HomeMy WebLinkAbout04/14/2008
6:30 p.m. Pre-Meeting
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CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
ADril14.2008
7:00 p.m.
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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
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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+ ..,...~
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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.
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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.
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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
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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
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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
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WITNESSED BY cZU. -
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IllEGAL ALIEN
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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
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?WheatRL-dge
ITEM NO:
I.B I
REQUEST FOR CITY COUNCIL ACTION
. ~~ ~.. . .~",~'
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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
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~ NO
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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
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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
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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.
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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
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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
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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.
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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.
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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
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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
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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.
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"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
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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
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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
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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
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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.
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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
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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
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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'\ _'_"_~"_
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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
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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:
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!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.
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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.
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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' ~
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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
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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.
~~
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JANUARY 19. 2011
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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
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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