and WHEREAS, through phYSical t.herap)' practice. educatIOn and research, phYSical therapists are able to pre\ ent disease. promote health. reduce pam and enhance the quality of life, and '-- WHEREAS, It IS appropnate that we recogmze these mdmduals who dedicate theIr time and talent toward enhancmg the phYSical health of the CItIzens of our state and thank. them for makmg Colorado an even better and healthIer place to live. work and raise a famIly r"\ NOW,THEREFORE, BE IT PROCLAIMED. \1) the Mayor and Member of the City CouncIl that OCTOBER 2006 be deSignated as PHYSICAL THERAPY MONTH m Wheat Ridge. Colorado, and do urge all Citizens to recogmze the slgmficant contributIons of these dedicated profeSSIOnals. IN WITNESS THEREOF, I have hereunto set my hand and Seal of the City of Wheat Ridge, thiS 25th day of September. 2006 ---" ---.......~..."'. .-:; .....~";f.f P .. .'. "'SIt~'" ..'-~ l'" etftfT~.1to <:;..' , . '..~\~' _; . ~ ._, ... 'l.~ ~ ~ ~ ~ ~l" \?\"'l. ... \.. . t- ..... !~~-- _ "IT ~ ,,;). ...... la 01 '00;::; ...... c-...._.!.:r;~ ~ ",",,";- . \.~'I:.... ... _..~...--",:.,...-~ Jerry DiTullio, Mayor Pamela Andersun, Cit) Clerk - ITEM NO ~ REQUEST FOR CITY COUNCIL ACTION ./.$~ "~ I l_ 0> ~'~~ n[ U~ COUNCIL MEETING DATE. September 25, 2006 TITLE: COUNCIL BILL 25-2006 - AN ORDINANCE AMENDING THE CODE OF LAWS TO CHANGE REFERENCES TO "ANIMAL - PARKS CODE ENFORCEMENT OFFICER" OR "APCO OFFICER" TO READ "COMMUNITY SERVICE OFFICER" OR "CSO" D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS ~ ORDINANCES FOR I ST READING (Date. 9/25/2006) o ORDINANCES FOR 2ND READING Quasl-J udlclal. o Yes ~ No - Clt~ City Attorney EXECUTIVE SUMMARY: The Police Department has changed the designatIOn of officers responsible for code enforcement. from the former "Animal Parks Code Oflieers (APCO)" to "Community Service Officers (CSO)." This actIOn reqUires a parallel change to the Code of Laws In order to proVide a more accurate and effective deSCription of those City employees and thclr respective roles. ThiS ordInance changes all references In the Code of Laws from "Animal-Parks Code Ofticer" and "APCO Officer" to read "Community Service Officer" and "CSO" COMMISSIONIBOARD RECOMMENDATION: N/A ST A TEMENT OF THE ISSUES: The suggested change In language IS necessary to accurately describe the "Community Service Officers'. who currently occupy the role prevIOusly described as "Ammal-Parks Code Officers." Makmg thiS change wlll reduce confusion on the part of the public ALTERNATIVES CONSIDERED: Do not adopt the proposed changes, leavmg all references to "Alllmal-Parks Code Officers" or "APCO officers" as wntten. No City employees currently hold such a title FINANCIAL IMPACT: N/A RECOMMENDED MOTION: ." move to approve Council Bill 25-2006 - An Ordinance amendmg the Code of Laws to change references to "Alllmal-Parks Code Officer" or "APCO Officer" to read "Commumty Service Ofticcr" or "CSO:' on first readmg, order It published, publIc heanng set for Monday, October 9, 2006 at 7.00 p m. m City Council Chambers, and that It take effect 15 days after tinal publIcatIOn." or, "I move to table mdclimtely Councill3ill 25-2006 ~ An Ordmance amendmg the Code of Laws to change reference to "Alllmal-Parks Code Otlicer" or "APCO Ofticer" to read '.Community Service Officer"' or "CSO" for the fol!owlng rcason(s) - Report Prepared b) Reviewed b) Gerald Dahl. City Attorney Damel Brennan, PolIce Chief Attachments: Council Bill 25-2006 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 25 Ordinance No. Series of 2006 TITLE: AN ORDINANCE AMENDING THE CODE OF LA WS TO CHANGE REFERENCES TO "ANIMAL-PARKS CODE ENFORCEMENT OFFICER" OR "APCO OFFICER" TO READ "COMMUNITY SERVICE OFFICER" OR "CSO" WHEREAS, the City of Wheat Ridge (the "City"), acting through its City Council (the "Council"), has authority pursuant to Article XX, Section 6 of the Colorado Constitution and, C.R.S. 9 31-16-101 et seq., to adopt and amend its Code of Laws (the "Code") from time to time; and WHEREAS, the City has previously adopted Code Sections which refer to the position of "Animal-Parks Code Enforcement Officer" or "APCO officer" in several contexts; and - WHEREAS, the term "Community Service Officer" or "CSO" is now the proper term to describe City employees who formerly were termed "Animal-Parks Code Enforcement Officer" or "APCO officer" and who perform the duties delegated to such officers; and WHEREAS, the Council desires to amend the Code to change all references to "Animal-Parks Code Enforcement Officer" or "APCO officer" to "Community Service Officer" or "CSO". NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. All references in the Wheat Ridge Code of Laws to "Animal-Parks Code Enforcement Officer" or "APCO officer" are hereby amended to read: "Community Service Officer" and "CSO," respectively in the following Chapters of the Code: 2,13,15,16,17,21 and 26. Section 2. All other references in the Code to "Animal-Parks Code Enforcement Officer" or "APCO officer" not described in Section 1 hereof are hereby amended to read "Community Service Officer" and "CSO," respectively. ATTACHMENT 1 Section 3. All amendments described herein shall apply to those terms written in both the singular and plural. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this 25th day of SePtember, 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 October 9, 2006, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. - READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2006. SIGNED by the Mayor on this day of ,2006. Jerry DiTullio, Mayor ATTEST: Pamela Anderson, City Clerk Approved As To Form Gerald E. Dahl, City Attorney ~ ITEM NO. REQUEST FOR CITY COUNCIL ACTION -r$~' ~ 111-1 UI' n.~ '~' \;..0....... i " ---- ~ COUNCIL MEETING DATE. September 25,2006 TITLE: COUNCIL BILL 26-2006 - AN ORDINANCE AMENDING CHAPTER 13, ARTICLE Ill, SECTIONS 41 THROUGH 60 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING ABANDONED VEHICLES AND TOWING o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS ~ ORDINANCES FOR 1ST READING (Date September 25,2006) o ORDINANCES FOR 2ND READING QuasI-Judicial o Yes ~ No ~~~ CIty Mana - City Attorney EXECUTIVE SUMMARY: The Pollee Department recently made suggestcd changes to Chapter 13, ArtIcle III, Sections 41 through 60 of the Code of Laws In order to proVide more comprehensive regulatIOn of abandoned vehIcles and tOWIng servIces. This ordInance Implements those suggestIons. Among other changes, the ordInance Includes provIsIOns regulatIng persons leaVIng or abandOnIng vehicles on private property that docs not belong to them. In addItion, the ordInance amends the Code to mIrror towing regulations as enforced by neighboring communities. Finally the Rules and RegulatIons concerning to\\ operators (which may be promulgated pursuant to Chapter 13, Article Ill, Section 48) are also re\'lsed WIth vanous mInor edits to language. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The Police Department believes that the regulation of abandoned vehicles and towing services will be better served through thiS update A new provIsIOn concernIng the tOWIng of vehicles from pnvate property IS Included In Sec. 13-42.5 In additIon, the term "abandoned motor vehicle" is - now defined to include abandoned trailers. This new language will enable the Police Department to regulate SituatIOns where a trailer, rather than a vehicle has been abandoned. ALTERNATIVES CONSIDERED: Do not adopt the Police Department's proposed changes, leavmg Chapter 13, ArtIcle Ill, SectIOns 4 I through 60 as written. FINANCIAL IMPACT: None RECOMMENDED MOTION: .., movc to approvcd Counctl Btll 26-2006 - An Ordinance Amendmg Chapter 13, Article III ScctlOns 41 through 60 of the CIty Code Concerning Abandoned Vehicles and TOWing on first rcadlng, ordcr it publIshcd, public heanng set for Monday, October 9, 2006 at 7:00 p m. In CIty Counctl Chambcrs, and that it takc effect 15 days after final publIcatIOn." or. "I movc to tablc IndcfinItely Councll Btll 26-2006 - An Ordinance Amcndlng Chaptcr 13, Article III ScctlOns 41 through 60 ofthc City Code Conccrnlng Abandoned Vehicles and TOWing for the follOWing rcason(s) - Rcport Prcparcd b) Rcncwcd b) Gcrald Dahl, CIty Attornc) DanIel Brcnnan, PolIcc Chief Attachments: Counctl 13tll 26-2006 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 26 Ordinance No. Series of 2006 TITLE' AN ORDINANCE AMENDING CHAPTER 13, ARTICLE III, SECTIONS 41 THROUGH 60 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING ABANDONED VEHICLES AND TOWING WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority pursuant to Article XX, Section 6 of the Colorado Constitution and, inter alia, C.R.S. 99 31-15-401 and 31-15-702 to regulate the use of public streets and alleys; and WHEREAS, the City has previously adopted regulations concerning abandoned vehicles and towing as codified in Chapter 13, Article III of the Code of Laws of the City of Wheat Ridge (the "Code"); and --- WHEREAS, the City Council of the City of Wheat Ridge (the "Council") has previously adopted Rules and Regulations concerning abandoned vehicles and towing pursuant to Chapter 13, Article III, Section 48 of the Code; and WHEREAS, the City's Police Department has determined that updating Chapter 13, Article III, Sections 41 through 49 of the Code will provide for a more efficient and comprehensive regulation of abandoned vehicles and towing services within the City; and WHEREAS, the Council desires to amend the Code pursuant to the suggestions of the Police Department. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The Code of Laws, Chapter 13, Article III, Sections 41 through 60, is hereby repealed reenacted to read in its entirety as set forth in Exhibit A, attached hereto. Section 2. The Rules and Regulations promulgated pursuant to the Code of Laws, Chapter 13, Article III, Section 48, is hereby revised to read in its entirety as set forth in Exhibit B. ATTACHMENT 1 Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this 25th day of September 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 October 9, 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 25'" day of September, 2006. SIGNED by the Mayor on this 25th day of September, 2006. - Jerry DiTullio, Mayor ATTEST: Pamela Anderson, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: EXHIBIT A CHAPTER 13, ARTICLE 1/1, SECTIONS 41 THROUGH 60 OF THE CODE OF LA WS OF THE CITY OF WHEA T RIDGE fA TTACHED] - Exhibit A Sec. 13-41. Definitions As used in this article Abandoned motor vehicle or trailer shall mean and include (1) Any motor vehicle or trailer left unattended on private property for a period of twenty-four (24) hours or longer without the consent of the owner or lessee of such property or his legally authorized agent. (2) Any motor vehicle or trailer left unattended on any public property including but not limited to, any portion of a highway, street or public right-of-way within the limits of the city for a period of twenty-four (24) hours or longer unless the owner or driver thereof has conspicuously affixed thereto a dated notice indicating his intention to return or shall have otherwise notified the Wheat Ridge Police of his intention to remove same within seventy-two (72) hours of the dated notice or of such other notice to the Wheat Ridge Police - (3) Any motor vehicle or trailer left unattended on any public property including, but not limited to, a street, highway or other public right-of-way within the limits of the city in such a manner or under such conditions as to interfere with the free movement of vehicular traffic, or as to interfere with proper street or highway maintenance, or as to interfere with the construction or maintenance of any public improvement, or threatens public safety (4) Any motor vehicle or trailer stored in a police impoundment lot at the request of its owner or the owner's agent, or the police department, and not removed from a police impoundment lot according to the agreement with the owner or agent or within seventy-two (72) hours of the time the department notifies the owner or agent that the vehicle is available for release upon payment of any applicable charges or fees. If the department requested the storage, the provisions governing public tows under this article apply as of the time of abandonment and the department shall be deemed the responsible law enforcement agency Otherwise, private tow provisions of any applicable Wheat Ridge ordinances or state statutes shall apply Appraisal means a bona fide estimate of reasonable market value made by any motor vehicle dealer licensed in this state or by any employee of the Wheat Ridge Police Department whose appointment for such purpose has been reported by the chief of police to the executive director of the Colorado Department of Revenue Chief of police or chief shall mean the chief of the Wheat Ridge Police Department or his designee - Page I of9 City means the City of Wheat Ridge, Colorado Department means the Wheat Ridge Police Department. Disabled motor vehicle means any motor vehicle which is stopped or parked, either attended or unattended, upon a public right-of-way and which is, due to any mechanical failure or any inoperability because of a collision, a fire or any other such damage, temporarily inoperable under its own power Motor vehicle means any motor vehicle classified as a motor vehicle under the laws of the State of Colorado Operator means a person or a firm licensed by the public utilities commission as a towing carrier Public impound lot or impound lot means and includes any building, enclosure or other parcel of real property designated by the chief or by an ordinance or resolution of the city council for the storage of impounded motor vehicles by the city, and specifically includes privately owned garages or other privately owned locations designated as a police impound lot pursuant to this article, which provide appropriate protection for impounded motor vehicles. Private property means any real property which is not public property Private tow means any tow of an abandoned motor vehicle not requested by a law enforcement agency - Public property means any real property having its title, ownership, use or possession held by the federal government, this state or any county, municipality, as defined in ~31-1-101 (6), Colorado Revised Statutes, or other governmental entity of thiS state Public tow means any tow of an abandoned motor vehicle requested by a law enforcement agency Purchasing agent shall mean the purchasing agent of the city or his designee Responsible law enforcement agency shall mean (1) In the case of a public tow, the law enforcement agency authorizing the original tow of an abandoned motor vehicle (2) In the case of a private tow, the law enforcement agency having jurisdiction over the private property where the motor vehicle becomes abandoned (Ord No 1995-994, & 2, 4-10-95) Page 2 of9 Sec. 13-42. Abandonment of motor vehicles - Public tow. (a) No person shall abandon any motor vehicle upon public property Any member of the police department who finds a motor vehicle, which he has reasonable grounds to believe has been abandoned, shall require such motor vehicle to be removed or cause the same to be removed and placed in storage in any impound lot designated or maintained by the city (b) Whenever any member of the police department finds a motor vehicle, attended or unattended, standing upon any portion of a public right-of-way in such a manner as to constitute an obstruction to traffic or proper highway maintenance, such officer is authorized to cause the motor liehicle to be moved to eliminate any such obstruction, and neither the officer nor anyone acting under his direction shall be liable for any damage to such motor vehicle occasioned by such removal (c) Where possible, a police officer of the department shall make a bona fide effort to contact the owner or operator of a vehicle before presuming it is abandoned (Ord No 1995-994, & 2,4-10-95) Sec. 13-42.5 Abandonment of motor vehicles - Private tow - (a) No person shall abandon any motor vehicle upon property that does not belong to them (private property) Any owner or lessee, or his agent authorizing in writing, may have an abandoned motor vehicle removed from his property by having it towed and impounded by an operator (b) Any operator having in his possession any abandoned motor vehicle from a private tow shall immediately notify the police department of the name of the operator, the location of the impound lot where the vehicle is located, and a description of the abandoned motor vehicle, including the make, model, color, year, the number, issuing state and expiration date of the license plate, and the vehicle identification number Upon such notification, the police department shall ascertain, if possible, whether or not the vehicle has been reported stolen, and if so reported, the police department shall recover and secure the motor vehicle and notify its rightful owner and terminate the abandonment proceedings under this article. The police department shall have the right to recover from the owner its reasonable costs to recover and secure the vehicle (c) Any operator shall, as soon as possible but in no event later than seventy-two (72) hours after receipt of determination that such motor vehicle has not been reported stolen, comply with the provisions of the Statutes of the State of Colorado (C.R.S 9 42- 4-2101, et seq as amended) for disposition of such motor vehicle Sec. 13-43. Removal and impoundment. - Page 3 of9 (a) Whenever any police officer or community services officer finds a motor vehicle, attended or unattended, standing upon any portion of a street or highway right-of-way or other public place in such a manner as to constitute an obstruction to traffic or proper highway maintenance, or the construction of any public improvement, or threatens public safety, such officer is authorized to cause the motor vehicle to be moved forthwith to eliminate any such obstruction, and neither the officer nor anyone acting under his direction shall be liable for any damage to such motor vehicle occasioned by such removal (b) Any motor vehicle impounded pursuant to Sections 1802 & 1803 of the Model Traffic Code, 2003 edition, shall be subject to the provisions of section 13-42, 13-42.5 and 13-43 of this article, which sections 13-42, 13-42 5 and 13-43 shall take precedence over and superseded any related or inconsistent provision of the Model Traffic Code (Ord No 1995-994, & 2,4-10-95, Ord No 2001-1220, & 3,5-21-01) Sec. 13-44. Report of abandoned motor vehicle (a) Ascertaining ownership (1) Upon having an abandoned motor vehicle towed, the department shall ascertain, if possible, whether or not the motor vehicle has been reported stolen, and if so reported, the department shall recover and secure the motor vehicle and notify its rightful owner or the responsible law enforcement agency which has reported the vehicle as stolen and terminate the abandonment proceeding under this article The department shall have the right to recover from the owner its reasonable costs to recover and secure the motor vehicle - (2) As soon as possible, after having an abandoned motor vehicle towed, the department shall report the same to the department of revenue by first class or certified mail, via the web, or by personal delivery, which report shall be on a form prescribed and supplied by the department of revenue Such report shall contain the information required by the laws of the State of Colorado (3) Upon its receipt of such report, the department of revenue shall ascertain, if possible, the last known owner of record of the abandoned motor vehicle and any lienholder and shall transmit such relevant information to the department. (b) Notices to owners and interested parties, hearings. (1) The police department, upon its receipt of a response from the department of revenue, shall determine, from all available information and after reasonable inquiry, whether or not the abandoned motor vehicle has been reported stolen, and if so reported, the police department shall recover and secure the motor vehicle and notify its rightful owner and terminate the abandonment proceedings Page 4 of9 under this article. The department shall have the right to recover from the owner the cost to recover and secure the motor vehicle (2) The police department, within ten (10) working days of the receipt of a response from the department of revenue, shall notify by certified mail or personal delivery the owner of record, if ascertained, and any lienholder, if ascertained, of the fact of such response from the department of revenue and the claim, if any, of a lien on the vehicle, and shall send a copy of such notice to the operator The notice shall contain information that the identified motor vehicle has been reported to the department of revenue, the location of the motor vehicle and the location from which it was towed, and that, unless claimed within thirty (30) calendar days from the date the notice was sent, as determined from the postmark on the notice, the motor vehicle is subject to sale Such notice shall also inform the owner of record of his opportunity to request a hearing concerning the legality of the towing of his abandoned motor vehicle, and to contact the police department for that purpose Such request shall be made in writing to the police department within ten (10) days of the postmarked date of sending such notice Such hearing, if requested, shall be conducted by the chief or his designee in accord with the following minimum due process procedures The owner shall be entitled to be represented by legal counsel of his choosing and to call such witnesses for relevant testimony and to produce such relevant evidence as he desires - The owner shall be entitled to review any evidence presented against him and to rebut the same The record of the entire proceedings shall be made as determined by the hearing officer Oral evidence need not be taken on oath or affirmation, unless requested by the owner or the hearing officer The decision shall be made within three (3) days of the hearing and shall be in writing and shall determine all issues presented In the event it is determined at the hearing that the motor vehicle was illegally towed, all towing charges and storage fees assessed against the vehicle shall be forgiven (Ord No 1995-994, & 2, 4-10-95) Sec. 13-45. Appraisal, sale. (a) Public tow abandoned motor vehicles or motor vehicles abandoned in an impound lot subsequent to a public tow shall be appraised and sold by the purchasing agent at a public or private sale, as determined in his sole discretion, held not less than PagcSof9 thirty (30) days after the date of the notice required by section 13-44 was mailed Any vehicle appraised at a value of less than one-thousand dollars ($1,00000) shall become the property of the operator in full satisfaction of the costs of recovery, towing and/or storage for that vehicle and shall discharge the city of any further responsibility in connection with such vehicle (b) If the appraised value of an abandoned motor vehicle sold pursuant to this article is two-hundred dollars ($200 00) or less, the sale shall be made only for the purpose of junking, scrapping or dismantling such motor vehicle, and the purchaser thereof shall not, under any circumstances, be entitled to a Colorado certificate of title The chief shall cause to be executed and delivered a bill of sale, together with a copy of the report described in subsection 13-44 (a) (2), to the person purchasing such motor vehicle The bill of sale shall state that the purchaser acquires no right to a certificate of title for such vehicle The chief shall deliver a copy of such report of sale to the purchaser of the motor vehicle (c) If the appraised value of an abandoned motor vehicle sold pursuant to this section is less than one-thousand dollars ($1,000), the sale may be made for any intended use by the purchaser thereof The chief shall cause to be executed and delivered a bill of sale, together with a copy of the report described in subsection 13-44 (a) (2) and an application for a Colorado certificate of title signed by a legally authorized representative of the department, to the person purchasing such motor vehicle The purchaser of the abandoned motor vehicle shall be entitled to a Colorado certificate of title upon application and proof of compliance with the applicable provision of the "Certificate of Title Act," ~~ 42-6-101, et seq , Colorado Revised Statutes (as amended), and the applicable regulations of the Colorado Department of Revenue - (d) Any vehicle appraised at a value of one-thousand dollars ($1,000 00) or more may be sold by the purchasing agent at public auction Prior to the public auction, the purchasing agent shall cause a notice of sale to be published describing the vehicle to be sold, the names of all persons, if any, known to claim an interest in the vehicle, and the times and place of the sale The notice of sale shall be at least once in the newspaper of general circulation in the city The sale shall be held within ten (10) days of the date of the first publication The purchasing agent may contract with any person or party to conduct the public auction authorized by this section (e) The purchasing agent shall issue a bill of sale without warranty to the purchaser of a vehicle at an auction held pursuant of subsection (d) of this section There shall be no right of redemption from any sale made pursuant to this section, nor shall the city or any of its officers, agents or employees be liable for the failure to deliver a vehicle to any person or party other than the purchaser at such auction Sec. 13-46. Liens upon towed motor vehicles. (a) Liens upon towed motor vehicles Whenever an operator recovers, removes or stores a motor vehicle upon instructions from any duly authorized member of the police Page 60f9 department who has determined that such motor vehicle is an abandoned motor vehicle, such operator shall have a possessory lien upon such motor vehicle and its attached accessories or equipment for all costs of recovery, towing, storage and appraisal Such lien shall be a first and prior lien on the motor vehicle, and such lien shall be satisfied before all other charges against such motor vehicle (b) Perfection oflien The lien referenced in section 13-46 (a) shall be perfected by taking physical possession of the motor vehicle and its attached accessories or equipment. (c) Foreclosure of lien Any motor vehicle and its attached accessories and equipment subject to the possessory lien provided for in section 13-46 (b) and not redeemed by the last known owner of record or lienholder, after such owner or lienholder has been sent notice of such lien by the Chief or designee shall be sold in accordance with the provisions of sections 13-46 and 13-47 of this article Sec. 13-47. Proceeds of sale. - (a) If the sale of any motor vehicle and its attached accessories or equipment under the provision of section 13-46 produces an amount less than or equal to the sum of the charges of the operator who has perfected a lien, then the operator shall have a valid claim against the owner of record for the full amount of such charges, less the amount received upon the sale of such motor vehicle Such charges shall be assessed in the manner provided for in the provisions of any towing agreement in force between the city and an operator If no such towing agreement is in force, the charges shall be assessed in the manner provided for in C R.S 942-4-1810 (2) (a), (as amended) (b) If the sale of any motor vehicle and its attached accessories or equipment under the provisions of section 13-46 of this article produces an amount greater that the sum of all charges, any balance remaining shall be transmitted to the department of finance of the city, which shall credit the same to the general fund of the city Sec. 13-48. Authority to establish tow list and rules and regulations with operator. Authority is hereby expressly delegated to the chief of police to maintain a rotating tow list, should he so desire, pursuant to the rules and regulations for the licensing and operation of licensed tow operators in the city, with one or more operators for the purpose of carrying out the duties specified Pursuant to these rules and regulations, the chief may delegate the authority and responsibility to the operator to investigate the question of ownership of any vehicle and to complete such administrative functions as required Pursuant to these rules and regulations the administrative responsibilities delegated to the operator shall be specified and shall also specifically provide for indemnification of the city by the operator for or on account of any liability accruing from any error in the execution of, or failure to execute, any of the duties and responsibilities Page70f9 specified in these sections 13-41 through 13-48, inclusive, which are assigned and delegated to the operator pursuant to said rules and regulations (Ord No 1995-994, & 2, 4-10-95) Sec. 13-49. Exemptions. (a) Nothing in this article shall be construed to include or apply to the driver of any disabled motor vehicle who temporarily leaves such vehicle on the paved or improved and main-traveled portion of a roadway, subject, when applicable, to the emergency lighting requirements set forth in C R.S 9 42-4-230, (as amended) (b) Nothing in this article shall be construed to include or apply to authorized emergency motor vehicles while such vehicles are actually and directly engaged in, coming from, or going to an emergency (c) Nothing in this article shall be construed to include or apply to abandoned vehicles kept as evidence for either criminal or civil cases by the department. (Ord No 1995-994, & 2, 4-10-95) Sec. 13-50. Violations; penalty. Any person who violates any of the provisions of section 13-42 shall, upon conviction, be punished by a fine of not more than four hundred ninety-nine dollars ($499 00) Any person violating the provisions of section 13-42 hereof shall be subject to the following minimum fines, which may not be suspended in whole or in any part by the Court: - (1) Fifty dollars ($50 00) for the first offense (2) One hundred dollars ($10000) for the second offense (3) Two hundred dollars ($200 00) for the third offense (4) Three hundred dollars ($300 00) for the fourth or subsequent offense(s) (Ord No 1995-994, ~ 2, 4-10-95) Sec. 13-51. Parking on city-owned property. (a) The public works director is authorized to promulgate regulations governing the parking of motor vehicles on city-owned property and to provide for the enforcement of such regulations by towing and storing the motor vehicle at the expense of the registered owner of the vehicle or by imposing an administrative fine not to exceed twenty-five dollars ($25 00) against the registered owner Any regulations promulgated by the public works director shall be ratified by resolution of the city council Page 80f9 (b) If the public works director or the director's designee elects to tow and store a vehicle as provided by subsection (a) of this section, such towing and storage shall be undertaken in accordance with the procedures applicable to abandoned vehicles contained in subsection (b)(1) through and including (b)(4) of section 13-44 of the Wheat Ridge Code of Laws Any vehicle towed pursuant to subsection (a) of this section and not claimed by the registered owner within thirty (30) days following such towing may be declared abandoned and treated in accordance with the provisions of this chapter pertaining to abandoned vehicles. (c) A violation of any regulations promulgated in accordance with this section or a failure of any registered owner to pay an administrative fine imposed pursuant to subsection (a) of this section shall constitute a violation of this section (d) In lieu of the imposition of an administrative fine or towing as provided in subsection (a), or in the event of nonpayment of an administrative fine imposed pursuant to this section, and at the discretion of the public works director, the public works director may file a complaint in the municipal court charging a violation of this section The municipal court shall have the jurisdiction to hear and decide all such complaints filed with the municipal court and, upon conviction of the defendant, may impose punishment as provided at sections 1-5 and 1-6 of this Code Sees. 13-52--13-60. Reserved. - - Page 9 of9 EXHIBIT B RULES AND REGULATIONS FOR THE LICENSING AND OPERATION OF LICENSED TOW OPERATORS IN THE CITY OF WHEAT RIDGE, COLORADO fA TTACHED] - Exhibit B RULES AND REGULATIONS FOR THE LICENSING AND OPERATION OF LICENSED TOW OPERATORS IN THE CITY OF WHEAT RIDGE, COLORADO CONTENTS I. INTRODUCTIONS II. RULES AND REGULATIONS GENERALLY A Standards of Conduct B Laws, Ordinances, and Regulations C Licenses and Permits D Cooperation with the Department E Limitations F Disputes G Supervision and Rule Making Power - III. METHODS OF OPERATION A. Protection and Handling of Vehicles B Removing Debris C Property In Vehicles D Response Time E BUSiness Hours F Collection of Fees G Rates and Charges H Disposal of Abandoned Vehicles Reclaimed Vehicles when Owner/Authorized Agent Refuses to Pay Towing and Storage J Tow Authorization K. Repair Authorization L Inventory List IV. LAND AND EQUIPMENT REQUIREMENTS A Storage Lot - B TOWing Units ReqUired C Communication EqUipment V. INSURANCE REQUIREMENTS VI. EQUAL OPPORTUNITY EMPLOYER VII. EMPLOYMENT VIII. RESPONSIBILITY OF OFFICIAL POLICE CONTRACTOR TO READ, UNDERSTAND AND COMPLY WITH REGULATIONS IX. HOLD HARMLESS CLAUSE X. PRICE SHEET (ATTACHMENT B) - 2 RULES AND REGULATIONS FOR THE LICENSING AND OPERATION OF LICENSED TOW OPERATORS IN THE CITY OF WHEAT RIDGE, COLORADO INTRODUCTION These rules and regulations constitute the rules of operation to which the Contractor will be subject. The specifications are intended to outline basic requirements designed to ensure a high degree of citizen proteclion. Official Police Contractor (hereinafter called Contractor) will be responsible for the towing, storing, and safeguarding of abandoned motor vehicles taken into custody, and all motor vehicles held for investigation by the Wheat Ridge Police Department. At the request of the police department, the Contractor will also tow and store any disabled vehicle. These rules and regulations are promulgated by the City of Wheat Ridge, Colorado, pursuant to the authority contained in the towing contract Code of Laws of the City of Wheat Ridge, Section 13-48 The rules and regulations set forth herein are determined by the City of Wheat Ridge to be necessary to ensure the inhabitants of and other persons within the City of Wheat Ridge safe, efficient, and dependable towing and impounding service The Chief of Police shall have the authority to appoint a department liaison(s) as his official representative in matters dealing with the Contractor II. RULES AND REGULATIONS GENERALLY A Standards of Conduct - The Contractor shall conduct Its business in an ethical, orderly manner and shall at all times maintain a courteous and helpful attitude toward all citizens and City officials. Impound Facilities Will be held responsible for the acts of their agents, servants, operators, and employees in the performance of any service for the City of Wheat Ridge. B Laws, Ordinances, and ReQulatlons The Contractor shall abide by all applicable laws and ordinances regulating tow units and impound, towing, storage, and disposition of vehicles. The Contractor shall also abide by any regulations made pursuant to the authority granted under the provisions of this document. C Licenses and Permits The Contractor must have or obtain a valid and current City Business/Use Tax License to do business in the City of Wheat Ridge The Contractor must also have and keep in full effect and force, a valid and current Public Utilities Commission permit to operate a wrecker service. Impound Facilities shall be subject to all statutes and all rules and regulations of the Public Utililies Commission applicable to the operation of a wrecking service as are now or hereafter shall be In force. D Cooperalion with the Department Tow operators shall abide by all lawful instructions of employees of the police department and shall be reqUIred to cooperate with the police department in removing hazards, illegally parked motor vehicles, and In impounding motor vehicles. Police department employees shall likewise recognize the limitations of tow operations, and shall cooperate with the tow operator to the extent necessary to complete the task at hand. D Limitations 3 Nothing contained herein shall restrict, or be construed to restrict, the right of the Contractor to provide towing services to persons other than the City of Wheat Ridge, so long as the provision of such services does not interfere with the efficient performance of the duties of the Contractor according to the specifications stated in this document. E. Disputes The Chief of Police, or his designee, shall resolve any disputes arising under the terms of this document. F Supervision and Rule Makino Power All records, equipment, and storage facilities used to conduct the business of the Contractor shall be subject to periodic inspection and approval by the Chief or his designee III. METHODS OF OPERATION A. Protection and Handlino of Vehicles It shall be the duty of the Contractor to protect all motor vehicles in its custody and the Contractor shall be liable for any loss or damage caused by negligence of ItS employees, agents, or servants. Vehicles to be stored at the Impound Facility shall be reasonably secured at the scene of the tow and removed directly to the lot Upon arrival at the lot, entrance to the vehicle shall be limited to that required to remove wheel tie-down equipment, locking the transmission gear, or only as required by the performance of legitimate business The Contractor is required to store all other vehicles Impounded during the term of the Contractor's agreement with the City, until such vehicles are lawfully released, sold, or disposed of The City will pay no tow or storage on said vehicles, except in accordance with - the rules and fees in effect at the time of expiration of the agreement The Contractor shall allow the registered owner to view the abandoned or disabled vehicle to enable the reglstere':J owner to decide whether or not he desires to claim the vehicle. B RemovlnO Debris The Contractor shall be required to remove glass and debris deposited upon the roadway by the disabled vehicle for which he has received authorization to tow In addition, any grease or oil slick deposited on the roadway must be adequately covered with dirt or grease absorbing chemical C Propertv In Vehicles The Contractor shall immediately notify the police department on-duty watch supervisor of the existence of any property of value weapons, or contraband which is found in any vehicle towed at the request of the Wheat Ridge Police Department Officers shall conduct a vehicle inventory per departmental policy The vehicle inventory shall be listed on the tow sheet All other property of little or no monetary value left inside abandoned vehicles may be disposed of at the dlscrelion of the Contractor after the abandoned vehicle process is completed and the vehicle is available for sale or destruction. The Contractor shall allow the registered owner or designee to view the vehicle and retrieve any personal property left inside any abandoned or disabled vehicle ordered towed by the police department regardless of whether or not the registered owner has paid fees owed for the towing and storage of said vehicle The registered owner or designee may not remove any Items attached to or part of the vehicle The registered owner shall not be given access 4 - - to property contained in any vehicle held for investigation by the Police Department unless specifically authorized by the Police Department. The Contractor shall allow the registered owner or designee to take still photographs and/or video tapes of both the interior and exterior of only their vehicle. In those cases where the registered owner chooses to designate another person to view the vehicle, retrieve personal property or take photographs/video of the vehicle, the registered owner shall provide to the Contractor a notarized letter naming his/her designee The registered owner or designee shall not be given access to property contained in any vehicle held for investigation by the police department unless specifically authorized by the police department D Response Time The Contractor does hereby agree to respond to a call within thirty (30) minutes If for any reason, a towing unit is unable to respond within thirty (30) minutes to any official request for activity, the Contractor shall so inform the Wheat Ridge Police Department, and shall state the reasons for inability to respond to the request and the estimated time when a response can be made. If necessary, the Police Department may then request that another tow Contractor be requested to respond and the Contractor shall bear any additional expense of hiring the other tow unit E Business Hours Impound Facilities shall be open a designated minimum of forty (40) hours per week (during reasonable, standard business hours) to release vehicles to persons authorized in writing to receive them. If a vehicle release is requested during other than normal business hours, the Contractor may charge a reasonable service charge, as set forth on the attached Quotation Sheet, for the release in addition to normal storage and towing charges. During reasonable business hours, the registered owner or designee may view the vehicle at no charge. Any after-hours release shall be at the discretion of the Contractor, unless the release is specifically requested by a Command Officer of the Wheat Ridge Police Department F Collection of Fees The Contractor shall collect fees for the towing and storage of vehicles requested to be impounded by the Police Department The fees collected shall be in the amounts set forth on the attached Quotation Sheet except as specified in Section III ,H All fees shall be collected at the office of the Contractor No fees shall be accepted by the Contractor on any vehicle impounded by the police department unless the proper authonzatlon for release has been obtained for the vehicle G Rates and CharQes Any motor vehicle ordered to be held pending investigation by the Wheat Ridge Police Department or other lawenforcement agency shall accrue no storage charge during the period for which the vehicle is so held When a vehicle is released from a hold by the Wheat Ridge Police Department, storage charges will not accrue unlil 5 30 p.m. that day Towing charges on vehicles pending investigation shall be paid by the vehicle owner or other person authorized to receive the vehicle, unless, because of extenuating circumstances, a command officer of the Wheat Ridge Police Department determines that these charges should be paid by the City There IS no charge for towing city-owned vehicles except that a tow of a city vehicle beyond 25 miles extended from any Wheat Ridge City limit will be charged at $1 00 per mile beyond the 25-mile limit 5 H Disposal of Abandoned Vehicles Appraisals Upon receipt of a completed copy of the Title Impound Vehicle Information Request (DR2008) with Section 5 signed and the date of notification to the owner included, the Contractor shall prepare the Bill of Sale for Abandoned or Towed Vehicles (DR2173) to include the Wheat Ridge Police Department case report number, the vehicle identification number, and vehicle description section of the form. The vehicle identification number and vehicle description shall be filled in from the signed copy of the DR2008 There are to be NO STRIKE OVERS, and handwriting must be neat and legible The Bill of Sale for Abandoned or Towed Vehicles (DR2173) shall be provided by the Contractor to the appraiser of choice of the Wheat Ridge Police Department The Contractor shall locate and clearly mark the vehicles to facilitate timely completion of the appraisal process. 2 Vehicles Valued at $1000 or More Any motor vehicle with an appraised value of One Thousand and no/100 Dollars ($1,00000) or more, which is impounded by the Wheat Ridge Police Department and which is not claimed within thirty (30) calendar days of the date upon which notice of the impoundment is given to the owner of record, may be sold by the City of Wheat Ridge The City of Wheat Ridge may choose to apply for title and keep the vehicle or the City may contract With a private auctioneering firm to conduct any public sale of abandoned vehicles. Vehicles to be auctioned may be removed from the Contractor by the City to another facility The Contractor will be reimbursed towing charges. 3 Vehicles Valued at less than $1,000 - Any motor vehicle with an apprised value at less than One Thousand and no/100 Dollars ($1,000 00) which IS impounded by the City of Wheat Ridge, and which is not claimed within thirty (30) days of the date upon which notice of impoundment was given to the owner of record, shall be turned over to the Contractor Vehicles appraised at $200 or less may be used only for parts or scrap, and no litle shall be applied for to the State of Colorado for any such vehicle. The release of these vehicles to the Contractor shall satisfy in full all costs of handling, storage, and towing services of the vehicle 4 Required Forms The Contractor shall Within 72 hours after impounding of any vehicle initiate a form DR2008, and forward to the Wheat Ridge Police Department 5 Confiscated Vehicles Any motor vehicle taken into custody as a result of an arrest or seizure made incident to a federal drug, liquor or firearm violation, or any vehicle declared by a court of competent Jurisdiction to be a Class I public nuisance is subject to confiscation, and may thereby become the property of the confiscating jurisdiction. When any such vehicle becomes the property of the Wheat Ridge Police Department, the City shall not be obligated to pay any storage charges accrued on said vehicle 6 Private Tow A private tow is defined as any tow the Contractor performs in which no Impound 6 Report is created by the Wheat Ridge Police Department. Towing of any city vehicle is not considered a private tow Processing under the State Abandoned Vehicle Laws of Private Tow Vehicles is the sole responsibility of the Contractor Reclaimed Vehicles When Owner/Authorized Aqent Refuses to Pay Towinq and Storaqe Charqes The Contractor shall not be required to release any vehicle until the lien granted by C R.S S 42-4-1807 has been satisfied. J Tow Authorization Before the Contractor may commence a tow within the City of Wheat Ridge, he shall secure the consent of the registered owner, legal owner, person in control, driver, or authorized agent of any of then, or other person having a legal right to possess the vehicle, or from a Wheat Ridge police officer, or from the owner or person in lawful possession of private property where the vehicle is located or the agent or employee of either of them for the towing of a parked vehicle parked in violation of the terms of the Wheat Ridge Municipal Code. K Repair Authorization No Contractor employee shall make any repair of a vehicle without written authorization of such repair by the person to be charged therefor, and in compliance with applicable state law on motor vehicle repair charges. - The Contractor shall make no charge for towing services other than as specifically stated in the tow bill and towing authorization form furnished by the person authorizing the tow prior to the commencement of the tow; provided, however, that an additional charge for a service performed may be made if occasioned by an emergency or other unforeseen circumstance which occurs after the commencement of the tow It shall be the responsibility of the Contractor to provide to the person authorizing the tow a statement of any such additional charges together With a clear, concise written statement of the circumstances which gave rise to the need for the additional service and reasons why these circumstances could not have been reasonably anticipated or discovered before the commencement of the tow The burden of establishing the validity of such additional charges shall be upon the Contractor No alteration, change or amendment In any tow bill or towing authorization, which results in additional charges, shall be allowed except as provided in this section. The Contractor may make emergency alterations necessary to remove a vehicle from the scene by towing, but shall not make any charge for any such alteration unless such charge IS listed upon the tow bill and furnished to the other person authorizing the tow prior to the commencement of the tow L Inventorv List The Contractor shall provide a complete accrual inventory of all impounded vehicles, and a list of all released vehicles for the current week to the Wheat Ridge Police Department by 500 p.m each Thursday The inventory shall include all activity through the previous day at 5 30 P m The Inventory shall include as a minimum of the following information. a. Wheat Ridge Police Department case report number b Year, Make, Model, Color of vehicle c. Vehicle Identification Number d. License number e. Impound Date 7 f Status (ie., Hold) g 2006 Form to Wheat Ridge Police Department - date h. Appraisal date/'Jalue I. Date Bill of Sale received or vehicle auctioned NOTE. Each inventory shall include "a" through "f' above with "g" through "I" added the week each of these dates occur for each impounded vehicle. IV LAND AND EQUIPMENT REQUIREMENTS A. Storaqe Lot Impound Facilities shall provide a storage lot. The storage lot shall be graded, provided with sufficient drainage to prevent accumulation of standing water, enclosed with a security fence at least six feet (6') high, and should be lighted during hours of darkness Impound Facilities shall also provide an enclosed garage with locking doors capable of holding at least two full- sized vehicles and work space to process vehicles to be separately and safely secured upon request of the police department. The garage shall be lighted and shall have a floor of concrete or similar material. Impound Facilities and storage lots will comply with all zoning ordinances and regulat:ons of the jurisdiction where located. Vehicles shall be processed by the police department as soon as is practicable Impound facilities shall be inspected and approved by the Chief or his designee pflor to authorization of a towing contract. B Towinq Units Required The Contractor operator shall have at least three towing vehicles including immediate access to one heavy duty towing unit. A heavy duty towing unit will be used 1) whenever a vehicle to be towed has three to more axles or has a gross weight in excess of 10,000 pounds, and 2) whenever an officer of the police department determines after investigation that a heavy duty tow unit is necessary Towing units shall comply with all applicable safety standards as required by the Department of Transportation and State of Colorado - Tow units will be equipped with all applicable tools and equipment as necessary to perform the function of a professional tow company C Communication Equipment Each towing unit of the Contractor shall be equipped with a two-way radio or telephone Each unit shall be capable of communicating with the office of the Contractor either by radiO or telephone A dispatcher capable of communicating with each unit shall be available by telephone at all times V. INSURANCE REQUIREMENTS A The Contractor, prior to commencing work, shall provide (at its own cost and expense) proof of the following insurance to the City of Wheat Ridge Such insurance shall be obtained from financially responsible insurance companies licensed in the State of Colorado and acceptable to the City of Wheat Ridge Prior to cancellation of or material change in any required policy, a minimum of thirty (30) days written notice shall be given to the Risk Manager of the City of Wheat Ridge by means of registered mail - return receipt requested. B ReqUired Coverage shall be as reqUired by the Department of Transportation and Public Utilities CommiSSion rules and regulations All poliCies and/or certificates of insurance shall include the City of Wheat Ridge as an additional named insured 2 Underwflters shall have no right of recovery or suborgation against the City of Wheat Ridge, It being the intent of the parties that the insurance policies in effect shall protect both parties and be primary coverage for any and all losses covered by the 8 described insurance. 3 The clause entitled "Other Insurance Provisions" contained in any policy including the City of Wheat Ridge as an additional named insured shall not apply to the City of Wheat Ridge. 4 The insurance companies issuing the policy or policies shall have no recourse against the City of Wheat Ridge for payment of any premiums due or for any assessments under any forms of any policy 5. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the contractor All insurance policies and/or certificates of insurance shall be approved by the City of Wheat Ridge prior to the inception :Jf work. Additional coverage and/or higher limits of liability may be required by the City of Wheat Ridge dependent on the particular services contracted for If any of the said policies shall be or at any time become unsatisfactory to the City as to form or substance or if a company issuing any such policy shall be or at any time becomes unsatisfactory to the City, the Contractor shall promptly obtain a new policy and submit same to the Risk Manager of the City of Wheat Ridge for approval and thereafter submit a certificate of insurance as herein above provided. Upon failure of the Contractor to furnish, deliver, and maintain such insurance as provided herein, this contract, at the election of the City of Wheat Ridge, may be immediately declared suspended, discontinued or terminated. Failure of the Contractor in obtaining and/or maintaining any required insurance shall not relieve the contractor from any liability under the contract, nor shall the insurance requirements be construed to conflict with the obligations of the contractor concerning indemnification. - VI. EQUAL OPPORTUNITY EMPLOYER Official Police Impound Facilities will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, nor will Impound Facilities illegally discriminate against such persons because of age. Impound Facilities will take affirmative action to ensure that such applicants are employed Impound Facilities agree to post in conspicuous places available to employees and applicants for employment, notices to be provided by an agency of the Federal Government setting forth the provIsions of the Equal Opportunity laws. VII. EMPLOYMENT No person shall be employed in any capacity or function of an a Contractor until an initial background Investigation has been completed and hiS character and fitness to participate in towing operations of the Contractor have been established to the satisfaction of the Chief of Police of the Wheat Ridge Police Department or his designated representative. This may require investigation by the police department. The owners and managers of the Contractor shall be responsible for the quality, character and actions of their employees VIII. RESPONSIBILITY OF OFFICIAL POLICE IMPOUND FACILITIES TO READ, UNDERSTAND, AND COMPLY WITH REGULATIONS A copy of these regulations and all amendments thereto shall be furnished to the Contractor The owners and managers of the Contractor shall familiarize themselves with these regulations and it shall be their duty to require their agents, servants, operators, and employees to comply strictly and fully with the terms of these regulations IX. HOLD HARMLESS CLAUSE All Police Impound Facilities agree and covenant to save and hold harmless the City of Wheat Ridge, its police department, agents, employees, and Contractor from and against all claims, damages, 9 causes of action and suits which may arise by reason of the acts, omissions, or failures to act, of said Contractor, its agents, employees or contractors. - 10 ITEM NO' '3 I REQUEST FOR CITY COUNCIL ACTION COUNCil., MEETING DATE: September 25,2006 TITLE: RESOLUTION NO. 44-2006, A RESOLUTION APPROVING AN AMENDMENT TO THE INTERGOVERNMENTAL COOPERA TION AGREEMENT WITH JEFFERSON COUNTY CONCERNING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM o PUBLIC HEARING o BIDSIMOTIONS ~ RESOLUTIONS o ORDINANCES FOR 1ST READING (Date _) o ORDINANCES FOR 2ND READING - QuasI-JudIcIal 0 ~ Yes No uimk Commumty Development Director CIty~~l EXECUTIVE SUMMARY: Thc City onVheat RIdge IS not an entItlement cIty undcr the federal Commumty Devclopment Block Grant (CDBG) program. Funds are madc avallable to the CIty through Jefferson County An Intcrgovernmcntal cooperatIOn agreement between the City and Jefferson County was SIgned last year and rcplaced the ongmal agreement and sevcral amendments. The current agreement establIshes the amount of JunsdlctlOnal allocatIOn to the varIOUS partIcipating JunsdlctlOns, ThIS amendment to the agreement bctween the Clly and Jefferson County adds a provIsIon that allocated funds must be expendcd for approved projects wlthm thirtY-SIX months after allocatIon. runds uncxpcnded after that penod may at the optIOn of the County, be redIstributed and reallocated by the County for other chglble projects, ApproVing the amendmcnt Implements CouncIl's goal of crcatmg a sustamable cIty govcrnment by continued partiCipatIOn In the CDBG program, which makes fundmg avallable for projects that otherWise might not bc fundcd, It also Implements the goal of creatmg a strong partnershIp WIth the regIOn by agreemg to expend CDBG funds m a timely manner and agreemg that unexpended funds may be reallocated. COMMISSIONIBOARD RECOMMENDATION: Not reqmred. STATEMENT OF THE ISSUES: The use of CDBG funds IS controlled by federal polICies and regulatIOns, Unexpended funds eventually may have to be returned to the federal government, and In such cases Jefferson County loses out on ItS fair share of CDBG funds. The three-year tIme frame for expenditure of the funds recogruzes that Invanably there are delays In startIng projects, but a JunsdlctlOn shouldn't hold on to funds mdefimtely because there are worthwrule projects m other communitIes that could be funded. ALTERNATIVES CONSIDERED: None, FINANCIAL IMPACT: The amendment makes CDBG funds avaIlable for up to a three-year penod for projects. The CDBG program proVides fundmg for projects that otherWise might not be funded, RECO:\Il\1ENDED MOTION: - "I move to adopt ResolutIOn 44-2006 " Report Prepared by' Alan White ReViewed by: Attachments: ResolutIOn 44-2006 RESOLUTION NO. 44 Series of 2006 TITLE: A RESOLUTION APPROVING AN AMENDMENT TO THE INTERGOVERNMENTAL COOPERATION AGREEMENT WITH JEFFERSON COUNTY CONCERNING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WHEREAS. the Wheat fudge City Council adopted ResolutIOn No 1354, Senes 1993, approvIng an Intergovernmental cooperatIOn agreement; and amended saId agreement on December 21, 1993, December 20, 1994, February 10, 1997 and October 24, 2005, and, WHEREAS, It IS deSIred by the partIes to amend the Intergovernmental cooperation agreement to c1an!y the time frame for the dIstributIon of CDBG funds, l\'OW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The Wheat RIdge C:ty Council hereby approves the amendment to the Intergovernmental cooperatIon agreement WIth Jefferson County concernIng the Commumty Development Block Grant as sho\vn on attached ExhibIt A as paragraph 5c - DO;.iE AND RESOLVED THIS day of ,2006 JERRY DITULLIO, MAYOR ATTEST PA\IELA I' -\;--iDERSON. CITY CLERK - ATTACHMENT 1 ~ ------. ~ -. .~- _. ---.-" EXHI-BIT A do not affirmatively further faIr housmg wltlun theIr own Junsdlction or if the CltJ.es Impede the County's actIOns to comply WIth the County's falI housmg certlficatJ.on, Tlus proviSIOn is reqUlred because non- compliance by the CItJ.es mcluded in an urban county may consl1tute non-compliance by the urban county, whIch may prOVIde cause for fundmg sanctIOns or other remedIal action by HUD 5 Distribution of Funds. a, Admmlstrative AllocatIOn. The County may retam no more than twenty percent (20%) of the total CDBG funds allocated to the County for purposes of general oversIght, management, coordmatlon, and related costs ("Admimstratlve Allocation"), b JunsdlCtlOn AllocatIOn. The funds remammg after the AdmmlstratlVe Allocation IS subtracted from the total CDBG funds shall be allocated to the vanous Partlclpatmg Junsdlctlons and the County based upon the representatIve percentage of low/moderate mcome populatIOns m the Partlcipatmg JumdIctIons or the County, as establIshed for the Urban County by HUD ("JunsdlctIOn AllocatIOn"), The project applIcatIOn and approval process set forth m Paragraph 6 below shall be followed. c All allocated funds must be expended for approved projects wnhm thIrty-SIX (36) - months after the allocatIon to the Partlclpatmg City An} funds remammg unexpended at the end of said thIrty-SIX (36) month penod may, at the County's optIOn. be redIstributed and reallocated by the County for other eligible projects wlthm the County 6. Project Application and Approval Process a. Project applications from the (ounty, the CItIes and other ellgible applicants will be re\'rewed by the Community Develtlpment \.1\'1'01' Board (CD AdVISOry Board) usmg evaluation cr:ten:! set forth m the applicable Consolidated Plan and the goals of the Board of County ComnmSloners, HIgher pnonty shall be gIven to eligrble proposals submItted by the County and the It:e, ,0 long as proposals are consistent With the applicabk Consolidated Plan b The deCISIon fm determmillg what funds receive block grant fundmg IS the ,e'ilo:l"btl Ity of the Jefferson COJ.:rty Board of County CommISSioners. ITEM NO' ~ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: September 25, 2006 '~$~ " ...8...=.-_ TITLE: RESOLUTION 45-2006: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE IN OPPOSITION TO PROPOSED AMENDMENT 38 TO THE COLORADO CONSTITUTION (also known as the "Petitions Amendment") CONCERNING COLORADO'S INITIATIVE AND REFERENDUM PROCESS o PUBLIC HEARING o BIDS/MOTiONS i:8J RESOLUTIONS o ORDINANCES FOR I ST READING (Date _) o ORDINANCES FOR 2ND READING QuasI-JudICial. o Yes i:8J No - .----- - ~ rJ---rl.A_ ~ EXEClJTIVF: SUMMARY: Attached IS a resolutIOn ofoppOSl110n to Amendment 38 to the Colorado ConstItutIOn. also known as the "Petll1ons Amendment" concerning Colorado's InItlal1ve and reterendum process. The backup materIal Includes the text of the initial1ve. a memorandum recommending oppositIOn from the Colorado MUnicipal League. and a memorandum from the CItizens for PetitIOn RIghts listing twelve (12) reasons to support the Inil1al1ve COMMISSIONfBOARD RF:COMMENDATION: N/A STATEMENT OF THE ISSUES: Proponents of the Inll1atlve state that the proposed amendment WIll SImplifY and clanfy the initIative process and make It uniform for all governmental entitIes. including local government. It proVides that all voter approved Inlllal1ves may be altered only by future voter approval; Opponents state that the proposed amendment wIll empower a very small minorIty to take an issue to the ballot by reducing the sIgnature reqUIrement and superseding home rule charters, This amendment may slow down the legIslative and zoning/development process, force taxpayers to pay for polItIcal advertiSIng for one side of a political Issues, increase personal lIabilIty for publIc employees, and reduce the first amendment fIght of those employees and their famIhes to free speech, ALTERNATIVES CONSIDERED: Do not approve the ResolutIOn. FINANCIAL IMPACT: Approval or dental of the resolution has 110 fiscal Impact, however, If the proposed amendment were to pass, opponents argue that local governments wIll bear finanCIal repercussions that range from legal lIabIlity due to Incrcased laWSUIt actIVIty, increase administratIve costs for the petitIOn process, personal lIabIlity for local oftiCIals and public employees, and potentIally hamper economic development efforts due to Increased duratIOn of development challenges by petitIon. RECOMMENDED MOTION: "1 move to approve RESOLUTION 45-2006 " or. "I move to deny the approval of RESOLUTION 45-2006 for the follOWIng - reasons Attachments: ') ResolutIOn 45-2006 Amendment 38 text. Colorado Muntclpal League Memorandum Cllll.ens for PelIllon Rights Talkmg Pomts m Support. 3 4 RESOLUTION 45 Series of 2006 TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE IN OPPOSITION TO PROPOSED AMENDMENT 38 TO THE COLORADO CONSTITUTION ( also known as the "Petitions Amendment") CONCERNING COLORADO'S INITIATIVE AND REFERENDUM PROCESS WHEREAS, an initiated constitutional amendment, Amendment 38 to the Colorado ConstitutIOn, has been certified for consideration by the voters of the State of Colorado at the November 7, 2006 electIOn, and WHEREAS, this measure conflicts With, and proposes to supersede, numerous proviSions of the lJ S and the Colorado ConstitutIOns, existing state statutes and local laws, and the citizen-adopted Charters of home rule Cities that have effectively balanced the nghts of the minority With the deSires of the maJonty for over one hundred and twenty-five years; and WHEREAS, this measure seeks to drastically lower the standards for placing measures on the ballot such that the abilIty for citIes to proVide everyday muniCipal government operatIOns and services would be paralyzed. and - WHEREAS, this measure would allow a disproportIOnately small number of disenchanted people to force mUnicipalItIes to hold costly specIal electIOns at the expense of Colorado taxpayers, and WIIEREAS, this measure wtll discourage .lob-producing bUSinesses and Industry from locating In Colorado's cities because of the delay and uncertainty Inherent In the deCISIOn-making processes of our elected local government officials; and WIIEREAS. this measure. If adopted. will become the subject of extensive lItigatIOn, all at great cost and expense to the taxpayers. and WIll ultimately be found to Violate vanous sectIOns of the U ,S ConstitutIon. including the free speech nghts of municipal employees, and WHEREAS. thiS measure would force local governments. at the expense of all taxpayers regardless of whether they support or oppose the proposed measure. to print and deliver petitIOns to ailyone who asks and to subsidIze the efforts of proponents by pnntlng and mailIng their 1.000 word statement to every regIstered voter In the muniCIpalIty whtle denYing equal treatment to those who may oppose the measure; and WHEREAS, thiS measure would make publIc offiCials strictly lIable for any honest mistakes they may make In reVIewing petitions and Imposes an automatic $3,000 penalty for such mistakes. which will make It extremely difficult, if not impossible. to get any public employee to do thiS work. and WHEREAS, the existing process for initiating and referring new laws In Colorado IS one of the most liberal In the United States. and WHEREAS. this measure is a very bad choice for the cItizens of the metro area and the State of Colorado for all the reasons set forth above, Now, therefore, be it resolved, that the CITY OF WHEAT RIDGE strongly opposes the ballot question known as "Petitions", Constitutional Amendment 38, which will appear on the November 7, 2006 election ballot. DONE AND RESOLVED this _ day of ,2006 Jerry DiTullio, Mayor ATTEST - Pamela Y Anderson, City Clerk Be it Enacted by the People of the State of Colorado: 2005-2006 #33 Article VII, section 2 Petitions. (l) Enforcement. This section shall create fundamental rights to strengthen citizen control of government. It shall be self-executing and ~verable. It shall supersede conflicting constitutional, charter, and other state and local laws. Time limits shall extend only to expire on _ <listrict workdays. The state shall enforce strictest compliance with this section by all districts. tndividual and class action suits shall be filed within one year of violations. Only plaintiffs may demand jury trial verdicts on all matters of law, fact, and damages. District violations shall not void petitions, nor be balanced or harmonized, nor excused by substantial compliance. good faith, ignorance, or emergencies, but shall require strictest scrutiny and full enforcement. Successful plaintiffs shall recover from defendants who are not petition agents all costs and attorney fees, contingent or not. Defendants who are not petition agents may recover only if a jury unanimously finds a suit frivolous. (2) Definitions. Within this section: (a) "Ballot titles" means all language on ballots describing specific petitions. (b) "Districts" means the state and all local governments, and includes all enterprises, authorities, and other governmental entities. (e) "Petitions" means citizen-sponsored initiatives and referenda on legislative policy, not on specific uses of administrative procedure. (d) "Shall" means mandatory (3) Petition rights. (a) Petition rights shall exist in all districts. Required district registered elector petition entries shall not exceed 5'70 of all district vores for secretary of state candidates in the last full-term general election for that office. The general assembly may reduce that number for proposed statutes. Any review and comment hearing shall be held within 7 days of filing initiative drafts. Initiative ballot titles shall not exceed 75 words, shall be set within 7 days of requests made at any time, and may also be set by any state district court. Ballot title setters shall be dISqualified for bias or other good cause. No summary or fiscal note shall be made at ballot title settings. Local single-subject requirements for petitions shall exist by voter-approved petitions only All ballot title disputes and all single-subject challenges shall be tiled with the supreme court within 5 days of such settings, finally decided within 7 days of filing, and very broadly construed to aid initiatives. Unless otherwise decided within 7 days of filing. initiatives shall conclusively be properly-titled single subjects. Decisions that initiatives contain multIple subjects shall list in writing all words not part of single subjects. Revisions that delete those words, and add no others, shall conclusively be sll1gle subjects. Decisions shall also provide ballot titles for initiatives and revisions. No other ballot title or single-subject rehcaring, appeal challenge, or decision shall be made. Within 7 days of requests for petition forms, districts shall print and deliver them and may charge actual costs up to one dollar per IOO-entry form. All districts shall use the 1988 state petition forms, modified to comply with all final federal court rulll1gs, but without summaries or county entry spaces. Errors in petition forms or ballot titles shall not affect petitions. Peaceful petitiomng at exits of all buildings owned or leased by any district and then open to the public shall be protected. Except for petition furm charges. no petition process permit, badge. bond, licensing, training, or fee for petition agents or circulators shall be required. Any adult in Colorado may circulate any petition, Using paid circulators shall create no extra legal duty (b) In each district, no more than 12 legislative measures passed each year shall be excepted from possible referendum petitions. Excepted measures. with detailed descriptions of emergencies justifying the exceptions. shall be passed by 3/4ths or more of all members of the elected 'ocal board or of each house of the general assembly State measures not excepted shall take effect 91 days or more after the general assembly _ .,ession passing them tinally adjourns, and such local measures 91 days or more after post-passage publication. Initial filing of referendum petitions With sufticlent gross entries before that 91 st day shall delay the effective date until the election or final petition invalidation. Measures rejected by voters shall then be void. and measures wholly or mostly similar shall then be passed again with voter approval only Referendum petitllll1 ballot titles shall read, "SHALL (DrSPUTED SECTIONS OF) (types of measures and numbers only) BE APPROVED"" Referendum petitions may begin at any time. They shall have no ballot title setting. appeal. or single-subject challenge, nor pnnt texts of measures on petItIon fonns. Only appropriations for dIStrict support are exempt from referendum petitions. This section shall not apply to referendum petitions to reduce private property rights, such as zoning challenges. which petitions may still lawfully exist. (e) Wllhln 12 months of petition fonn delivery. petitions shall be initially filed with sufficient gross entries. Such petitions shall receive ballot numbers and ballot placement. which remain until all protests and appeals end. Petitions not initially filed 3 months or more before clections may be llled for the next election. Signers of petitions later notanzed or verified shall be presumed district registered electors making valid entries until disproved in protests by clear and convll1cing evidence. Technical defects, minor variations. and minor omissions shall be very broadly construed to aid petitions. Listing mailing addresses shown on registration records shall be valid. Protests shall be tiled 111 state dIStrict court witbin 10 days of petition filing, and not amended. Hearings shall be pubhc. hmited to itemized entries, and decided withll1 10 days of protest t,ling, using judicial rules of evidence and procedure Results of random sampling or machine reading of entries sball be excluded. Each itemized entry shall be examll1ed separately at the hearing. If a district does not protest equally all petitions filed for Ils election. no dlStnct protest or research shall help to II1validate any petition 111 that election. Only petition agents defeating the protest shall be deemed successful plall1tiffs under (I). Petition agents shall have 10 days after protest hearings and appeals to refile with corrections and added petition entnes made at any time. All protests and appeals shall apply to those corrections and added entries. Third filings are barred. (d) All state and local petItion:; on any subject shall be Article X. sectIon 20 (3) ballot issues at any November election. Petition agents may ftle up to 1,000 words tor ballot information booklets and election notices sent to all active registered elector addresses. The length of actual lllings shall be the maxllnum for summaries of comments tiled by opponents. For petitions, those booklets and nor ices shall be limited to such wntten comments filed by 45 days before elections and other information required by Article X, section 20 (3)(b). Article V, section I l7.5Hal(ll) and the last sentence of Article X, section 20 (3)(b)(v) shall not apply to petitions. Except for court cases, or petition or election procedures and matenals required by statute. no distnct or district staff shall aid spending district resources, or using any district procedure, eqUIpment, or staff time, to dISCUSS pending petitions after petItion forms are delivered. No district resources or staff time shall aid accused VIolators or repay expenses. Each distnct and other violator shall separately pay the state general fund at once, per event and without offset, the greater of S3.(XlO or 3 tImes the value of such spendIng. use, aid, and/or repayment. Unless stated in the texts or unless the texts be unla"tu!. tuture voter-approved II1lll3t.ves shall be in effect until changed by voters. This section may be amended, superseded, or repealed 'y voter-approved petitions only Except for state statutes subject to possible referendum petitions and enacted by March 1,2007, all future ~ state and local petition laws, rules, and regulations shall be Article X, section 20 (3) ballot issues at any November election. Proponents: Douglas Campbell 7124 Eldridge Ct. Arvada Colorado Dennis Polhill 49 So. Lookout Mtn. Rd. Golden Colorado .-. CML ItlllllI :f" 1I.1\'IIlUI 1M I :I".. :fo1tt 11::1 1144 Shennan Street . Denver, Colorado 80203-2207 . Phone (303) 831-6411 . Fax (303)860-8175 Amendment 38: Not a Good Idea for Colorado's Municipal Governments Amendment 38 will be on the Colorado's statewide general election ballot this November. This dense, poorly written proposal would add a new Article VII, SectIOn II to the State Consl1tul1on and make major changes to Colorado's InItlal1ve and referendum law. Amcndment 38 would create potentially severc, personal financial liablhty for mUnIcipal officials and employees, while usherIng in a Wide-open lnitial1ve and referendum process, one that a small number of malcontents In your communIty could use to slow down or force electIOns on town or cIty decisIOns with whIch they disagree. Here are just a few of the many ways In which Amendment 38 would adversely affect Colorado's mUnIcipal governments. l. Amendment 38: Empowering a tiny minority in your town or city to manipulate your election process. Many of the ways that Amendment 38 wIll affect mUnIcipahtles start with the fact that this proposal would sharply reduce the signature reqUIrement on local Inltlal1ve and referendum petitIOns, from 5% of the total number of registered voters In the municlpahty, to a number equal to 5% of the total number of votes cast In thc mUnIclpahty In the last electIOn for Secretary o(State - ThIS has Important ImplicatIOns for your mUnIclpahty It means that an extremely small number of unhappy peoplc In your communIty wIll be able to force your taxpayers to pay for Inltlal1ve elcctions on whatever Issues they think are Important, or delay enforcement of ordInances they don't like, and force taxpayers to pay for referendum electIOns on them, For example. rIght now an inItiatIve pel1tlOn in Estes Park, Colorado (pop, 5576) reqUIres 214 vahd signatures (5% of the town's 4,284 regIstered electors). ThiS IS hardly an onerous signature requIrement, but under Amendment 38 the sIgnature reqUIrement would drop to a mere 114 (5% of the total of approximately 2277 town voters who voted for Secretary of State In the last electIOn)' (nlllatlve and referendum are hIstoric mechanIsms that enable citizens, in extraordInary SItuatIOns, to make lav. or revIew a law at the ballot box Both mechanIsms work well In our rnuniclpahtles under current law Amendment 38 would mutate initIative and referendum into commonplace deVices that small groups WIth an axe to grInd would routinely use to force theIr agenda, and aSSOCiated electIon costs, on local citizens, 2. Amendment 38: Turning our sensible referendum process into an obstructionist's dream. Referendum IS a process Citizens may use to force a vote on laws adopted by their elected representatives. In mUnIcipahtles. if a pelltlOn WIth the reqUlslle number of signatures IS filed withm 30 days after an ordinance IS pubhshed. follOWing passage, the ordmance is suspended from taking effect, The governing body must then ellher repeal the ordmance or schedule an electIOn on It Within between 60 and ISO days. In this way, voters are able to promptly mdicate whether they agree or disagree With the law that their elected officials have adopted, ( over) Amendment 38 converts this reasonable mechanism for prompt review of legIslative acts mto a potent delay device, by tnplmg the delay penod before an ordmance may take effect (see #3, below), and by penmttmg referendum electIOns to occur on only one electIOn day of each year, in November If a petitIOn IS turned m m January, for example, the ordinance would have to remam suspended until an electIOn could be held eleven months later, m November And, to make matters worse, under another proVISIOn of Amendment 38, If the petition is turned in wlthm the three months prior to the November electIOn date, the ordmance would remam suspended until it could be voted upon at the November electIOn conducted in the following year! These changes, m combInatIOn With the dramatlc reductIOn m the petlllOn signature reqUirement, will eqUip very small numbers of Citizens, who are unhappy about a land-use or other deCISIOn of your town board or clly councIl, With a convenient process to delay, and potentlally derail, such legIslatIOn. 3. Amendment 38: Slowing down local governments' ability to act promptly. In order to proVide more time for those unhappy With ordmanees to gather theIr referendum petItIOn signatures, Amendment 38 triples the delay time before a municipal ordmance may take effect. Under current la\\, ordmances take etTect, or referendum petItIOns must be submitted, 30 days followmg post-enactment pubhcatlon, Amendment 38 would bar ordinances from taking effect until 91 days after such pubhcatlOn. If, dunng thiS 91 days, a referendum petitIOn IS submitted, the ordinance would be suspended until a November electIOn could be held (see #2 above). Amendment 38 thus sharply reduces the number of signatures reqUired on a referendum petitIOn whIle tnplmg the time for gathering those signatures! Lmlllmg mUDlclpal ordmances from takmg elTect untIl nearly three months after their passage IS a pomtless ImpaIrment of the abIlIty of our local governments to respond promptly to the needs of theIr Citizens. The mUlllclpal referendum process works Just fine already: there IS Simply no record that eIther the present sIgnature requirement IS exceSSive, or that the petlllOn circulatIOn penod IS madequate. -- 4. Amendment 38: Forcing taxpayers to print and deliver petitions to anyone who asks. In a remarkable departure from the traditIOn that makes It the proponent's responsibIllly to arrange the pnntmg of hiS petlllOns, Amendment 38 would force the government (that IS, the taxpayers) to pnnt and dehver. wllhm seven days, mltlal1ve or referendum pel1tlOn forms to anyone who asks, Amendment 38 permits the government to recover some of thiS cost, by chargmg proponents no more than $1 per petlllOn form, but beyond that, the taxpayers pick up the tab People are free to propose that Martians vote m mUDlclpal elections, we just thmk they should contmue to havc to get their own petitIons pnnted. 5. Amendment 38: Forcing taxpayers to pay for political advertising for one side (but not the other). Amendment 38 forces taxpayers to pay fer dlstributmg a 1,000 word statement, exactly as wntten by the proponents, to every registered voter In the mUniCipality And while pruponents get the benefit of thiS taxpayer subSidized pohucal advertISIng, opponents do not get equal treatment. Opponents don't get their statements distributed directly to voters, Instead, opponents must have their statements summarized, along with those of other opponents, by an electIOn offiCial, and thIS summary is distributed to voters. Furthermore, the summary of opponents' comments may be no longer than whatever statement proponents choose to have maIled to voters. If proponents file a twelve-word statement, the summary of opponents' comments cannot 2 excccd twelvc words; If proponents filc nothing, thcn nothmg rcprcsenting thc VICWS of opponents IS mailed to voters, Whatever your VICWS on taxpayer financmg of campaign cxpenscs, Amendmcnt 38's flagrant mcqUlty, favonng proponcnts and dlsfavormg opponents, offends slmplc falrncss, and has no placc m our statc constitutIOn, 6. Amendment 38: Cutting off government information regarding ballot issues, while creating new personal financial liability for public employees. Whilc forcmg taxpaycrs to subsidizc i;1ltlatlvc and rcfcrcndum proponents, by providing pnntmg and frcc advertlsmg m eonncetlOn wIth thclr pctltlons, Amcndment 38 aggrcsslvcly sceks to prcvenllocal govcrnmcnt from provldmg any mformatlOn to thc communIty conccrnmg upcommg ballot issucs, A gag rulc for local officials As noted above, Amendmcnt 38 rcqUlrcs thc governmcnt to pnnt and dchvcr pctition forms to proponcnts, Oncc thiS IS donc, Amcndmcnt 38 provldcs that public rcsources or stafftimc may no longcr bc used to "diSCUSS" thc pcndmg ballot issuc. ThiS IS a radical changc from currcnt law, which (qultc appropriatcly) hmlls use of public moncy for advocacy relatmg to pcndmg ballotlssucs, but pcrmits govcrnmcnt to answcr qucstlOns from thc pubhc conccrnmg such ISSUCS, pass rcsolutlOns cxprcssmg thc local town board or city council's pomt of View, and put out balanccd mformatlOn, akm to a local "blue book," on thc local Impacts of vanous ballot ISSUCS. - Undcr Amcndmcnt 38, all of thcsc forms of governmcnt mformation, mcludmg answcnng qucstlOns from the pubhc, would bccomc unlawful. Thcsc rcstnctlOns arc cxtrcmc and gratUItous, thcrc IS Simply no problem hcrc that rcqUlrcs solvmg. Furthcrmorc, the broad prohibition on "dlscussmg" a ballot ISSUC, whllc on pubhc lime, would crcate an Irrcsistible upportunity for local gadflies to filc headhnc-gencrating complaints over rcal or Imagmcd "VIOlatIOns," No legal dcfcnsc for local offiCIals Local otlicIals will havc to bc conccrncd about spunous complamts, bccausc Amcndmcnt 38 provldcs that If mUniCipal otlicIals arc mcrcly acclIsed of Impropcrly "dISCUSSing" a pcndlng ballot ISSUC, "no dlstnct rcsourccs shall aid accuscd VIOlators or rcpay cxpcnscs." ThiS remarkable provision means that when publiC ol1iclals arc accuscd of such conduct (and remember' it costs thc local gadtly IIttlc or nothing to make onc, or several, of these accusatIOns) they would havc to pay their own defense cxpcnses, regardless of whcthcr thcy arc ultimately found to havc obcycd thc law Herc thc Amcndmcnt 38 proponcnts rcvcalthclr IndlscrImlnatc hostlhty and disdam for public scrvants, who, undcr thiS prOVISion, arc subJcctto pUnlshmcnt even when they do everything right! Pcrsonal finanCial habllIty for local ol1iclals Finally, If a local official IS ultimately found to havc Impropcrly "dlscusscd" a pcndmg ballot issuc whilc on public time, both the pubhe official personally, as well as the govcrnment with which thc ol1icial is assoclatcd, must each pay thc statc gcncral fund thrce tlmcs thc amount of moncy impropcrlY spcnt or $3000, II'hichel'er /.1' greater' So thc pcnalty for Impropcr dlvcrSlon of funds from thc local trcasury IS not that thc local trcasury IS rcplenlshcd, as gcncrally happcns undcr currcntlaw, but rathcr that thc local trcasury IS Jurther depleted (usually to thc tunc of $600000), and thc moncy transfcrrcd to thc state gcncral fund, What could possihly bc thc public pohcy ratlOnalc for thiS pcculiar proVISIOn? 3 Citizens for Petition Rights Vote "Yes" on Amendment 38 P.O. Box 1776, Arvada, Colorado 80001 Douglas Campbell, Chairman Dennis Polhill, Vice-chairman e-mail: info@PRA2006.com http://www.PRA2006.com (303) 753-5050 TWEL VE TALKING POINTS for #38 12 reasons to support the Petition Rights Amendment Amendment 38 will: 1. Simplify the petition process. The secretary of state's 49-page manual admits, "The initiative process is complex and lengthy." Amendment 38 is a simple, one-page, how-to- petition guide written in plain English. State signature levels stay the same, but this process, while still very difficult, will be more reasonable and less arbitrary for ordinary citizens. 2. Make the process uniform. The state and each city have separate rules, which change frequently! Your constitutional right to petition should not differ in Aurora, Denver, Pueblo, or Greeley, Amendment 38 provides "Equal Justice Under Law" for everyone, - 3. Protect the Constitution. People now write their reforms into the state Constitution so legislators cannot repeal them, Amendment 38 says voter-approved petitions may be altered only by later voter approval, so citizens will agree to change only statutes, instead of the Constitution. The state legislature may also lower signature requirements on petitions for ordinary laws, to reduce further the use of constitutional amendments. 4. Allow petitions to all local governments. Today, you CANNOT PETITION your county, school district, or special district for any ballot issue! Both the First Amendment in the Bill of Rights of our U.S. Constitution, and our state Constitution's Bill of Rights, guarantee the people's right to petition government. These laws make NO EXCEPTION for local governments It's time to defend our basic rights, Amendment 38 will do just that. 5. Limit ballot title length. Unable to decipher 200-to-300-word monster sentences written in "legalese" by verbose, nitpicking lawyers? Amendment 38 says, given single subject rules, 75 words are enough to describe that one subject. Before voting, we will also be mailed the actual text, title, and comments of equal length on each side (see #11 below). 6. End "single subject" abuses. Today, petition foes can delay a petition up to six months by falsely claiming it has multiple subjects. Also, disputes can be raised years after voters approve the petition, and overturn the election! Amendment 38 requires single subject status, and ballot title accuracy and fairness, to be finally decided in a petition's first month. 7. Curb phony "emergency" declarations. Since 1932, the state legislature has declared nearly ALL its new laws to be emergencies, for only one reason-to deprive us of our constitutional right to petition to challenge bad new laws. Even making the trout the "state fish" was a declared "emergency!" Tens of thousands of blatant lies over seven decades! Amendment 38 restores the right to file "possible referendum petitions," except for 12 emergency laws per year per government. Because the state petition hurdle remains so high (over 100,000 signatures), citizens will challenge few new laws, but their legal right to consider it should be honored, not smothered in an avalanche of cynical, political fraud. 8. Reduce petty technicalities used to reject petition signatures. One elderly petitioner had 4,400 signatures she collected thrown out because, when she signed her affidavits, she did not include her middle initial as shown on the voter rolls. Besides the silliness of such an objection, the voter rolls were wrong-she did not have a middle initial! Other examples are petition form typo errors; signing "Bob," not "Robert;" not listing the year you signed the form; using the wrong color ink; writing your city and state, out of habit, instead of writing city and county; omitting your apartment number, the word "street: your Zip code, etc. Amendment 38 says governments will print forms at petitioners' expense, and must tolerate "technical defects, minor variations, and minor omissions" when citizens sign petitions. 9. Shorten signature reviews. Today, disputes can go on past the election! Even if citizen petitioners do finally win, their issue may be kept off the ballot! Amendment 38 settles claims of invalidity before ballots are printed, to protect our right to vote on valid petitions. - 10. Require all petition elections on any subject to be held each November. Avoiding special elections saves money and increases voter turnout. Governments also will no longer be able to stall petitions they dislike by Claiming that only some may be voted on that year, based on the petition's content. Amendment 38 saves tax dollars while ensuring fairness. 11. Remove politicians' bias from petition information. Legislators still control voter guides, despite our 1994 vote requiring that they be written by "nonpartisan research staff." Amendment 38 requires printing equal citizen comments by both sides, plus the text, ballot title, and financial data. Politicians will stop writing tax-paid guides suggesting how to vote. 12. Prevent misuse of public funds on petition campaigns. Currently, there is no effective penalty for spending tax dollars to influence elections. Amendment 38 requires fines against government violators who steal public resources to advance their personal political agenda. REMEMBER, NO PETITION BY ITSELF CHANGES ANYTHING; IT ONLY LETS US- VOTE. SHARE WITH YOUR FRIENDS AND EMAIL LISTS THESE DOZEN GOOD REASONS TO HELP AMENDMENT 38, THE PETITION RIGHTS AMENDMENT. WRITE LETTERS TO NEWSPAPERS. CALL US AT (303) 753-5050, OR EMAlL info@PRA2006.com Thank you. Citizens for Petition Rights RESOLUTION 45 Series of 2006 TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHEA T RIDGE IN OPPOSITION TO PROPOSED AMENDMENT 38 TO THE COLORADO CONSTITUTION ( also known as the "Petitions Amendment") CONCERNING COLORADO'S INITIATIVE AND REFERENDUM PROCESS WHEREAS, an mitIated constItutional amendment, Amendment 38 to the Colorado ConstItution, has been certified for consideratIOn by the voters of the State of Colorado at the November 7, 2006 electIOn, and WHEREAS, this measure conflicts with, and proposes to supersede, numerous provIsions of the U S and the Colorado ConstItutions, eXlstmg state statutes and local laws, and the cItizen-adopted Charters of home rule citIes that have effectively balanced the nghts of the minonty with the deSires of the majonty for over one hundred and twenty-five years; and WHEREAS, thiS measure seeks to drastically lower the standards for placing measures on the ballot such that the ablhty for cities to prOVide everyday mumclpal government operatIOns and services would be paralyzed; and - WHEREAS, thiS measure would allow a disproportionately small number of disenchanted people to force mumclpahtles to hold costly special electIOns at the expense of Colorado taxpayers, and WHEREAS, thiS measure will discourage Job-producmg businesses and mdustry from locatmg m Colorado's cities because of the delay and uncertamty mherent m the declslon-makmg processes of our elected local government offiCials; and WHEREAS, thiS measure, If adopted, will become the subject of extensive htlgatlOn, all at great cost and expense to the taxpayers. and will ultimately be found to VIOlate vanous sections of the U ,S ConStitutIOn, mcludmg the free speech nghts of mumclpal employees; and WHEREAS. thiS measure would force local governments, at the expense of all taxpayers regardless of whether they support or oppose the proposed measure, to pnnt and deliver petitions to anyone who asks and to subSidize the efforts of proponents by printmg and maihng their 1,000 word statement to every registered voter m the mumcipallty while denymg equal treatment to those who may oppose the measure; and WHEREAS, thiS measure would make publlc officials stnctly liable for any honest mistakes they may make m revlewmg petlllOns and Imposes an automatic $3,000 penalty for such mistakes. which will make It extremely difficult, Ifnot Impossible, to get any pubhc employee to do thiS work, and WHEREAS, the eXlstmg process for Inll1atmg and refemng new laws in Colorado IS one of the most liberal m the United States; and WHEREAS, this measure is a very bad choice for the Cll1zens of the metro area and the State of Colorado for all the reasons set forth above, Now, therefore, be it resolved, that the CITY OF WHEAT RIDGE strongly opposes the ballot question known as "Petitions", Constitutional Amendment 38, which will appear on the November 7, 2006 election ballot. DONE AND RESOLVED this _ day of ,2006 Jerry DiTullio, Mayor A TrEST, - Pamela Y. Anderson, City Clerk ITEM NO' ,-5 REQUEST FOR CITY COUNCIL ACTION \,-e ,""~ ' -\ \ ~~ ~.--, .~ J COUNCIL MEETING DATE, September 25,2006 TITLE: RESOLUTION 46-2006 - A RESOLUTION APPROVING THE JOINT FUNDING OF THE I_70/32ND AVENUE INTERCHANGE IMPROVEMENT PROJECT IN AN AMOUNT NOT TO EXCEED $3.275M o PUBLIC HEARING o BIDS/MOTIONS ~ RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date o ORDINANCES FOR 2ND READING QuasI-Judicial o Yes ~ 1"0 (-?C~U ~~ CIty Ma er , - EXECUTIVE SUMMARY: CompletIOn of the 1_70/32nd A venue Interchange EnVironmental Assessment (EA) reqUIres a fully comnlltted funding plan for the $96 0 millIon In publIc Improvements for the Cabela's development project. Of thiS amount, $11 55 rmllIon for Improvements to 32nd Avenue have not been fully committed. The City has been In negotiations With Jefferson County, Cabela's, Coors, SullIvan and the Colorado Department of TransportatIOn (CDOT) to tind an eqUItable solutIon to thiS shortfall. Originally, a proposal was presented that all Interested parties each commit one-sixth of the total ($1 925 millIOn) to equally share In the Investment of Improvements to a transportatIOn corndor that has been woefully Inadequate for many years. Agreements have been reached With Cabela's, Coors, and Sull1van to each contribute $1 925 millIon for a total of $5 775 millIon. Jefferson County has committed to ItS one-sixth share plus an additIOnal amount 01'$575,000 for a total of$2.5 millIon. Due to budgetary constraints, CDOT IS unable to commit any additional funding to thiS project. Stall recommends that the Clt)' comrmt $3275 millIOn In funding to close the remaining gap In fundmg necessary for Improvements to 32nd A venue In addItion, Staff recommends applymg for a $3,000,000 loan from the Colorado State Infrastructure Bank (SIB) to assist the City in meetIng this commitment. The remaInIng $275,000 would be aVaIlable In the 2007 CapItal Investment Program Budget. COMMISSION/BOARD RECOMMENDA nON: N/A STATEMENT OF THE ISSUES: In order to finalize the funding plan for thc 1-70/32nd Avenue Envlronmcntal Assessmcnt It IS necessary for the CIty to contrIbute $3 275M specifically for 1-70/32nd A venue Interchange Improvcmcnts, ALTERNATIVES CONSIDERED: Not committing the $3.275M for thc I-7U/32nd A vcnue Interchange Improvements and continue to Idcntlfy and pursue other funding sources for thIs shortfall. FINANCIAL IMPACT: Thc $3.275M contrIbutIOn WIll need to be allocated from the City's undeslgnated reserves. RECOMMENDED MOTION: ,,[ movc to approve ResolutIOn 46-2006 - A RcsolutlOn ApproVing the JOint Funding ofthc 1_70/32nd Avcnuc Intcrchangc Improvcmcnt ProJcct In an amount not to exceed $3,275M," - or "I movc to tablc Indelimtcly Rcsolution 46-2006 - A Rcsolutlon ApproVing the JOint rundlng of the 1_70/32nd A vcnuc Intcrchangc Improvcmcnt ProJcct In an amount not to cxcced $3.275M for thc follOWing rcason( s) Rcport Prcparcd b) Rcvlcwcd b\ PatrIck Gofe Dcputy Clt) Managcr Randy Young, City Managcr Attachments: I Rcsolutlon 46-2006 -- CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO 46 Serres of 2006 TITLE: A RESOLUTION APPROVING THE JOINT FUNDING OF THE I-70/32ND AVENUE INTERCHANGE IMPROVEMENT PROJECT IN AN AMOUNT NOT TO EXCEED $3.275M WHEREAS, the City Counctl wishes to facilitate the fundIng for thc constructIOn of the transportatIOn Infrastructure aSSOCIated with the 1-70/32nd A venue Interchange Improvcments Envlronmcntal Assessment (EA), and WHEREAS, the City is negotiatIng With thc Cabcla's, Coors, Sullivan, Jcfferson County and the Colorado Department of Transportation, for the purpose of sharing In the costs assoclatcd With said improvements, and, WHEREAS, the cost of the widenIng portion of the 1-70/32nd A venue Interchange Improvcmcnts, IS estimated to be $11,550,000, and, \Nl-tf_fL EJ\ ~~ WHEARAS. the City share of the aforcmentioned 1-70/32nd Avenue Interchange Improvcmcnts IS $3 275.000, and, - :'lOW, THEREFORE, BE IT RESOLVED by thc Whcat Ridge City COllnctl, that Section 1. That an amount not to exceed $3.275M IS approved for the 1-70/32nd Avenue Interchange Improvement project. Section 2-'.Effective Date - September 25, 2006. This Resolution shall be effective immediately upon adoption. D()~E AND RESOLVED thiS day of .2006 JeIT) DiTullio. Mayor .\ rI 1.<; I Palllela Anderson. CIt) Clerk ATTACHMENT 1 ITEM NO ~ REQUEST FOR CITY COUNCIL ACTION C~\ J\\'WJ COUNCIL MEETING DATE' September 25, 2006 TITLE: RESOLUTION 47-2006 - A RESOLUTION APPROVING AN APPLICA TION FOR A $3,000,000 LOAN FROM THE COLORADO STATE INFRASTRUCTURE BANK FOR PARTIAL FUNDING OF IMPROVEMENTS TO THE INTERSTATE 70 AND 32ND AVENUE INTERCHANGE o PUBLIC HEARING o BIDS/MOTIONS ~ RESOLUTIONS o ORDINANCES FOR I ST READING (Date _) o ORDINANCES FOR 2ND READING QuasI-JudiCIal o Yes ~ No - ~Cur~ City Mana J EXECUTIVE SUMMARY: CompletIOn of the 1_70/32nd A venue Intcrchangc Envlronmcntal Assessment (EA) reqUIres a fully committed fundmg plan for the $96 0 million m public Improvements for the Cabcla's devclopment project. Of this amount, $11.55 million for Improvements to 32nd Avenue have not been fully committcd, The City has bcen m negol1atlOns with JclTerson County, Cabela's, Coors, Sullivan and the Colorado Dcpartment of TransportatIOn (COOT) to find an equitable solution to this shortfall. Orlgmally, a proposal was prcscntcd that all mtcrestcd partlcs cach commit onc-slxth of the total ($1 925 million) to equally share in the invcstment of Improvements to a transportation corridor that has bccn wocfully madcquatc for many years, Agrecments have bcen rcachcd With Cabela's, Coors, and Sullivan to each contribute $1 925 million for a total of $5 775 million. Jefferson County has commlttcd to its one-sixth share plus an addll10nal amount of$575,000 for a total of$2,5 million. Ouc to budgctary constramts, COOT IS unable to commit any additIOnal fundmg to this project. Staff rccommcnds that the City commit $3,275 million in funding to close the remaining gap in fundmg ncccssary for Improvcmcnts to 32nd Avcnue, In addition, Staff recommends applymg for a $3,000.000 loan from thc Colorado State Infrastructure Bank (SIB) to assist the City in meeting this commltmcnt. The remainmg $275.000 would bc available 10 thc 2007 Capital Investment Program Budget. COMMISSION/BOARD RECOMMENDATION: N/A ST A TEMENT OF THE ISSUES: City Councll adopted Resolution 37 -2006 on August 14th approvmg an application for a $3 0 mlllIon loan from the Colorado SIB for fundmg of the 40th Avenue underpass of 1-70 The applIcatIOn was submitted but pulled by COOT due to an Increase m the budget for 40th Avenue underpass. City Councll approved a Memorandum of Understanding (MOU) between COOT and the City on August 28th Therefore, to date, no loan applIcations or MOU's have been entered into WIth COOT m relation to fundmg of the 40th Avenue underpass or 32nd Avenue Improvements, AL TERNA TlYES CONSIDERED: Not authOrIze the loan application and fund the $3.275 millIon from the City's undesignated reserves. FINANUAL I;VtPACT: The Colorado State Infrastructure loan applicatIOn prOVIdes for nor,nwmg $3.000.000 at 5% mterest over an eight (8) year perIod with payments deferred for the first tive (5) years, RECOMME:\IDED MOTION: - "I move to approve Resolution 47-2006 - A Resolution ApproVing an ApplIcatIOn for a $3.000.000 Loan from the Colorado State Infrastructure Bank for Partml Fundmg of Improvements to the Interstatc 70 and 32nd A venue Interchange."' or. "1 move to table indefinitely ResolutIOn 47-2006 - A ResolutIOn Approving Application for a $3.000.000 Loan from the Colorado State Infrastructure Bank for Partial Funding oflmprovements to the Interstate 70 and 32nd A venue Interchange for the followmg reason(s) Report Prepared by: Reviewed by' PatrIck Goll. Deputy Cny Manager Randy Young. City Manager Attachments: 1 Loan Application 2. Resolution 47-2006 DEPARTMENT OF PUBLIC WORKS (303) 235-2861 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80033 FAX (303) 235-2857 September 25, 2006 Willie Ware Office of Finance, Managem6nt and Budget Colorado Department of Transportation 4010 East Arkansas Avenue Denver, Colorado 80222 RE Colorado State Infrastructure Bank Application Dear Mr Ware: - Enclosed you will find an application for a loan of $3,000,000 from the Colorado State Infrastructure Bank, This loan will provide partial funding for widening of 32nd Avenue at the 1-70/32nd Avenue Interchange in Wheat Ridge The street widening is included in highway improvements suggested in the Environmental Assessment currently in process for proposed improvement of the interchange The 1-70/32nd Avenue Interchange System Level Feasibility Study dated August, 2005, accepted by the Colorado Department of Transportation Commission on September 27,2005, identified the need for widening 32nd Avenue between Xenon Street and Alkire Street. The current 1-70/32nd Avenue Interchange Environmental Assessment of the transportation improvements suggested in the Feasibility Study confirms the need for this street widening 32nd Avenue is proposed to be widened from Xenon Street to Alkire Street. The current six-lane section under the 1-70 bridges will be expanded to seven lanes by moving the sidewalks behind the bridge columns The existing bridge slope paving will be modified with retaining walls to accommodate the sidewalks Substantial improvement to the 32nd Avenue/Youngfield intersection will require widening of Youngfield both north and south of the intersection A new traffic signal is also proposed at the 32nd Avenue/ Xenon Street intersection It is antiCipated that the Improvement of 32nd Avenue and the various intersections from Xenon Street to Alkire Street will be funded jointly by Cabela's Retail, Inc , Jefferson County and the City The widening of 32nd Avenue and improvement of the ATTACHMENT 1 side streets at the intersections is estimated to cost $11,550,000. The current funding plan calls for the following contributions: Cabela's Retail City of Wheat Ridge Jefferson County $5.775,000 3,275,000 2,500,000 The City is not in a financial position to cash flow the $3,275,000 needed for this element of the 1_70/32nd Avenue transportation improvement package and, therefore, is applying for a $3,000,000 loan from the Colorado State Infrastructure Bank, The City will utilize local sales tax to repay the State loan. A 2005 City of Wheat Ridge Financial Statement, rating letters from Moody's Investment Services and Standard & Poor's and a letter of commitment from Deputy City Manager Patrick Goff are enclosed for your use. Without the $3,000,000 loan, the widening of 32nd Avenue may have to be delayed until other funding sources are available. A resolution concerning this application was approved at the September 25, 2006 City Council Meeting and is included with this application Please contact me if additional information is required in processing this application 73-4 U Timothy Paranto, P E. Director of Public Works - XC' Randy Young Tom Norton Pam Hutton Mo Awaznezhad Colorado State Infrastructure Bank Application ~oTI ..........-...~~ .--- --- CEPARTNENT OF TRANSf>QAUTION Revised (5/01) ~~",.~~~~1fi~.:~'~' ~"_~; ,-'C~~': l ": - ~~trl~i:~'~~iJ:~Z-5~~rf1~En:~~i1Ji8.~<~~"~--.: _,:~~- :"~: _-i:>}---.-.: -:.' .:., Name of Project Sponsor: C/ r Y or ~L ,,("/ RI () ~ L. IRS EmployerlD#:".94-' ~59S 8 3.:2 ProjectTitle: 3...7 ~ Av.t-Ui<,L W/)~NI#~ Business Address: 7,S'o() ~S ~;; 7~ A;-~ k/HL/o r K/ o"L, J..t~ Cd. 13 ()033 Strut City County./ Zip Code Contact Person: -;;-/-1 C) T;IIY PA.J<? ~ ~ rd Phone Number: ~ -,2 3S"..,;L~(d Fax Number')' -.23.s--.:z..9S7Email Address:TP"" oR A 1<76& CI. w I(LA-r.-eIO~~ . Cd. q.$ '. , 'c. ',.." ' ",.. '," -' " '" or""',. J"tr ..i,~~-,;f'-<';jJ:g'r....';"","';'" "'-: .. ,.,. 0" ~" ".' ""."0',' " ."',". '... ~_ ~ _. ,,' ~ -~'-~L;""" 7 _'!o}:;(?:,_~ar_UJr-.- ,)!.~il. ~-t.,~tr..~!J.l~ .'-\"C' .'- ,_ _cr-a-"..1,~ - t ...,...::.....~.::.. ,> , ~ ,'N - --'.- -~~-~"""-' ~- =---- ~~~_. ~ -~.,.~ --..-... ~ -.'-'- -------'.'--"""-''"'-'----'''----;.>..._~~~ "-,-_.-- . ~...._....... --.......- oj (1) Requested Loan Amount. >", d dd" d" " :J' Total Cost (estimate) of the Project: It 5' S(} / PO 0 - (2) How soon can you begin annual loan repayments from date of loan closing? 5' .Y It .( It. 5 (3) How long a period will you need to repay your loau from date of loan closing? .3 .Y L 1/ ~5 (4) Do you expect to use additional debt for this project in the futur~? Yes_ "'0 X (51 Would the payment of this loan be superior, on a parity basis, or subordinate to other debt that is serviced hv the funding or revenue sources pledged to thi~ loan"' ~uperior _ Parity -x. Subordinate_ (6) 1I.s the applicant suffered an operating delicit in the last five years? Yes_ No2.. If yes, attach an explonatlOn descnbmg what actions were taken. (7) Please provide the following items as attachments: a. A statement that identIfies the anl1Clpated fundmg or rewnue sources pledged to repay the loan, \ b "statement that Iden'lfies other funds, antICIpated revenue, or secunties that are available to secure thlS loan, I c. If appl1cable, a ratmg letter from the ratmg orgamzatJon that evaluated the entlty's last bond issue, indIcating ratmg and when establ1shed; d. Fmanclal statements for the organizanon makIng the app\Jcatton; e. A resolunon from your councilor board authonzmg thIS app\Jcanon and borrowmg from the COSIB, and f. A detalled descnpl10n of the project An electronic version is available at http://www.dot.state.co.uslbusinesscenter!budget Colorado State Infrastructure Bank Application ~OTI .,.~~~~ -- ..... - - DEPARTMENT OF TR...NSPORT....TION Revised (5/01) I-~f-i-~~~~~.f~~~~:_~-~~~~-----~:";~~ _~~:'~[l,T)I~-~'[~~~-~~~~(}\:~,~~~;';;.;;-:'1:(':;L-- -_.=--;.~ <-,- ,:- < ,-~.- (1) Type of Project: Highway ~ Transit 0 Aviation 0 Rail 0 (2) Is this project in the local area transportation plan? Yes~ No_ (3) Is this project in the regional transpoiiation plan? Yes~ No_ (4) Is this project in the statewide transportation improvement program plan? Yes~ No_ (4) Does this project meet the federal-aid eligibility requirement? Yesx.. No_ \5) Does this proiect involve a public/private partnership? Yes~ No_ If yes, attach a descnption of the arrangements. (6) Does tbe project involve the formation of a local impronment district (LID) or an urban renewal district (lIRD) or similar entity? Yes_ NoX If yes, attach the status of negotiations WIth benefited property owners, an engIneer s report on the dlstnCt formatlOn and assessments, and any resolutions creatIng the dIstriCt. (7) Please provide the following items as attachment "G"; please limit to five pages: a. A bnef explanatlOn of the need for the project; b A bnef explanation of how this project enhances the overall transportation system and the benefits such as congestlOn mitigation, enVlronmental mItigatIon, safety, economic development, and connectIvlty; c. An Illustration of the funding source\s) for each phase of the project - planning, prelimInary engIneenng, deSIgn I and archItectural, nght ot way, constructlOn, other; d. A bnef explanatlOn that identifies the extent to WhICh COSIB assistance accelerates project implementatlOn; I e. A bnef descnpnon of the likely negatlYe effects of NOT receIving COSIB assistance I - Th~ underSIgned hel eb, certItles that the InfOrmatIon provIded In thIS applicatIon is true and correct as of the date set f0rth appo"te m'! SIgnature on this applicatIon and acknowledge my understandIng that any Intentional or 'I neglIgent mIsrepresentatlOn of InfOrmatlOn contaIned In thIS apphcatlOn may result In CIVIl habilIty and/or cnminal penaltles under the state statutes of Calor ado, and habilIty for monetary damages to the Lender, lts agents, successors and asslgns, mSllTers and any other p~rson who may suffer any loss due to rehance upon any i rrusreEesentatIon w ~ve made 0 thIS apphcatlOn ~ _ 7-,.2S-t:. Al.irhorlz~d ~ 1'Ul"H~ 1-;;)107//;/ ~ R,,()<70 1 Pnn:OFr....p~~~ Date bl/e"-c.~/Z-.. o~ R eL /c- ~,<,-c:s Title Please complete ALL sections of the application. Additional information may be requested, The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80033-8001 (303) 234-5900 ~heat 'Ridge City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 August 2, 2006 The City of Wheat Ridge intends to utilize sales tax revenues as the funding source for the repayment of the $3 0 millIOn loan from the Colorado State Infrastructure Bank, The City antiCIpates collectmg over $50 0 rrullion III sales tax revenue over the next three years, a portion of which will be pledged to the pnnclpal and mterest payments of tlus loan. Smcerely, ~ - PatrIck Goff Deputy CIty Manager ~'1 RECYCLED PAPER . . tit "'OiiiiP' Moody's Investors Serv, 99 ChlJrch Street New York, New York 70007 www.moodys.com August 6, 1998 Ambac Assur.mce Corporation One Smte Street Plaza New York, New York 10004 To Whom It May Concern: Moody's Investors Service has assigned the r.l1ing of Au (Ambac Assurance Corporation Insured - Policy No. 15367BE) to the: S14,820,OOO.OO City ofWhe3.t Ridge, Colorado- Certificates of Participation Series 1998, (Recreation Center Project), dated July 1, 1998 which sold through negotiation on June 9, 1998, The rating is based upon an insurance policy provided by Ambac Assurance: Corporation. - Should you have any que~1.1ons regarding the above, please: do not hesitate to contact the assib'l1ed analyst, Mnrgarc:t Kessler ut (212) 553-7884, Sincerely yours, L~L~ Laura Levenstem Vice President and rvtanaging Director .~ D:J A ~y 01 Th<> D<;n & ~ ~Da1 . . . . I~- .......... Ratinv Sa-vius 25 Bruadway Nr:'JI York. tJY lOOO4-J064 Tel 212 2()R.J740 J<cra"". Nfl.: %1111 VinGCnt Orgo Bond Il1.lUra71cc PuJ,/i4 Fj,,= RaJlngt Standard & Poor's 'i2 '" [)illi.<um uITMMl:GraW.Hi1lCumpanic:s August 6, 1998 Ms. Eileen Kirchoff First Vice President Ambac Assurance CorporatlOn Client Informauon SerYlces One State Street Plaza - 17th Floor New York., NY 10004 Re: $14,820,000 City of Wheat Ridge, Colorado, Certificates of Participation (Recreation Center Project), Series 1998, dated: July 1,1998, due: December 15,1998-2008, (FOLICY #15367BE/16746) Dear Ms. Kirchoff: Pursuant to your request for a Standard & Poor's ("S&P") rating on the subject obligations, we have rCVlcwed the mforrnation submitted and have assigned a rating of' AAA'. This reflects our assessment of the likelihood of repayment of prinClpal and interest based on the bond insurance policy your company is proV1dmg. - Rating adjustments may result from changes in the financial posinon of your company or from alteratJons m documents govemmg the issue. With respect to me latter, please noUty us of any changes or amendments over the term of the Issue, \Vhen usmg the S&P's ratmg, include the defulluon of the rating together with a Slarement that this may be changed, suspended or withdrawn as a result of changes In, or unavailabulty of, mformation. lh;s raung IS nOI a "markel raung", because 1t is not a recommendation to buy, hold or sell the obltgatlons. Please remember that complete documentation rdatmg to tills issue must be submitted no later than 90 days after the date of this lener. If you have any questions, please contact us. aw ~l;::il~/~ .- o CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO 47 Series of 2006 TITLE: A RESOLUTION APPROVING AN APPLICATION FOR A $3,000,000 LOAN FROM THE COLORADO ST ATE INFRASTRUCTURE BANK FOR PARTIAL FUNDING OF IMPROVEMENTS TO THE INTERSTATE 70 AND 32"D A VENUE INTERCHANGE WHEREAS, the City Council wishes to facilitate the funding for the constructIOn of the transportatIOn Infrastructure assoclUted with the 1_70/32nd A venue Interchange Improvements Environmental Assessment (EA), and WHEREAS, the City IS negotiating with the Cabela's, Coors, Sullivan, Jefferson County and the Colorado Dcpartment of Transportation, for the purpose of shanng In the costs assoclUted \vlth said improvements, and; WHEREAS, the cost of the Widening portIOn of the 1_70/32nd A venue Intcrchange Improvcments, IS estimated to be $\ 1,550,000, and, WHEARAS, the City antiCipates contributing up to $3,275,000 as our share of the aforementIOned 1_70/32nd Avenue Interchange Improvements, and, _ WHEREAS, the Colorado State Infrastructurc Bank is a possiblc source of a $3,000,000 loan for the 1_70/32nd A vcnuc Intcrchangc Improvcmcnts, NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. ApphcatlOn Approved. Thc apphcatlOn to the Colorado State Infrastructure Bank In the amount of $3,000,000 for usc In funding the 1_70/32nd A venue Interchangc Improvements proJcct IS hereby approved, Section 2.Effective Date - September 25. 2006. This Resolution shall be effective immediately upon adoption. DONE AND RESOL VED thiS __ day of ,2006. Jerry DiTullio, Mayor ATn:.ST Pamela Anderson, Clly Clerk ATTACHMENT 2 Executive Session September 25, 2006 Van Gordon Property .J I move to authorize Jefferson County Open Space to proceed with addltlOnal due dilIgence for the purpose of acqumng the Wilson property, located at 4315 Van Gordon. ..-----"-' ---"-, '\ " ~::_ ~~v ~ l MotIon from the dlas' I move to deny authorization of further due diligence on the property located at 4315 Van Gordon for the following reason(s) /\ r' 1 G\(j(c"\ { jJ. '-----' \ - '- / ~/ SPECIAL STUDY SESSION NOTES CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO Lobby Conference Room 7500 W. 29th Ave. September 25. 2006 Mayor DiTullio called the Special Study Session Meeting to order at 6:30 p m. Councilmembers present: Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, Mike Stites, and Terry Womble. Also present: Deputy City Clerk, Christa Jones; City Manager, Randy Young; City Attorney, Gerald Dahl; Director of Parks and Recreation, Joyce Manwaring; Deputy City Manager, Patrick Goff; Chief of Police, Dan Brennan; City Treasurer, Mary Cavarra; interested citizen, Sue Wilson, Item 1. Discussion regarding Cabela's Project Environmental Assessment funding Mr. Young distributed copies of proposed Resolutions and asked that they be added to the Agenda for the Special Meeting to be held at 7'00 p m tonight. He briefed Council on the purpose for these Resolutions. RESOLUTION 46-2006 - APPROVING THE JOINT FUNDING OF THE 1-70/32ND AVENUE INTERCHANGE IMPROVEMENT PROJECT IN AN AMOUNT NOT TO EXCEED $3.275M RESOLUTION 47-2006 - APPROVING AN APPLICATION FOR A $3,000,000 LOAN FROM THE COLORADO STATE INFRASTRUCTURE BANK FOR PARTIAL FUND OF IMPROVEMENTS TO THE INTERSTATE 70 AND 32ND AVENUE INTERCHANGE. Meeting adjourned at 7:00 p.m. ~~v-- Christa Jones, Deputy City lerk