HomeMy WebLinkAboutVirtual City Council Meeting Agenda 05-10-21AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO May 10, 2021
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CALL TO ORDER PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
PROCLAMATIONS AND CEREMONIES
National Police Week
National Public Works Week
APPROVAL OF MINUTES
City Council minutes of April 26, 2021.
CITY COUNCIL AGENDA: May 10, 2021 Page -2-
APPROVAL OF AGENDA CITIZENS’ RIGHT TO SPEAK a. Citizens may speak on any matter not on the Agenda for a maximum of 3 minutes
under Citizens Right to Speak. Please speak up to be heard when directed by the
Mayor. b. Citizens who wish to speak on a Public Hearing item or Decision, Resolution or Motion may speak when directed by the Mayor at the conclusion of the staff report
for that specific agenda item.
c. Citizens may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record.
1. CONSENT AGENDA
a. Resolution No. 21-2021 - a resolution amending the fiscal year 2021 General Fund budget to reflect the approval of a supplemental budget appropriation in
the amount of $60,000 for the purpose of accepting a grant from CDOT and a contribution from Renewal Wheat Ridge for the purchase and installation of pop-up patios along 38th Avenue b. Resolution No. 22-2021 - a resolution amending the fiscal year 2021 General
Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $50,000 and the addition of one time-limited full time employee in the Planning Division of the Community Development Department to conduct building permit plan reviews and inspections
c. Resolution No. 23-2021 - a resolution amending the Fiscal Year 2021 Open Space Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $35,175 for the purpose of accepting a grant from the Colorado Health Foundation for Anderson Park Nature Play Area Phase II
d. Resolution No. 24-2021 - a resolution amending the Fiscal Year 2021 Open Space Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $5,000 for the purpose of accepting a grant from Early Childhood Health Outdoors for the Anderson Park Nature Play Area
e. Resolution No. 25-2021 - a resolution authorizing the Mayor to execute an agreement with Jefferson County Open Space to accept a trails grant in the amount of $466,141 for the Wadsworth Improvement Project
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING ORDINANCES ON FIRST READING
2. Council Bill No. 05-2021 - an ordinance prohibiting deadly weapons on City
property and making other amendments consistent with state weapons laws
CITY COUNCIL AGENDA: May 10, 2021 Page -3-
3. Council Bill No. 06-2021 - an ordinance reappointing presiding Municipal Judge Christopher Randall and approving a presiding municipal judge services agreement 4. Council Bill No. 07-2020 - an ordinance amending Section 16-103 of the Wheat
Ridge Code of Laws, concerning regulation of noise DECISIONS, RESOLUTIONS AND MOTIONS
5. Motion to approve appointment of representatives to the 2022 Outside Agency
Program Committee 6. Resolution No. 26-2021 - a resolution amending the fiscal year 2021 Capital Improvement Project budget to reflect the approval of a supplemental budget
appropriation for the purpose of awarding a contract amendment and subsequent payments to Short Elliot Hendrickson, Inc., Denver, CO, in an amount not to exceed $160,563.36 for professional services to complete the construction plans and specifications for Wheat Ridge Ward Station street improvements
7. Resolution No. 27-2021 - a resolution amending the fiscal year 2021 general fund budget to reflect the approval of a supplemental budget appropriation in the amount of $24,000 for election services CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT TO SPECIAL STUDY SESSION
PROCLAMATION NATIONAL POLICE WEEK & NATIONAL PEACE OFFICERS MEMORIAL DAY WHEREAS, the Congress and President of the United States have designated May 15
as Peace Officers Memorial Day, and the week in which it falls as Police Week; and WHEREAS, the people of Colorado have shared in the grief of the tragic death of Officer Eric Talley, who gave his life to save others while on duty in Boulder on March 20, 2021; and WHEREAS, it is important to recognize and honor the sacrifice made by those who are injured or who die in the line of duty; and WHEREAS, the members of the City of Wheat Ridge Police Department play an essential role in safeguarding the rights and freedoms of all who work, play, and live in our City; and WHEREAS, the past year created unique challenges for our community and increased risk for the men and women of the Wheat Ridge Police Department as we protected the health and safety of the department as well as the community in the face of the global COVID-19
pandemic; and WHEREAS, it is important that everyone know and understand the problems, duties and
responsibilities of our police department, and that our local law enforcement agency recognizes their duty to serve our community by safeguarding life and property, by providing protection against violence and disorder, and by shielding the innocent against deception and the weak against oppression or intimidation; and WHEREAS, over the course of the past 52 years, the police department of the City of Wheat Ridge has grown to be a modern and scientific law enforcement agency which tirelessly provides a vital public service in partnership with the law-abiding members of our community. NOW, THEREFORE, BE IT RESOLVED, I, Mayor Bud Starker, call upon all those living and working in Wheat Ridge, and upon all of our community’s patriotic, civil and educational
organizations to observe the week of May 9-15, 2021, as
NATIONAL POLICE WEEK
Honoring law enforcement officers, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to our community and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all members of the community. I FURTHER call upon our community to observe May 15, 2021 as
NATIONAL PEACE OFFICERS MEMORIAL DAY
To honor those peace officers who, through their courageous deeds, have lost their lives or who
have been injured in the performance of their duty.
IN WITNESS THEREOFF, on this 10th day of May 2021
__________________________ Bud Starker, Mayor
________________________ Steve Kirkpatrick, City Clerk
PROCLAMATION NATIONAL PUBLIC WORKS WEEK WHEREAS, public works services provided in our community are an integral part of our resident’s everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as streets and highways, traffic signals and signs, lighting, bridges, storm sewers, drainage, and fleet; and
WHEREAS, the health, safety, and quality of life of this community greatly
depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, construction, and maintenance are vitally dependent upon the efforts
and skill of public works officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people’s attitude and understanding of the importance of the work they perform; and
WHEREAS, the City of Wheat Ridge Public Works Department responsibly manages transportation, drainage facilities and fleet operations in a safe, efficient, innovative, and environmentally responsible manner, utilizing our dedicated, highly-skilled employees and partnerships to promote a high quality of life for the City and the
public; and WHEREAS, the 23 employees of the Department, comprised of Operations and Constructions Services, maintain more than 133 miles of streets, 36 miles of storm sewers, 9,500 street name and traffic control signs, 37 traffic signals, 350 street and
pedestrian lights, 150 vehicles and pieces of large equipment, manages and administers all construction work in the public right of way, oversees Capital Improvement Program maintenance projects, other related agency projects, and other critical infrastructure activities.
NOW THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby proclaim the week of May 16-22, 2021 as
NATIONAL PUBLIC WORKS WEEK
in the City of Wheat Ridge and I call upon all community members and civic organizations to acquaint themselves with the issues involved in providing our public works services and to recognize the contributions which public works officials make
every day to our health, safety, comfort, and quality of life.
__________________________ Bud Starker, Mayor
__________________________
Steve Kirkpatrick, City Clerk
City Council Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
April 26, 2021
Note: This meeting was held virtually, using Zoom video-teleconferencing technology. As
duly announced and publicly noticed, Council previously approved this format in order to
continue with normal business and respond to the CoVid-19 Pandemic and the related
public emergency orders promulgated by the President of the United States, the Governor
of Colorado, and the Wheat Ridge City Council. Before calling the meeting to order,
Mayor Starker stated the rules and procedures necessitated by this meeting format.
Mayor Starker called the Regular City Council Meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ROLL CALL OF MEMBERS
Janeece Hoppe Judy Hutchinson Zachary Urban Rachel Hultin
Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck
Also present: City Clerk, Steve Kirkpatrick; City Attorney, Gerald Dahl; City Manager,
Patrick Goff; City Treasurer, Chris Miller; Administrative Services Director, Allison
Scheck; Community Development Director Ken Johnstone; Police Chief Chris Murtha;
Director of Parks and Recreation, Karen O’Donnell; Director of Public Works, Greg
Knudsen; Division Chief, Darrel Guadnola; Deputy City Clerk, Robin Eaton, other staff,
guests and interested citizens.
PROCLAMATIONS AND CEREMONIES
Mayor Starker read a proclamation declaring April 30, 2021 as City of Wheat Ridge
Arbor Day Celebration day. Whereas trees have always been regarded as an important
asset to the residents of the community of Wheat Ridge, providing one of the first
business opportunities in the 1860's. He encouraged community members and
businesses of Wheat Ridge to care for, enjoy and appreciate trees in your yard and
neighborhood.
Ms. O’Donnell and two of her staff, Mr. Jim Roemmelt and Mr. Zach Lovato, graciously
acknowledged the proclamation, and thanked the Mayor and Council for their
acknowledgement of this long-standing and important Holiday.
Mayor Starker proclaimed the week of May 2 – 8, 2021 as Municipal Clerks Week
where the duties of the Municipal Clerk are many including serving as the official record
keeper for the municipality, issuing licenses and permits, facilitating the annual board of
City Council Minutes April 26, 2021 page 2
review and municipal redistricting project, attending meetings, and serving as a
community resource.
City Clerk Steve Kirkpatrick and Deputy City Clerk Robin Eaton acknowledged the
recognition, saying a few words of appreciation and gratitude for the proclamation.
Mayor Starker then proclaimed the week of May 2-8, 2021 as Public Service
Recognition Week. Where the dedicated employees and volunteers of Wheat Ridge
are an integral part of improving the quality of life in our City by being responsive to the
needs of residents and businesses, and by supporting City services, thus making Wheat
Ridge a special place to live, work and play. He called upon all members of the
community and civic organizations to acquaint themselves with the issues involved in
providing our public services and to recognize the contributions that public service
employees and officials make every day to our health, safety, comfort, and quality of
life.
Greg Knudson, Director of Public Works and Karen O’Donnell, Director of Parks and
Recreation responded with appreciative comments on behalf of their two departments.
A number of their staff attended the session to accept the proclamation’s acknowledge-
ment of their dedication, professionalism and service.
Mayor Starker Proclaimed the month of May, 2021 as Mental Health Month and called
upon all residents, government agencies, public and private institutions, businesses,
and schools to recommit our communities and resources to increasing awareness and
understanding of mental health, providing appropriate and accessible services for all
community members, and making mental health a priority.
Susan Anderson of Parks and Recreation and Julia Marvin from the Jefferson Center
thanked the Mayor and Council for this important proclamation.
Mayor Starker also proclaimed the Month of May 2021 as Asian/Pacific American
Heritage Month and encouraged everyone to commemorate this important occasion in
recognition of the numerous contributions made by the Asian American and Pacific
Islander communities locally, nationally, and globally.
Members of the Wheat Ridge Equity Task Force attended to thank the Mayor and
Council for this proclamation: Saha Amara Singham and Ed Nepomuceno. Morgan
Richards also attended to acknowledge this proclamation.
Mr. Singham and Mr. Nepomuceno graciously accepted the proclamation, each briefly
commenting on the contributions the APIC makes to our inclusive and diverse City, our
state and our nation.
APPROVAL OF MINUTES
Without objection or correction, the City Council Minutes of April 12, 2021 and Study
Session Notes of April 5, 2021 and April 19, 2021 were approved as published.
City Council Minutes April 26, 2021 page 3
Councilmember Hoppe noted that a clerical error required that the Clerk re-send the
Study Session notes of April 5; those are herewith approved with the other two listed.
APPROVAL OF AGENDA
Without objection or correction, the agenda stood as announced.
CITIZENS’ RIGHT TO SPEAK
No one came forward to speak this evening.
Note about Wheat Ridge Speaks:
Citizens may visit the Wheat Ridge Speaks website and enter written comments
of up to 1,000 words on any Council agenda item. The deadline for citizens to
submit comments is 12:00 Noon Mountain Time on the day of a Council session
so that Council members, other elected officials and City Staff have time to
review the comments before the meeting on Monday evening.
The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into
these minutes, placing each comment along with the record for that agenda item,
including items that include a public hearing (verbatim, if the comments do not
contain lascivious language or unlawful hate speech).
There were no comments entered in Wheat Ridge Speaks for this Council Meeting.
1. CONSENT AGENDA
Discussion began at approximately 7:19 PM
Councilmember Hoppe introduced the consent agenda.
a. Motion to approve payment to Bank of Oklahoma for 2021 principal and interest payments in the amount of $3,497,100 for the City of Wheat Ridge, Colorado Sales and Use Tax Revenue Bonds, Series 2017A
b. Resolution No. 17-2021 - a resolution designating the Municipal Building main entrance as the official public notice posting location and the Jeffco Transcript as the official newspaper of general circulation for City publications in 2021
c. Resolution No. 18-2021 - a resolution amending the fiscal year 2021 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $31,845 and the addition of one full time employee for the licensing technician
d. Motion to approve the appointment of Councilmember Amanda Weaver to the City of Wheat Ridge Seizure and Forfeiture Committee Motion by Councilmember Hoppe to approve Consent Agenda Items a.), b.), c.) and d.)
Seconded by Councilmember Stites; motion carried 8-0.
City Council Minutes April 26, 2021 page 4
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
None for tonight
ORDINANCES ON FIRST READING
None for tonight
DECISIONS, RESOLUTIONS AND MOTIONS
Discussion began at approximately 7:28 PM
2. Resolution No. 19-2021 - A Resolution amending the 2021 Open Space
Fund Budget to reflect the approval of a supplemental budget appropriation in
the amount of $516,100 for the purpose of the Prospect Park Phase II project.
Councilmember Nosler Beck introduced Resolution No. 19-2021
The Open Space Fund Budget in 2021 includes $1.8 million for the Prospect Park
Phase II project. Construction costs have increased significantly since this project was
designed in 2018. Therefore, we are requesting a supplemental budget appropriation in
the amount of $516,100 from the Open Space Fund undesignated reserves to complete
this phase of the project in 2021.
City Manager Patrick Goff reported on some of the prior actions, along with the financial
impacts and introduced Director of Parks and Recreation, Karen O’Donnell who spoke
on the topics, including the new fishing dock and shelter area.
Where design and construction of Prospect Park Phase I was approved in August 2016
and the design of Phase II was approved in January of 2018. Construction was delayed
until 2021 to allow for funding to be diverted to complete the Anderson Park project.
Prospect Park Phase II includes the addition of lighted pickle ball courts, an improved
park entrance drive and improved access to the north side of Prospect Lake with the
addition of a fishing dock and a small shelter. Also included are a new picnic pavilion,
resurfaced trail, and relocation of the playground in the south area of the park.
The city received new funds from GOCO Resilient Communities Grant in the amount of
$197,179, for the fishing component, and from Jefferson County Open Space Trail
Partnership Program Grant for the Wadsworth Improvement project, which will decrease
expenditures in the Open Space Fund Budget by $250,000.
Public Comment
No one came forward to speak.
Motion by Councilmember Nosler Beck to approve Resolution 19-2021- a resolution
amending the 2021 Open Space Fund Budget to reflect the approval of a supplemental
budget appropriation in the amount of $516,100 for the purpose of the Prospect Park
Phase II project, seconded by Councilmember Urban; motion carried 8-0,
City Council Minutes April 26, 2021 page 5
3. Resolution No. 20-2021 - A Resolution approving a Memorandum of
Understanding between Porchlight, a Family Justice Center and the City of
Wheat Ridge
Discussion began at approximately 7:35.
Councilmember Weaver introduced Resolution No. 20-2021
PorchLight, a Family Justice Center began operations on February 25, 2021 and has
been open serving victims and survivors since that time. The attached memorandum of
understanding (MOU) is proposed in an effort to establish the expectations and
commitments of service providers affiliated with PorchLight
Division Chief Darrel Guadnola spoke in reference to the MOU as where more than 75
partner agencies have been working together to provide coordinated services for victims
of violence. Violence can include physical abuse, emotional abuse, harassment, threats,
strangulation, murder, elder and at-risk adult abuse, human trafficking, property
damage, and child abuse. The advantage of the Family Justice Center is for victims of
crime to have one-stop access to essential services. The City of Wheat Ridge is an
important and participating partner in Porchlight.
Porchlight opened its doors to victims and survivors on February 25, 2021. In an effort
to set expectations with regard to participating organizations, a memorandum of
understanding was drafted outlining expectations of all service providers affiliated with
PorchLight.
This memorandum of understanding assures PorchLight that when Wheat Ridge PD is
needed at their facility, WRPD will endeavor to arrive within one hour of being
requested, and that Wheat Ridge PD will assign a staff liaison to serve as the primary
point of contact between Wheat Ridge and PorchLight.
Public Comment
No one came forward to speak.
Council Questions
Councilmember Hultin commented that she has visited the new center and is very
pleased that the Center is open and operating. She was very impressed with the
facilities, the array of services and the professionalism of the staff.
Councilmember Hoppe echoed Councilmember Hultin’s comments and noted that the
services offered are vitally important to our City. She expressed the hope that similar
Centers will open in surrounding cities.
Motion by Councilmember Weaver to approve Resolution 20-2021- a resolution
approving a Memorandum of Understanding between Porchlight, a Family Justice
Center, and the City of Wheat Ridge, seconded by Councilmember Hoppe; motion
carried 8-0,
City Council Minutes April 26, 2021 page 6
CITY MANAGER’S MATTERS
Mr. Goff reported on progress with the application submitted through Congressman
Perlmutter’s Office for funding of the Wadsworth project under the newly passed
Federal legislation. By June or July, we should know more.
A community meeting is scheduled on May 11 on the subject of homelessness. The
public is invited to comment and participate. The virtual session will be recorded.
Details for those who would like to participate appear on the City’s website.
Chief Murtha thanked Councilmember Weaver for stepping forward to join the Seizure
and Forfeiture Committee.
CITY ATTORNEY’S MATTERS
Nothing tonight.
ELECTED OFFICIALS’ MATTERS
Councilmember Stites reminded us to support Wheat Ridge businesses.
Councilmember Weaver noted that last year she got to know the Jefferson Center in
some detail. She lauded both their array of services and the depth of their
professionalism.
Councilmember Hultin emphasized her gratitude for the performance, professionalism
and enthusiasm for our City staff. She also expressed her support for the Tree City
USA proclamation and the effort it represents to improve our cityscape. She also asked
whether anyone who has experienced homelessness will participate in the
homelessness session next month.
Councilmember Hutchinson reported that anyone who has branches or limbs to recycle
may bring them to Anderson Park.
Councilmember Hoppe announced that May 1, 9 AM to Noon will be the first, self-
guided walking tours of the Lutheran Medical Center campus.
She also thanked Mayor Starker for his work on the several proclamations issued this
evening.
The Mayor acknowledged the great resources represented by the folks who were
recognized in this evening’s proclamations.
He also emphasized the importance of the homelessness forum on May 11. This is a
key issue for City residents and our residents’ input will be warmly welcomed.
ADJOURNMENT
The meeting adjourned at 7:53 pm.
City Council Minutes April 26, 2021 page 7
_____________________________ Steve Kirkpatrick, City Clerk
APPROVED BY CITY COUNCIL ON May 10, 2021
______________________________
Janeece Hoppe, Mayor Pro Tem
The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members.
Recordings and DVD’s of the meetings are available for listening or viewing by contacting the City Clerk’s Office, as well as copies of Ordinances and Resolutions.
ITEM NO: 1a
DATE: May 10, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 21-2021 – A RESOLUTION AMENDING THE FISCAL YEAR 2021 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $60,000 FOR THE PURPOSE OF ACCEPTING A GRANT FROM CDOT AND A CONTRIBUTION FROM RENEWAL WHEAT RIDGE FOR THE
PURCHASE AND INSTALLATION OF POP-UP PATIOS ALONG
38TH AVENUE
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
______________________________ __________________________ Community Development Director City Manager ISSUE:
The City was awarded a Revitalizing Main Streets grant from the Colorado Department of
Transportation (CDOT) in the amount of $50,000 and received a $10,000 contribution from Renewal Wheat Ridge (RWR) to purchase and install two pop-up patios, which include bike racks and handwashing stations, along 38th Avenue. A supplemental budget appropriation is required to accept and appropriate the grant and contribution in the 2021 budget.
PRIOR ACTION: None FINANCIAL IMPACT:
A supplemental budget appropriation from General Fund undesignated reserves in the amount of
$60,000 is required to fund this request. The full amount of this request will be offset by grant revenues from CDOT and a contribution from RWR.
Council Action Form – 2021 Main Streets Budget Supplemental May 10, 2021
Page 2
BACKGROUND: In July 2020, the City submitted an application for a Main Streets grant for the purchase and
installation of two pop-up patios, including bike racks and handwashing stations, for 38th
Avenue. The Main Streets grants are administered by CDOT and were in response to the impacts of COVID-19 on local economies. In late December 2020, the City received notice that the grant had been awarded. A purchase order was received from CDOT in late March 2021.
RWR is providing a contribution of $10,000 that exceeds the required local match of 10%. In
addition, City staff will provide an additional local match in an estimated amount of $7,000 for in-kind services to assembly and install the pop-up patios. The total local match provided is 25%. The new pop-up patios will be located along 38th Avenue at two restaurants or businesses that
will be selected through an application process. The primary goal of the use of these grants is to
provide additional outdoor seating for restaurants along 38th Avenue in light of the ongoing COVID-19 health emergency. City staff is targeting getting the patios operational prior to the July 4 weekend.
The elements being funded by the grant and contribution are two sets of pop-up patios, bike
racks, and hand sanitizing stations. The pop-up patios will be similar to what was installed along 38th Avenue in 2012. City staff is working with a local metal fabricator to design unique bike racks that will be manufactured in Wheat Ridge. The hand sanitizing stations will be portable units that will be stored inside when the restaurant is not open.
RECOMMENDATIONS: Staff recommends approval of the supplemental budget appropriation request. RECOMMENDED MOTION:
“I move to approve Resolution No. 21-2021, a resolution amending the fiscal year 2021 General
Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $60,000 for the purpose of accepting a grant from CDOT and a contribution from Renewal Wheat Ridge for the purchase and installation of pop-up patios along 38th Avenue.”
Or,
“I move to table indefinitely Resolution No. 21-2021, a resolution amending the fiscal year 2021 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $60,000 for the purpose of accepting a grant from CDOT and a contribution from
Renewal Wheat Ridge for the purchase and installation of pop-up patios along 38th Avenue, for
the following reason(s) __________________________.” REPORT PREPARED BY: Mark Westberg, Projects Supervisor
Steve Nguyen, Engineering Manager
Ken Johnstone, Community Development Director
Council Action Form – 2021 Main Streets Budget Supplemental May 10, 2021
Page 3
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 21-2021
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 21 Series of 2021
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2021 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $60,000 FOR THE PURPOSE OF ACCEPTING
A GRANT FROM CDOT AND A CONTRIBUTION FROM RENEWAL WHEAT RIDGE FOR THE PURCHASE AND INSTALLATION OF POP-UP PATIOS ALONG 38TH AVENUE
WHEREAS, the City has received a grant from CDOT and a contribution from Renewal Wheat Ridge for the purchase and installation of pop-up patios and associated
amenities along 38th Avenue; and
WHEREAS, the council recognizes the importance and significance of providing additional outdoor dining spaces during the ongoing COVID-19 pandemic; and WHEREAS, insufficient appropriations in the 2021 Budget exist to cover these
reimbursable expenditures; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. A transfer of $60,000 is hereby approved from the General Fund undesignated reserves to account 30-303-800-892 and the 2021 revenues are amended accordingly.
DONE AND RESOLVED this 10th day of May 2021.
Bud Starker, Mayor
ATTEST: Steve Kirkpatrick, City Clerk
ATTACHMENT 1
ITEM NO: 1b
DATE: May 10, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 22-2021 – A RESOLUTION AMENDING THE FISCAL YEAR 2021 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION IN THE AMOUNT OF $50,000
AND THE ADDITION OF ONE TIME-LIMITED FULL TIME
EMPLOYEE IN THE PLANNING DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT TO CONDUCT BUILDING PERMIT PLAN REVIEWS AND INSPECTIONS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO _______________________________ ______________________________
Community Development Director City Manager ISSUE: The Building Division in the Community Development Department is experiencing record volumes of permit activity over the past several years. Because of the volume of permits and
various other priorities and projects underway in the Planning Division, it has been a struggle
over the last several months to maintain the City’s long established plan review customer service timeframes that commit staff to reviewing residential permits in 2-4 weeks. Based on the significant pipeline of permits foreseen over the next two years, there is a need to hire a time-limited employee to meet the work volume and maintain customer service expectations.
PRIOR ACTION: Except for the addition of two staff positions associated with the City’s new resident engagement program, the Planning Division has not added a staff position since 2007, when a long-range planner was added to the team. That long-range planner position was a specific recommendation
of the original Neighborhood Revitalization Stratetgy, which recommended that the City develop
Council Action Form – Planning Division Reviewer/Inspector May 10, 2021
Page 2
a series of subarea plans and eventually a new citywide comprehensive plan. In 2017, the City made a switch to 100% contract employees in the Building Division. One of the advantages of
that arrangement is that the contract team can (and does) ramp up (and occasionally down) their
staffing to be responsive to the current volume of work. By example, we have recently added back a third building permit tech position to respond to current work volume. To date, the zoning review portion has been absorbed by existing staffing. This position request was presented to Council during a study session on May 3, 2021 at which there was consensus to proceed with
creation of the position. FINANCIAL IMPACT: The position has been classified by the Human Resources Manager as a non-exempt grade 80 in the City’s pay plan. The position’s pay range is $53,600 to $80,400. Assuming a starting rate
close to the middle of the grade, and inclusive of FICA, Medicare, pension and benefits, the cost
for a full year is estimated at $78,447 plus technology. For 2021, this will require a budget supplemental appropriation of $50,000. For 2021, we budgeted the following building division revenues:
• contractor licensing - $130,000 ($34,100 in actual revenue through March)
• building permits - $1,000,000 ($349,029 through March)
• plan review - $300,000 ($95,795 through March)
In total, year to date revenues through March represent 34% of budgeted revenues through 25% of the calendar year. It should also be noted that January through March are typically three of our slower revenue months in the building division. Conservatively, staff would estimate in building permit revenues alone that we will generate $1,250,000 to $1,500,000, so an increase of
$250,000 to $500,000 over budgeted revenues. Also, we have not accounted for any SCL/Lutheran west campus permit revenues in our budget projects, though they do intend to start getting permits as early as June 2021. BACKGROUND:
All three functional divisions in Community Development (Planning, Building and Engineering) have a role in reviewing and issuing permits. Staffing in those divisions has been static for many years, even in the face of significant upward trends in relation to land use applications and building permits. Because the current and anticipated volume of building permits is expected to remain very high, there is a need in the Planning Division to add a planner to be focused for at
least the next 1-2 years on the processing of building permits. Time-limited staff are restricted by City policy to five years. Staff provided additional information regarding the significant upward trend at the study session on May 3, 2021. RECOMMENDATIONS:
Staff recommends approval of the supplemental budget request and additional FTE request.
Council Action Form – Planning Division Reviewer/Inspector May 10, 2021
Page 3
RECOMMENDED MOTION: “I move to approve Resolution No. 22-2021, a resolution amending the fiscal year 2021 General
Fund budget to reflect the approval of a supplemental budget appropriation in the amount of
$50,000 and the addition of one time-limited full time employee in the Planning Division of the Community Development Department to conduct building permit plan reviews and inspections.” Or,
“I move to postpone indefinitely Resolution No. 22-2021, a resolution amending the fiscal year 2021 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $50,000 and the addition of one time-limited full time employee in the Planning Division of the Community Development Department to conduct building permit plan reviews
and inspections for the following reason(s) ______________________________________.” REPORT PREPARED AND REVIEWED BY: Kenneth Johnstone, Community Development Director Lauren Mikulak, Planning Manager
Allison Scheck, Administrative Services Director
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 22-2021
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 22 Series of 2021
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2021 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $50,000 AND THE ADDITION OF ONE TIME-
LIMITED FULL TIME EMPLOYEE IN THE PLANNING DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT TO CONDUCT BUILDING PERMIT PLAN REVIEWS AND INSPECTIONS
WHEREAS, the Community Development’s Building Division issues building
permits for a broad range of construction activities on private property; and WHEREAS, the volume of permits issued has been trending up significantly over the past several years and even more sharply in recent months; and
WHEREAS, the Planning Division conducts reviews and inspections of most of those building permits to verify zoning compliance; and WHEREAS, the Planning Division now has a need to fund an additional time-
limited plan review and inspector position for a period of approximately two years; and WHEREAS, insufficient appropriations in the 2021 Budget exist to cover these new expenditures; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. A transfer of $42,000 is hereby approved from the General Fund undesignated reserves to account 01-121-600-602 Section 2. A transfer of $8,000 is hereby approved from the General Fund undesignated reserves to account 01-610-600-626 Section 3. The City’s staffing plan is increased by one full time employee to
accommodate the Planning Division Plans Reviewer/Inspector DONE AND RESOLVED this 10th day of May 2021.
Bud Starker, Mayor
ATTEST: Steve Kirkpatrick, City Clerk
ATTACHMENT 1
ITEM NO: 1c
DATE: May 10, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 23-2021 – A RESOLUTION AMENDING
THE FISCAL YEAR 2021 OPEN SPACE FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $35,175 FOR THE PURPOSE OF ACCEPTING A GRANT FROM THE COLORADO HEALTH FOUNDATION FOR ANDERSON PARK NATURE PLAY AREA PHASE II
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_____________________________ Director of Parks & Recreation City Manager
ISSUE:
The Parks and Recreation Department is seeking City Council acceptance of grant funds from the Colorado Health Foundation in the amount of $35,175 for phase II of the Anderson Park Nature Play Area. Phase II includes a star-shaped labyrinth, an ADA-access ramp and path, a raised deck for the outdoor classroom, bilingual informational and land acknowledgement
signage, additional landscaping, horticulture and forestry work and a grand opening event. A
supplemental budget appropriation is required to appropriate these funds into the Open Space Fund budget. PRIOR ACTION:
The City previously received grant money from Early Childhood Health Outdoors (ECHO) for
phase I of the Anderson Park Nature Play Area which was completed in 2020.
Council Action Form – Agreement Approval & Acceptance of CHF Grant Funds May 10, 2021
Page 2
FINANCIAL IMPACT: There is no financial impact to the City’s budget as these grant funds do not require a local
match.
BACKGROUND: The City is partnering with Wilmore-Davis Elementary School on the elementary school student-driven Anderson Park Nature Play Area, which saw phase I completed in 2020. With an initial seed grant from ECHO, the City completed the primary pathway in the Anderson Park Nature
Play Area. After the seed grant funds were exhausted, the City funded plants for the bird habitat
and the pollinator garden, the secondary paver stone pathway, and the temporary protective fence. Phase II includes a star-shaped labyrinth, an ADA-access ramp and path, a raised deck for the outdoor classroom, bilingual informational and land acknowledgement signage, additional landscaping, horticulture and forestry work and a grand opening event.
Wilmore-Davis follows a project-based learning curriculum and pods at the Nature Play Area were proposed as potential projects. The entire school embraced the idea and each combination grade choose a pod. The K/1 grade chose a bird habitat, the 2/3 grade chose a history area and the 4/5 grade chose a labyrinth. Students participated in kickoff meetings, site visits, research,
design, and presentations to City staff and an ECHO team member. The plan was for students to
complete the construction of their pods in 2020, but these activities were interrupted by COVID-19. The City also received a separate grant through Early Childhood Health Outdoors to complete
the history area of the nature playground. Components of the history area, as requested by the
2nd/3rd graders at Wilmore-Davis Elementary School include: 1) a dry riverbed to reflect nearby Clear Creek and its influence on Wheat Ridge 2) a wooden canoe carved and installed to reflect transportation of native peoples and explorers 3) a mine cart as a nod to the mining history on the creek 4) a beaver dam to highlight the engineering effort of the mammals and their presence in
Wheat Ridge 5) a wheat field to represent the agriculture history of the City and 6) a railroad
because of its importance to the expansion of the frontier and because students like them. RECOMMENDATIONS: Staff recommends the approval of this resolution in order to utilize grant funding to improve the
nature play area at Anderson Park for our community. RECOMMENDED MOTION: “I move to approve Resolution No. 23-2021, a resolution amending the Fiscal Year 2021 Open Space Fund budget to reflect the approval of a supplemental budget appropriation in the amount
of $35,175 for the purpose of accepting a grant from the Colorado Health Foundation for
Anderson Park Nature Play Area Phase II.” Or,
Council Action Form – Agreement Approval & Acceptance of CHF Grant Funds May 10, 2021
Page 3
“I move to postpone indefinitely Resolution No. 23-2021, a resolution amending the Fiscal Year 2021 Open Space Fund budget to reflect the approval of a supplemental budget appropriation in
the amount of $35,175 for the purpose of accepting a grant from the Colorado Health Foundation
for Anderson Park Nature Play Area Phase II for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Director of Parks & Recreation
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 23-2021 2. Letter from the Colorado Health Foundation, dated April 28, 2021
3. Copy of CHF Grant Agreement
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 23 Series of 2021
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2021 OPEN SPACE FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $35,175 FOR THE PURPOSE OF ACCEPTING A GRANT FROM THE COLORADO HEALTH FOUNDATION
FOR ANDERSON PARK NATURE PLAY AREA PHASE II WHEREAS, the City of Wheat Ridge was awarded a grant from the Colorado Health Foundation in the amount of $35,175 for phase II of the Anderson Park Nature Play Area; and
WHEREAS, the acceptance of the grant in the amount of $35,175 is subject to the
condition of execution of the attached agreement; and
WHEREAS, insufficient appropriations in the 2021 Budget exist to cover these reimbursable expenditures; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget
be effected by the City Council adopting a resolution.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado that:
Section 1. The City of Wheat Ridge hereby authorizes the Mayor to sign the grant agreement with the Colorado Health Foundation
Section 2. A transfer of $35,175 is hereby approved from the Open Space Fund undesignated reserves to account 32-601-800-871 and the 2021 revenues are amended accordingly.
DONE AND RESOLVED this 10th day of May 2021.
Bud Starker, Mayor ATTEST:
Steve Kirkpatrick, City Clerk
ATTACHMENT 1
April 28, 2021
Susan Bennett
Environmental Interpreter
City of Wheat Ridge Parks and Recreation
4005 Kipling Street
Wheat Ridge, CO 80033
Dear Susan Bennett:
This letter is in reference to the recent approval by the Colorado Health Foundation of the 18-month
grant in the amount of $35,175 for “Anderson Park Nature Play Area Phase II.”
We appreciate your active commitment to bringing health in reach for all and look forward to supporting
your efforts to achieve the results outlined in your proposal. The agreement was sent electronically
through DocuSign for review and execution. Please include your grant identification number, shown
below, on all future correspondence with the Colorado Health Foundation. We look forward to working
with you during the coming year. As a grantee of the Colorado Health Foundation, you can expect the
following:
We intend to respond to grantee email or phone inquiries within one business day. If one of our
staff members is out of the office, you will receive a notification.
Our goal is to provide a response to all grantee reports within 60 days of receiving the report. In
our response, we will acknowledge and comment briefly on the substance of the work.
We will continue to communicate internally at the Foundation with one another so that your
interactions are coordinated.
Once your grant agreement is finalized, we encourage you to share information about your new
grant with key audiences and the media. Please send any promotional content with information
about the grant, the Foundation or our staff to us for approval prior to distribution. Send any logo
requests or promotional content requiring review to info@coloradohealth.org.
Congratulations on this recognition of your important efforts. If at any time you have any questions
regarding this grant, please contact Sara Guillaume at (303) 953-3672 or
sguillaume@ColoradoHealth.org.
Sincerely,
Amy Latham
Chief Impact Officer
Grant ID: 20061
ATTACHMENT 2
Grant ID: 20061 -1 -
GENERAL, GRANTS TERMS, CONDITIONS, AND UNDERSTANDINGS
Title of Project:
Anderson Park Nature Play Area Phase II
Grant ID# 20061
Purpose of Project:
Implement phase II construction of the elementary school student-driven Anderson Park Nature Play Area, which saw phase I completed in 2020. Phase
II includes a star-shaped labyrinth, an ADA-access ramp and path, a raised deck for the outdoor classroom, bilingual informational and land
acknowledgement signage, additional landscaping, horticulture, and forestry work and a grand opening event.
Grantee Organization:
City of Wheat Ridge Parks and Recreation
4005 Kipling Street
Wheat Ridge, CO 80033
Checks to be Made Payable to:
City of Wheat Ridge
4005 Kipling Street
Wheat Ridge, CO 80033
Tax Identification Number:
Amount of Grant Awarded:
$ 35,175 over a 18-month period
Period for Which Support is Granted:
From May 01, 2021 Through October 31, 2022
Contingencies, if any:
Special Provisions, if any:3
1. Grantee agrees to allow the Foundation staff or consultants access to the project throughout the grant period to capture multimedia both pre- and post-
project. This multimedia would only be used by the Foundation to demonstrate impact of the grant. The Foundation will work with the grantee to obtain
any necessary client releases for distribution purposes.
2. Grantee agrees to install playground signage provided by the Foundation to acknowledge support of this grant funding.
Key Grantee Activities and Target Milestones:
1. Finalize design elements with stakeholders, including with students. (October 2021)
2. Contract for and build playground as designed. (May 2022)
3. Provide information about successes and challenges and utilization of the new infrastructure, including any relevant demographics related to
installation and usage, such as age, race/ethnicity, disability. (October 2022)
DocuSign Envelope ID: 4316468E-9FE2-4DEF-BB94-DB401D209359
ATTACHMENT 3
Grant ID: 20061 - 2 -
Intended Measurable Reach to be Reported on the Anticipated Number Served, if any:
Year 1 Anticipated Number Served: 3000
_________________________________________________________________________________________________________________________
Payment and Requirement Schedule
Requirement Due Date Requirement Payment Amount Approximate Payment
Schedule
May 25, 2021 Executed Agreement $35,175 May 27, 2021
December 01, 2022 Final Report
Payments are contingent upon receipt and approval of the associated requirements.
The Foundation uses an online system to receive reports and other requirements. Please visit www.coloradohealth.org for more information
_________________________________________________________________________________________________________________________
*Project Contact
(please correct the information below if necessary)
Susan Bennett
Environmental Interpreter
City of Wheat Ridge Parks and Recreation
4005 Kipling Street
Wheat Ridge, CO 80033
**Grantee Organization Primary Signatory
(please correct the information below if necessary)
Karen O'Donnell
Parks and Recreation Director
City of Wheat Ridge Parks and Recreation
4005 Kipling Street
Wheat Ridge, CO 80033
*The project contact is the individual directly responsible for developing the proposed activity, its implementation, and day-to-day direct supervision of
the project. The email associated with the project contact will be added to the Foundation’s email distribution list upon grant approval. To opt out of the
email distribution list please notify the Foundation by emailing grants@coloradohealth.org.
**The organization primary signatory is the CEO/Executive Director of the grantee organization.
DocuSign Envelope ID: 4316468E-9FE2-4DEF-BB94-DB401D209359
Grant ID: 20061 - 3 -
The Colorado Health Foundation is awarding this Grant to the above named organization
(“Grantee”) and Grantee agrees to, the following:
1. Tax Exempt Status, Grantee represents that:
a. To provide current and appropriate documentation if organization is a government
supported agency, such as school, museum, library or government agency or
department.
b. To provide The Colorado Health Foundation with immediate written notification
of any changes in the organization’s tax-exempt status.
2. Expenditure of Funds
This Agreement (together with any income earned upon investment of Grant funds) is
made for the purpose outlined herein and may not be expended for any other purpose
without The Colorado Health Foundation’s prior written approval. If the Grant is
intended to support a specific project or for a specific period, any portion of the Grant
unexpended at the completion of the project or the end of the period specified above
on Page 1 (the “Grant Period”) shall be returned immediately to The Colorado Health
Foundation. With prior written approval from The Colorado Health Foundation the
Grant Period may be extended in order to reach the anticipated outcomes. Requests
should be submitted using the form and instructions found at
www.ColoradoHealth.org in the “For Grantees” section.
3. Prohibited Use of Funds
Grantee will not permit any Grant funds or income derived from such funds to be
used for “political expenditures” as defined in Section 4955 of the Code, including but
not limited to participation or intervention in a political campaign for a public office.
This grant is not in any way earmarked to support or carry on any lobbying or voter
registration drive. Grantee intends to expend at least the amount of this grant on
project non-lobbying and non-voter registration activities in Grantee’s current fiscal
year.
Grantee represents that it is knowledgeable about Executive Order 13224 and the
USA Patriot Act of 2001 and Grantee will not permit any Grant funds or income
derived from such funds to be expended or re-granted so as to benefit any person or
organization with ties to terrorists.
4. Anti-Discrimination Expectations
Grantee will not willfully discriminate against a particular class of individuals and
will abide by all applicable local, state, and federal anti-discrimination laws in hiring,
employment practices and when providing services.
DocuSign Envelope ID: 4316468E-9FE2-4DEF-BB94-DB401D209359
Grant ID: 20061 - 4 -
5. No Assignment or Delegation
Grantee may not assign or otherwise transfer its rights or delegate any of its
obligations under this Agreement without the prior written approval of The Colorado
Health Foundation.
6. Records and Reports
Grantee must keep a record of all receipts and expenditures relating to this Agreement
and to provide The Colorado Health Foundation with a written report summarizing
the project promptly following the end of the Grant Period. The Colorado Health
Foundation may also require interim reports. Grantee reports should describe
progress achieving the Grant Purposes (including progress toward measurable results
and Key Grantee Activities and Target Milestones outlined above on Page 1) and
include a detailed accounting of the uses or expenditure of all Grant funds. Grantee
also agrees to provide any other information reasonably requested by The Colorado
Health Foundation. If Grantee obtains any audited financial statements covering any
part of the period of this Agreement, copies of such statements shall be provided to
The Colorado Health Foundation promptly after receipt. Grantee must keep the
financial records with respect to the Grant and this Agreement, along with copies of
any reports submitted to The Colorado Health Foundation, for at least four years
following the year in which all Grant funds are fully expended.
7. Required Notification
Grantee must provide The Colorado Health Foundation with immediate written
notification of: (1) its inability to expend the Grant funds for the Grant Purposes; or
(2) any expenditure of Grant funds for any purpose other than the Grant Purposes;
and, (3) any other breach by Grantee of this Agreement.
8. Reasonable Access for Evaluation and Oversight
The Colorado Health Foundation incorporates evaluation into its charitable grant-
making so that it and the Grantee can understand the impact of the Grant and how to
improve the impact of the charitable grant-making moving forward, and for the
benefit of other Grantees and for the State of Colorado. As a condition to the receipt
of this Grant, Grantee agrees to comply with and to participate in any requests from
The Colorado Health Foundation to conduct an evaluation of the effectiveness of this
grant (the “Evaluation”) either individually with the Grantee or with multiple grantees
as part of a broader strategy of The Colorado Health Foundation, including but not
limited to follow-up reporting and/or additional activities above and beyond those
listed in the Payment and Requirements section of this Agreement.
Grantee will permit The Colorado Health Foundation and its representatives, at its
request, to have reasonable access during regular business hours to its files, records,
accounts, personnel and clients, or other beneficiaries for the purpose of making such
financial audits, verifications, or program evaluations as The Colorado Health
DocuSign Envelope ID: 4316468E-9FE2-4DEF-BB94-DB401D209359
Grant ID: 20061 - 5 -
Foundation deems necessary or appropriate concerning the Grant and to discuss
Grantee’s programs, procedures and operations with Grantee’s personnel.
9. Research Involving Human Subjects:
If the Grant is to be used in whole or in part for research involving human subjects,
Grantee hereby certifies that Grantee, applying the ethical standards and the criteria
for approval of grants set forth in its Internal Review Boards and professional oaths,
has determined that the human subjects involved in this Grant will not experience risk
over and above that involved in the normal process of care and are likely to benefit
from the proposed research program.
10. Publicity:
The Colorado Health Foundation encourages Grantee to publicize information
concerning the Grant in the Grantee’s newsletters, annual reports, press releases,
website, social media and other relevant media. If the Grantee has received these
funds for “General Operating Support,” The Colorado Health Foundation expects to
be acknowledged as a sponsor for major events by the inclusion of The Colorado
Health Foundation’s logo in the event promotional materials and print collateral. For
more information and resources regarding the publicity of your grant, please visit
www.coloradohealth.org/communicating-about-your-grant.
Without further notice to or consent from Grantee, The Colorado Health Foundation
may include information regarding this Agreement and/or Grant, the amount and
purpose of the Grant and photographs, logo or trademark, and other published/printed
information or materials (provided by Grantee) and its activities, on The Colorado
Health Foundation’s communications channels, such as blog posts, newsletters, press
releases, website and social media.
11. Colorado Charitable Solicitations Act
Grantee represents that it is aware of and in compliance with the Colorado Charitable
Solicitations Act governing fundraising in Colorado.
12. Right to Modify or Revoke
The Colorado Health Foundation reserves the right to discontinue, modify or withhold
any payments to be made under this Agreement or to require a total or partial refund
of any Grant funds if, in The Colorado Health Foundation’s sole judgment , such
action is necessary or prudent: (1) because the Grantee has not fully complied with
the terms and conditions of this Agreement; (2) to protect the purpose and objectives
of this Agreement or any other charitable interest of The Colorado Health Foundation;
or (3) to comply with the requirements of any law or regulation applicable to Grantee,
The Colorado Health Foundation, or this Grant.
DocuSign Envelope ID: 4316468E-9FE2-4DEF-BB94-DB401D209359
Grant ID: 20061 - 6 -
13. Termination
The Colorado Health Foundation’s obligations under this Agreement shall
automatically terminate in the event of the insolvency, receivership, bankruptcy filing,
or dissolution of Grantee.
In addition to its right of revocation under Paragraph 12 above, The Colorado Health
Foundation may terminate this Agreement at any time by giving Grantee at least 30
days of written notice. Upon termination of this agreement for any reason, all
payments by The Colorado Health Foundation to Grantee shall cease at such time as
may be determined by The Colorado Health Foundation.
Termination or revocation of this Agreement by The Colorado Health Foundation will
not terminate Grantee’s obligations under this Agreement with respect to Grant funds
expended or otherwise not returned to The Colorado Health Foundation. Grantee’s
obligations under Paragraphs 6, 8, 10 and 16 shall also survive termination of this
Agreement.
14. Special Conditions and Reporting
Grantee will submit reports to The Colorado Health Foundation according to the
reporting schedule set forth on page one of this Agreement.
The Colorado Health Foundation requires grantees to share any public opinion
research conducted with foundation funds. Public opinion research includes both
qualitative and quantitative methods to learn about the thoughts, perceptions, or
beliefs of the general public, including but not limited to focus groups, ethnography,
online surveys, and telephone polling. Grantees should plan to share the results of this
research, including findings and reports, with the foundation. The Colorado Health
Foundation will not share the research without permission from the grantee.
15. Amendment
This Agreement may be amended, supplemented or extended only by written communication signed by The Colorado Health Foundation.
16. No Partnership Agency or Third Party Beneficiaries
Nothing contained in this Agreement shall create or be deemed to create a partnership or agency between The Colorado Health Foundation and Grantee and nothing
contained in this Agreement shall be deemed to give rise to any rights or benefits to third parties not a party to this Agreement.
17. Intellectual Property
(a) Grantee represents and warrants that it owns or has the right to use all intellectual
property that will be employed by Grantee or its agents in the performance of this
Agreement, including without limitation, Grantee’s obligations under subsection (c)
below.
(b) All works and matters created or discovered through the performance of this
Agreement, including but not limited to, implementation methodologies, best
DocuSign Envelope ID: 4316468E-9FE2-4DEF-BB94-DB401D209359
Grant ID: 20061 - 7 -
practices guides and training curricula (the "Work"), are owned by the Grantee
provided, however, that the Work may be used by Grantee only in furtherance of
charitable purposes (i.e., activities recognized by the IRS as charitable and not
resulting in “unrelated business taxable income” as defined in Section 512 of the
Code), unless otherwise agreed in writing by The Colorado Health Foundation.
(c) Grantee hereby grants to The Colorado Health Foundation a nonexclusive,
irrevocable, perpetual, worldwide, fully transferable, royalty-free license to (i) the
Work, to make, use, sell, license to others, reproduce, create derivative works of,
publish, republish, distribute, perform and display the Work in any current or future
form and for any purpose in furtherance of charitable purposes, and (ii) any other
intellectual property incorporated into or used in connection with the Work to the
extent reasonably necessary to enable The Colorado Health Foundation to use and
practice the licensed Work. The license herein granted to The Colorado Health
Foundation shall vest without any further action on the part of Grantee. Without the
prior written consent of The Colorado Health Foundation, Grantee will not enter into
any agreement with a third party that would restrict Grantee’s ability to perform its
obligations under this subsection (c).
18. Disclaimer
Nothing contained herein, including the required reporting and review procedures, shall be construed as a warranty, representation, or approval by The Colorado Health
Foundation that the services rendered by Grantee are adequately or properly rendered on either an individual or program-wide basis. Grantee shall have sole responsibility
for all damages, costs, fines, attorneys’ fees, or liabilities of any kind or nature arising
from any claims, demands or suits resulting from the Grantee’s performance or failure to perform under this Agreement.
19. Controlling Document
The terms and conditions of this Agreement shall be the controlling document
between The Colorado Health Foundation and Grantee. All verbal communication,
notes, minutes or other documentation of The Colorado Health Foundation shall be
deemed merged into this Agreement. In making this Grant, The Colorado Health Foundation has relied on the information and representations submitted to The
Colorado Health Foundation by Grantee and Grantee represents that all such information and representations are true and complete.
20. Future Funding
Grantee acknowledges that, except as expressly provided in this Agreement, The
Colorado Health Foundation has no obligation to Grantee with respect to any
additional or future funding.
21. Counterparts; Electronic Signature
This Agreement may be signed in multiple counterparts, which may be signed by the
parties separately, but together shall constitute a single agreement. The counterparts
of this Agreement may be executed and delivered by facsimile, email, other means of
electronic transmission, or other electronic signature and shall be deemed to have the
same legal effect as delivery of an original executed copy of this Agreement.
[Signature Page Follows]
DocuSign Envelope ID: 4316468E-9FE2-4DEF-BB94-DB401D209359
Grant ID: 20061 - 8 -
_______________________________________ __________________
Amy Latham Date
Chief Impact Officer
The Colorado Health Foundation
The undersigned certify that they are duly authorized officers of Grantee and, as such, are
authorized to accept this contract on behalf of Grantee, to obligate the Grantee to observe all of the terms and conditions placed on this Agreement, and in connection with this Agreement
to make, execute, and deliver on behalf of the Grantee all agreements, representations,
receipts, reports, and other instruments of every kind.
ACCEPTED AND AGREED TO:
__________________________________________
CEO/Executive Director of City of Wheat Ridge (typed/printed name)
__________________________________________ __________________
CEO/Executive Director (signature) Date
DocuSign Envelope ID: 4316468E-9FE2-4DEF-BB94-DB401D209359
ITEM NO: 1d
DATE: May 10, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 24-2021 – A RESOLUTION AMENDING
THE FISCAL YEAR 2021 OPEN SPACE FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $5,000 FOR THE PURPOSE OF ACCEPTING A GRANT FROM EARLY CHILDHOOD HEALTH OUTDOORS FOR THE ANDERSON PARK NATURE PLAY AREA
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_____________________________ Director of Parks & Recreation City Manager ISSUE: The Parks and Recreation Department is seeking City Council acceptance of grant funds from Early Childhood Health Outdoors (ECHO) in the amount of $5,000 for the Anderson Park Nature Play Area. This funding will be utilized to enhance the history area of the nature playground, including elements that were developed through a collaborative process with
students from Wilmore-Davis Elementary. A supplemental budget appropriation is required to appropriate these funds into the Open Space Fund budget. PRIOR ACTION: The City previously received grant money from Early Childhood Health Outdoors (ECHO) for
phase I of the Anderson Park Nature Play Area which was completed in 2020.
FINANCIAL IMPACT: There is no financial impact to the City’s budget as these grant funds do not require a local match.
Council Action Form – Acceptance of ECHO Grant Funds May 10, 2021
Page 2
BACKGROUND: The City is partnering with Wilmore-Davis Elementary School on the elementary school student-
driven Anderson Park Nature Play Area, which saw phase I completed in 2020. With an initial
seed grant from ECHO, the City completed the primary pathway in the Anderson Park Nature Play Area. After the seed grant funds were exhausted, the City funded plants for the bird habitat and the pollinator garden, the secondary paver stone pathway, and the temporary protective fence. Phase II includes a star-shaped labyrinth, an ADA-access ramp and path, a raised deck for
the outdoor classroom, bilingual informational and land acknowledgement signage, additional
landscaping, horticulture and forestry work and a grand opening event. Wilmore-Davis follows a project-based learning curriculum and pods at the Nature Play Area were proposed as potential projects. The entire school embraced the idea and each combination
grade choose a pod. The K/1 grade chose a bird habitat, the 2/3 grade chose a history area and
the 4/5 grade chose a labyrinth. Students participated in kickoff meetings, site visits, research, design, and presentations to City staff and an ECHO team member. The plan was for students to complete the construction of their pods in 2020, but these activities were interrupted by COVID-19.
The City also received a separate grant through Early Childhood Health Outdoors to complete the history area of the nature playground. Components of the history area, as requested by the 2nd/3rd graders at Wilmore-Davis Elementary School include: 1) a dry riverbed to reflect nearby Clear Creek and its influence on Wheat Ridge 2) a wooden canoe carved and installed to reflect
transportation of native peoples and explorers 3) a mine cart as a nod to the mining history on the
creek 4) a beaver dam to highlight the engineering effort of the mammals and their presence in Wheat Ridge 5) a wheat field to represent the agriculture history of the City and 6) a railroad because of its importance to the expansion of the frontier and because students like them.
RECOMMENDATIONS:
Staff recommends the approval of this resolution in order to utilize grant funding to improve the nature play area at Anderson Park for our community. RECOMMENDED MOTION:
“I move to approve Resolution No. 24-2021, a resolution amending the Fiscal Year 2021 Open
Space Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $5,000 for the purpose of accepting a grant from Early Childhood Health Outdoors for the Anderson Park Nature Play Area.”
Or,
“I move to postpone indefinitely Resolution No. 24-2021, a resolution amending the Fiscal Year 2021 Open Space Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $5,000 for the purpose of accepting a grant from Early Childhood Health Outdoors
for the Anderson Park Nature Play Area for the following reason(s) __________________.”
Council Action Form – Acceptance of ECHO Grant Funds May 10, 2021
Page 3
REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Director of Parks & Recreation
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 24-2021 2. Letter/Agreement from Early Childhood Health Outdoors (signed by Director of
Parks & Recreation on 4/29/21)
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 24 Series of 2021
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2021 OPEN SPACE FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $5,000 FOR THE PURPOSE OF ACCEPTING A GRANT FROM EARLY CHILDHOOD HEALTH OUTDOORS
FOR THE ANDERSON PARK NATURE PLAY AREA WHEREAS, the City of Wheat Ridge was awarded a grant from Early Childhood Health Outdoors in the amount of $5,000 for the Anderson Park Nature Play Area; and
WHEREAS, the acceptance of the grant in the amount of $5,000 is subject to the
condition of execution of the attached agreement; and
WHEREAS, insufficient appropriations in the 2021 Budget exist to cover these reimbursable expenditures; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado that:
Section 1. The City of Wheat Ridge hereby approves the grant agreement.
Section 2. A transfer of $5,000 is hereby approved from the Open Space Fund undesignated reserves to account 32-601-800-871 and the 2021 revenues are
amended accordingly.
DONE AND RESOLVED this 10th day of May 2021.
Bud Starker, Mayor
ATTEST: Steve Kirkpatrick, City Clerk
ATTACHMENT 1
- 1 -
ATTACHMENT 2
April 28, 2021
City of Wheat Ridge Parks and Recreation 4005 Kipling St. Wheat Ridge, CO 80033
Dear Ms. O’Donnell and Ms. Bennett, On behalf of The National Wildlife Federation, we are pleased to inform you that City of Wheat Ridge Parks and Recreation has been selected to be elevated to an Early Childhood Health Outdoors (ECHO) demonstration site. As an ECHO demonstration site, you will receive additional design and planning assistance and $5000 towards the installation of an outdoor learning environment that features best practices. You will also receive training and ongoing technical assistance to utilize the outdoor learning
environment with children. In order to begin work as an ECHO demonstration site, please complete the following forms.
Please return your forms within five business days to echo@nwf.org. If you have questions regarding this letter, grant acceptance, or site responsibilities, please contact Adrienne Sedlak, ECHO Education and Outreach Manager, at 303-441-5145.
Thank you for your investment in creating high-quality spaces that connect children and families to nature. We look forward to working with you over the coming years as you continue as an
ECHO demonstration site. Sincerely,
Brian Kurzel Regional Executive Director
National Wildlife Federation
- 2 -
Acceptance of Early Childhood Health Outdoors Demonstration Site Grant
Amount: $5000
On behalf of City of Wheat Ridge Parks and Recreation, I agree to the grant terms as outlined in this letter and will expend grant funds in accordance with my submitted grant application. Karen A. O’Donnell
Printed Name
Signature
4/29/21
Date
Anderson Park Nature Play Area
Program Name
- 3 -
Acknowledgement of Required Responsibilities as an ECHO Demonstration Site Please check to reconfirm your understanding of commitments to be a 2021 ECHO
Demonstration Site.
☒ Host annual training in partnership with the ECHO team.
☒ Facilitate ECHO professional development opportunities including hosting tours, panel
discussions, and sharing your process with early childhood professionals in partnership with the
ECHO team.
☒ Revisit your design plan in partnership with the ECHO design team.
☒ Engage your families and community throughout the ECHO process, including ongoing
planning, implementation and management.
☒ Staff participates in ECHO network. There are multiple ways to engage with the ECHO
network. We ask that each site participate yearly in at least one of the following: Attend demonstration site trainings at existing ECHO sites, site tours, online webinars, quarterly ECHO network webinars, and the annual ECHO Summit.
☒ Engage in professional learning cohort. Virtual Zoom meetings will be held to discuss best
practice in outdoor spaces, community engagement, physical activity, and additional topics as needed. Schedule and details will be determined based on selected site. Time commitment: 3-4 hours.
☒ Spend $5000 grant funds on outdoor play and learning improvements as outlined in the
action plan developed collaboratively with the ECHO design team.
☒ Spend grant funds within one calendar year after disbursement of monies.
☒ Engage in annual evaluation including photos, interviews, and surveys.
☒ Engage in regular communication with the ECHO team. Many communications are time
sensitive and require a response within 24 hours.
Karen A. O’Donnell
Printed Name
Signature 4/29/21
Date Anderson Park Nature Play Area
Program Name
- 4 -
Confirmation of Site Contact
Please reconfirm the primary ECHO contact for your site. This individual will work closely with the ECHO team to reach ECHO Demonstration Site goals. This individual must be available to respond to phone calls or emails from the ECHO team within 24 hours. Susan Bennett
Name of Site Contact 303-205-7564
Phone Number of Site Contact
sbennett@ci.wheatridge.co.us
Email of Site Contact
ITEM NO: 1e
DATE: May 10, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 25-2021 – A RESOLUTION
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH JEFFERSON COUNTY OPEN SPACE TO ACCEPT A TRAILS GRANT IN THE AMOUNT OF $466,141 FOR THE WADSWORTH IMPROVEMENT PROJECT
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________ Director of Parks & Recreation City Manager
ISSUE: The Parks and Recreation and Community Development Departments collaborated on a grant application for the Jefferson County Open Space (JCOS) Trails Partnership Program. The City was awarded $466,141 for the construction of two trail connections from the pedestrian facilities
on the east and west sides of Wadsworth Boulevard to the Clear Creek Trail (CCT) as part of the Wadsworth Improvement Project. Staff is seeking approval from City Council of the grant agreement and acceptance of the grant award.
PRIOR ACTION:
City Council was briefed on the addition of a trail connection to the CCT as part of the Wadsworth Improvement Project on March 20, 2017. FINANCIAL IMPACT:
Funding already budgeted for the Wadsworth Improvement Project will serve as the 50% match
required by this grant award.
Council Action Form – Agreement Approval & Acceptance of JCOS Grant Funds May 10, 2021
Page 2
BACKGROUND: JCOS recently revamped their Trails Partnership Program to fund grants up to 25% for local
projects and 50% for regional projects. The CCT is an existing regional trail in the Jefferson
County Trail Plan and is an integral part of the Peaks to Plains Trail system. This project will benefit Wheat Ridge, Arvada, Golden, and areas of unincorporated Jefferson County as the CCT is utilized by residents of these areas.
The Wadsworth Improvement Project includes trail connections along both sides of Wadsworth
to the CCT. The project will include the following elements:
• Connection of a 10’ – 12’ wide multi-use trail along the east side of Wadsworth from 35th Ave to the CCT
• Connection of a 8’ - 10’ wide sidewalk along the west side of Wadsworth from 35th Ave to the CCT
• Improved vehicle access to the CCT by adding a 3rd southbound lane that will reduce
congestion on Wadsworth when entering/leaving Johnson Trailhead. Currently, it is
difficult to access the CCT by vehicle without going well out of the way, so improved pedestrian/bike connections are critical.
• Retaining wall along the CCT for structural integrity of the new trail connection. The
wall is necessary to allow the entire connection to meet ADA requirements while
dropping 32’ from Wadsworth to the CCT. The walls permit the connection to allow bicyclists to ride on the connection without dismounting.
• Access from Arvada to the CCT, including from the Arvada Marketplace. This is the only
location along the Wheat Ridge/Arvada boundary for safe, off-street, direct
pedestrian/bike access to the CCT for the residents of Arvada.
RECOMMENDATIONS: Staff recommends the approval of this resolution to secure funds which would complement other funding sources in order to complete the Wadsworth Improvement Project.
RECOMMENDED MOTION: “I move to approve Resolution No. 25-2021, a resolution authorizing the Mayor to execute an agreement with Jefferson County Open Space to accept a trails grant in the amount of $466,141 for the Wadsworth Improvement Project.”
Or, “I move to postpone indefinitely Resolution No. 25-2021, a resolution authorizing the Mayor to
execute an agreement with Jefferson County Open Space to accept a trails grant in the amount of
$466,141 for the Wadsworth Improvement Project for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY:
Karen A. O’Donnell, Director of Parks & Recreation
Council Action Form – Agreement Approval & Acceptance of JCOS Grant Funds May 10, 2021
Page 3
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 25-2021 2. The JCOS Grant Agreement
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 25 Series of 2021
TITLE: A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH JEFFERSON COUNTY OPEN SPACE TO ACCEPT A TRAILS GRANT IN THE AMOUNT OF $466,141 FOR THE WADSWORTH IMPROVEMENT PROJECT
WHEREAS, the City of Wheat Ridge was awarded a grant from the Jefferson County Open Space Trails Partnership Program in the amount of $466,141 for the construction of two trail connections from the pedestrian facilities on the east and west sides of Wadsworth Boulevard down to the Clear Creek Trail; and
WHEREAS, the acceptance of the grant in the amount of $466,141 is subject to
the condition of execution of the attached agreement.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado that:
Section 1. The City Council hereby authorizes the Mayor to sign the grant
agreement with Jefferson County Open Space
Section 2. This resolution will be in full force and effect from and after its passage and approval.
DONE AND RESOLVED this 10th day of May 2021.
Bud Starker, Mayor ATTEST:
Steve Kirkpatrick, City Clerk
1
JEFFCO OPEN SPACE TRAILS PARTNERSHIP PROGRAM
GRANT TERMS AND CONDITIONS
1.GRANT PROJECT TERMS.
1.1. City of Wheat Ridge (“Grantee”) has been awarded a 2021 Jeffco Open Space(“JCOS”) Trails Partnership Program Grant by the Board of County Commissioners for the County of Jefferson, State of Colorado (“County”) in the amount of $466,141.00 (“Grant”). The County and Grantee may be individually referred to herein as a “Party” or collectively as the “Parties.”
1.2. Grantee shall provide JCOS wiring instructions for the Grant. JCOS shall remit the Grant funds to Grantee in a single lump-sum payment within 14 days after Grantee
has executed these Grant Terms and Conditions (“Grant Terms”).
1.3. Grantee shall use the Grant for the project (“Project”) set out in its Trails Partnership Program Grant Application dated November 30, 2020 (“Application”). Unless explicitly modified herein, the Application is incorporated into these Grant Terms. The general scope of the Project is: The construction of two trail connections from the pedestrian facilities on the east and west sides of Wadsworth Boulevard down to the Clear Creek Trail.
1.4. Grantee shall adhere to the Grant period by beginning the Project within the 2021 calendar year and completing the Project by December 31, 2023. Any requested extension of the Grant period will require JCOS’s prior written approval, which it may deny or condition in its discretion.
1.5. The Grant is comprised of Jefferson County Open Space Sales Tax Funds and/or a portion of the County’s share of the State of Colorado’s Conservation Trust Funds. For example and without limiting the foregoing, the use of JCOS Sales Tax Funds is limited to public open space, park, or recreation purposes pursuant to the 1972 Open Space Enabling Resolution, as amended. Grantee understands and acknowledges it is bound by the use restrictions of such Funds, as applicable.
1.6. Grantee shall manage the Grant funds in accordance with applicable laws, regulations, permitting requirements, these Grant Terms, and JCOS’s Policies, Procedures, and guidelines.
1.7. Additional Grant Project Terms. Without limiting the foregoing, the following specific Grant terms also apply to the Grant funds and the Project:
1.7.1. N/A 1.7.2. N/A
ATTACHMENT 2
2
2. COMMUNICATION; REPORTS; RECORDS. 2.1. Grantee and JCOS shall each appoint one individual to act as principal contact person for notices and other communications concerning the Grant and the Project. The initial appointees are: Brandon Altenburg, baltenburg@ci.wheatridge.co.us (303) 231-1307 (Grantee name, email, phone) Hillary Merritt, hmerritt@jeffco.us, (303) 271-5948 (JCOS name, email, phone) Grantee or JCOS may change its contact person at any time by written notice to the other Party. 2.2. On a semi-annual basis Grantee shall provide JCOS with a written Project report that at minimum describes the status of the Project and provides an accounting of Grant fund expenditures. After Project completion Grantee shall provide JCOS a summary of the Project that at minimum include a written narrative, photos and/or illustrations, and a summary of expenditures.
2.3. Grantee shall maintain its books and records in a manner that will provide JCOS with sufficient detail to review Grantees receipts and expenditures relating to the Grant. Grantee shall make such records available for review by JCOS upon reasonable notice during the Grant period and for two years thereafter. 3. DONOR RECOGNITION; PUBLICITY. Grantee agrees to adhere to the JCOS Funding Recognition Guide attached as Exhibit A to appropriately acknowledge a contribution from the Trails Partnership Program to complete the Project. 4. PROJECT CHANGES. Grantee shall notify JCOS if Grantee determines in good faith that because of changed circumstances it is no longer possible for the Grant to serve its original purpose. In that case, and upon JCOS’s prior written approval, Grantee may use the remaining Grant funds on a public open space, park, or recreation project or projects in line with both Grantee’s and JCOS’s mission. The Parties shall execute an amendment to these Grant Terms addressing any such Project change and these Grant Terms, as amended,
shall apply to and govern the new or revised Project. 5. NONCOMPLIANCE. Grantee understands and acknowledges that noncompliance with these Grant Terms may result, for example, in JCOS requiring the return of all or a portion of the Grant funds or Grantee’s ineligibility for future Trails Partnership Program grant funds. 6. MISCELLANEOUS TERMS. 6.1. No Assumption of Liabilities. By providing the Grant and completing the Project neither Party is assuming any liability for the acts or omissions of the other Party or any third party. 6.2. No Employment Relationship. By providing the Grant and completing the Project or by execution or acceptance of these Grant Terms, neither Party is acting as an agent,
servant, or employee of the other Party.
3
6.3. No Third-Party Beneficiaries. The Parties agree the Grant and these Grant Terms is only intended to cover the relative responsibilities of the Parties and no third party beneficiaries are intended. 6.4. Governmental Immunity. Nothing associated with the Grant or contained in these Grant Terms shall give or allow any claim or right of action by any third party, nor shall anything contained herein be construed as a waiver of the right of the Parties to assert all defenses and limitations on liability provided by law including, without limitation, the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S., and the Owners of Recreational Areas Act, §33-41-101, et seq., C.R.S., or any successor acts or provisions. 6.5. Officials Not to Benefit. No elected or employed member of either Party shall be paid or receive, directly or indirectly, any share or part of the Grant or any benefit that may arise therefrom. 6.6. Electronic Signatures. These Grant Terms may be signed electronically. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. §24-71.3-101 through §24-71.3-121.
6.7. Waiver. The failure of JCOS to object to Grantee’s use of the Grant funds or noncompliance with these Grant Terms shall not be deemed a waiver. The undersigned, on behalf of Grantee, hereby agrees to abide by these Grant Terms. GRANTEE: By:______________________________
Name:___________________________ Title:____________________________ Date:___________________________ JCOS Acceptance: By:______________________________ Name:___________________________
Title:____________________________ Date:___________________________
ITEM NO: 2
DATE: May 10, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 05-2021 – AN ORDINANCE PROHIBITING DEADLY WEAPONS ON CITY PROPERTY AND MAKING OTHER AMENDMENTS CONSISTENT WITH STATE WEAPONS LAWS PUBLIC HEARING ORDINANCES FOR 1ST READING (05/10/2021) BIDS/MOTIONS ORDINANCES FOR 2ND READING (05/24/2021) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ City Manager ISSUE: A growing concern exists today with the increase in gun and deadly weapon violence throughout the
United States. These acts of violence contribute to increased personal safety concerns for visitors
and guests at City-owned properties and for employees of the City. City-owned buildings and property should be considered safe, available, and open. The lack of deadly weapons in those settings contributes to the sense of safety of visitors, guests, elected officials and employees. Sections 16-81 and 17-53 of the Wheat Ridge Code of Laws currently addresses “weapons” but does
not prohibit the possession of deadly weapons on City-owned property.
PRIOR ACTION: City Council considered an ordinance in 2003 to prohibit the open carrying of firearms on public property; however, the ordinance was never adopted. Consensus was received at the April 19,
2021 study session to bring forward an ordinance prohibiting deadly weapons on City property.
FINANCIAL IMPACT: None
Council Action Form – Prohibiting Deadly Weapons on City Property May 10, 2021
Page 2
BACKGROUND: Municipalities within the state of Colorado have the authority to regulate the possession of certain
firearms and deadly weapons in specific settings. Many Colorado municipalities have had similar
prohibitions of the possession of weapons in public settings in place for a number of years, including Lakewood, Arvada, Golden, Denver and Jefferson County (see Attachment 2 for full list). Two practices are currently in effect in City facilities. First, deadly weapons and other bladed objects
including scissors and pocketknives are prohibited in municipal court under the inherent power of
the court’s rulemaking authority. Visitors are screened by x-ray machine and metal detectors upon entry to court. Second, for the safety of visitors and guests, signage is posted at the Wheat Ridge Recreation Center and City Hall advising patrons that the open carry of firearms is prohibited; however, the City does not have legal authority to enforce this.
Under state law, the definition of a deadly weapon includes not only firearms but also a “knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.” C.R.S. § 18-1-901.
Due to protection provided under state law, the prohibition cannot extend to individuals who are carrying a concealed firearm and who possess a concealed carry permit, unless the City takes the additional step of providing metal detectors with security personnel. C.R.S. § 18-12-214.
RECOMMENDATIONS:
Staff recommends approval of the ordinance which will accomplish the following:
• Aligning the City Code with state law concerning concealed carry;
• Aligning the City Code with the state law definition of “deadly weapon”; and
• Prohibiting the carrying of “deadly weapons” upon City-owned property. RECOMMENDED MOTION: “I move to approve Council Bill No. 05-2021, an ordinance prohibiting deadly weapons on City
property and making other amendments consistent with state weapons laws, on first reading, order it published, public hearing set for Monday, May 24, 2021 at 7:00 p.m. as a virtual meeting, and that it take effect fifteen days after final publication.” Or,
“I move to postpone indefinitely Council Bill No. 05-2021, an ordinance prohibiting deadly weapons on City property and making other amendments consistent with state weapons laws, for the following reason(s) _________________.”
REPORT PREPARED/REVIEWED BY:
Patrick Goff, City Manager Carmen Beery, Associate Attorney Gerald Dahl, City Attorney
Council Action Form – Prohibiting Deadly Weapons on City Property May 10, 2021
Page 3
ATTACHMENTS: 1. Council Bill No. 05-2021
2. Survey of governments concerning deadly weapons
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _____
COUNCIL BILL NO. 05 ORDINANCE NO. _________ Series of 2021 TITLE: AN ORDINANCE PROHIBITING DEADLY WEAPONS ON
CITY PROPERTY AND MAKING OTHER AMENDMENTS CONSISTENT WITH STATE WEAPONS LAWS
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision of the State of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the
City (the "Charter"); and
WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power of local self-government and home rule and all the power possible for a municipality to have under the Constitution of the State of Colorado, including the power to proscribe
and punish criminal conduct within the City; and
WHEREAS, pursuant to this authority, the Wheat Ridge City Council ("City Council") previously adopted ordinances regulating the sale, purchase, possession and use of certain weapons within the City; and
WHEREAS, over the past several years, state weapons laws have changed in
ways that render certain City ordinances inconsistent, such as differing definitions of
“deadly weapon”; and
WHEREAS, additionally, the State has enacted legislation that prohibits local governments from regulating concealed carrying of handguns (Part 2, Article 12, Title 18, C.R.S.), that forbids local firearm regulation that is more restrictive than state or
federal law and that requires local governments to adopt a law and post signs to prohibit
the open carrying of firearms in public areas and buildings (Article 11.7, Title 29, C.R.S.); and
WHEREAS, the City Council finds that City-owned buildings and property should be considered safe, available, and open, and a lack of deadly weapons in these settings
contributes to the sense of safety of visitors, guests and City employees; and
WHEREAS, the City Council desires to prohibit the carrying of deadly weapons upon City-owned property and make other amendments conforming to state weapons laws, without acknowledging that the regulation of firearms within municipal boundaries
is a matter of statewide concern. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Section 16-81 of the Code of Laws, concerning weapons definitions,
is hereby amended by the addition of the following definition:
DEADLY WEAPON MEANS: (I) A FIREARM, WHETHER LOADED OR UNLOADED; OR (II) A KNIFE, BLUDGEON, OR ANY OTHER WEAPON, DEVICE, INSTRUMENT, MATERIAL, OR SUBSTANCE, WHETHER ANIMATE OR INANIMATE, THAT, IN THE MANNER IT IS USED OR INTENDED TO BE
USED, IS CAPABLE OF PRODUCING DEATH OR SERIOUS BODILY INJURY.
Section 2. Subsection 16-83(a) of the Code of Laws, Carrying concealed deadly weapons, is hereby amended as follows:
Sec. 16-83. - Carrying concealed deadly weapons.
(a) It is unlawful for any person to knowingly carry a DEADLY WEAPON knife or firearm concealed on or about his person; provided, that this chapter shall not apply to persons in their own domiciles or places of business or on property owned or under their control at the time of the act of carrying, or to persons in private
automobiles or other private means of conveyance who are carrying such a weapon for the lawful protection of their or another's person or property or for any other legal purpose.
Section 3. Subsection 16-87(b) of the Code of Laws, Carrying, etc., where intoxicants are sold, is hereby amended as follows:
(b) The provisions of this section shall not apply to peace officers or any other person duly licensed or authorized under applicable state or federal law to carry such weapon concealed, nor to persons carrying such weapons
in their place of business or having control of the premises at the time of the act of carrying.
Section 4. Chapter 16 of the Code of Laws is amended by the addition of a new
Section 16-89, to read in its entirety as follows:
SECTION 16-89. DEADLY WEAPONS ON CITY PROPERTY PROHIBITED.
(A) IT IS UNLAWFUL FOR ANY PERSON OTHER THAN A PEACE OFFICER TO CARRY, BRING OR POSSESS A DEADLY WEAPON UPON
CITY PROPERTY.
(B) FOR PURPOSES OF THIS SECTION "CITY PROPERTY" MEANS ALL BUILDINGS, FACILITIES, REAL PROPERTY AND PORTIONS THEREOF:
(1) OWNED IN WHOLE OR IN PART BY THE CITY OR IN
WHICH THE CITY HAS A LEASEHOLD INTEREST, WHETHER AS LESSOR OR LESSEE; AND
(2) POSTED BY THE CITY WITH A SIGN AT THE PUBLIC ENTRANCES NOTIFYING THE PUBLIC THAT THE CARRYING OF DEADLY WEAPONS IS PROHIBITED ON
THE PROPERTY.
(C) THE CHIEF OF POLICE OR HIS OR HER DESIGNEE IS AUTHORIZED AND DIRECTED TO POST THE PUBLIC ENTRANCES OF ALL CITY PROPERTY WITH SIGNS NOTIFYING THE PUBLIC THAT THE
CARRYING OF DEADLY WEAPONS IS PROHIBITED, UNLESS
OTHERWISE DIRECTED BY FORMAL ACTION OF THE CITY COUNCIL. (D) UNTIL SUCH TIME AS C.R.S. § 18-12-201 ET SEQ. IS REPEALED OR AMENDED, THIS SECTION SHALL NOT APPLY TO PERSONS
CARRYING CONCEALED DEADLY WEAPONS ON CITY PROPERTY AS
AUTHORIZED BY A VALID CONCEALED CARRY PERMIT EXCEPT AS OTHERWISE PROVIDED UNDER SUBSECTION (E). (E) IT IS UNLAWFUL FOR ANY PERSON TO CARRY, BRING OR
POSSESS A CONCEALED DEADLY WEAPON, CARRIED IN
ACCORDANCE WITH A VALID CONCEALED CARRY PERMIT, INTO ANY CITY BUILDING AT WHICH THE CITY HAS INSTALLED PERMANENT ELECTRONIC WEAPONS SCREENING DEVICES AND SECURITY PERSONNEL IN ACCORDANCE WITH C.R.S. § 18-12-214(4).
Section 5. Section 17-53 of the Code of Laws, concerning the Park Rule on Weapons, is hereby amended as follows:
Section 17-53. Weapons.
(A) IT SHALL BE UNLAWFUL TO CARRY A DEADLY WEAPON UPON OR WITHIN ANY PARK OR RECREATION AREA WITHIN THE CITY IN ACCORDANCE WITH SECTION 16-89 OF THIS CODE.
(B) It shall be unlawful to bring upon or to discharge within any park or
recreation area within the city any weapon however described, including merely as means of description and not by way of limitation, guns of any caliber or description, including firearms, BB guns, pellet guns, and air guns, bows and arrows, slingshots, etc., or any explosive device or substance including fireworks.
Section 6. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and
that this Ordinance is necessary for the preservation of health and safety and for the
protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained.
Section 7. Severability; Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
Section 8. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 10th day of May 2021, 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 May 24, 2021, at 7:00 p.m. as a virtual meeting, and that it take effect fifteen days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ______ to ______, this ____ day of ___________________ , 2021.
SIGNED by the Mayor on this ________ day of ____________________, 2021
Bud Starker, Mayor
ATTEST: Steve Kirkpatrick, City Clerk
Approved As To Form Gerald E. Dahl, City Attorney
First Publication: May 13, 2021 Second Publication: May 27, 2021 Jeffco Transcript Effective Date: June 11, 2021
Survey of Colorado governments restricting the open carry of firearms and/or
deadly weapons on property owned by that government
Government Yes No
Ft. Collins X Superior X Bennett X Mountain Village X Aspen X Federal Heights X Lakewood X Breckenridge X Denver X Boulder X Parachute X Arvada X Golden X Jefferson County X Centennial X Westminster X Littleton X Northglenn X Creede X
Minturn X
Monte Vista X
Del Norte X Collbran X
La Jara X
Kremmling X
Edgewater X Louisville X
ATTACHMENT 2
ITEM NO: 3
DATE: May 10, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 06-2021 – AN ORDINANCE
REAPPOINTING PRESIDING MUNICIPAL JUDGE
CHRISTOPHER RANDALL AND APPROVING A PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT PUBLIC HEARING ORDINANCES FOR 1ST READING (05/10/2021)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (05/24/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ City Attorney City Manager ISSUE:
The City’s Home Rule Charter provides for appointment of the Municipal Court Judge for a term
of two years. The current term of Presiding Judge Christopher Randall expires June 30, 2021. PRIOR ACTION: The Judge was reappointed in June 2019.
FINANCIAL IMPACT: The Judge is presently compensated at $98.97 per hour. This rate has been in effect since 2017. The Judge is not requesting any change in this rate.
BACKGROUND:
The Judge has provided a memorandum (attached) requesting reappointment. RECOMMENDATIONS: "I move to approve Council Bill No. 06-2021, an ordinance reappointing presiding Municipal
Judge Christopher Randall and approving a presiding municipal judge services agreement, on
first reading, order it published, public hearing set for Monday, May 24, 2021, at 7:00 p.m. as a virtual meeting, and that it take effect upon adoption at second reading."
Council Action Form – Contract Renewal Municipal Judge May 10, 2021
Page 2
Or
"I move to postpone indefinitely Council Bill 06-2021, an ordinance reappointing presiding
Municipal Judge Christopher Randall and approving a presiding municipal judge services agreement for the following reason(s) ________________." REPORT PREPARED BY:
Gerald Dahl, City Attorney
Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill 06-2021
2. Memorandum from Judge Randall
3. Municipal Judge Services Agreement
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 06
ORDINANCE NO. ________ Series of 2021
TITLE: AN ORDINANCE REAPPOINTING PRESIDING MUNICIPAL JUDGE CHRISTOPHER RANDALL AND APPROVING A PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT
WHEREAS, the current presiding municipal judge, Christopher Randall was reappointed effective July 1, 2019 for a two-year term expiring on June 30, 2021; and
WHEREAS, the Judge has continued to serve since that date; and
WHEREAS, pursuant to Charter Section 8.3, the City Council shall appoint all judges for a term of two years; and
WHEREAS, Judge Randall has requested reappointment at the end of his current term; and
WHEREAS, the Council wishes to reappoint Judge Randall and approve a presiding municipal judge services agreement; and
WHEREAS, Charter Section 8.5 requires the Council to set the Judge’s
compensation by ordinance.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Pursuant to Sections 8.3 and 8.5 of the Home Rule Charter, Presiding Municipal Judge Christopher Randall is hereby reappointed for a term of two years,
expiring on June 30, 2023. The Presiding Judge’s compensation shall be $98.97 per hour.
The terms and conditions of the Presiding Judge’s employment shall be as set forth in the Presiding Municipal Judge Services Agreement, effective as of July 1, 2021, attached hereto and incorporated herein by this reference.
Section 2. Severability; Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 3. Effective Date. This Ordinance shall take effect upon adoption at
second reading, as permitted by the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 10th day of May 2021, 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 May 24, 2021, at 7:00 p.m. as a virtual meeting, and that it take effect upon
adoption.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ______ to _______, this ___day of _________, 2021.
SIGNED by the Mayor on this ________ day of _________, 2021.
Bud Starker, Mayor ATTEST:
Steve Kirkpatrick, City Clerk
Approved as to Form Gerald E. Dahl, City Attorney
First Publication: Second Publication: Wheat Ridge Transcript Effective Date:
City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2835 F: 303.235.2829
www.ci.wheatridge.co.us
April 23, 2021
Honorable Bud Starker, Mayor Members of the Wheat Ridge City Council Patrick Goff, City Manager City of Wheat Ridge 7500 W. 29th St.
Wheat Ridge, CO 80033 Mayor Starker, City Manager, and Members of City Council:
The City Charter creates a municipal court and directs the city council to appoint a presiding judge. The Charter requires that all municipal judges have been on the bench or have practiced law for a period of years. I have thirty-five (35) years in the practice of law and twenty-nine (29) years on the bench; nineteen (19) have been as the Presiding Judge in Wheat Ridge.
The Charter states that Council shall appoint a Presiding Judge for a term of two (2) years. By charter, the duties of the judge are to supervise court personnel and submit a yearly budget. The Supreme Court establishes a mandate as well: to justly determine all ordinance violations, ensure criminal law procedures, administer cases fairly, and follow city, state, and
federal laws and constitutions. Over the years there has been an explosion of legislation directed at municipal courts. As a result, the presiding judge reviews and incorporates new legislation into the operation of the court.
The Colorado Code of Judicial Conduct (Code) guides judicial ethics and requires
independence, impartiality, competence, and integrity. Inherent in the Code is the precept that judges must respect and honor the judicial office as a public trust and strive to maintain and enhance confidence in the legal system.
I began as Presiding Judge in Wheat Ridge in January 2002 and have been the Presiding
Judge since then. Each services agreement is for a two-year term. My most recent two-year contract for services began July 2019 and ends June 2021. I am requesting renewal of the contract. Please see the enclosed Memo for information about court, accomplishments, projects, and goals.
ATTACHMENT 2
I work an average of thirty (30) hours per week. Regular court sessions take about twenty-four (24) hours a week, and most court days take nine hours to complete. Preparation for
jury trials and the jury trials add a few days per year. Other work hours are related to new
legislation, extended court sessions, managerial duties, director obligations, legal research, administrative matters, budget, personnel issues, and meetings. I am not requesting a change in contract provisions.
This is a dynamic City with an interesting court docket. I enjoy the challenge and energy of the City and the court. I look forward to another two years to continue to provide service.
Sincerely yours,
/s/ Christopher D Randall
Christopher D. Randall
Presiding Judge and Department Director Wheat Ridge Municipal Court
WR Muni Judge Contract - Randall ATTACHMENT 3
CITY OF WHEAT RIDGE PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT
THIS PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT is entered into and effective as of the 1st day of July 2021 ("Effective Date"), by and between the CITY OF WHEAT RIDGE, COLORADO (the “City”) and CHRISTOPHER D. RANDALL, (“Presiding Judge”),
together referred to herein as the "Parties." In consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
ARTICLE 1 – SERVICES
Pursuant to Chapter VIII of the Wheat Ridge Home Rule Charter (the "Charter"), Presiding Judge shall have the following duties:
A. Ensure the presence of a municipal judge at all Wheat Ridge Municipal Court ("Municipal Court") cases, by either presiding over such cases personally or by scheduling an Associate Judge to hear such case(s) and by establishing an on-call municipal judge schedule;
B. Formulate and amend the local rules of the Municipal Court with the approval of the Colorado Supreme Court;
C. Supervise the Associate Judges, if any, and all Municipal Court personnel; serve as Department Head for the Municipal Court staff; attend Department Director meetings, in person or by designee, and meetings with the City Manager, City Attorney and City Council
as needed; and
D. Responsible for preparation of annual department budget, monitoring of operational expenses and overall delivery of court services.
ARTICLE 2 – QUALIFICATIONS
The Presiding Judge shall continuously maintain the following qualifications:
A. Licensed to practice law in all Colorado courts, including the U.S. District Court for the
District of Colorado; and
B. Resident within 40 miles of the Wheat Ridge Municipal Court.
ARTICLE 3 - TERM; TERMINATION
Pursuant to Section 8.3 of the Charter, this Agreement shall be for a two (2) year term, ending on July 1, 2023. This Agreement may be terminated during its term for any of the reasons enumerated in Section 8.3 of the Charter.
ARTICLE 4 – COMPENSATION, PERFORMANCE
The Parties agree that Presiding Judge shall be compensated at $98.97 per hour for services rendered under this Agreement, classified as a non-exempt employee. Presiding Judge may also be compensated for reimbursable expenses properly invoiced to the City as set forth below. For purposes of this Agreement, "reimbursable expenses" shall mean those expenses directly
incurred by Presiding Judge in the performance of his duties under this Agreement, including mileage and travel expense.
WR MuniCourt/MuniJudgeContract - Randall -2-
Presiding Judge shall be paid via the current City system for recording and compensating hourly employees.
A. Funding.
This Agreement is specifically subject to the provisions of Section 2-3(c) of the Code of Laws of the City of Wheat Ridge, which limits the amount for which the City shall be liable
to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid appointment. The Parties further recognize and agree that the City, as a political subdivision of the State of Colorado, is subject to the Constitution and laws of the State of Colorado. Notwithstanding any provision of this Agreement to the contrary, the obligation of the City to make payment to Presiding Judge is expressly subject to annual appropriations by the City of funds for the next ensuing budget year.
B. Performance.
Pursuant to Section 8.3 of the Home Rule Charter, Presiding Judge is appointed for a two year term. In contrast to other employees of the City, the Judge’s compensation is set by the Council by ordinance, rather than through the annual performance review process for other city employees. Also, the Presiding Judge is not an at-will employee as all other city employees are. In recognition of these distinctions, the parties agree that the Council functions as the performance review body for the Presiding Judge, exercising that
authority by ordinance as required by the Charter.
ARTICLE 5 – INDEMNIFICATION, INSURANCE AND BENEFITS
A. Pursuant to the Colorado Governmental Immunity Act, §§ 24-10-101 et seq., C.R.S.,
Presiding Judge is an appointed official of the City entitled to any and all benefits of law pertaining to judicial or sovereign immunity and to coverage by the City's insurance applicable to persons holding such a position for claims brought against him in his official
capacity or arising out of his performance of his official duties as described. Presiding Judge shall be eligible to participate in the following insurance and benefit programs available to City employees, at a level equal to the average number of hours of work per week performed by the Presiding Judge, which for purposes of this Agreement, the Parties agree shall be a minimum of thirty (30) hours per week.
B. Benefits as outlined in the 2018 Employee Benefits Guide or as revised for 2019 or 2020. The City agrees to pay the applicable premium for the rate level, consistent with the City insurance plan as amended from time to time.
C. Official holidays (6 hours of holiday pay per holiday recognizing ten (10) holidays per year per the most current City Personnel Policies).
D. Personal time off (PTO) leave accrued per pay period dependent upon the number of
hours of work per week: a 30–hour per week employee with the Presiding Judge’s current longevity receives 6.94 hours of PTO leave per pay period:
• Jury duty pay;
• Family Medical and Leave Act coverage;
• As a department head, Presiding Judge receives the annual allowance for cellular telephone use.
WR MuniCourt/MuniJudgeContract - Randall -3-
For all such insurance and benefit programs, to the extent the programs or any of their features are altered, amended, or eliminated with respect to all eligible City employees, such alteration,
amendment or elimination shall also apply to Presiding Judge in the same manner.
ARTICLE 6 – CHARTER, LAWS AND ORDINANCES
Presiding Judge shall at all times during the performance of this Agreement, strictly adhere to all
applicable federal, state and local laws, rules, regulations, and ordinances that affect or govern the work as herein contemplated.
ARTICLE 7 – EQUAL EMPLOYMENT OPPORTUNITY
The Presiding Judge shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Presiding Judge shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to their age, race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
ARTICLE 8 – JUDICIAL INDEPENDENCE
An independent, fair and impartial judiciary is indispensable to our system of justice. The United States legal system is based upon the principle that an independent, impartial, and competent judiciary, composed of men and women of integrity, will interpret and apply the law that governs
our society. Thus, the judiciary plays a vital role in preserving the principles of justice and the rule of law. Judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to maintain and enhance confidence in the legal system. Presiding Judge is
expected to uphold these principles.
ARTICLE 9 – JUDICIAL IMPARTIALITY
Presiding Judge shall uphold and apply the law, and shall perform all duties of judicial office
impartially. Impartially means absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintenance of an open mind in considering issues that may come before the judge. Presiding Judge shall perform the duties of the judicial office, including administrative duties, without bias or prejudice. Presiding Judge shall not be swayed by public clamor or fear of criticism. Presiding Judge shall not permit social, political, financial, or other interests or relationships to influence the judge’s judicial conduct or judgment. Presiding Judge shall not convey or permit others to convey the impression that any person is able to influence the judge.
ARTICLE 10 - EX PARTE COMMUNICATION
Presiding Judge shall not initiate, permit or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties or their lawyers,
concerning pending or impending matters.
WR MuniCourt/MuniJudgeContract - Randall -4-
ARTICLE 11 – LAW AND VENUE
The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this
Agreement. The Parties agree that venue and jurisdiction for disputes regarding any aspect of this Agreement is proper and exclusive with the District Court of Jefferson County, Colorado.
ARTICLE 12 – NOTICES
Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth below. Such notice shall be deemed to have been given when deposited in the United States Mail.
If to the City: City Manager 7500 W 29th Avenue Wheat Ridge, CO 80033 Fax: (303) 234-5924
With a copy to: City Attorney 7500 W 29th Avenue Wheat Ridge, CO 80033 Fax: (303) 234-5924
If to Presiding Judge: Christopher D. Randall, Esq.
7500 W. 29th Avenue Wheat Ridge, CO 80033 Fax (303) 980-1721
ARTICLE 13 – ASSIGNMENT AND SUBCONTRACTORS
The duties and obligations of Presiding Judge may not be assigned, delegated, or subcontracted except with the express written consent of the City.
ARTICLE 14 – SEVERABILITY
To the extent that the Agreement may be executed and performance of the obligations of the Parties may be accomplished within the intent of the Agreement, the terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach.
ARTICLE 15 – INTEGRATION OF UNDERSTANDINGS
This Agreement is intended as the complete integration of all understandings between the Parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force and effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal,
addition, deletion, or other amendment hereto shall have any force or effect unless embodied in writing and signed by Presiding Judge and an authorized representative of the City.
WR MuniCourt/MuniJudgeContract - Randall -5-
ARTICLE 16 – AMENDMENTS
The City may, from time to time, require changes in the scope of services of the Presiding Judge
to be performed herein. Such changes, including any increase or decrease in the amount of the Judge’s compensation, must be mutually agreed upon in writing by the City and the Presiding Judge, as an amendment to this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement in two (2) copies, each of which shall be deemed an original, as of the day and year first written above.
ATTEST: CITY OF WHEAT RIDGE, COLORADO
________________________________ By: ____________________________
Stephen Kirkpatrick, City Clerk Bud Starker, Mayor
Seal APPROVED AS TO FORM:
Gerald E. Dahl, City Attorney
PRESIDING JUDGE
Christopher D. Randall
ITEM NO: 4
DATE: May 10, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 07-2021 – AN ORDINANCE AMENDING
SECTION 16-103 OF THE WHEAT RIDGE CODE OF LAWS,
CONCERNING REGULATION OF NOISE
PUBLIC HEARING ORDINANCES FOR 1ST READING (05/10/2021)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (05/24/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO
____________________________ ____________________________ City Attorney City Manager
ISSUE: City Council approved Ordinance 1697 on August 24, 2020, an ordinance amending Section 16-103 of the Wheat Ridge Code of Laws concerning the regulation of noise. The Ordinance, among other things, established a permit process which allows up to six outdoor amplified sound events for the
same location in a twelve-month period. Consensus was reached by City Council at the April 5, 2021
study session to amend the ordinance to increase the number of individual permitted sound events from six to eight in a calendar year and to create a special permit process for all sound events over eight in a calendar year and make other clarifying amendments as described in the Prior Action section of the staff report.
PRIOR ACTION: In 2005, City Council repealed the Disturbing the Peace Ordinance which was difficult to enforce as the only standard for noise enforcement was “sound at such a level, or at such an hour, as to disturb the peace of any other person.” Council replaced it with the Unnecessary Noise and Disturbing the
Peace Ordinance which subjected any noise/sound to a more objective standard, specifically that it
would be deemed unreasonable any sound is audible twenty-five (25) or more feet from the noise or sound source. The ordinance also dealt specifically with noise created in multi-unit dwellings and with trash truck pick-ups after 11:00 p.m. and before 7:00 a.m. Finally, the ordinance allowed any
Council Action Form – Noise Ordinance
May 10, 2021 Page 2
member of the police department, who personally observes a violation, to serve as the complaining
party in the prosecution of such a violation. In 2012, City Council again took up this topic after complaints of unreasonable noise emanating from a restaurant/bar along 44th Avenue. An ordinance was drafted to amend the City’s ordinance to
create a special permit program for amplified sound at outdoor events on private property, set date
and time limits and to provide a limited number of exemptions. There was some interest from Council at the time in applying a numeric decibel standard to enforce noise complaints. However, the final draft ordinance as presented to Council relied on a “reasonableness” standard. The ordinance was postponed indefinitely at the public hearing on August 27, 2012.
At the September 23, 2019 special study session, a discussion on noise was added to the agenda at the request of Councilmember Dozeman and former Councilmember Mathews. Resident complaints concerning unreasonable noise emanating from a manufacturing business in northwest Wheat Ridge prompted this request. After a brief discussion by City Council, consensus was reached to direct
Staff to draft an ordinance with a “hybrid” approach to enforce noise complaints using both
qualitative and quantitative measures, depending on zoning district. This issue was again addressed with City Council at the December 16, 2019 study session due to the fact that there was limited discussion at the September 23rd special study session and the Council
now had four new councilmembers. The following consensus was received:
1. Create a hybrid approach for a noise ordinance (i.e. set decibel level limits for industrial zoned districts and use a reasonableness standard for all other zone districts) 2. Unreasonable noise is prohibited especially between the hours of 10 p.m. and 7 a.m.
3. Create a permit process for public events (live outside amplified music on patios, etc.)
and special events (Carnation Festival, etc.) outside of the hours 10 p.m. to 7 a.m. 4. Any unreasonable noise 50' or more from noise source is prohibited 5. Provide exemptions for construction, fireworks, loading operations, homeowner activities, road improvements and fire and police
On July 20, 2020 City Council reviewed a draft ordinance which was approved at a public hearing on August 24, 2020.
On February 22, 2021 City Council approved an ordinance extending the effective date of Section 16-103.C of the Noise Ordinance, pertaining to industrial noise standards, until October
1, 2021.
On April 5, 2021 a study session was held to review the permit process established in the City’s Noise Ordinance and to recommend potential amendments to such process to address concerns raised by a Wheat Ridge business. Consensus was reached by City Council to direct staff to bring back an Ordinance on first reading with the following amendments:
Council Action Form – Noise Ordinance
May 10, 2021 Page 3
1. Increase the number of individual outdoor amplified sound event permits from 6 to 8
annually and change from a rolling 12-month period to a 12-month calendar year. 2. Create a special use permit process for all outdoor amplified sound events over 8 in a calendar year. 3. Remove the requirement for businesses to notify residents and businesses within a 300-foot
radius of permitted sound events.
4. Change the definition of “unreasonable noise” and add a new definition of “unavoidable noise”. 5. Strike the words “prima facie” in Section 16-103(b) 6. Add language to allow the City to revoke a business license for failure to comply with this
ordinance
7. In the definition of “Amplified Sound” change the distance to measure audible noise from 50 feet to 100 feet [staff is proposing to increase it to 200 feet and to also increase the measurement for mobile noise from 50 feet to 100 feet]. 8. Create a section in the ordinance to allow businesses applying for outdoor amplified sound
events to transition from the requirements of the current ordinance to the new proposed
ordinance. 9. Amend Section 16-103(d) to clarify that amplified sound permits are for “outdoor” events FINANCIAL IMPACT:
There is no significant financial impact to the City except for staff time to amend the ordinance
and to implement and manage the permit process. BACKGROUND: The Acoustical Society of America has noted that “Cities try different tactics to regulate noise:
Survey of noise ordinances in nearly 500 of the largest communities in the U.S. shows there’s no set
standard to preserving peace and quiet.” This database of noise ordinances includes decibel-based standards, plainly audible standards, nuisance standards, quite zones and restrictions based on zoning, setbacks, time-of-day regulations, and outright bans on some noise sources. Many communities rely on a combination of these regulatory approaches. However, noise ordinances
across the country are typically characterized as “qualitative” or “quantitative”.
Qualitative noise ordinances are based upon vague standards that proscribe noise characterized by one or more adjectives, such as “unusual”, “unnecessary”, or “unreasonable”. This type of ordinance may also define certain sound related activities or specific noise sources to be annoying or disturbing
and thus a violation of the ordinance. The qualitative ordinance is generally subjective in nature, and
is more likely to pose constitutional issues such as vagueness and is also more likely to be subject to enforcement at the discretion of local police and to non-uniform application. Quantitative ordinances, on the other hand, proscribe noise-producing conduct by decibel levels,
applying scientific standards of sound intensity and frequency. The quantitative ordinance is capable
of providing non-discretionary, objective and predictable standards. Quantitative standards are more
Council Action Form – Noise Ordinance
May 10, 2021 Page 4
amendable to tailoring in order to meet the specific, unique needs of a local community. Following is
an illustration of common noise sources:
The current Wheat Ridge Code of Laws concerning unreasonable noise is qualitative in nature and is limited in scope and difficult to prove in court because it does not set an objective level by which to measure noise. However, while decibel levels may be a more scientific measure of noise, they’re also difficult to enforce. Police Officers must be trained in the use of noise meters and they have to
have their calibrated equipment with them to measure sound levels. RECOMMENDATIONS: Staff recommends approval of the ordinance.
RECOMMENDED MOTION: “I move to approve Council Bill No. 07-2021, an ordinance amending Section 16-103 of the Wheat Ridge Code of Laws, concerning regulation of noise, on first reading, order it published, public hearing set for Monday, May 24, 2021 at 7:00 p.m. as a virtual meeting, and that it take effect fifteen days after final publication.”
Or, “I move to postpone indefinitely Council Bill No. 07-2021, an ordinance amending Section 16-
103 of the Wheat Ridge Code of Laws, concerning regulation of noise for the following
reason(s)_______________________________________________________.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager
Jerry Dahl, City Attorney
ATTACHMENTS: 1. Council Bill No. 07-2021
Council Action Form – Noise Ordinance
May 10, 2021 Page 5
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ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 07 ORDINANCE NO. _________ Series 2021
TITLE: AN ORDINANCE AMENDING SECTION 16-103 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING REGULATION OF NOISE
WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and
WHEREAS, in the exercise of this authority the Council has previously enacted Section 16-103 of the Code of Laws (the “Code”) concerning regulation of noise; and
WHEAREAS, the Council finds it necessary to revise Section 16-103 to improve clarity and fair enforcement while also recognizing the needs of residents and businesses.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Section 16-103 of the Code is amended as follows:
Sec. 16-103. – Unreasonable noise; disturbing the peace.
(a) Definitions. For the purposes of this section, the following terms shall have the meanings indicated:
Amplified sound shall mean the use or operation of any loudspeaker, public address
system, or other sound amplifying equipment for the purpose of giving instructions, directions, talks, addresses or lectures, or for transmitting music or sound to any persons or assemblages of persons OUTDOORS. Amplified sound shall not include sound which is not audible TWO HUNDRED (200) fifty (50) feet, MEASURED AT ANY
POINT ALONG THE PROPERTY LINE OR WITHIN THE PROPERTY LINE, FROM
THE RECEIVING PREMISES. from the property line of the property upon which the sound source is located.
Sound-amplifying equipment shall mean any machine or device for the amplification of a human voice, music or any other sound, or by which the human voice, music or any
other sound is amplified.
Unreasonable noise shall mean any NOISE, WHICH BECAUSE OF ITS LOUDNESS AND FREQUENCY, WHILE TAKING INTO CONSIDERATION ITS LOCATION AND THE NATURE OF THE TYPICAL URBAN ENVIRONMENT, UNREASONABLY
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DISTURBS, INJURES OR ENDANGERS THE COMFORT, REPOSE, HEALTH, PEACE OR SAFETY OF REASONABLE PERSONS OF ORDINARY SENSITIVITY excessive or unusually loud sound, or any sound which disturbs the peace and quiet of any neighborhood or causes damage to any property or business.
Amplified sound event shall mean an outdoor event at which amplified sound is
permitted pursuant to this section.
Event location shall mean the real property owned or legally occupied by the permittee at which an amplified sound event is held, extending to the exterior property lines thereof. In the case of a residential neighborhood "block party" or similar function, the event location shall be the public street used for the event.
UNAVOIDABLE NOISE SHALL MEAN NOISE GENERLLY ASSOCIATED WITH TRANSPORTATION REGULATED BY THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT), FEDERAL HIGHWAY ADMINISTRATION (FHA), FEDERAL RAILROAD ADMINISTRATION (FRA), AND THE FEDERAL AVIATION ADMINISTRATION (FAA). SOME CONSTRUCTION NOISE CAN ALSO BE
CLASSIFIED AS UNAVOIDABLE AND IS REGULATED ELSEWHERE.
(b) Unlawful noise; residential and commercial properties. It is unlawful for any person to make, continue or cause to be made or to permit or assist another to make, continue or cause to be made, any unreasonable noise which, under all of the
circumstances presented, would annoy, injure or endanger the comfort, repose or
peace of a person of ordinary sensitivities including but not limited to the following: the sounding of any horn, signaling device, or similar device on any automobile, motorcycle or other vehicle; any amplified signal from any bell, chime, siren, whistle or similar device intended for nonemergency purposes; any signaling device
including fire, burglar, siren, whistle unless in an emergency; radios, televisions,
boom boxes, phonographs, stereos, musical instruments and similar devices UNAVOIDABLE NOISE DOES NOT QUALIFY AS UNREASONABLE NOISE.
The foregoing noises and circumstances shall be deemed as prima facie unreasonable: if:
(1) Any UNREASONABLE noise or sound which is audible fifty (50) ONE
HUNDRED (100) or more feet from a mobile noise or sound source.
(2) Any UNREASONABLE noise or sound which is audible within a private residence that the person responsible for the sound has no right to occupy, specifically including but not limited to apartments, common interest communities and other multiunit dwelling structures.
(3) Any UNREASONABLE noise, sound source or any person or group of persons engaged in loud and continuing activities which are audible and MEASURED AT ANY POINT ALONG THE PROPERTY LINE OR WITHIN THE PROPERTY LINE OF THE RECEIVING PREMISES, fifty (50) or more feet from the noise source or at the property line of the property upon which
the noise source is located or upon which such activities are taking place, continuing for a minimum of fifteen (15) minutes in a two (2) hour period.
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(4) Any person performing or permitting the performance of trash pickup with a truck which has a compactor or the capacity to raise and dump dumpsters in any area zoned for residential uses between the hours of 10:00 p.m. and 7:00 a.m. For purposes of this paragraph, testimony that the name of a business which holds itself out as being in the business of trash hauling was written on
the trash truck shall be prima facie evidence that the trash truck was owned by and under the control of the employer so identified.
(c) Unlawful noise; industrial properties. It shall be unlawful for any person to emit or cause to be emitted any noise which leaves the premises on which it originates, crosses a property line, and enters onto any other premises in excess of the sound
pressure levels during the time periods as specified in table A.
(1) The noise source shall be measured at any point along the property line or within the property line of the receiving premises to determine compliance with this section.
(2) The decibel level of any noise regulated on a decibel basis by this article shall
be measured by a sound level meter. The test results shall be prima facie
evidence if administered in conformance with the American National Standards Institute. In order to implement and enforce this article effectively, the chief of police shall promulgate standards and procedures for using and testing sound level meters used in the enforcement of this article.
Table A: Allowable Noise Levels (in DBA) with Time of Day Allowance
Receptor premises 7:00 a.m.—10:00 p.m./10:00 p.m.—7:00 a.m.
Source premises
Residential Commercial Industrial
Industrial 55/50 65/60 80/75
(3) Notwithstanding the foregoing, a business owner in an industrial zone district,
upon which there exists a noise source in operation at the time this subsection
16-103(c) becomes effective, may apply to the city manager for a permit for a different decibel level, requirement, and/or time limitation specific to such real property. Such real property owner will submit the following to the city manager as an application for such permit:
a. A written request for the decibel level, time and day of week limitations
and other elements of the permit desired.
b. A noise study prepared by a licensed professional engineer supporting the ability of the applicant to comply with the permit levels and conditions requested or to be imposed.
c. Any other documents required by the city manager to render the
application complete.
The city manager will review the application materials and meet with the applicant within thirty (30) days of such submittal, and shall recommend to city council approval, approval with conditions, or denial of the application by
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city council. the decision of city council shall be the final decision of the city, subject to judicial appeal. Permit conditions may include but are not limited to: permitted decibel level(s), time and day of week limitations, term of permit and whether renewal periods are permitted, neighborhood outreach and education, contact for complaints, and authority for the city manager to revoke
the permit for failure to comply with limitations and conditions. If the city council approves the permit the city manager will issue the permit.
(d) Permit for OUTDOOR amplified sound event. No person shall CONDUCT AN OUTDOOR AMPLIFIED SOUND EVENT use or cause to be used any loudspeaker, loudspeaker system, sound amplifier or any other machine or device which
produces, reproduces, or amplifies sound outside of buildings or other enclosed structures in a manner which exceeds the levels specified in subsection 16-103(b), without first obtaining a permit to do so. The event sponsor must apply for and receive Aan administrative permit for the event, on forms provided by the city clerk. An outdoor amplified sound event is permitted under this section under the following
conditions:
(1) A MAXIMUM OF EIGHT (8) PERMITS MAY BE ISSUED FOR THE SAME LOCATION DURING A SINGLE CALENDAR YEAR, BY THE CITY CLERK, SUBJECT TO THE CONDITIONS AND RESTRICTIONS IN SUBSECTION 103(d)(3) BELOW.
(2) IF AN APPLICANT WISHES TO OBTAIN PERMITS FOR MORE THAN
EIGHT (8) OUTDOOR AMPLIFIED SOUND EVENTS AT THE SAME LOCATION DURING A SINGLE CALENDAR YEAR, AN APPLICATION FOR ALL SUCH PROPOSED EVENTS MUST BE MADE TO AND ACTED UPON BY THE CITY MANAGER OR DESIGNEE AND, UPON APPEAL, BY THE
CITY COUNCIL UNDER THE FOLLOWING PROCEDURES:
i. THE APPLICATION SHALL BE FILED WITH THE CITY MANAGER.
ii. A NEIGHBORHOOD MEETING ON THE APPLICATION SHALL BE
HELD BY THE APPLICANT, UPON 10 DAYS WRITTEN NOTICE TO
ALL BUSINESSES AND RESIDENTS WITHIN 300 FEET OF THE EXTERIOR PROPERTY LINE OF THE PROPOSED EVENT LOCATION.
iii. THE CITY MANAGER MAY GRANT, GRANT WITH CONDITIONS,
OR DENY THE APPLICATION, IN WHOLE OR IN PART, AND IN DOING SO MAY APPLY THE FOLLOWING CRITERIA, IN ADDITION TO OTHER SITE-SPECIFIC CONSIDERATIONS:
A. PROXIMITY OF THE PROPOSED OUTDOOR AMPLIFIED SOUND EVENTS TO RESIDENTIAL NEIGHBORHOODS, MEDICAL FACILIITES AND SCHOOLS;
B. THE APPLICANT’S HISTORY OF PAST COMPLIANCE
WITH THE REQUIREMENTS OF THIS SECTION;
-5-
C. THE HARDSHIP TO THE APPLICANT, THE COMMUNITY AND OTHER PERSONS OF NOT GRANTING THE PERMIT AGAINST THE ADVERSE IMPACT ON THE HEALTH, SAFETY AND WELFARE OF PERSONS AFFECTED.
iv. THE DECISION OF THE CITY MANAGER MAY BE APPEALED WITHIN 7 DAYS OF THE DECISION DATE BY THE APPLICANT OR ANY RESIDENT OR BUSINESS OWNER WITHIN 300 FEET OF
THE EVENT LOCATION BY FILING WRITTEN NOTICE OF THE
SAME WITH THE CITY MANAGER.
v. THE CITY COUNCIL SHALL CONDUCT A PUBLIC HEARING ON THE APPEAL, FOLLOWING NOTICE TO THE APPLICANT AND
ANY RESIDENT OR BUSINESS OWNER WITHIN 300 FEET OF
THE EVENT LOCATION. THE COUNCIL MAY UPHOLD, MODIFY, OR REVERSE THE CITY MANAGER’S DECISION, IN WHOLE OR IN PART.
vi. THE DECISION OF THE CITY MANAGER, OR IF APPEALED, THE
COUNCIL, SHALL BE THE FINAL DECISION OF THE CITY, SUBJECT TO JUDICIAL APPEAL.
(3) ALL OUTDOOR AMPLIFIED SOUND EVENT PERMITS, SHALL BE
SUBJECT TO THE FOLLOWING REQUIREMENTS IN ADDITION TO
THOSE IMPOSED BY THE CITY MANAGER IN EACH CASE:
i. The application shall be approved, approved with conditions, or denied BY THE APPROVING AUTHORITY city manager after review by the police department and any other city department as
appropriate.
ii. No OUTDOOR amplified sound event permit may be issued for an event outside of the hours of 9:00 a.m. and 9:00 p.m. Sunday through
Thursday and 9:00 a.m. and 10:00 p.m. Friday and Saturday. Within
this time range, OUTDOOR amplified sound events may be limited in duration as determined by the APPROVING AUTHORITY city manager.
A permit shall not be issued for the same location more than six
(6) times during any one-year period.
iii. The permit shall not authorize, allow, or otherwise permit the production, reproduction, or amplification of sound which exceeds seventy-five (75) dBA when measured from the nearest receiving
property.
iv. Conditions may be imposed on the permit to address the nature and location of the specific event. Failure of the permittee to comply with the conditions may result in the permit being revoked.
-6-
The event sponsor shall post, at the event location, and deliver flyers to all residences and businesses within a three hundred (300) foot radius of the exterior property line of the event location, advising the surrounding neighborhood of the date and permitted times of the event, no later than seven (7) days before the event.
v. The police department shall have authority to require the permittee to reduce the sound volume, curtail the hours of the event, or close the event entirely, if the sound level at the event, evaluated at the property line of the complaining party constitutes, in the police department's sound judgment, unreasonable noise.
(4) An OUTDOOR amplified sound event for which a permit has been issued shall be exempt from the provisions of (b)(1), (b)(2) and (b)(3) of this section.
(e) Noise caused in the performance of emergency work for the immediate safety,
health, or welfare of the community or individuals of the community, or to restore
property to a safe condition following a public calamity shall not be subject to the provisions of this section.
(f) Any member of the police department who personally observes a violation of this section may serve as the complaining party in the prosecution of such violation,
regardless of whether the officer's observation was initiated by the complaint of
another party.
(g) Any activity or noise source conducted or caused by an activity conducted or sponsored or approved by the city shall be exempt from the requirements of this section.
(h) ENFORCEMENT. THE CITY MAY CANCEL, REVOKE, SUSPEND OR SUMMARILY
SUSPEND THE BUSINESS LICENSE OF ANY BUSINESS WHICH PERMITS NOISE IN VIOLATION OF THIS SECTION, PURSUANT TO THE PROCEDURES IN CODE SECTIONS 11-30 THROUGH 11-32.
Section 2. Severability, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter, provided, however,
holders of OUTDOOR amplified sound event permits issued prior to the effective date
hereof shall be entitled to: (1) rely on such permits as valid for the entire calendar year
2021, and (2) apply for no more than two (2) additional permits for calendar year 2021
pursuant to Section 16-103(d)(1) as revised hereby.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___
on this 10th day of May 2021, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge, and Public Hearing and consideration on final
-7-
passage set for May 24, 2021 at 7:00 p.m. as a virtual meeting, and that it take effect
fifteen days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2021.
SIGNED by the Mayor on this _____ day of ____________, 2021.
________________________________ Bud Starker, Mayor ATTEST:
_________________________ Steve Kirkpatrick, City Clerk Approved as to Form:
_________________________ Gerald E. Dahl, City Attorney First Publication: May 13, 2021
Second Publication: May 27, 2021 Jeffco Transcript Effective Date: June 11, 2021
Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us
ITEM NO: 5
DATE: May 10, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE APPOINTMENT OF
REPRESENTATIVES TO THE 2022 OUTSIDE AGENCY PROGRAM COMMITTEE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
______________________________ City Manager ISSUE:
The purpose of creating the 2022 Outside Agency Program Committee is to provide an
additional opportunity for residents to participate in the budget process. This committee gives residents the opportunity to weigh community needs with available resources and provide recommendations to City Council.
FINANCIAL IMPACT:
None BACKGROUND: The current committee had two returning members from the 2021 Outside Agency Program
Committee. To fill the openings in each district, the staff advertised for new committee
members on the city website and social media. New members will be appointed to serve on the committee beginning in May 2021. The second year of their term will begin in May 2022, to expire after recommendations are presented in
2022. Current members’ appointments will expire in July 2021 after recommendations are
presented to City Council.
Council Action Form - Outside Agency Program Committee Appointments May 10, 2021
Page 2
The Outside Agency Program Committee (the Committee) had six seats to fill and received seven applications. The application period was open from Monday, March 22 until Friday, April
30. All qualified appointments were chosen based upon district seats needing to be filled and
availability to attend the presentation dates. The applications of the new appointments are included as Attachment 1. There were no applicants from District I, four applicants from District II, one applicant from
District III, and two applicants from District IV. Because there were not enough applicants to fill
the vacancies in Districts I and III, two of the District II applicants are representing those districts, respectively: Stefania Vaughan and Laura McGarry. District I: District II:
1. Jerry DiTullio (Current Member) 1. Lisa Rucker (New Member) 2. Stefania Vaughan (New Member) 2. Cathy Milkey (New Member) District III: District IV: 1. Sheila Red (New Member) 1. Genevieve Wooden (Current Member)
2. Laura McGarry (New Member) 2. Carol Mathews (New Member)
Applications for organizations requesting funding allotments were due April 30, 2021. The presentations to the Committee will be Tuesday nights from 6-8:30 p.m.: May 18, May 25, June 8, and June 15. The final recommendation decision meeting will be in late June and the
committee or representatives will present its recommendations to Council on July 19th.
RECOMMENDED MOTIONS: “I move to appoint ______________________ to the 2022 Outside Agency Program Committee, District ____ , term to expire after 2023 budget recommendations are presented in 2022.”
REPORT PREPARED/REVIEWED BY: Marianne Schilling, Assistant to the City Manager Patrick Goff, City Manager
ATTACHMENTS:
1. Outside Agency Program Committee Applications
From:no-reply@ci.wheatridge.co.us
To:Marianne Schilling
Subject:Online Form Submittal: Outside Agency Program - Committee Application
Date:Wednesday, April 7, 2021 5:08:59 PM
Outside Agency Program - Committee Application
Outside Agency Program Committee
The Wheat Ridge City Council is seeking volunteers to participate on the Outside
Agency Program Committee to review and recommend funding allocations for the
Outside Agency Program.
One Wheat Ridge resident will be chosen from each City Council District to serve
on the Committee for a two-year budget cycle term (2021 & 2022) to expire July
2022.
(Section Break)
Contact Information
First Name Lisa
Last Name Rucker
Address1 4140 Dover Street
Address2 Field not completed.
City Wheat Ridge
State CO
Zip 80033
Email twig88@yahoo.com
Phone Number 7204540335
I live in District:II
(Section Break)
Why do you want to
serve on the Outside
Agency Program
Committee?
I would the opportunity to learn about the nonprofits that serve
Wheat Ridge.
Can you foresee any
conflicts of interest you
may have with the
No
ATTACHMENT 1
outside agencies that
may apply? (i.e.
working at or serving
on a board or non-
profit)
If yes, please explain:Field not completed.
To be considered for the Outside Agency Program Committee, you will need to
attend the application review presentations in 2021.
Are you able to attend
ALL of the following
dates: May 18 & 25
and June 8 & 15?
Yes
(Section Break)
Verification: Please
check box
I am requesting appointment as a member of the Outside Agency
Program Committee. If appointed, I hereby commit to the best of
my ability to fulfill the role for a two year term until July 2022.
All qualified candidates will be contacted directly regarding next steps.
Applications are due by Friday, April 30, 2021 at 11:59 p.m.
Email not displaying correctly? View it in your browser.
From:no-reply@ci.wheatridge.co.us
To:Marianne Schilling
Subject:Online Form Submittal: Outside Agency Program - Committee Application
Date:Wednesday, April 7, 2021 9:26:09 PM
Outside Agency Program - Committee Application
Outside Agency Program Committee
The Wheat Ridge City Council is seeking volunteers to participate on the Outside
Agency Program Committee to review and recommend funding allocations for the
Outside Agency Program.
One Wheat Ridge resident will be chosen from each City Council District to serve
on the Committee for a two-year budget cycle term (2021 & 2022) to expire July
2022.
(Section Break)
Contact Information
First Name Cathy
Last Name Milkey
Address1 7891 W 39th Ave
Address2 Field not completed.
City Wheat Ridge
State CO
Zip 80033
Email crmilkey@gmail.com
Phone Number 7202772176
I live in District:II
(Section Break)
Why do you want to
serve on the Outside
Agency Program
Committee?
I love living in Wheat Ridge and have been looking to get more
involved locally. I believe in non-profits and have served on many
Boards and in officer roles in both non-profit and for-profit
businesses. I’m a businessperson, attorney, and professor and
would to like to use my skills and experience to review
applications and assist non-profits that serve my community.
Can you foresee any No
conflicts of interest you
may have with the
outside agencies that
may apply? (i.e.
working at or serving
on a board or non-
profit)
If yes, please explain:I have donated to some agencies that have been previously
funded but don’t believe that creates a conflict.
To be considered for the Outside Agency Program Committee, you will need to
attend the application review presentations in 2021.
Are you able to attend
ALL of the following
dates: May 18 & 25
and June 8 & 15?
Yes
(Section Break)
Verification: Please
check box
I am requesting appointment as a member of the Outside Agency
Program Committee. If appointed, I hereby commit to the best of
my ability to fulfill the role for a two year term until July 2022.
All qualified candidates will be contacted directly regarding next steps.
Applications are due by Friday, April 30, 2021 at 11:59 p.m.
Email not displaying correctly? View it in your browser.
From:no-reply@ci.wheatridge.co.us
To:Marianne Schilling
Subject:Online Form Submittal: Outside Agency Program - Committee Application
Date:Wednesday, April 14, 2021 2:29:58 PM
Outside Agency Program - Committee Application
Outside Agency Program Committee
The Wheat Ridge City Council is seeking volunteers to participate on the Outside
Agency Program Committee to review and recommend funding allocations for the
Outside Agency Program.
One Wheat Ridge resident will be chosen from each City Council District to serve
on the Committee for a two-year budget cycle term (2021 & 2022) to expire July
2022.
(Section Break)
Contact Information
First Name Laura
Last Name McGarry
Address1 4050 JAY ST.
Address2 Field not completed.
City Wheat Ridge
State CO
Zip 80033
Email lauramcgarry8@gmail.com
Phone Number 3038286446
I live in District:II
(Section Break)
Why do you want to
serve on the Outside
Agency Program
Committee?
I have been living in Wheat Ridge, District 2, for the past eight
years and have extensive work experience in the public sector.
I'm interested in joining the Outside Agency Program Committee
so that I can support the use of city funding to best meet the
needs of our community in partnership with outside
organizations. My work in the public sector has included: working
in public education, working for nonprofit organizations, serving
on the Board of Directors for nonprofit organizations, working as
a consultant for nonprofit organizations and local government
agencies, and serving on the Sustainable Wheat Ridge
committee. I also have a Masters in Public Administration and
would like to use my experience and expertise to help inform
these key budget decisions for the benefit of all Wheat Ridge
residents.
Can you foresee any
conflicts of interest you
may have with the
outside agencies that
may apply? (i.e.
working at or serving
on a board or non-
profit)
Yes
If yes, please explain:As a consultant in the public sector I've worked with many
nonprofit organizations and may have some connection to an
organization that is being considered. If a conflict of interest
arose, I would disclose the conflict and follow any recusal
process necessary.
To be considered for the Outside Agency Program Committee, you will need to
attend the application review presentations in 2021.
Are you able to attend
ALL of the following
dates: May 18 & 25
and June 8 & 15?
Yes
(Section Break)
Verification: Please
check box
I am requesting appointment as a member of the Outside Agency
Program Committee. If appointed, I hereby commit to the best of
my ability to fulfill the role for a two year term until July 2022.
All qualified candidates will be contacted directly regarding next steps.
Applications are due by Friday, April 30, 2021 at 11:59 p.m.
Email not displaying correctly? View it in your browser.
From:no-reply@ci.wheatridge.co.us
To:Marianne Schilling
Subject:Online Form Submittal: Outside Agency Program - Committee Application
Date:Saturday, April 24, 2021 12:50:14 PM
Outside Agency Program - Committee Application
Outside Agency Program Committee
The Wheat Ridge City Council is seeking volunteers to participate on the Outside
Agency Program Committee to review and recommend funding allocations for the
Outside Agency Program.
One Wheat Ridge resident will be chosen from each City Council District to serve
on the Committee for a two-year budget cycle term (2021 & 2022) to expire July
2022.
(Section Break)
Contact Information
First Name Sheila
Last Name Red
Address1 7801 W 35TH AVE
Address2 Apt 411
City Wheat Ridge
State CO
Zip 80033
Email sheilaannred44@gmail.com
Phone Number 9166285588
I live in District:III
(Section Break)
Why do you want to
serve on the Outside
Agency Program
Committee?
This is my city. I am retired and finally have the time to volunteer
following is my passion. Non-profits are critical for our
communities to be thriving and successful. We must take care of
each other, that's my belief and it starts with me. I am also
looking forward to meeting my neighbors!
Can you foresee any
conflicts of interest you
No
may have with the
outside agencies that
may apply? (i.e.
working at or serving
on a board or non-
profit)
If yes, please explain:Field not completed.
To be considered for the Outside Agency Program Committee, you will need to
attend the application review presentations in 2021.
Are you able to attend
ALL of the following
dates: May 18 & 25
and June 8 & 15?
Yes
(Section Break)
Verification: Please
check box
I am requesting appointment as a member of the Outside Agency
Program Committee. If appointed, I hereby commit to the best of
my ability to fulfill the role for a two year term until July 2022.
All qualified candidates will be contacted directly regarding next steps.
Applications are due by Friday, April 30, 2021 at 11:59 p.m.
Email not displaying correctly? View it in your browser.
From:no-reply@ci.wheatridge.co.us
To:Marianne Schilling
Subject:Online Form Submittal: Outside Agency Program - Committee Application
Date:Wednesday, April 28, 2021 5:01:12 PM
Outside Agency Program - Committee Application
Outside Agency Program Committee
The Wheat Ridge City Council is seeking volunteers to participate on the Outside
Agency Program Committee to review and recommend funding allocations for the
Outside Agency Program.
One Wheat Ridge resident will be chosen from each City Council District to serve
on the Committee for a two-year budget cycle term (2021 & 2022) to expire July
2022.
(Section Break)
Contact Information
First Name Stefania
Last Name Vaughan
Address1 1014 Wood Lily Dr
Address2 Field not completed.
City Golden
State CO
Zip 80401
Email stefaniav@comcast.net
Phone Number 7209367514
I live in District:II
(Section Break)
Why do you want to
serve on the Outside
Agency Program
Committee?
In these times of uncertainty and personal availability, I would
like to become more involved into community life and learn about
how the process works.
Can you foresee any
conflicts of interest you
may have with the
No
outside agencies that
may apply? (i.e.
working at or serving
on a board or non-
profit)
If yes, please explain:Field not completed.
To be considered for the Outside Agency Program Committee, you will need to
attend the application review presentations in 2021.
Are you able to attend
ALL of the following
dates: May 18 & 25
and June 8 & 15?
Yes
(Section Break)
Verification: Please
check box
I am requesting appointment as a member of the Outside Agency
Program Committee. If appointed, I hereby commit to the best of
my ability to fulfill the role for a two year term until July 2022.
All qualified candidates will be contacted directly regarding next steps.
Applications are due by Friday, April 30, 2021 at 11:59 p.m.
Email not displaying correctly? View it in your browser.
From:no-reply@ci.wheatridge.co.us
To:Marianne Schilling
Subject:Online Form Submittal: Outside Agency Program - Committee Application
Date:Thursday, April 29, 2021 6:32:24 PM
Outside Agency Program - Committee Application
Outside Agency Program Committee
The Wheat Ridge City Council is seeking volunteers to participate on the Outside
Agency Program Committee to review and recommend funding allocations for the
Outside Agency Program.
One Wheat Ridge resident will be chosen from each City Council District to serve
on the Committee for a two-year budget cycle term (2021 & 2022) to expire July
2022.
(Section Break)
Contact Information
First Name Carol
Last Name Mathews
Address1 3851 Hoyt Street
Address2 Field not completed.
City Wheat Ridge
State Colorado
Zip 80033
Email carolannemathews@gmail.com
Phone Number 303-420-8753
I live in District:IV
(Section Break)
Why do you want to
serve on the Outside
Agency Program
Committee?
I have a conservative view on the type of programs and growth
that should happen in Wheat Ridge, but I am eager for Wheat
Ridge to move forward and be a vibrant community that is
inclusive of all of our citizens of all ages. I learned from serving
on the NRS that Wheat Ridge is wonderfully diverse and that"
one size does not fit all." I feel that this reality would make me
positive asset to this committee.
Can you foresee any
conflicts of interest you
may have with the
outside agencies that
may apply? (i.e.
working at or serving
on a board or non-
profit)
No
If yes, please explain:Field not completed.
To be considered for the Outside Agency Program Committee, you will need to
attend the application review presentations in 2021.
Are you able to attend
ALL of the following
dates: May 18 & 25
and June 8 & 15?
Yes
(Section Break)
Verification: Please
check box
I am requesting appointment as a member of the Outside Agency
Program Committee. If appointed, I hereby commit to the best of
my ability to fulfill the role for a two year term until July 2022.
All qualified candidates will be contacted directly regarding next steps.
Applications are due by Friday, April 30, 2021 at 11:59 p.m.
Email not displaying correctly? View it in your browser.
ITEM NO: 6
DATE: May 10, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 26-2021 – A RESOLUTION AMENDING
THE FISCAL YEAR 2021 CAPITAL IMPROVEMENT PROJECT BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE PURPOSE OF AWARDING A CONTRACT AMENDMENT AND SUBSEQUENT PAYMENTS TO SHORT ELLIOT HENDRICKSON, INC., DENVER, CO, IN AN AMOUNT NOT TO EXCEED $160,563.36 FOR PROFESSIONAL SERVICES TO COMPLETE THE CONSTRUCTION PLANS AND SPECIFICATIONS FOR WHEAT RIDGE WARD STATION
STREET IMPROVEMENTS
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Community Development Director City Manager
ISSUE: Short Elliot Hendrickson, Inc. (SEH) was contracted to perform design services for several projects at the Wheat Ridge · Ward Station area. Amendments to four task orders need to be approved to restart final design of the street and intersection improvements and prepare construction plans and specifications. A budget supplemental request is also required since all
four task orders were paused in 2020 and were not included in the adopted 2021 budget. PRIOR ACTION: For several years, the City has led extensive visioning and planning efforts focused on the Wheat Ridge · Ward Station planning area. Numerous Council updates and actions have occurred at
various stages in these processes.
Council Action Form – SEH Contract Amendment and Budget Supplemental May 10, 2021
Page 2
Council originally awarded a contract to SEH on August 27, 2018 to complete three of the task
orders that are being amended today for 52nd Avenue, Tabor Street, and Ridge Road. The fourth
task order, for the 52nd and Ward Intersection was awarded on June 24, 2019. On January 28, 2019, Council approved an Intergovernmental Agreement (IGA) with the City of Arvada to share in funding the improvements to 52nd Avenue, including the intersection with Ward Road, and Ridge Road.
FINANCIAL IMPACT: A supplemental budget appropriation from General Fund undesignated reserves is required to fund this request. The full amount of this request will be offset by reimbursement from the City of Arvada for their share of the design and right-of-way (ROW) services that were expended
through December 2020 totaling $390,146.05.
The City of Arvada is responsible for 50% of the design and ROW services for 52nd Avenue between Ward Road and Tabor Street, including the intersection with Ward Road. They are also responsible for 36% of the design and ROW services for Ridge Road east of Tabor Street.
With this reimbursement from the City of Arvada, funds are available for the professional service fees in the amount of $160,563.36. BACKGROUND:
The public infrastructure projects at the Wheat Ridge · Ward Station area were put on hold to
allow the remaining design, ROW and construction funds to be transferred to the Clear Creek Crossing project. The construction plans had been completed for four projects before the task orders for the
projects were suspended. Since that time, utility relocations that were necessary for the three
street projects have been completed and the relocations that are necessary for the 52nd/Ward intersection projects are underway. In addition, private developers working along 52nd Avenue and Tabor Street have completed some of the improvements that were originally planned to be completed by the City.
Due to the numerous changes discussed above to the existing conditions, the construction plans and cost estimates for all four projects need to be updated to reflect the current conditions. In addition, the final CDOT approvals for the 52nd/Ward intersection need to be obtained. A summary of the costs for the four tasks orders is shown below:
• Task Order #1 – 52nd Avenue $66,542.91
• Task Order #2 – Tabor Street $36,154.64
• Task Order #3 – Ridge Road $26,040.57
• Task Order #4 – 52nd/Ward $31,825.24
• Total Contract Amendment $160,563.36
Council Action Form – SEH Contract Amendment and Budget Supplemental May 10, 2021
Page 3
These expenditures have not been budgeted in the 2021 fiscal year budget and sufficient funds do not exist to cover these expenses. Therefore, staff requests a supplemental appropriation so
that funds may be expended as needed to complete the construction plans and specifications. RECOMMENDATIONS: Staff recommends authorizing a contract amendment with SEH to complete the construction plans and specifications for 52nd Avenue, Tabor Street, Ridge Road, and the 52nd Avenue and
Ward Road intersection and the approval of the supplemental budget request. RECOMMENDED MOTION: “I move to approve Resolution No. 26-2021, a resolution amending the fiscal year 2021 Capital Improvement Project budget to reflect the approval of a supplemental budget appropriation for
the purpose of awarding a contract amendment and subsequent payments to Short Elliot
Hendrickson, Inc., Denver, CO, in an amount not to exceed $160,563.36 for professional services to complete the construction plans and specifications for Wheat Ridge Ward Station street improvements.”
Or,
“I move to deny Resolution No. 26-2021, a resolution amending the fiscal year 2021 Capital Improvement Project budget to reflect the approval of a supplemental budget appropriation for the purpose of awarding a contract amendment and subsequent payments to Short Elliot
Hendrickson, Inc., Denver, CO, in an amount not to exceed $160,563.36 for professional
services to complete the construction plans and specifications for Wheat Ridge Ward Station street improvements for the following reason(s) _________________________________.” REPORT PREPARED/REVIEWED BY:
Mark Westberg, Project Manager
Steve Nguyen, Engineering Manager Jennifer Nellis, Purchasing Agent Ken Johnstone, Community Development Director Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 26-2021 2. Amendments to SEH Task Orders 1-4 for the Ward Road Station Area
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 26 Series of 2021
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2021 CAPITAL IMPROVEMENT PROGRAM BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE PURPOSE OF AWARDING A
CONTRACT AMENDMENT AND SUBSEQUENT PAYMENTS TO SHORT ELLIOT HENDRICKSON, INC., DENVER, CO, IN AN AMOUNT NOT TO EXCEED $160,563.36 FOR PROFESSIONAL SERVICES TO COMPLETE THE CONSTRUCTION PLANS AND SPECIFICATIONS FOR
WHEAT RIDGE WARD STATION STREET IMPROVEMENTS WHEREAS, the council recognizes the importance and significance of restarting the construction plans and specifications for Wheat Ridge Ward Station street improvements; and
WHEREAS, insufficient appropriations in the 2021 Budget exist to cover these expenditures; and
WHEREAS, the City will receive funds from the City of Arvada as reimbursement
for design and right-of-way consulting services for projects in the Wheat Ridge · Ward
Station area; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. A transfer of $160,563.36 is hereby approved from the Capital Improvement Project budget undesignated reserves to account 30-303-800-860 and the 2021 revenues are amended accordingly. Section 2. A contract amendment of $160,563.36 is hereby approved to
complete the construction plans and specifications for 52nd Avenue, Tabor Street, Ridge Road, and the 52nd Avenue and Ward Road intersection.
DONE AND RESOLVED this 10th day of May 2021.
Bud Starker, Mayor ATTEST:
Steve Kirkpatrick, City Clerk
ATTACHMENT 1
Engineers | Architects | Planners | Scientists
Short Elliott Hendrickson Inc., 2000 South Colorado Boulevard, Suite 6000, Colorado Center Tower One, Denver, CO 80222-7938
720.540.6800 | 800.490.4966 | 888.908.8166 fax | sehinc.com
SEH is 100% employee-owned | Affirmative Action–Equal Opportunity Employer
March 1, 2021 RE: Ward Station Area Projects
T.O. 1 - 52nd Avenue Reconstruction
Plans
SEH No. 147911 14.00
Mr. Mark Westberg, P.E., CFM
Projects Supervisor
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80033
Dear Mark:
Please find enclosed SEH’s proposal for Amendment #1 to the Ward Station Area Projects, Task Order
No. 1 – 52ND AVENUE RECONSTRUCTION. Per our discussions, you requested we prepared a cost-to-
complete scope and fee to complete this project such that this amendment could account for the
difference exceeding the remaining project budget.
Background
In May of 2020, SEH prepared and submitted bid set level construction plans, project special
specifications, an engineer’s opinion of probable construction cost estimate, and a bid schedule. After
review, the City had no further comments or changes requested. However, due to budget impacts related
to Covid uncertainty on City revenues and other financial commitments, the City notified SEH that they
would hold on bidding until a future date.
Since the bid documents were prepared, several projects have done work impacting 52nd Avenue right-of-
way, which also impacts the current presentation of existing and proposed conditions reflected in the 52nd
Avenue construction plans. Xcel Energy has relocated their overhead power poles and gas line and
Comm providers have also relocated their facilities on 52nd Avenue. Toll Brothers have progressed
construction of their residential development, “The Ridge”, including installing watermain connections, a
private driveway connection, the south leg of Vivian St intersection, removed trees, rough graded
landscaped area and installed sidewalk in the 52nd Ave. right-of-way. Additionally, Hance Ranch
townhomes development has also progressed impacting 52nd Avenue. Hance Ranch has installed a
watermain connection at Taft Ct., rough graded landscape areas, installed sidewalk, portions of curb and
gutter, portions of their storm sewer and installed ornamental street lighting.
In the Fall of 2020, CDOT updated their construction notes and details, which the City uses as their
standard basis for design and construction plans.
ATTACHMENT 2
Mr. Mark Westberg, P.E., CFM
March 1, 2021
Page 2
In January of 2021, SEH understands the City had discussions with the City of Arvada to try to team
together on project funding to potentially move the project forward, should an agreement be reached to
do so. As such, SEH was contacted to provide this amendment proposal.
Scope:
In addition to SEH’s original project scope items that remain outstanding, Wheat Ridge has asked SEH to
remove the following scope items and provide the following additional services:
1. Remove Task 6 – Public Involvement.
2. Remove Task OS1 – Graphics.
3. Provide additional utility field locates, survey, and coordination to supplement previously
conducted utility identification and capture utility improvements that have taken place since our
initial project survey. Refer to the utility improvements mentioned in the Background section
above. Deliverables will include 5 new potholes, preparation of updated utility CAD files for use
in the plan set, updated Utility Plan sheets, updated background references on non-utility plans
sheets and sign-off by a licensed Colorado Engineer stating the Utility information meets the
S.U.E. requirements of SB-167. Refer to Goodbee & Associates scope and fee attached as
Exhibit A for more information and their assumptions.
4. Provide an updated Geotechnical Report, signed and stamped by a Colorado Engineer ,
referencing the latest CDOT procedures and standards. Refer to Shannon & Wilson’s scope and
fee attached as Exhibit B for more information.
5. Provide additional topographic field survey in the right-of-way to capture infrastructure
improvements and rough grading that has taken place since our initial project survey. Refer to
the physical infrastructure improvements and site grading mentioned in the Background section
above. Deliverables will include CAD files for use in preparing updated project bid set
deliverables
6. Provide an updated plan set, quantity take-offs, engineer’s opinion of estimated construction
cost, bid schedule and specs for landscape and irrigation. Refer to StudioCPG’s scope and fee
attached as Exhibit C for more information and assumptions.
7. Review CDOT’s latest construction notes, road and bridge standards and details and update the
constructions plans, project special provision specifications, engineer’s opinion of estimated
construction cost and bid schedule. Additionally, incorporate the infrastructure and rough grading
changes due to the new adjacent development described in the Background section above, and
prepare updated quantity take-offs. The plans and specs will be stamped by a licensed Colorado
Engineer.
Schedule:
SEH anticipates proceeding upon acceptance of the signed amendment and issuance of a Notice-to-
Proceed. Upon Notice-To-Proceed, we will complete contract amendments with our sub consultants,
Goodbee & Associates for Utility Coordination and SUE Services, Shannon & Wilson for Geotech
Services and Studio CPG for Landscape and Irrigation Services. Goodbee will schedule utility locates
and 5 potholes and SEH’s surveyor will field survey the utility locates, potholes, right-of-way
improvements and prepare CAD files. We anticipate this pre-design effort to 2-3 weeks depending on
locate and potholer availability.
SEH and sub-consultants will then update the previously prepared Geotech Report, Bid Set Plans,
Specifications, Cost Estimate and Bid Schedule. SEH anticipates design and final deliverables can be
prepared in 3-4 weeks once field information is collected.
SEH anticipates the City will need 1-2 weeks to review the final deliverables.
Mr. Mark Westberg, P.E., CFM
March 1, 2021
Page 3
We assume bidding will take approximately 2 months and construction to take 4 months (ordering and
delivery of street light poles is typically a long lead item. The City may want to procure these in advance
of contractor selection). We understand the City may want to bid and construct this project with the
adjacent Task Order projects. For the purposes of this amendment, SEH assumes construction will be
completed in 2021.
Fee:
Since the original project schedule was delayed beyond the original project duration, SEH is proposing
updated cost-based rates reflecting a period of performance extension through 2021, and a fixed fee of
10% on labor. SEH has prepared a detailed fee break-down illustrating task and subtask items,
personnel, hours and cost-plus fixed fee hourly rates. The anticipated fee estimate for this cost-to-
complete is $76,680.26. Refer to Exhibit D attached. The current remaining Task Order #1 budget is
$10,137.35. The net Task Order #1, Amendment #1 fee, is $66,542.91.
All terms and conditions of the original Cost, plus Fixed Fee contract task order remain in force. If this
task order amendment is acceptable, please sign where indicated below, and return a copy for our files.
Please call Scott Jardine at 720.540.6850 with any questions.
Sincerely,
SHORT ELLIOTT HENDRICKSON INC.
Scott Jardine, PE, LEED AP Rick Coldsnow, PE
Project Manager Principal
(Lic. CO) (Lic. CO, NM, WY)
Accepted for City of Wheat Ridge, CO
By:_______________________________
Title:______________________________
Date:______________________________
Attachments:
Exhibit A – Goodbee & Associates scope and fee
Exhibit B – Shannon & Wilson’s scope and fee
Exhibit C – StudioCPG’s scope and fee
Exhibit D - Cost-to-complete fee estimate
p:\uz\w\whtrd\147911\1-genl\10-setup-cont\03-proposal\addendum #1 cost to complete\20210301-52nd ave recon-amend#1 ltr proposal.docx
Goodbee and Associates, Inc.
52nd Avenue CTC
Scope and Fee Estimate
2/18/2021
Principal Project
Manager III
Project
Manager III
Project
Manager II Designer II Designer II Designer II Designer I CAD I
SUE Technician
I
SUE Technician
I Administrator Total Hrs.Total Cost (2021 WR
Rate Sheet)
Floyd, Mary
Keith Bijold, Dana Snyder,
Deborah Hauswirth, Lisa Klopfenstein,
Mary Duke, David Smallwood,
David Nabb, Kaleigh Lobato, Mary Walters, Joseph
Quintana,
Michael Kiser, Elizabeth
$180.44/hr $159.50/hr $177.48/hr $134.91/hr $106.72/hr $108.75/hr $105.85/hr $84.30/hr $75.40/hr $66.70/hr $85.78/hr $88.45/hr
Project management, scheduling, planning, administration 1 4 4 9 $1,074
Project progress meetings and notes (up to 3 concurrent bi-weekly conf. calls) 8 8 $1,079
Monthly meetings with City (up to one concurrent meeting per month)0 $0
Site visit and analysis of existing conditions changes 2 2 4 $482
Existing Info. Collection & Review (Standards, Plans, Data)0 $0
Right of Entry (CDOT, Adjacent Parcels)0 $0
Survey Control 0 $0
Topo field survey of ROW and utility changes 0 $0
Mapping (CAD Base Files) Update 4 4 $435
Utility Identification and Verification limited to designating relocated gas,
water, and comcast lines and 5 test holes, documented in SUE memo of
new utilities
4 8 14 10 10 46 $4,262
Utility Coordination (Xcel and Comm Util. Meetings)6 6 $809
Geotechnical Report Update per Current CDOT Stds 0 $0
3.1 Utility Adjustment Plans and Details 2 8 16 26 $3,138
3.2 Technical Specification Final Revisions 1 4 5 $699
3.3 Finalize Utility Clearance Letters 1 4 5 $699
3.4 Final Cost Estimate 2 2 $218
Task 4: Permitting
Assistance
Valley Water/Denver Water irrigation service tap and meter submittal and
coordination - excluded 0 $0
Task 5: Bidding Assistance Prepare Responses to Bidder Questions (assum up to two)2 2 $270
Task 6: Construction Admin Attend Pre-Construction Conference 2 2 $270
Task 7: Project Close Out Prepare Record Drawings -excluded, no utility as builts will be provided 0 $0
1 4 4 40 0 22 10 14 0 10 10 4 0 0 119 $13,435
Other Direct Costs 10% fee $1,343
Item Units Unit Type Unit Price Subtotal
General Mileage - assume site visit and up to 4 project meetings 40 miles 0.560$ $22.40
SUE QLB mileage 10 miles 0.560$ $5.60
SUE QLB supplies and equipment (excludes GPR)1 days 190$ $190.00
SUE QLB traffic control 1 days 1,500$ $1,500.00
SUE QLB survey - by S.E.H.0 days 2,000$ $0.00
SUE QLA mileage 10 miles 0.56$ $5.60
SUE QLA vacuum excavation 5 hole 700$ $3,500.00
SUE QLA traffic control 1 days $ 1,500 $1,500.00
SUE QLA survey - by S.E.H.0 days $ 2,000 $0.00
Permitting
Denver Water Plan review (or other plan review) - confirm S.E.H. has the irrigation review cost in their scope
$6,723.60
Total Estimate =$21,502
Assumptions and Exclusions:
1
2
3
4
5
6 QL B SUE investigations are limited to designating relocated utility lines. D&M SUE plans from 2018 will be remain the basis of existing utility information.
7 Goodbee SUE will not collect data on overhead wires, open channels, open-air culverts, irrigation ditches, or landscape irrigation, as it is assumed those are collected as part of project topographic survey.
8 Survey will be provided by S.E.H.
9 Third-Party traffic control will be required for SUE investigations. The traffic control cost is estimated based on past fees and will be invoiced at cost.
10 QL-A test holes will be backfilled using native materials. Asphalt repair will be completed with DOT-compliant cold-patch asphalt. Should alternative methods of test hole restoration be required, Goodbee will invoice the repairs at cost.
11 The additional SUE investigations document in SUE Plan set is valid only at the time of sealing. Should the project occur over an extended duration of time, an additional SUE investigation may be warranted to collect updated existing subsurface utility conditions.
12 It is the responsibility of Goodbee to perform due diligence with regards to records research (QLD level of effort) and acquisition of available utility records. Goodbee will further investigate the project area utilizing a suite of geophysical equipment to obtain QL-B data. During QL-B field work, Goodbee will scan the defined work area using
electronic prospecting equipment to search for previously un-recorded utilities. Utilities that are not identified through these efforts will be here forth referred to as “unidentified” utilities. Goodbee is not responsible for designating “unidentified” utilities that were not detected through due diligence and scanning the work area.
52nd Avenue Reconstruction, cost to complete.
TOTAL ODCs
Water and sanitary relocation design excluded.
Utility relocation plans assume 8 sheets including general notes (1), test hole log (2), and utility plans (6) at 1" = 40'.
CAD work in AutoCAD.
Assume a 4-month period of performance (assume March 2021 through June 2021).
Task Description of Activities /Assumptions
Task 1: Project Management
Task 2: Pre-Design Services
TOTAL LABOR
Task 3: Final Design
https://goodbeeassociates.sharepoint.com/Public/3065WARD/00_PM - all/Goodbee SOW 52nd CTC\SOW All
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100695
Ward Station: 52nd Avenue
Billy
Gregg
Ilene
Flax
Brian
Pille
Hydrosys
tems-KDI
Nate
King TOTAL
$157.50 $118.18 $96.30 $100.00 $68.18
1.1 Prepare for and Attend Kick-off Meeting and Site Visit $0
1.2 Assemble and Review Existing Documents, Base Drawings $0
1.3 Develop 30% Concept Plan: Streetscape Design $0
1.4 Develop site furnishings palette/ alternatives $0
1.5 Review Meetings (1)$0
1.6 Project Management: Coordination, Quality Review, Admin.$0
Labor Hour Total by Personnel
Fee Total Personnel $0 $0 $0 $0 $0
Task C-D: Construction Documents
2.1 60%, 90%, and 100% Review Packages: Drawings, Specifications $0
2.2 Streetscape Design $0
2.3 Estimate of Probable Cost/ Takeoffs $0
2.4 Review Meetings at 30%, 60% and 90% (combined with Ridge) $0
2.5 Progress Meetings (phone conference) (3) $0
2.6 Project Management: Coordination, Quality Review, Admin.$0
FINAL PLANS UPDATE $0
Technical Specification Final Revisions 3 $289
Finalize Utility Clearance Letters $0
Final Cost Estimate 1$96
Prepare and Submit Final CD's 2 2 12 6 $2,307
Valley Water/Denver Water irrigation servcie tap and meter submittal and
coordination 2 8 $993
Labor Hour Total by Personnel 2 2 18 14
Fee Total Personnel $315 $236 $1,733 $1,400 $3,685
Task G: Public Involvement
3.1 Develop illustrative plan and sections (2) $0
3.2 Project Management: Coordination, Quality Review, Admin.$0
Labor Hour Total by Personnel 000
Fee Total Personnel $0 $0 $0 $0 $0 $0
4.1 Bidding Assistance 2 8 $1,007
4.2 Attend meetings, site visits (up to 3:2 CPG, 1 Hydro) 8 6 $1,370
4.3 Respond to RFI, ASI, revisions 8 16 $2,486
4.4 Review Submittals 4 16 $2,014
4.5 Project Management: Coordination, Quality Review, Admin. 8 8 8 $2,976
Labor Hour Total by Personnel 82256 6
Fee Total Personnel $1,260 $2,600 $5,393 $600 $9,853
Optional Service
5.1 Optional: Illustrative perspectives $0
Labor Hour Total by Personnel 00000
Fee Total Personnel $0 $0 $0 $0 $0 $0
Labor Total: Hours 10 24 74 20 0
Labor Total: Fees $1,575 $2,836 $7,126 $2,000 $0 $13,538
Direct Expenses (mileage/printing)$600
Total Project Fees $14,138
Consultant Team Fee Breakdown
StudioCPG $11,538
Hydrosystems-KDI $2,000
Task x: Pre-Design and Concept Design
Tasks E,F,J,K: Construction Period Services
StudioCPG 2/17/2021
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Total Labor = Labor + Fixed Fee =$38,484.60 SEH Expenses $671.27 Sub Consultants $37,524.39 $76,680.26Total Cost per Task
Engineers | Architects | Planners | Scientists
Short Elliott Hendrickson Inc., 2000 South Colorado Boulevard, Suite 6000, Colorado Center Tower One, Denver, CO 80222-7938
720.540.6800 | 800.490.4966 | 888.908.8166 fax | sehinc.com
SEH is 100% employee-owned | Affirmative Action–Equal Opportunity Employer
March 1, 2021 RE: Ward Station Area Projects
T.O. 2 - Tabor Street Reconstruction
Plans
SEH No. 147914 14.00
Mr. Mark Westberg, P.E., CFM
Projects Supervisor
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80033
Dear Mark:
Please find enclosed SEH’s proposal for Amendment #1 to the Ward Station Area Projects, Task Order
No. 2 – TABOR STREET RECONSTRUCTION. Per our discussions, you requested we prepared a cost-
to-complete scope and fee to complete this project such that this amendment could account for the
difference exceeding the remaining project budget.
Background
In May of 2020, SEH prepared and submitted bid set level construction plans, project special
specifications, an engineer’s opinion of probable construction cost estimate, and a bid schedule. After
review, the City had no further comments or changes requested. However, due to budget impacts related
to Covid uncertainty on City revenues and other financial commitments, the City notified SEH that they
would hold on bidding until a future date.
Since the bid documents were prepared, several projects have done work impacting Tabor Street right-of-
way, which also impacts the current presentation of existing and proposed conditions reflected in the
Tabor Street construction plans. Xcel Energy has relocated their overhead power to underground the line
under the sidewalk. Comm providers have also relocated their facilities on Tabor Street. Hance Ranch
townhomes development has progressed their construction impacting Tabor Street. Hance Ranch has
installed watermain, sanitary sewer and storm connections at 51st Avenue. They have also paved the
temporary parking lane on the west side of the street, rough graded landscape areas, installed sidewalk,
curb and gutter, portions of the storm sewer in Tabor and installed ornamental street lighting. Additionally,
Triax multi-family mixed-use development has overlot graded their property.
In the Fall of 2020, CDOT updated their construction notes and details, which the City uses as their
standard basis for design and construction plans.
In January of 2021, SEH understands the City had discussions with the City of Arvada to try to team
together on project funding to potentially move the project forward, should an agreement be reached to
do so. As such, SEH was contacted to provide this amendment proposal.
Mr. Mark Westberg, P.E., CFM
March 1, 2021
Page 2
Scope:
In addition to SEH’s original project scope items that remain outstanding, Wheat Ridge has asked SEH to
remove the following scope items and provide the following additional services:
1. Remove Task 6 – Public Involvement.
2. Remove Task OS1 – Graphics.
3. Provide additional utility field locates, survey, and coordination to supplement previously
conducted utility identification and capture utility improvements that have taken place since our
initial project survey. Refer to the utility improvements mentioned in the Background section
above. No new potholes are anticipated at this time with this additional scope effort. Deliverables
will include preparation of updated utility CAD files for use in the plan set, updated Utility Plan
sheets, updated background references on non-utility plans sheets and sign-off by a licensed
Colorado Engineer stating the Utility information meets the S.U.E. requirements of SB-167. Refer
to Goodbee & Associates scope and fee attached as Exhibit A for more information and their
assumptions.
4. Provide an updated Geotechnical Report, signed and stamped by a Colorado Engineer,
referencing the latest CDOT procedures and standards. Refer to Shannon & Wilson’s scope and
fee attached as Exhibit B for more information.
5. Provide additional topographic field survey in the right-of-way to capture infrastructure
improvements and rough grading that has taken place since our initial project survey. Refer to
the physical infrastructure improvements and site grading mentioned in the Background section
above. Deliverables will include CAD files for use in preparing updated project bid set
deliverables.
6. Provide an updated plan set, quantity take-offs, engineer’s opinion of estimated construction
cost, bid schedule and specs for landscape and irrigation. Refer to StudioCPG’s scope and fee
attached as Exhibit C for more information and assumptions.
7. Review CDOT’s latest construction notes, road and bridge standards and details and update the
constructions plans, project special provision specifications, engineer’s opinion of estimated
construction cost and bid schedule. Additionally, incorporate the infrastructure and rough grading
changes due to the new adjacent development described in the Background section above, and
prepare updated quantity take-offs. The plans and specs will be stamped by a licensed Colorado
Engineer.
Schedule:
SEH anticipates proceeding upon acceptance of the signed amendment and issuance of a Notice-to-
Proceed. Upon Notice-To-Proceed, we will complete contract amendments with our sub consultants,
Goodbee & Associates for Utility Coordination and SUE Services, Shannon & Wilson for Geotech
Services and Studio CPG for Landscape and Irrigation Services. Goodbee will schedule utility locates
and SEH’s surveyor will field survey the utility locates, right-of-way improvements and prepare CAD files.
We anticipate this pre-design effort to 2-3 weeks depending on locate and potholer availability.
SEH and sub-consultants will then update the previously prepared Geotech Report, Bid Set Plans,
Specifications, Cost Estimate and Bid Schedule. SEH anticipates design and final deliverables can be
prepared in 2-3 weeks once field information is collected.
SEH anticipates the City will need 1-2 weeks to review the final deliverables.
We assume bidding will take approximately 2 months and construction to take 4 months (ordering and
delivery of street light poles is typically a long lead item. The City may want to procure these in advance
of contractor selection). We understand the City may want to bid and construct this project with the
Mr. Mark Westberg, P.E., CFM
March 1, 2021
Page 3
adjacent Task Order projects. For the purposes of this amendment, SEH assumes construction will be
completed in 2021.
Fee:
Since the original project schedule was delayed beyond the original project duration, SEH is proposing
updated cost-based rates reflecting a period of performance extension through 2021, and a fixed fee of
10% on labor. SEH has prepared a detailed fee break-down illustrating task and subtask items,
personnel, hours and cost-plus fixed fee hourly rates. The anticipated fee estimate for this cost-to-
complete is $39,687.02. Refer to Exhibit D attached. The current remaining Task Order #2 budget is
$3,532.38. The net Task Order #2, Amendment #1 fee, is $36,154.64.
All terms and conditions of the original Cost plus Fixed Fee contract task order remain in force. If this task
order amendment is acceptable, please sign where indicated below, and return a copy for our files.
Please call Scott Jardine at 720.540.6850 with any questions.
Sincerely,
SHORT ELLIOTT HENDRICKSON INC.
Scott Jardine, PE, LEED AP Rick Coldsnow, PE
Project Manager Principal
(Lic. CO) (Lic. CO, NM, WY)
Accepted for City of Wheat Ridge, CO
By:_______________________________
Title:______________________________
Date:______________________________
Attachments:
Exhibit A – Goodbee & Associates scope and fee
Exhibit B – Shannon & Wilson’s scope and fee
Exhibit C – StudioCPG’s scope and fee
Exhibit D - Cost-to-complete fee estimate
p:\uz\w\whtrd\147914\1-genl\10-setup-cont\03-proposal\amendment #1 - cost to complete\20210301-tabor st recon-amend#1 ltr proposal.docx
Goodbee and Associates, Inc.
Tabor Street - Estimate to Complete
Scope and Fee Estimate
2/18/2021
Principal Project
Manager III
Project
Manager III
Project
Manager II Designer II Designer II Designer II Designer I CAD I
SUE Technician
I
SUE Technician
I Administrator Total Hrs.Total Cost (2021
WR Rate Sheet)
Floyd, Mary
Keith Bijold, Dana Snyder,
Deborah Hauswirth, Lisa Klopfenstein,
Mary Duke, David Smallwood,
David Nabb, Kaleigh Lobato, Mary
Walters,
Joseph
Quintana,
Michael Kiser, Elizabeth
$180.44/hr $159.50/hr $177.48/hr $134.91/hr $106.72/hr $108.75/hr $105.85/hr $84.30/hr $75.40/hr $66.70/hr $85.78/hr $88.45/hr
Project management, scheduling, planning, administration 1 2 2 5 $627
Project progress meetings and notes (up to 3 concurrent bi-weekly conf. calls) 4 4 $540
Monthly meetings with City (up to one concurrent meeting per month)0 $0
Site visit and analysis of existing conditions changes 2 2 4 $482
Existing Info. Collection & Review (Standards, Plans, Data)0 $0
Right of Entry (CDOT, Adjacent Parcels)0 $0
Survey Control 0 $0
Topo field survey of ROW and utility changes 0 $0
Mapping (CAD Base Files) Update 4 4 $435
Utility Identification and Verification (designating new gas, electric,
water and storm tie-ins, and sanitary) and SUE memo of new utilities.
Addditional test holes excluded.
2 8 8 10 28 $2,734
Utility Coordination (Water line)2 2 $270
Geotechnical Report Update per Current CDOT Stds 0 $0
3.1 Utility Adjustment Plans and Details 2 4 6 12 $1,511
3.2 Technical Specification Final Revisions 1 4 5 $699
3.3 Finalize Utility Clearance Letters 1 4 5 $699
3.4 Final Cost Estimate 2 2 $218
Task 4: Permitting
Assistance
Valley Water/Denver Water irrigation service tap and meter submittal
and coordination - excluded from Goodbee's scope 0 $0
Task 5: Bidding Assistance Prepare Responses to Bidder Questions (assum up to two)2 2 $270
Task 6: Construction
Admin Attend Pre-Construction Conference 2 2 $270
Task 7: Project Close Out Prepare Record Drawings - excluded from Goodbee's scope, no updates
to utility as-builts.0 $0
1 4 2 26 0 12 10 8 0 0 10 2 0 0 75 $8,754
Other Direct Costs 10% fee $875
Item Units Unit Type Unit Price Subtotal
General Mileage - assume site visit and up to 2 project meetings 30 miles 0.560$ $16.80
SUE QLB mileage 10 miles 0.560$ $5.60
SUE QLB supplies and equipment (excludes GPR)1 days 190$ $190.00
SUE QLB traffic control 1 days 1,500$ $1,500.00
SUE QLB survey - by S.E.H.0 days 2,000$ $0.00
SUE QLA mileage 0 miles 0.56$ $0.00
SUE QLA vacuum excavation - excluded for Tabor 0 hole 700$ $0.00
$1,712.40
Total Estimate =$11,341
Assumptions and Exclusions:
1
2
3
4
5
6 QL B SUE investigations are limited to designating relocated utility lines. D&M SUE plans from 2018 will be remain the basis of existing utility information.
7 Goodbee SUE will not collect data on overhead wires, open channels, open-air culverts, irrigation ditches, or landscape irrigation, as it is assumed those are collected as part of project topographic survey.
8 Survey will be provided by S.E.H.
9 Third-Party traffic control will be required for SUE investigations. The traffic control cost is estimated based on past fees and will be invoiced at cost.
10 QL-A test holes excluded
11 The additional SUE investigations document in SUE Plan set is valid only at the time of sealing. Should the project occur over an extended duration of time, an additional SUE investigation may be warranted to collect updated existing subsurface utility conditions.
12 It is the responsibility of Goodbee to perform due diligence with regards to records research (QLD level of effort) and acquisition of available utility records. Goodbee will further investigate the project area utilizing a suite of geophysical equipment to obtain QL-B data. During QL-B field work, Goodbee will scan the defined
work area using electronic prospecting equipment to search for previously un-recorded utilities. Utilities that are not identified through these efforts will be here forth referred to as “unidentified” utilities. Goodbee is not responsible for designating “unidentified” utilities that were not detected through due diligence and
scanning the work area.
Tabor Street Reconstruction, cost to complete.
TOTAL ODCs
Water and sanitary relocation design excluded.
Utility relocation plans assume 4 sheets including general notes (1), test hole log (1), and utility plans (2) at 1" = 40'.
CAD work in AutoCAD.
Assume a 4-month period of performance (assume March 2021 through June 2021).
Task Description of Activities /Assumptions
Task 1: Project Management
Task 2: Pre-Design
Services
TOTAL LABOR
Task 3: Final Design
https://goodbeeassociates.sharepoint.com/Public/3065WARD/00_PM - all/Goodbee SOW Tabor CTC\SOW All
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Ward Station: Tabor Street
Billy
Gregg
Ilene
Flax
Brian
Pille
Hydrosy
stems-
KDI
Nate
King TOTAL
$157.50 $118.18 $96.30 $100.00 $68.18
1.1 Prepare for and Attend Kick-off Meeting and Site Visit $0
1.2 Assemble and Review Existing Documents, Base Drawings $0
1.3 Develop 30% Concept Plan: Streetscape Design $0
1.4 Develop site furnishings palette/ alternatives $0
1.5 Review Meetings (1)$0
1.6 Project Management: Coordination, Quality Review, Admin.$0
Labor Hour Total by Personnel 0000
Fee Total Personnel $0 $0 $0 $0 $0
Task C-D: Construction Documents
2.1 60%, 90%, and 100% Review Packages: Drawings, Specifications $0
2.2 Streetscape Design $0
2.3 Estimate of Probable Cost/ Takeoffs $0
2.4 Review Meetings at 30%, 60% and 90% (0: combined with 52nd and Ridge) $0
2.5 Project Management: Coordination, Quality Review, Admin.$0
FINAL PLANS UPDATE $0
Technical Specification Final Revisions 3 $289
Finalize Utility Clearance Letters $0
Final Cost Estimate 1 $96
Prepare and Submit Final CD's 2 2 8 $1,322
Valley Water/Denver Water irrigation servcie tap and meter submittal and
coordination 2 8 $993
Labor Hour Total by Personnel 22148
Fee Total Personnel $315 $236 $1,348 $800 $2,700
Task G: Public Involvement
3.1 Develop illustrative plan and section (2) $0
3.2 Project Management: Coordination, Quality Review, Admin.$0
Labor Hour Total by Personnel 000
Fee Total Personnel $0 $0 $0 $0 $0 $0
4.1 Bidding Assistance 2 3 $525
4.2 Attend meetings, site visits (1 CPG)$0
4.3 Respond to RFI, ASI, revisions $0
4.4 Review Submittals $0
4.5 Project Management: Coordination, Quality Review, Admin.$0
Labor Hour Total by Personnel 0230
Fee Total Personnel $0 $236 $289 $0 $525
Optional Service
5.1 Optional: Illustrative perspectives $0
Labor Hour Total by Personnel 00000
Fee Total Personnel $0 $0 $0 $0 $0 $0
Labor Total: Hours 241780
Labor Total: Fees $315 $473 $1,637 $800 $0 $3,225
Direct Expenses (mileage/printing)$600
Total Project Fees $3,825
Consultant Team Fee Breakdown
StudioCPG $2,425
Hydrosystems-KDI $800
Task x: Project Initiation and Concept Design
Tasks E,F,J,K: Construction Period Services
StudioCPG 2/22/2021
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Total Labor = Labor + Fixed Fee =$23,980.26 SEH Expenses $532.28 Sub Consultants $15,174.48 $39,687.02Total Cost per Task
N
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s
Engineers | Architects | Planners | Scientists
Short Elliott Hendrickson Inc., 2000 South Colorado Boulevard, Suite 6000, Colorado Center Tower One, Denver, CO 80222-7938
720.540.6800 | 800.490.4966 | 888.908.8166 fax | sehinc.com
SEH is 100% employee-owned | Affirmative Action–Equal Opportunity Employer
March 1, 2021 RE: Ward Station Area Projects
T.O. 3 - Ridge Road Reconstruction
Plans
SEH No. 147915 14.00
Mr. Mark Westberg, P.E., CFM
Projects Supervisor
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80033
Dear Mark:
Please find enclosed SEH’s proposal for Amendment #1 to the Ward Station Area Projects, Task Order
No. 3 – RIDGE ROAD RECONSTRUCTION. Per our discussions, you requested we prepared a cost-to-
complete scope and fee to complete this project such that this amendment could account for the
difference exceeding the remaining project budget.
Background
In May of 2020, SEH prepared and submitted bid set level construction plans, project special
specifications, an engineer’s opinion of probable construction cost estimate, and a bid schedule. After
review, the City had no further comments or changes requested. However, due to budget impacts related
to Covid uncertainty on City revenues and other financial commitments, the City notified SEH that they
would hold on bidding until a future date.
Since the bid documents were prepared, several projects have done work impacting Ridge Road right-of-
way, which also impacts the current presentation of existing and proposed conditions reflected in the
Ridge Road construction plans. Xcel Energy has relocated their overhead power poles and lines and
underground gas line. Comm providers have also relocated their facilities on Ridge road. Haskins Station,
a residential housing development adjacent to the project in Arvada, has also progressed their
construction and is expected to impact the east tie-in of Ridge Road. Sidewalk and roadway pavement
section tie-ins are anticipated.
In the Fall of 2020, CDOT updated their construction notes and details, which the City uses as their
standard basis for design and construction plans.
In January of 2021, SEH understands the City had discussions with the City of Arvada to try to team
together on project funding to potentially move the project forward, should an agreement be reached to
do so. As such, SEH was contacted to provide this amendment proposal.
Mr. Mark Westberg, P.E., CFM
March 1, 2021
Page 2
Scope:
In addition to SEH’s original project scope items that remain outstanding, Wheat Ridge has asked SEH to
remove the following scope items and provide the following additional services:
1. Remove Task 6 – Public Involvement.
2. Remove Task OS1 – Graphics.
3. Provide additional survey, and coordination to supplement previously conducted utility
identification and capture utility improvements that have taken place since our initial project
survey. Refer to the utility improvements mentioned in the Background section above. No new
locates or potholes are anticipated at this time with this additional scope effort. Deliverables will
include preparation of updated utility CAD files for use in the plan set, updated Utility Plan
sheets, updated background references on non-utility plans sheets and sign-off by a licensed
Colorado Engineer stating the Utility information meets the S.U.E. requirements of SB-167. Refer
to Goodbee & Associates scope and fee attached as Exhibit A for more information and their
assumptions.
4. Provide an updated Geotechnical Report, signed and stamped by a Colorado Engineer,
referencing the latest CDOT procedures and standards. Refer to Shannon & Wilson’s scope and
fee attached as Exhibit B for more information.
5. Provide additional topographic field survey in the right-of-way to capture infrastructure
improvements and rough grading that has taken place since our initial project survey. Refer to
the physical infrastructure improvements and site grading mentioned in the Background section
above. Deliverables will include CAD files for use in preparing updated project bid set
deliverables.
6. Provide an updated plan set, quantity take-offs, engineer’s opinion of estimated construction
cost, bid schedule and specs for landscape and irrigation. Refer to StudioCPG’s scope and fee
attached as Exhibit C for more information and assumptions.
7. Review of CDOT’s latest construction notes, road and bridge standards and details and update
the constructions plans, project special provision specifications, engineer’s opinion of estimated
construction cost and bid schedule. Additionally, incorporate the infrastructure and rough grading
changes due to the new adjacent development described in the Background section above, and
prepare updated quantity take-offs. The plans and specs will be stamped by a licensed Colorado
Engineer.
Schedule:
SEH anticipates proceeding upon acceptance of the signed amendment and issuance of a Notice-to-
Proceed. Upon Notice-To-Proceed, we will complete contract amendments with our sub consultants,
Goodbee & Associates for Utility Coordination and SUE Services, Shannon & Wilson for Geotech
Services and Studio CPG for Landscape and Irrigation Services. SEH’s surveyor will field survey the
Xcel poles and Comm pull boxes, right-of-way improvements and prepare CAD files. We anticipate this
pre-design effort to 2-3 weeks depending on locate and potholer availability.
SEH and sub-consultants will then update the previously prepared Geotech Report, Bid Set Plans,
Specifications, Cost Estimate and Bid Schedule. SEH anticipates design and final deliverables can be
prepared in 2-3 weeks once field information is collected.
SEH anticipates the City will need 1-2 weeks to review the final deliverables.
We assume bidding will take approximately 2 months and construction to take 4 months (ordering and
delivery of street light fixtures can be a longer lead item. The City may want to procure these in advance
of contractor selection). We understand the City may want to bid and construct this project with the
Mr. Mark Westberg, P.E., CFM
March 1, 2021
Page 3
adjacent Task Order projects. For the purposes of this amendment, SEH assumes construction will be
completed in 2021.
Fee:
Since the original project schedule was delayed beyond the original project duration, SEH is proposing
updated cost-based rates reflecting a period of performance extension through 2021, and a fixed fee of
10% on labor. SEH has prepared a detailed fee break-down illustrating task and subtask items,
personnel, hours and cost-plus fixed fee hourly rates. The anticipated fee estimate for this cost-to-
complete is $37,256.82. Refer to Exhibit D attached. The current remaining Task Order #3 budget is
$11,216.25. The net Task Order #3, Amendment #1 fee is $26,040.57.
All terms and conditions of the original Cost, plus Fixed Fee contract task order remain in force. If this
task order amendment is acceptable, please sign where indicated below, and return a copy for our files.
Please call Scott Jardine at 720.540.6850 with any questions.
Sincerely,
SHORT ELLIOTT HENDRICKSON INC.
Scott Jardine, PE, LEED AP Rick Coldsnow, PE
Project Manager Principal
(Lic. CO) (Lic. CO, NM, WY)
Accepted for City of Wheat Ridge, CO
By:_______________________________
Title:______________________________
Date:______________________________
Attachments:
Exhibit A – Goodbee & Associates scope and fee
Exhibit B – Shannon & Wilson’s scope and fee
Exhibit C – StudioCPG’s scope and fee
Exhibit D - Cost-to-complete fee estimate
p:\uz\w\whtrd\147915\1-genl\10-setup-cont\03-proposal\amendment #1 - cost to complete\20210301-ridge road recon-amend#1 ltr proposal.docx
Goodbee and Associates, Inc.
Ridge Street CTC
Scope and Fee Estimate
2/18/2021
Principal Project
Manager III
Project
Manager III
Project
Manager II Designer II Designer II Designer II Designer I CAD I
SUE Technician
I
SUE Technician
I Administrator Total Hrs.Total Cost (2021
WR Rate Sheet)
Floyd, Mary
Keith Bijold, Dana Snyder,
Deborah Hauswirth, Lisa Klopfenstein,
Mary Duke, David Smallwood,
David Nabb, Kaleigh Lobato, Mary
Walters,
Joseph
Quintana,
Michael Kiser, Elizabeth
$180.44/hr $159.50/hr $177.48/hr $134.91/hr $106.72/hr $108.75/hr $105.85/hr $84.30/hr $75.40/hr $66.70/hr $85.78/hr $88.45/hr
Project management, scheduling, planning, administration 1 2 2 5 $627
Project progress meetings and notes (up to 3 concurrent bi-weekly conf.
calls) 2 2 $270
Monthly meetings with City (up to one concurrent meeting per month)0 $0
Site visit and analysis of existing conditions changes 2 2 $270
Existing Info. Collection & Review (Standards, Plans, Data)0 $0
Right of Entry (CDOT, Adjacent Parcels)0 $0
Survey Control 0 $0
Topo field survey of ROW and utility changes 0 $0
Mapping (CAD Base Files) Update 1 1 $109
Utility Identification and Verification - no additional SUE investigations
at this site, excluded 0 $0
Utility Coordination (limited)2 $270
Geotechnical Report Update per Current CDOT Stds 0 $0
3.1 Utility Adjustment Plans and Details 2 4 4 10 $1,294
3.2 Technical Specification Final Revisions 1 4 5 $699
3.3 Finalize Utility Clearance Letters 1 4 5 $699
3.4 Final Cost Estimate 0 $0
Task 4: Permitting
Assistance
Valley Water/Denver Water irrigation service tap and meter submittal
and coordination - Excluded from Goodbee's scope 0 $0
Task 5: Bidding Assistance Prepare Responses to Bidder Questions (assum up to two)2 2 $270
Task 6: Construction
Admin Attend Pre-Construction Conference 2 2 $270
Task 7: Project Close Out Prepare Record Drawings - utility as builts excluded 0 $0
1 4 0 24 0 5 0 0 0 0 0 2 0 0 34 $4,777
Other Direct Costs 10% fee $478
Item Units Unit Type Unit Price Subtotal
General Mileage - assume site visit and up to 2 project meetings 30 miles 0.560$ $16.80
Denver Water Plan review (or other plan review) - confirm S.E.H. has the irrigation review cost in their scope
$16.80
Total Estimate =$5,271
Assumptions and Exclusions:
D&M SUE plans from 2018 will be remain the basis of existing utility information. No additional SUE investigations will be completed by Goodbee.
Task Description of Activities /Assumptions
Task 1: Project Management
Task 2: Pre-Design
Services
TOTAL LABOR
Task 3: Final Design
Ridge Street Reconstruction, cost to complete.
TOTAL ODCs
Water and sanitary relocation design excluded.
Utility relocation plans assume 4 sheets including general notes (1), test hole log (1), and utility plans (2) at 1" = 40'.
CAD work in AutoCAD.
Assume a 4-month period of performance (assume March 2021 through June 2021).
https://goodbeeassociates.sharepoint.com/Public/3065WARD/00_PM - all/Goodbee SOW Ridge CTC\SOW All
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Ward Station: Ridge Road
Billy
Gregg
Ilene
Flax
Brian
Pille
Hydrosy
stems-
KDI
Nate
King TOTAL
$157.50 $118.18 $96.30 $100.00 $68.18
1.1 Prepare for and Attend Kick-off Meeting and Site Visit $0
1.2 Assemble and Review Existing Documents, Base Drawings $0
1.3 Develop Concept Plan: Streetscape Design $0
1.4 Develop site furnishings palette/ alternatives $0
1.5 Review Meeting (1)$0
1.6 Project Management: Coordination, Quality Review, Admin.$0
Labor Hour Total by Personnel 0000.0
Fee Total Personnel $0 $0 $0 $0 $0
Task C-D: Construction Documents
2.1 60%, 90%, and 100% Review Packages: Drawings, Specifications $0
2.2 Streetscape Design $0
2.3 Estimate of Probable Cost/ Takeoffs $0
2.4 Review Meetings at 30%, 60% and 90% (combined with 52nd) $0
2.5 Progress Meetings (phone conference) (3) $0
2.6 Project Management: Coordination, Quality Review, Admin.$0
FINAL PLANS UPDATE $0
Technical Specification Final Revisions 3 $289
Finalize Utility Clearance Letters $0
Final Cost Estimate 1 $96
Prepare and Submit Final CD's 2 2 12 6 $2,307
Labor Hour Total by Personnel 22166
Fee Total Personnel $315 $236 $1,541 $600 $2,692
Task G: Public Involvement
3.1 Develop illustrative plan and section (1) $0
3.2 Project Management: Coordination, Quality Review, Admin.$0
Labor Hour Total by Personnel 000
Fee Total Personnel $0 $0 $0 $0 $0 $0
4.1 Bidding Assistance 2 8 $1,007
4.2 Attend meetings, site visits (up to 3:4 CPG, 1 Hydro) 8 6 $1,370
4.3 Respond to RFI, ASI, revisions 4 12 $1,628
4.4 Review Submittals 4 12 $1,628
4.5 Project Management: Coordination, Quality Review, Admin. 6 6 8 $2,424
Labor Hour Total by Personnel 61648 6
Fee Total Personnel $945 $1,891 $4,622 $600 $8,058
Optional Service
5.1 Optional: Illustrative perspectives $0
Labor Hour Total by Personnel 00000
Fee Total Personnel $0 $0 $0 $0 $0 $0
Labor Total: Hours 8186412 0
Labor Total: Fees $1,260 $2,127 $6,163 $1,200 $0 $10,750
Direct Expenses (mileage/printing)$600
Total Project Fees $11,350
Consultant Team Fee Breakdown
StudioCPG $9,550
Hydrosystems-KDI $1,200
Task x: Project Initiation and Concept Design
Tasks E,F,J,K: Construction Period Services
StudioCPG 2/22/2021
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$75.65
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Fin
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Co
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$338.24
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Fi
n
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Pr
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Pr
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p
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p
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to
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d
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Qu
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(a
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5
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Pr
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p
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r
e
Do
c
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m
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t
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d
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to
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$
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4
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5
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6
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9
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Pr
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Pr
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p
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(A
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2
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5
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6
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Ma
t
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Sh
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Re
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1
$285.81
Pr
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$1,369.66
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7
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Total Labor = Labor + Fixed Fee =$19,136.96 SEH Expenses $177.20 Sub Consultants $17,942.66 $37,256.82Total Cost per Task
Engineers | Architects | Planners | Scientists
Short Elliott Hendrickson Inc., 2000 South Colorado Boulevard, Suite 6000, Colorado Center Tower One, Denver, CO 80222-7938
720.540.6800 | 800.490.4966 | 888.908.8166 fax | sehinc.com
SEH is 100% employee-owned | Affirmative Action–Equal Opportunity Employer
March 1, 2021 RE: Ward Station Area Projects
T.O. 4 - Signal & Intersection
Improvement Plans
SEH No. 151718 14.00
Mr. Mark Westberg, P.E., CFM
Projects Supervisor
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80033
Dear Mark:
Please find enclosed SEH’s proposal for Amendment #2 to the Ward Station Area Projects, Task Order
No. 4 – SIGNAL AND INTERSECTION IMPROVEMENT PLANS for W. 52nd Avenue and SH 72 (Ward
Road). Per our discussions, you requested we prepared a cost-to-complete scope and fee to complete
this project such that this amendment could account for the difference exceeding the remaining project
budget.
Background
In April of 2020, SEH prepared FIR/FOR plans, specifications and cost estimates for the project and
submitted them to CDOT for their review. CDOT provided a list of comments for SEH and the City to
address with a final design submittal. Within the comments, CDOT noted that several utility updates had
recently happened in the project limits that they would need reflected with project document updates prior
to final clearances and construction. Additionally, they noted that CDOT would also want the plans
updated to reflect current CDOT notes, standards, and details in effect at the time of construction.
In July of 2020, SEH prepared and submitted to the City 95% level construction plans, project special
specifications, engineer’s opinion of probable construction cost estimates, bid schedule and CDOT
FIR/FOR draft comment responses for final review and comments before submittal to CDOT. After
review, the City had no further comments or changes requested. However, due to budget impacts related
Covid uncertainty on City revenues other financial commitments, the City asked SEH to hold on
resubmitting the final PSE deliverables to CDOT. The City was unable to commit to putting the project out
to bid, and as such decided that final plan utility updates and CDOT notes, standards and detail updates
would be best left to address when they were ready to move forward with the project again.
In January of 2021, SEH understands the City had discussions with the City of Arvada to try to team
together on project funding to potentially move the project forward should an agreement be reached to do
so. As such, SEH was contacted to provide this amendment proposal.
Mr. Mark Westberg, P.E., CFM
March 1, 2021
Page 2
Scope:
In addition to SEH’s original project scope items that remain outstanding, Wheat Ridge has asked SEH to
provide the following services:
1. Additional utility field locates, survey, and coordination to supplement previously conducted utility
identification and capture utility improvements that have taken place since our initial project
survey. For instance, ATT Communications and Xcel have new facilities known to have been
installed since the utility base files were prepared. Deliverables will include preparation of
updated utility CAD files for use in the plan set, updated Utility Plan sheets, updated background
references on non-utility plans sheets, sign-off by a licensed Colorado Engineer stating the Utility
information meets SB 167, and CDOT utility clearance letters. Refer to Goodbee & Associates
scope and fee attached as Exhibit A for more information and assumptions.
2. Conduct a site observation and review of previous environmental investigation results and
updates to CDOT forms and documentation. Update the Site Investigation Assessment (SIA)
and submit updated documents toc support CDOT Region 1’s Environmental Division’s review
and approval for environmental clearances. Refer to ERO Resources scope and fee attached as
Exhibit B for more information and assumptions.
3. Review CDOT’s latest construction notes, road and bridge standards and details and update the
constructions plans, project special provision specifications, engineer’s opinion of estimated
construction cost and bid schedule for final deliverable submittal review and approval.
Schedule:
SEH anticipates proceeding upon acceptance of the signed amendment and issuance of a Notice-to-
Proceed. Upon Notice-To-Proceed, we will complete contract amendments with our sub consultants,
Goodbee & Associates for Utility Coordination and SUE Services, and ERO Resource Corporation for
Environmental Services. Goodbee will schedule utility locates and ERO will conduct a field investigation
to update their SIA. SEH’s surveyor will field survey the utility locates and prepare CAD files. We
anticipate this pre-design effort to 2-3 weeks depending on locate sub availability.
SEH will then update the previously prepared 95% Plans, Specifications, Cost Estimate and Bid
Schedule. Utility and Environmental Clearances documents will also be prepared provided. SEH
anticipates design and final deliverable can be prepared in 2-3 weeks once field information is collected.
SEH anticipates CDOT will need 2-3 weeks to review the final deliverables and provide clearances
approvals.
We assume bidding will take 2 months and construction to take 3 months (ordering and delivery of signal
pole is typically a long lead item. The City may want to procure these in advance of contractor selection).
We understand the City may want to bid and construct this project with the adjacent 52nd Avenue
Reconstruction project to the east. For the purposes of this amendment, SEH assumes construction will
be completed in 2021.
Fee:
Since the original project schedule was delayed beyond the original project duration, SEH is proposing
updated rates reflecting a period of performance extension through 2021, and a fixed fee of 10% on
labor. SEH has prepared a detailed fee break-down illustrating task and subtask items, personnel, hours
and cost-plus fixed fee hourly rates. The anticipated fee estimate for this cost-to-complete is $34,700.22.
Refer to Exhibit C attached. The current remaining Task Order #4 budget is 2,884.98. The net Task
Order #4, Amendment #2 fee is $31,815.24.
Mr. Mark Westberg, P.E., CFM
March 1, 2021
Page 3
All terms and conditions of the original Cost, plus Fixed Fee contract task order remain in force. If this
task order amendment is acceptable, please sign where indicated below, and return a copy for our files.
Please call Scott Jardine at 720.540.6850 with any questions.
Sincerely,
SHORT ELLIOTT HENDRICKSON INC.
Scott Jardine, PE, LEED AP Rick Coldsnow, PE
Project Manager Principal
(Lic. CO) (Lic. CO, NM, WY)
Accepted for City of Wheat Ridge, CO
By:_______________________________
Title:______________________________
Date:______________________________
p:\uz\w\whtrd\151718\1-genl\10-setup-cont\03-proposal\amend #2 - cost to complete\20210301-52nd&ward-amend#2 ltr proposal.docx
Attachments:
1. Exhibit A – Goodbee work scope and fee breakdown
2. Exhibit B – ERO Resources work scope and fee breakdown
3. Exhibit C – T.O. #4 Cost-to-Complete Fee Estimate
Goodbee and Associates, Inc.
Ward and 52nd Avenue Intersection CTC
Scope and Fee Estimate
2/18/2021
Principal Project
Manager III
Project
Manager III
Project
Manager II Designer II Designer II Designer I
SUE Technician
I
SUE Technician
I Administrator Total Hrs.Total Cost (2021 WR
Rate Sheet)
Floyd, Mary
Keith Bijold, Dana Snyder,
Deborah Hauswirth, Lisa Duke, David
Smallwood,
David Nabb, Kaleigh Walters,
Joseph
Quintana,
Michael Kiser, Elizabeth
$180.44/hr $159.50/hr $177.48/hr $134.91/hr $108.75/hr $105.85/hr $84.30/hr $66.70/hr $85.78/hr $88.45/hr
Project management, scheduling, planning, administration 1 2 2 5 $627
Project progress meetings and notes (up to 3 concurrent bi-weekly conf. calls) 2 2 $270
Monthly meetings with City (up to one concurrent meeting per month)0 $0
Site visit and analysis of existing conditions changes 2 2 $270
Review New Info. (City Stds, CDOT Stds)0 $0
Right of Entry Coordination (CDOT, Adjacent Parcels)0 $0
Survey Control 0 $0
Field Survey of utility changes 2 2 $169
Locates - designation of new AT&T fiber and SUE memo 1 8 4 4 17 $1,705
Utility Test Holes - excuded from this SOW 0 $0
Utility Coordination Meetings (Xcel, Comms)8 8 $1,079
Biological Resource Report - Update 0 $0
Utility Clearance Letters, Xcel work request 2 8 10 $1,398
Utility Plans 2 4 6 12 $1,511
FOR Meeting 4 4 $540
Final PS&E Package 1 2 4 7 $864
Task 5: Bid Services attend pre-bid - excluded 0 $0
Task 6: Construction
Admin Attend Pre-Construction Conference 4 4 $540
1 5 1 36 10 8 6 0 4 2 0 0 73 $8,972
Other Direct Costs 10% fee $897
Item Units Unit Type Unit Price Subtotal
General Mileage - assume site visit and up to 2 project meetings 30 miles 0.560$ $16.80
SUE QLB mileage 10 miles 0.560$ $5.60
SUE QLB supplies and equipment (excludes GPR)1 days 190$ $190.00
SUE QLB traffic control 1 days 1,500$ $1,500.00
SUE QLB survey - by S.E.H.0 days 2,000$ $0.00
SUE QLA mileage - excluded 0 miles 0.56$ $0.00
$1,712.40
Total Estimate =$11,582
Assumptions and Exclusions:
1
2
3
4
5
6 QL B SUE investigations are limited to designating relocated utility lines including AT&T FO. D&M SUE plans from 2018 will be remain the basis of existing utility information.
7 Goodbee SUE will not collect data on overhead wires, open channels, open-air culverts, irrigation ditches, or landscape irrigation, as it is assumed those are collected as part of project topographic survey.
8 Survey will be provided by S.E.H.
9 Third-Party traffic control will be required for SUE investigations. The traffic control cost is estimated based on past fees and will be invoiced at cost.
10 QL-A test holes excluded.
11 The additional SUE investigations document in SUE Plan set is valid only at the time of sealing. Should the project occur over an extended duration of time, an additional SUE investigation may be warranted to collect updated existing subsurface utility conditions.
12 It is the responsibility of Goodbee to perform due diligence with regards to records research (QLD level of effort) and acquisition of available utility records. Goodbee will further investigate the project area utilizing a suite of geophysical equipment to obtain QL-B data. During QL-B field work,
Goodbee will scan the defined work area using electronic prospecting equipment to search for previously un-recorded utilities. Utilities that are not identified through these efforts will be here forth referred to as “unidentified” utilities. Goodbee is not responsible for designating “unidentified”
utilities that were not detected through due diligence and scanning the work area.
Ward and 52nd Intersection Reconstruction, cost to complete. Assumes CDOT review and oversight.
TOTAL ODCs
Water and sanitary relocation design excluded.
Utility relocation plans assume 4 sheets including general notes (1), test hole log (1), and utility plans (2) at 1" = 40'.
CAD work in AutoCAD.
Assume a 4-month period of performance (assume March 2021 through June 2021).
Task Description of Activities /Assumptions
Task 1: Project Management
Task 2: Pre-Design Services
TOTAL LABOR
Task 4: FOR submittal
https://goodbeeassociates.sharepoint.com/Public/3065WA52/00_PM/Goodbee SOW 52nd int CTC\SOW All
1
ERO Resources Corporation
ERO Resources Corporation Exhibit B
Scope of Work and Cost Estimate
Updated Initial Site Assessment
West 52nd Avenue and Ward Road (SH‐72) Intersection
Improvements Project
February 19, 2021
Task Summary
Short Elliott Hendrickson Inc. (Client) has requested ERO Resources Corporation (ERO) prepare this
Scope of Work (SOW) to preform environmental services for the proposed intersection improvements
project at West 52nd Avenue and Ward Road in Wheat Ridge, Colorado. ERO will visit the project site and
update the January 2020 Colorado Department of Transportation (CDOT) Initial Site Assessment with
relevant information. ERO will submit the updated report to the Client and CDOT for review and
approval. ERO assumes participation in one web‐based meeting.
Assumptions
The Client will obtain written permission to access the project site.
The Client will provide all required engineering plans and specifications.
One round of revisions for the ISA report based on CDOT’s comments is included in this SOW
and no other revisions will be needed.
Products
Draft ISA report delivered to the Client via email.
Final ISA report, including a PDF document emailed, and one hard copy mailed to the Client.
Estimated Task Hours and Total Cost
Task Estimated Hours Cost
Updated ISA 16 $2,092.96
Exhibit B
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Subconsultants Total Cost per Task
ITEM NO: 7
DATE: May 10, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 27-2021 – A RESOLUTION AMENDING THE
FISCAL YEAR 2021 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $24,000 FOR ELECTION SERVICES PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
______________________________ ______________________________ City Clerk City Manager ISSUE: Shortly after the 2019 ballot referendum (Upham St. Zoning Change) process, Mr. Goff
recommended that the City Clerk’s Office engage the services of a consultant to evaluate,
improve and document procedures for both referendum petitions and coordinated elections. Funds are not currently appropriated for this purpose in the 2021 budget. PRIOR ACTION:
None. FINANCIAL IMPACT: The total amount estimated is $24,000. Funds were budgeted in 2020 but were diverted to pay the costs associated with accepting and verifying signatures of a referendum petition to reverse
the zoning change on the Hardi property near 38th Avenue and Kipling Street. BACKGROUND: Impetus for the recommended election work in the City Clerk’s office began during the summer and fall 2019 when residents circulated a referendum petition to reverse the zoning change
approved by Council on Upham St., to allow development of a new subdivision.
Council Action Form – Supplemental Appropriation for Election Services May 10, 2021
Page 2
Protests filed following the issuance of a Certificate of Sufficiency for that petition revealed the need to standardize and document procedures not only for referendum petitions but also elections
for Mayor, City Clerk, City Treasurer and City Council.
The City has received three quotes from Colorado elections consultants. Concilium Colorado, operated by Pam Anderson, former Wheat Ridge City Clerk and former Jefferson County Clerk and Recorder, has been selected to complete this work. Concilium Colorado is the recommended
consultant due to Ms. Anderson’s level of experience in Wheat Ridge and Jefferson County and
her proven experience with regard to a project such as this. RECOMMENDATIONS: City Clerk Kirkpatrick requests that Council approve a supplemental budget request to complete
this work in the amount of $24,000.
RECOMMENDED MOTION: “I move to approve a Resolution No. 27-2021, a resolution amending the fiscal year 2021 General Fund budget to reflect the approval of a supplemental budget appropriation in the
amount of $24,000 for election services.”
Or, “I move to postpone indefinitely Resolution No. 27-2021, a resolution amending the fiscal year
2021 General Fund budget to reflect the approval of a supplemental budget appropriation in the
amount of $24,000 for election services following reason(s): _________________________________.” PREPARED/REVIEWED BY:
Steve Kirkpatrick, City Clerk
Robin Eaton, Deputy City Clerk Allison Scheck, Administrative Services Director Patrick Goff, City Manager
ATTACHMENT:
1. Concilium Colorado, LLC, proposal dated April 2, 2021.
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 27 Series of 2021
TITLE: A RESOLUTION AMENDING THE 2021 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $24,000 FOR ELECTION SERVICES
WHEREAS, the City Clerk’s Office is charged by Charter and Code with the oversight and conduct of elections; and WHEREAS, staff have recommended that the Office of the City Clerk evaluate,
renew and document election practices and procedures for the purpose of conducting
free, transparent and fair elections; and WHEREAS, the City Council wishes to approve a supplemental budget request for these funds into the 2021 Fiscal Year General Fund budget.
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows:
Section 1. A transfer of $24,000 is hereby approved from the General Fund undesignated reserves to account 01-108-700-750. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 10th day of May 2021. ________________________________ Bud Starker, Mayor
ATTEST: Steve Kirkpatrick, City Clerk
ATTACHMENT 1
1
CONSILIUM COLORADO, LLC PROPOSAL
To: Steve Kirkpatrick, City Clerk, City of Wheat Ridge
From: Pam Anderson, President, Consilium Colorado Date: April 2, 2021
OVERVIEW
The Objective
Support the City of Wheat Ridge and the city clerk’s office for city clerk general consulting and clerk’s office policy and procedure projects.
•Advise and support the Wheat Ridge City Clerk on policy and operational best practices.
•Provide the office with project deliverables for municipal elections.
Scope and Term
The proposal is for the period of April 1, 2021, 2020 through December 31, 2021. The scope is limited to a general election consultation hours and work produce deliverables as specified in the scope detail. Services will be provided solely by the principal, Pam Anderson, unless the client seeks approved subcontracted resources in an updated contract.
Execution Strategy
My execution strategy incorporates experienced methodologies and best practices and a responsive
approach to managing deliverables.
1.Evaluation and review of assigned clerk’s office and current practices and procedure. All
opportunities for electronic remote evaluation will be utilized. Evaluations will be assigned by the
city clerk directly.
2.In person or video conference meetings with city clerk and designated personnel. Consultant can
provide Microsoft Teams access for meetings, if necessary.
3.On-call email and phone consultation.
4.Invoice billing and detailed expense reports will be submitted monthly.
SCOPE DETAIL
Services Estimated Hours
General Consultation Services 40 hours
ATTACHMENT 2
2
Municipal Candidate Ballot Access Policy and Procedure 30 hours
• Candidate Packet & Petition Process
• Campaign finance policy and procedure
Petition Circulator Handbook 40 hours
Coordinated Election Plan 30 hours
Special Election Plan 60 hours
Estimated Total Hours: 200 hours
PRICING
Services Cost Price
Election Consultant Services $115.00/hour
(Estimated billable hours for contract term not to exceed 200 hours)
Sub-total Consultant Services Costs (not to exceed) $23,000.00
Expense Reimbursement
Pre-approved expense reimbursement for supplies 500.00
Estimated Total: $23,500.00
Disclaimer: The prices listed in the preceding table are an estimate for the services discussed. This summary is not a
warranty of final price. Estimates are subject to change if project specifications are changed or costs for outsourced
services change before a contract is executed.
I look forward to working with the City of Wheat Ridge and supporting your efforts. I am confident that I can
assist you in your goals and stand ready to partner with you in delivering effective services.
If you have questions on this proposal, feel free to contact me at your convenience by email at Consilium
Colorado@gmail.com or by phone at 303.956.2934.
Thank you for your consideration,
Pam Anderson
President, Consilium Colorado, LLC