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HomeMy WebLinkAbout04/14/2008 6:30 p.m. Pre-Meeting ~!~!~rD;\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING ADril14.2008 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF March 3 and March 24. 2008 PROCLAMATIONS AND CEREMONIES Proclamation for Declaration for National Crime Victims Week Proclamation for Declaration for LiveWell Wheat Ridge Proclamation for Month of the Military Child Award Presentation by David Holland for 6-Slh Grade Essay Awards (10) CITIZENS' RIGHT TO SPEAK 1. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA CITY COUNCIL AGENDA: April 14, 2008 Page -2- Item 1. CONSENT AGENDA A. Approval of Award SOQ-08-12 Annual Surveying/GIS On-Call Services to various firms. B. Approval of Award of RFP-08-11 On-Line Map Location Project to Sixtus Publishing, Colorado Springs, in the not-to-exceed amount of $50,000. C. Approval of City Contributions to Outside Agencies for Fiscal Year 2008 in the amount of $1 0,000. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING, Item 2. COUNCIL BILL 02-2008 - ORDINANCE 1408 - AN ORDINANCE AMENDING WHEAT RIDGE CODE OF LAWS SECTION 26-711, CONCERNING BILLBOARDS IN THE B-W BILLBOARD DISTRICT AND REPEALING SECTION 26-711.B. (Public Hearing continued from 2/25/2008 with new public notice published for the continuation of the public hearing on 4/14/2008). ORDINANCES ON FIRST READING COUNCIL BILL 08-2008 - AN ORDINANCE AMENDING CHAPTER 17 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING ALCOHOLIC BEVERAGES IN PARKS AND RECREATION AREAS. DECISIONS. RESOLUTIONS. AND MOTIONS Item 3. Item 4. item 5. RESOLUTION 18-200~ - A RESOLUTION AMENDING THE FISCAL YEAR 2008 CAPITAL INVESTMENT FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $325,000 FOR THE PURPOSES OF APPROVING AN AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT FOR DESIGN, RIGHT-OF-WAY ACQUISITION AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR THE ARVADA CHANNEL AND THE RIDGE ROAD TRIBUTARY GLASS BOTTLE AMENDMENT. RESOLUTION 19-2008 - A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WHEAT RIDGE AND THE JEFFERSON COUNTY E-911 AUTHORITY BOARD CONCERNING THE JEFFERSON COUNTY COMBINED INCIDENT DISPATCH TEAM. CITY COUNCIL AGENDA: April 14, 2008 Page -3- Item 6. RESOLUTION 20-2008 - A RESOLUTION AMENDING THE FISCAL YEAR 2008 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN AN AMOUNT NOT TO EXCEED $15,000 FOR THE PURPOSE OF SOLICITING A PROFESSIONAL SERVICES CONTRACT TO DEVELOP A BILLBOARD IMPACT FEE STUDY. Item 7. Appointment To Planning Commission. . CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT SPECIAL CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO March 3. 2008 The meeting has been requested by Mayor DiTullio pursuant to Charter Section 5.7 (a) for the purpose of convening to an executive session under Charter Section 5.7(b)(1) and CRS 24-60502(4)(b) for consultation with the City Attorney concerning potential litigation: Ceridian. Discussion and potential action regarding potential litigation: Ceridian. Mayor DiTullio called the Special City Council Meeting to order at 8:37p.m. Council Members present: Karen Adams, Tracy Langworthy, Karen Berry, Mike Stites, Wanda Sang, Lena Rotola and Terry Womble. Also present: City Clerk, Michael Snow; City Treasurer, Larry Schulz; City Manager, Randy Young; Deputy City Manager, Patrick Goff; Police Chief, Dan Brennan; Police Commander, Joe Cassa; and Public Information Officer, Heather Geyer. Council Member Dean Gokey was absent due to illness. EXECUTIVE SESSION Potential Ceridian Litigation Motion by Mr. Stites to adjourn to Executive Session for consultation with the City Attorney concerning potential litigation: Ceridian; seconded by Mrs. Rotola; carried 7-0. Council adjourned to Executive Session at 8:40pm. EXECUTIVE SESSION WAS HELD, SPECIAL COUNCIL MEETING Mayor DiTullio reconvened the special meeting at 9:16pm. Item 1. Ceridian Motion by Mrs. Adams to approve Resolution 10-2008 - A resolution amending the Fiscal Year 2008 General Fund Budget to Reflect the approval of a supplemental budget appropriation for legal expenses to file and litigate claims against Ceridian, the former third party administrator for the Police Pension Plan, in the amount of $50,000; seconded by Mrs. Langworthy; failed 2-5 with Council Members Langworthy and Adams voting Yes. Meeting adjourned at 9:19p.m. ~ Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON MARCH 24, 2008 BY A VOTE OF to . - - Mike Stites, 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 in the City Clerk's Office, as well as copies of Ordinances and Resolutions. mw~~ CITY OF WHEAT RIDGE, COLORADO March 24. 2008 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Council Members present: Karen Adarns, Karen Berry, Dean Gokey, Tracy Langworthy, Lena Rotola, Wanda Sang, Mike Stites, and Terry Womble. Also present: City Clerk, Michael Snow; City Manager, Randy Young; City Attorney, Gerald Dahl; Director of Community Development, Kenneth Johnstone; Police Chief, Dan Brennan; Director of Public Works, Tim Paranto; staff; and interested citizens. APPROVAL OF MINUTES OF FebruaN 25. 2008 Motion by Mrs. Sang for approval of the Minutes of February 25, 2008; seconded by Mr. Stites; carried 8-0. PROCLAMATIONS AND CEREMONIES Commendation for the Police Department - City Clerk Michael Snow read a letter of commendation to the Police Department written by Mayor Jerry DiTullio. Mrs. Wheat Ridge, Karen Thaler, presented Chief Brennan the letter, who spoke of his department's quality service. CITIZENS' RIGHT TO SPEAK Nancy Snow spoke on the rnatter of Consent Agenda Item 1.1. Her comments were that the Consent Agenda hides items and limits residents' understanding of those items. This item in particular is for money to be spent in persuading voters to support several bond issues and a Charter change proposed for the November ballot. Mrs. Snow further asked Council to pull the item and have an open discussion on it separately. Mrs. Snow spoke also on the matter of the retail property at the Southwest corner of 38th & Wadsworth and expressed concern that there was no follow through on actions approved by previous Counciis. The property referred to was previously rezoned such that the Retail Car Lot was to move to South side of the property, leaving the corner available for the City to attract new development. Since the Car Lot owner never moved and is now selling the remainder of the property, Mrs. Snow's question to Council was whether the City has any kind of agreement still standing such that the corner of the property should be made vacant and available to the City, or can it just be rezoned again and the City never gets anything from it. CITY COUNCIL MINUTES: MARCH 24, 2008 Page - 2 Item 1. CONSENT AGENDA A. RESOLUTION 14-2008 - A RESOLUTION AMENDING THE FISCAL YEAR 2008 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION TO SPONSOR A TABLE FOR ELECTED OFFICIALS AT THE JEFFERSON CENTER FOR MENTAL HEALTH ANNIVERSARY GALA IN APRIL, 2008 FOR $1,200. B. RESOLUTION 16-2008 - A RESOLUTION AMENDING THE FISCAL YEAR 2008 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION TO PURCHASE TWO (2) TACTICAL VESTS FOR THE WHEAT RIDGE POLICE DEPARTMENT SWAT TEAM IN THE AMOUNT OF $5,850.00. C. RESOLUTIONS 11-~008 AND 12-2008 - RESOLUTIONS APPROVING CONTRACTS WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR DESIGN OVERSIGHT OF THE STATE HIGHWAY 58/CABELA DRIVE INTERCHANGE AND THE INTERSTATE 70/32ND AVENUE INTERCHANGE PROJECT. D. RESOLUTION 13-2008 - A RESOLUTION AMENDING THE FISCAL YEAR 2008 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE RECLASSIFICATION OF AN ADMINISTRATIVE ASSISTANT POSITION TO AN ADMINISTRATIVE ASSISTANT TO THE MAYOR AND CITY COUNCIL IN THE AMOUNT OF $2,894. E. Approval of an Easement Agreement By and Between Coors Brewing Company and the City of Wheat Ridge for the Purposes of Construction, Installation and Maintenance of an Underground Storm Water Pipeline at The Cabela Drive and State Highway 58 Interchange. F. Award RFB-08-08, 2008 Traffic Signal Equipment Replacement Project to Various Vendors at a Total Cost of $79,466.00. G. Award RFB-08-12, Purchase and Installation of Lighting, Equipment, and Hydraulic Systems for 2008 International Single Axle Cab & Chassis at a Total Cost of $43,585.01. H. Approve Renewal Option for RFP-07-20 Interim Connections Newsletter to Welch Creative Group in the Total Amount of $45,000. CITY COUNCIL MINUTES: MARCH 24, 2008 Page - 3 I. RESOLUTION 15-2008 - A RESOLUTION AMENDING THE FISCAL YEAR 2008 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR A PUBLIC INFRASTRUCTURE FUNDING INFORMATION PROGRAM IN THE AMOUNT OF $48,200. Consent Agenda was introduced and read by Mr. Stites. Motion by Mr. Stites for approval of Consent Agenda Items A, B, C, D, E, F, G, H and I; seconded by Mrs. Sang. Mr. Gokey asked to pull Item 1.1. from the Consent Agenda, which was approved by Mr. Stites. Motion by Mr. Stites, omitting Item 1.1. carried 8-0. Motion by Mr. Gokey to approve Item 1.1.; seconded by Mrs. Sang; carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 04-2008 - SECOND READING OF AN ORDINANCE FOR A CHANGE OF ZONING CONDITIONS ON PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT AND FOR APPROVAL OF AN AMENDED OUTLINE DEVELOPMENT PLAN AT 7495 W. 29TH AVENUE (CASE NO. WZ- 08-01/PHARO FOR M&E FINANCIAL - WADSWORTH EXCHANGE). Council Bill 04-2008 was introduced on second reading by Mrs. Sang, who read the Executive Summary. City Clerk Michael Snow assigned Ordinance No. . 1409. Mayor DiTullio advised the audience of the applicant's contact with the City staff and subsequent contact and conversations arranged between the applicant and up to 2 members of the City Council at a time before the application was filed with the City of Wheat Ridge. I\.Ar n!::tohl '!:),n\liQ,orl tho. {"'ru In,...i1 ~nrl ~llrlio.n,..o. "f +ho. 10."..,,1 in"....liJ"u...+i^...~ .....4= f"",...., ....,..i1 ,,,". _......"..................'" ........ _.....YII....II Ltll..., ~n.Aulvll\.....u VI "II""' Iv~t;.1I IIlltJll\JQLlVIIi.:t VI VVUllvl1 member contact with interested parties outside of a quasi judicial matter and advised Council Members to disclose to the audience any such contact. CITY COUNCIL MINUTES: MARCH 24, 2008 Page - 4 The following disclosures of contact with citizens or the applicant were given by Council Members: Mrs. Berry spoke with the applicant on the phone and with citizens who called her home, but shared with them only her process for hearing input, not of any substance in the case. Mr. Womble met with Mr. Miller about eight months ago, prior to the application and with Diane Robb, who called his home, but did not discuss any substance in the case. Mrs. Rotola spoke with Mr. Miller months ago, prior to the application. Mrs. Rotola also disclosed that she did discuss matters of the case with a member of the Planning Commission at the Mayor's Roundtable, which took place on March 8, 2008. Mr. Gokey met with Mr. Miller prior to the application. Mrs. Adams met with Mr. Miller prior to the application. Mrs. Langworthy spoke with Mr. Miller prior to the application being submitted and spoke with a citizen who was in opposition to the application after the application was submitted. Mrs. Langworthy indicated her discussions on the matter were in her efforts for fact-finding, since she was not on Council at the time of the prior application. Mr. Dahl recommended to Council to consider tonight both the rezoning application and the historical designation application together. Mrs. Adams asked a question of Mr. Dahl as to whether a Council Member who has proposed unrelated business qealings with the applicant is subject to a conflict of interest on this agenda item. Meredith Reckert presented the Staff report and submitted the Comprehensive Plan, Zoning Ordinance, Case File and Packet materials to be entered into public record. Ms. Reckert also submitted into record a certified letter sent to property owners in the area giving notice to the historical designation application and public hearing. Mr. Dahl reported on the court's findings in the lawsuit against the prior rezoning by the City Council, such that the City's designation stands. CITY COUNCIL MINUTES: MARCH 24, 2008 Page - 5 Mr. Johnstone distributed to Council the minutes of the recent Planning Commission Hearing at which the discussion of this case took place. Mr. Johnstone also provided Council an additional suggested Motion (option D) taking into account the Staffs recommendation to require an additional 29' setback on the Wadsworth frontage (included in this packet). Mayor DiTullio opened the Public Hearing. Mayor DiTullio administered the Oath to all speakers. Andrew Miller, applicant, spoke to Council in favor of his application. He indicated his efforts over the past year to market the property under the current zoning restrictions. Mr. Miller reported that potential interested parties indicated one of two things: many wanted a corner site on the property, which is not possible under the current zoning; and others indicated they were uncomfortable with a retail site in what was a former mortuary. Michael Scarafiotti, Wheat Ridge resident, spoke in favor of the applicant's request. Mr. Scarafiotti indicated his interest to relocate his business, 3 Sons Restaurant, to the site, given that Council approves this application. The following citizens were present and spoke on the matter of this ordinance and the application for historic designation: Jeff Wodell, Diane Robb, Chris Leatherwood, Robert Swanson, Sylvia Angell, John McMillin, Valerie Horan, Katie Snyder, Charlotte Whetsel, Don Edelen, Claudia Worth, David Cole and Barbara St. John. Their comments in favor of the ordinance included, but were not limited to: Michael Scarafiotti's restaurants are of high quality and should be welcomed in the City; Wheat Ridge is in dire need of new development; this is a good example of what Wheat Ridge can be; home owners who live next to empty property cannot reasonably expect that the property can never change; why is there only historic designation interest when there's a threat of it being demolished, which is an anti-development measure rather than one of historic preservation; a non- profit tenant of the home cannot be expected to perform the necessary repairs needed to the interior of the home. Their comments in opposition to the ordinance included, but were not limited to: Thic:: ic:: nnlQ. nf thQ \/Qnl foul hi~tnri,... I~nrlrn-=-rlr~ loft- in +h.o. I"'i+\I ~h"u.,i...,.. ...,h,.,+ i+ ..,...~ . ............ ............... ........ .......J ......... ................... ......'u'".......n...;lI.....I.. 111..11..... ......0.1 ~IIVVYlllbl VVIIClL n. VVCl>:) while at the same time showing what it could be; 3 Sons Restaurant can be there with the historic home without detriment to its success; bringing a good restaurant or retail store at the expense of a historic building is a mistake; every person that signed up is in opposition to the application, but one; Council Members should remember they are representatives of their constituents, not private interests such as the applicant; the applicant was asked to make a commitment to keeping the home in the last zoning application and is now going CITY COUNCIL MINUTES: MARCH 24, 2008 Page - 6 against the agreement of that Council decision; speaker Sylvia Angell is considering moving to the Multiple Sclerosis Adult Day Enrichment Center to the Olinger Home and finds it to be a very viable location and building; another Olinger Mortuary building in Denver is a historic building and is occupied by a trendy and very popular restaurant; one Olinger granddaughter spoke of her desire for the historic preservation of the home, the Olinger family did so much for the citizens of the area, supported the youth and military and gave away all that they had; the building is perfect for a library; there is a mortuary across the street, yet there is no objection to it being there or issue to potential retail value; it could be that it is the state of the economy that is the reason the home has not sold or been rented under the current zoning; tearing down the building is not a guarantee the development will be a success; the owner purchased the property knowing it was not a commercial property and is now going back on the Council's designation in their last application; the home can be used for commercial space, a library or the City could even use it for additional office space; Mr. Miller bought the property years ago and is now expecting the City to make it possible for him to turn a profit; the City made an agreement and should stand by that agreement; there are now at least two non-profits interested in the home; there was a church interested in the building and was told by the owners they didn't want a church there; Council needs to be focused on the best interest of all; development of popular neighborhoods in the area were successful because of its historic character; its size and location on the property is not a deterrent to its further development; the corner has a very attractive appeal along with City Hall and Crown Hill in the vicinity and should be taken advantage for its proximity. Katie Snyder submitted legal protest petition signatures. Mayor DiTullio called for a break at 8:55pm; to resume at 9:07pm. Mr. Dahl was asked by Mayor DiTullio to explain the rights of the applicant to re- apply for a subsequent zoning change. Mr. Dahl deemed the protest submitted by Mrs. Synder is sufficient and, therefore the zoning application may only be approved by a super-majority vote, constituted by at least 75%, or 6 (of 8) Council votes. Further, Mr. Dahl informed Council that amendments to the case still require only a simple majority, or 5 votes. ~.~r. Dahl was asked to explain the requirements in the City's code (26-906) for historic designation. Ms. Reckert confirmed the date of the construction of the current home to be 1914; the farm home that is no longer there was constructed in 1896. She also spoke to the current conditions inside the home and the absence of any of the original interior finishing. CITY COUNCIL MINUTES: MARCH 24, 2008 Page - 7 Mr. Miller was asked about maintenance costs to the property and indicated it cost his company approximately $8,000 monthly to maintain it currently. Mr. Miller was also asked about maintenance and repairs he has done in the past year in earnest of attracting a viable tenant and informed Council he invested considerable amount of money to bring the roof back to the condition it was in when he purchased the property. Wendell Ayers, Principal Civil Engineer for the applicant, answered questions from Council regarding the design of the detention pond along the east side of the property, and also explained why the property owner tore down the pergola after the previous zoning case. Claudia Worth spoke again, upon request from Council, on the historical significance of the home. Mrs. Worth also asked for the Historic Designation Application to be entered as public record (attached to this packet). Mr. Scarafiotti answered a Council question as to why he is interested in opening his restaurant at this location, indicating he is interested in the future development of the property which gives it new interest to potential shoppers and patrons and is deterred by the existence of the old home. Ms. Reckert answered questions as to how much square footage of retail is obtained in the proposed plan with the removal of the old home, indicating there would not be any significant addition of usable space. Mr. Miller indicated that many different types of retailers want only a corner site. Mr. Miller also indicated he would be willing to incorporate something that would honor the Olinger family heritage, upon Council's request, but would not be willing to forego demolition until all development plans are approved and new construction is assured. Mayor DiTullio closed the Public Hearing. Motion by Mrs. Sang to approve Council Bill 04-2008, Ordinance 1409, Case No. WZ-08-01, A Request for Approval of a Change in Zoning Conditions on Property Zoned Planned Commercial Development and for Approval of an Amended Outline Development Plan for Property Located at 7495 W. 29th Avenue for the following reasons: 1. The property was rezoned to Planned Commercial Development pursuant to Case No. WZ-05-10. 2. Retention of the existing structures on the property has proved to be prohibitory to development of the rest of the property. 3. No changes are proposed to the uses and development standards approved pursuant to the Case No. WZ-05-10. CITY COUNCIL MINUTES: MARCH 24, 2008 Page - 8 4. The criteria used to evaluate a change in zoning conditions support the request. 5. The proposed site design and architectural elevations are consistent with the Commercial/Industrial Design Standards in the Architectural and Site Design Manual. 6. With modifications recommended by Staff, all requirements of an Outline Development Plan have been met which will allow administrative approval of the Final Development Plans (FDPs) for the property. With the following conditions incorporated into the plan set prior to recording: 1. For consistency with the intent and requirement of expedited ODP/FDP process, the Site plan (Sheet 2) be expanded to illustrate existing adjacent development conditions. 2. A left hand turn lane be provided along the W. 29th Avenue frontage. The required right-of-way dedication will be assessed at the time of FDP and plat. 3. On all graphic sheets, modify the sidewalk along Wadsworth to be 10' in width and located behind the 20' ROW dedications. An additional 29-foot ROW reservation area shall be indentified on all ODP site plan documents to the east of the 20-foot ROW dedications. 4. A note shall be added to the ODP stating that, to the extent any future governmental action to acquire all or part of the 29-foot reservation area were to take the site out of compliance with City requirement for minimum landscaping or parking, the property shall be considered legally conforming in regards to those requirements, provide that the amount of parking reduction does not exceed 25 percent of the minimum parking requirement unless a greater reduction has been reviewed and approved by the Community Development Director. 5. When developing FDPs for the site, the applicant shall be allowed to install landscaping and parking in the reservation area, but shall make effort to reduce the amount of parking located within the 29-foot reservation area. 6. The architectural elevations and isometric perspectives be incorporated into the plan set and all sheets be renurnbered accordingly. 7. The proposed materials and colors be added to the architectural elevations. Seconded by Mrs. Adams and Mrs. Rata!a; carried 6-2 with Mrs. Langworthy and Mr. Womble voting No. Motion by Mrs. Sang to instruct staff to not bring forth a Historic Designation action item to Council; seconded by Mrs. Rotola; carried 7-1 with Mr. Womble voting No. Mayor called for a break at 10:20pm; to resume at 1 0:27pm. CITY COUNCIL MINUTES: MARCH 24, 2008 Page - 9 Item 3. COUNCIL BILL 05-2008 - SECOND READING OF AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO EXPAND USE OF THE ADMINISTRATIVE ENFORCEMENT PROCEDURES AND TO AUTHORIZE CERTAIN CITY EMPLOYEES TO ENFORCE THE SAME. Council Bill 05-2008 was introduced on second reading by Mrs. Langworthy who read the Executive Summary. City Clerk Michael Snow assigned Ordinance No. 1410. Mayor DiTullio opened the Public Hearing. Claudia Worth spoke to Council regarding citizens who are getting violations by means of people climbing on and peering over people's backyard fences. Mrs. Worth asked whether this Ordinance gives all city employees the ability to issue violations. In answering Mrs. Worth's questions, Mr. Johnstone pointed out that the existing code already gives code violation issuance powers to whomever the City deems the duty of code enforcement. Mr. Johnstone further explained that the ordinance makes it possible for the administrative hearing process to be applied to more sections of the code than the Adrninistrative Model Process does today. Mayor DiTullio closed the Public Hearing. Motion by Mrs. Langworthy to approve Council Bill No. 05-2008, Ordinance 1410, on second reading and that it take effect 15 days after final publication; seconded by Mr. Womble; carried 8-0. Item 4. COUNCIL BILL 06-2008 - SECOND READING OF AN ORDINANCE AMENDING SECTION 26-803 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO FLOODPLAIN CONTROL. Council Bill 06-2008 was introduced on second reading by Ms. Berry who read the Executive Summary. City Clerk Michael Snow assigned Ordinance No. 1411. M;:lrk WAi~hArn nrnvirlArl thA St;:lff SlImm;:ln/ ------- -------";:;1"---'---- -..- ---.. --......-.J. Mayor DiTullio opened the Public Hearing. No citizens were present to speak on this Item. Mr. Johnstone informed Council that the Planning Commission did hear the item at their last public hearing. CITY COUNCIL MINUTES: MARCH 24, 2008 Page - 10 Mayor DiTullio closed the Public Hearing. Motion by Ms. Berry to approve Council Bill No. 06-2008, Ordinance 1411, on second reading and that it take effect 15 days after final publication; seconded by Mrs. Adams; carried 8-0. DECISIONS. RESOLUTIONS. AND MOTIONS Item 5. RESOLUTION 17-2008 - A RESOLUTION APPROVING A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $150,000 FROM THE FISCAL YEAR 2008 GENERAL FUND UNDESIGNATED RESERVES FOR THE PURPOSES OF PURCHASING THE PROPERTY LOCATED AT 3388 SWADLEY STREET IN THE AMOUNT NOT-TO-EXCEED $300,000. Resolution 17-2008 was introduced by Mrs. Adams, who read the Executive Summary. Motion by Mrs. Adams to approve Resolution 17-2008 - A Resolution Approving a Supplemental Budget Appropriation in the amount of $150,000 from the Fiscal Year 2008 General Fund Undesignated Reserves for the Purposes of Purchasing the Property Located at 3388 Swadley Street in the amount Not-To-Exceed $300,000. She further moved to approve the IGA with the Urban Drainage and Flood Control District. Seconded by Mr. Stites; carried 8-0. Item 6. Award ITB-08-13-2008 Overlay/Concrete Rehab Project to Brannan Sand and Gravel in the Amount of $1 ,206,031.78. ITB-08-13 was introduced by Mrs. Langworthy, who read the Executive Summary. Motion by Mrs. Langworthy to award ITB-08-13, 2008 Overlay/Concrete Rehab Project to Brannan Sand and Gravel, Denver, Colorado in the amount of $1,206,031.78 which includes bid alternates 1, 2, 3 and 4. She further moved that a contingency amount of $120,603.18 be established. She further moved that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $1 ,326,634.96. CITY COUNCIL MINUTES: MARCH 24, 2008 Page - 11 She further moved that all costs associated with this contract be paid from account number 30-303-800-884, and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series. Seconded by Mrs. Rotola; carried 8-0. ELECTED OFFICIALS' MATTERS Mr. Stites reminded citizens to "find it and buy it in Wheat Ridge". Mrs. Langworthy invited citizens to attend the Grand Reopening of the Village Inn on Kipling from 5-9 pm March 25, 2008 in support of the Joe Pit Coffee Shop at Wheat Ridge High School. Mr. Womble expressed his excitement, following the discussions at the last Study Session, for the art and entertainment programs coming soon to Wheat Ridge. Meeting adjourned at 10:51p.m. ~ Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON APRIL 14, 2008 BY A VOTE OF _ to_ Mike Stites, 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 in the City Clerk's Office, as well as copies of Ordinances and Resolutions. I ~irW.~i~ II II II I iill ill ,1111, ~ ill ,i Ill~, Mjl,!lil.l~i I~ ti~I~JliI ,k II u~ I~ Illll,llllli,II!,I~,~~ ill ~Ili II ,IIIliI, Illlj!IIIIIU,l'l i J il,~iiJ i:l~! ifu..~ ~~il~ .J,lu,II,IIi~1 i Ih~;li: il~ ,lllllJI i LI; ui 1,1 ~ I, j 1.1; ~,~. u",~ ; ,11,ll" I, I'I.~I !' PROCLAMATION NATIONAL CRIME VICll.MS' RIGHTS WEEK APRIL 13 - 19, 2008 1:1 WHEREAS, 23 million Americans are victims of crime each year, and of those, 5.2 million are victims of violent crime; and WHEREAS, a just society acknowledges crime's impact on individuals, families, and comrnunities by ensuring that rights, resources, and services are available to help rebuild lives; WHEREAS, victims' rights are a critical component of the promise of "justice for all," the foundation for our system of justice in America; WHEREAS, although our nation has steadily expanded rights, protections, and services for victims of crime, too many victims are still not able to realize the hope and prornise of these gains; WHEREAS, we rnust do better to ensure services are available for underserved segments of our population, including crime victims with disabilities, victims with mental illness, victims who are teenagers, victims who are elderly, victims in rural areas, and victims in communities of color; and WHEREAS, observing victims' rights and treating victims with dignity and respect serves the public interest by engaging victims in the justice system, inspiring respect for public authorities, and promoting confidence in public safety; and WHEREAS, America recognizes that we made our homes, neighborhoods, and communities safer and stronger by serving victims of crime and ensuring justice for all; and WHEREAS, Our nation must strive to protect, expand, and observe crime victims' rights so that there truly is justice for victims and justice for al/; and WHEREAS, National Crime Victims' Rights Week - April 13-19, 2008 - prOVides an opportunity for us to strive to reach the goal of justice for all by ensuring that all victims are afforded their legal rights and provided with assistance as they face the financial, physical, and psychological impact of crime; and NOW, THEREFORE BE IT RESOLVED, that the City of Wheat Ridge proclaims the week of April 13 to 19, 2008, to be Crime Victims' Rights Week, and reaffirms the city's commitment to respect and enforce victims' rights and address their needs during National Crime Victims' Rights Week and throughout the year; and express our appreciation for those victims and crime survivors who have turned personal tragedy into a rnotivating force to improve our response to victims of crime and build a more just community. IN WITNESS THEREOF on this ~ Michael Snow, City Clerk PROCLAMATION Ll\I'E.WELL WHEAT Rm6E WEEK ApRIL 14 -20, 200a WHEREAS, public health officials have declared obesity to be an epidemic, and over one-half of Coloradan adults are either obese or overweight and approximately one-third of Colorado children (ages 2 to 14) are overweight or at risk for being overweight; and WHEREAS, obesity plays a role in the leading causes of preventable death and disability, including cardiovascular disease, diabetes, cancer, asthma, hypertension, osteoarthritis, and reduces life expectancy and increases health care costs; and WHEREAS, the underlying contributors to obesity are limited to a number of health-damaging behaviors practiced by people on a daily basis, including unhealthy eating habits and physical inactivity; and the responsibility of healthy behavior is not solely relegated to individuals, but requires the support of healthy environments achieved through a broad-based approach to address the preventable causes of chronic disease; and WHEREAS, communities across the country engage in active living policies and programs and that have a direct impact on the quality of life, economic development and sustainability in communities; and WHEREAS, Kaiser Permanente, The Colorado Health Foundation and the Colorado Department of Public Health and Environment through its LiveWell Colorado Initiative believe that supporting communities implementing evidenced-based healthy eating and active living (HEAL) activities show the most promise in curbing the obesity epidemic, and has funded such a project in Wheat Ridge; and WHEREAS, the LiveWell Wheat Ridge initiative supports programs, policies and practices that facilitate HEAL by its citizens and families, schools, faith communities, businesses, civic organizations, and associations; and WHEREAS, the goals of the Thriving Wheat Ridge initiative include: improving health and wellness through community-wide campaigns; reviewing master and comprehensive plans for health promoting language and concepts, supporting school-based health and physical education and walk and bike to schools or worksites; supporting sidewalk projects, pedestrian-safety provisions and bicycle facilities; supporting community gardens; developing "point of decision" prompts, improving access to places and occasions for physical activity and healthy food choices, and providing information and out-reach activities. NOW, THEREFORE BE IT RESOVED THAT, the City of Wheat Ridge does hereby proclaim the week of April 14, 2008 as LiveWell WHEAT RIDGE WEEK and urges all citizens to recognize the importance of eating better and moving more and to eat better and move more every day so that the City of Wheat Ridge can be the healthiest city possible. ~~ /~~./1 q~'/~ /er6^>iTullio, Mayor Michael Snow, City Clerk PROCLAMATION MONTH OF THE MILITARY CHILD APRIL, 2008 WHEREAS, the City of Wheat Ridge, Colorado has long understood the value of caring for and celebrating children of service members; and WHEREAS, April has been designated the Month of the Military Child since 1986 by then Secretary of Defense Casper Weinberger thereby underscoring the important role military children play within the armed forces community; and WHEREAS, the Month <;>f the Military Child is a time to applaud military families and their children for the daily sacrifices they make and the Challenges they overcome; and WHEREAS, military children face many obstacles unique to their situation, such as having a parent deployed for extended periods of time and frequently being uprooted from school as well as living with uncertainty and concern for their parents on a daily basis; and WHEREAS, the Month of the Military Child stresses the importance of providing children with quality services and support to help them succeed in the mobile military lifestyle. NOW THEREFORE, by virtue of the authority granted to me as Mayor of the City of Wheat Ridge Colorado, I, Jerry DiTullio, do hereby declare April is the Month of the Military Child in the City of Wheat Ridge, Colorado. IN WITNESS THEREOF on this _day of ,2008 jerry DiTullio, Mayor Michael Snow, City Clerk ,""1.<( ~_~ City of . ?WheatRL-dge ITEM NO: L 1\ REQUEST FOR CITY COUNCIL ACTION ~~.~",,,,, ""'~""'" ..'.'.".. ;\~,\R;;:~6 ...,.... > I~ W I ~ ,/ COUNCIL MEETING DATE: April 14, 2008 TITLE: APPROVAL OF A WARD SOQ-08-02 ANNUAL SURVEYING/GIS ON-CALL SERVICES TO VARIOUS FIRMS D PUBLIC HEARING [g] BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1 ST READING (Date: D ORDINANCES FOR 2ND READING ) Quasi-judicial: D YES -z:~ /!~. ~ [g] NO Director of Public Works Ci~~('~ EXECUTIVE SUMMARY: The Annual Surveying/GIS On-Call Services Contract will enable the City to utilize selected consulting firms rendering various types of surveying and GIS services. These services include, but are not limited to, base mapping, right-of-way and construction survey of capital improvement projects, GIS projects and document preparation for property acquisition and annexations. These ___-"'__",:___1 "'__..:,..,_'" __~ :_...~_...I~...I ...~ 1-~ u...:l:............I _-:...........-:1.... 1-.... ........e D~~t..l:.... l.11"...1...-<"I T'\""_................"",...+ ............:1 +.....,. 'pIU.LC:S~HUl1W :SCI VI"'C:S (UC 111lCllUCU LV UV ULll1L.vU pl11HaLll] U] UJ. J. uuu,-, n VJ.J.'\..~ LI'-'paJ.U.l.l\wJ.u UJ..lU U.l\w Information Technology Division, but are available to all departments. The magnitude of service may range from a large complete property surveyor GIS project to a specific task order. On January 14,2008, fourteen (14) statements of qualifications were received. Submittals were evaluated and scored. The evaluation committee short-listed four (4) firms to interview. Hourly rates have been negotiated for projects with costs less than $25,000. Services will be utilized on an as- needed basis. Annual agreements shall be effective through Apri130, 2009, with three one-year renewal options. Renewals shall be automatic if performance has been acceptable and the scope of work and pricing for a firm does not change. Staff recommends award ofterm contracts to Farnsworth Group, Stantec Inc., and Flatirons, Inc. based on qualifications, experience, performance and pricing. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Statement of Qualifications for SOQ-08-02 Annual Surveying/GIS On-Call Service, were received on January 14,2008. Submittals were received from fourteen (14) firms. The evaluation committee selected four firms for further processing based on project team qualifications, firm capabilities, experience on similar projects, approach, and equipment list. The committee interviewed all four firms and selected three (3) firms to service the City's workload in the coming year. Hourly rates were then negotiated. Staff recommends executing contracts with the following firms: Farnsworth Group, Stantec, and Flatirons, Inc. ALTERNATIVES CONSIDERED: No award and the Annual Surveying On-Call Service agreements will not be executed. FINANCIAL IMPACT: Projects and task orders are issued on an as-needed basis and funded by specific project sources. RECOMMENDED MOTION: "I move to award SOQ-08-02 Annua) Surveying/GIS On-Call Service to Farnsworth Group, Stantec Inc., and Flatirons Inc. for Projects Under $25,000 for One- Year with the Option of Three, One-Year Renewals." Or, I move to deny award of SOQ-08-02 Annual Surveying On-Call Service for the following reason(s): " Report Initiated by: Steve Nguyen, Engineering Manager Report Prepared by: Tim Paranto, Director of Public Works Reviewed by: Linda Trimble, Purchasing Agent ATTACHMENTS: 1. Bid Tabulation Sheet CITY OF WHEAT RIDGE BID TABULATION BIDIPROPOSAL NO. 80Q-08-02 BID DUE DATEifIME 01/14/08 by 4:00 pm REQUESTING DEPT.lDIVISION ENGINEERING PROJECT: ON-CALL. SURVEYING I GIS VENDOR LOCATION ]JE$CRIPTJ0Nr+GOODS",SERMlCES':',:'Y.::'::":' ." SIGNATURE PAGE QUALIFICATIONS I EXPERIENCE FIRM CAPABILITIES APPROACH INSURANCE STATEMENT IllEGAL ALIEN J:\SOQ-08-02 Bid Tab Sheet.doc . . . ~hal'\/WI11 ~rou 'e, ~ f- e-' fu' . AAC. _ . rqe.ss ~I~ "'~'~~~'<1':'T::':'~~~':::":' Yes Ye5 Ye5 Yes Yes Yf!;5 Yes Yes yes Yes Y.es yes Yt.s Vf}; Yes; /es Yes Yts Fttl'nS'uJDV-tt, GrtJUf I.)~Vm 1:\\i1i;;,[\-; "'. Yes Yes Yeg Yes Yes Yes A:LLACJiMENI1 " OPENED BY L Linda Trimble, Purchasing Age~ WITNESSED BY cZU. - Ann Woosley, Purchasing Assistant PAGE-L-OF 3 RaJ-'-re;n.5 :r:v.e--. BDul.d.,M. : "','C;;-' Yes Yes Yt.5 Yes Yes "Ie? ;;Jf2.: . WJi rreen(!:) ~,~~~ yes Yes 'I.e.s Yes Yes Yes Cli'f Of \f>I\-\EJl..i RIDGE aID i Jl..aULJl..l'ION PROJE.C1': ON_CALL SlIR\lE'{ING I GIS V(NbbR ~l-\~ ~~\J\qE;i'C' S~ QU/'.UFIC/'.-\\ONS f SXpE.RI'CNC'C FIRNi c/'.p/'.eIU,ISS /'.PPRO/'.CI-I :.:.--- \\\\SUMNCE. SI/'.,E.NiSNl ILLE.G/'.L ,l>..UE.N J<,\soa-oe..oz e\d Tab sneet.doc 6IbIPROf'O$ALNO. 500-08-02 ~E 0111410$ ~ ~~i'1"!';;~\S\ON ENGINEERING b\'t",,,o\l~ LInda lrirnp1e, p\llc\lasin9 Mer, 'Nrn'l\oSS~D'W (,,- N1nw~9P.SSistant PAGE;b-Of~ \530 ffitlvS es ~.e-S "fg ~. yes ~6 ~, 'eS g,.~ yes es yes '-I e~ . I '1g{:. \"It~ i.ef;? es ~.e5 ~tj 'f~s tb ,,-/-ts NO '-jes "/-e7 , PROJECT: ON-CALL SURVEYING I GIS VENDOR . LOCATION OeS:eRII1TION."WJO:0,Q,S'I,SeRo/IGeS::, ";;.' SIGNATURE PAGE QUALIFICATIONS / EXPERIENCE FIRM CAPABILITIES APPROACH INSURANCE STATEMENT IllEGAL ALIEN J:\SOQ-08-Q2 Bid Tab Sheet.doG W1!7lM~ C~ CD SOnt1615 i;' n:;';!!iii;:.r!i\.,1 :;:"~"::"U::' 'Ies Ytj Yes 'ies yes Yes CITY OF WHEAT RIDGE BID TABULATION BIDfPROPOSAL NO. 80Q-08-02 BID DUE DATEfTlME 01/14/08 by 4:00 pm REQUESTING DEPT.lD1VISION ENGINEERING OPENED BY .J Linda Trimble, Purchasing Agent","- WITNESSED BY t:l"U,)'-- Ann Woosley, Purchasing Assistant PAGE ~ OF :s IV ~~.l ,\J cm%-;:PIzIAAB IJtd'Yv VL ..,.,;!' 'iTf t!:: ~:' jg!!!! ~ !j; i! !!:;:!!!!i!!:'.':' , ,,'" ,:;"~-'. .." . \f-es y~c; '-/:es 'Yes Yet. \f-t<7 ~.l.. ~ ~ City of ?WheatRL-dge ITEM NO: I.B I REQUEST FOR CITY COUNCIL ACTION . ~~ ~.. . .~",~' nrU~ ~ ~~ ~ ~,~ COUNCIL MEETING DATE: April 14, 2008 TITLE: APPROVAL OF AWARD RFP-08-11 ON-LINE MAP LOCATION PROJECT TO SIXTUS PUBLISHING, COLORADO SPRINGS IN THE NOT-TO-EXCEED AMOUNT OF $50,000 o PUBLIC HEARING [8J BIDSIMOTIONS o RESOLUTIONS o ORDINANCES FOR I ST READING (mmlddlyyyy) o ORDINANCES FOR 2ND READING (mmlddlyyyy) Quasi-judicial: IfF YES I < r I 0. ) /"'-__________ jL;c~unirevelv;;'.~ ~ NO ci~4 EXECUTIVE SUMMARY: A paper based and on-line business directory map project was developed to aid the business community and the community at-large to benefit from an increase in marketing of City recreationai facilities, business corridors, and local businesses in general. This two part project will provide a paper based map of the City of Wheat Ridge, which highlights business corridors, City facilities, and recreational opportunities throughout the City. This project will also offer an on-line business directory to businesses in Wheat Ridge to help promote the local business community. All Wheat Ridge businesses will have the opportunity to place advertisements along with this map through an on-line business directory. On March 18, 2008 four (4) proposals were received in response to the City's RFP. Those proposals were evaluated and ranked by a staff committee. The number one ranked fIrm was Sixtus Publishing, Colorado Springs, Colorado in the amount of $50,000. The evaluation criteria was based on qualifIcations, experience, approach, performance and pricing. References were checked. Staff recommends award to Sixtus Publishing in the not-to-exceed amount of $50,000. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: This project has two main goals. First, with respect to the paper map part of the project, the City will mail out to all residential addresses in the City a copy of the City map. This two sided map will feature business corridors on one side of the map and parks, trails and recreation destinations on the other. This map will be free from advertisement, therefore preventing the potential disenfranchisement of businesses that could not place advertisement due to either lack of funds or space. These maps will also contain City information, such as schedules of events, important phone numbers, etc. This map will help to put more focus on what great business corridors and recreational places Wheat Ridge has. This map can also be used to help promote Wheat Ridge to people living outside of Wheat Ridge and in the region, or tourists traveling to Denver, such as for the Democratic National Convention (DNC) in August, 2008. The design and content of the map is being coordinated with Heather Geyer, the City's Public Information OffIcer. The second goal of the project is meant to create a new online business directory for all businesses in Wheat Ridge. Businesses will be presented to web browsers by business categories and company name. From those categories these browsers will be able to fmd all the Wheat Ridge businesses within a given category. All businesses will have an opportunity to place a brief advertisement associated with their contact information. These ads can range from anything like a menu for a restaurant or a short video for a sporting goods store. This projectis meant to give equal marketability to all Wheat Ridge businesses. This directory will also give <,!ccurate locations of all Wheat Ridge businesses with turn by turn directions. The online business directory is also being used as an incentive to help the Economic Development Division create a GIS business inventory for all businesses in Wheat Ridge. With this inventory the City will be able to analyze market conditions and better target redevelopment activities in the City. Each business will be given the opportunity to place their business on the business directory once they have fIlled out an online survey that allows the City to collect information such as number of employees, square footage of building, type of business, etc. This information, combined with information from the Sales Tax Division and the current GIS database, will create a dynamic tool that will help to reposition Wheat Ridge as a community "open for business". ALTERNATIVES CONSIDERED: Not to award a contract. FINANCIAL IMPACT: Funding for the paper based portion of this project has been approved in the Professional Services line item in the 2008 Administrative Services budget. Funding for the on-line business directory portion of this project has been approved in the GIS Business Inventory Line item of the 2008 Capital Investment Program budget. RECOMMENDED MOTION: "I move to award RFP-08-ll On-line Map Locator Project to Sixtus Publishing, Colorado Springs, in the Not-to-Exceed Amount of $50,000. Or, "I move to deny the award ofRFP-08-ll On-line Map Locater Project for the following reason( s) " Prepared by: Ryan Stachelski Reviewed by: Kenneth Johnstone ATTACHMENTS: I. Bid Tabulation Sheet 2. Original RFP document CITY OF WHEAT RIDGE BID TABULATION PROJECT: ON-LINE MAP LOCATION BIDJPROPOSAL MO. RFP-08-11 810 DUE DATE/TIME 03/18108 by 4:00 pm REQUESTING DEPT.IDIVISION EGON DEV OPENED BY Linda Trimble, Purchasing Agent WITNESSED BY a.v.:::r'./ Ann Woosley, Purchasing Assistant PAGE.....1-- OF LOCATION ~D.ESCRIf'TION -GOODS rSEf<VICES' L-C.,YV\~ 9p"l,~ SI)(;f]J.JJ <2 P?S(W'- 0~P/rics Pi/lh( ~hl:W) 2r~ZW~~ '<P(\, . .COID3pYl v1<:1? . ";;. ..',';. ... "--/-e.,5 NoYes - NO No Ye~ \jgs YP,5 Yf?5 "/.fS Yes 'Ie:::> Y-es YeeS '1-t5 '1e6 N:; No 3ee..\0Id SetI?>lt1 2Jt.eJ3/d ~.fS ND \j.es VENDOR SIGNATURE PAGE ACCEPTS VISA QUALIFICATIONS EXPERIENCE APPROACH ILLEGAL ALIEN FORM FEE SCHEDULE ACKNOWLEDGE ADDENDUM 1 J:\RFP-08-11 Bid TabSheet.doc A_I--' ACH_M E NT___1__.- CITY OF WHEAT RIDGE REQUEST FOR PROPOSALS RFP-08-11 PROPOSAL DUE DATE: TUESDAY, MARCH 18, 2008 BY 4:00 PM OUR CLOCK ON-LINE MAP LOCATION PROJECT SEALED PROPOSALS MUST BE MAILED OR DELIVERED TO: City of Wheat Ridge Municipal Building Attention: Linda Trimble, CPPO, CPPB 7500 W 29th Avenue, Purchasing & Contracting Division Wheat Ridge, CO 80033 303-235-2811 IMPORTANT: PLEASE READ ENTIRE DOCUMENT Per the attached specifications, terms and conditions. FEIN/SSN (Required) Federall.D. Number COMPANY ADDRESS CITY/STATE/ZIP PHONE AUTHORIZED SIGNATURE FAX This is required. Must be in ink. TYPED/PRINTED NAME TITLE EMAIL ACKNOWLEDGEMENT OF ANY & ALL ADDENDA. STATE NUMBER OF ADDENDA & INITIAL: Proposer is responsible fOf following up on all addendums DO YOU ACCEPT VISA FOR PAYMENT? IT IS THE PREFERRED METHOD. DO NOT CONTACT THE REQUESTING DEPARTMENT OR MEMBERS OF THE EVALUATION COMMITTEE. Signature acknowledges that Proposer: has read the bid documents thoroughly before submitting a proposal, will fulfill the obligations in accordance to the scope of work or specifications, terms, and conditions, and is submitting without collusion with any other individual or firm. Do not submit more than one proposal from your firm or both proposals will be disqualified. Submit proposal with authorized signature. POINT OF CONTACT: Linda Trimble, Purchasing Agent, Itrimble@ci.wheatridge.co.us or fax 303-234-5924. MUST SUBMIT THIS PAGE (SIGNATURE PAGE) WITH YOUR PROPOSAL 1 ATTACHMENT 2 CITY OF WHEAT RIDGE RFP-08-11 ON-LINE MAP LOCATION PROJECT Proiect Overview: The City of Wheat Ridge is seeking proposals to implement and host an on-line map location service to assist local businesses. It is a two part project that will involve marketing and advertising for the local business community and the quality of life aspects of the City as a whole. The first part of the project will be to create a high quality, user friendly paper map of the City's commercial, civic and recreational areas in the City. The second part of the project will be to create an online, mapped based, business directory of all to the City's approximate 1800 business license holders. The anticipated start date is April 2008. The City desires phase I to be completed by early August 2008 and phase II by December 31, 2008. The estimated budget is $50,000. Visit the city website for the detail scope of work www.ci.wheatridge.co.us Minimum Reouirement~: Must have or obtain a valid and current City Business/Use Tax license prior to doing business in the City of Wheat Ridge. This service requires compliance with the "Illegal Alien" Provisions of CRS8- 17.5-101. A qualified vendor will be able to demonstrate that they have experience in completing/executing a similar scope of services. ProDosals Due: TUESDAY, MARCH 18, 2008 BY 4:00 pm OUR CLOCK. No public bid opening. Submit to: Municipal Building, Purchasing & Contracting Division Attn: Linda Trimble, CPPO, CPPB 7500 W 29th Avenue Wheat Ridge, CO 80033 Submit sealed proposals: (1) marked original and (3) copies. Total of (4) complete sets. Late receipt of bids will not be considered regardless of postmark. No oral, phone, or fax responses will be accepted as a sealed proposal. Mark EnveloDes: RFP-08-11 ON-LINE MAP LOCATION PROJECT Comments: All proposals must be sealed and shall be validated. No proposals will be accepted after the due date and time. Proposals received after the due opening time will be filed unopened. The City of Wheat Ridge reserves the right to reject any and all qualifications or any part and to waive any formalities or informalities to make an award in the best interest of the City. RFP Documents: Available on the RMEPS (BIDNET) www.govbids.com or call 1-800-677-1997 x 214 or visit the city website www.ci.wheatridge.co.us Point of Contact: Linda Trimble, Purchasing Agent, Itrimble@ci.wheatridge.co.us or fax 303-234-5924 or phone 303-235-2811. Do not contact the requesting department or the evaluation committee. Linda Trimble, Purchasing Agent Publish Dates: Daily Journal 02/29/08 03/07/08 RMEPS 02/27/08 ATTEST: Michael Snow, City Clerk 2 RFP-08-11 PROPOSAL REQUIREMENTS/SELECTION CRITERIA ON-LINE MAP LOCATION PROJECT I. INTRODUCTION A. General The City of Wheat Ridge (COWR) Municipal Building is located on the west side of the Denver metropolitan area, 7500 W 29th Avenue, Wheat Ridge, CO 80033. It has a population of approximately 33,000 and consists of about nine square miles. The topography is somewhat unique, with a natural ridge traversing the city. The City Council is comprised of a mayor and eight members. The COWR has allocated $50,000 for this project. B. Background The City is very interested in reaching out and providing assistance to local businesses. The COWR Economic Development Division will assist in map advertising and on-line marketing. C. Objectives The purpose of this RFP is to contract with a qualified individual or firm to provide services to meet the scope of work both in the mapping and on-line marketing and advertising for local businesses. Both phases must be completed by December 31, 2008. The awarded firm shall be retained for hosting and maintenance of the website. II. SCOPE OF SERVICES The actual services to be performed will be determined by the City to include but not limited to the following areas: The City of Wheat Ridge will create a two part project that will aid in the marketing and advertising for the local business community. This project will also enhance the City's ability to geographically information its citizens of commercial, civic, and recreational opportunities within the City. The first part of this project will require a firm to produce the follow: . Create a high quality double sided map of the City of Wheat Ridge. One side will reflect the City's trails and green space. The other side will have a complete map of the entire City's street system, highlighting the various commercial corridors. . Maps shall be user-friendly . Maps shall be accurate to scale and not a "representation" . Maps shall be printed on a high quality, durable paper. Paper should be dense enough to prevent images from appearing on the reverse side of the map. . Maps need to be printed in 4 color process with bleeds on both sides. . Provide pricing for 25,000 units and additional units in 5,000 unit increments to 40,000. The second part of this project will require the firm to create the following: . Using an internet based mapping program, create a business directory for a provide list of approximately 1,800 businesses located in the City. List will be provided by the City. . Internet based business directory should overlay all businesses accurately over a map of the City. . Business directory shall be interactive and searchable by category so that citizens can find all Wheat Ridge businesses in a given category, i.e. restaurants. Within those given categories citizens should be able to interact with specific given business.. This link should also allow for businesses who proved artwork/ad to post their ads along with there site within the directory. . The internet business directory should include these features. o Internet map (companion to print map) o Zoomable and satellite views of locations o Command buttons based on geo-Iocation linking users to the business license holders pages o Turn-by-turn directions to business license holders' locations 3 o Printable directions/maps o City branded web pages, which create a seamless look between pages created by the City and pages created for this project. o Shaded overlays of distinct areas (business corridors, etc) of Wheat Ridge o Mapped paths of Wheat Ridge with distances for each o Hosting included, but if for whatever reason the vendor cannot host the website the vendor must have the ability to house the website within the City's server and have a City employee make the updates. III. SUBMISSION REQUIREMENTS AND EVALUATION CRITERIA A. Submit to: Provide one marked original and three (3) copies. Total of 4 complete sets. City of Wheat Ridge Municipal Building ATTN: Linda Trimble, CPPO, CPPB 7500 W 29'h Avenue, Purchasing & Contracting Division Wheat Ridge, CO 80033 Mark outside of envelope: RFP-08-11 ON-LINE MAP LOCATION PROJECT Address: Deadline to Submit: TUESDAY, MARCH 18, 2008 BY 4:00 pm our clock. Faxes or emails are not acceptable. No public bid opening. B. Evaluation Criteria To simplify the review process and to obtain the maximum degree of comparability, the proposal must follow the outline described below and, at a minimum, contain the required information. Respondents are encouraged to include additional relevant information. Your entire submittal shall not exceed sixty (60) pages. 1) Qualifications of the Firm (25%) . An overview of your company's history: include information on firm size, number of employees, years in business, financial stability, working office location and your primary services . Provide information on current workload and how this project will be accomplished . List a minimum of three (3) current or within the past three (3) years references. Include contact name, firm or agency, phone number or email and a summary of similar services provided. 2) Experience of Staff or Team (25%) . Identify the team, roles, and experiences with similar projects . Provide resumes of essential staff assigned to perform services for this project . Describe individual experiences with the City or other government agencies . Include any unique strengths or experiences 3) Approach (30%) . Demonstrate your understanding of the technical requirements. .. Detail YOUi apPiOach and timelines in completing this piOject. How will the objectives be achieved? . Identify any foreseeable problems in the implementation of the program . Submit samples of your work such as maps and digital mapping products. 4) Fee Schedule (20%) . Provide a detailed statement of fees: Include positions, hourly rates, number of hours and tasks. Provide annual host domain costs and hourly rate to maintain the site after December 31, 2008. Reimbursable expenses should be assumed to be billed at cost, without markup. Rates are negotiable. 4 IV. SELECTION PROCESS The selection process may involve two stages: 1) written submittals will be evaluated and scored and 2) oral interviews with the highest-ranking firms, if requested by the City. 1. Screenino Panel/Short List: Submittals will be evaluated in accordance with the evaluation criteria above. The panel will review and score the proposals. Firms ranked the highest may be invited to an oral interview. 2. Oral Interviews: It is anticipated that oral interviews may be conducted in accordance to the schedule. Firms will be notified in writing of the short list. Short listed firms will receive interview instructions. Key personnel from the firm and major consultants who will be directly involved with the project should attend the interview. The interview panel will, in particular, be interested in knowing more about previous experiences, project approach and in meeting the individuals who will act as the primary contacts with City staff. 3. Fee Prooosals and Final Selection: The City will attempt to negotiate a contract with the highest ranked firm following the interview stage. V. SCHEDULE The following is the anticipated schedule of events for this RFP process. Advertisement RFP Due Date Oral Interviews, if requested Negotiation of Contract Council Approval Start of Work Completion Date 02/27/08 MARCH 18, 2008 by 4:00 pm, our clock week of 03/31/08 week of 03/31/08 04/14/08 April - May 2008 December 31, 2008 VI. CHECK LIST The following must be included with your submittal in this order. Did you include: YES NO . Signature Page (page 1) . Acknowledge Addendum, if any . Qualifications . Experience . Approach . Illegal Alien Certification Form . Fee Schedule VII. INFORMATION TO PROPOSERS 1. PROPOSAL OPENING AND AWARD Only the names of each proposer will be read at the opening. Proposals will be examined promptly after opening. An abstract will be provided upon request. No proposal may be withdrawn for a period of sixty (60) calendar days of the Proposal Opening date. 2. TAXES The City of Wheat Ridge is exempt from City, County, State and Federal Sales/Excise Taxes. Certificates will be issued upon request. Any appropriate taxes shall be shown as a separate item in your Proposal. 3. PROPOSER QUALIFICATIONS No proposal shall be accepted from and no contract will be awarded to any person, firm or corporation that is in arrears to the City of Wheat Ridge, upon debt or contract that is a defaulter, as surety or otherwise, upon any obligation to the City or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service bid upon and that they have the necessary financial resources to provide the 5 proposed supply/service called for as described in the attached Section IV, Information for Proposals. 4. RIGHT TO INVESTIGATE The City reserves the right to investigate and confirm the proposer's financial responsibility. This may include financial statements, bank references and interviews with past consultants, employees and creditors. Unfavorable responses to these investigations are grounds for rejection of the proposal. 5. NO COMMITMENT BY CITY OF WHEAT RIDGE This Request for Proposals does not commit the City of Wheat Ridge to award any costs or pay any costs, or to award any contract, or to pay any costs associated with or incurred in the preparation of a Proposal to this Request, or to procure or contract for services or supplies. In acceptance of proposals, the City of Wheat Ridge reserves the right to negotiate further with one or more of the contractors as to any features of their proposals and to accept modifications of the work and price when such action will be in the best interest of the City. This includes solicitation of a best and final offer from one or more of the proposers. 6. PROPOSAL REPRESENTATION Each Proposer must sign the proposal with their usual signature and shall give their full business address on the form provided in this Proposal. Proposals by partnerships shall be signed with the partnership name by one of the members or by an authorized representative. Proposals by corporations shall be signed with the name of the corporation followed by the signature and designation of the President, Secretary, or other person authorized to bind it in the matter and shall have the corporate seal affixed thereto. 7. ANTI COLLUSION CLAUSE No officer or employee of the City of Wheat Ridge, and no other public official, or employee, who may exercise any function or responsibilities in the review or approval of this undertaking shall have any personal or financial interest, direct or indirect, in any contract or negotiation process thereof. The above compliance request will be part of all City of Wheat Ridge contracts for this Service. 8. INSURANCE The successful Proposer shall, during the term of this Agreement and until completion thereof, provide and maintain the following types and minimum insurance coverages as follows: Tvoe of Insurance Minimum Limits of Liabilitv Standard Workers' Compensation & Employers' Liability Including Occupations Disease Coverage Statutory in conformance with the compensation laws of the State of Colorado Comprehensive General Liability Insurance $250,000 each person; $1,000,000 each occurrence Comprehensive Automobile Errors and Omissions $250,000 each person; $1,000,000 each occurrence The successful Proposer shall affect the insurance policies in a company or companies and in a form satisfactory to the Owner. Before commencing any performance under this Agreement, successful Proposer shall deliver, to the City, Certificates of Insurance issued by the insurance company, and/or its duly authorized agents pertaining to the aforementioned insurance, and certifying that the policies stipulated above are in full force and effect. All policies and/or Certificates of Insurance shall include each individual entity as an additional named insured, except for Workers Compensation and Auto. Nothing herein shall be deemed or construed as a waiver of any of the protections to which the Agencies may be entitled pursuant to the Colorado Governmental Immunity Act, sections 24-10-101, C.R.S., as amended. Workers' Comoensation Insurance - The contractor shall provide workers' compensation insurance coverage for all persons employed to perform the work to be done under the contract and assure that all 6 workers will receive the compensation for compensable injuries. A copy of the workers compensation policy is required to be submitted to the City as part of this Proposal. Professional Liabilitv Insurance - Evidence of Professional Liability Insurance will be required upon award of the project. 9. PROPOSAL REJECTION OR PARTIAL ACCEPTANCE The City reserves the right to reject any or all Proposals. The City further reserves the right to waive technicalities, formalities, and informalities, to accept in whole or in part such Proposal where it is deemed advisable, and to make an award to the most responsive and responsible Proposer as deemed in the best interest of the City. 10. LAWS AND REGULATIONS All applicable State of Colorado and Federal laws, City and County ordinances, licenses and regulations shall apply to the award throughout and herein incorporated here by reference. 11. SUBCONTRACTING No portion of this Proposal may be subcontracted without the prior written approval by the City. 12. SALES PROHIBITED I CONFLICT OF INTEREST No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Wheat Ridge is prohibited. VIII. TERMS AND CONDITIONS 1. MODIFICATION OF AGREEMENT No rnodification of award shall be binding upon the City unless made in writing and signed by authorized agents of both parties. 2. CANCELLATION Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 3. TERMINATION OF AWARD FOR CAUSE, If, through any cause, the successful Proposer shall fail to fulfill in a timely and proper manner it's obligations or if the successful Proposer shall violate any of the covenants, agreements or stipulations of the award, the City shall thereupon have the right to terminate the award by giving written notice to the successful Proposer of such termination and specifying the effective date of termination. In that event, all finished or unfinished services, reports or other materials prepared by the successful Proposer shall, at the option of the Agency, become its property, and the successful Proposer shall be entitled to receive just, equitable compensation for any satisfactory work completed, prepared documents or materials as furnished. Notwithstanding the above, the successful Proposer shall not be relieved of liability to the City for damage sustained by the City by virtue of breach of the award by the successful Proposer and the City may withhold any payments to the successful vendor for the purpose of set off until such time as the exact amount of damages due the City from the successful Proposer is determined. 4. TERMINATION OF AWARD FOR CONVENIENCE The City may terminate the award at any time by giving written notice to the successful vendor of such termination and specifying the effective date thereof, at least thirty (30) working days before the effective date of such termination. In that event, all finished or unfinished services, reports, material(s) prepared or furnished by the successful Proposer under the award shall, at the option of the City, become its property. If the award is terminated by the City as provided herein, the successful vendor will be paid an amount which bears the same ratio to the total compensation as the services actually performed or material 7 furnished bear to the total services/materials the successful Proposer covered by the award, less payments of compensation previously made. If the award is terminated due to the fault of the successful Proposer, termination of award for cause, relative to termination shall apply. 5. EQUAL OPPORTUNITY The successful firm will agree not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of race, creed, sex, national origin, ancestry or physical handicap. It shall be a condition that any company, firm or corporation supplying goods or services, must be in compliance with the appropriate areas of the Americans With Disabilities Act of 1990 as enacted, and from time to time amended, and any other applicable Federal regulation. A signed, written certificate stating compliance with the Americ-.ans With Disabilities Act may be required, upon request, by the City. 6. COMMON LANGUAGE Unless otherwise specified in this document, all words shall have a common language unless the context in which they are used clearly requires a different meaning. Words in the singular number include the plural, and in the plural include the singular. Additionally, words in the masculine gender include the feminine and the neuter, and when the sense so indicates, words of the neuter gender may refer to any gender. The word "firm/bidder/proposer" means any person, partnership, corporation or other entity. 7. PROPRIETARY INFORMATION The evaluation committee will hold information provided by Proposers during the RFP process in confidence until the date of an award. After that date, proposals will become public record. Proposers may request parts of their proposals to remain confidential and shall indicate in the proposal and on the appropriate proprietary or financial pages. All information included in any Proposal that is of a proprietary nature must be clearly marked as such. The City shall be held harmless from any claims arising from the release of proprietary information not clearly designated as such by the proposing firm. 8. COMPETITIVENESS AND INTEGRITY The Purchasing Office maintains control of its internal and third party communications during the procurement process to prevent biased evaluations and compromises of confidential information and to preserve the competitiveness and integrity of such procurement efforts. Proposers should not disclose their pricing to any employees of the City other than the contact representative. Attempts by proposers to establish informal communication channels regarding this procurement will be viewed negatively and shall result in rejection of the offending firm's offer. 9. PROPOSAL FORMAT All responses to this Request For Proposal shall use the respondent's format except for those pages, which have blanks to be filled in by the respondent or those pages marked for return with proposal. A proposal can be rejected by the City, if the firm fails to completely fill in all blanks for evaluation of the proposal or fails to answer all questions. Proposal should be submitted initially on the most favorable terms. All proposals shall be prepared in a comprehensive manner as to content; however no necessity exists for expensive binders or promotional material. All costs, including travel and expenses incurred in the preparation of this proposal shall be borne solely by the Proposal. 10. PROPOSAL ACCEPTANCE/REJECTION: The City Of Wheat Ridge reserves the right to: . reject any and all proposals and to accept other than the low bid . waive minor defects or technicalities regarding the proposals, and . alter the scope of work and RFP documents until a contract is executed. 11. GOVERNING LAW: The laws of the State of Colorado shall govern any contract executed between the successful contractor and the City. Further, the place of performance and transaction of business shall be deemed to be in the County of Jefferson, State of Colorado. In the event of litigation, the exclusive venue and place of jurisdiction shall be the State of Colorado, and more specifically, Jefferson County, Colorado. 12. PROMPT PAYMENT DISCOUNTS: 8 In determining the most responsive priced proposal(s), the City will consider all acceptable proposals on a basis of the net price to be paid after deduction of the discount specified in the respective proposals. Prompt payment discounts allowing less than 10 days for the discount to apply shall not be considered as a cost factor in the evaluation of proposals. In connection with any prompt payment discount offered, time will be computed from date of receipt of a correct invoice to include the receipt and acceptance of performance. 13. OWNERSHIP OF CONTRACT PRODUCTS: All products produced from the awarded contract shall be the sole property of the City. 14. FUNDING There is in effect within the City of Wheat Ridge, Colorado, Section 2-4 of the City's Code of Laws 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 award. The Contractor is specifically advised of this Section 2-4 of the Code of Laws. This Contract is specifically subject to the provisions of said Code Section. Funding of this contract for any time period after January 1, of the year succeeding the date of entry of this contract is expressly contingent upon appropriations being made by the City Council of the City of Wheat Ridge, Colorado. No promise, expressed or implied, is made that such funding will be approved by the City Council, acting in its legislative discretion. 15. INDEMNIFICATION: The Consultant agrees to indemnify and to hold the City and its agents harmless for, from and against any and all claims, suits, expenses, damages or other liabilities, including reasonable attorney fees and court costs arising out of damage or injury to persons, entities, or property causes or sustained by any person or persons as a result of the negligent performance or failure of the Consultant to provide services pursuant to the terms of this Agreement. 16. INDEPENDENT CONTRACTOR The firm is an independent contractor. Notwithstanding any provision appearing in this RFP, all personnel assigned by the firm to perform work under the terms of this RFP and any subsequent agreement shall be, and remain at all times, employees or agents of the firm for all purposes. The firm shall make no representation that it is the employee of the City for any purpose. 17. DUE DILIGENCE Due care and diligence has been used in the preparation of this information and it is believed to be substantially correct. However the responsibility for determining the full extent to the exposure and the verification of all information shall rest solely with the proposer. The City is not responsible for any errors or omissions in the specification or for the failure on the part of the proposer in determining the full extent of exposure. 18. j2ECURITY ACCESS CARDS The City will issue security access cards to assigned workers. It will be the discretion of the City if the access cards are issued specifically for each worker or a guest card may be issued. 19. SAMPLE AGREEMENT: A sample agreement is provided for your review if your firm is awarded. Do not complete nor enclosed with your proposal. It is for information only. 20. COOPERATIVE PURCHASING EFFORT: Other governmental agencies including state agencies, special districts, counties, municipalities and school districts, etc., may be extended the opportunity to purchase off this Bid with the agreement of the successful vendor(s) and the participating MAPO Agencies and the WSCPA Group. Requests for participation of other Agencies and/or Groups will be coordinated by the MAPO Agency hosting this Bid. The Host Agency will notify the vendor(s) and the Agency andlor Group wishing to participate, in writing. Each agency/group desiring to participate shall establish its own contract, issue its own orders, be invoiced and make its own payments and issue its own exemption certificates as required by the Vendor. It is understood and agreed that the City is not a legally binding party to any contractual agreement made between a MAPO or WSCPA member and the Vendor as a result of this solicitation. 9 CITY OF WHEAT RIDGE, CO CERTIFICATION STATEMENT FOR ILLEGAL ALIENS, COMPLIANCE TO HB 1343 The Vendor, whose name and signature appear below, certifies and agrees as follows: 1. The Vendor shall comply with the provisions of CRS 8-17.5-101 et seq. 2. The Vendor shall not knowingly employ or contract with an illegal alien to perform work under this purchase order or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien. 3. The Vendor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, or (i1) otherwise shall comply with the requirements of CRS 8-17.5-102(2)(b)(I). 4. The Vendor shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. If the Vendor fails to comply with any requirement of this provision or CRS 8-17.5-101 et seq., the City may terminate the above referenced purchase order for breach and the Vendor shall be liable for actual and consequential damages to the City of Wheat Ridge. CERTIFIED and AGREED to this day of ,200 BID NUMBER: FIRM: (Print Full Legal Name) Authorized Signature: Print Name: Print Title: Date: A;~",,~,,~;on: (A corporate attestation is required.) BY: Corporate Secretary or Equivalent Place corporate seal here, if applicable VENDOR MUST COMPLETE AND SUBMIT THIS FORM TO THE PURCHASING AND CONTRACTING OFFICE 10 CITY OF WHEAT RIDGE RFP-08-11 ON-LINE MAP LOCATION PROJECT SAMPLE AGREEMENT THIS AGREEMENT made this day of APRIL 2008, by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the "City" or "Owner" and EAST, WEST, hereinafter referred to as the "Consultanf' . WITNESSETH, that the City of Wheat Ridge and the Consultant agree as follows: ARTICLE 1 - SERVICES The Consultant shall serve as the City's Consultant and provide as a minimum all of the professional services required as per RFP-08-11 ON-LINE MAP LOCATION PROJECT, as more fully described in the Request For Proposal (Exhibit I) and the response of the Consultant to the RFP (Exhibit II) attached hereto and incorporated herein by reference. ARTICLE 2 - TERM The work to be performed under this Agreement shall commence promptly after receipt of a fully executed copy of this Agreement to the extent that the Consultant has been authorized to proceed by the City. Completion shall for Phase 1 is AUGUST 01, 2008 and Phase 2 is DECEMBER 31, 2008. ARTICLE 3 - PAYMENT AND FEE SCHEDULE It is understood and agreed by and between the parties hereto, that the City shall pay the Consultant for services provided and the Consultant shall accept a total of TIN MAN, $L10N as full payment for such services. A. Invoices Invoices will be submitted by the Consultant monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. The processing of payment will be expedited by the Treasurer's Office through proper accounting procedures. Payment will be made to the Consultant within thirty (30) days of the receipt of the approved invoices for services rendered. B. Fundinfl There is in effect within the City of Wheat Ridge, Colorado, a provision of the City's Code of Laws 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 award. The contractor is specifically advised of the provisions of this portion of the Code of Laws of the City of Wheat Ridge, which was enacted pursuant to Ordinance 787, Series of 1989, and expressly incorporated herein. This contract is specifically subject to the provisions of said Ordinance and adopted Code Section. ARTICLE 4 - INDEPENDENT CONTRACTOR In performing the work under this Agreement, the Consultant acts as an independent contractor and is solely responsible for necessary and adequate worker's compensation insurance, person injury and property damage insurance, as well as errors and omissions insurance. The Consultant, as an independent contractor, is obligated to pay federal and state income tax on monies earned. The personnel employed by the Consultant are not and shall not become employees, agents or servants of the City because of the performance of any work by this agreement. The Consultant warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for it, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than bona fide employees working solely for the Consultant, any commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City will have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11 ARTICLE 5 - INSURANCE In accordance with Article 4 above, the Consultant shall furnish a certificate of insurance upon notification of award and prior to performance. Work shall not commence under this Agreement until the Consultant has submitted to the City and received approval thereof, a certificate of Insurance showing compliance with the following minimum types and coverages of insurance. Type of Insurance Minimum Limits of Liability Standard Workers' Compensation & Employers' Liability Including Occupations Disease Coverage Statutory in conformance with the compensation laws of the State of Colorado Comprehensive General Liability Insurance $250,000 each person; $1,000,000 each occurrence Comprehensive Automobile $250,000 each person; Professional Liability (errors and omissions) $1,000,000 each occurrence All policies and/or Certificates of Insurance shall include the City of Wheat Ridge as an additional named insured. Nothing herein shall be deemed or construed as a waiver of any of the protections to, which the Agencies may be entitled pursuant to the Colorado Governmental Immunity Act, sections 24-10-101, C.R.S., as amended. ARTICLE 6 -INDEMNIFICATION The Consultant agrees to indemnify and to hold the City and its agents harmless for, from and against any and all claims, suits, expenses, damages or other liabilities, includ ing reasonable attorney fees and court costs arising out of damage or injury to persons, entities, or property causes or sustained by any person or persons as a result of the negligent performance or failure of the Consultant to provide services pursuant to the terms of this Agreement. ARTICLE 7 - CHANGE ORDERS OR EXTENSIONS The City may, from time to time, require changes in the scope of services of the Consultant to be performed herein. Such changes, including any increase or decrease in the amount of the Consultant's compensation, must be mutually agreed upon in writing by the City and the Consultant. The Consultant shall be compensated for all authorized changes in services, pursuant to the Request for Proposal, or if no provision exists, pursuant to the terms of the Change Order. ARTICLE 8 - EQUAL EMPLOYMENT OPPORTUNITY The Consultant shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Consultant 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 payor other forms of compensation, and selection for training, including apprenticeship., The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices provided by the local public agency setting forth the provisions of this nondiscrimination clause. The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. ARTICLE 9 - CHARTER. LAWS AND ORDINANCES The Consultant at all times during the performance of this Agreement, agrees to strictly adhere to all applicable Federal, State and Local laws, rules, regulations, and ordinances that affect or govern the work as contemplated under this Agreement. 12 ARTICLE 10 - 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 performance of this contract is with the District Court of Jefferson County, Colorado. ARTICLE 11 - TERMINATION The Consultant acknowledges that his failure to accomplish the work as described shall be considered a material breach of the contract and entitle the City to consequential damages resulting from failures, acts, or omissions including but not limited to re-procurement costs, insufficient or improper work. The City and the Consultant agree that this Agreement may be canceled for cause, by either party with a fifteen (15) day prior written notice. The cost of completing the portion of the work which remains unperformed at the time of such termination, shall be deducted from the contract price before payment is made. The City may terminate the Agreement for its convenience upon thirty (30) days written notice. In the event of such termination, the consultant will be paid for all work and expenses incurred up until the time of such termination. All work accomplished by the Consultant prior to the date of such termination, shall be recorded and tangible work documents shall be transferred to and become the sole property of the City, prior to payment for services rendered. ARTICLE 12 - NOTICES Shall be made in writing to: For the City: Name, Department 7500 W 29th Avenue. Wheat Ridge, CO 80033 Phone 303- Fax 303- For the Consultant: EAST, WEST Phone 303- Fax 303- ARTICLE 13 - ASSIGNMENT AND SUBCONTRACTORS The duties and obligations of the Consultant arising hereunder cannot be assigned, delegated, nor subcontracted except with the express written consent of the City. The subcontractors permitted by the City shall be subject to the requirements of this Agreement, and the Consultant is responsible for all subcontracting arrangements and the delivery of services as set forth in this Agreement. The Consultant shall be responsible for the performance of any sub-consultant. 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 an authorized representative of the City and the Consultant. ARTICLE 16 - ILLEGAL ALIEN COMPLIANCE IllEGAL ALIENS - PUBLIC CONTRACTS FOR SERVICES. CRS 8-17.5-101 and Public law 208, 104'h 13 Congress, as amended and expanded in Public Law 156, 108'h Congress, as amended: The Contractor certifies that he/she shall comply with the provisions of CRS 8-17.5-101 et seq. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien. The Contractor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, or (ii) otherwise will comply with the requirements of CRS 8-17.5-101(2)(b)(I). The Contractor shall comply with all reasonable requests made in the course of an investigation by the CO Department of Labor and Employment. If the Contractor fails to comply with any requirement of this provision or CRS 8-17.5-101 et seq., the City may terminate this contract for breach and the Contractor shall be liable for actual and consequential damages to the City. ARTICLE 17 - AUTHORIZATION Each party represents and warrants that it has the power and ability to enter into this Agreement, to grant the rights granted herein and to perform the duties and obligations described herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in two (2) copies, each of which shall be deemed an original on the day and year first written above. OWNER ATTEST: CITY OF WHEAT RIDGE 7500 W 29TH AVENUE WHEAT RIDGE, CO 80033 (303) 234-5900 MICHAEL SNOW, CITY CLERK (Seal) JERRY DITULLIO, MAYOR APPROVED AS TO FORM: GERALD DAHL, CITY ATTORNEY CONSULTANT EAST WEST (CORPORATE SEAL) ATTEST: NAME SIGNATURE TITLE TITLE DATE PRINT NAME 14 ~. '.. ~ ~ City of rWheatRl,dge ITEM NO: l.el REQUEST FOR CITY COUNCIL ACTION ~;t~ nr'[f1 ~~ COUNCIL MEETING DATE: April 14, 2008 TITLE: APPROVAL OF CITY CONTRIBUTIONS TO OUTSIDE AGENCIES FOR FISCAL YEAR 2008 IN THE AMOUNT OF $10,000 D PUBLIC HEARING [8J BIDSIMOTIONS D RESOLUTIONS D ORDINANCES FOR I ST READING (mmlddlyyyy) D ORDINANCES FOR 2ND READING (mmlddlyyyy) Quasi-judicial: D YES &~t [8J NO Ciry~d EXECUTIVE SUMMARY: In 2008, the Ciry of Wheat Ridge received several funding requests from local non-profit agencies for assistance in providing essential social services to Wheat Ridge citizens. The 2008 Outside Agency Contribution Program funding amount approved by Ciry Council is $10,000. The Ciry has received the following requests for funding assistance: Arapahoe House, Requested amount $20,962 Arapahoe House provides comprehensive substance abuse treatment programs. In the past, Arapahoe House has served over 543 Wheat Ridge citizens. Additionally, their social model detox served 446 of those citizens and 288 individuals received detox treatment through the Wheat Ridge Police Department. Arapahoe House has recently created a formula which is used for funding requests which is explained in the attached letter of request. Family Tree, Requested amount $5,000 Family Tree provides case management and housing assistance to homeless families and individuals. Family Tree seeks to reduce homelessness, promote self-sufficiency and build stable families in Jefferson County and the surrounding areas. Family Tree accomplishes this through information and referral/crisis assistance, housing assistance, home-based case management services, advocacy and community collaboration. Family Tree has assisted 4,500 callers on the Crisis Hotline in 2006/07 and of these calls 230 (5 percent) were from Wheat Ridge. Services have also been provided to 563 formerly homeless families and individuals. Approximately, 1,494 adults and children are on the housing waitlist, and of these individuals, 29 of them are from Wheat Ridge. Jefferson Center for Mental Health, Requested amount $5,000 "Wellnessnow!" uses education and prevention modalities to support Jefferson Center for Mental Health clients' resilience and augment the recovery process, and enhance the overall health and well- being of other community members. "Wellnessnow!" offers courses in stress management, exercise and nutrition, self-help and life skills. During 2007, Jefferson Center provided services to 500 Wheat Ridge residents. Approximately nine percent of Jefferson Center clients are residents of Wheat Ridge, the Summit Center Clubhouse; a vocational program for people with serious mental illness, is located in Wheat Ridge and Jefferson Center for Mental Health is an active member of the Thriving Wheat Ridge program. Audio Information Network (AIN) of Colorado, formerly Radio Reading Service of the Rockies (RRSR), Requested amount $2,500 AINColorado provides services to blind, visually impaired and print handicapped Wheat Ridge residents. Services include partial underwriting for Wheat Ridge news programming, embossing/distribution of Braille AINColorado Program schedules, printing/distribution oflarge print AINColorado program schedules, burning/distribution of CD AINColorado program schedules, recording/distribution of audiocassette and/or speaker phones for listeners in private homes or assisted living facilities such as Spring Ridge Park or Day Break at Vista Village. Based on statistical data approximately 1,500 Wheat Ridge residents could benefit from AINColorado services. Stride (The Path to Self-Sufficiency 'for Families), Requested amounf$2,000 . , Stride assists low income and homeless families to become self-sufficienf and independent of government programs. Last year, Stride served over 200 families in Jefferson, Adams, and Arapahoe counties. Stride has served 89 families in Wheat Ridge in the past and is currently serving nine Wheat Ridge families. Volunteers of America Colorado Branch, Requested amount $4,630 Volunteers of America seek to provide nutrition and meal service to seniors in the Denver metro area. Services to be provided in 2008 include congregate nutrition at the Wheat Ridge Senior Center and home-delivered meals through Meals on Wheels. In 2007, Volunteers of America served 7,561 meals to 293 elderly individuals in Wheat Ridge through its Meals on Wheels and Seniors' Nutrition Programs. Fourteen homebound seniors in Wheat Ridge received 1,934 home-delivered meals in 2007. In addition, 279 seniors attended the Wheat Ridge dining center. The funding request would fulfill the requirement for local matching funds from cities and counties receiving nutrition services through providers such as Volunteers of America under the Older Americans Act. The requested funding would also help Volunteers of America to provide a consistent level of service to meet the demand for assistance in Wheat Ridge. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The non-profit agencies listed above have requested funding from the City's Outside Agency Program for award in 2008. The amount of funding requested by six agencies totals $40,092. This amount exceeds the Council approved budget by $30,092. Staff's recommendation would be to distribute the funding in 2008 as recommended below. Staff has recommended funding the agencies based on the population of Wheat Ridge citizens the agency has identified they serve and the type of service(s) the agency provides. ALTERNATIVES CONSIDERED: City Council can prioritize the funding requests received and allocate the available funding by increasing the amount of funding available for the 2008 program and/or the recommended allocations from above. FINANCIAL IMPACT: The City Council approved budget for 2008 Outside Agency contributions is $10,000 budgeted in account 01-102-700-780. RECOMMENDED MOTION: "I move to approve City Contributions to Outside Agencies for fiscal year 2008 in the amount of $10,000 to: 1. Arapahoe House, $2,500 2. Family Tree, $1,500 3. Jefferson Center for Mental Health, $2,250 4. Audio Information Network of Colorado, $250 5. Stride, $750 6. Volunteers of America, $2,750" or, "I move to deny the approval of City Contributions to Outside Agencies for fiscal year 2008 in t.he amount of$10,000 for the following reasons: " Report Prepared by: Reviewed by: Heather Geyer, Assistant to the City Manager Patrick Goff, Deputy City Manager ATTACHMENTS: A. Letter of Request from Arapahoe House B. Letter of Request from Family Tree C. Letter of Request from Jefferson Center for Mental Health D. Letter of Request from Audio Information Network of Colorado E. Letter of Request from Stride F. Letter of Request from Volunteers of America (I Arapahoe House Comprehensive Alcohol, Drug and Behavioral Health Services 8801 Lipan Street. Thornton, CO 80260 . Main: 303.657.3700 . Fax: 303.657.3727 . www.arapahoehouse.org March 14, 2008 ~ I- Z w :IE ::I: CJ <C l- I- t!l Heather Geyer Assistant to the City Manager City of Wheat Ridge Municipal Building 7500 W 29'h Avenue Wheat Ridge, CO 80033-8001 Re: Outside Agency Contribution Program Funding for Arapahoe House Detox Services Dear Ms. Geyer: Thank you for inviting Arapahoe House, Inc., a non-profit, comprehensive substance abuse treatment agency, to apply for continued funding from the Outside Agency Contribution Program for 2008. We received $1,500 under the last application to support services to Wheat Ridge citizens in our social detoxification (detox) program in 2007. Arapahoe House's treatment programs served a total of 543 Wheat Ridge citizens in all of our programs in 2007. In our social model detox we served 446 of those citizens. Additionally, The Wheat Ridge Police dropped off 288 individuals at our detox facilities. Seventy percent of our referrals come from law enforcement officers who use our detox units to serve as a safety net for the community. We are available 24/7 to receive citizens, who due to their level of intoxication or drug use, are endangering them selves or other citizens in the community. Our programs are a safe and rapid aiternative to resolving the law enforcement resolution to these types of community disturbance calls. We monitor the persons through out withdrawal to insure that they are able to detox safely providing referrals as needed for any medical concerns. After withdrawal is complete, we attempt to connect those citizens interested in further treatment in hopes of intervening in their negative behaviors regarding poor choices around use of alcohol or drugs. Most referrals have an opportunity to participate in educational activities while on the unit. This service benefits the community by providing a safety net for citizens using substances and for other citizens by removing the person who is under the influence from interfering with citizens who may be impacted negatively by their actions. This includes those driving, DAVID G. MURPHY, CHIEF EXECUTIVE OFFICER BOARD OF DIRECTORS: Norma Amlerson, President. Thomfls Clm"k . Mn1"il.)'ll Dana. Lhula J. Doniel . Lynn Miller Doyle Ad1"ial11c Ruston Fitzgibbons. John Fitzgibbo11S . Lucille "Lucky" Gn/lnglJer . Senntor Bob Hngedonz . David J. Kob/wry . Ellm MiIIC'l'-Bnnvn Bdnn D. Milligan. Nkk Ni71/!11l0 . Scott E. Pope. Ch1"istille C. Powers. Mm"Ce/Ja C. Rnpp . Henry "Honk" Robinson. LnU1'a Romero Ex OFFICIO lvIE.\1BERS: Mary Boca. GOVe1710T Bill Owens. COllllll;SS;Ol1e1" Lon] YK Pace rro.8/06 those causing disturbances at businesses, in neighborhoods, or wandering unsafely on the streets. In addition, for those who choose to consider making changes in their use, we provide linkages to further services; this will improve the quality of their life and the community in which they live. Recently Arapahoe House created a formula on which to request funding for entities that utilize our services. This formula creates a rational for financial support based on the number of referrals from a particular funding entity, actual cost of services, fees received from clients and supplemental funding we received from state and federal sources. Annually we will update the formula based on the previous year's figures. Our average cost per person per admit referred into the detox units is $225. This is based on a formula involving actual expenses for the year divided by the number of clients served. We get approximately $108 per person from state/federal resources (allocation divided by the number of persons served) and average $70 per client in client fees (total client fees collected divided by number served). That would leave us a gap in funding for each admit of approximately $47 ($225 per admit- $108 state subsidy - $70 collected from client). It is these gaps in funding that we hope the participating entities can begin to target and'move towards covering in order to be able provide us with adequate funding to continue our services. In the case of Wheat Ridge, we served 446 clients in our detox program, which would mean that we would need $20,962 to cover the gap in funding for services that we provide to your citizens. /" ' ""\ Therefore we are requesting that you consider allocating ~ur 2008 review process. We realize that this is a large increase from previous years; however, any increase that will assist us in moving toward the requested amount would be appreciated. If you have any questions or need any further information, do not hesitate to contact us. Sincerely, t. IJWi'V BJ : ean, MA, LAC Program Manager Detoxification Services 303.412.3946 Floyd Hodge' Contract Manager 303.412.3678 'Please contact Mr. Hodge directly for any questions regarding this application or required reports. J). ..~.. " .- .,..~.. "71 FamUxIf.S1.S/Jes www.thefamllytree.org Faml1yTree~ Inc. 3805 Marshall Streel, #100 , " Wheat Ridge, CO 80033 Phone: (303) 422-2133 Fax: (303) 422-5707 Gemini 1629 Simms Stroot Lakewood, CO 80215 Phone: (303) 235-0630 Fax: (303) 235-0633 >~._- Women In Crisis P.O. Box 1586 Arvada, CO 80001 Crisis Line: (303) 420-6752 Phone: (303) 420-0412 Fax: (303) 420-0516 Housing and Family Services '3805 Marshall Street, #201 Wheat Ridge, CO 80033 Phone: (303) 467-2604 Fax: (303) 422-3754 Karlis FamJlyCent~r 1777 Kipling Street Lakewood, CO 80215 Phone: (303)462-1060 Fax: (303) 462-1315 . . House of Hope 3301 S. Gnmt Street Englewood, CO 80113 Phone: (303) 762-9525 Fax: (303) 762-9552 Adams County Projects TANF Stahle Families 7190 Colorado Blvd. Commerce City, CO 80022 Phone: (303) 227-2205 . Fax: (303) 227-2777 Early Intervention and Prevention 740,1 Broadway Denver, CO 80221 Phone: (303) 412-5135 Fax: (303) 412-5321 Community Family Resource Team 740 1 Broadway Denver, CO 80221 Phone: (303) 412-5283 Fax: (303) 412-5325 Treasure Trunk 7043 W. 38th Avenue Wheat Ridge, CO 80033 Phone: (303) 421-9205 Fax: (720) 898-1014 ~ A Un;tod w.y 'W' Agonoy January 28, 2008 The Honorable Jerry DiTullio, Mayor City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033-800 J Deal' Mayor DiTullio: Family 'Tree recently celebrated our 30'h year of providing services in the Jefferson County community. We truly appreciate the support of the City of Wheat Ridge over the years, and hope you will be able to help with funding needs again in 2008. We are requesting $5,000 of Wheal Ridge contingency funds for our Housing and Family Services Crisis Hotline Project. In addition to assisting 4,500 callers on this Crisis Hotline during fiscal year 2006/07, Housing and Family Services staff provided case management and housing assistance to 563 formerly homeless families and individuals, serving 1,494 adults and children in the Family Tree housing programs and on our housing waitlist. Of the 1,494 persons served in housing, 29 adults and children were from Wheat Ridge. Thirty persons during the year received limited case management services while on our housing waitlist. Of the 4,500 callers, there were 230 calls, 01' 5 percent ofthe total, from Wheat Ridge. ' FamIly Tree Housing and Family Services (HFS) Crisis :El:otline Project Family Tree is requesting funds to help support the work of our Housing and Family Selvices Crisis Hotline. Hotline staff are trained to respond to individuals and families in crisis who contact our office by telephone or in person for help. Most persons who call are homeless or near homelessness, and are challenged by rising costs and an inability to meet basic needs of rent, food and utilities. The Crisis Hotline is where help starts; it is the first point of contact for families needing help. Staff provide information on stable housing options, shelter and safety issues and callers are given limited' case management w!Iile waiting for program acceptance. Staff maintain current lists of shelters, food banks, diaper dispensing sites, rental/m0l1gage and utility assistance, and health/mental health' clinics that are available to assist homeless families and individuals. The referrals we give out are targeted and appropriate for each caller. We learn the needs and then link callers with those programs for which they are eligible, not just give them a list and tell them to search for themselves. Because there is an insufficient number of transitional housing options in Jefferson County to meet the need, the selvices provided by our HFS Crisis Hotline, which provides preventive help, are even more crucial. Beyond crisis counseling, individuals and families are assisted with how to avoid eviction and solve tenant/landlord issues. They are directed to one-time crisis assistance, such as food banks and emergency financial assistance. Some families will receive intervention and ongoing case management in order to obtain self- sufficiency. The mission of Family Tree Is to help people overcome child abuse, domestic violence and homeJessness to become safe, strang and self-reliant N I- Z w :E :c u e l- I- e .' -.<> ..' Page Two ...... Families also stop by our office at 3805 Marshall Street in Wheat Ridge, When an individual or fam,i1y comes to our offices, we allow them to use a telephone, or provide some donated food, diapers, and/or a few bus tokens to get to a shelter, a job interview, 01' an appointment at social services. Children often find a toy or a stuffed animal or book to take home. Callers and visitors respond positively to our assistance. Because ofthe hotline, many families avoid an eviction 01' learn of community resources to assist them in maintaining their cnrrent housing, thereby reducing the number of new homeless in the community, Requested fnnding would be utilized toward crisis line project expenses. Families in our programs also are given vouchers for Family Tree's Treasure Trunk thrift store in Wheat Ridge. This store has been located at 7043 West 38111 Avenue since 1983, Our clients can choose, free of chal'ge, clothing and needed household items for theil' families. HFS also provides a pennanent housing orientation sponsored by the HFS Kickin' It program that individuals and families can attend while on our waitlist for one of our transitional or permanent housing programs. An orientation includes application information for subsidized housing (private and public), information on Section 8 applications and waitlist assistance, help completing the forms, credit repair services, developing good landlord relations, a discussion of tenant rights, and lists of affordable housing options. . Kickin' 1t is a component of services developed by HFS case managers as a way to provide information, and develop the critical self-sufficiency skills of service recipients in an effort to further decrease episodes of family crisis. The ongoing Kickin' It educational groups provide useful life skills for housing clients and persons on our waitlist for Family Tree housing. Classes include Housing 101, permanent housing, home ownership, parenting, nutrition, budgeting, domestic violence issues, managing chronic illness, ESL, GED, employee tips, tutoring and testing, community involvement, life skills, safe sex and self-esteem. An emphasis is placed on classes that address employmenllcareer choices and work skills. Classes are taught by a wide variety of community service providers/corporate representatives in addition to Family Tree staff, some of whom are bilingual. Clients have access to job resources/opportunities through a Tri-County Workforce kiosk computer set-up onsite at Family Tree. The purpose of Housing and Family Services is to reduce homelessness, promote self-sufficiency and build stable families in ,Jefferson County and the surrounding areas through information and referral/crisis assistance, housing assistance, home-based case management services, advocacy and community collaboration. Housing and Family Services currently operates supportive transitional housing programs and suppOliive permanent hOllsing programs utilizing diversified funding sources. We look forward to working with you this year to help families in this community receive the assistance they need to obtain housing and achieve, or return to, self~sufficiency. If you have any questions or need additional information or would like to schedule a tour, please contact me at 303-467-3794, ytension 729. Thank you for your consideration: Forsafefam'~'; , , . D e, Managmg Director Family Tree Homelessness Services l~ ' Sc 1 ~hiel ,Chief Executive Officer Fa~Tree, nc. ~ V RECEIVED . FEB 0 7 2008 Jefferson Center for mental health J~ Mr. Randy Young City Manager 7500 W. 29th Avenue Wheat Ridge, CO 80033 J~7vr Dear Mr. Young, On behalf ofJefferson Center for Mental Heath (Jefferson Center), I am honored to present this request to the City of Wheat Ridge for $5,000 in grant support for our "Wellnessnow!" program. This proposal will help fulfill the City of Wheat Ridge's Comprehensive Plan Goal #13, to promote the health, safety, welfare and quality oflife of Wheat Ridge citizens. BacklITound on Jefferson Center Celebrating its 50th year, Jefferson Center for Mental Health (Jefferson Center) provides comprehensive mental health care and innovative programs to children and families, adolescents, adults, seniors, and individuals with serious mental illness. Jefferson Center was founded to help ensure that people experiencing mental health issues can access care in their local community and within the least restrictive setting possible. Last year, Jefferson Center provided services 5,862 people including nearly 500 Wheat Ridge residents. Jefferson Center targets those most in need: of all clients, 4,087 were disabled by mental illness and 71% have incomes below $10,000. With more than 300 staff, Jefferson Center is a major employer in the region and is actively involved in numerous community collaborations. In fact, we were honored by the City of Wheat Ridge in July 2007 with the Visionary Business Award. Approximately 9% of all our clients are residents of the City, and we offer services in several Wheat Ridge locations: ./ Summit Center, a clubhouse and vocational program for people with serious mental illness, is located at 3810 Peirce Street and serves more than 200 people each year. We appreciate the past support the City of Wheat Ridge has provided Summit Center. ./ The ROAD, an award-winning drop in center for youth with mental health or behavioral issues is located in Wheat Ridge at 38th and Harlan. ./ Our administrative and adult outpatient office is located in Wheat Ridge at 4851 Independence (1-70 and Kipling). ./ The Wellnessnow! program, the subject of this proposal, is housed at 4045 Wadsworth. JYellnessnow! PrOlITam Information and Grant Request Last year, with the support ofthe City of Wheat Ridge, Jefferson Center was able to launch "Wellnessnow!" to promote optimum mental and physical health. This program was developed to enable Jefferson Center to expand its service to the community by serving more people overall and providing a broader range of services to existing clients. Wellnessnow! uses education and prevention modalities to support individuals' resilience and augment the recovery process. By offering courses in stress management, exercise and nutrition, self-help and life skills, Jefferson Center promotes welIness for clients and the community at large. Address: 70 Executive Ceuter, 4851 Independence St., Wheat Ridge, CO 80033-6715 M ... Z w :E :z: CJ <C - - c In its first year, an estimated 2500 individuals participated in "Wellnessnow!" classes and activities. Clients gain tips for healthy living, new skills that help them create positive changes in their lives, and a peer support network. Course evaluation and outcomes information has provided us with the astonishing and rewarding feedback that 1 00% of class participants "would recommend this class to someone else"! "Wellnessnow!" is having a remarkable impact on the lives of Wheat Ridge community members. In the words of one participant, "you have given me my life back. From the skills you have taught me ranging from nutrition and weight loss support to communication skills to decreasing anxiety and stress, I have lost 80 lbs., have gotten a part-time job, and am starting to be active socially in my community for the first time in 5 years. Thank you for everything". The opening ofthe Wellness Center at 4045 Wadsworth was vital to the success of the program, by allowing Wellness participants to have a convenient, accessible location for classes and programs. Another key accomplishment in the first year was the "Wellness Walk," which was held in September at Prospect Park. We had several hundred walkers who came out to walk and celebrate health and wellness on a beautiful day in Wheat Ridge. Many of the participants in the Walk were clients who had been working hard to increase their physical activity level, by taking Walking Classes and walking to the Happiness Garden plot which had been donated to us by Live Well, Wheat Ridge. A grant of $5,000 from the City of Wheat Ridge in 2008 will enable Jefferson Center to expand the number of wellness classes offered, and offer other new activities such as Life Coaching that promote integrated mentaVphysical health care. Thank you for your past support, and we look forward to continuing to work in partnership with the City of Wheat Ridge to promote the mental health and well-being of our community. If you have any questions about this proposal or our services, please contact Mindy Klowden, Development Director at 303/432-5170 or mindvk@icmh.orl! Sincerely, Y!I~ vfl '-I1ut ?~.l) Harriet L. Hall, PhD President and Chief Executive Officer Enclosures: . Annual Report . Audit of most recently completed fiscal year . Wellness program promotional materials CC: Heather Geyer, Assistant to the City Manager/PIO Address: 70 Executive Center, 4851 Independence St., Wheat Ridge, CO 80033-6715 Information NETWORK oJIIIII,I,,,11 of C%cado Ms. Heather Geyer, Assistant to the City Manager City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80215-8001 March 18, 2008 Dear Ms. Geyer: Thank you and the City of Wheat Ridge for your generous support to the Radio Reading Service of the Rockies (RRSR) in 2006 and 2007. RRSRjust changed our name this past fall to Audio Information Network of Colorado (AINColorado). Only our name has changed; we still have the same mission, services, clients and staff. We would deeply appreciate your assistance in presenting this proposal for funding in 2008 to the City of Wheat Ridge in order that AINColorado can not only continue its service to current Wheat Ridge residents but can locate and provide our services to additional blind, visually impaired and print disabled Wheat Ridge residents. The support from the City of Wheat Ridge is both greatly appreciated and much needed. A private non-profit corporation established in 1990, AINColorado is a volunteer based, reading and information service for Colorado's blind, visually impaired and print disabled children, youth, working age adults and senior citizens. Our broadcasts enable those persons who - for a variety of reasons- cannot effectively read newspapers and other printed documents to gain access to otherwise unavailable print materials. The comment we hear most often from prospecti ve listeners is how much they miss being able to read their hometown paper. This is not surprising when you consider the wealth of current data newspapers provide. Today, more than ever, we live in an information-driven society. Imagine a single day without access to newspapers, magazines, menus, computers, personal & business correspondence, etc. Detailed information that sighted persons take for granted every day - such as daily news; grocery, discount and store ads; job openings; housing opportunities; obituaries; calendars of events; school and neighborhood issues, etc. - is simply not available to the blind/visually impaired/print disabled through other media. AINColorado is the only reading service of its kind in the State of Colorado and we broadcast 24 hours a day, 7 days a week. AINColorado broadcasts about 100 Colorado newspapers weekly, including the Wheat Ridge Transcript as well as the Arvada Sentinel, Golden Transcript and Lakewood Sentinel for complete coverage of Jefferson County. We understand that Wheat Ridge also produced 6 newsletters in 2004; AINColorado would be happy to broadcast those as well if you can send us copies. We can also broadcast public service announcements from the City of Wheat Ridge. We additionally broadcast articles from over 50 magazines weekly including American Heritage, Ode and Parent. AINColorado produces daily programming for children - one in Spanish - in an effort to encourage literacy and promote cultural sensitivity. We also produce specific programs for the disabled, seniors, parents and other programs in Spanish for adults. All AINColorado programs are informative, educational, unduplicated by other organizations and are offered totally free of charge. Nearly 300 volunteers provide 18,700 annual hours of audio information to AINColorado listeners. AINColorado programming can be accessed in a number of ways. Rocky Mountain PBS offers AINColorado programs on its Secondary Audio Programming (SAP) frequency on KMRA TV Channel 6 in Denver, KTSC TV Channel 8 in Pueblo/Colorado Springs and KRMJ TV Channel 18 in Grand Junction at no cost to AINColorado and as a community service. AINColorado is made available to all Listen .:. Learn .:. Connect 2200 Central Avenue, Suite A Boulder, CO 80301 (303)786-7777 Toll Free (877)443-2001 Fax: (303) 939-8013 Web: www.aincolorado.org ~ I- Z w :E :z: CJ ce l- I- ce cable TV companies in Colorado at no charge and should currently be available to Wheat Ridge residents on your government access channel. Programs are also accessed via touch tone telephone using our "Information on Demand" (laD) system. AINColorado is available through live streaming on the internet and now with "podcasting"(see program schedule). We also provide special pre-tuned radios that are especially appreciated by seniors as they are lightweight, portable and extremely simple to use. AINColorado provides speaker phones to needy listeners who prefer to access our broadcasts via laD. To maximize the use and enjoyment of our programming, AINColorado provides twice yearly program schedules in Braille, large print, CD and audiocassette formats. The American Foundation for the Blind provides startling statistics. Every 7 minutes someone in America becomes blind or visually impaired. The leading causes of vision impairmentlblindness in the U.S. are primarily age-related diseases. The number of Coloradoans at risk for these diseases is increasing as the baby-boomer generation ages. The conditions, including age-related macular degeneration, cataracts, diabetic retinopathy and glaucoma, affect more Coloradoans than ever before and will continue to escalate. The number of Americans with age-related eye diseases and resulting vision impairment is expected to double within the next three decades. The State of Colorado's Agency for the Blind uses the generally accepted figure that 1% of the general population under the age of 60 is blind/visually impaired. This number jumps dramatically to 25% after age 60 according to the State of Colorado and the Denver Regional Council of Government's (DRCOG) Area Agency on Aging. This means that one in four of our own family, friends and acquaintances age 60 and older have enough vision loss to be considered visually impaired. The projected population of the City of Wheat Ridge is 33,308. Based on formulas explained above, the City of Wheat Ridge is estimated to have 293 blind/visually impaired children, youth and working age adults with an additional 999 blind/visually impaired senior citizens. These figures do not even include the print disabled. "Print disabled" refers to sighted persons who, for a wide variety of reasons, have difficulty accessing the printed word. This includes those who physically cannot hold a newspaper, magazine, etc., or turn pages such as victims of stroke, paraplegia or any number of debilitating diseases. It also includes those who cannot process print due to severe dyslexia, developmental disabilities or neurological damage. Colorado has an estimated 52,000 limited-English residents who can use AINColorado as another resource. Functional illiterates (estimated to be 17,000 in Colorado) also find AINColorado of great benefit. All of the above mentioned members of the "print disabled" category can be found throughout Wheat Ridge. With the "graying of America" and the continued allure of Colorado to all people, the number of Wheat Ridge residents who can directly benefit from AINColorado's unique services will continue to rise. Conservatively, AINColorado could be of tremendous service to over 1,500 Wheat Ridge residents alone. NEW CHALLENG TO BE ADDRESSED: AINColorado faces a new and significant challenge over the next 12 months. The U.S. Government has mandated that all existing analog television stations in the United States will go off the air in February 2009. All broadcasts will then become digital including Rocky Mountain Public Broadcasting System's three sister stations. Because our broadcasts originate over the Secondary Audio Programming (SAP) frequency of Rocky Mountain PBS, AINColorado will also be forced to make the same conversion from analog to digital signal. This conversion will have a tremendous impact on the future of AINColorado. When Rocky Mountain PBS begins to broadcast on this new digital sigual, all existing radios which were specially adapted to 2 pick up Rocky Mountain PBS's current analog TV signal will be obsolete. The vast majority of AlNColorado listeners access our programming through our current pre-tuned radios which are all analog. Over a thousand existing listener radios will have to be replaced by a new type of receiver which will be able to pick up the digital signal - a very expensive, time-consuming prospect for us. After February 17,2009, SAP will cease to exist. No provision was made by Congress to require television manufacturers to provide access for the blind to the new digital associated audio channels. Consequently, no manufacturer has done so. Thousands of our blind, visually impaired and print disabled listeners (mostly seniors who rely totally on our radios to access AINColorado programming) will be left with no means to hear us. AINColorado has no choice but to provide these listeners with a new type of digital receiver which can pick up our broadcasting signal. Instead of supplying dozens of radios annually as we have done for the past 16 years, AlNColorado must provide thousands of new digital receivers within a few months, train our listeners in the use of this receiver and bring back the old radios for recycling purposes. AINColorado is leading the way in securing this new type of receiver and making it possible for other reading services nationwide to benefit as well. AlNColorado will require an unprecedented capital outlay to provide for this initial purc,hase of "replacement" digital receivers. All new AlNColorado listeners subsequent to this replacement phase will also be provided with the new digital receivers. Part of this request for funding will be for the purchase of these replacement digital receivers for our current Wheat Ridge listeners and for those new Wheat Ridge listeners who join us in 2008. This will also include home delivery, installation and on-site training in the use of these new receivers. The old radios will be brought back to Boulder for recycling. AINColorado requests $2,500 from the City of Wheat Ridge to provide the following services to blind, visually impaired and print disabled Wheat Ridge residents: . Partial underwriting for Wheat Ridge/ Jefferson County news programs . Embossing/distribution of Braille AINColorado program schedules . Printing/distribution of large print AlNColorado program schedules . Burning/distribution of CD AINColorado program schedules . Recording/distribution of audiocassette AINColorado program schedules . Purchase of replacement digital receivers and/or speaker phones for listeners in private homes or assisted living facilities such as Spring Ridge Park or Day Break at Vista Village. Requests for AINColorado services increase each year. AINColorado applies to a wide range of funding sources including jurisdictions, foundations/trusts, corporations, service and religious organizations, fundraisers and private individuals. Thus AINColorado is not reliant upon anyone source and its funding requests can remain modest. AINColorado asks each jurisdiction to assist in caring for its own blind/visually impaired/print handicapped residents. The amount requested does NOT cover the full cost of providing these services to Wheat Ridge residents but is vital nonetheless. Funding dollars translate directly into additional receivers, program schedules and support services. Other communities who contributed to AINColorado services for their blind/visually impaired/print disabled residents in 2007 include: Arvada, Brighton, Castle Rock, Commerce City, Denver, Estes Park, Grand Junction, Greenwood Village, Loveland, Montrose, Pueblo, Thornton and Westminster. There is no question that AlNColorado services greatly enhance the quality of life for the blind, visually impaired and print disabled by providing access to the same information that sighted persons take for granted every day. This leads to prolonged independence for seniors, heightened self-sufficiency for all, increased opportunities for employment al)d education, less isolation and depression and a means to 3 to remain viable, participating members of their communities. Because this is such a critical funding year for us and because of the need to replace existing radios with digital receivers that will be twice the cost, we are asking for a small increase in this year's grant request. Ms. Geyer, thank you again for your assistance. Please call if you require any further information. I would be happy to meet with you and members of the City of Wheat Ridge City Council to discuss this proposal and answer any questions about AINColorado services. AINColorado also invites you all to visit our main studio in Boulder for a tour and the opportunity to introduce you to some of our incredible volunteers (nearly 300 and growing!). We had a member of the Arvada City Council join us as a volunteer reader and we would love to have Wheat Ridge represented in a like manner! Sincerely, Enc/pvm ATTACHMENTS . Project Budget · AINColorado 2008 Proposed Budget . AINColorado 2006/2005 Audit Report . 501 ( c ) (3) Letter of Determination · AINColorado Board of Directors . AINColorado Brochure . AINColorado Annual Report . Letters of Appreciation . Volunteer Information . Newspaper Articles · AINColorado Program Schedule (large print format) www.stride~co.org Aurora Office: 9801 EastColfax Avenue. Ste 210 Aurora, CO S0010 Office: 303-366~7951 Fax: 303~363-6335 Main Office: 5400 West Cedar Avenue. Lakewood, CO 80226 Office: 303-239-3590 Fax: 303-238-3596 March 21, 2008 Heather Geyer Assistant to the City Manager City of Wheat Ridge Municipal Building 7500W. 29<1> Ave. Wheat Ridge CO 80033 Dear Ms. Geyer Stride is a non-profit organization that assists low income and homeless families to become self- sufficient and independent of government programs. We were founded in 1991 and last year served over 300 families in Jefferson, Adams, and Arapahoe counties. Stride works exclusively with low income families with children, helping homeless families find stable housing and all our families build the skills they need to become self-sufficient. Over the years, Stride has served 89 families in Wheat Ridge and is currently serving nine Wheat Ridge families. We are proud of the success our families have achieved. Nearly 70% achieve their goals and graduates of our Family Self-Sufficiency and Transitional Housing programs have increased their average annual earned income from $5,800 at intake to over $25,000 at graduation. We are asking the City of Wheat Ridge to consider a request for $2,000 from its Outside Agency Contribution Fund targeted to meet the critical short term needs of the families Stride serves. If requested, we would be pleased to limit the expenditure of these funds to families living in Wheat Ridge. A brief proposal is attached that provides background on Stride and the purpose of our request. Thank you for your consideration of this request. Sincerely, :;XI//?IiI? Kenneth Miller Executive Director Stride assists families to become self-sufficient and Independent from government pmgrams. It) I- Z w :IE :c CJ e( l- I- e( STRIDE - BACKGROUND INFORMATION A. Mission - Stride assists low-income and homeless families to become self-sufficient and independent of government programs. Objectives: . To enhance participants employment opportunities through education, job training, and skill building directly related to employment. . To place participants into jobs while keeping them connected to the training and support they need to advance and become economically self-sufficient. . To create opportunities for participants to build financial assets and obtain affordable housing. ' B. History - Stride was formed in 1991 and that year served 50 families in partnership with the Arvada, Jefferson County, and Lakewood Housing Authorities. It now serves almost 300 families each year and has added partnerships with the Aurora and Arapahoe Housing Authorities as well as programs that serve recently homeless families. Soon, we will begin offering case management services to families displaced by the Gulf Coast hurricanes of 2005. From its inception, Stride has focused on individualized case management services to help families become self-sufficient. Now, Stride also offers homeownership progroms, financial literacy classes, and Individual Development Accounts (IDA's) to help families build assets, tutoring and support of after school programs for the children of our participants, and free, refurbished computers to parents that need them to find work or advance in their careers. C. Current Programs - Stride currently has four major program components: Family Self-Sufficiency (FSS) F'''6...m - 156 low-income families with children were served by the FSS program in Fiscal 2007, 90% headed by single mothers. Each family's goal is to maintain stable, full-time employment for a minimum of one year earning more than the Federal Poverty level. Transitional Housing for the Homeless - Stride served 112 formerly homeless families with children in Fiscal 2007. These families receive all the services of the FSS program, plus much more intensive services in fmding and maintaining an ap<uuuent. Children's Program - The Children's fund began in 1996. Stride uses this fund to support tutoring and extra-curricular activities for children. In the last year, seven children received tutoring and 60 were able to participate in extracurricular activities. Stride also facilitates in- kind donations to Stride kids. In 2006, 282 children received holiday gifts. Home Ownership - Stride has helped 34 former welfare recipients become homeowners. Sponsors match funds that Stride clients save for a down payment and closing costs. Volunteer involvement and in.kind contributions - Volunteers are crucial to several aspects of Stride's programs, including Holiday gift donations, the school clothes drive, our Client Awards ceremony, fundraising efforts, and database maintenance. A former Denver Public School teacher volunteers as our Tutoring Program Coordinator, supervising tutors, monitoring the progress of students and coordinating services between Stride staff and the tutors. A team of high tech volunteers converts donated computers into usable systems for Stride families. Through their efforts, Stride has donated nearly 300 computer systems to low-income families, since the beginning of 2000. In addition, a volunteer maintains Stride's website and Stride's network. STRIDE- REOUEST FOR FUNDING Stride has served 89 families with children who live in Wheat Ridge. Nine of our current families live in Wheat Ridge. Last year, Stride served almost 300 families in Jefferson, Adams, and Arapahoe counties. About two out of three of the families we work with graduate from our programs by finding and retaining steady employment for at least a year. The average annual family income at intake is $5,800 per year and over $25,000 at graduation. Activities - Stride helps each family obtain housing and develop a self-sufficiency plan. We then help the family fmd the resources needed to complete the plan. Each plan is unique, so actual services are also unique, but common elements include GED or high school completion, job training, and post -employment coaching. Substance abuse counseling, mental health services. parent training and budgeting assistance are available for families who need it. Stride helps families with emergency financial needs, through its Emergency Loan Fund and helps families build assets through its lndividual Development Account (IDA) and homeownership programs. Our volunteers refurbish computers that we make available to participants to help with their job search or support their career advancement. Case managers work with the family through all stages of the plan, especially during the critical transitions from school to work and from one job to the next, until the family is independent of all major sources of public assistance. Request - Our success through the years makes us confident that most families can succeed if the proper supports are available. While we are able to help families find stable housing and build a plan for their future success, funding limitations are making us less and less able to meet critical short term needs that too often disrupt the progress families are making. Some of the key needs not currently being met include mental health and substance abuse evaluations, basic supplies to set-up a household, transportation assistance (most often bus passes and emergency car repairs), and tutoring for children who have fallen behind in school. We are requesting $2,000 in calendar year 2008 from the Outside Agency Contribution Program to allow Stride to meet these and other emergency needs families face. When these immediate needs are met families can proceed to carry out the next steps in their self-sufficiency plans. If requested, Stride will limit expenditures from this grant to families living in Wheat Ridge. Summary of Our Evaluation Criteria I Expected Outcomes How Measured FY 07 Results 80% of current Family Self-Sufficiency (FSS) Comparison of specific goals of 76% clients will meet or exceed the goals of their the plan with client progress. self-sufficiency plan 90% of current FSS clients will be employed or Actual client activity. 92% actively involved in education; job training, or job search activities 70% of current FSS clients will maintain steady employment for at least one-year with earnings that exceed twice the federal poverty level within four years of entering Stride's programs. Client report, verification authorities. with back up 66% by housing \ , .~ A Ministry (){ S ,rvie, Volunteers of America Colorado Branch 2660 Larimer Street Denver, Colorado 80205 Tel: 303-297-0408 Fax: 720-264-3306 www.voacolorado.org January 14,2008 ra D ga . 0, Exe~e-Assistlnt City anager s Office .___u_~ City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80215-6713 Dear Ms. Delgadillo: Bryan J. Pulte Board Chair Dianna L. Kunz President Please find enclosed a report on services provided by Volunteers of America Nutrition Programs in the City of Wheat Ridge in 2007. Also enclosed is a request for funding for these programs for 2008. Volunteers of America Colorado Branch respectfully requests $4,630 from the City of Wheat Ridge for nutrition services to be provided in 2008. Services to be provided include congregate nutrition at the Wheat Ridge Senior Center and home-delivered meals through Meals on Wheels. The funding requested would fulfill the requirement for local matching funds from cities and counties receiving nutrition services through providers such as Volunteers of America under the Older Americans Act. The requested funding would help us continue to provide a consistent level of service to meet the demand for this assistance in the City of Wheat Ridge. The need for these services is greater than ever before. Some have even said we are in the midst of a "Silver Tsunami" -- an onslaught of increased demand for services for the elderly as the result of an unprecedented aging of Colorado's population. (Our region's senior population is growing faster than any other age group. It is expected to more than double by 2020, when one in four residents will be sixty years of age or older.). Indeed, the data already demonstrates a sizeable unmet need. A report prepared for the Denver Regional Council of Governments identified "a large need for meals" among elderly in the eight- county DRCOG region. Researchers estimate that only 23 percent of the seniors who need home-delivered meal services are cnrrently being served; and less than seven percent (7%) of seniors who need congregate meal services cnrrently receive them (Strengths and Needs Assessment of Older Adults in the Denver Metro Area, October 2004). We recognize that the City has many demands on its resources. Weare grateful that providing basic services, such as food for its elderly citizenry, has been one ofthe City's priorities. In past years, local funding from the City of Wheat Ridge has enabled Volunteers of America to provide crucial nutrition services to vulnerable seniors without lengthy delay and without denying services to those who are eligible and in need. Northern Colorado Services Foster Grandparents Handyman Program Nutrition Services for the Elderly Retired & Senior Volunteer Prog= Nutrition Services City Harvest Gilpin/Clear Creek Transpomtion Program Head Start Food Service Meals on Wheels Seniors' Nutrition Program Affordable Housing Centennial Towers, Montrose Grandview Apartments, Grand Junction Heaven's View Apartments, Delta Laurel Gardens, Colorado Springs . Meadowlark Court, Montrose Montbello MlUlOr, Denver Pavilion Gardens, Montrose Sanctunry Apartments, Fort Collins Summit Apartments. Colorndo Springs Sunset Park Apartments, Denver Sunset Towers Apartments, Denver \'(lestgate Towers, Denver Health Care Heritage Senior Homes, Grand Junction Home Health of Western Colorndo Homestead, Montrose Horizon Care Center, Eckert Laurd MlUlor, Colorndo Springs Valley Manor, Montrose Western Colorado Services Durango Community Shelter Durango Thrift Store SouthwestSafehouse Volunteer Services Foster C'~"":r~'-"~ Prop;rnm Junior Volunteer Program Larimer Lofts Retired & Senior Volunteer Progr:un SOS/Handyman Program Sunset ParkSeniorCentCt Volunteer Program Residential, Youth & Emergency Services Adult Rehab Program Brandon Center ChurchSenrices Famil\'Motcl Head'Start Lima Street Women's Residence Prerogatives Rainbow House Theodora House Transitional Housing for Homeless Youth and Young Families MlleHlghUnltedway lilt U) I- Z w :is :c CJ e( l- I- e( On behalf of Volunteers of America, thank you for your consideration ofthis request. We look forward to an on-going partnership with the City of Wheat Ridge to serve the frail and elderly population and to help them remain healthy and living independently in their own homes as long as possible. Please do not hesitate to call me at 303-297-0408 if you have questions concerning this request or need any additional information. Sincerely, f'\ _'_"_~"_ /)/I.~~--I ,r"- Mary E. Davis Grants Manager, Nutrition Services VOLUNTEERS OF AMERICA COLORADO BRANCH NUTRITION PROGRAMS FOR THE ELDERLY REPORT ON SERVICES PROVIDED IN THE CITY OF WHEAT RIDGE IN 2007 In 2007, Volunteers of America served 7;651 meals to 293 elderly individuals in the City of Wheat Ridge through its Meals on Wheels and Seniors' Nutrition Programs. These programs provide meals, nutrition education and counseling, and information and assistance to at-risk seniors to help them maintain their health, independence and quality of life. Services are provided to higWy vulnerable older adults, targeting minorities, those on low incomes, the frail and disabled, and those otherwise at increased risk for malnutrition. Volunteers of America Meals on Wheels Program provides nutritious, home-delivered meals to homebound elderly individuals residing in Wheat Ridge who are unable to grocery shop or prepare meals for themselves due to physical limitations, disability, lack of transportation and/or poverty. Unlike a food bank, meals are delivered to the home, ensuring that clients not only receive the food they need, but also have the assurance of a regular visit from a volunteer to check on their safety and well-being. Often, the volunteer is the only person the client has contact with each day; their visits are a critical component of the service. 14 homebound seniors in Wheat Ridge received 1,934 home- delivered meals in 2007 at a cost of $6.59 per meal (Federal/State funds expended). Volunteers of America Seniors' Nutrition Program offers congregate dining services to area seniors Monday through Thursday at the Wheat Ridge Dining Center. This community-based nutrition program provides nutritious noon meals, along with companionship and opportunities for socialization. 279 seniors attended the Wheat Ridge dining center in 2007. 5,717 meals were provided at a cost of$5.87 per meal (Federal/State funds expended). Nutrition services for the elderly were provided in Wheat Ridge in 2007 in part with in-kind funds from the City in the amount of $3,850. Cities and municipalities served by Nutrition Programs for the Elderly are asked to provide local support equal to 10% of the Federal and State funding expended on services within each area. A total of $46,304 in Federal/State funds was expended for nutrition services for the elderly in the City of Wheat Ridge in 2007. Support from the City of Wheat Ridge enabled Volunteers of America to provide critical nutrition services consistent with the current level of need within the community. Volunteers of America expects very similar units of service and unduplicated number of individuals to be served in 2008 in the City of Wheat Ridge. ~...( ~ or City of ?WheatR:L-dge ITEM NO: ~I REQUEST FOR CITY COUNCIL ACTION ~~ n[[n ~~ COUNCIL MEETING DATE: April 14, 2008 TITLE: COUNCIL BILL 02-2008 - AN ORDINANCE AMENDING CODE OF LAWS SECTION 26-711, CONCERNING BILLBOARDS IN THE B- 2 BILLBOARD DISTRICT AND REPEALING SECTION 26-711.B (public Hearing continued from 2/25/2008 with new public notice published for the continuation ofthe public hearing on 4/14/2008.) ~ PUBLIC HEARING o BIDSIMOTIONS o RESOLUTIONS o ORDINANCES FOR 1sT READING (01128/2008) ~ ORDINANCES FOR 2ND READING (02/25/2008) Quasi-judicial: ~ ~{'\ . ~~ - . !Tector uf Co Umun t YES e~~ent ~ NO Ci~~~ EXECUTIVE SUMMARY: The current section of the Zoning Code that regulates billboards is not specific in regards to implementation and permitting processes. The lack of specifici~ has resulted in a need to develop administrative procedures to deal with instances of billboard vacancies and the procedures for filling those vacancies. The administrative procedures used in the past have been called into legal question in some instances. Upon Ci~ Council's direction, the Communi~ Development Department has drafted more specific and defmed procedures and regulations, with the intent of alleviating some of the procedural uncertainties. The Zoning Code currently allows a maximum of 16 billboards in the B-2 billboard district. Ci~ Staff held a public stakeholders meeting in December to gain input, and has conducted working sessions with industry professionals. The proposed ordinance would increase the number of allowed billboards within the B-2 district from 16 to 18. The ordinance also creates an equitable system to determine who is entitled to erect a billboard in the event of a vacancy. COMMISSIONIBOARD RECOMMENDATION: The Planning Commission reviewed the ordinance on January 17,2008 and recommended approval with the following staff recommended conditions: 1. Add B.1.e which states: "Failure to notify the Department of intent to temporarily remove a billboard structure". 2. Remove all references to the 10-day window and replace with 'application period' . 3. Change the 30-120 day lottery window to a 60-90 day lottery window. 4. Add the following language to F: "With respect to any single location within the B-2 billboard district, only one application will be entered into the drawing. In the event multiple applications for a single location are submitted, none will be entered into the drawing unless all but one are withdrawn." Additionally, Planning Commission recommended the following conditions of approval: 5. Increase the maximum allowed height of billboards from 32 feet to 45 feet. 6. Decrease the billboard spacing requirement from 600 feet to 500 feet. The first four recommendations were included in the 1 sl reading ordinance as passed by City Council and published. The fifth and sixth recommendations are not included in the ordinance as currently drafted, and should be discussion items at the City Council public hearing. There were a few attendees at the Planning Commission meeting who spoke in reference to the proposed ordinance. While some offered suggestions to the language or development standards proposed, all offered support of the ordinance. STATEMENT OF THE ISSUES: The first several paragraphs in this section of the report are repeated from the previous Council Action Form that was part of the February 24 public hearing. This section concludes with a staff summary and response to some of the issues that were raised at the previous public hearing and in subsequent correspondence from the billboard industry representatives. Throughout the billboard permitting and billboard ordinance code rewrite processes, there has perhaps been one primary underlying policy question under discussion: Who 'owns' the permit or entitlement? In staff's research, each surrounding community handles permit ownership differently; some attach the ownership to the property owner, others to the permit holder. This issue is somewhat unique in respect to billboards, as the City has chosen to establish a maximum number of allowed billboards, making the ability to erect a billboard a valuable entitlement. The proposed ordinance was crafted with the assumption that the permit would belong to the property owner as is typical for most land use entitlements. When the property owner chooses to relinquish the billboard permit, thereby relinquishing the right to have a billboard, the permit and billboard right would expire. The billboard company who may own the actual billboard structure is able to secure any additional "ownership rights" through the leasehold contractual relationship they have with the property owner. As is typically the case in property issues, the City is not party to nor necessarily aware of the details of those private contractual relationships. As drafted, the advertising company who erects the billboard would not be able to transfer the billboard right to another willing property owner. The intent was that the lottery system would create a fair and equitable environment for all property owners in the B-2 district to have a chance at securing a billboard permit as vacancies become available. During the fust reading of the ordinance, City Council adopted certain language amendments, including a section "K", which read: Assignment of billboard permit. A current and valid billboard permit shall be freely assignable to a successor, as owner of the property where the billboard is located or of the leasehold of the billboard, subject to filing such application as the Community Development Director may require and paying applicable fees. The assignment shall be accomplished by filing and shall not require approval. Other first reading language amendments related to additional notification requirements to billboard advertising companies that are party to a permit. Community Development staff reviewed the I st reading ordinance with the City Attorney's office and we also received comments from some sign industry representatives who have been involved in the code rewrite process. Based on those discussions and clarification on the policy intent with Councilmember Berry, Staff is proposing 2nd reading amendments that relate primarily to changes to Section K. Staff is proposing that Section K be removed and replaced with a new section K that establishes requirements that all existing billboards be "registered". This will allow staff the ability to more easily notify property owners and billboard structure owners in the event of vacancies, abandonments, etc. Staff is also proposing that the definition of "property" be clarified and that two references to "location" be changed to "property" as defmed in the ordinance. Staff's proposed 2nd reading amendments are included in a second version of the proposed ordinance, attached to this Council Action Form, with the proposed changes highlighted. In regards to the transferability of billboard property rights, staff believes that as a matter of general land use law in the City a valid billboard permit or registration is transferable from the existing property owner to a future property owner. It is Staff's belief that property rights, such as valid billboard permits, are automatically transferred upon sale of property and do not need to be assigned to a successor or future property owner. It should also be noted that the primary reason for including the "temporary removal" provisions in the proposed ordinance is to allow a property owner the ability to negotiate a new lease with a new billboard company if they so choose without losing their existing billboard entitlement. So long as the new billboard structure could be installed in compliance with the current zoning and building code requirements and any previously issued billboard permits, that change would be allowable without the City's "1'1'<.., /al of a new billboard permit through the lottery process. Building permits would be required. To the extent that staff has not captured City Council's intent in addressing the ownership of the billboard property rights, staff would request further discussion and direction at the public hearing. April 14 Staff Update follows: Height. Some members of the industry have requested an increase in the maximum billboard height from 32 to 45 feet. Staff believes that as the height of a billboard increases, the impact on adjacent property owners also increases. We believe it is appropriate to limit billboards to 32 feet and allow future billboard applicants the ability to request variances to that height requirement through the administrative or Board of Adjustment processes. The criteria for reviewing a variance would allow those future applicants to make the types of arguments for a height increase that are being argued in some of the correspondence from the billboard industry. Senaration. The Planning Commission recommended and staff concurs that making the spacing or separation requirement consistent with CDOT requirements is logical, and requires a decrease in the minimum spacing from 600 to 500 feet. This recommendation is reflected in the additional staff conditions included at the conclusion ofthis report. Setbacks. Staff understands that the setback requirement proposed may make it difficult for some property owners to identify a permissible location for a billboard on their property. We also believe that the height of a billboard bears a direct relationship on the amount of impact the billboard structure has on adjacent properties and we support the existing setback recommendations. However, we do acknowledge that the intent of the temporary removal section of the proposed ordinance is to allow a replacement in like kind and recommend that the situation be allowed, provided the level of non-conformity is not increased. This recommendation is reflected in the additional staff conditions included at the conclusion ofthis report. Lighting. There have been several issues that have come up in relation to different types of lighting technology that might be used to allow for the latest in technology, while preserving the Cities desire to limit light spill and light pollution. Three specific technologies and/or installation approaches are worthy of additional discussion. o Downcast vs. Uncast Lil!htine;. The Planning Commission recommended requiring that only downcast lighting be used to illuminate Billboards, which is reflected in the versions of the ordinance before City Council. The intent of that requirement was to address the concern with overly illuminating the night skies. While the intent is appreciated, the sign industry would like the ability to use exterior up-lighting, which they believe can be installed in a less visually obtrusive manner than the down lighting, which must extend several feet out from the billboard structure in order to provide adequate illumination to the billboard content. Staff can appreciate this concern and could support this recommendation provided that the up- lighting be fully contained by the sign face and not spill off the edges of the sign face. If Council agrees that up-lighting would be appropriate, staff has provided an additional condition at the conclusion of this report, which could be included in your motion. o Internal Illumination or ..Backlil!htinl!.... At the February 25 public hearing a comment was made that internal illumination or backlighting of signs should also be allowed. This type of technology, while typical for existing billboards in Wheat Ridge would be similar to the type of lighting used on most ground mounted monument signs that are typical along commercial corridors. While not currently a common approach to illuminating billboards in Wheat Ridge, staff does not believe it to be inappropriate, provided the level of illumination would not be excessive to the point of becoming a lighting nuisance. Staff has included a condition at the end of this report, which could be adopted in City Council's motion of Council desires to allow this type of illumination. o LED Lil!htin~. In previous discussions and correspondence, in particular testimony from Lamar Advertising, an interest in using digital light emitting diode (LED) technology has been expressed. The interest to use this lighting technology has been expressed primarily as a technical means of achieving changeable advertising copy through the technology referred to as Commercial Electronically Variable Message Signs (CEVMS), which are specifically prohibited in current drafts of the ordinance. While staff does not support the variable message signs at this time (see comments in next section), we do not object to the lighting technology itself, which can result in high quality images with illumination levels that adjust to variable ambient lighting conditions. If Council wishes to allow the LED digital lighting technology, staffhas included at the end of this report a recommended condition that could be added to a City Council motion, which would allow digital LED lighting. Chanl!eable CODV. The City allows changeable copy on non billboard signs in the community, provided the copy does not change more frequently than every 15 seconds. However, changeable copy on billboards, which are oriented toward a highway driver operating at significantly higher speeds, raises the potential for additional traffic safety concerns. At the previous public hearing some members of the billboard industry requested that this issue be reconsidered. City staff has reviewed two traffic analyses provided by the sign industry and we have also obtained a Maryland State Highway Commission Traffic Study that reviews and is critical of the fmdings of the studies that have been commission by the sign industry. Based on the information available, staff does not believe the potential for traffic safety concerns has been sufficiently alleviated for us to be able to support changeable copy on billboard signs. As a side note, we are aware that the Federal Highway Administration is considering commissioning a study on this issue, the results of which might establish a federal standard. COrresnondence from Daniel M. Scherer. The basic issue Mr. Scherer raises in his letter is the notion that the ordinance is currently structured to give the property owner greater rights of ownership of the billboard entitlement than the billboard structure owner. He is correct. This was discussed in the Council Action Form for the 2/25/08 public hearing and repeated in a previous paragraph of this report. He is also correct in his review of the intent of the temporary removal provisions, which allow a property owner time to negotiate with and have a new billboard company install a new billboard under an existing billboard entitlement. His requested solution would allow a billboard structure owner the right to notify the City of an intent to abandon an existing billboard, thereby taking the billboard right away from the property owner and triggering a Billboard Vacancy and a subsequent open permit application process. Staff believes it is important to point out that this could then have an equal effect of taking the majority of a property owner's rights away, as a billboard structure owner would have significantly less incentive to negotiate in good faith with an existing billboard property owner if they had the leverage to declare the site abandoned and create a vacancy that they could apply to fill on another property. Staff does not disagree with the technical approach that Mr. Scherer has proposed to achieve their stated intent, but wanted to call attention to the policy implications of making that change, for City Council to consider. ALTERNATIVES CONSIDERED: None. FINANCIAL IMPACr: The proposed ordinance lays the groundwork for an administrative fee system for billboards. All new billboards would be subject to an application fee and inspection fee. An annual registration fee could also be established if City Council recommends. Additional legislation has been discussed to establish an impact fee, but that is not part of this current ordinance. RECOMMENDED MOTION: OPTION 'A' If Council desires to approve the Ordinance as published on 1 st reading: "I move to approve Council Bill 02-2008. case number ZOA-07-01, An Ordinance Amending Section 26-711 of the Wheat Ridge Code of Laws, on second reading to take effect 15 days after final publication." Or, OPTION 'B' If Council desires to include staff recommended changes on 2nd reading: "I move to approve Council Bill 02-2008. case number ZOA-07-01, An Ordinance Amending Section 26-711 of the Wheat Ridge Code of Laws, on second reading to take effect 15 days after final publication, with the following second reading amendments: 1. Delete Section K, to be replaced with a new Section K reading as follows: "Registration of Billboards. All billboards which are in existence as of April 1 , 2008 shall be required to register with the Community Development Department. The registration shall be used solely for contact with either the property owner or structure owner. For billboards in existence as of April 1, 2008, failure to register said billboard by June 30, 2008 will render the billboard abandoned, and the procedures in subsection D shall be followed. The City shall supply the registration form"; 2. Add a definition for "property", reading: "Property. For the purpose of this section a lot of record which is identified by a singular and unique Assessor's Parcel Number (APN)"; 3. Change all references in the ordinance to the word "location" to the word "property"; and 4. Add a section B.l.e to the ordinance, reading: "failure to register an existing billboard by June 30, 2008." The following additional recommended second reading amendments are based on the staff recommendations in the updated information provided for this meeting. These would be additional conditions. 5. Increase the maximum allowed height of billboards from 32 to 45 feet. 6. Decrease the billboard spacing requirement from 600 to 500 feet. 7. Section 711-A.12 of the proposed ordinance shall be amended to allow exterior up-lighting of a billboard, provided no light spills off of the sign face. 8. Section 711-A.12 of the proposed ordinance shall be amended to allow interior illumination of signs (backlighting). 9. Section 711.A.12 of the proposed ordinance shall be amended to allow digital LED lighting provided it is not used to achieve animation or any type of changeable copy. Copy shall be allowed to change up to once daily. OPTION 'c' If City Council wishes to adopt some or all ofthe conditions listed in Option 'B', but determines a need to review a new version of the ordinance reflecting said conditions: "1 move to direct staff to amend Council Bill 02-2008, case number ZOA07-01, An Ordinance Amending Section 26-711 of the Wheat Ridge Code of Laws, to Reflect Conditions _ to _' and to Bring Back the Ordinance for Final Action at the City Council meeting." ATTACHMENTS: I. Council Bill 02-2008 (as passed on I st reading and fublished) 2. Council Bill 02-2008 (with staff recommended 2" reading amendments as presented at the February 25 City Council meeting) 1 ST READING ORDINANCE - AS PUBLISHED CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER R ~R1({ ~ Council Bill No. 02-2008 Ordinance No. 14-0~ Series of 2008 TITLE: AN ORDINANCE AMENDING CODE OF LAWS SECTION 26-711, CONCERNING BILLBOARDS IN THE B-2 BILLBOARD DISTRICT AND REPEALING SECTION 26- 711.B WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority pursuant to Article XX, Section 6 of the Colorado Constitution and, inter alia, C.R.S. 31-23-101 et seQ. and 29-20-101 et seQ. to regulate the use of land and structures thereon; and WHEREAS, pursuant to this authority, the City Council has previously enacted Section 26-711 of the Code of Laws, concerning billboard signs in the B-2 District; and WHEREAS, said Section 26-711.C currently permits a maximum of sixteen (16) billboards in the B-2 District and the City Council finds that an increase to the maximum allowed number of billboards would not be detrimental; and WHEREAS, at the time of adoption of this Ordinance, the maximum sixteen billboards are in place in the B-2 District; and WHEREAS, the billboard limitation has been difficult to administer in practice, owing to the difficulty in determining when individual billboard leases cease or are terminated; and WHEREAS, the City Council has determined that in order to eliminate these administrative difficulties, Section 26-711 should be amended to provide regulations which clarify when a new billboard is permitted in the B-2 District; and WHEREAS, the City Council has determined that animated billboards distract motorists and can cause a significant traffic hazard; and WHEREAS, the City Council has determined that an amended fee schedule is necessary to offset City Staff review and preparatory time in processing applications for billboard permits, and that the collected fees could be used to combat the blight created by large advertising structures; and WHEREAS the City Council finds that Code Section 26-711.B, concerning billboards in the B-1 District is no longer necessary as all billboards in the B-1 District were removed prior to January 1, 1996. 1 ATTACHMENT 1 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-702 of the Wheat Ridge Code of Laws is amended to include the following definitions: Billboard removal. When a billboard is not capable of displaying advertising. A billboard is considered removed when the supporting pole or structure is not present. Commercial electronic variable message signs (CEVMS). An advertising device which changes its advertising message by electronic or digital process or by remote control, or which uses rotating slats, moving or reflective disks, light emitting diodes (LEDS), glow cubes, or other means of changeable illumination. A sign which utilizes a message which must be incrementally updated to reflect a change in status, such as an updating monetary total on a lottery billboard, shall not be considered a commercial electronic variable message sign. Changeable copy messages which update the entire message on a pre- determined timeframe shall constitute a CEVMS. Temporary billboard removal. When either the advertising copy area or support pole or structure of a billboard, or both, are removed from a property for a period not to exceed 180 calendar days. If the temporary removal is for a period which exceeds 180 calendar days, the billboard structure shall be deemed abandoned, as described in subsection B. Temporary removal shall not apply to routine maintenance such as painting or message replacement. These activities may occur without notification or need to secure a building permit. Billboards which are non-conforming pursuant to the regulations of the Colorado Department of Transportation must follow the requirements of that Department concerning removal and reconstruction. Section 2. Code of Laws Section 711 is amended to read: A General provisions. 1. For the purpose of this subsection A, a portion of the city is designated as the B-2 billboard district, divided int!;) t".'e (2) llillbeard districts; ~ 1 aad B 2, as shown on the official billboard zoning map of the city and incorporated herein as seen below. Billboards are only allowed within the B-2 billboard district. Properties within the B-2 district must be zoned NC, R-C, C-l, C-2, I, PCD or PID and must comply with the applicable city, state and federal restrictions to be eligible as a site upon which a billboard may be permitted. 2. Billlleard stmet.rr:: c.::: :2.1:-;.-ed ill the city, as Jlrevided by this seetiell; Jlfll\-;;bl, :hat aAny application for a billboard proposed to be located, relocated or rebuilt within six hundred sixty (660) feet of the right-of-way line of any state or federal highway shall be accompanied by written approval by the state or federal agency of jurisdiction. 2 3. SetkZh3 sh:o.!1 be as reEtffirecl for " principal stflIetllfe in the ZOHiRg clistrict ,::here located. Maximum number allowed is eighteen (18). 4. Roofbillboards are not allowed. 5. All new billboards shall be of the monopole type, unless prohibited by soil conditions as certified by a professional engineer. Billboards may be either a 'v-style' orientation which contains advertising on each visible face or a single advertising copy structure with back-to-back advertising copy areas. 6. Existing billboards are to be maintained in a neat and safe condition. The property located within a 50 foot radius of the support structure of any billboard shall be well maintained and kept free of weeds, trash and debris. The maintenance area shall only extend to the property on which the billboard is located. proyiclecl, that HNo existing billboard may be rebuilt or replaced except in conformance with these regulations; and provided, that when, in the opinion of the building inspector, the safety of an existing billboard is questionable, the billboard owner shall either remove the billboard within thirty (30) days of notification or shall furnish a certificate from a Colorado-registered professional engineer with a specialization in civil, structural or mechanical engineering to its safety. 7. Maximum size of the advertising copy area shall not exceed seven hundred fIfty (750) square feet per side. 8. Setbacks shall be as required as follows: a billboard must be located at least fifty (50) feet from any right-of-way; the setback from all other property lines shall be equal to the overall structure height. Setbacks shall be measured from the closest point of the billboard structure perpendicular to the nearest property line. 9. Maximum height of the billboard structure shall be thirty (32) feet. 10. No new billboard may be located closer than six hundred (600) feet (measured from the closest point to each structure) to any other billboard facing in the same direction on the same roadway as defined by roadway name or number. 11. Non-conforming billboards are subject to the provisions of section 26- 707. 12. Any lighting which illuminates a billboard shall be fully shielded, downcast, and shall not int",. ;"'. '" with any driver's vision on adjacent roadways. 13. Commercial electronic variable message signs (CEVMS) or any other type of animated billboard signs which use either actual or implied motion, are prohibited. B. JJ 1 District. ~n lL'li ::!':er JaHIlU'j I, IlJlJS,-billhzads llfe prohibitecl ill the B 1 clistrict. Abandoned billboards. 1. A billboard shall be deemed abandoned if: a. a billboard structure is removed without first securing a building permit for the demolition of the structure, 3 b. temporary removal exceeds the lS0-day period as described in subsection C, c. the property owner notifies the Community Development Department of its intent to abandon the billboard structure and relinquish any right to maintain such structure, d. Failure to notify the Department of intent to temporarily remove a billboard structure, or e. If a billboard is considered abandoned, the Community Development Department shall notify the billboard structure owner and the property owner by certified mail. For purposes of notification, the owners of record shall be those listed on the billboard permit. 2. If the owner of the property upon which a billboard structure is located notifies the Community Development Department by notarized letter that he or she relinquishes the right to a billboard on the property described, the billboard is deemed abandoned. For the purpose of the structure, the term 'property owner' does not include the owner of the billboard structure, unless the owner of the billboard structure also owns the underlying real property. 3. Once a billboard is abandoned and the owner of the billboard structure notified, the owner of the billboard structure shall have 30 days to remove the structure. If an abandoned billboard is not removed within 30 days of notification, the City shall cause the structure to be removed consistent with section 15, article II of this Code. Once an abandoned billboard has been removed, a vacancy is established for purposes of Sections 71l.A.3 and 71l.D. C. Temporary billboard removaL The property owner upon which the billboard structure is located shall notify the Community Development Department in writing prior to any temporary removal. A building permit must be applied for and obtained for the temporary removal. Failure to obtain a building permit for the temporary removal of a billboard structure, or failure to notify the Department of any temporary removal shall constitute billboard abandonment, as defined herein. If a billboard is removed on a temporary basis, any non-conforming structure must be reconstructed in conformance with these regulations. D. Billboard vacancy. Following billboard abandonment, the Community Development Department shall notify every property owner in the B-2 district by certified mail announcing the billboard vacancy. An advertisement shall also be placed in the local newspaper notifying of the same. The notification will specify a date by which all applications must be submitted to the Department for a billboard permit. 4 The application period shall occur no sooner than sixty (60) days and not later than ninety (90) days after publication ofthe notification ofvacancy. The application period shall conclude at 5 p.m. on the stated day. If the ending day falls on a Saturday, Sunday or observed City holiday, the application period shall be extended to 5 p.m. on the next regular working day. Only one application per property may be submitted for inclusion in the drawing. In the event that no complete applications are submitted for inclusion in the drawing, the Department will process applications thereafter on a first-come, first served basis. If multiple applications are submitted in this instance, the requirements of subsection F shall be followed. E. Permit submittal requirements. The application for a billboard permit shall include the following: 1. a completed building permit application form signed by both the proposed billboard structure owner and the property owner, 2. a letter from the applicants acknowledging that the applicants believe that the proposed billboard structure complies with C.R.S. 43-1-401 et sea., and the rules and regulations of the City of Wheat Ridge, 3. the billboard application fee, as required by subsection I, 4. copy of the property deed where the billboard structure will be placed, 5. a site plan which details the location of the proposed billboard structure in relation to property lines and all existing structures, 6. a certified survey ofthe property, 7. a detailed elevation sheet of the proposed billboard structure, and 8. certified engineering details of the proposed billboard structure, including foundation details and proof that the underlying soil is adequate to support said structure. F. Multiple applications. If more than one application for a billboard permit has been submitted prior to the end of the application period as specified in the public notice, all applications which include all the required submittal items shall be entered into a drawing by lot. With respect to any single location within the B-2 billboard district, only one application will be entered into the drawing. In the event multiple applications for a single location are submitted, none will be entered into the drawing unless all but one are withdrawn. The drawing shall occur immediately after the completeness review, as specified below in subsection G. All parties who have submitted valid applications as described above shall be invited to witness the drawing. G. Completeness review. The permit applications shall undergo a cursory review for completeness of the permit submittal requirements prior to the drawing; if an application does not contain one or more of the submittal items listed in 5 subsection E, the application shall be returned with an explanation of deficiency and may not be corrected and resubmitted for inclusion in the drawing. H. Detailed review. At the conclusion of the drawing, the Community Development Department shall perform a detailed review of the chosen application. If any technical corrections are needed, the chosen applicant shall correct said deficiencies. I. Fees. 1. A billboard application fee shall be required at time of submittal of each application for a billboard structure. A billboard inspection fee and standard building permit fee as set by the Building Division shall be required for any issued building permit for a new or relocated billboard structure. 2. Application and inspection fees shall be established by the Community Development Director and are detailed on the fee schedule kept in the Community Development Department for public inspection. J. Expiration. A permitted billboard must be erected within one hundred eighty (180) days of issuance of the building permit. If the structure is not erected within this 180 day period, the ability to erect a billboard and the building permit for the same shall be deemed forfeited. The Community Development Department will then follow the procedures listed in subsection (D) for a billboard vacancy. K. Assignment of billboard permit. A current and valid billboard permit shall be freely assignable to a successor, as owner of the property where the billboard is located or of the leasehold of the billboard, subject to filing such application as the Community Development Director may require and paying applicable fees. The assignment shall be accomplished by filing and shall not require approval. 6 Section 3. Figure 26-711.1 is hereby amended to delete the reference to the B-1 District. liiiboammmal 00 .~ , fi~~T ~. j · I ! , I, 1 :,;21- ,1' ~ e, 1- '1"'-1' r~l' 1-"- I' - '-1 :f-' I, f- I' " '1 'TI,I1,' - v ,"1,111"="_JI,1'; " -'I _'_ 'I, I' ,'I r f- 1 I I I I l 2-,' I JI :,'1, · : -, I!: I _': !_,L I !,' II. --... ['I -ill' II :1,1,1 I~+_L 1- l'I'II'~1 ~,; l) '+,1 ; H t I J I I I I i -I' ,I c 1-,- I ,', J ,_ r I,!I' ,,'1 :, ! _' ,-' I,c, 'I ,- I ' ' - 'I' I' J ".ell ' L__Jl, ~.: ,I, J::-fll. i ~ ;.1' I ' I', ]00- -L -,-,-'; '1-"- '-.l_j ; , I ~ I I I ! i 'I '! I[ 'I I 1 I I 'f:: ' II J'~"" , I 'j J, , ~~~, I _~ -~ - - ~I_fl' Jllf I _~:J+ ",~I, ' "i~'.'l"~ , ,j ,-, J'rl_III".tJjT", .:--~II -ill 'H'II L L...... - " ----W- I ~' "j II I~l ~ 111' ~ I r ,I r} ~I i 'no; ! I lC-] ': - j > ,- I L ~ I I i "~I--;.~ f " '.,' Section 4. Section 711.C is hereby repealed. Section 5. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 28th day of January, 2008, 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 February 25, 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2008. 7 SIGNED by the Mayor on this ATTEST: Michael Snow, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: day of _ .2008. Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney 8 STAFF PROPOSED 2ND READING EDITS CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ,~ E. R.Q,,\ Council Bill No. 02-2008 Ordinance No. 14-0 ~ Series of 2008 TITLE: AN ORDINANCE AMENDING CODE OF LAWS SECTION 26-711, CONCERNING BILLBOARDS IN THE B-2 BILLBOARD DISTRICT AND REPEALING SECTION 26- 711.B WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority pursuant to Article XX, Section 6 of the Colorado Constitution and, inter alia, C.R.S. 31-23-101 et seq. and 29-20-101 et se<l. to regulate the use ofland and structures thereon; and WHEREAS, pursuant to this authority, the City Council has previously enacted Section 26-711 of the Code of Laws, concerning billboard signs in the B-2 District; and WHEREAS, said Section 26-711.C currently permits a maximum of sixteen (16) billboards in the B-2 District and the City Council fmds that an increase to the maximum allowed number of billboards would not be detrimental; and WHEREAS, at the time of adoption of this Ordinance, the maximum sixteen billboards are in place in the B-2 District; and WHEREAS, the billboard limitation has been difficult to administer in practice, owing to the difficulty in determining when individual billboard leases cease or are terminated; and WHEREAS, the City Council has determined that in order to eliminate these administrative difficulties, Section 26-711 should be amended to provide regulations which clarify when a new billboard is permitted in the B-2 District; and WHEREAS, the City Council has determined that animated billboards distract motorists and can cause a significant traffic hazard; and WHEREAS, the City Council has determined that an amended fee schedule is necessary to offset City Staff review and preparatory time in processing applications for billboard permits; and WHEREAS the City Council finds that Code Section 26-711.B, concerning billboards in the B-1 District is no longer necessary as all billboards in the B-1 District were removed prior to January 1, 1996. ATTACHMENT 2 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-702 of the Wheat Ridge Code of Laws is amended to include the following definitions: Billboard removal. When a billboard is not capable of displaying advertising. A billboard is considered removed when the supporting pole or structure is not present. Commercial electronic variable message signs (CEVMS). An advertising device which changes its advertising message by electronic or digital process or by remote control, or which uses rotating slats, moving or reflective disks, light emitting diodes (LEDS), glow cubes, or other means of changeable illumination. A sign which utilizes a message which must be incrementally updated to reflect a change in status, such as an updating monetary total on a lottery billboard, shall not be considered a commercial electronic variable message sign. Changeable copy messages which update the entire message on a pre- determined timeframe shall constitute a CEVMS. Property. For the purpose of this section, a lot of record which is identified by a singular and unique Assessor's Parcel Number (APN). Temporary billboard removal. When either the advertising copy area or support pole or structure of a billboard, or both, are removed from a property for a period not to exceed 180 calendar days. If the temporary removal is for a period which exceeds 180 calendar days, the billboard structure shall be deemed abandoned, as described in subsection B. Temporary removal shall not apply to routine maintenance such as painting or message replacement. These activities may occur without notification or need to secure a building permit. Billboards which are non-conforming pursuant to the regulations of the Colorado Department of Transportation must follow the requirements of that Department concerning removal and reconstruction. Section 2. Code of Laws Section 711 is amended to read: A. General provisions. 1. For the purpose of this subsection A, a portion of the city is designated as the B-2 billboard district, divided into two (J) ~illl:::ed-tlist;:;,;t.::, E-l- lIIit! B 2, as shown on the official billboard zoning map of the city and incorporated herein as seen below. Billboards are only allowed within the B-2 billboard district. Properties within the B-2 district must be zoned NC, R.C, C-I, C-2, I, pcn or PIn and must comply with the applicable city, state and federal restrictions to be eligible as a site upon which a billboard may be permitted. 2. Billboard straetHres are allm.ved in the eit';-, es jOr:wiEieil ~7 tlliJ seetieR; jlK-::a::a, :hat aAny application for a billboard proposed to be located, 2 relocated or rebuilt within six hundred sixty (660) feet of the right-of-way line of any state or federal highway shall be accompanied by written approval by the state or federal agency of jurisdiction. 3. Setbaeks shall be as refJlIired f,,;~ a i>L.<>~p.J strHemre in the zaRing distriet '.vftere leeated. Maximum number allowed is eighteen (18). 4. Roof billboards are not allowed. 5. All new billboards shall be of the monopole type, unless prohibited by soil conditions as certified by a professional engineer. Billboards may be either a 'v-style' orientation which contains advertising on each visible face or a single advertising copy structure with back-to-back advertising copy areas. 6. Existing billboards are to be maintained in a neat and safe condition. The property located within a 50 foot radius of the support structure of any billboard shall be well maintained and kept free of weeds, trash and debris. The maintenance area shall only extend to the property on which the billboard is located. pro'lided, tIlat aNo existing billboard may be rebuilt or replaced except in conformance with these regulations; and provided, that when, in the opinion of the building inspector, the safety of an existing billboard is questionable, the billboard owner shall either remove the billboard within thirty (30) days of notification or shall furnish a certificate from a Colorado-registered professional engineer with a specialization in civil, structural or mechanical engineering to its safety. 7. Maximum size of the advertising copy area shall not exceed seven hundred fIfty (750) square feet per side. 8. Setbacks shall be as required as follows: a billboard must be located at least fifty (50) feet from any right-of-way; the setback from all other property lines shall be equal to the overall structure height. Setbacks shall be measured from the closest point of the billboard structure perpendicular to the nearest property line. 9. Maximum height ofthe billboard structure shall be thirty (32) feet. 10. No new billboard may be located closer than six hundred (600) feet (measured from the closest point to each structure) to any other billboard facing in the same direction on the same roadway as defined by roadway name or number. 11. Non-conforming billboards are subject to the provisions of section 26- 707. 12. Any lighting which illuminates a billboard shall be fully shielded, downcast, and shall not interfere with any driver's vision on adjacent roadways. 13. Commercial electronic variable message signs (CEVMS) or any other type of animated billboard signs which use either actual or implied motion, are prohibited. B. 11 1 DistrieL ();: wi after Janoory I, I!:'%, billboards are preftibited in the :e I iistfieh Abandoned billboards. 1. A billboard shall be deemed abandoned if: 3 a. a billboard structure is removed without first securing a building permit for the demolition of the strncture, b. temporary removal exceeds the I80-day period as described in subsection C, c. the property owner notifies the Community Development Department of its intent to abandon the billboard structure and relinquish any right to maintain such structure, or d. failure to notify the Department of intent to temporarily remove a billboard structure, or e. failure to register an existing billboard by June 30, 2008. 2. If a billboard is considered abandoned, the Community Development Department shall notify the billboard structure owner and the property owner by certified mail. For purposes of notification, the owners of record shall be those listed on the billboard permit. 3. If the owner of the property upon which a billboard structure is located notifies the Community Development Department by notarized letter that he or she relinquishes the right to a billboard on the property described, the billboard is deemed abandoned. For the purpose of the structure, the term 'property owner' does not include the owner of the billboard structure, unless the owner of the billboard structure also owns the underlying real property. 4. Once a billboard is abandoned and the owner of the billboard structure notified, the owner of the billboard structure shall have 30 days to remove the structure. If an abandoned billboard is not removed within 30 days of notification, the City shall cause the structure to be removed consistent with section 15, article II of this Code. Once an abandoned billboard has been removed, a vacancy is established for purposes of Sections 711.A.3 and 711.D. C. Temporary billboard removal. The property owner upon which the billboard structure is located shall notify the Community Development Department in writing prior to any temporary removal. A building permit mnst be applied for and obtained for the temporary removal. Failure to obtain a building permit for the temporary removal of a billboard structure, or failure to notify the Department of any temporary removal shall constitute billboard abandonment, as defined herein. If a billboard is removed on a temporary basis, any non-conforming strncture must be reconstructed in conformance with these regulations. D. Billboard vacancy. If the number of legally permitted or registered billboards falls below the maximum number allowed as established in subsection A.3, the Community Development Department shall notify every property owner in 4 the B-2 district by certified mail announcing the billboard vacancy. An advertisement shall also be placed in the local newspaper notifying of the same. The notification will specify a date by which all applications must be submitted to the Department for a billboard permit. The application period shall occur no sooner than sixty (60) days and not later than ninety (90) days after publication ofthe notification of vacancy. The application period shall conclude at 5 p.m. on the stated day. If the ending day falls on a Saturday, Sunday or observed City holiday, the application period shall be extended to 5 p.m. on the next regular working day. Only one application per property may be submitted for inclusion in the drawing. In the event that no applications are submitted for inclusion in the drawing, or if none of the submitted applications meet the minimum requirements of subsection E, the vacancy shall remain. In this instance, the Department will process applications thereafter on a first-come, first served basis. If multiple applications are submitted in this instance, the requirements of subsection F shall be followed. E. Permit submittal requirements. The application for a billboard permit shall include the following: 1. a completed building permit application form signed by both the proposed billboard structure owner and the property owner, 2. a letter from the applicants acknowledging that the applicants believe that the proposed billboard structure complies with C.R.S. 43-1-401 et seQ., and the rules and regulations of the City of Wheat Ridge, 3. the billboard application fee, as required by subsection I, 4. copy of the property deed where the billboard structure will be placed, 5. a site plan which details the location of the proposed billboard structure in relation to property lines and all existing structures, 6. a certified survey of the property, 7. a detailed elevation sheet ofthe proposed billboard structure, and 8. certified engineering details of the proposed billboard structure, including foundation details and proof that the underlying soil is adequate to support said structure. F. Multiple applications. If more than one application for a billboard permit has been submitted prior to the end of the application period as specified in the public notice, all applications which include all the required submittal items shall be entered into a drawing by lot. With respect to any single loeatioB property within the B-2 billboard district, only one application will be entered into the drawing. In the event multiple applications for a single I, ,,' ,:0',' ",. property are submitted, none will be entered into the drawing unless all but one are withdrawn. The drawing shall occur immediately after the completeness review, as specified 5 below in subsection G. All parties who have submitted valid applications as described above shall be invited to witness the drawing. G. Completeness review. The permit applications shall undergo a cursory review for completeness of the permit submittal requirements prior to the drawing; if an application does not contain one or more of the submittal items listed in subsection E, the application shall be returned with an explanation of deficiency and may not be corrected and resubmitted for inclusion in the drawing. H. Detailed review. At the conclusion of the drawing, the Community Development Department shall perform a detailed review of the chosen application. If any technical corrections are needed, the chosen applicant shall correct said deficiencies. I. Fees. 1. A billboard application fee shall be required at time of submittal of each application for a billboard structure. A billboard inspection fee and standard building permit fee as set by the Building Division shall be required for any issued building permit for a new or relocated billboard structure. 2. Application and inspection fees shall be established by the Community Development Director and are detailed on the fee schedule kept in the Community Development Department for public inspection. J. Expiration. A permitted billboard must be erected within one hundred eighty (180) days of issuance of the building permit. If the structure is not erected within this 180 day period, the ability to erect a billboard and the building permit for the same shall be deemed forfeited. The Community Development Department will then follow the procedures listed in subsection (D) for a billboard vacancy. K. Assignment of billhofHll permit. "A. curreut aud valid billboard permit shall be freely assiguable to a suecessor, as owucr of the pr"p"~J" .....;.,,~-the billboard is located or of the leasehold of the billboard, subjcct to fil:~" ...~h applicatiou as the C ,,,,,,., ","';,/ DcvcL ice ,d Direeto\ .....;,. '~lIuire aud payiug applicable fees. The asaignment shall be accomplished by filiug aud shall uot "~<o.,..;.-.~..pp.-o.,..ab- Registration of biUboards. All billboards which are in existence as of April 1, 2008 shall be required to register with the Community Development Department. The registration shall be used solely for contact with either the property owner or structure owner. For billboards in existence as of April 1, 2008, failure to register said billboard by June 30, 2008 will render the billboard abandoned, and the procedures in snbsection D shall be .followed. The City shall supply the registration form. 6 Section 3. Figure 26-711.1 is hereby amended to delete the reference to the B-1 District. l_bo'mo;'~~1 ." ' ~,:+ ~ ,-"Ii '''',' ~ 1,1 ! 'f:=. L~- " , C-a>' I L ' il 1 :~'j " '.J J il ',' ,---LL, - ~ "1.1- 11 I :' II'ti1"1 T.'le.'! H' ~] ,.!. '.. .~ )'1, . i -~'I; ~ --, ""1'-1' "1' I j i ! C !1! ~',,~' '\ \;"""i'-'"~ l~rTI-; I',I!; 'f- 'I 1',1'1" _ l,T' L~ .1, i ; J' I ,- ......... I I, ~: I : Ij ! ! i ., ! ~!,!~- 'J.. I, _ ! _ 1 j "j ~ ~ "/ , ,11/ ,J .,-'- , -~ '11' ,- , n ".1 ...L.J ~ ! 1,: ~j I I IC~';I!llil!~ J I " I ' 'II I - I' -.1'~_:I', ,If i,', ': _ ; r J:: -",,! !, ~~ i I --+-,! ! I ,; ~' _L :l'_'~__', I_'~_ I~t, 'I "---.,--- ~ - I in I I I: i I ,,-! i: ~ ! !,_J, l, I' L',', 'I ~I~':'-'~" "t!+'-! .:,1,., I I!r::iL. ~,. ,_J ,.,-,: '~!.'."'".~'.I+r+.il : : ~ ; I -- I -'- i: I - .: I - I ]:" ' "."', -j '---If:'1 ", ~ '" '" i'~ 'ri--:~Ii~" '--1 'WII I I, L III I ! ~ I! I ,1 !, In' _L_ .'r.f'.'..- 'j"-'~'-l: .;,1,,--=, ~" - ,I i II Section 4. Section 711.C is hereby repealed. Section 5. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of S to 0 on this 2Sth day of January, 200S, 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 February 25, 200S, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 25th day of February, 200S. 7 SIGNED by the Mayor on this ATTEST: Michael Snow, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: day of Jerry DiTullio, Mayor Approved As To Form .2008. Gerald E. Dahl, City Attorney 8 ~.4... ~" City of ?WheatR.l..dge ITEM NO: a REQUEST FOR CITY COUNCIL ACTION --..,~~ ~~~ COUNCIL MEETING DATE: April 14, 2008 TITLE: COUNCIL BILL 08-2008 - AN ORDINANCE AMENDING CHAPTER 17 OFll1E WHEAT RIDGE CODE OF LAWS CONCERNING ALCOHOLIC BEVERAGES IN PARKS AND RECREATION AREAS o PUBLIC HEARING o BmS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (04/18/2008) o ORDINANCES FOR 2ND READING (04/28/2008) Quasi-judicial: o YES o NO CfL\~d City Mana~ d City Attorney EXECUTIVE SUMMARY: Amends Chapter 17 of the Code of Laws by amending Sections 17-27 to permit the storage, sale and consumption of beer, wine and liquor in parks if the applicant has received a special event permit from the City. Allows the Director of Parks and Recreation to permit glass beverage bottles in parks if a special event permit has been issued by the City for an event open to the public and (1) the applicant is able to demonstrate that it has control over the portion of the park in which it wishes to have the glass beverage bottles through the use of fencing or other approved means, (2) the glass beverage bottles will be used only for beer and wine, and (3) subject to any further conditions the Director finds to be appropriate. COMMISSIONIBOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: (1) conforms Code section 17-27 to state statutes; (2) permits glass beverage bottles in parks under limited circumstances. ALTERNATIVES CONSIDERED: None FINANCIAL IMPACT: The City will incur no additional expense as a result of this ordinance. RECOMMENDED MOTION: "I move to approve Council Bill 08-2008 - An Ordinance Amending Chapter 17 of the Wheat Ridge Code of Laws Concerning Alcoholic Beverages in Parks and Recreation Areas on first reading, order it published, public hearing set for April 28, 2008, at 7:00 p.m. in the City Council Chambers and that it take effect fifteen days after final publication." Or, "I move to table indefinitely Council Bill 08-2008 for the following reason(s) " ATTACHMENTS: 1. Council Bill 08-2008 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 08-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE AMENDING CHAPTER 17 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING ALCOHOLIC BEVERAGES IN PARKS AND RECREATION AREAS WHEREAS, the City Council has previously adopted Article II of Chapter 17 of the Wheat Ridge Code of Laws (the "Code"), concerning park rules; and WHEREAS, the Council wishes to amend Sections 17-27 and 17-42 of the Code to conform the same to applicable state statutes and to allow the Director of Parks and Recreation to permit use of glass beverage bottles for possession of certain alcoholic beverages in parks under specified circumstances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection (a) of Section 17-27 is amended to read as follows: Sec. 17-27. Alcoholic beverages. (a) The storage, SALE or consumption of any alcoholic liquor MALT, VINOUS OR SPIRITUOUS LIQUORS, as defined by the Colorado Liquor Code, is prohibited in any park, recreation area or recreation building within the city except as specifically provided herein OR AS MAY BE AUTHORIZED PURSUANT TO A SPECIAL EVENT PERMIT ISSUED BY THE CITY IN ACCORDANCE WITH ARTICLE 48, TITLE 12, COLORADO REVISED STATUTES. The consumption and/or storage of fermented malt bc':craga BEVERAGES containing not more than three and two-tenths (3.2) percent of alcohol by weight is permitted in any park or recreation area within the city so long as, and only so long as, such fermented malt beverage has been purchased in a manner authorized, and is being consumed by persons permitted, by applicable state law. It shall be unlawful to sell any fermented malt beverage within any park or recreation area within the city unless such sales are made pursuant to a license or SPECIAL EVENT permit granted by the city cOl,lncil and unless such sales are made in accordance with the Colorado Beer Code. Section 2. Section 17-42 of the Code is amended as follows: ATTACHMENT 1 Sec. 17 -42. ~lJgJ containers. It shall be unlawful for any person to bring, or to have in his/her possession, any glass beverage bottle in any park, lake, or other recreational area or facility of the city, EXCEPT AS SUCH POSSESSION MAY BE APPROVED BY THE DIRECTOR OF PARKS AND RECREATION FOR AN EVENT OPEN TO THE PUBLIC AND FOR WHICH A SPECIAL EVENT PERMIT HAS BEEN ISSUED BY THE CITY IN ACCORDANCE WITH ARTICLE 48, TITLE 12, COLORADO REVISED STATUTES. SUCH APPROVAL MAY BE GRANTED BY THE DIRECTOR ONLY UPON SATISFACTION OF ALL OF THE FOLLOWING ADDITIONAL CONDITIONS: (a) THAT THE APPLICANT DEMONSTRATE TO THE SATISFACTION OF THE DIRECTOR THAT THE APPLICANT HAS CONTROL OVER THAT PORTION OF THE PARK IN WHICH THE APPLICANT WISHES TO POSSESS GLASS BEVERAGE BOTTLES BY THE USE OF FENCING OR OTHER APPROVED MEANS; (b) THAT THE GLASS BEVERAGE BOTTLES PERMITTED SHALL BE USED ONLY FOR POSSESSION OF WINE OR BEER; AND (c) SUBJECT TO ANY FURTHER CONDITIONS THE DIRECTOR FINDS TO BE APPROPRIATE UNDER THE CIRCUMSTANCES. Section 3. !)afetv Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Effective Date. This Ordinance shall take effect fifteen 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 day of , 2008, 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 , 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED reading by a vote of to ,2008. PUBLISHED on second and final , this day of 2008. SIGNED by the Mayor on this ATTEST: Michael Snow, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: day of Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney ", ~. _ y City of . ?WheatRLdge ITEM NO: Lt. REQUEST FOR CITY COUNCIL ACTION ~"tl1' ~ . ~.......... '.,,,: ~~.......;~...-......t~ ~ .... ~-$>> d.~.~"~ ~ -,~: <=-"""'-- ~, " COUNCIL MEETING DATE: April 14, 2008 TITLE: RESOLUTION 18-2008 - A RESOLUTION AMENDING THE FISCAL YEAR 2008 CAPITAL INVESTMENT FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $325,000 FOR TUE PURPOSES OF APPROVING AN AGREEMENT BETWEEN HiE CITY OF WHEAT RIDGE AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT FOR DESIGN, RIGHT-OF- WAY ACQUISITION AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR THE ARV ADA CHANNEL AND HiE RIDGE ROAD TRIBUTARY o PUBLIC HEARING o BIDSIMOTIONS ~ RESOLUTIONS o ORDINANCES FOR 1 ST READING (mmlddlyyyy) o ORDINANCES FOR 2ND READING (mmlddlyyyy) -??~D Director of Public Works YES ~ NO City~~ EXECUTIVE SUMMARY: The 1994 Columbine Basin Outfall Systems Planning Study identified many improvements in the Columbine Basin. The Urban Drainage and Flood Control District (UDFCD), in cooperation with the City of Arvada, has constructed the Arvada Channel downstream of Miller Street. UDFCD funding has become available for completion of the Arvada Channel from Miller Street to Oak Street and construction of the initial section of the Ridge Road Tributary along Oak Street. A standard agreement has been prepared by the District to address funding the project, with each entity paying for 50% of the estimated $650,000 project costs. A budget amendment and appropriation are necessary to facilitate this project. The City's share of the funding, $325,000, is available in General Fund Reserves. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The Urban Drainage and Flood Control District has made un-programmed funds available to the City for a 2008 project. The $325,000 UDFCD monies will allow construction of a $650,000 drainage project within the City. A review of applicable projects identified construction of a portion of the Arvada Channel and construction of a portion of the Ridge Road Tributary drainage facility. This project will provide proper drainage facilities at Oak Street to accept stormwater from property north of 1-70 and west of Oak Street. Additional drainage projects will be necessary to collect and transport stormwater to the proposed new channel. An intergovernmental agreement is required to provide for the design, right-of-way acquisition, and construction of the proposed Arvada ChannellRidge Road Tributary Project. The agreement provides for the City contributing 50% of the funding for the project, with the UDFCD designing and constructing the facilities. The City must negotiate the acquisition of the needed right-of-way, with the right-of-way costs paid from the project budget. ALTERNATIVES CONSIDERED: If the agreement is not approved, the drainage project will not be constructed. FINANCIAL IMPACT: This agreement will require transfer of $325,000 from General Fund Reserves to the Capital Investment Program Fund. , , RECOMMENDED MOTION: "I move to approve Resolution 18-2008, A Resolution Amending the Fiscal Year 2008 Capital Investment Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount of $325,000 for the Purposes of Approving an Agreement Between the City of Wheat Ridge and the Urban Drainage and Flood Control District for Design, Right-Of-Way Acquisition and Construction of Drainage and Flood Control Improvements for the Arvada Channel and the Ridge Road Tributary." Or, "I move to table indefinitely Resolution 18-2008. A Resolution Amending the Fiscal Year 2008 Capital Investment Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount of $325,000 for the Purposes of Approving an Agreement Between the City of Wheat Ridge and the Urban Drainage and Flood Control District for Design, Right-Of-Way Acquisition and Construction of Drainage and Flood Control Improvements for the Arvada Channel and the Ridge Road Tributary for the following reason(s) " Report Prepared by: Steve Nguyen Reviewed by: Tim Paranto ATTACHMENTS: 1. Resolution 18-2008 2. UDFCD lOA 3. Site map CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. .:18-2008 Series of 2008 TITLE: RESOLUTION 18-2008 - A RESOLUTION AMENDING THE FISCAL YEAR 2008 CAPITAL INVESTMENT FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $325,000 FOR THE PURPOSES OF APPROVING AN AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT FOR DESIGN, RIGHT-OF-WAY ACQUISITION AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR THE ARVADA CHANNEL AND THE RIDGE ROAD TRIBUTARY WHEREAS, the 1994 Columbine Basin Outfall Systems Planning Study identified a channelization project that would improve drainage in northwestern Wheat Ridge; and WHEREAS, the City Council wishes to facilitate construction of a portion of the drainage improvements described as the Arvada Channel and the Ridge Road Tributary; and WHEREAS, the Urban Drainage and Flood Control District will contribute 50% of the costs of right-of-way acquisition, design and construction of the proposed improvements; and WHEREAS, the 2008 Capital Improvement Program budget does not include funding for the drainage improvements. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. An Intergovernmental Agreement with the Urban Drainage and Flood Control District for contribution of $325,000 of the costs of right-of-way acquisition, design and construction of a portion of the Arvada Channel and the Ridge Road Tributary is approved. Section 2. Budaet Amended. The following amendments to the 2008 Capital Investment Program budget are hereby approved: (a) Transfer $325,000 from General Fund Reserves to the Capital Investment Program Fund. ATTACHMENT 1 This Resolution shall be effective immediately upon adoption. DONE AND RESOLVED this day of April, 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk RESO 001 2 AGREEMENT REGARDING FINAL DESIGN, RIGHT-OF- WAY ACQUISITION AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR ARV ADA CHANNEL AND RIDGE ROAD TRIBUTARY, CITY OF WHEAT RIDGE Agreement No. 08-01.18 THIS AGREEMENT, made this day of , 2008, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT") and CITY OF WHEAT RIDGE (hereinafter called "CITY") and collectively known as "PARTIES"; WITNESSETH: WHEREAS, DISTRICT, in a policy statement previously adopted (Resolution No. 14, Series of 1970 and Resolution No. II, Series of 1973) expressed an intent to assist public bodies which have heretofore enacted floodplain regulation measures; and WHEREAS, PARTIES participated in a joint planning study titled "Outfall Systems Planning, Columbine Basin" by Muller Engineering Company, Inc., dated December 1994 (hereinafter called "PLAN"); and WHEREAS, PARTIES now desire to proceed with the design, right-of-way acquisition and construction of drainage and flood control improvements for Arvada Channel and Ridge Road Tributary (hereinafter called "PROJECT"); and WHEREAS, DISTRICT has adopted at a public hearing a Five- Year Capital Improvement Program (Resolution No. 90, Series of2007) for drainage and flood control facilities in which PROJECT was included in the 2008 calendar year; and WHEREAS, DISTRICT has heretofore adopted a Special Revenue Fund Budget for calendar year 2008 subsequent to public hearing (Resolution No. 72, Series of 2007) which includes funds for PROJECT; and WHEREAS, DISTRICT's Board of Directors has authorized DISTRICT financial participation for PROJECT (Resolution No.3, Series of 2008 and Resolution No. . Series of 2008); and WHEREAS, the City Council of CITY and the Board of Directors of DISTRICT have authorized, by app.vp.:ation or resolution, all of PROJECT costs of the respective PARTIES. NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows: 1. SCOPE OF THIS AGREEMENT This Agreement defines the responsibilities and financial commitments of PARTIES with respect to PROJECT. 2. SCOPE OF PROJECT A. Final Desilm. PROJECT shall include the final design of improvements in accordance with the recommendations defmed in PLAN. Specifically, the final design of facilities shall extend from approximately Miller Street to Parfet Street, as shown on Exhibit A. \dcm\agnnnt\080118 I ATTACHMENT 2 B. Ril!ht-of- Wav Delineation and Acouisition. Right-of-way for the improvements as set forth in the final design and an estimate of costs for acquisition shall be determined. Maps, parcel descriptions and parcel plats shall also be prepared. C. Construction, PROJECT shall include construction by DISTRICT of the drainage and flood control improvements as set forth in the final design and vegetation establishment. 3. PlffiLTC NECESSITY PARTIES agree that the work performed pursuant to this Agreement is necessary for the health, safety, comfort, convenience, and welfare of all the people of the State, and is of particular benefit to the inhabitants of DISTRICT and the property therein. 4. PROJECT COSTS AND ALLOCATION OF COSTS A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist of and be limited to the following: 1. Final design services: 2. Delineation, description and acquisition of required rights-of-way/easements; 3. Construction of improvements; 4. Contingencies mutually agreeable to PARTIES. B. It is understood that PROJECT costs as defined above are not to exceed $650,000 without amendment to this Agreement. PROJECT costs for the various elements of the effort are estimated as follows: ITEM AMOUNI 1. Final Design $100,000 2. Right-of-way 50,000 3. Construction 450,000 4. Contingency 50,000 Grand Total $650,000 This breakdown of costs is for estimating purposes only. Costs may vary between the various elements of the effort without amendment to this Agreement provided the total expenditures do not exceed the maximum contribution by all PARTIES plus accrued interest. C. Based on total PROJECT costs, the maximum percent and dollar contribution by each party shall be: Percentage Maximum Share Contribution DISTRICT 50.00% $325,000 CITY 50.00% 325,000 TOTAL 100.00% $650,000 Idcmlagrmntl080118 2 5. MANAGEMENT OF FINANCES As set forth in DISTRICT policy (Resolution No. 11, Series of 1973 and Resolution No. 49, Series of 1977), the cost sharing shall be after subtracting state, federal, or other sources of funding from third parties. However, monies CITY may receive from federal funds, the Federal Revenue Sharing Program, the Federal Community Development Program, or such similar discretionary programs as approved by DISTRICT's Board of Directors may be considered as and applied toward CITY's share of improvement costs. Payment of each party's full share (CITY - $325,000; DISTRICT - $325,000) shall be made to DISTRICT subsequent to execution of this Agreement and within 30 days of request for payment by DISTRICT. The payments by PARTIES shall be held by DISTRICT in a special fund to pay for increments of PROJECT as authorized by PARTIES, and as defined herein. DISTRICT shall provide a periodic accounting of PROJECT funds as well as a periodic notification to CITY of any unpaid obligations. Any interest earned by the monies contributed by PARTIES shall be accrued to the special fund established by DISTRICT for PROJECT and such interest shall be used only for PROJECT upon approval by the contracting officers (paragraph 13). Within one year of completion of PROJECT if there are monies including interest earned remaining which are not committed, obligated, or disbursed, each party shall receive a share of such monies, which shares shall be computed as were the original shares. 6. FINAL DESIGN The contracting officers for PARTIES, as defined under Paragraph 13 of this Agreement, shall select an engineer mutually agreeable to both PARTIES. DISTRICT shall contract with selected engineer and shall supervise and coordinate the final design including right-of-way delineation subject to approval of the contracting officer for CITY. Payment for final design services shall be made by DISTRICT as the work progresses from the PROJECT fund established as set forth above. Final design services shall consist of, but not be limited to, the following: A. Preparation of a work plan schedule identifying the timing of major elements in the design; B. Delineation of required right-of-way/easements; C. Preparation of detailed construction plans and specifications; D. Preparation of an estimate of probable construction costs of the work covered by the plans and specifications; E. Preparation of an appropriate construction schedule. DISTRICT shall provide any written work product by the engineer to CITY. 7. F-IGHT-OF-WAY CITY, with DISTRICT assistance, shall be responsible for acquiring, subject to approval of DISTRICT, snch land or interests in land needed to implement construction of the drainage and flood control improvements as defined herein. The cost to be shared by PARTIES for right-of-way acquisition may include relocation costs of existing occupants. Appraisal costs and costs associated with condemnation (including outside legal costs) will also be considered a PROJECT \dcm\agrmnt\080118 3 cost. Right-of-way acquisition shall be in accordance with DISTRICT policy attached hereto as Exhibit B. Within Exhibit B, references to purchasing agency will be references to CITY. In reference to Paragraph 1.0 and 2.0 of Exhibit B, the Purchasing Agency shall pay the reasonable costs of the property owners appraisal only when the Purchasing Agency's appraisal is $5,000 or greater. DISTRICT shall serve as the paying agency. A. ~oordination ofRil!ht-of-Wav Acouisition. Cost sharing by PARTIES will be based on supporting documentation such as formal appraisals, reasonable relocation cost settlements, legal description of the property, and other information deemed appropriate to the acquisition. Furthermore, cost sharing will be only for the properties, or portions thereof, approved by PARTIES to be needed for the drainage and flood control portions of PROJECT. Request for such approval shall include appraisals of property, legal description of the property, and other information deemed appropriate to the acquisition by PARTIES to this Agreement. CITY shall purchase the right-of-way only after receiving prior approval of DISTRICT. B. Pavment for Ril!ht-of-Wav Acouisition. Following purchase or receipt of executed memorandum of agreement between CITY and property owner for the needed right-of-way that commits the property owner to sell property to CITY at a price certain and on a date certain, CITY shall so advise DISTRICT and request payment as provided above. DISTRICT shall make payment within 30 days of receipt of request accompanied by the information set forth above. C. Ownershio of Prooertv and Limitation of Use. CITY shall own the property either in fee or non-revocable easement and shall be responsible for same. It is specifically understood that the right-of-way is being used for drainage and flood control purposes. The properties upon which PROJECT is constructed shall not be used for any purpose that will diminish or preclude its use for drainage and flood control purposes. CITY may not dispose of or change the use of the properties without approval of DISTRICT. If, in the future, CITY disposes of any portion of or all of the properties acquired upon which PROJECT is constructed pursuant to this Agreement; changes the use of any portion or all ofthe properties upon which PROJECT is constructed pursuant to this Agreement; or modifies any of the improvements located on any portion of the properties upon which PROJECT is constructed pursuant to this Agreement; and CITY has not obtained the written approval of DISTRICT prior to such action, CITY shall take any and all action necessary to reverse said unauthorized activity and return the properties and improvements thereon, acquired and constructed pursuant to this Agreement, to the ownership and condition they were in immediately prior to the unauthorized activity at CITY's sole expense. In the event CITY breaches the terms and provisions of this Paragraph 7.C and does not voluntarily cure as set forth above, DISTRICT shall have the right to pursue a claim against CITY for specific performance of this portion of the Agreement. \dcm\agrmnt\080118 4 DISTRICT may, subsequent to the recording by CITY of any document transferring title or another interest to property acquired pursuant to this Agreement to CITY, record a memorandum of this Agreement (Exhibit C), specifically a verbatim transcript of Paragraph 7.C. Ownershin ofPronertv and Limitation of Use except for this sub-paragraph which shall not be contained in the memorandum. The memorandum shall reference by legal description the property being acquired by CITY and shall be recorded in the records of the Clerk and Recorder of Jefferson County immediately following the recording of the document transferring title or another interest to CITY. CITY authorizes the recording of that memorandum and acknowledges that the same is meant to encumber the property with its restrictions. 8. MANAGEMENT OF CONSTRUCTION A. Costs. Construction costs shall consist ofthose costs as incurred by the lowest acceptable bidder(s) including detour costs, licenses and permits, utility relocations, and construction related engineering services as defined in Paragraph 4 of this Agreement. B. Construction Manao:ement and Payment \dcm\agmmt\080l18 1. DISTRICT, with the assistance of CITY, shall administer and coordinate the construction-related work as provided herein. DISTRICT, with assistance and approval of CITY, shall advertise for construction bids; conduct a bid opening; prepare construction contract documents; and award construction contract(s). DISTRICT shall require the contractor to provide adequate liability insurance that includes CITY. The contractor shall be required to indemnify CITY. Copies of the insurance coverage shall be provided to CITY. DISTRICT, with assistance of CITY, shall coordinate field surveying; staking; inspection; testing; acquisition of right-of-way; and engineering as required to construct PROJECT. DISTRICT, with assistance of CITY, shall assure that construction is performed in accordance with the construction contract documents including approved plans and specifications and shall accurately record the quantities and costs relative thereto. Copies of all inspection reports shall be furnished to CITY on a weekly basis. DISTRICT shall retain an engineer to perform all or a part of these duties. DISTRICT, with approval of CITY, shall contract with and provide the services of the design engineer for basic engineering construction services to include addendum preparation; survey control points; explanatory sketches; revisions of contract plans; shop drawing review; as-built plans; weekly inspection of work; and final inspection. PARTIES shall have access to the site during construction at all times to observe the progress of work and conformance to construction contract documents including plans and specifications. 2. 3. 4. 5. 6. 5 7. DISTRICT shall review and approve contractor billings and send them to CITY for approval. DISTRICT shall remit payment to contractor based on billings approved by PARTIES. 8. DISTRICT, with assistance and written concurrence by CITY, shall prepare and issue all written change or work orders to the contract documents. 9. PARTIES shall jointly conduct a final inspection and accept or reject the completed PROJECT in accordance with the contract documents. 10. DISTRICT shall provide CITY a set of reproducible "as-built" plans. C. Construction Chan{!e Orders. In the event that it becomes necessary and advisable to change the scope or detail of the work to be performed under the contract( s), such changes shall be rejected or approved in writing by the contracting officers. No change orders shall be approved that increase the costs beyond the funds available in the PROJECT fund, including interest earned on those funds, unless and until the additional funds needed to pay for the added costs are committed by all PARTIES. 9. MAINTENANCE PARTIES agree that CITY shall own and be responsible for maintenance of the completed and accepted PROJECT. PARTIES further agree that DISTRICT, at CITY's request, shall assist CITY with the maintenance of all facilities constructed or modified by virtue of this Agreement to the extent possible depending on availability of DISTRICT funds. Such maintenance assistance shall be limited to drainage and flood control features of PROJECT. Maintenance assistance may include activities such as keeping flow areas free and clear of debris and silt, keeping culverts free of debris and sediment, repairing drainage and flood control structures such as drop structures and energy dissipaters, and clean-up measures after periods of heavy runoff, The specific nature of the maintenance assistance shall be set forth in a memorandum of understanding from DISTRICT to CITY, upon acceptance of DISTRICT's annual Maintenance Work Program. DISTRICT shall have right-of-access to right-of-way and storm drainage improvements at all times for observation of flood control facility conditions and for maintenance when funds are available. 10. FLOODPLAIN REGULATION CITY agrees to regulate and control the floodplain of Arvada Channel within CITY in the manner prescribed by the National Flood Insurance Program and prescribed regulations thereto as a minimum. PARTIES understand and agree, however, that CITY cannot obligate itself by contract to exercise its police powers. If CITY fails to regulate the floodplain of Arvada Channel within CITY in the manner prescribed by the National Flood Insurance Program and prescribed regulations thereto as a minimum, DISTRICT may exercise its power to do so and CITY shall cooperate fully. II. TERM OF AGREEMENT The term of this Agreement shall commence upon final execution by all PARTIES and shall terminate three (3) years after the final payment is made to the construction contractor and the final \dcrn\agnnnn080118 6 accounting of funds on deposit at DISTRICT is provided to all PARTIES pursuant to Paragraph 5 herein, except for Paragraph 10. FLOODPLAIN REGULA nON, Paragraph 7.C. Ownershin of Pronertv and Limitation of Use. and Paragraph 9.)VfA INTENANCE. which shall run in perpetuity. 12. LIABILITY Each party hereto shall be responsible for any suits, demands, costs or actions at law resulting from its own acts or omissions and may insure against such possibilities as appropriate. 13. CONTRACTING OFFICERS AND NOTICES A. The contracting officer for CITY shall be the Public Works Director, City of Wheat Ridge, 7500 West 29>1> Avenue, Wheat Ridge, Colorado 80033. B. The contracting officer for DISTRICT shall be the Executive Director, 2480 West 26th Avenue, Suite 156B, Denver, Colorado 80211. C. Any notices, demands or other communications required or permitted to be given by any provision of this Agreement shall be given in writing, delivered personally or sent by registered mail, postage prepaid and return receipt requested, addressed to PARTIES at the addresses set forth above or at such other address as either party may hereafter or from time to time designate by written notice to the other party given when personally delivered or mailed, and shall be considered received in the earlier of either the day on which such notice is actually received by the party to whom it is addressed or the third day after such notice is mailed. D. The contracting officers for PARTIES each agree to designate and assign a PROJECT representative to act on the behalf of said PARTIES in all matters related to PROJECT undertaken pursuant to this Agreement. Each representative shall coordinate all PROJECT-related issues between PARTIES, shall attend all progress meetings, and shall be responsible for providing all available PROJECT-related file information to the engineer upon request by DISTRICT or CITY. Said representatives shall have the authority for all approvals, authorizations, notices or concurrences required under this Agreement or any amendments or addenda to this Agreement. 14. t\MENDMENTS This Agreement contains all of the terms agreed upon by and among PARTIES. Any amendments or modifications to this Agreement shall be in writing and executed by PARTIES hereto to be valid and binding. 15. SEVERABILITY If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable clause or provision shall not affect the validity of the Agreement as a whole and all other clauses or provisions shall be given full force and effect. \dcm\agnnnt\080118 7 16, APPLICABLE LAWS This Agreement shall be govemed by and construed in accordance with the laws of the State of Colorado. Venue for any and all legal actions regarding the transaction covered herein shall lie in District Court in and for the CITY of Denver, State of Colorado. 17. ASSIGNABlLlT'( No party to this Agreement shall assign or transfer any of its rights or obligations hereunder without the prior written consent of the nonassigning party or parties to this Agreement. 18. BINDING EFFECT The provisions of this Agreement shall bind and shall inure to the benefit of PARTIES hereto and to their respective successors and permitted assigns. 19. ENFORCEABILITY PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity, by decree of specific performance or damages, or such other legal or equitable relief as may be available subject to the provisions ofthe laws of the State of Colorado. 20. TERMTNA TION OF AGREEMENT This Agreement may be terminated upon thirty (30) day's written notice by any of PARTIES, but only ifthere are no contingent, outstanding contracts. If there are contingent, outstanding contracts, this Agreement may only be terminated upon mutual agreement of all PARTIES and only upon the cancellation of all contingent, outstanding contracts. All costs associated with the cancellation of the contingent contracts shall be shared between PARTIES in the same ratio(s) as were their contributions and subject to the maximum amount of each party's contribution as set forth herein. 21. EMPLOYMENT STATUS This Agreement shall not change the employment status of any employees of PARTIES. No party shall have the right to control or direct the activities of any employees of another related to this Agreement. 22. PUBLIC RELATIONS It shall be at CITY's sole discretion to initiate and to carry out any public relations program to inform the residents in PROJECT area as to the purpose of PROJECT and what impact it may have on them. Technical and final design recommendations shall be presented to the public by the selected engineer. In any event DISTRICT shall have no responsibility for a public relations program, but shall assist CITY as needed and appropriate. 23. NO DlSCRIMTNA TION TN EMPLOYMENT In connection with the performance of work under this Agreement, PARTIES agree not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified because of race, color, ancestry, creed, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability and further agree to insert the foregoing provision in all subcontracts hereunder. \dcm\agrmnt\080118 8 24. APPROPRIATIONS Notwithstanding any other term, condition, or provision herein, each and every obligation of CITY and/or DISTRICT stated in this Agreement is subject to the requirement of a prior appropriation of funds therefore by the &1',nVI'.;ate governing body of CITY and/or DISTRICT, 25, NO THIRD PARTY BENEFICIARIES It is expressly understood and agreed that enforcement of the terms and conditions ofthis Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to PARTIES, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person on such Agreement. It is the express intention of PARTIES that any person or party other than anyone of PARTIES receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized signatories as of the date and year first above written. URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (SEAL) Bv ATTEST: Title Executive Director Date CITY OF WHEAT RIDGE (SEAL) Bv ATTEST: Title Date APPROVED AS TO FORM: City Attorney \dcm\agrmnt\080118 9 AGREEMENT REGARDING FINAL DESIGN, RIGHT-OF-WAY ACQUISITION AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR ARV ADA CHANNEL AND RIDGE ROAD TRIBUTARY, CITY OF WHEAT RIDGE Agreement No. 08-01.18 Exhibit A SAMPLE AGREEMENT REGARDING FINAL DESIGN, RIGHT-OF- WAY ACQUISITION AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR ARVADA CHANNEL AND RIDGE ROAD TRIBUTARY, CITY OF WHEAT RIDGE Agreement No. 08-0 I. I 8 Exhibit B REAL PROPERTY ACQUISITION POLICY April 1982 (Amended March 1985) WHEREAS, DISTRICT participates in construction and maintenance projects and in floodplain preservation efforts wherein it is necessary to acquire by purchase or condemnation, title to, easements over, or right of entry to real property for flood control purposes; and WHEREAS, in some cases local governments are the purchasing agency with DISTRICT participating in the cost of the acquisition, and in other cases DISTRICT is the purchasing agency; and WHEREAS, when local governments are the purchasing agency it is desirable for DISTRICT to have guidelines that will serve as a basis for DISTRICT sharing in the cost of the acquisition; and WHEREAS, when DISTRICT is the purchasing agency it is also desirable to have guidelines for the purchase or condenmation of real property by DISTRICT. NOW THEREFORE, the following policy shall be used in the acquisition of real property when DISTRICT funds are involved: 1. LOCAL GOVERNMENT IS PURCHASING AGENCY A. DISTRICT shall participate to the extent set forth in an interagency agreement in the cost to acquire by purchase or condemnation, title to, easements over, or right of entry to real property needed for PROJECT. Such property shall be described by the use of boundary survey data and shall include only the parcels needed for the flood control project or flood control portions of PROJECT. B. The purchasing agency shall cause an appraisal to be made by an appraiser approved by DISTRICT of the real property subject to acquisition. The appraiser shall possess an MAl designation for acquisitions estimated to cost more than $10,000. C. The property owner should be advised informally and as early as possible of the interest of the agency in acquisition of the property. Further informal discussions and negotiations as appropriate should be held prior to completion of the appraisal. D. Negotiations shall be continued with the owner(s) on the basis of the appraisal once it is completed. If the appraised price is unacceptable to the owner(s) the purchasing agency, in accordance with all applicable Colorado State laws, shall provide a formal notice of intent to acquire the property together with a description of the property to be acquired to anyone having an interest of record in the property involved. Such owner(s) may employ one appraiser of their choosing to appraise the property to be acquired. Such appraisal shall be made using sound, fair, and recognized appraisal practices which are consistent with law. If a copy of the appraisal obtained by the property owner(s) is submitted to the purchasing agency within 90 days of the date formal notice was provided, the purchasing agency shall pay the reasonable costs of the appraisal. E. Assuming the second appraisal is based upon sound appraisal principles and data and is reasonable and valid, the purchasing agency shall negotiate a purchase, with the price of the land or property actually taken being the fair market value thereof. In no event shall the negotiated purchase price exceed the highest of the two appraisals. Factors such as the effect of time between the dates of the two appraisals, the basis for each appraisal, and ameliorating factors that can be handled during construction work (if any is to take place) shall be considered. F. In those cases where the property owner and the purchasing agency cannot agree on a price as set forth in Paragraph E above, DISTRICT will not share in any costs exceeding the higher appraisal assuming it is based on sound appraisal principles and data and is reasonable and valid. The purchasing agency may: I. Decide not to pursue the purchase, or 2. Negotiate a price in excess of the higher appraisal and be responsible for all costs exceeding the higher appraisal, or 3. Initiate and conduct eminent domain proceedings in any court having jurisdiction, under such statutes and in such manner as the purchasing agency deems necessary and proper to protect the interests of the purchasing agency and DISTRICT. All costs associated with the condemnation shall be shared by the purchasing agency and DISTRICT on the basis set forth in the interagency agreement. If eminent domain proceedings are initiated and a settlement is negotiated prior to a court determination, the maximum settlement in which DISTRICT will participate is the higher appraisal, as long as it was based on sound appraisal principles and data and was considered reasonable and valid, plus costs incurred to date that would normally be the responsibility of a condemning agency. Such costs may include filing fees, expert witness fees, and non-expert witness fees. 2. DISTRICT IS PURCHASING AGENCY The same policy and procedure as set forth above shall be the case except that DISTRICT is the purchasing agency. Specifically, A. When approved by the Board of Directors DISTRICT may acquire by purchase or condemnation, title to, easements over, or right of entry to real property needed for the approved flood control purpose. Such property shall be described by the use of a boundary survey. B. DISTRICT shall cause an appraisal to be made by an appraiser of the property subject to acquisition. The appraiser shall possess an MAl designation for acquisitions estimated to cost more than $10,000. An appraisal is not necessarily required for acquisitions less than $1,000 or for right of entry permits being sought for maintenance purposes. In most of these cases the right of entry permit is temporary in nature and involves little or no funds. C. The property owner should be advised informally and as early as possible of the interest of DISTRICT in acquisition of the property. Preliminary negotiations as a"".v".:ate should be held with the owner(s) before the appraisal is completed. D. Negotiations shall be continued with the owner(s) on the basis of the appraisal (except for right of entry and acquisitions less than $1,000). If the appraisal price is unacceptable to owner, DISTRICT, in accordance with ~ 38-1-121, CRS 1973, shall provide a formal notice of intent to acquire the property together with a description of the property to be acquired to anyone having an interest of record in the property involved. Such owner(s) may employ an appraiser oftheir choosing to appraise the property to be acquired. Such appraisal shall be made using sound, fair, and recognized appraisal practices which are consistent with law. If a copy of the appraisal obtained by the property owner(s) is submitted to DISTRICT within 90 days of the date the formal notice was provided, DISTRICT shall pay the reasonable costs of the appraisal. E. Assuming the second appraisal is based on sound appraisal principles and data and is reasonable and valid, DISTRICT shall negotiate a purchase price between the two appraisals, with the price of the land or property actually taken being the fair market value thereof. Factors such as the effect of time between the dates ofthe two appraisals, the basis for each appraisal, and ameliorating factors that can be handled during construction work (if any is to take place) shall be considered. F. In those cases where the property owner and DISTRICT cannot agree on a price representing the fair market value somewhere between the two appraisals DISTRICT may: 1. Decide not to pursue the purchase, or 2. Initiate and conduct eminent domain proceedings in any court having jurisdiction, under such statutes and in such manner as DISTRICT deems necessary and proper to protect the interests of DISTRICT. If eminent domain proceedings are initiated and a settlement is negotiated prior to a court determination, the settlement shall not exceed the total of the highest appraisal, assuming it is based on sound appraisal principles and data and is reasonable and valid, plus costs incurred to date that would normally be the responsibility of a condemning agency. Such costs might include filing fees, expert witness fees, and non-expert witness fees. SAMPLE AGREEMENT REGARDING FINAL DESIGN, RIGHT-OF- WAY ACQUISITION AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR ARVADA CHANNEL AND RIDGE ROAD TRIBUTARY, CITY OF WHEAT RIDGE Agreement No. 08-01.18 Exhibit C MEMORANDUM This MEMORANDUM is entered into this day of .20_ by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT, a quasi-governmental entity, whose address is 2480 West 26th Avenue, Suite 156-B, Denver, Colorado 80211 (hereinafter called "DISTRICT") and . a governmental entity, whose address is (hereinafter called "CITY") and collectively known as "PARTIESII; WHEREAS, PARTIES entered into "Agreement Regarding Final Design, Right-of-Way Acquisition and Construction of Drainage and Flood Control Improvements for ." Agreement No. on or about ,20_. (hereinafter called "AGREEMENT"); and WHEREAS, AGREEMENT is unrecorded, however PARTIES have agreed in AGREEMENT to record this MEMORANDUM in the records of the Clerk and Recorder of State of Colorado, in order to put all who inquire on notice of AGREEMENT and in particular Paragraph 7.C of AGREEMENT; and WHEREAS, in AGREEMENT, PARTIES agreed to participate equally (up to a maximum of $ each) in the cost of the construction of drainage and flood control improvements for within CITY boundaries which include (hereinafter called "PROJECT"); and WHEREAS, construction of PROJECT may require the acquisition by CITY of real property; and WHEREAS, AGREEMENT further provides that CITY will own all real property required to construct the improvements and that CITY ownership of that real property shall be subject to the terms and conditions of AGREEMENT and in particular Paragraph 7.C of AGREEMENT; and WHEREAS, Paragraph 7.C of AGREEMENT provides in appropriate part as follows: "7.C. Ownershio of Prooertv and Limitation of Use. CITY shall own the property either in fee or non-revocable easement and shall be responsible for same. It is specifically understood that the right-of-way is being used for drainage and flood control purposes. The properties upon which PROJECT is constructed shall not be used for any purpose that will diminish or preclude its use for drainage and flood control purposes. CITY may not dispose of or change the use of the properties without approval of DISTRICT. If, in the future, CITY disposes of any portion of or all of the properties acquired upon which PROJECT is constructed pursuant to this Agreement, changes the use of any portion or all of the properties upon which PROJECT is constructed pursuant to this Agreement, or modifies any of the improvements located on any portion of the properties upon which PROJECT is constructed pursuant to this Agreement, and CITY has not obtained the written approval of DISTRICT, prior to such action, CITY shall take any and all action necessary to reverse said unauthorized activity and return the properties and improvements thereon, acquired and constructed pursuant to this Agreement, to the ownership and condition they were in immediately prior to the unauthorized activity at CITY's sole expense. In the event CITY breaches the terms and provisions of this Paragraph 7.C and does not voluntarily cure as set forth above, DISTRICT shall have the right to pursue a claim against CITY for specific performance of this portion of the Agreement. n; and WHEREAS, CITY has just acquired the real property described in Exhibit Z attached hereto and incorporated herein by reference, as if set forth verbatim herein, pursuant to the terms and conditions of AGREEMENT for the construction of PROJECT; and WHEREAS, PARTIES intend that the terms and provisions of AGREEMENT, including but not limited to Paragraph 7.C of AGREEMENT set forth verbatim above, shall apply to and control the real property described in Exhibit Z, IT HAS BEEN AGREED previously in AGREEMENT by and between PARTIES that the terms and provisions of AGREEMENT, including but not limited to Paragraph 7.C of AGREEMENT set forth verbatim above shall apply to and control the real property described in Exhibit Z, now owned by CITY and that this MEMORANDUM be placed of record for the purposes of encumbering the real property described in Exhibit Z with the limitations and restrictions set forth in this MEMORANDUM. This MEMORANDUM is not a complete summary of AGREEMENT. Provisions in this MEMORANDUM shall not be used in interpreting AGREEMENT's provision. In the event of conflict between this MEMORANDUM and the unrecorded AGREEMENT, the unrecorded AGREEMENT shall control. URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (SEAL) By ATTEST: Title_ Executive Director Date STATE OF COLORADO ) ) ss. CITY OF ) Subscribed and sworn to before me this day of WITNESS my hand and official seal. (SEAL) Notary Public My Commission Expires ,20-, by ATTACHMENT 3 -1)- . ::a ::a '-< ;'111 ',c )- ~g ::an -<:I: a)- ~I -m zr- )-)- G)z ma - s:::a .,,- ::a a 0G) <m m::a s:0 m)- za -I ~ ~.I..( - _ y City of ?WheatRLdge ITEM NO:----&. REQUEST FOR CITY COUNCIL ACTION ~~ ~G~ I III WI ~1>- COUNCIL MEETING DATE: April 14, 2008 TITLE: RESOLUTION 19-2008 - A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WHEAT RIDGE AND THE JEFFERSON COUNTY E-911 AUTHORITY BOARD CONCERNING llm JEFFERSON COUNTY COMBINED INCIDENT DISPATCH TEAM o PUBLIC HEARING o BIDSIMOTIONS ~ RESOLUTIONS o ORDINANCES FOR 1 ST READING (mmlddlyyyy) o ORDINANCES FOR 2ND READING (mmlddlyyyy) Quasi-judicial: o YES ~ NO f1l1J~~~ Ctllef of Police City~~ EXECUTIVE SUMMARY: Law enforcement agencies in Jefferson County have developed a Combined Incident Dispatch Team (CIDT) comprised of specially-trained emergency dispatch members who are qualified to operate dispatch and communications equipment during an emergency when a local entity cannot respond to or adequately handle an emergency without assistance from other law enforcement, firefighting, dispatch, andlor emergency-service providers. The Jefferson County E-911 Authority has approved by Resolution a policy authorizing the E-911 Authority to reimburse personnel expenses necessarily incurred for a replacement dispatcher to fill a dispatching position vacated by a CIDT Dispatcher participating in emergencies or training with the ClOT, if such personnel expense(s) are not reimbursed by a third party. This Memorandum of Understanding authorizes the use of dispatchers for the Jefferson County CIDT for any local or statewide level emergency incidents. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: This Memorandum of Understanding establishes a process to reimburse agencies who participate in the Jefferson County Combined Incident Dispatch Team in the event of a local or statewide emergency. If an emergency situation occurs, each organization participating in this agreement has the discretion to determine ifthey can contribute personnel resources to a particular emergency. Reimbursement requests for personnel expenses for CIDT training or an emergency event are reimbursable through the E-911 Authority for any replacement dispatcher to fill the dispatching position vacated by the agency's CIDT dispatcher, if the personnel costs are not reimbursed by a third party. ALTERNATIVES CONSIDERED: 1. Do not participate in the Memorandum of Understanding. Staff does not recommend this alternative. Participation in this Memorandum of Understanding benefits the Wheat Ridge Police Department, the City of Wheat Ridge, communities within Jefferson County and the State of Colorado in the event of an emergency event. 2. Approve the Memorandum of Understanding. FINANCIAL IMPACT: There are no financial impacts identified. This Memorandum of Understanding establishes procedures to seek reimbursements for personnel expenses from the E-911 Authority Board. RECOMMENDED MOTION: "I move to approve Resolution 19-2008 - A Resolution Approving a Memorandum of Understanding Between the City of Wheat Ridge and the Jefferson County E-911 Authority Board Concerning the Jefferson County Combined Incident Dispatch Team". Or, "I move to postpone indefinitely Resolution 19-2008 - A Resolution Approving a Memorandum of Understanding Between the City of Wheat Ridge and the Jefferson County E-911 Authority Board Concerning the Jefferson County Combined Incident Dispatch Team for the following reason(s) " Report Prepared by: Chief Dan Brennan Reviewed by: Chief Dan Brennan ATTACHMENTS: 1. Resolution from the Jefferson County Emergency Communications Authority 2. Memorandum of Understanding 3. Resolution 19-2008 RESOLUTION FOR PAYMENT OF DISPATCHER PERSONNEL COSTS ASSOCIATED WITH THE COMBINED INCIDENT DISPATCHING TEAM A RESOLUTION AUTHORIZING PAYMENT OF PERSONNEL DISPATCHER COSTS ASSOCIATED WITH THE COMBINED INCIOENT DISPATCHING TEAM WHEREAS, C.R.S. ~ 29-11-104(2)(b)(II) authorizes funds to be spent for personnel expenses necessarily incurred for emergency telephone calls and dispatch them app.vp.iately; and WHEREAS, the Jefferson County Sheriff's Office has established a Combined Incident Dispatch Team ("ClOT") to provide emergency dispatching services under certain circnmstances; and WHEREAS, the public safety answering points within Jefferson County may provide dispatchers to make up the ClOT; and WHEREAS, the process of permitting dispatchers to work. with the CIDT has created a financial burden on the entities employing the dispatchers; and WHEREAS, it is in the public interest and for the public safety that dispatchers be permitted to participate with the ClOT. NOW, THEREFORE, BE IT RESOL YED by the Board of Directors of the Jefferson County Emergency Conununications Authority that the Authority will reimburse the personnel expense necessarily incurred for the replacement dispatcher to fill the dispatching position vacated by a ClOT dispatcher participating in emergencies or training with the ClOT, and the cost is not reimbursed by a third party. UPON MOTION MADE AND SECONDED on this 18th day of October, 2007, the foregoing Resolution was adopted by the following vote: Bill Kilpatrick, Chairman Don Angell, Treasurer Tim McSherry Bill Lucatuorto Yes Yes Yes Absent ..tf~j .4Ort~ Bill Kilpatrick, Chaman STATE OF COWRADO ) ) ss. COUNTY OF JEFFERSON ) Witness my hand and official seal. Subscribed and sworn to before me this 18th day of October, 2007, by Bill Kilpatrick. ~~ o<"p..~!.!:ue( ~ ...". ...... /('- l ~ ;nl:l\i~11 t!"T- \l!\c fHARP J 0 . "~i!.>n Expi!:~f ~ '" :':oo~~ff .'~j;'''c~ My Commission Expires JANUARY 19. 2011 /]. N6tary My Co ATTACHMENT 1 A MEMORANDUM OF UNDERSTANDING CONCERNING THE COMBINED INCIDENT DISPATCH TEAM 1.0 PARTIES. This Memorandum of Understanding ("MOO") is dated for reference purposes only as January 2,2008 between the Arvada Fire Protection District, the Arvada Police Department, the Evergreen Fire Protect District, the Golden Police Department, the Jefferson County E-911 Emergency Communications Authority, the Jefferson County Sheriffs Office, the Lakewood Police Department, the West Metro FiTe Protection District, the Westminster Police Department, and the Wheat Ridge Police Department ("Parties" collectively or "Party" individually). 2.0 RECITALS. 2.1 Governments are authorized pursuant to C.R.S. 929-1-203 to cooperate in the performance of governmental functions; 2.2 The Parties hereto each operate emergency dispatch services; 23. Jefferson County has developed a Combined Incident Dispatch Team ("Jeff Co CIDT" and "CIDT"); 2.4 The CIDT is staffed by dispatchers, who are available on an as-needed basis from one or more of the Parties hereto, in instances when the CIDT needs dispatchers for emergency or training purposes; 2.5 The Jeff Co CIDT was created to respond to Incidents (defined below) by offering professional-level dispatch, communication, documentation, management, and leadership; 2.6 The CIDT Dispatchers (defined below) are specially-trained dispatchers from the Parties hereto; and 2.7 The establishment of a Memorandum of Understanding authorizing the use of dispatchers for the Jeff Co CIDT on a statewide level for Incidents serves the public good by promoting the safety, security, and general welfare ofthe citizens of the State of Colorado. 3.0 DEFINITIONS. Incident means an emergency that a local entity cannot respond to adequately without assistance from other law enforcement, firefighting, dispatch, and I or emergency-service providers. I ATTACHMENT 2 Jefferson County Combined Incident Dispatch Team ("Jeff Co CIDT') means the Jefferson County specially-trained emergency dispatch team qualified to operate dispatch and communications during an Incident from a field command post or other dispatch center. Jeff Co CIDT Member Dispatcher ("CIDT Dispatcher") means a specially trained emergency dispatcher, who is a member of the J effCo ClOT and employed by a Party hereto (collectively referred to as "CIDT Dispatchers"). Jefferson County E-911 Emergency Communications Authority ("E-911 Authority") means the separate legal entity created by intergovernmental agreement (Third Amendment dated January 1,1998) pursuant to C.R.S. S29-ll- 100.5 et. seq. Party means an' entity that has entered into this MOU (collectively referred to as "Parties"). 4.0 PARTICIPATION. When Jeff Co ClOT assistance is requested, the Parties who employ ClOT Dispatchers shall have the discretion to permit their ClOT Dispatchers to participate with the Jeff Co ClOT. 5.0 EMPLOYMENT. The ClOT Dispatchers shall remain employees of their respective Parties during the time they serve with the Jeff Co ClOT. All personnel expenses of a Party's ClOT Dispatcher shall remain the responsibility of such Party. 6.0 REIMBURSEMENT. Each Party employing CIDT Dispatchers may submit to the E-911 Authority a request for reimbursement of personnel expenses incurred for a replacement dispatcher to fill the dispatching position vacated by such Party's ClOT Dispatcher participating in emergencies or training with the ClOT if such personnel expenses are not reimbursed by a third party. 6.1 The E-911 Authority has approved by Resolution (a copy of which is attached to this MOU as Exhibit A) a policy that the E-911 Authority will reimburse personnel expenses necessarily incurred for a replacement dispatcher to fill the dispatching position vacated by a CIDT Dispatcher participating in emergencies or training with the CIDT if such personnel expenses are not reimbursed by a third party. 7.0 FINANCIAL CONTRIBUTIONS. Nothing in this MOD shall require any Party to contribute any funds for any purpose or to any other Party other than for the E-911 Authority to pay the personnel expenses as set forth herein and in accordance with the attached policy. In the event that the E-91 I Authority changes its policy on reimbursing Parties for ClOT Dispatchers and replacement dispatchers, notice of termination of this MOU shall be provided to the Parties in writing at the addresses below listed. 2 8.0 MISCELLANEOUS. 8.1 None ofthe Parties waives the rights, limitations, and defenses of the Colorado Governmental Immunity Act or other rights or protections as otherwise provided by law. 8.2 This MOU may be executed by Parties with separate signature pages, each of which shall constitute an original and together which shall constitute one and the same agreement. 9.0 PARAGRAPH CAPTIONS. The captions ofthe paragraphs are set forth only for the convenience and reference of the Parties and are not intended in any way to define, limit or describe the scope or intent of this MOU. 10.0 INTEGRATION AND AMENDMENT. This MOU represents the entire agreement between the Parties with regards to the subject matter ofthis agreement and there are no oral or collateral agreements or understandings. This MOU may be amended only by an instrument in writing signed by the Parties. If any provision of this MOU is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this MOU shall continue in full force and effect. 11.0 GOVERNING LAW. This MOU shall be governed by the laws of the State of Colorado without regard to its conflicts oflaw principles. 12.0 RESPONSIBILITY. Each Party shall remain responsible for the acts and omissions of its own officials, employees and agents and shall not be responsible for the acts or omissions of the officials, employees or agents ofthe other Parties. 13.0 NON-APPROPRIATION. Payment of personnel expenses as set forth herein is subject to annual appropriation of monies necessary to fund this MOU and the E-911 Authority's authority to expend funds collected in accordance with C.R.S. SS29-11-100.5 et. ~ 14.0 INSURANCE. Each Party shall maintain insurance or self-insurance sufficiently adequate to protect such Party from any liability arising from or relating to such Party's obligations under this MOD. Such insurance shall cover all activities of its employees and agents in connection with this MOD. Each Party shall be responsible for its own acts and omissions and the acts and omissions of its respective employees and agents. Each Party shall waive all right of subrogation or recovery against the other Parties if any incident, accident, act or condition is covered by insurance. 15.0 RELATIONSHIP OF THE PARTIES. Each Party is an independent contractor, and this MOU and the transactions contemplated hereunder shall not create between the Parties a relationship of agency, joint venture, partnership or employment. Each Party acknowledges that the performance of its obligations under this MOU shall not result in any change in the employment status of such Party's employees, and such Party's employees shall remain solely the employees of such Party. 3 16.0 NO THIRD PARTY BENEFICIARIES. Enforcement of the terms and conditions of this MOU and all rights of action relating to such enforcement shall be strictly reserved to the Parties, and nothing contained in this MOU shall give or allow any such claim or right of action by any other person or entity not a party to this MOD. 17.0 FURTHER ASSURANCES. The Parties shall execute any other documents and to take any other action necessary to carry out the intent ofthis MOU. The Parties have executed this Memorandum of Understanding Conceming the Combined Incident Dispatch Team as of the date set forth above. ARV ADA FIRE PROTECTION DISTRICT ARV ADA POLICE DEPARTMENT Jon Greer, Fire Chief 6503 Simms St Arvada, CO 80001-0060 Don Wick, Police Chief P.O. Box 8108 Arvada, CO 80001-8108 BROOMFIELD POLICE DEPARTMENT EVERGREEN FIRE PROTECTION DISTRICT Tom Deland, Police Chief 7 Descombes Drive Broomfield, CO 80020 Gary DeJong P.O. Box 1498 Evergreen, CO 80437 GOLDEN POLICE DEPARTMENT JEFFERSON COUNTY E-911 EMERGENCY COMMUNICATIONS AUTHORITY William Kilpatrick, Police Chief 911 Tenth Street Golden, CO 80401 William Kilpatrick, Chairman 911 Tenth Street Golden, CO 80401 4 JEFFERSON COUNTY SHERIFF'S OFFICE Ted Mink, Sheriff 200 Jefferson County Parkway Golden, CO 80401 WEST METRO FIRE PROTECTION DISTRICT Douglas C. McBee, Fire Chief 433 S. Allison Pkwy. Arvada, CO 80226 WHEAT RIDGE POLlCE DEPARTMENT Dan Brennan, Police Chief 7500 W. 29th Avenue Wheat Ridge, CO 80033 LAKEWOOD POLlCE DEPARTMENT Ron Bums, Police Chief 480 S. Allison Pkwy. Arvada, CO 80226 WESTMINSTER POLlCE DEPARTMENT Lee Birk, Police Chief 9110 Yates Street Westminster, CO 80031 5 i EXHIBIT A E-911 AUTHORITY RESOLUTION 6 RESOLUTION 19-2008 Series of 2008 TITLE: A RESOLUTION BETWEEN THE CITY OF WHEAT RIDGE AND THE JEFFERSON COUNTY E-911 AUTHORITY BOARD APPROVING A MEMORANDUM OF UNDERSTANDING CONCERNING THE JEFFERSON COUNTY COMBINED INCIDENT DISPATCH TEAM WHEREAS, Governments are authorized pursuant to C.R.S. ~29-1-203 to cooperate in the p",ivuuance of goverrunental functions; WHEREAS, The Parties hereto each operate emergency dispatch servlCes; WHEREAS, Jefferson County has developed a Combined Incident Dispatch Team ("Jeff Co CIDT" and "CIDT"); WHEREAS, The CIDT is staffed by dispatchers, who are available on an as-needed basis from one or more of the Parties hereto, in instances when the CIDT needs dispatchers for emergency or training purposes; WHEREAS, The JeffCo CIDT was created to respond to Incidents (defined below) by offering professional-level dispatch, communication, documentation, management, and leadership; WHEREAS, The CIDT Dispatchers (defined below) are specially-trained dispatchers from the Parties hereto; and WHEREAS, The establishment of a Memorandum of Understanding authorizing the use of dispatchers for the JeffCo CIDT on a statewide level for Incidents serves the public good by promoting the safety, security, and general welfare of the citizens of the State of Colorado. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Approves the Memorandum of Understanding between the City of Wheat Ridge and the Jefferson County E-911 Authority concerning the reimbursement of personnel costs necessarily incurred for the replacement dispatcher to fill the dispatching position vacated by a CIDT dispatcher participating in emergencies or training with the CIDT, and the cost is not reimbursed by a third party. ATTACHMENT 3 DONE AND RESOLVED THIS ATTEST: Michael Snow, City Clerk day of April, 2008. Jerry DiTullio, Mayor ~u.. ~ ~ City of ?Wlieat~dge ITEM NO: -6, REQUEST FOR CITY COUNCIL ACTION ~I~$'~ 1\ ,III- I ~",,,,,,,, ".~])>'<1,.. . T.., J!ffr~~li..,.,i(;,~\~ . ...........;;,. Rli [A ~ COUNCIL MEETING DATE: April 14, 2008 TITLE: RESOLUTION 20-2008 - A RESOLUTION AMENDING ItlE FISCAL YEAR 2008 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN AN AMOUNT NOT TO EXCEED $15,000 FOR THE PURPOSE OF SOLICITING A PROFESSIONAL SERVICES CONTRACT TO DEVELOP A BILLBOARD IMPACT FEE STUDY o PUBLIC HEARING o BIDSIMOTIONS ~ RESOLUTIONS o ORDINANCES FOR 1 ST READING (mmlddlyyyy) o ORDINANCES FOR 2ND READING (mmlddlyyyy) Quasi-judi ial: I 0 YES ,LJ I _ I.~ ~ NO Ci~~~ EXECUTIVE SUMMARY: City Council is considering the adoption of a billboard impact fee. In order to better understand and quantify the visual impacts generated from the presence of billboards, City Council is considering completing a development impact fee study. City Staff has contacted several consulting firms that specialize in the development of impact fee studies. Staff has received one preliminary bid with a budget estimate of $7,500 to $10,000. Staff will be soliciting additional bids before contracting with a consultant to p...('uuu this work. In order to provide staff some flexibility in negotiating an appropriate scope of work, staff is requesting a supplemental budget appropriation in an amount not to exceed $15,000. COMMISSIONIBOARD RECOMMENDATION: NA .STATEMENT OF THE ISSUES: In the course of considering amendments to the City's billboard regulations from Chapter 26-711 of the Code of Laws, the possibility of adopting a billboard impact fee has been discussed. There has been City Council discussion regarding the negative visual impacts and impact on community image that can be created by the presence of billboards adjacent to major transportation corridors through the City. In an effort to mitigate those negative visual impacts, the City Council is considering the adoption of a billboard impact fee. In order to quantify the negative visual impacts and impact on community image that result from the presence of billboards, the City Council is considering conducting a development impact fee study. City staff has recommended contracting with a consulting firm that specializes in development impact fee studies. Based on conversations with consulting firms and receiving one preliminary bid, Staff is requesting a supplemental budget appropriation in an amount not to exceed $15,000. ALTERNATIVES CONSIDERED: The option of conducting such a study with in-house staff was considered. However, the expertise required to conduct such work is fairly specialized and staff believes the quality and defensibility of an impact fee study prepared by an outside consultant would be superior in quality. FINANCIAL IMPACT: The requested supplemental budget appropriate is $15,000. There are adequate funds available in the General Fund undesignated reserves to pay for this supplemental budget request. RECOMMENDED MOTION: "I move to approve Resolution 20-2008 - A Resolution Amending the Fiscal Year 2008 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation in an Amount not to Exceed $15,000 for the Purpose of Soliciting a Professional Services Contract to Develop a Billboard Impact Fee Study." Or, "I move to table indefinitely Resolution 20-2008 for the following reaso(s) " Report Prepared by: Ken Johnstone, Community Development Director Reviewed by: Patrick Goff, Deputy City Manager ATTACHMENTS: 1. Resolution 20-2008 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 20-2008 Series of 2008 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2008 GENERAL FUND BUDGET TO REFLECT HiE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN AN AMOUNT NOT TO EXCEED $15,000 FOR HiE PURPOSE OF SOLICITING A PROFESSIONAL SERVICES CONTRACT TO DEVELOP A BILLBOARD IMPACT FEE STUDY WHEREAS, the City Council have discussed the negative visual impacts and impact on community image that can be created by the presence of billboards; and WHEREAS, in an effort to mitigate those negative visual impacts, the City Council is considering the adoption of a billboard impact fee; and WHEREAS, in order to quantify the negative visual impacts and impact on commuuity image that result from the presence of billboards, Staff recommends that the contract with a consultant to conduct a development impact fee study; and WHEREAS, based on conversations with consulting firms and receiving one preliminary bid, Staff is requesting a supplemental budget appropriation in an amount not to exceed $15,000; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City of Wheat Ridge fiscal year 2008 Budget be amended accordingly, specifically transferring a total of$15,000 from General Fund undesignated reserves to account number 01-120-700-750. DONE AND RESOLVED THIS day of April 2008. Jerry DiTullio, Mayor ATTEST: Michael D. Snow, City Clerk ,"\.j~ -,Y City of . ?WheatRLdge ITEM NO: " REQUEST FOR CITY COUNCIL ACTION ~~ COUNCIL MEETING DATE: April 14, 2008 IIILE: APPOINTMENT TO PLANNING COMMISSION o PUBLIC HEARING ~ BIDSIMOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (mmlddlyyyy) o ORDINANCES FOR 2ND READING (mmlddlyyyy) Quasi-judicial: o YES ~ NO ~~ ~'\~~~""'~ ~~ City Clerk ~ \ "",j City Manap\r ~ EXECUTIVE SUMMARY: The Planning Commission has a vacancy in District IV, with a term to expire March 2, 2011. An application from John Dwyer dated March 25, 2008 has been received to fill this position. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: If the appointment is not made the vacancy will remain. This could impact the ability of the Planning Commission to conduct business if a quorum is unable to be held. ALTERNATIVES CONSIDERED: None. RECOMMENDED MOTION: "I move to appoint John Dwyer to the Planning Commission term to expire March 2,2011." Or, "I move not to appoint John Dwyer to the Planning Commission for the following reason(s) " Prepared by: Janice Smothers, Assistant Reviewed by: Michael Snow, City Clerk ATTACHMENTS: 1. Application - John Dwyer Distributed to: Date: B!:xiflt City ClerkY City Treas: M~,1tdd . Council: ~ Mayor: v City Mgr:.... City i ": .---' Q,Jpl.. '3: , I t ;<: ~ (~ .'~\T\' "~-Li:~~.~'ri f-)r 08 t'U\R 25 . PLEASE t,PPL Y ONLY FOR ONE BOARD OR , _,J COMMISSION APPLICATION FOR APPOINTMENT TO THE: Pi/i.1f\,V\" \\.t.~ (lJIYlIf2I~SJ.o/f'1 , (BOARD/COMMISSION/COMMITTEE) DATE: U/J.rc_L.- 2;). 2.t'b<6 DISTRICT / /) HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE:jll Y.~MS ARE YOU A REGISTERED VOTER? \/1" b I WHY ARE, YOU SEEKIN0 THIS APPOINTMENT? t}j:J~/'-NJ 'J"y 'fj p 1"'1"< ""/- ddr,d flj'!,. rf'<;".Qpv\{" .f).,r 'fJ.." A"",,,,/cf"iOUf .~,f' II lht"~+- c . J DO Y~U HAVE EXPERIE~CE IN THIS AREA? I'll" ,.AJ-..^,.f""P ;/Ci.l1n'""s fi'l!"eh'h;s .J.-z, 'fliile it1:"f :Ii J-v,'lff" ,'1 P;' D Ir7 /"d<<y ",if{ 0.11 ur/m4 Hld",r,! 5,{/(,,"'kcPly, HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? Uu ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES?X .p..,./Je, / !'JIII.4 J,2<JVl ,/'or 1.'k'r:.iL ,D'" ,-')/,O"c,;..-_ SIGNATURE -'ic.fiiflf2 PLEASE PRINT OR TYPE NAME: " ~ J)iA)~el ADDRESS: 4::[6$ f?/'I'q'))j ,51. HOME PHONE:<f)~-<l2/)'H3;z, BUSINESS PHONE:_. ,?c2'-?-Lj';;;q--?;1Il). E-MAIL ADDRESS: ~;()hll7~{~lJ'ilt!nJ1<",<;/h1ayos .1',,/)/111 APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR ATTACHMENT 1