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HomeMy WebLinkAbout08/11/2008 6:30 p.m; Pre-Meeting !\ ~!'{m ~\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING Auaust 11. 2008 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF Julv 28.2008 PROCLAMATIONS AND CEREMONIES Proclamation for Annual Carnation Festival Week August 10lh - 1 ih, 2008 CIT!ZENS' RIGHT TO SPEAK 1. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA Item 1. CONSENT AGENDA A. Resolution 41-2008 - A Resolution authorizing the appropriate City Officials to execute an Intergovernmental Agreement (IGA), by and between the County of Jefferson, State of Colorado, and the City of Wheat Ridge, Colorado, regarding the administration of their respective duties concerning the conduct of the coordinated election to be held on November 4, 2008. CITY COUNCIL AGENDA: August 11, 2008 Page -2- B. Resolution 42-2008 - A Resolution authorizing the appropriate City Officials to eXE;lcute an Intergovernmental Agreement (IGA) by and between the County of Jefferson, State of Colorado, and the City of Wheat Ridge, Colorado, regarding the production of a mailed notice concerning ballot issues. (Tabor) C. Resolution 43-2008 - A Resolution approving a contract with the Colorado Department of Transportation for maintenance of traffic signals. D. Resolution 44-2008 - A Resolution approving a Common Use Agreement with the Colorado Department of Transportation and the Lane Ditch Company for maintenance of Lane Ditch Improvements. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Public Meeting on 2009 Budget. ORDINANCES ON FIRST READING Item 3. Item 4. Item 5. Council Bill 14-2008 - An Ordinance submitting a Ballot Question to the Voters of the City of Wheat Ridge at the November 4, 2008 Special Election, concerning amending the Wheat Ridge Home Rule Charter to provide for limitations upon Building Height and Residential Density to be set forth by Ordinance in the Wheat Ridge Zoning and Development Code. Council Bill 15-2008 - An Ordinance submitting a Ballot Question to the Voters of the City of Wheat Ridge at the November 4, 2008 Special Election, concerning a Temporary Sales and Use Tax Rate Increase for the purpose of issuing Revenue Bonds for the reconstruction and streetscaping of portions of West 38th Avenue. Council Bill 16-2008 - An Ordinance submitting a Ballot Question to the Voters of the City of Wheat Ridge at the November 4, 2008 Special Election, concerning General Obligation Bonds for the purpose of financing Neighborhood Flood Control and Storm Drainage Improvements. DECISIONS. RESOLUTIONS. AND MOTIONS Item 6. Resolution 40-2008 - A Resolution amending the fiscal year 2008 General Fund Budget to reflect the approval of a supplemental budget appropriation to the Taste of Wheat Ridge Festival for $10,000.00, approval of $6,500.00 worth of special City services, along with approval of the closure of West 38th Avenue from Pierce Street to Wadsworth Boulevard on September 6, 2008. CITY COUNCIL AGENDA: August 11, 2008 Page -3- Motion to adjourn to Executive Session for a Personnel Matter under Charter Section 5.7(2) and Section 24-6-402(4 )(F) C.R.S., specifically Performance Evaluation of the City Manager. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT \ \ \ \ \ \ i \ \ \ cmIY__~ CITY OF WHEAT RIDGE, COLORADO Julv 28. 2008 Mayor DiTullio called the Regular City Council Meeting to order at 7:02 p.m. Councilmembers present: Karen Adams, Karen Berry, 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; City Treasurer, Larry Schulz; Director of Public Works, Tim Paranto; Chief of Police, Dan Brennan; Planner, Meredith Reckert; staff; and interested citizens. Council Member Dean Gokey was absent. APPROVAL OF MINUTES OF Julv 14. 2008 Motion by Mr. Stites for approval of the Minutes of July 14, 2008; seconded by Mrs. Sang; carried 7-0. PROCLAMATIONS AND CEREMONIES Mayor DiTullio read to Council a note of thanks from Lisa Griffin-Seidel and the Wheat Ridge Piranhas Swim Team with regards to the new Anderson Pool; He handed each member of Council a water bottle from the team. Mayor DiTullio asked MiS. \Nheat Ridge, Karen Thaier, to read City proclamations: Proclamation for Relay for Life. Mrs. Wheat Ridge read the proclamation. The City proclaimed August 15-16, 2008 as "Relay for Life" Days. Wheat Ridge High School student, Tom Meiers, thanked the City for their support and encouraged all citizens to participate in the event at Everitt Middle School. Proclamation for 2008 National Night Out. Mrs. Wheat Ridge read the proclamation and announced the National Night Out event in Wheat Ridge on August 5th, 2008. Police Chief Dan Brennan also spoke of the exciting activities to take place at the kickoff event hosted by the Wheat Ridge Police Department on August 4th, 2008 from 4-8pm in Hayward Park and at the Police Department and encouraged adults and children to participate to see how the Wheat Ridge Police Department fights crime. CACP Pioneer Policing Award. Steve Hasler, City of Lone Tree Police Chief and President of the Colorado Association of Chiefs of Police, presented the award to Chief Brennan and the Wheat Ridge Police Department. The award was given for the innovative training program "Communication and Response Strategies For Peer Counselors", designed to help at-risk High School Students; Chief Brennan recognized the members of the Police Department, especially Sergeants Joe Cassa and Paula Balafas and the Counselors of Wheat Ridge High School for their key contributions to making this program happen. CITY COUNCIL MINUTES: July 28, 2008 Page -2- The City's 5th Annual Business Awards were introduced my Mayor DiTullio. The following awards were given: . Cultural Commission Award to Harriet's Treadle Arts; presented by Terry Womble and accepted by Owners Harriet & Carrie Hargrave. . Vision Award to The Digital Frontier, presented by Lena Rotola and accepted by Owner Mark Scott. . Reinvestment Award to Seyfer Automotive; presented by Mike Stites and accepted by Don Seyfer. . Volunteer of the Year Award to Loretta DiTirro Schwankl; presented by Karen Adams. . Small Business Award to Beds-n-Biscuits; presented by Tracy Langworthy and accepted by Owner Rex John. . Business of the Year to PrimeStar Solar, presented by Wanda Sang and accepted by Mark Audle. . City Council's Partnership Award to First Bank of Wheat Ridge; presented by Karen Berry and accepted by Bank President Denise Weidel. . Mayor's Business and Youth Partnership Award to Village Inn; presented by Mayor DiTullio and accepted by Tim and Paula, who are Village Inn managers. Mayor DiTullio called for a Break and Reception for the Business Awardees at 7:44pm; to resume at 8:07pm. CITIZENS' RIGHT TO SPEAK Tom Radigan encouraged the Council to postpone final decisions on the plans for the development of the Park at 38th & Kipling until the Wheat Ridge Urban Renewal Authority completes their Blight Study of the Kipling Corridor and a comprehensive strategy for the area has been established. Joelle Hedden read a letter to Council on behalf of the Animal Welfare Commission's concern and expressed need for new and updated facilities at the Table Mountain Animal Shelter. The letter encouraged all to visit the facility to see how badly a new building is needed and asked the Council to support allocating dog licensing revenues in excess to the established percentage to the TMAC Building Fund as opposed to the City's General Fund. Claudia Worth told Council the story of a group of 50 children who, on July 23rd, 2008, visited Wheat Ridge's Harvest Christian Church from their sister church, First Reform Church of Warren City, Iowa and performed community service work over the weekend. Mrs. Worth also provided Council updated fliers for the Wheat Ridge Historic Park. Doug Saba, acting Wheat Ridge Fire Chief, provided an update to Council and the Community on the department's status on Response and District Operations. CITY COUNCIL MINUTES: July 28, 2008 Page -3- Karen Thaler updated the Council and the community on the funding for the Wheat Ridge Carnation Festival taking place Aug 14-16 and asked the Council and community members for contributions to fund the festival. Donations may be made to the Wheat Ridge Carnation Festival or the Wheat Ridge Foundation and mailed to P.O. Box 1511, Wheat Ridge, Co 80034. Donations are tax deductible if it is noted on the check to be a donation for the Wheat Ridge Festival. Tom Meiers informed the community and Council of a fundraising event for Relay For Life which will take place July 31S\ 2008 from 5-10pm at Baskin Robbins, 3912 Wadsworth Blvd. Baskin Robbins will donate 20% of ice cream sales revenue that night to the Relay for Life cause. Funds will be used for Cancer Research, Education, Patient Services & Advocacy. More information can be found online at www.WheatRidaeRFL.com. Roger Loecher, spoke about citations he'd recently received for weed height violations on his property, claiming that they were not over 12" in height. Mr. Loecher also provided Council photographs showing weeds on City property adjacent to his that are in violation of the weed height limits. Item 1. CONSENT AGENDA A. Resolution 38-2008 - Amending the fee schedule for criminal justice records of the Wheat Ridge Police Department and the Wheat Ridge Municipal Court. B. Resolution 39-2008 - Amending the fiscal year 2008 budget to reflect the approval of a supplemental budget appropriation in the amount of $7,344.00 for the renewal of the annual maintenance agreement for the Channel 8 Community Bulletin Board Software. C. Approval of Award ITB-08-27 2008 Minor Street Improvements Project in the total amount not to exceed $182,273.51. D. Motion to accept Right-of-Way at southeast corner of West 32nd Avenue and Youngfield Street. Consent Agenda was introduced and read by Mr. Stites. Motion by Mr. Stites for approval of the Consent Agenda; seconded by Mrs. Sang and Mrs. Langworthy; carried 7-0. CITY COUNCIL MINUTES: July 28, 2008 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Page -4- Item 2. Council Bill 1 0-2008 - An Ordinance authorizing the approval of a change of zoning conditions on property zoned planned commercial development and for approval of an amended outline development plan at 6340 W. 38th Avenue. (Case No. WZ-08-02/Shaw Sign for Highland South and West) Mayor DiTullio opened the Public Hearing. Council Bill 1 0-2008 was introduced on second reading by Mr. Womble. City Clerk Michael Snow assigned Ordinance No. 1414. Mayor DiTullio swore in all speakers at once. Ms. Reckert presented the staff report (attached to this packet) and submitted into record the City's Comprehensive Plan. Jonathon Harshaw, representing the Highland West and Highland South properties, spoke in favor of the proposed changes in the zoning conditions. Mayor DiTullio closed the public hearing. Motion by Mr. Womble to approve Council Bill 10-2008 (Ordinance 1414) on second reading for the following reasons: 1. The sign is an appropriate amendment for the site in that it is proportionate to the northern structure on the property. 2. The sign code does not distinguish between a three unit multi-family development or one of this size which has 237 units. 3. The proposed sign would be an investment in the property. With the following conditions incorporated into the plan set prior to recording: 1. The title be corrected to reference Highland South Planned Residential Development. 2. The legal description be corrected. 3. A note be added that all other provisions of the existing ODP remain in force. 4. It be noted that the site data table on page one relates only to lot one. Seconded by Mrs. Sang; carried 7-0. Item 3. Council Bill No. 11-2008 - An Ordinance amending Sections 17.1, 17.22 and 17.32 of the Wheat Ridge Code of Laws concerning restrictions of use of Lakes and Waterways within the City. Mayor DiTullio opened the public hearing. Council Bill 11-2008 was introduced on second reading by Mrs. Langworthy. City Clerk Michael Snow assigned Ordinance No. 1415. Chief Brennan presented the staff report. CITY COUNCIL MINUTES: July 28, 2008 Page -5- No citizens were present to speak. Mayor DiTullio closed the public hearing. Motion by Mrs. Langworthy to approve Council Bill 11-2008 (Ordinance 1415) on second reading and that it take effect 15 days after final publication. I further move to amend the second sentence of subsection 17.32(e)(5) to read "in addition, each watercraft, except for kayaks, shall have on board at least one (1) throw flotation device." Seconded by Mrs. Rotola; carried 7-0. Item 4. Council Bill 12-2008 - An Ordinance amending Article IX of the Wheat Ridge Code of Laws concerning Historical Landmark Designation. (Case No. ZOA-08-03) Mayor DiTullio opened the public hearing. Council Bill 12-2008 was introduced on second reading by Mr. Stites. City Clerk Michael Snow assigned Ordinance No. 1416. Ms. Reckert presented the staff report and recommended typographical corrections in Section 3 and Section 9. Claudia Worth pointed out that Section 3 should also include State Historic Designations and asked the Council to amend the Ordinance to reflect this. Charlotte Whetsel, Historical Society President, encouraged Council to take the advice of the Planning Commission to deny this Ordinance. Mrs. Whetsel believed that the Ordinance was proposed out of anger and is detrimental to the City. Doris Ibbison, expressed the desire that the Richards-Hart Estate remain under the direction of the City; urged Council to research carefully what is and should be protected as a Historical property in Wheat Ridge and to deny this Ordinance. John Dwyer spoke against the Ordinance and urged the Council to preserve the Historical Society's role in preservation as a key and necessary element. Mr. Dwyer believes that this ordinance would only make the process of Historic Designation a political one. Mayor DiTullio closed the public hearing. Motion by Mr. Stites to approve Council Bill 12-2008 (Ordinance 1416) on second reading and that it take effect immediately after adoption, with the following amendments as proposed by staff: Section 3.C., first sentence, strike 'or by a member of City Council." Section 9.A., first sentence, strike 'or by a member of City Council." Seconded by Mrs. Sang; carried 6-1 with Mr. Womble voting No. CITY COUNCIL MINUTES: July 28, 2008 Page -6- ORl)I~ANCES ON FIRST READING Item 5. Council Bill 13-2008 - An Ordinance providing for the approval of change of zoning conditions on property zoned Planned Commercial Development and for approval of an amended outline development plan for property located at 3700 Kipling Street (Case No. WZ-08-04/City of Wheat Ridge) Council Bill 13-2008 was introduced on first reading by Mrs. Adams. Motion by Mrs. Adams to postpone Council Bill No. 13-2008, Case No. WZ-08-04, a request for approval of an amended Outline Development Plan for a property located at 3700 Kipling Street, on first reading, to the regular Council Meeting on September 22nd, 2008 and order it published with the Public Hearing set for October 13th, 2008; seconded by Mrs. Rotola. Substitute Motion by Mr. Stites to approve Council Bill 13-2008 on first reading, order it published, public hearing set for Monday, August 25, 2008 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mr. Womble and Mrs. Sang. Substitute Motion carried 4-3 with Council Members Berry, Adams and Rotola voting no. Motion as substituted carried 4-3 with Council Members Berry, Adams and Rotola voting no. CITY MANAGER'S MATTERS Mr. Young encouraged citizens to partici~ate in the National Night Out in Wheat Ridge with the kick-off celebration on August 4t and the Night Out event on August 5th, 2008. Neighbors interested in information about the events may contact Officer Kyle Eversole at 303-235-2948. ELECTED OFFICIALS' MATTERS City Clerk Michael Snow reminded voters of the Primary Polling Place Election taking place on Tuesday, August 12th, 2008. Those voters that have received mail-in ballots may drop voted and signed ballot envelopes in the drop box in the City Clerk's Office at Wheat Ridge City Hall, 7500 W. 29th Ave. Early voting will available only at the Jefferson County Clerk's Office in Golden starting August 4th, 2008. CITY COUNCIL MINUTES: July 28, 2008 Page -7- Council Members expressed their condolences to the Wilde family at the passing of former Mayor Dan Wilde. Mrs. Rotola celebrated Wheat Ridge being recognized in the Andiamo paper recently as having 3 winners of the best-of-the-best Italian restaurants. Those restaurants being recognized were Pietra's for Best Pizza, Vincenza's for Best Bakery and Vinnola's Deli for Best Italian Deli. Mr. Stites commented that he will miss seeing Dan Wilde on his daily walks by his garage. Mr. Stites also encouraged citizens to go see the Wheat Ridge High School turf fields and the beautiful trees just planted there. He also encouraged citizens to do one nice thing each week for their community, and as always, reminded them to "find it and buy it in Wheat Ridge". Mrs. Sang informed citizens that Council Member Dean Gokey is done with chemotherapy, is doing well and will be returning to service soon. Mr. Womble asked the City Manager to look into the weed situation purported in the photos presented by Roger Loecher and to report to Council on the situation. Mayor DiTullio gave his condolences to the Wilde family for their loss; Mayor DiTullio thanked Joey DeMott of Pietra's Pizza for sending out the e-mail about the Best Italian Restaurants in Wheat Ridge and their Primo Awards; he thanked City Council for their support of the Wheat Ridge Business Awards. Mr. DiTullio also thanked the various donors of the public art project; Over $1 ,000 in donations have been received just in the last week in addition to the $3500. Meeting adjourned at 9:38p.m. ~ Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON AUGUST 11, 2008 BY A VOTE OF to Mike Stites, Mayor pro tern The preceding Minutes were prepared according to 947 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. \ \ \ \ \ \ \ \ \ \ \ \ , \ PROCLAMATION ANNUAL CARNATION FESTnl AL \\lEEK August 10th -17th, 2008 WHEREAS, the Wheat Ridge Carnation Festival, an annual event, is celebrating its 39th year; and 'w ~AEAS, the Carnation Festival is a series of events in the community commemorating the history and traditions of Wheat Ridge and celebrating our citizens, businesses and service organizations; and \\t~AEAS, the Carnation Festival mission is to showcase a Wheat Ridge-specific community celebration featuring all the uniqueness and positive energy that our city & its residents have to offer through a broad-based and diverse effort: and W nJ!.AEAS, just a few of the events scheduled for the three-day Carnation Festival at Anderson Park (44th Avenue and Field Street) from Thursday through Saturday include nightly concerts in the park, various contests and booths, artistic and cultural events and displays, and events for kids of all ages; and WHEREAS, the Festival includes a Fireworks Extravaganza at Anderson Park on Friday and Saturday Nights and a Carnation Festival Parade on Saturday at 10;00 a.m. along 38th Avenue; NOW, .I ~AEFORE, on behalf of the City Council I do hereby proclaim August 10th through 17th, 2008 CARNATION FESTIVAL wJ!.J!.,l{ IN WITNESS wt1J!.KEOF, I do hereby set my hand and Seal of the City of Wheat Ridge this 11th day of August, 2008. Jerry DiTullio, Mayor Michael Snow, City Clerk ~ ~ J ~ ~ ~ City of ?WheatRL..dge ITEM NO: L AI REQUEST FOR CITY COUNCIL ACTION 4~~~ ~ (;:&~~L' '1(' > ht:&~f;);,..i~.~ D[ un ~. '\..'l):.A~\<~%ir^~ ~h')~ ", "<.;~ .~~. ~~~4, ,~~ A. ~'J~~ ~~J~i ,.,J~ I COUNCIL MEETING DATE: August 11, 2008 TITLE: RESOLUTION NO. 41-2008 - A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN "INTERGOVERNMENTAL AGREEMENT" (IGA), BY AND BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE COORDINATED ELECTION TO BE HELD ON NOVEMBER 4, 2008. o PUBLIC HEARING o BIDS/MOTIONS i:8J RESOLUTIONS o ORDINANCES FOR 1 ST READING (mm/dd/yyyy) D ORDINANCES FOR 2ND FPADING (rrm'Jddlyyyy) Quasi-judicial: 0 YES ~~f~'~6;~&k i:8J NO Cit~~ EXECUTIVE SUMMARY: The City of Wheat Ridge will participate in a coordinated election on November 4, 2008. The attached Resolution and Intergovernmental Agreement must be executed prior to the election. The documents refer to the respective duties of the County and the City of Wheat Ridge regarding the administration of their respective duties concerning the conduct of the Coordinated Election. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: N/A ALTERNATIVES CONSIDERED: N/A FINANCIAL IMPACT: The City of Wheat Ridge shall pay its pro-rated share of Election costs for all Election services, including, without limitation, staff time (regular and overtime), equipment, forms, materials and supply costs. In addition, the City shall pay its share of pro-rated costs for County employee overtime and temporary employee regular and overtime related to the preparation and conduct of the Election at each employee's pay rate or, if such costs do not exceed $1,000, then $1,000, whichever is greater. The City's pro-rated costs shall be determined in accordance with the formula set forth in Exhibit A attached to, and incorporated into this Agreement. RECOMMENDED MOTION: "I move to approve Resolution No. 41-2008 - A resolution authorizing an Intergovernmental Agreement with the County of Jefferson regarding the Administration of the respective duties concerning the conduct of the Coordinated Election to be held on November 4, 2008." or, "I move to deny the approval of Resolution l~o. 4i-2008 - A resolution authorizing an Intergovernmental Agreement with the County of Jefferson regarding the Administration ofthe respective duties concerning the conduct ofthe Coordinated Election to be held on November 4, 2008, for the following reasons: n Report prepared by: C;hrista J{)nes, D\'qluty City Clerk Report reviewed by: -Patrick Goff, DeputY City Manager ATTACHMENTS: 1. Resolution No. 41-2008 2. Intergovernmental Agreement TITLE: CITY OF WHEAT RIDGE RESOLUTION NO. 41-2008 RESOLUTION 41-2008 - A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN "INTERGOVERNMENTAL AGREEMENT" (IGA), BY AND BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE COORDINATED ELECTION TO BE HELD ON NOVEMBER 4, 2008. WHEREAS, pursuant to Section 1-7-116(2), C.R.S., as amended, the County Clerk and the City of Wheat Ridge shall enter into an agreement for the administration of their respective duties concerning the conduct of the coordinated election to be held on November 4, 2008 ("Election"): and WHEREAS, the County Cierk and the City Cierk of the City of Wheat Ridge (the "City Clerk") are authorized to conduct elections as provided by law; and WHEREAS, the County Clerk will conduct the Election as a "coordinated precinct polling place election" as such term is defined in the Uniform Election Code of 1992, C.R.S. Title 1, as amended ("Code") and the Current Rules and Regulations Governing Election Procedures adopted by the Secretary of State, as amended ("Rules"); and WHEREAS, the City of Wheat Ridge has certain ballot issues and/or ballot questions to present to its eligible electors and shall participate in this coordinated election; and WHEREAS, the County Clerk and the City of Wheat Ridge have determined that it is in the Parties' best interests to cooperate in connection with the Election upon the terms and conditions contained in the Intergovernmental Agreement. AITACHMENT 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge that the appropriate City Officials are hereby authorized to execute the Intergovernmental Agreement by and between the City of Wheat Ridge and the County of Jefferson regarding the administration of the parties' respective duties concerning the conduct of the coordinated election to be held on November 4, 2008. DONE AND RESOLVED on this 11th day of Auaust , 2008 Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk INTERGOVERNMENTAL AGREEMENT FOR COORDINATED ELECTION THIS INTERGOVERNMENTAL AGREEMENT FOR COORDINATED ELECTION (the "Agreement") is made and entered into August 11 ,2008 by and between the CLERK AND RECORDER FOR JEFFERSON COUNTY, COLORADO (the "County Clerk") and the City of Wheat (the "Jurisdiction"), collectively referred to as the "Parties." Ridge '" 11 J'IESSETH WHEREAS, pursuant to C.R.S. ~ I -7- II 6(2), as amended, the County Clerk and the Jurisdiction shall enter into an agreement for the administration of their respective duties concerning the conduct of the general election to be held on November 4, 2008 (the "Election"); and WHEREAS, the County Clerk and the Jurisdiction are authorized to conduct elections as provided by law; WHEREAS, the County Clerk will conduct the Election as a "coordinated precinct polling place election" as such tenn is defined in the Uniform Election Code of 1992, C.R.S. Title I, as amended (the "Code") and the Current RuIes and Regulations Governing Election Procedures adopted by the Secretary of State, as amended (the "RuIes"); WHEREAS, the Jurisdiction has certain ballot issues and/or ballot questions to present to its eligible electors and shall pa.rticipate in this coor-!J"Q'Ail elec+Jon; a.'1d WHEREAS, the County Clerk and the Jurisdiction have determined that it is in the Parties' best interests to cooperate in connection with the Election upon the terms and conditions contained in this Agreement. NOW, THEREFORE, for and in consideration of the promises herein contained, the sufficiency of which is hereby acknowledged, the Parties agree as follows: ARTICLE I PURPOSE AND GENERAL MATTERS 1.01 .Qm!!. The purpose of this Agreement is to set forth the Parties' respective tasks in order to conduct the Election and to allocate the cost thereof. 1.02 Coordinated Election Official. The County Clerk shall act as the "coordinated election official" in accordance with the Code and Rules and shall conduct the Election for the Jurisdiction and do all other things required to be done by it in accordance with the Code and the RuIes. I ATTACHMENT 2 The County Clerk designates Joshua B. Liss as the "Contact Officer" to act as the primary liaison between the County Clerk and the Jurisdiction. The Contact Officer shall act under the authority of the County Clerk and shall have primary responsibility for the coordination of the Election with the Jurisdiction and completion of procedures assigned to the County Clerk hereunder. Nothing herein shall be deemed or construed to relieve the County Clerk or the Jurisdiction from their official responsibilities for the conduct of the Election. 1.03 Deshmated Election Official. The Jurisdiction designates Michael Snow ,ri tv Cl..rk as its "Election Officer" to act as primary liaison between the Jurisdiction and the Contact Officer. The Election Officer shall have primary responsibility for Election procedures to be handled by the Jurisdiction. The Election Officer shall act as the "designated election official" in accordance with the Code and Rules and shall do all things required to be done by it in accordance with the Code and the Rules. The Election Officer shall be readily available and accessible during regular business hours, and at other times when notified by the Contact Officer in advance, for the purposes of consultation and decision-making on behalf of the Jurisdiction. In addition, the Election Officer is responsible for receiving and timely responding to inquiries made by its voters or others interested in the Jurisdiction's election. 1.04 .Turisdictional Limitation. The Jurisdiction encompasses territory within Jefferson County, Colorado. This Agreement shall be construed to apply only to that portion of the Jurisdiction situated within Jefferson County. 1.05 Term. The term of this Agreement shall be from the date set forth above through December 31, 2008 and shall apply only to the Election. ARTICLE IT DUTIES OF THE COUNTY CLERK 2.01 County Clerk Duties. The County Clerk shall perform the following duties for the Jurisdiction: A. Voter Registration. 1. Supervise, administer and provide necessary facilities and forms for all regnlar voter registration sites. 2. Notify the Jurisdiction of the certified number of registered electors residing within the Jurisdiction as of the close of the registration books on the 29th day prior to the Election. B. Ballot Preparation. 1. Layout the text ofthe ballot in a format that complies with the Code and the Rules. 2 2. Provide ballot printing layouts and text for the Jurisdiction's review and signature. 3. Certify the ballot contentto the printer( s). 4. Contract for mail-in ballots, sample ballots and precinct polling place ballots with a vendor acceptable to the County Clerk. C. Voter Lists. 1. Upon request of the Jurisdiction, create a list of registered voters containing the names and addresses of each elector registered to vote in the Jurisdiction. The Jurisdiction shall pay the County Clerk for the cost of such list at the County Clerk's standard rate. 2. Upon request of the Jurisdiction, certify such registration list to one or more designated representatives of the Jurisdiction. D. Staff. Appoint and train a sufficient number of staff (including part-time, full- time and temporary) to adequately serve the number of electors registered to vote at the Election. E. Election Judges. Appoint and compensate a sufficient number of election judges for each polling location and for locations for absentee ballots, as required by law. The Jurisdiction shall pay its pro-rated share of Election costs (as further described in Article IV) for training, criminal background records checks and compensation of election judges. F. Mail-In and Early Voting. 1. Conduct mail-in, early and emergency voting in the County Clerk's offiCe and at other locations for the Jurisdiction as required by the Code. 2. Obtain and provide all ballots and supplies necessary for mail-in, early and emergency voting together with replacement ballots. G. Election Supplies. Provide all necessary equipment, forms and supplies to conduct the Election, including the County's electronic voting equipment. The Jurisdiction shall be charged its pro-rated share of Election costs for any software programs used to count voted ballots as well as pre- and post-election maintenance and on-site technical personnel. H. Election Day Preparation. 1. Prepare and run pre-election logic and accuracy testing in accordance with C.R.S. g 1-7-509(2) and the Rules. 3 2. Provide necessary electronic voting equipment together with personnel and related computer equipment for pre-election logic and accuracy testing and Election day needs. I. Voted Ballot Deposit 1. Provide a ballot box and seal within the Jurisdiction's primary business location for the use by all county voters. 2. Provide daily business-day pick-up of the sealed ballot box containing voted ballots from all assigned locations, and provide a replacement empty ballot box and seal. J. Election Day Activities. 1. Provide telephone and in person support from 6:00 am. to the conclusion of ballot counting on Election day. 2. Inspect voted ballots, count ballots and furnish the Jurisdiction with unofficial results of the Election. K. Counting Ballots. Jurisdiction. 1. Conduct and oversee the ballot counting process and report the results by 2. Establish backup procedures and backup sites for ballot counting should counting equipment fail. In such event, counting procedures will be moved to a predetermined site for the duration of Election counting procedures. 3. Provide personnel to participate in and assist with ballot counting procedures. The Jurisdiction shall participate to ensure its participation in any ekv;'""ic vote tabulating processes. L. Certifying Results. 1. Appoint, instruct and oversee the board of canvassers. 2. Certify the results of the Jurisdiction's Election within the time required by law and provide the Jurisdiction with a copy of all Election statements and certificates, which are required under the Code. law. 3. If a recount is called for, conduct a recount in accordance with applicable 4 4. Conduct post-election audit of voting equipment and vote-counting equipment in accordance with C.R.S. ~ 1-7-509 and the Rules. M. Recordkeeping. I. Store all Election records as required by law. Store all voted and unvoted ballots for the time period required by the Code, store voter affidavits of electors who cast ballots in the Election for a minimum of25 months in such a manner that they may be accessed by the Jurisdiction, if necessary, to resolve any challenge or other legal questions that might arise regarding the Election. 2. Capture vote history for the County Clerk's election department vote history file by County precinct. 2.02 No Exnansion of Duties. Nothing contained in this Agreement is intended to expand the duties of the County Clerk beyond those set forth in the Code or the Rules. ARTICLE III DUTIES OF JURISDICTION 3.01 duties: Jurisdiction's Duties. The Jurisdiction shall perform the following A. Authority. Provide the County Clerk with a copy of the ordinance orresolution stating that the Jurisdiction has adopted the Code and that the Jurisdiction will participate in the Election in accordance with the terms and conditions of this Agreement. The ordinance or resolution shall further authorize the presiding officer of the Jurisdiction or other designated person to execute this Agreement. B. Call and Notice. Publish all notices relative to the Election as required by the Code, the Rules, the Jurisdiction's Charter and any other statute, rule or regulation. C. Voting Jurisdiction. Furnish the County Clerk with maps or other legal descriptions of each precinct, ward and voting jurisdiction no later than August 26, 2008. D. Petitions, Preparation and Verification. Perform all responsibilities required to certify any candidate or iuitiative petition to the ballot. E. Ballot Preparation. 1. Submit a copy of the list of candidates, ballot issues or questions and the titles and summaries of each such issue and question to the County Clerk via email or electronic format exactly as such list is to be printed on the ballot pages no later than September 5, 2008 at 3:00 p.m. 5 2. Proof the layout and text of any official ballot before authorizing the printing of such ballot via signature approval to the COWlty Clerk. F. Election Day Preparation. Provide a minimum of one individual to represent the Jurisdiction at pre-election logic and accuracy testing reqnired by the Code and the Rules and provide a minimum of one individual to represent the Jurisdiction on the canvass board, which shall be established as provided in C.R.S. ~1-1O-101, et. seq. The name of the Jurisdiction's representative shall be submitted in writing to the Contact Officer on or before 5:00 p.m. on October 20,2008, the 15th day prior to the Election. G. Voted Ballot Deposit. 1. Provide a prominent location for a sealed ballot box in which all county voters may deposit their voted ballot. The ballot box must be available to voters from 7:00 a.m. to 7:00 p.m. on the day of the Election. 2. Provide constant supervision during business hours for the ballot box and ensure that the ballot box is never left unattended. 3. all non-business hours. Provide a secure, locked storage location for the ballot box during 4. Provide for the secure delivery of sealed ballot boxes to the County Clerk immediately after polls close on Election Day. H. Ballot Counting. Participate in vote tabulating procedures. 3.02 Cancellation of Election bv the Jurisdiction. If the Jurisdiction resolves not to hold the Election, then written notice shall be delivered to the Contact Officer immediately; provided, however that the Jurisdiction shall not cancel the Election after the 25th day prior to the Election. If the Jurisdiction cancels the Election, it shall pay the County Clerk its actual costs relating to the Election, which may include costs incurred both before and after receipt of the Jurisdiction's notice of cancellation, within 30 days after cancellation. The Jurisdiction shall provide notice by publication (as defined in the Code) of cancellation of the Election and a copy of such notice shall be posted at each polling place of the Jurisdiction, in the office of the Jurisdiction and in the office of the County Clerk. 6 ARTICLE IV COSTS 4.01 Election Costs. The Jurisdiction shall pay its pro-rated share of Elections costs for all Election services, including, without limitation, staff time (regular and overtime), equipment, forms, materials and supply costs. In addition, the Jurisdiction shall pay its share of pro-rated costs for County employee overtime and temporary employee regular and overtime related to the preparation and conduct of the Election at each employee's pay rate or, if such costs do not exceed $1,000, then $1000, whichever is greater. The Jurisdiction's pro-rated costs shall be detennined in accordance with the formula set forth in Exhihit A attached to, and incorporated into, this Agreement. 4.02 Invoice. The County shall submit to the Jurisdiction an itemized invoice for all expenses incurred under this Agreement and the Jurisdiction shall remit to the County the total due upon receipt. Any amount not paid within 30 days after receipt will be subject to an interest charge at the lesser of 1 Yz% per month or the highest rate pennitted under law. ARTICLE V MISCELLANEOUS 5.01 Notice~. All notices required to be given under this Agreement shall be deemed received and effective: (1) three days after the same is mailed by first class, certified mail, return receipt; (2) immediately upon hand delivery; or (3) immediately upon confirmation of receipt during regular business hours if sent via facsimile; to the address of the Parties as set forth below or to addresses as may bc designated by a Party hereafter in writing. To the County Clerk: Pamela Y. Anderson Jefferson County Clerk and Recorder 100 Jefferson County Parkway, Suite 2560 Golden, Colorado 80419 Fax: (303) 271-8197 with a copy to: Jefferson County Attorney's Office 100 Jefferson County Parkway, Suite 5500 Golden, Colorado 80419 Fax: (303) 271-8901 To Jurisdiction: Citv of Wheat Ridge }~nn Ye"t 29th Avenue Wheat Ridee. Colorado 80033 Fax: (303)234-5924 Fax: 5.02 ,Amendment. This Agreement may not be modified or amended except in a writing sigued by the Parties. 7 5.03 ~ntire Ayreement. This Agreement and its Exhibits constitute the entire agreement between the Parties as to the subject matter hereof and supersede all prior or contemporaneous agreements, proposals, negotiations, understandings, representations and all other communications, both oral and written, between the Parties. 5.04 Indemnification. To the extent pennitted by law, each Party agrees to indemnify and hold hannless the other Party, its officials, officers, employees and agents from and against any and all losses, costs (including attorneys fees), demands or actions arising out of or related to any negligent actions, errors or omissions of the indemnifying party in connection with the transactions contemplated by this Agreement. 5.05 Conflict of Agreement with Law. Imnairment. If any provision in this Agreement conflicts with the Code, Rules, statute or resolution or ordinance duly adopted by the Jurisdiction, this Agreement will be modified to conform thereto. No subsequent resolution or ordinance of the Jurisdiction shall waive or impair the rights of a Party without the consent of the other Party. 5.06 Time of Essence. Time is of the essence in the performance of this Agreement. The time requirements of the Code and the Rules shall apply to completion of the tasks required by this Agreement. 5.07 No Third Partv Beneficiaries. Enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to the Parties, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other person or entity not a party to !:bis Agreement. 5.08 Further Assurances,. The Parties shall execute any other documents and to take any other action necessary to carry out the intent of this Agreement. 5.09 Governing Law: Jurisdiction & Venue. This Agreement and the rights of the Parties under it will be governed by, and construed in accordance with, the laws of the . State of Colorado, without regard to the conflicts oflaws rules of Colorado. The courts of the State of Colorado shall have sole and exclusive jurisdiction of any disputes or litigation arising under this Agreement. Venue for any and all legal actions arising under this Agreement shall lie in the District Court in and for the County of Jefferson, State of Colorado. 5.10 Headin..s. The section headings in this Agreement are for reference only and shall not effect the interpretation or meaning of any provision of this Agreement. 5.11 Counteroarts. This Agreement may be executed in counterpart, each of which will be deemed an original. Delivery of an executed signature page of this Agreement by facsimile or email transmission will constitute effective and binding execution and delivery of this Agreement. 8 5.12 t?p',!p'rabilitv. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, such provision shall be deemed to be severable, and all other provisions of this Agreement shall remain fully enforceable, and this Agreement shall be interpreted in all respects as if such provision were omitted. 5.13 Immunities Preserved. It is the intention of the parties that this Agreement shall not be construed as a contractual waiver of any immunities or defenses provided by the Colorado Governmental Immunities Act, 924-10-101, C.R.S, et. seq. [Signatures appear on following page.] 9 IN \\'Ul'lJj,SS WHEREOF, the Parties have signed this Intergovernmental Agreement for Coordinated Election as of the date set forth above. J.J:\!' !'.J:\RSON COUNTY CLERK AND RECORDER Bv Name: Pamela Y. Anderson Title: Clerk and Recorder JURISDICTION: B)f Name: Michael Snow Title: City Clerk APPROVED AS TO FORM FOR THE COUNTY CLERK: By Assistant County Attorney APPROVED AS TO FORM FOR THE JURISDICTION: Bv Name: Jerry Dahl City Attorney EXHIBIT A CALCULATION OF ELECTION COSTS FOR A JURISDICTION I) Each ballot style is comprised of different combinations of jurisdictions on the ballot. For example Ballot Style 1 might include the County and State only, Ballot Style 2 might include the County, the State and the Jurisdiction. 2) The County Clerk first determines the total number of voters for each ballot style by utilizing a computer program after ballot information is entered into its system. Then, the total number of voters for each jurisdiction by ballot style is determined by taking the total number of voters for each ballot style and dividing this number by the number of jurisdictions participating in such ballot style. Using the scenario in number 1 above, if Ballot Style 2 had 99 voters, then each entity would be allocated 33 voters because three jurisdictions share that ballot style (99 divided by 3 = 33). 3) The total number of voters ajurisdiction is allocated pursuant to the formula in number 2 above is then divided by the total number of registered voters in the County. Using the example set forth above for Ballot Style 2, each jurisdiction is allocated 33 voters. Thus, 33 is divided by the total number of registered voters to determine the percentage for which each jurisdiction is responsible in connection with Ballot Style 2. For example, if the total number of registered voters was 10,000, then each jurisdiction would be responsible for .33% for Ballot Style 2 (33 divided by 10,000 = .0033 or .33%). 4) After all ballot styles are tallied, the Pw",w,,;""ges for the ballot styles for each jurisdiction are added together to get that jurisdiction's OLand total percentage. For exaulpie, if the J~..,sdiction was included in three ballot styles and the Jurisdiction's resulting percentages for the three ballot styles was 0.6%, 0.25%, and 3.5%, the sum of these percentages for the three ballot styles would result in a grand total of 4.35% (0.6 + 0.25 + 3.5 = 4.35%). 5) The resulting percentage grand total described in the formula in number 4 above is then used to determine ajurisdiction's total cost for the election. For example, if the Jurisdiction's grand total percentage was 4.35% and the total cost of the election was $200,000, then the Jurisdiction would owe $8700.00 ($200,000 multiplied by .0435 = $8700.00). There is a $1000 minimum charge, so no jurisdiction will be charged less than $1000. All numbers used above are for illustration only. The Jurisdiction shall not assume the above examples reflect its actual or estimated cost for the Election. See also sample chart below for further illustration. STYLE NUMBER TOTAL [YEAR] [ELECTION TITLE] [JURISDICTION] NUMBER OF DIVIDED BY THE VOTERS NUMBER OF JURISDICTIONS TOTAL VVltlKS PER JURISDICTION DIVIDED BY TOTAL NUMBER OF BALLOTS ISSUED (000,000) TOTAL PERCENTAGE FOR [JURISDICTION] PERCENTAGE PER JURISDICTION ..~j~ - ~ City of pWheatRL-dge ITEM NO: 1.13, REQUEST FOR CITY COUNCIL ACTION ~~ 1~;m.~J&~ Dli a~ iPol"" 1= .~ ~ .",,0 ~i';;;: ""~~"--f1- -:!l> nnl t:," . ..' "..--;....,,,_. ~~\~ ....,. 4'''~ ~ "--, ''''/I' "'~. ,~.;;.".:.:..." ',"_C,'"..'..> COUNCIL MEETING DATE: August 11, Z008 TITLE: RESOLUTION NO. 42-2008 - A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN "INTERGOVERNMENTAL AGREEMENT" BY AND BETWEEN UiE COUNTY OF JEFFERSON, STATE OF COLORADO, AND UiE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE PRODUCTION OF A MAILED NOTICE CONCERNING BALLOT ISSUES. (TABOR) o PUBLIC HEARING o BIDS/MOTIONS IZI RESOLUTIONS o ORDINANCES FOR I ST READING (mm/dd/yyyy) o ORDINANCES FOR ZND READING (mm/dd/yyyy) Quasi-judicial: 0 YES ~!t~~~Q-= Christa Jones, DePtCity Clerk IZI NO (j2L#, .. City Manaw "'rd> ~ EXECUTIVE SUMMARY: The City of Wheat Ridge will participate in a coordinated election on November 4, Z008. The attached Resolution and Intergovernmental Agreement must be executed prior to the election. The documents refer to the respective duties of the County and the City of Wheat Ridge concerning the production of a mailed notice concerning Ballot Issues that will be submitted to eligible voters of the City of Wheat Ridge. TABOR requires that notices containing election ballot issues of multiple jurisdictions be sent as a package where such jurisdictions overlap. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: N/A ALTERNATIVES CONSIDERED: N/A FINANCIAL IMPACT: The City of Wheat Ridge shall pay its pro-rated share of costs to produce and mail the Notice Package. The City's share of costs shall be based upon the percentage of households in which an "active" registered voter resides, who is an eligible elector of the City, the number of ballot issues, and the number of pages and partial pages used within the Notice Package for the City's notice, in accordance with the formula set forth in Exhibit A, which is attached to, and incorporated into, this Agreement. In addition, the City shall pay $100.00 for each ballot issue and $50.00 for each page or partial page on which the City's notice appears. In addition to the payment set forth above, the City shall pay $200.00 for each ballot question included in the Notice Package. If inclusion of a ballot question increases the cost to produce or mail the Notice Package, the City shall also pay a pro-rated amount based upon the total number of ballot questions submitted by all jurisdictions. RECOMMENDED MOTION: "I move to approve Resolution No. 42-2008 - A resolution authorizing an Intergovernmental Agreement by and between the County of Jefferson, State of Colorado, and the City of\\tneat Ridge, Colorado, regarding the production of a mailed notice concerning Ballot Issues (TABOR)". or !" , (-, ,. , "I move to deny the approval of Resolution No. 42-2008 - A resolution authorizing an Intergovernmental Agreement by and between the County of Jefferson, State of Colorado, and the City of Wheat Ridge, Colorado, regarding the production of a mailed notice concerning Ballot Issues (TABOR), for the following reasons: " Report prepared by: Christa Jones, Deputy City Clerk Report reviewed by: Patrick Goff, Deputy City Manager ATTACHMENTS: 1. Resolution No. 42-2008 2. Intergovernmental Agreement CITY OF WHEAT RIDGE RESOLUTION NO. 42-2008 TITLE: RESOLUTION NO. 42-2008 - A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN "INTERGOVERNMENTAL AGREEMENT" BY AND BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE PRODUCTION OF A MAILED NOTICE CONCERNING BALLOT ISSUES. (TABOR) WHEREAS, pursuant to Section 29-1-203, c.R.S., as amended, the County and the City of Wheat Ridge may cooperate or contract with each other to provide any function or service lawfully authorized to each; and WHEREAS, Article X, Section 20(3)(b) of the Colorado Constitution ("TABOR") and Section 1-7-901, et seq, C.R.S. require the production ofa mailed notice ("Notice") concerning Ballot Issues as defined in the Uniform Election Code of 1992, Title I, C.R.S., as amended (the "Code") that will be submitted to eligible voters of the City of Wheat Ridge in connection with the general election to be held on November 4, 2008 (the "Election"); and WHEREAS, TABOR requires that notices containing Election ballot issues of multiple jurisdictions be sent as a package where such jurisdictions overlap (the "Notice Package"); and WHEREAS, the Parties desire to set forth their respective responsibilities for production and mailing ofthe Notice Package in connection with the Election. NOW, THEREFORE, BE IT RESOL VEil by the City Council of the City of Wheat Ridge that the appropriate City Officials are hereby authorized to execute the Intergovernmental Agreement by and between the City of Wheat Ridge and the County of Jefferson regarding the administration of the parties' respective duties concerning the requirement of a mailed notice concerning Tabor Issues. DONE AND RESOLVED on this II th day of Au<!ust. 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk ATTACHMENT 1 \ \ \ \ \ \ \ \ \ --....-. INTERGOVERNMENTAL AGREEMENT FOR BALLOT ISSUE NOTICE THIS INTERGOVERNMENTAL AGREEMENT FOR BALLOT ISSUE NOTICE (the "Agreement") is made and entered into -&'''1"'''',1: 11 , 2008 by and between the CLERK AND RECORDER FOR JEFFERSON COUNTY, COLORADO (the "County Clerk") and f'H~ n-f lJhP~1: l?iifv.. (the "Jurisdiction"), collectively referred to as the "Parties". WITNESSETH WHEREAS, pursuant to C.R.S. ~29-1-203, as amended, Jefferson County and the Jurisdiction may cooperate or contract with each other to provide any function or service lawfully authorized to each; WHEREAS, Article X, Section 20(3)(b) of the Colorado Constitution ("TABOR") and C.R.s. ~ I -7-901, et. seq., require the production of a mailed notice concerning "ballot issues" (as defined in the Uniform Election Code of 1992, C.R.S. Title I, as amended) (the "Code") that will be submitted to eligible voters of the Jurisdiction in connection with the general election to be held on November 4, 2008 (the "Election"); WHEREAS, TABOR requires that notices containing Election ballot issues of multiple jurisdictions be sent as a package where such jurisdictions overlap (the ''Notice Package"); and WHEREAS, the Parties desire to set forth their respective responsibilities for production and mailing of the Notice Package in connection with the Election. NOW, THEREFORE, for and in consideration of the promises herein contained, the sufficiency of which is hereby acknowledged, the Parties agree as follows: ARTICLE I PURPOSE AND GENERAL MATTERS 1.01 !i!!l!!. The purpose of this Agreement is to set forth the respective duties of the Parties in connection with the production and mailing of the Notice Package. Nothing w,,;..:ned in this Agreement is intended to expand the duties of the County Clerk beyond those duties set forth in the Code or the current Rules and Regulations Governing Election Procedures adopted by the Secretary of State, as amended (the "Rules"). 1.02 Coordinated Election Official. The County Clerk shall act as the "coordinated election official" in accordance with the Code and Rules and shall participate in the production and mailing of the Notice Package and do all other things required to be done by it in accordance with the Code and the Rules. I A I I ACHMENT 2 The County Clerk designates Joshua B. Liss as the "Contact Officer" to act as the primary liaison between the County Clerk and the Jurisdiction. The Contact Officer shall act under the authority of the County Clerk and shall have primary responsibility for the coordination of the Notice Package for the Jurisdiction and completion of procedures assigned to the County Clerk hereunder. Nothing herein shall be deemed or construed to relieve the County Clerk or the Jurisdiction from their official responsibilities for the Notice. 1.03 pesilmated Election Official. The Jurisdiction designates Michael Snow t:itv t:lerk , as its "Election Officer" to act as the primary liaison between the Jurisdiction and the Contact Officer. The Election Officer shall have primary responsibility for Election procedures to be handled by the Jurisdiction. The Election Officer shall act as the "designated election official" in accordance with the Code and Rules and shall do all things required to be done by it in accordance with the Code and the Rules. The Election Officer shall be readily available and accessible during regular business hours, and at other times when notified by the Contact Officer in advance, for the purposes of consultation and decision-making on behalf of the Jurisdiction. 1.04 Jurisdictional Limitation. The Jurisdiction encompasses territory within Jefferson County, Colorado. This Agreement shall be construed to apply ouly to that portion of the Jurisdiction situated within Jefferson County. 1.05 Ium. The tenn of this Agreement shall be from the date set forth above through December 31, 2008 and shall apply ouly to the Election. .A..RT!CLE II DUTIES OF THE COUNTY CLERK 2.01 Countv Clerk's Duties. The County Clerk shall perform the following duties for the Jurisdiction: A. Print information in the Notice Package exactly as such information is submitted by the Jurisdiction. B. Determine how to order notices from participating jurisdictions in the Notice Package; however, materials supplied by the Jurisdiction shall be kept together as a group and shall remain in the order submitted by the Jurisdiction. C. Mail the Notice Package as required by the Code and the Rules. The Notice Package shall be produced and mailed by third class standard postage carrier route sort. Nothing shall preclude the County Clerk from sending the Notice Package to persons other than electors of the Jurisdiction if do so arises from the County Clerk's efforts to mail the Notice Package at "least cost" under the Rules. No other notice shall be mailed. The obligation to mail the Notice Package shall constitute the County Clerk's ouly obligation under this Agreement. 2 D. The County Clerk shall print and mail the Notice Package in accordance with time deadlines mandated by the Code and the Rules. The County Clerk shall not be responsible for failure to meet TABOR mailing requirements if the Jurisdiction does not submit its notice by the deadlines and in the form required by this Agreement, the Code or the Rules. ARTICLE III DUTIES OF JURISDICTION 3.01 Jurisdiction's Duties. The Jurisdiction shall perform the following duties: A. Authority. Provide the County Clerk with a copy of the ordinance or resolution stating that the Jurisdiction will participate in the coordinated mailing of the Notice Package in accordance with the terms and conditions of this Agreement. The ordinance or resolution shall further authorize the presiding officer of the Jurisdiction or other designated person to execute this Agreement. B. Draft Notice. Draft its notice for each ballot issue. "Ballot questions" (as defined in the Code) are not required by TABOR, the Code or the Rules to appear in its notice and will be included at the Jurisdiction's sole discretion. Such notice shall consist of the following: a title, full text, pro and con summaries each of 500 words or less, fiscal information required by TABOR, and such other information as is required by the Code. The Jurisdiction shall have sole responsibility for drafting its notice in accordance with TABOR, the Code, and the Rules. c. St!hwlt Notice. Submit such notice to the County Clerk no later than September 23, 2008 at 3:00 p.m. via email, CD or diskette format. D. with its notice. Other. Meet all timelines set forth in the Rules and the Code in connection 3.02 Cancellation of Election bv the Jurisdiction. If the Jurisdiction resolves not to hold the Election, then written notice shall be delivered to the Contact Officer immediately; provided, however that the Jurisdiction shall not cancel the Election after the 25th day prior to the Election. If the Jurisdiction cancels the Election, it shall pay the County Clerk its actual costs relating to the Election, which may include costs incurred both before and after receipt of the Jurisdiction's notice of cancellation, within 30 days after cancellation. The Jurisdiction shall provide notice by publication (as defined in the Code) of cancellation of the Election and a copy of such notice shall be posted in the office of the Jurisdiction, in the office of the County Clerk, and, if the Jurisdiction is a special district, in the office of the division oflocal govermnent. 3 ARTICLE IV COSTS 4.01 Pavment for Notice of Ballot Issues. The Jurisdiction shall pay its pro-rated share of costs to produce and mail the Notice Package. The Jurisdiction's share of costs shall be based upon the percentage of households in which an "active" registered voter resides, who is an eligible elector of the Jurisdiction, the number of ballot issues, and the number of pages and partial pages used within the Notice Package for the Jurisdiction's notice, in accordance with the formula set forth in ,Exhibit A, which is attached to, and incorporated into, this Agreement; provided, however, that a special district's pro-rated share shall be based upon the total number of households within Jefferson County and not merely the number of households within such district. In addition, the Jurisdiction shall pay $100.00 for each ballot issue and 50.00 for each page or partial page on which the Jurisdiction's notice appears. 4.02 Pavment for Notice of Ballot Ouestions. In addition to the payment set forth in 4.01 above, the Jurisdiction shall pay $200.00 for each ballot question included in the Notice Package. If inclusion of a ballot question increases the cost to produce or mail the Notice Package, the Jurisdiction shall also pay a pro-rated amount based upon the total number of ballot questions submitted by all jurisdictions. 4.03 Invoice. The County shall submit to the Jurisdiction an invoice for all expenses incurred under this Agreement and the Jurisdiction shall remit to the County the total due upon receipt. Any amount not paid within 30 days after receipt will be subject to an interest charge at the lesser of 1 Yz% per month or the highest rate permitted under law. ARTICLE V MISCELLANEOUS 5.01 Notices. All notices required to be given under this Agreement are deemed to be received and effective: (1) three days after the same is mailed by first class, certified mail, return receipt; (2) immediately upon hand delivery; or (3) immediately upon confirmation of receipt during regular business hours if sent via facsimile; to the address of the Parties as set forth below or to addresses as may be designated by a Party hereafter in writing. To the County Clerk: Pamela Y. Anderson Jefferson County Clerk and Recorder 100 Jefferson County Parkway, Suite 2560 Golden, Colorado 80419 Fax: (303) 271-8197 with a copy to: Jefferson County Attorney's Office 100 Jefferson County Parkway, Suite 5500 Golden, Colorado 80419 Fax: (303) 271-8901 4 ) To Jurisdiction: City of Wheat Ridge 7~OO w.."t 29th Avenue -WheP~ U;~g" CO R0011 (303)235-2816 Fax: (101)214-~924 5.02 Amendment. This Agreement may not be modified or amended except in a writing signed by the Parties. 5.03 .Entire Am-eement. This Agreement and its Exhibits constitute the entire agreement between the Parties as to the subject matter hereof and supersede all prior or contemporaneous agreements, proposals, negotiations, understandings, representations and all other communications, both oral and written, between the Parties. 5.04 Indemnification. To the extent permitted by law, each party agrees to indemnify, defend and hold harmless the other party, its agents, officers and employees from any and all losses, costs (including attorney's fees and court costs), demands or actions arising out of or related to any negligent actions, errors or omissions of the indemnifying party in connection with the transactions contemplated by this Agreement. 5.05 Conflict of Al!reement with Law, ImDairmen~. If any provision in this A& ...........ent conflicts with the Code, Rules, statute or resolution or ordinance duly adopted by the Ju..TiS(HctiO!1~ tbis Agreement wi!! be modified to conform thereto, No ~ubsequent resolution or ordinance of the Jurisdiction shall waive or impair the rights of a Party without the consent of the other Party. 5.06 Time of Essence. Time is of the essence in the performance of this Agreement. The time requirements of the Code and the Rules shall apply to completion of the tasks required by this Agreement. 5.07 No Third Partv Beneficiaries. Enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to the Parties, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other person or entity not a party to this Agreement. 5.08 Further Assurances. The Parties shall execute any other documents and to take any other action necessary to carry out the intent of this Agreement. 5 , I 5.09 Govemin~ Law: Jurisdiction & Venue. This Agreement and the rights of the Parties under it will be govemed by, and construed in accordance with, the laws of the State of Colorado, without regard to the conflicts oflaws rules of Colorado. The courts of the State of Colorado shall have sole and exclusive jurisdiction of any disputes or litigation arising under this Agreement. Venue for any and all legal actions arising under this Agreement shall lie in the District Court in and for the County of Jefferson, State of Colorado. 5.10 Headin~~. The section headings in this Agreement are for reference only and shall not effect the L~"'.1'."'~4tion or meaning of any provision of this Agreement. 5.11 Counternarts. This Agreement may be executed in counterpart, each of which will be deemed an original. Delivery of an executed signature page of this Agreement by facsimile or email transmission will constitute effective and binding execution and delivery of this Agreement. 5.12 Severabilitv. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, such provision shall be deemed to be severable, and all other provisions of this Agreement shall remain fully enforceable, and this Agreement shall be interpreted in all respects as if such provision were omitted. 5.13 Immunities Preserved. It is the intention of the parties that this Agreement shall not be construed as a contractual waiver of any immunities or defenses provided by the Colorado Governmental hnmunities Act, 924-10-101, C.R.S, et. seq. [Signatures appear on following page.] 6 EXHIBIT A PRO RATA COST FORMULA THIS EXHIBIT IS FOR PURPOSES OF ILLUSTRATION ONLY. The below example assumes a Notice Package with a total cost of$50,000. ,Jurisdiction A B C D % Households 40 o (Spec. Dist. fonning) 35 20 # Issues 1 5 2 3 Each jurisdiction pays a base cost of$100 per ballot issue and $50 per page and partial page: Jurisdiction A B C D # ofIssues 1 @ $100 5 @ $500 2 @ $200 3 @ $300 $1100 Pal!es Use<! 12 @ $600 6 @ $300 6 @ $300 6.@ $300 $1500 Ba~e Cost $700 $800 $500 $600 $2600 Total cost of Notice Package $50,000 - $2600 Base Cost $47,400 Determine weighted average factors by multiplying the percentage of registered voter households by the number of issues: Jurisdiction A B C D % Households x 40 o 35 20 # Issues 1 5 2 3 40 o 70 60 170 $47,400 left to apportion by utilizing weighting factors: Jurisdiction A B C D 40 divided by 170 x $47,400 o divided by 170 x $47,400 70 divided by 170 x $47,400 60 divided by 170 x $47,400 = $11,152.94 o $19,517.65 $16.729.41 $47,400.00 = = IN WITNESS WHEREOF, the Parties have signed this Intergovernmental Agreement for Ballot Issue Notice as of the date set forth above. JEFFERSON COUNTY CLERK AND RECORDER Bv Name: Pamela Y. Anderson Title: Clerk and Recorder JURISDICTION: Bv Name: Michael Snow Title: City Clerk APPROVED AS TO FORM FOR THE COUNTY CLERK: Bv Assistant County Attorney APPROVED AS TO FORM FOR THE JURISDICTION: By Name: Jerry Dahl City Attorney TOTAL COST BY JURISDICTION: Jurisdiction A B C D Base $700 $800 $500 $600 $2600 + Weighted Share = $11,152.94 o $19,517.65 $16.729.41 $47,400.00 Prorated Cost Total $11,852.94 $ 800.00 $20,017.65 $17.329.41 $50,000.00 -I \ \ \ , " \ \ \ '" \. A ~ ~ ~ City of ?WheatRL-dge ITEM NO: I. C. REQUEST FOR CITY COUNCIL ACTION ~~~ 1"-.<'\"'\\' ,\;",'p,'" IT[ln Q:''''-~' .:....,.:--.-.-',......""" -""""'" ...,.........'. . '...-'-., 8"<". ~ COUNCIL MEETING DATE: August 11,2008 TITLE: RESOLUTION NO. 43-2008 - A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF TRAFFIC SIGNALS D PUBLIC HEARING D BIDS/MOTIONS [8J RESOLUTIONS D ORDINANCES FOR I ST READING (mm/dd/yyyy) D ORDINANCES FOR 2ND READING (mm/dd/yyyy) Quasi-judicial: [8J YES ~LP?__L ../_....... {J.:;.A --~v Director of Public Works D NO (~,~ro City ~ana~ ~ 0 EXECUTIVE SUMMARY: Three traffic signals at the 1-70/ 32nd Avenue Interchange owned by the Colorado Department of Transportation (CDOT) are currently being operated and maintained by the City. The City is eligible to receive compensation for maintaining these CDOT-owned facilities. The attached Intergovernmental Agreement provides for payment of $280 per month per traffic signal for a term of five (5) years. The total yearly compensation would be $10,080. (:().MMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: City and CDOT staffs have discussed maintenance obligations concerning new highway and street facilities that will be constructed to accommodate the new Cabela's Shopping Center. CDOT currently requires ownership of traffic signals that control vehicles entering and leaving State freeways, including 1-70 and SH58. Because the traffic signals, both existing and proposed, should be coordinated with City-owned traffic signals, CDOT has agreed to City operation and maintenance of the CDOT signals. With the delay in the Cabela's project, Staff has pursued a maintenance contract with CDOT for the existing traffic signals at the 1-70/ 32nd Avenue Interchange. These signals are located at the west-bound on/off ramp intersection with 32nd Avenue, at the east-bound off ramp intersection with Youngfield Street and at the east- bound on ramp intersection with Y oungfield Street. Once the highway improvements, including the new traffic signals are in place, the maintenance agreement would be amended. The City Attorney has reviewed and approved the proposed contract with CDOT. ALTERNATIVES CONSIDERED: Continue to maintain the CDOT traffic signals without compensation. FINANCIAL IMPACT: The City will receive $10,080 per year to maintain three traffic signals at the 1-70/ 32nd Avenue Interchange. RECOMMENDED MOTION: "I move to approve Resolution No. 43-2008 - A Resolution Approving a Contract with the Colorado Department of Transportation for Maintenance of Traffic Signals." or: "I move to table indefinitely Resolution No. 43-2008 - A Resolution Approving a Contract with the Colorado Department of Transportation for Maintenance of Traffic Signals, for the following reason(s) " Report Prepared by: Tim Paranto, Director of Public Works Report Reviewed by: Patrick Goff, Deputy City Manager ATTACHMENTS: l. Resolution No. 43-2008 2. CDOT Contract 3. Traffic Signal Map CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 43-2008 TITLE: A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF TRAFFIC SIGNALS WHEREAS, the City Council wishes to cooperate with the Colorado Department of Transportation concerning maintenance of traffic signals in the City; and WHEREAS, the City has negotiated a contract with the Colorado Department of Transportation for the City to maintain three traffic signals at the 1-70/ 3Znd Avenue Interchange. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Contract Approved. The contract between the City and the Colorado Department of Transportation for maintenance of three traffic signals at the 1-70/ 3Znd Avenue Interchange is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same. Section 2. Effective Date This Resolution shall be effective immediately upon adoption. DONE AND RESOLVED this day of , Z008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk AI IACHMENT 1 \ 1 \ \ ,', . <. (State $Signal Mtce) City of Wheat Ridge REGION 6, (BR) Rev 10/03 08 HA6 00116 SAP ill 271000744 CONTRACT THIS CONTRACT made this _ day of 20--, by and between the State of Colorado for the use and benefit of the Colorado Department of Transportation hereinafter referred to as the State and THE CITY OF WHEAT RIDGE, 7500 West 29th Avenue, Wheat Ridge, Colorado, 80033, CDOT Vendor #: 2000099, hereinafter referred to as the "Contractor" or the "Local Agency." RECITALS 2. Required approval, clearance and coordination have been accomplished from and with appropriate agencies. I I ! i , I I ! 1. Authority exists in the law and funds have been budgeted, ,,!,!,wp,:ated and otherwise made available and a sufficient uncommitted balance thereof remains available for payment of project and ,Local Agency costs in Fund Number 400, Function 2300, GL Acct. 4541000010, Cost Center R6S58300, (Contract Encumbrance Amount: $10,080.00). 3. Section 43-2-135(1)(i) C.R.S., as amended, requires the State to install, operate, maintain and control, at State expense, all traffic control devices on the state highway system within cities and incorporated towns; and; 4. The parties desire to enter this Contract for the Contractor to provide some or all of the certain maintenance services on state highways that are the responsibility of the State under applicable law, and for the State to pay the Contractor a reasonable negotiated fixed rate for such services; 5. The parties also intend that the Contractor shall remain responsible to perform any services and duties on state highways that are the responsibility of the Contractor under applicable law, at its own cost; 6. The State and the Contractor have the authority, as provided in Sections 29-1-203, 43-1-106, 43-2-103, 43-2-104, and 43-2-144 C.R.S., as amended, and in applicable ordinance or resolution duly passed and adopted by the Contractor, to enter into contract with the Contractor for the purpose of maintenance of traffic control devices on the state highway system as hereinafter set forth; and 7. The Contractor has adequate facilities to perform the desired maintenance services on State highways within its jurisdiction. Page 1 of! 0 A I I ACHMENT 2 . ' THE PARTIES NOW AGREE THAT: Section 1. Scope of Work All of the specific location(s) and type(s)oftraffic control device(s)to be operated and maintained by the Contractor pursuant to this contract are described in Exhibit A, attached hereto and incorporated herein. Such services and highways are further detailed in Section S. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1. Special Provisions contained in section 22 of this contract 2. This contract 3. Exhibit A (Scope of Work) 4. Exhibits C and D (Contract Modification Tools) 5. Other Exhibits in descending order of their attachment. Section 3. Term This contract shall be effective upon approval of the State Controller or designee, or on the date made, whichever is later. The term of this contract shall be for a term of FIVE (5) years. Provided, however, that the State's financial obligation for each subsequent, consecutive fiscal year of that term after the first fiscal year shall be subject to and contingent upon funds for each subsequent year being "1'l"v1',:ated, budgeted, and otherwise made available therefor. Section 4. Project Funding and Payment Provisions I I i A. The Local Agency has estimated the total cost of the work and is 1" ~1''''' ~j to accept the state funding for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly anthorizes the Local Agency to enter into this contract and to complete the work under the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B. B. Subject to the terms of this Contract, for the satisfactory performance of the maintenance services on the Highways, as described in Section 5, the State shall pay the Contractor on a lump sum basis, payable in monthly installments, upon receipt of the Contractor's ';<<;~u.ents, as provided herein. 1. The State shall pay the Contractor for the satisfactory operation and maintenance of traffic control devices under this contract at the rates described in Exhibit C, which is attached hereto and made a part hereof. Provided, however, that the total charges to be paid by the State during each fiscal year beginning July I and ending June 30 of the following year shall not exceed a maximum amount of $10,080.00 without the benefit of a Page 2 of 10 supplemental agreement executed prior to any such excess charges being incurred. Contractor billings and State payments for each of the traffic wu;'vl devices listed in Exhibit B shall be on a "lump sum" basis, in accordance with the rates described in Exhibit C, subject to the maximum amount described above. The Contractor will bill the State monthly and the State will pay such bills within 60 days. 2. The statements submitted by the Contractor for which payment is requested shall contain an adequate description of the type(s) and the quantity(ies) of the maintenance services performed, the date(s) of that p".;:"vuuance, and on which specific sections ofthe Highways such services were performed, in accord with standard Contractor billing standards. 3. If the Contractor fails to satisfactorily perform the maintenance for a segment of the Highways (or portion thereof), or if the statement submitted by the Contractor does not adequately document the payment requested, after notice thereof from the State, the State may deduct and retain a proportionate amount from the monthly payment, based on the above rate, for that segment or portion. Section 5. State and Local Agency Commitments A. The Contractor shall perform the "highway maintenance services" for the certain State Highway System segments described herein. Such services and highways are detailed in Section 1 (or Exhibit A). B. The Contractor shall operate and maintain the specific traffic control devices, and at the particular locations, all as listed on Exhibit A ("the Work"), in a malUler that is consistent with current public safety standards on state highways within its jurisdictional limits, and in conformance with applicable portions of the "Manual on Uniform Traffic Control Devices" and the "Colorado Supplement" thereto, which are referred to collectively as the "Manual" and which are incorporated herein by .";:"".,,uce as terms and conditions of this Contract. The Contractor shall provide all personnel, equipment, and other services necessary to satisfactorily p",:Z....= such operation and maintenance. C. The State shall have the option to add or delete, at any time during the term of this Contract, one or more specific traffic control devices from those listed in Exhibit A, and th"."fv." amend the Work to be performed by the Contractor under this Contract. The State may amend Exhibit A by written notice to the Contractor using a change order letter substantially equivalent to Exhibit D. D. The Contractor may propose, in writing, other potential specific traffic control devices to be operated and maintained by the Contractor during the term of this contract, based on the samerates that had been initially agreed to by the Contractor in Exhibit C. If the State determines in writing that operation and maintenance of those other devices by the Contractor is aI'I'Wp,;ate, and is desirable to the State, and if the State agrees to add such devices to this contract, then the State shall, by written Change Order issued to the Contractor in a form substantially equivalent to Page 3 of 10 , . Exhibit D, add such devices to this contract. E. The Contractor shall perform all maintenance services on an annual basis. The Contractor's performance of such services shall comply with the same standards that are currently used by the State for the State's performance of such services, for similar type highways with similar use, in that year, as determined by the State. The State's Regional Transportation Director, or his representative, shall determine the then current applicable maintenance standards for the maintenance services. Any standards/directious provided by the State's '''y,,,.entative to the Contractor concerning the maintenance services shall be in writing. The Contractor shall contact the State Region office and obtain those standards before the Contractor p".;'vuus such services. F. The Contractor shall p",'::vuu the maintenance services in a satisfactory manner and in accordance with the terms of this Contract. The State reserves the right to determine the proper quantity and quality ofthe maintenance services p".Lu.ed by the Contractor, as well as the adequacy of such services, under this Contract. The State may withhold payment, if necessary, until Contractor performs the maintenance services to the State's satisfaction. The State will notify the Contractor in writing of any deficiency in the maintenance services. The Contractor shall commence corrective action within 24 hours of receiving actual or constructive notice of such deficiency: a) from the State; b) from its own observation; or c) by any other means. In the event the Contractor, for any reason, does not or cannot correct the deficiency within 24 hours, the State reserves the right to correct the deficiency and to deduct the actual cost of such work from the subsequent payments to the Contractor, or to bill the Contractor for such work. I' i G. Performance Measures shall be accounted for within the duration of this contract and will be associated with signal/electrical maintenance. These Measures shall be addressed quarterly and for every quarter of the contract. Performance records shall be kept by the Contractor and a copy sent to the COOT Project Manager listed in this contract. The Contractor shall submit performance documentation to the CDOT Project Manager semi-annually along with the payment requests every July and January. Performance measures shall be conducted on all devices listed in Exhibit A. Section 6. Record Keeping The Local Agency shall maintain a complete file of all records, documents, communications, and other written materials, which pertain to the costs incurred under this contract. The Local Agency shall maintain such records for a period of three (3) years after the date oftermination of this contract or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. The Local Agency shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the State and FHW A to inspect the project and to inspect, review and audit the project records. Section 7. Termination Provisions This contract may be tenninated as follows: Page 4 of 10 This Contract may be terminated by either party, but only at the end of the State fiscal year (June 30), and only upon written notice thereof sent by registered, prepaid mail and received by the non- terminating party not later than 30 calendar days before the end ofthat fiscal year. In that event, the State shall be responsible to pay the Contractor only for that portion of the traffic control device maintenance services actually and satisfactorily p..,'::vu..ed up to the effective date of that termination, and the Contractor shall be responsible to provide such services up to that date, and the parties shall have no other obligations or liabilities resulting from that termination. Section 8. Legal Authority The Local Agency v,,,,,,,,,,;" that it possesses the legal authority to enter into this contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person( s) executing this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this contract. i i ~. Sectiou 9. Representatives aud Notice The State will provide liaison with the Local Agency through the State's Region Director, Region 6, 2000 South Holly Street, Denver, CO 80222. Said Region Director will also be responsible for coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to the Local Agency for commencement of the Work. All communications relating to the day-to-day activities for the work shall be exchanged between representatives of the State's Transportation Region 6 and the Local Agency. All communication, notices, and correspondence shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representatives. If to State: Tammy Maurer CDOT Region 6 Project Manager 2000 S. Holly Street Denver, CO 80222 303-757-9329 If to the Local Agency: Tim Paranto City of Wheat Ridge Director of Public Works 7500 W. 29th Ave. Wheat Ridge, Colorado 80033 303-235-2860 Section 10. Successors Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 11. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State Page 5 of 10 , I I and the Local Agency. Nothing contained in this contract sba1l give or allow any claim or right of action whatsoever by any other third person. It is the ,,,'t',,,.s intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Section 12. Governmental Immunity Notwithstanding any other provision ofthis contract to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, "^t"".S or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, ~ 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, the City, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of~ 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management statutes, ~~ 24-30-1501, et seq., C.R.s., as now or hereafter amended. Section 13. Severability To the extent that this contract may be executed and performance ofthe.obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become invt'v,,,;ive for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 14. Waiver The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement. Section 15. Entire Understanding This contract is intended as the complete integration of all understandings between the parties. No prior or cv";",,,poraneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules. Section 16. Survival of Contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued t'",;:",,,,ance, compliance or effect beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. Page 6 ofl 0 , . Section 17. Modification and Amendment A. This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and ".I:'.I:',,,.ed in accordance with applicable law. B. Either party may suggest renegotiation of the terms of this Contract, provided that the Contract shall not be subject to renegotiation more often than annually, and that neither party shall be required to renegotiate. If the parties agree to change the provisions of this Contract, the renegotiated terms shall not be effective until this Contract is amended/modified accordingly in writing. Provided, however, that the rates will be modified only if the party requesting the rate change documents, in accord with then applicable cost accounting principles and standards (including sections 24-107-101, et sea., C.R.S. and implementing regulations), that the requested increase/decrease is based on and results from (and is .I:"".I:'v.Jonate to) an increase/decrease in the "allowable costs" ofperfonningthe Work. Section 18. Change Orders and Option Letters A. Bilateral changes within the general scope of the Contract, as defined in Section 1 above, may be executed using the change order letter process described in this paragraph and a form substantially equivalent to the sample change order letter attached as Exhibit D, for any of the following reasons. 1. Where the agreed changes to the specifications result in an adjustment to the price, delivery schedule, or time of performance. 2. Where the agreed changes result in no adjustment to the price, delivery schedule, or time of performance. The change order shall contain a mutual release of claims for adjustment of price, schedules, or time of performance. 3. Where the changes to the contract are priced based on the unit prices to be paid for the goods and/or services established in the contract. 4. Where the changes to the contract are priced based on established catalog generally extended to the public. Other bilateral modifications not within the terms of this paragraph must be executed by formal amendment to the contract, approved in accordance with state law. B. The State may increase the quantity of goods/services described in Exhibit A at the unit prices established in the contract. The State may exercise the option by written notice to the contractor within 30 days before the option begins in a form substantially equivalent to Exhibit E. Delivery/p",7"uuance of the goods/service shall continue at the same rate and under the same terms as established in the contract C; The State may also unilaterally increase/decrease the maximum amount payable under this Page 7 of! 0 . . contract based upon the unit prices established in the contract and the schedule of services required, as set by the state. The State may exercise the option by providing a fully executed option to the contractor, in a form substantially equivalent to Exhibit E, inunediately upon signature of the State Controller or his delegate. P ",fv....ance of the service shall continue at the same rate and under the same terms as established in the contract. Section 19. Disputes Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending fInal decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the contract in accordance with the Chief Engineer' s decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be fInal and conclusive and serve as fmal agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this contract, however, shall be construed as making fmal the decision of any administrative official, representative, or board on a question oflaw. Section 20. Does not supercede othcr agreements This Contract is not intended to supercede or affect in any way any other agreement (if any) that is currently in effect between the State and the Contractor for other "maintenance services" on State Highway rights-of-way within the jurisdiction of the Contractor. Also, the Contractor shall also continue to perform, at its own expense, all such activities/duties (if any) on such State Highway rights-of-ways that the Contractor is required by applicable law to perform. Section 21. Subcontractors The Contractor may subcontract for any part of the 1'",;'".=ance required under this Contract, subject to the Contractor fIrst obtaining "1'1'.v lal from the State for any particular subcontractor. The State understands that the Contractor may intend to perform some or all of the services required under this Contract through a subcontractor. The Contractor agrees not to assign rights or delegate duties under this contract [or subcontract any part of the performance required under the contract] without the ""1',,,.8, written consent of the State [which shall not be unreasonably withheld]. Except as herein otherwise provided, this agreement shall inure to the benefIt of and be binding only upon the parties hereto and their respective successors and assigns. Page 8 of 10 , Sedlon 22. SPECIAL PROVISIONS The Special Provisions apply to aU contracts except where noted in italics. 1. CONTROLLER'S APPROVAL. CRS 124-30-202 (I). This contnlct shall not be deemed valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRS i:z4.3o-Z02(S.S). Financial obligations of the State payable after the CUIlent fiscal year are contingent upon funds for that purpose being f.,.,....t'.;...~. budgeted, and otherwise made available. J. INDEMNIFICATION. Contractor shall indemnifY. sav~ and hold harmless the State. its .....r-:...J'-.....> and agents, against any and all claims. damages, liability and coult awards including costs, expenses. and attorney fees and related costs, incurred as a result of any act or omission by Contractor. or its employees. agents, subcontractors. or assignees pursuant to the temlS of this contract (AppUcable Only to IntergoPUllmental ContraClS/No term Of condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities. rights. benefils, protection, or other provisions. oCtbe Colorado Govemmentallmmunity Act, CRS ~2oJ..tO-lOl et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq.. as applicable, as now or hereafter amended. 4. :.... ~....~.(" .o!" lu~.... CONTRACTOR. 4 CCR 801~2. Contractor shall perfonn its duties hereunder as an independent ...~__.....:... and not as an employee. Neither contractor nor any agent or employee of conhactor shall be or shan be deemed to be an agent or employee of the state. C................ shall pay when due all required employment taxes and income taxes and local head taxes on any monies paid by the state pursuant to this contract Contractor acknowledges that contractor and its employees are not entided to unemployment insurance benefits unless contractor or a third party provides such covemge and that the state does not pay for or otherwise provide such coverage. Contractor shall have no authorization, express or implied. to bind the state to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall provide and keep in force workersl compensation (and provide proof of such insurance when requested by the state) and unemployment compensation insurance in the amounts required by law and shall 00 solely responsible for its acts and those of its employees and agents. s. NON~DISCRIMINA TION. Contractor agrees to comply with the letter and the spirit of all applicable State and fedemllaws respecting discrimination and unmir employment pmctices. 6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, exooution, and e.~. ~..........~ of this contracl Any provision of this contmct. whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules, aod regulations shall be considered null and void. Nothing contained in any provision :"~""1""""....J herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law, whether by way of complaint, defense, or _;.:.... ,',:...... Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract, to the extent that this contract is capable of execution. At all times during the perfonnance of this contract, Contractor shall strictly adhere to all applicable federal and State laws, rutes. and regulations that have been or may hereafter be established. 7. VENDOR OFFSET. cas ~~24~30..202 (1) and 24-30.202.4. [Not Applicable to Intergovernmental Agreements) The State Controller may withhold payment of certain debts owed to State agencies under the State's vendor offset intercept system for. (a) unpaid child support debts or child support arreamges; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS ~39--21-101, el seq.; (c) unpaid loans due to the Student Loan Division of the D ~r""":"""'.1 of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts certified by the State Conh'oller as owing to the State as a result of fmal agency determination or judicial action. 8. SOFIW ARE PIRACY PROmBITION. Governor's Executive Order D 002 00. No State or other public funds payable under this contract shall be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies that, for the tenn of this contract and any extensions, Contractor has in place ':'rr"_r_~..le systems and controls to prevent such improper use of public funds. If the State detennines that COntractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this contract, including. without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL U'll J!.u.1!t;)f. CRS t:z4..18-201 and 124-50-507. The signatories aver thatto their knowledge, no employee of the State bas any personal or beneficial interest whatsoever in the service or property descnbed in this contract 10. PUBLIC CONTRACTS FOR SERVICES. CRS 18-17.5-101. [Not Applicable to agreements relating to the oller, issuance, or sale olsecurlJles, investment adl'lsory services or fund management services, sponsored projects, Intergovernmental agreements, or information teclmology servlCi!S or products and services] Contractor certifies. warrants, and agrees that it does not knowingly employ or contract with an iI1ega! alien who will perfonn work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United Slates to "rfnnn wnrk: tinder this ~ through participation in the E- VerifY Program or the Department program established pursuant to eRS ~8-17.S-I02(S)(c), COntractor shall not knowingly employ or contract with an illegal alien to nerfnrrn work: I1I\~er this contract or enter into a contract with a subcontractor that tails to certifY to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to nerfonn worlf IIl1der thi~ cnntract Cnntrac.tnr (a) shall Dot use B-Verity Program or Department program procedures to undertake pre- employment screening of job applicants while this contract is being perfonned, (b) shall notify the subcontractor and the conlJacting State agency within three days if Contractor has actual knowledge that a subconU'aCtor is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the s~:...~...."".... if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course ofan investigation. undertaken pursuant to CRS fi8-l7.5-102(S), by the Colomdo Dwy............. of Labor and Employment If Contractor participates in the Department program, Contractor shall deliver 10 the contracting State agency. institution of higher education or political subdivision a written. notarized affirmation, affinning that ....__:....___ has examined the legal work status of such employee, and comply with all of the other requirements of dIe Department program. If Contractor fails 10 comply with any requirement of this provision or eRS fi8-17.5-101 et seq.. the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so tenninated, Contractor shall be liable fur damages. 11. PUBLIC CONTRACfS WITH NATURAL PERSONS. CRS f24-76.5-IOI. Contractor, if. natural person eighteen (18) years ofage or older, hereby $Wears and affirms under penalty ofperjwy that he or she (a) is a eitizen or otherwise lawfully present in the United States pUfSuantto federal law, (b) shall comply with the provisions ofCRS fi24-76.5-101 et seq., and (c) has produced onc form of identification requi1:ed by CRS ~24.76.S-I03 prior 10 the effective date ofdtis contract. Rev/sedMay 13, 2008 Page 9 of 10 i ! ! i I i I I. I . . THE PARTIES HERETO HAVE EXECUTED In1~ CONTRACT CONTRACTOR: STATE OF COLORADO: BILL RITTER, JR., GOVERNOR Citv of Wheat Rid"e Legal Name of Contracting Entity BIf Executive Director Department of Transportation ;lOOOO~~ COOT Vendor Number Signature of Authorized Officer LEGAL REVIEW: JOHN W. SUTHERS ATTORNEY GENERAL By Print Name & Title of Authorized Officer CORPORATIONS: (A corporate attestation is required.) Attest (SeaQ BIf (Corporate Secretary or Equivalent, or Town/City/County Clerk) (Place corporate seal here, if available) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is nolvalid until the Stale Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: David J. McDermott, CPA BIf Date Page 10 of 10 Exhibit A Exhibit A Scope of Work State Hillhwav Traffic Simal LisOn!! . The City shall maintain the traffic signals and associated stop bars and crosswalks at the locations listed below. . Any reconstruction, modification, or ;'~1" v {ement initiated by the City or performed as a result of a City project shall be included in the maintenance provided by the City. . Any reconstruction, modification, or improvement initiated by the State or performed as a result of a State project shall be paid for separately by the State. . The City shall p".:v.~ inspections of all approaches at each location and submit documentation to COOT by April I Oth for each year of this contract. Inspection shall include, but not be limited to: o Each signal lens is operating and visible o Signal Timing is operating as programmed o Controller and Cabinet are clean and in good repair o Communication to signal is connected and operating o Back up power is tested for proper operation o Vehicle detection is operating properly o All luminaries attached to the signal are operating . Any defects found at these intersections shall be remedied immediately. Defects and remediation shall be documented and kept on file at the City and copied to CDOT. Any defects not remedied within one month of discovery shall incur a price reduction to the monthly compensation of $280.00 per defective signal until all defects of the signal are remedied. . Yearly signal inspections shall include: the cursory visual inspection of signal caissons, bolts, bolt tightening, steel, welds, and attachment hardware and signal conflict monitor testing. Any deficiencies found in bolt tightening and attachment hardware shall be corrected immediately. Any deficiencies in the structure shall be documented and brought to the attention of the project manager. . The City shall be responsible for all damages to signal poles and mast arms at installations that do not conform to current or previous CDOT signal standards. Interstate 70/32nd Avenue: WB off/on ramps at 32nd Avenue Interstate 70 EB off ramp at Y oungfield Street Interstate 70 EB on ramp at Y oungfield Street Number of signal: 3 The monthly CVu'l'"usation provided to the City of Wheat Ridge for services described above shall be $280.00 per signal per month. Exhibit A Page 1 of 1 . . Exhibit B LOCAL AGENCY ORDINANCE or RESOLUTION \ I I \ , I ! i I i I J J I l , . Exhibit C Local Agency Rate Schedule Exhibit C The State of Colorado shall pay the City of Wheat Ridge for the satisfactory operations and maintenance of traffic control devices under this Contract at the following rates: Three signal at $280.00 each per months $ 840.00 per month x 12 months: Amount to be encumbered per year, by the State $ 840.00 per month $ 10,080.00 per year $10,080.00 . . Exhibit D SAMPLE: IaILATERAL CHANGEORDE:R I Dale: I state Fiscal Year: I Bilateral Chanae Order Letter No In aCqllrdal'\oo with ~otion(s) of the, qiigiriQI Ci:lWQct !'<lutirig number (hereinafter Clilledthe "Gontract") betNeen the Slate ofColorado;,lnseri.Name'of DepartmentorHigher Edinslitution, and Contracto~s Namebedinning Insert start date and ending on Iril;8i1;eitding'dQlll,the Qoiitia-Cl anI! ally amendments therelo are.modifi.edQsfollows: (NOTE: Only include the following Optlons(a.IiJiisappiiiJo/Jle to'iluHfiUiQs of your' specific Contract. Don 'rforgeno tklele this Nore.) ODtion,;, Se\'VI"e~Sul''p'lIes . Contract Exhibit , enthled . is amended by adding tothe level olseNicas. The term 01 this Contract is hereby modified lo"qhange the ending term date to Oft.tidn b, Prlm,/Cost Th~@Ximum amoUnt'.payable by the~te foflne.services and/or goods described iil Identify the S~ion, Exhibit, e1c being chaged is increased by$amt 6h:hangeto a newtota; 01$ lxised on the unit pricing schedule In Exhibit , The total CorilractvQlue includiri~ all previous amendments, change orders, etc. is'$. Oetion c, No Cost C1;anal! The changes made herein are "no oosf' changes and shall n'otbe.\he basis for claims lor QdjuSlriTeri! to price, coslceiling, deiivery schedule; or other provisions 01 the. Contract. The Parties' waive and release each other from any claims or demands for "diUstment to the Contract, including but noi limited 10. pr(ce. cost,and schedule, whether baseQ .01'1 cosl$.ol changed work or dlrect.,cr indirect impacts on unchanged work, . i 1. PleaSE! sign, date, and return all copies 01 this Change Order on or beflir~ the state Controller or , """ichever is. later. , The effective date h!lrepfi!; uponappr01lal of THEPAR.TIES HERETO HAVE EXECUTED THIS eWAiIJ$E ORDER .~ persofi$ slgni~gfo,-qlintrall:ror hereby lMllai' and afflril(lhattll'ayili:e authorized to act 9n C.ontrnctor~s bell'alf .and aeknowledgil thatthe state .\srelylng on their reJjresentallolts:-to..thahffect and allcept.personal resJjonslbllltyfor any and all damages the state may iMur f9r,any errors in such representation. . CONTRACTOR Legal Name of Contrac:tor 6y; Name !'if Authorized Indil(iduiil Title: OffldalTitleofAulhprized Individual STATEQFCOLORADO Bill Ritter. Jr. G'OVERNOR Name of-Agency Oi IHE *Si,mature By: Bv. Name & Title,of Person Sleninafor Aeen"" or IHE ALL COi\lfRACTSREQUIRE APPROVAL by .the STATE C.ONTROLLER DIB:sarSf'taii,,3~2!l2 requires the State Controller to apprDve'aJtStateCcmtracls. This Contrac:t is not Vlilid. until SJgjij1~il.ifd,d,ate!l b:elilw bY the state Controller or delegate. qonW~r !$..notaU!horlzed to begin perf()iTiIanc,~ Il~tj! suoh time. 'If CO..;''''v;v,' begins p'erfonning prior thereto.. the State 01oolorado is not obligated to pay COl1tractorfor su.Ch performarice orforany:-g.oodsi!lrf!lfilr servii:es prQvided hel'<llindilr. S:rATECONTROLLJ:R David J. McDermott, cpA By: Name Of.Agencyor IHi:: b'e1egate-PJease delete ~oontractwilrbe routedio OSCfor approval Date: Exhibit D - Page 1 of 1 ,. , Exhibit E SAMPLE IGA OPTION LETTER (This option has heen created by the Office of the State Controller for CDOT nse only) NOTE: This option is limited to the specific contract scenorios listed below AND cannot be used in place of exercising a formal amendment. E!hibit I Date: I State Fiscal Year: I Ootion Letter No. I CLIN Routine # Veudor uame: A. SUBJECI': (Choose applicable options listed below dlill. in section B and delete the rest) 1. Option to renew (for an additional term) applies to Highway and Signal maintenance contracts ONLY; this renewal cannot be nsed to make any change to the original scope of work; 2. Level of service change within current term due to an nnexpected Local ovennatch on an overbid situation ONLY; 3. Option to add phasing to include Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous ONLY (does not apply to AcquisitionlRelocation or Railroads); 4. Option to update funding (a new Exhibit C must be attached with the option letler and shall be labeled C-! (future changes for this option shall be labeled as follows: C-2, C.3, C.4, etc.) B. REQUIRED PROVISIONS. All Option Letters shall contain the "l'PWp.:ate provisions set forth below: Unsert the followim~ lammstle for use with Ontions #n: In accordance with Paragraph(s) of contract routing number linsert FY A ..en"" cotk. & CLTN routin.. #), between the State of Colorado, DepartrnentofTtansportation. and (insert contractor's namel the state hereby exercises the option for an additional tenn of (in.~er1 nerfnrmance nerind here) at a cost/price specified in ParagraphlSectionlProvision of the original contract, AND/OR an increase in the amount of goods/services at the same rate(s) as specified in Paragraph of the original contract .(Insert the followinl! lammofle for use with Ootian #2): In accordance with the terms of the original contract limert FY A..en"" ende & CUN rmdin.. #1 between the State of Colorado, Departrnent of Transportation and (in'ert contractor's name here), the State hereby exercises the option to record a level of service change due to unexpected overmatch dollars due to an overbid situation. The contract is now increased by lindicate additin~al dol/ors here) specified in ParagraphlSectionlProvision of the original contract {Insert the followinu lanml3pe for use with Ootion #3)~ In accordance with the terms of the original contract (insert FY. A..en"" code & CLIN routin<! #J between the State of Colorado, Department ofTran,)pu&~~;-Dn and (invert contractor '.0; name here>. the State hereby exercises the option to add an overlapping phase in (indicate Fiyca[ Year here) that will include (describe which nhao;e will be added and include all that annl" - Desi{7n Conytruction. Environmental_ Utilities. ROW incidentals or Miscellanenuy). Total funds for this contract remain the same findiroote tntal dol/or.. here) as referenced in ParagraphlSectionlProvision/Exhibit of the original contract. (Insert the following lantnlage for use with Ootion #4): In accordance with the tenus of the original contract I in,ert FY. A ..encv cnde & CLTN routin.. #I between the State of Colorado, Departrnent ofTra....~". ;".:on and (i!1.ert contractor~. nome here), the State hereby exercises the option to update funding based on changes from state, federal, local match andlor local agency overmatch funds. Exhibit E - Page 1 of2 Exhibit E The contract is now {select one: increased ond/or decreosedl by (insert dollars herel specified in Paragraph!- Section/-ProvisionlExhibit of the original contract. A new Exhibit C-I is made part of the original contract and replaces Exhibit C. (The following is a NOTE only so please delete when nsing this option: future changes for this option fur Exhibit C shall be labeled as follows: C-2, C-3, C-4, etc.) I r i' (The following Iammage must be included on all ootions):, The amonnt of the cnrrent Fiscal Year contract value is (increosed/decreosedl by ($l''''mmt of chon"e) to a new contract value of ($ ) to satisfy services/goods ordered nnder the contract for the current fiscal year findicate Eiscal Year). The first sentence in Paragraph!Section/Provision is hereby modified accordingly. The total contract value to include all previous amendments, option letters, etc. is {$ \. The effective date of this Option Letter is npen approval of the State Controller or delegate, whichever is later. APPROVALS: For the Contra.ctor: Legal Name of Contractor By: Print Name of Authorized Individual Signature: Date: Title: Official Title of Authorized Individual State of Colorado: Bill Ritter, Jr., Governor By: Date: Executive Director, Colorado Department ofTranoyu,,';;on ALL CONTRACfS MUST BE APPROVED BY THE STATE CONTROLLER CRS ~24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid untll signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins p..~c.~.:ng prior thereto, the State of Colorado is not obligated to pay Contractor for sueh performance or for any l!oods andlor services provided hereunder. State Controller David J. McDermott, CPA By: Date: Exhibit E - Page 2 of 2 ~ ~ " o ~.~ ~ g;:gj1; I ","'00 ~.~~ i8~~m g~~~ o~,g ""..!> g~~ " . " ~ . 0 o ~ . . " ~ ~ 1(' / [~ c z El BRAUN CT !u ~ N \';l. \"1- \~ ',," I ,/ BRAUN CT SERVICE RD BRAUN RD (~~ o lj BRAUN CT '" J BEECH CT h ARBUTUS ST 1!: m i ~ i ]-j , :J: I ~ : 1..---1 _.._.._.._.._.._..~XdUNGFIELD ST ~ XlNON ST cn-l Gi$! z" :POl r- - () WRIGHT ~T WRIGHT CT cv ~ '" '" -j :J: i~ i i i 'r-- ! VIVIAN ST \'''1''''''''1 " ~&l ~~=..,- ;}il" I ltM !I."'~ ~ i h~Ihfhjff~ ~ 'Un- i!i~~;i"'i1 s I hi:r~h:;:fi~h lli.2 I H~lltld~fh=' ~s ~ \. :~~!~E~.!;'.HI 3R-g : ;~r.1l8HU~h ~l~ ~ f~I"!.~}!;,.5~ ~~~ I'" 1'1\ 0" 1.~!. ,h;cf~,I!i "'~~ '" Ft -, !~ifn~i~H! a:~. ~ ;...,H!;if; ~, .I~~.!~~~~.~ ~ '""'ll""'l . ", ",." ~ !.'" 11' ~'i ~ -s .. !I.~" , .' (l) .. PATH: D:IG1SOataIGIS\MXOsITemplal.,lO-siz.,,,,,,<l-am WARl CT '-' '" -j ~ WRIGHT ST WRIGHT ST W ~IGHT CT ( r ..,..l,~ \?' WARD RD ~ ~_ z !ll! ~~~ ~~~.. "(I> 8. g>.." g i ] ;;: ~~fi [ < '., " .,. ~ ~ j: ~ ~ J~ or i' : . i f . < i i ~ ~ ] ~ . i , . i i I " cn-l Gi$! z" :POl r- - () '" '-j :J: 1!: m ~.g ~ l"IOo ..."'Ro '" "".. ~~~ 821'" ~E:<~ ~oo!D \ \ \ \ \ \ \ \ \ \ \ \ \ \ '< ~. ~ City of pWheat:RL..dge ITEM NO: 11), REQUEST FOR CITY COUNCIL ACTION ~.,~(" ,\II... t"oIOI'" "....., -," >~""Y_,'\ ~,,' '~","0~....~..r~:.'.. &, ~<O~ ~,' ~. )J~:,.. ~) ,~ ~ .~. ~/,.{.Cc/1 'ii.,.:::,!.;'::"'T.;.;;"/ ' COUNCIL MEETING DATE: August 11,2008 TITLE: RESOLUTION NO. 44-2008 - A RESOLUTION APPROVING A COMMON USE AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION AND THE LANE DITCH COMPANY FOR MAINTENANCE OF LANE DITCH IMPROVEMENTS o PUBLIC HEARING o BIDS/MOTIONS IZI RESOLUTIONS o ORDINANCES FOR I ST READING (mm/dd/yyyy) o ORDINANCES FOR 2ND READING (mm/dd/yyyy) Quasi-judicial: 0 YES -r'. / J /~ 1'/ ~ Director of Public Works IZI NO ~o ~-".. City Ma4r b EXECUTIVE SUMMARY: The Colorado Department of Transportation (CDOT) is currently completing the design and acquiring right-of-way for the re-Iocation of the east-bound on and off ramps at the 1-70/ Ward Road Interchange. 44th Avenue will be widened and the Lane Ditch will be re-Iocated and improved to a pipe facility. The City has been asked to accept maintenance responsibility for the new pipeline to facilitate the CDOT design. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: CDOT's design of the re-located east-bound 1-70/ Ward Road hook ramps include re-locating the Lane Ditch and enclosing the ditch in a pipeline. The Lane Ditch Company does not have equipment to maintain a pipeline and CDOT has requested that the City assume the minimal maintenance that a pipeline would require. The improvement of the 1-70/ Ward Road Interchange is important to the City. The re-location of the ramps will allow the future replacement of the SH58 east-bound fly-over, which will improve the design speed of this highway movement and improve the safety of the 1-70/ SH58 Interchange. The re-location of the Ward Road hook ramps will also complete the proposed highway improvements that impact 44th Avenue. Re-development of properties along 44th Avenue are more likely after the improvements are in place. The City Attorney has reviewed and approved the proposed contract with CDOT. ALTERNATIVES CONSIDERED: Require CDOT to find another solution to the re-location of the Lane Ditch, which may delay the project. FINANCIAL IMPACT: The City will be responsible for periodic cleaning and maintenance of the new Lane Ditch pipeline. Even though the new pipeline is considered to have a fifty year service life, there may be un-expected repairs required in the future. RECOMMENDED MOTION: "I move to approve Resolution No. 44-2008. a Resolution Approving a Common Use Agreement With the Colorado Department of Transportation and the Lane Ditch Company for Maintenance of Lane Ditch Improvements." .r: or, ; , "I move to table indefinitely Resolution No. 44-2008, a Resolution Approving a Common Use Agreement With the Colorado Department of Transportation and the Lane Ditch Company for Maintenance of Lane Ditch Improvements" for the following reasons: " Report prepared by: Tim Paranto, Director of Public Works Report verified by: Patrick Goff, Deputy City Manager ATTACHMENTS: 1. Resolution No. 44-2008 2. CDOT Contract 3. Map of Lane Ditch Re-Iocation CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 44-2008 TITLE: RESOLUTION APPROVING A COMMON USE AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORT A TION AND THE LANE DITCH COMPANY FOR MAINTENANCE OF LANE DITCH IMPROVEMENTS WHEREAS, the City Council wishes to cooperate with the Colorado Department of Transportation concerning maintenance of improvements to the Lane Ditch in the City; and WHEREAS, the City has negotiated a contract with the Colorado Department of Transportation and the Lane Ditch Company for the City to maintain improvements to the Lane Ditch proposed to be constructed by the Colorado Department of Transportation. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Contract Annroved. The contract between the City, the Colorado Department of Transportation and the Lane Ditch Company for maintenance of improvements to the Lane Ditch along 44th Avenue is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same. Section 2. Effective Date This Resolution shall be effective immediately upon adoption. DONE AND RESOLVED this day of .2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk ATTACHMENT 1 COMMON USE AGREEMENT This Agreement is entered into this _ day of , 2008, by and between the STATE OF COLORADO for the use and benefit of the DEPARTMENT OF TRANSPORTATION, hereinafter referred to as "CDOT," whose address is 4201 East Arkansas, Denver, Colorado, 80222, The Lane Ditch Company, hereinafter referred to as "Lane Ditch," whose address is PO Box 381, Wheat Ridge, CO, 80034, and the City of Wheat Ridge, Colorado hereinafter "Wheat Ridge," whose address is 7500 W. 29th Avenue, Wheat Ridge, CO, 80033. CDOT, Wheat Ridge, and Lane Ditch are collectively referred to as the "Parties." FACTUAL RECITALS A. The real property that is the subject of this Agreement includes both existing Wheat Ridge, CDOT, and Lane Ditch rights of way, and new rights of way ("Right of Way") that CDOT has acquired or will acquire for CDOT Project No. 1M 0703-246, CDOT Project Code No. 12314, which includes Parcel Numbers 201, PE- 201,202, PE-202, Al03, 204, PE-204, 205, PE-205, 206, PE-206, 207, PE-207, 208, PE-208, and PE-209 and which is a project for modifications to the 1-70/SH 58 interchange ("Project"); and B. Should the project require changes to the parcels listed in Paragraph A which would affect the Lane Ditch the parties agree that said changes must be agreed to by all parties and will be memorialized by amending this Common Use Agreement. C. The Lane Ditch is the owner and operator of a prior existing ditch system, and may be entitled to historic, prescriptive rights of way for the use, operation and maintenance thereof for the purpose of diverting, controlling, transporting, carrying, delivery and disposing of water ("Existing Ditch Facility") that are located in the Right of Way. CDOT desires to modifY such Existing Ditch Facility as part of the Project; and D. The Right of Way and the Existing Ditch Facility of Lane Ditch are illustrated in Exhibit "A" attached hereto; and a legal description for the Right of Way is set forth in Exhibit "B" attached hereto. E. Wheat Ridge is the owner and operator of an existing transportation facility that is located within the Right of Way ("Existing Transportation Facility"). Such Existing Transportation Facility system will be modified as part of the Project. After completion of the Project, CDOT and Wheat Ridge will be owners and operators of the modified transportation facility; and F. The Parties each have ownership interests in the Right of Way. The Parties are willing to enter into this Agreement to acknowledge the existence of both the Existing Transportation Facility and the Existing Ditch Facility located on the Right of Way, and to allow for the construction, use and maintenance of modifications to such facilities by CDOT on, over and under the Right of Way; and I A I I ACHMENT 2 G. As part of the Project, CDOT will construct certain modifications to the Existing Transportation Facility. After completion of such modifications, CDOT and Wheat Ridge's facilities in the Right of Way will consist of elements of the Existing Transportation Facility and newly constructed facilities (hereinafter collectively referred to as the "New Transportation Facility"). Portions of the New Transportation Facility may interfere with the Existing Ditch Facility. Therefore, as part of the Project, CDOT will, at its expense, construct any and all necessary modifications to the Existing Ditch Facility. After completion of such modifications, the Lane Ditch's ditch system in the Right of Way will consist of elements of the Existing Ditch Facility and newly constructed facilities (hereinafter collectively referred to as the "New Ditch Facility"). The New Transportation Facility and the New Ditch Facility are illustrated on the engineering plans and specifications for the Project; and H. This Agreement is executed by CDOT under authority of Sections 43-1- 106 and 43-2-144, C.R.S., by 23 CFR 645.213, and by Wheat Ridge under Authority of C.R.S. 29-1-201 et seq. I. CDOT has offered to carry out the covenants and agreements hereinafter stated to be complied with and p",iuHued by CDOT and Wheat Ridge, and the Lane Ditch agrees to carry out the covenants and agreements hereinafter stated upon the following terms and conditions. J. Exhibits A, B, and C are incorporated herein by this reference. To the extent there is any conflict between this Agreement and the Exhibits, the terms of this Agreement shall prevail. NOW, THEREFORE, in consideration of the mutual promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: ARTICLE 1. GRANT AND CONFIRMATION OF RIGHT OF WAY 1.1 Wheat Ridge, CDOT and Lane Ditch each acknowledge the right of the other to have its facilities, old and new, located within the Right of Way, together with all and singular any rights, privileges, hereditaments, and appurtenances thereunto belonging, or in any way pertaining to the use, operation and enjoyment of said Right of Way including, by way of description and not limitation, vehicular and pedestrian access to and along the Right of Way, the New Transportation Facility and the New Ditch Facility with all rights necessary to the use, construction, maintenance, repair, replacement, removal and operation of said facilities. ARTICLE 2. WORK 2.1 CDOT shall prepare preliminary and final engineering plans and specifications and complete all construction of the New Transportation Facility and the New Ditch Facility described below within the Right of Way and the Lane Ditch 2 Existing Ditch Facility (hereinafter referred to as the "Work"). The Work is more specifically described in the preliminary engineering plans and specifications for the Project attached for information as Exhibit "C." Approval of the fmal engineering plans and specifications is described in Paragraph 3.1 below. 2.2 Lane Ditch, without warranting the right, title or privilege, grants to CDOT, the right to conduct the Work, subject to the terms and conditions of this agreement. The location of all Work shall be as depicted in Exhibit "A" and within the boundary defined by Exhibit "B." ARTICLE 3. PLANS AND SPECIFICATIONS, 3.1 Prior to CDOT's commencement of any work on the New Ditch Facility, the final engineering plans and specifications for such Work shall be submitted to and accepted by the Lane Ditch and Wheat Ridge and upon acceptance are incorporated by reference herein as Exhibit "C." Said acceptance will not be unreasonably withheld. ARTICLE 4. SUPERVISION 4.1 The Work shall be performed by CDOT or its agents under the supervision of a registered professional engineer and in accordance with the Exhibit "C" Final plans and specifications, unless a modification thereof is agreed to in writing by the Parties. CDOT shall supply the Lane Ditch and Wheat Ridge with "as constructed" drawings of the Work upon completion and acceptance. The Lane Ditch and Wheat Ridge agree that they will not unreasonably withhold their acceptance. ARTICLES. PROJECT SCHEDULE 5.1 CDOT shall not commence any construction of the Work without first notifying and obtaining Lane Ditch consent to the commencement and scheduling of the Work. The Parties recognize that time is of the essence and such consent shall not be unreasonably withheld. Thereafter, CDOT shall organize, commence, conduct and complete all construction and maintenance activities with all necessary speed and diligence and in such a fashion as to avoid interference with the Existing Ditch Facility, the New Ditch Facility or the full, free flow of water through the Existing Ditch Facility and the New Ditch Facility from April 1st to October 1st. Any and all excavations made as part ofthe Work shall be leveled off, and any damage to the canals and laterals, embankments, fences, roads or other improvements of Lane Ditch as a result of the Work shall be repaired by CDOT at CDOT's sole cost. 5.2 CDOT acknowledges the requirement for the continuous flow of water from April 1st to October 1st of each year and agrees that CDOT shall not interfere with the flow of water within the Existing Ditch Facility or the New Ditch Facility during that time. The Parties recognize and agree that substantial damages may be suffered by the Lane Ditch and its shareholders if the delivery of water is interrupted in any manner as a result of the Work agreed to herein or other actions ofCDOT. However, all parties acknowledge that when emergency repairs need to be made CDOT may interrupt the flow of water to make said emergency repairs. 3 5.3 CDOT shall not commence the Work until this Agreement has been duly executed by Wheat Ridge, CDOT, and Lane Ditch and delivered for recording in the records of the Clerk and Recorder of Jefferson County, Colorado. ARTICLE 6. RE-ROUTING AND ENCLOSING DITCH 6.1 The Lane Ditch shall have the right to inspect any relocation, construction, installation or removal of any Existing Ditch Facility structure by CDOT to assure that such will not interfere with the full free flow of water or otherwise impair the operation or use of the Existing Ditch Facility and the New Ditch Facility. The Work shall not be deemed satisfactorily completed until inspection and acceptance thereof by the Lane Ditch. The Lane Ditch agrees it will not unreasonably withhold its acceptance and that such inspection and acceptance will be completed within a reasonable amount of time. 6.2 Within ninety (90) days after completion, CDOT shall furnish to the Lane Ditch complete as-built drawings of the New Ditch Facility and the New Transportation Facility, and the Lane Ditch shall be entitled to rely on such drawings in its use of the New Ditch Facility. ARTICLE 7. PERMITS 7.1 CDOT shall obtain all required government approvals and permits for the Work. The Lane Ditch agrees to cooperate with CDOT's efforts to obtain said permits sought in furtherance of the Work described herein. ARTICLE 8. MAINTENANCE 8.1 During the time that CDOT is completing the Work on the New Ditch Facility, the maintenance and repair of the New Ditch Facility shall be the sole legal and [mancial responsibility of CDOT. 8.2 CDOT shall be responsible for all maintenance and upkeep, including the structural integrity, ofthose portions of the New Ditch Facility which run under all CDOT interstate ramp facilities. 8.3 Wheat Ridge shall be responsible for all maintenance and upkeep of the New Ditch Facility, including the structural integrity, for all portions of the New Ditch Facility except those portions which run under all CDOT interstate facilities. 8.4 CDOT and Wheat Ridge shall be responsible for all maintenance and upkeep ofthe New Transportation Facility. The allocation of responsibility as to CDOT and Wheat Ridge for maintenance of certain facilities that make up the New Transportation Facility shall be defined in a future agreement between those parties. The Lane Ditch shall not have any responsibilities for maintenance or upkeep of the New Transportation Facility. ARTICLE 9. DAMAGE TO OTHER FACILITY 9.1 CDOT covenants to perform all work, construct any structure permitted hereunder and to make any and all necessary modifications to the Lane Ditch, the Existing 4 Ditch Facility or the New Ditch Facility (if any) in a workmanlike manner and with such material as will safely perform the pmpose for which the work, structures and necessary modifications are installed. 9.2 The Lane Ditch agrees to take due care to avoid damage to the New Transportation Facility in the use, maintenance or repair of the New Ditch Facility. As provided by law, should any damage to the New Transportation Facility occur in the course ofthe use, maintenance or repair of the Lane Ditch system, Existing Ditch Facility or New Ditch Facility as a result of any work by the Lane Ditch, Wheat Ridge or CDOT shall cause the New Transportation Facility to be repaired to its pre-existing condition at the sole cost to the responsible party. ARTICLE 10. FUTURE FACILITY MODIFICATIONS; 10.1. Each party shall provide the other with design and construction plans for any future modifications to the New Ditch Facility or New Transportation Facility for review and approval by the other party prior to the start of any modification of the New Ditch Facility or the New Transportation Facility. Each party shall be solely responsible for the accuracy and completeness of its plans. 10.2 Each party shall give advance notice of at least 48 hours to the other party before the start of any construction, maintenance, or repairs, which may interfere with the other party's use of its facilities. CDOT, Wheat Ridge, and the Lane Ditch each agree it will not unreasonably withhold its approval. Lane closures and detours affecting the Wheat Ridge city street or CDOT state highway shall be approved by CDOT and/or Wheat Ridge prior to starting any construction, maintenance, or other repairs requiring such items. Wheat Ridge and CDOT's approval shall be contingent on the Lane Ditch obtaining permits or other government approvals which are required to perform any such construction, maintenance or repairs. In the event of emergency repairs, the advance notice shall be waived, however notice of such activities shall be provided as soon as possible. ARTICLE 11. NOTICE 11.1 Each party shall keep the other informed, in writing, of the current names, addresses and phone numbers of its personnel who can be contacted in case of emergency. This information shall be provided to the CDOT Region 6 Regional Transportation Director, Wheat Ridge Director of Maintenance and Operations, and the Lane Ditch Board. The initial parties to be notified shall be: For the Lane Ditch: For CDOT: Vernon A. Evans 2755 Indiana Golden, CO 80401 303-278-8376 Randy Jenson CDOT Region 6 Regional Transportation Director 2000 South Holly Denver, CO 80222 303-757-9459 5 For Wheat Ridge: Public Works Director City of Wheat Ridge 7500 W. 29th Aveuue Wheat Ridge, CO 80033 ARTICLE 12. EXPENSES AND COMPENSATION 12.1 The Lane Ditch acknowledges that it has the right to receive compensation and or reimbursement from CDOT for its reasonable engineering and legal expenses for reviewing and accepting the final plans and specifications. However, the Lane Ditch agrees to forego its right to receive compensation and or reimbursement for said expenses. 12.2 CDOT acknowledges that the Lane Ditch, by allowing CDOT to move its existing ditch facilities to CDOT's new rights of way, will be giving up any historic and/or prescriptive rights it has in the ditch's current location. As compensation for relinquishing those rights CDOT agrees to pay and the Lane Ditch agrees to accept $10,000 as full compensation. ARTICLE 13. COVENANTS RUN WITH LAND 13.1 The covenants, terms and conditions hereof are intended to run with the land and shall be binding upon and inure to the benefit of the Parties hereto and their respective agents, heirs, executors, administrators, personal representatives, successors and assigns. ARTICLE 14. CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement between CDOT, Wheat Ridge, and the Lane Ditch concerning the Work consist of the following: 14.1 This Agreement. 14.2 Exhibits to this Agreement. 14.3 Engineering plans and specifications for the Project. ARTICLE 15. MISCELLANEOUS 15.1 CDOT, Wheat Ridge, and the Lane Ditch each binds itself, its successors, assigns and legal representatives to the other party hereto, its successors, assigns and legal representatives in respect to this Agreement. 15.2 Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CDOT, Wheat Ridge, and the Lane Ditch who agree that this Agreement shall be reformed to replace such stricken provision or part 6 thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 15.3. Each party represents and warrants that it has taken all actions that are necessary or required by applicable law, to properly authorize the undersigned signatory to lawfully execute this Agreement on behalf of such party and to bind the party to its terms. IN WITNESS WHEREOF, the parties hereto have caused the foregoing Agreement to be executed the day and year first above written. DEPARTMENT OF TRANSPORTATION STATE OF COLORADO ATTEST: By Pamela Hutton, Chief Engineer Bv Bernhardt K. Rasmussen, Chief Clerk THE LANE DITCH COMPANY By Authorized Representative APPROVED AS TO FORM: By Vernon A. Evans, Esq. #21343 Counsel for the Lane Ditch Company THE CITY OF WHEAT RIDGE ATTEST: Bv Jerry DiTullio, Mayor of Wheat Ridge Bv Michael Snow, City Clerk APPROVED AS TO FORM: Bv M. Patrick Wilson, Esq. #26303 Counsel for City of Wheat Ridge 7 ~I LUe"i'XW-.Z"'.O\'''I.tdwO~\s{}XI'I\SI'''\''l'QSIS\'a Hl.Vd , L u. ']~ '. .. ~o ~ ';l]~ 00 ,,~ i , ~~ .ll"'O~l S U5H if <; ~ .~i'. ~l ] !1il'~1 h " "i"! " ihZ,: ~~ ~ H.;S~ H ], ~~hi q ItU~l It i [' c ~-8 . eHU tj ~ _001-,,11 E_ j !~h~ ~~ i GI':~~ H . . ~iii ;i ~ "'= "u ~~t: ,..""~ t:<"' u~j I i ! j I ! ffi i ill 1&.i ~.. ~ I ! ~ ~ C 1:: Ii J i ~ !~'!f-ili (} ~ ~ 8 II IIIIII11 z ~ a ~1:l, ':) \1,1 ~ ,qa) :' u...c:c ~~ ~ ~ ~ ~ o " ] ~ -0. 0_ ~g g,~'" :0<<:0 ~~o_ ON' ~"'~ -~~ ;~ g "....:;: I A I I ACHMENT 3 ~ ~ l.( - < ~ City of 'WheatR;L.dge ITEM NO: 2-, REQUEST FOR CITY COUNCIL ACTION ;d ~" ~ 1t.~~~ 1~~I~ urufl COUNCIL MEETING DATE: August 11, 2008 TITLE: PUBLIC MEETING ON 2009 BUDGET o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:) o ORDINANCES FOR 2ND READING ~uasi-Judicial: D Yes !:8J No ne~~ City~r,\ EXECUTIVE SUMMARY: City Staff is currently working on the 2009 Proposed Budget. The proposed budget is scheduled for submittal to City Council in September for review. City Council will discuss staffing levels, programs, services and capital projects proposed by Staff at a budget retreat in October. This public input meeting is intended to focus on 2009 citizen requests, comments or suggestions. The public meeting is an informal opportunity for the public to provide input to the City Council on the City Budget. A first public meeting was held on July 14, 2008, a public hearing is scheduled for October 13, 2008 and adoption of the budget is scheduled for October 27,2008. This public meeting on the 2009 budget is an opportunity for City Council to continue to develop a strong partnership between city and community by allowing the public to be involved in the policy development process and to stay informed on City financial issues. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Staff uses the strategic plan as a guide in preparing their annual department budgets. City Council's prioritized goals for the years 2009 through 2013 are: 1. City Services 2. Sustainable Growth 3. Economic Vitality 4. Quality of Life 5. Civic Engagement ALTERNATIVES CONSIDERED: City Council could consider not holding this public meeting on the 2009 budget. This is not recommended because City Council has set a goal of "Strong Partnership between City and Community" which calls for open and transparent City government, citizens well informed on finances, and public input on policy issues. FINANCIAL IMPACT: N/A RECOMMENDED MOTION: N/A :\ Report Prepared by: Patrick Goff, Deputy City Manager ATTACHMENTS: 1. None "" ~ J..(" ~ r City of :y/ WheatRLdge ITEM NO: 3, REQUEST FOR CITY COUNCIL ACTION "&Ii' ~.~"I><'~i1'''''' ," I"""''',' .gj'""'=" .<". 1 .' ~\, ~. , , II[ an COUNCIL MEETING DATE: August I 1, 200S TITLE: COUNCIL BILL 14-2008 - AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF THE CITY OF WHEAT RIDGE AT THE NOVEMBER 4, 2008 SPECIAL ELECTION, CONCERNING AMENDING THE WHEAT RIDGE HOME RULE CHARTER TO PROVIDE FOR LIMITATIONS UPON BUILDING HEIGHT AND RESIDENTIAL DENSITY TO BE AS SET FORTH BY ORDINANCE IN THE WHEAT RIDGE ZONING AND DEVELOPMENT CODE D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS i:8J ORDINANCES FOR 1 ST READING (Date: OS/I I/200S) D ORDINANCES FOR 2ND READING (Date: OS/25/200S) Quasi-Judicial: D Yes i:8J No Q~d.R]l4 ~~~ EXECUTIVE SUMMARY: On March 24, 200S, City Council approved funding for a Public Infrastructure Funding Information Program to determine the feasibility and level of public support for bonding questions and charter changes on the November 200S ballot for the following projects: I. Neighborhood Flood Control Improvements 2. Reconstruction of 3 Sth Avenue from Kipling Street to Y oungfield Street 3. Streetscaping of3Sth Avenue from Harlan Street to Wadsworth Boulevard 4. Expansion of the Wheat Ridge Recreation Center 5. Height and Density Charter Change On August 4, 2008, after an extensive public information program, Council directed staffto draft an ordinance submitting a ballot question to the voters of the City concerning amending the Wheat Ridge Home Rule Charter to provide for limitations upon building height and residential density to be set forth by ordinance in the Wheat Ridge Zoning and Development Code. COMMISSIONIBOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: a It is not common for City's to have these types ofland use restrictions within the City Charter. a The current restrictions on height and density are much more restrictive than adjacent municipalities and make it challenging to attract redevelopment projects. a Elimination of building height and residential density limitations in the City Charter does not mean that the City no longer has density and height restrictions. The existing zoning code will still contain height and density restrictions consistent with the Charter. a Ifthe City wishes to increase building height and density in a specific area at some time in the future, the two-step process of I) developing new zoning districts and 2) then approving zoning code map amendments provides ample opportunity for public involvement and input through Planning Commission and City Council public hearings. Those venues will allow public input in establishing appropriate heights and density. a Zoning based density and height limitations can be more context based and can provide additional buffering protections for adjacent land uses, when appropriate. ALTERNATIVES CONSIDERED: City Council could choose to delay or not proceed with putting this issue on the ballot. FINANCIAL IMPACT: The cost of the coordinated election with Jefferson County will be approximately $13,000. RECOMMENDED MOTION;. "I move to approve Council Bill No. 14-2008. An Ordinance Submitting a Ballot Question to the Voters of the City Concerning Amending the Wheat Ridge Home Rule Charter to Provide for Limitations Upon Building Height and Residential Density to be Set Forth by Ordinance in the Wheat Ridge Zoning and Development Code, on first reading, order it published, public hearing set for Monday, August 25, 2008 at 7:00 p.m. in the City Council Chambers, and that it take effect immediately upon adoption at second reading." Or, "I move to postpone indefinitely Council Bill No. 14-2008 for the following reason(s) " Report Prepared by: Patrick Goff, Deputy City Manager Reviewed by: Randy Young, City Manager Attachments: 1. Letter of Support from Wheat Ridge 2020 2. Council Bill No. 14-2008 , \ \ \ \ \ i \ \ \ \ \ i \ \ \ \ \ \ \ \ \ \ \ \ \, \ \ WR2020 SUPPORTS ECONOMIC DEVELOPMENT STIMULUS BOND MEASURES AND CHARTER CHANGE QUESTIONS Dear Mayor DiTullio, and Members of Wheat Ridge City Council, WR2020 understands that at tonight's Study Session you will discuss ballot measures for consideration by the voters for the November 2008 election. These ballot questions relate to bond measures for economic development stimulus projects and potential Charter policy changes. The Bond Measures are for the foliowing: . Flood control and drainage improvements. . Streetscape improvements on 38th Avenue from Harlan to Wadsworth Blvd. . Expansion of the Recreation Center. . Street Reconstruction on 38th Avenue from Kipling to Youngfreld. The Charter measure is for: . A City Charter change to take the height and density restrictions out of the Charter and have them placed and maintained in the appropriate section of the City Code of Laws and Zoning Codes. These measures are important to the success of the NRS and our community's long term sustain ability. The Bond measures are supportive to community investment. Investments in infrastructure promote business development and attract homeowners by providing the needs for business growth and community resources to our businesses and citizens. Having the funding to invest in our community is critical to our community's sustainability and ability to attract vested stakeholder families. Please vote to put all the bond measures on the November ballot to enable investment in our community. Removing height and density restrictions from the Charter has a direct impact on implementing the goals of the Neighborhood Revitalization Strategy (NRS) by allowing the City Council and our citizens to openly determine how to foster redevelopment in our community. Removing height and density restrictions from the Charter gives City Council and the voters an opportunity to detennine the appropriate limitations through approval of changes in the Zoning Code. Placing the restrictions in the City Zoning Code and removing them from the City Charter allows Council and the Citizens to make potential policy changes that will enhance redevelopment opportunities within the City, and meet the goals set in the NRS. WR2020 supports removal of the height and density limitations from the Charter for the following reasons: . The practice of having height and density limits in a City Charter is rare in municipal governance nationally. Almost all communities use zoning codes for this type of regulation. . The current Wheat Ridge Charter limitations of height and density are much more restrictive than neighboring communities. . Removing the restrictions from the Charter and maintaining them in our Zoning Code has the same legal effect in safeguarding the community from unrestricted development limitations with respect to height and density. . Placing height and density restrictions in the Zoning Code allows for public participation if any changes are proposed. WR2020 sincerely appreciates the consideration of the Mayor and City Council to support the economic development package and having it placed on the ballot so that we can attract investment to our community, execute our economic development plan, and add to the vibrancy and sustainability of our community. Please place the entire package on the ballot for the citizens to consider this November. Sincerely, Robert J. Osborn, Esq. ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 14-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 4, 2008 SPECIAL ELECTION, CONCERNING AMENDING THE WHEAT RIDGE HOME RULE CHARTER TO PROVIDE FOR LIMITATIONS UPON BUILDING HEIGHT AND RESIDENTIAL DENSITY TO BE AS SET FORTH BY ORDINANCE IN THE WHEAT RIDGE ZONING AND DEVELOPMENT CODE WHEREAS, the City Council ("Council") of the City of Wheat Ridge, Colorado ("City") has the authority to refer ballot questions to the electorate; and WHEREAS, the Council wishes to refer a ballot question amending the City Charter to provide for limitations upon building height and residential density to be as set forth in the City Zoning and Development Code; and WHEREAS, the Council wishes to set the title for the same. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Ballot auestion referred. The following ballot question is hereby referred to the electorate of the City at the November 4, 2008 election: SHALL THE CITY OF WHEAT RIDGE AMEND ITS HOME RULE CHARTER TO PROVIDE FOR LIMITATIONS UPON BUILDING HEIGHT AND RESIDENTIAL DENSITY TO BE AS SET FORTH BY ORDINANCE IN THE WHEAT RIDGE ZONING AND DEVELOPMENT CODE? Yes: No: Full Text of Amendment Amend Section 5.10.1 ofthe Charter as follows: Sec. 5.10.1 Building height and density limitations. LIMITATIONS UPON BUILDING HEIGHT AND RESIDENTIAL DENSITY SHALL BE AS SET FORTH IN THE WHEAT RIDGE ZONING AND DEVELOPMENT CODE. A I I ACHMENT 2 (a) Height iimitatio.'1s. The ~. :r.z'J. r.at, b~' ordinance, resolution, motion, p:~:r.it, :~ :t!".c~ :::-ctia~, 3f-\':::~ie~::e exc:rot ~ ro~::l':ided in (;'l'::::-:;-tieR-(:), :::!Io'.': the construc-tion af tuildings or oth;);" :tr<l3Wres .....hich excceEl ~f:e bllowin; ~:::yl~~r. ~:igRts;- (1) T!"i,IT; fi':e (35) f::t ~:~ t~:) following: .'\11 resi3GF"!'ja~, 131Bf",FJeE! residen~:::! :::r.:J agricultural distri:t:, i~~ :::~y creat:~ :::~ passag: :ft!"i.c ::::r.:::ndment; feSidentia! tuildings when Built ir. r.::lnresidentia! :Jistricts; the hospital one distri3~; :J~:J the r::W:bd commercial :~: g.::t~:3t- (2) Fifty (50) feet for the following: Any other commercial, ;:':::r.~:x:I commer::~:J!, ,~:it::t~::::! :~ rol:::~~:Jd indu:t~::::! ::IistFi:t:; t~::: public building!: ::::1d facilities district; cammy-ale! 2nd office buildings constructed in the hospital two district; and any nonresidential district cmated after passage ot this amendment. {J) S:Jcty five (65) foet, ~:F. :~ ~::l event mom t~:::~ :;:x (6) stories abo'/e grade, for ncw h03~~al: if: th:J hosl3il:<:! twe-~:ct~:ct, 3fl-a m~~i.P."/JIr. bt a:-ee ::If fifty (50) acres; however, additi:r.~ zttached to existing hospita!: ir. ~-his-4ist~:3t r.:::y-ln '::\YM t: ::: ....cig!"!. ~:t b exceed the heig~ :ft!".c :Yl:t;~g '::u~~ The height limitation: es~:ablist-.cEl :,'1av' r.at aflply to the following: Church steeple:, sil::ls, decorative 'i!:~:: ::!fIt:! 3'.Jj::a!::;c ~ot used for f1u~:J~ ::lccupancy or any commercial, busin::v.: :~ i~3t!stria! use, nor to windmills. chimneys. ventilat:r:, 7.'ansmission tower::, ::3laf heating and coalir.g :Jsviaes, water towers, af"!.eFt~ac, e~ r.e::essary mechani::::! :::~Fter.e~ces n:~:r.~J.y carried above the roofline, but the city coun~1 :r.:::y, by ordinance, ::::tablish heigr!. 1::ri.tY.::c~.c faf tRese st~u::tur-cs. (b) Oef/sftr Limitatio:<:s. Th: ait}. :!".cJJ.-fl:t, '::y ordinance, msolution, motion, variance, permit :~ :t!".c~ :::at::~, ~hw the construction of residentld. ~:liIGif:lgc :~ :::~y zone ~i:t~::t \VAi6h :xc3ed ::: :r.cximum of twenty one (2-1) fcP."iJ~.-tIfIi-~s l3er e::re, except t~Y.: ~:Y.:;:-r.~rr.es sr.e!~ not be mquimd to meet tI~is 3S~.cit~. rr.axirr.ur.:. Ir. 3ft:!:~ t~Y.: 1::::14 rcquir-cd t: :u;:ro::: ::: previous building permit nst '::: 'lseG-agz'n ss ::: fASar.s 3f-eiFSumvefltifl; ~~: :::!:levs r.sYlrr.tIFrI, the ~ollowing shz'J. ej:f:ly;- No subdivision, variance, re::':s,,'~g :~ roSfR'lit :~:::!I be approved or granted on said land whic~ :u'::t~:::e?: t~:J supporting lar.~ ar.:J thereby Iea\'es ~f:e 3*istir.g Buil:Jing nonconforming by thes: :t:::R€:::~~:. T~s fAa*'r.'l~ s~ tventy one (2-1) ~~il:-e per acr-c shall apply tc tr.: tatal parcel, including bct~ :lli:ting and proposed conut~u:?3&.- (~ Oefif/ftiof/s. (1) Height Tr.3--\'elti:al :Jistance mses<l-rs<l--frerr. tr.:J a'/cragc elevatiG~ sf t~: fi~isr.::)d grade of ~f:e Buil:Jing to the highest I3sint 3f the roof surfaoe if a flat roof, to the deck line :f a ::Raf'::::r~ mot, and 2 to the maal': r.eight le'lel Io>etv.<oen eaves and ridge for a gal3le, f:lip. gambrel or other raof. (2) Resiclential: Intended fa~ ~'l~?_" I>cElupanc'j, i:-.sl'lding homee for U'.c :::ged and nureing f:lomee, But excluding hosp:~2!s-, :md motels aREl--J:Istals ~-ef-~~:::'ls;::nt oooupancy. (3) F-am!ly unit: 0r.e--{1) 3~ ~:)r-c poreons related by blood, marriage, or adoption, or n_ mo.-a-tJ;a,; trl."~e (3) unrela-t::-:! (:J3FSOOS Ii'ling together ae ::: s:~3Ie housekeel'lin" unIt. -:-h;: ~efinitio~ i: :~tended to b:: Io:~;!:zed and applied only :::s S :t?'1dar-a for oorr.;3<:t-:r.g maXi:T/l~ ::tensity in Rew, multiunit oonstruu:;on; j~ "hal: Cl~. <Inbss reenacted ~ a prtion of the 'Nh:::t o.dge Code sf ~3'.\'C, !::: 'ltilized f:~ ::~y purpose meoept density oom",utations under tf:lis Charter seotian. If ::: :i~3Ie housek-",,;ns unit i\; a€.signed for the use at more ~a:-: t~~:::::: (2) unrelated peFSons. eu:~ 3:, 'J:P. not limited to, the handioapped or elderly, ea:~ th~ae-{3) JY-:r:::mc ;" =-r/; euoh ur,i{ :-h3I' ::onstitutc one '1) f-~;J\' ..-;. " _...'"J-ttNtt:""" (d) Nonoonforming struotu,;;:. Th:s ~:::ndment appliee only to new 6G:-.cb::?:>~; b'-'l-iJ-:!ings and otha~ :{r'l:~ures legally ::-: ::xistence at the time of f:::ss:::ge of this :::~'aAElFr.:r.t S~?JI ~9t 00e?:n:: ~:)nconforming Io>ecauee of tl:1e aGoption of th?3? r.::w doneit'j aRd l:1eig!'-/. ~:rr.;t&.- (e) 'Ioriano".;. Tl;::l boar-d of adjustment ::.'la'J. have the pO'.ver to inter",r-ct t;;rh1: a:-:tl definitions in this amendrr.cnt, :::"d to allow 0 \':::~::::r.3e-t:: ~:::y.!~Fr. r.3if;ht, :-:ot to e)(Qeed ten (10) ",ement, upon a fiR€Iing th:::~ not €lFantin!il ~.c YSf:?n:c would calls: ::~ :xtreme f:lardehip. The city council and other boarJ" ;';';i.:,.'-AGt-lF~F1t varianoes from tf:lesc standards, ::Y. :-:s~N~ in t~i.? s~ondment :~yJ. be construed ~~ ~:~:t ~he council from impo:ir.g nore stringent f:lcigl;~ a:-:tI--€Ia~:;t). etandar-ae in any zoning district. Section 2. Ballot Title Set. The ballot title for the election is hereby set as follows: Ballot Title: AMENDING THE WHEAT RIDGE HOME RULE CHARTER TO PROVIDE FOR LIMITATIONS UPON BUILDING HEIGHT AND RESIDENTIAL DENSITY TO BE AS SET FORTH BY ORDINANCE IN THE WHEAT RIDGE ZONING AND DEVELOPMENT CODE. Section 3. Challenaes to ballot title and conten~. For purposes of C.R.S. 9 1- 11-203.5 and ~ 31-10-1308(2), this Ordinance shall serve to setthe title and content of 3 the ballot issue set forth herein. Any petition to contest the form or content of the ballot title must be filed with the Jefferson County District Court and a copy served on the City Clerk within five days after the title of the ballot issue is set by the City Council upon final adoption of this Ordinance on second reading. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Effective Date. This Ordinance shall take effect immediately upon adoption at second reading, as permitted by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this 11th day of August, 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 August 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 25th day of August, 2008. SIGNED by the Mayor on this day of ,2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: 4 ~\j.( ~ City of WheatRLdge ITEM NO: ltl REQUEST FOR CITY COUNCIL ACTION .... ~~.~. ,\1)/, T'""T , ' '~~~~ ~.~.\-~~_~~C";:~lfLltr ill' .''S ..J;0W ~ ~~ ~ ~:@i/.0?!7 ' ~ <=-> I ' -.Oc., . COUNCIL MEETING DATE: August 1I, 2008 TITLE: COUNCIL BILL 15-2008 - AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF Ttlli CITY OF WHEAT RIDGE AT THE NOVEMBER 4, 2008 SPECIAL ELECTION, CONCERNING A TEMPORARY SALES AND USE TAX RATE INCREASE FOR UiE PURPOSE OF ISSUING REVENUE BONDS FOR THE RECONSTRUCTION AND STREETSCAPING OF PORTIONS OF WEST 38TH AVENUE o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS i:8J ORDINANCES FOR 1 ST READING (Date: 08/11/2008) o ORDINANCES FOR 2ND READING (Date: 08/25/2008) Quasi-Judicial: o Yes i:8J No il:C~t;Jd(}i (~U()urQ/ City Mjfdger (j EXECUTIVE SUMMARY: On March 24, 2008, City Council approved funding for a Public Infrastructure Funding Information Program to determine the feasibility and level of public support for bonding questions and charter changes on the November 2008 ballot for the following projects: 1. Neighborhood Flood Control Improvements 2. Reconstruction of 38th Avenue from Kipling Street to Youngfield Street 3. Streetscaping of 3 8th Avenue from Harlan Street to Wadsworth Boulevard 4. Expansion of the Wheat Ridge Recreation Center 5. Height and Density Charter Change On August 4, 2008, after an extensive public information program, Council directed staff to draft an ordinance submitting a ballot question to the voters of the City to issue revenue bonds in the maximum amount of$33,435,000 with a repayment cost of up to $72,015,000 and increasing taxes up to $3,925,000 annually for the purpose of financing the reconstruction of38th Avenue from Kipling Street to Youngfield Street and streetscaping of 38th Avenue from Harlan Street to Wadsworth Boulevard. A temporary increase in the City's sales and use tax rate of 0.6% or six- tenths of one cent will be required as revenue to repay the bonds. COMMISSIONIBOARD RECOMMENDATION: The Mayor commissioned the Drainage, Infrastructure, Roads and Trails (D.I.R.T.) Task Force in January 2007, which was charged with providing an independent prioritization of the City's unfunded infrastructure projects. After a four-month analysis process, the Task Force presented their top ten priority recommendation to City Council. The 38th Avenue reconstruction and streetscaping and the recreation center expansion were among the Task Force's top five priority recommendations. The neighborhood flood control and storm drainage improvements had already been identified as a priority by City Council. STATEMENT OF THE ISSUES: A public information program was implemented to educate residents and to obtain citizen input about the proposed bonding projects and charter change. The following public outreach activities have taken place or are scheduled for the near-term: . A Key Influencer Letter was distributed to over 300 local residents and business owners in April. The letter signed by the Mayor and City Council included backup materials related to the findings ofthe D.I.RT. Task Force and project information and maps related to the proposed infrastructure projects. . A Community Improvements Planning Update brochure was in~led to all likely voters (9,57? ho~seholds). in the co~~ during t?e second we~k ofMlIy. Th.e brochure. , contamed InformatJop.about the woposed projects and provIded voters WIth information on how to provide their input. ' . , . A second Community Improvements Planning Update brochure was mailed to all likely voters (9,577 households) in the community during the third week of May. The brochure again included information about the proposed projects and in addition, information concerning the proposed charter change in reference to height and density. . On June 5th, a Recreation Center Expansion Open House was held to provide residents the opportunity to view proposed expansion plans for the Wheat Ridge Recreation Center and to ask questions of and provide input to staff and the architects of Barker Rinker Seacat Architecture. . A Public Opinion Survey was mailed to 9,577 households in Wheat Ridge at the end of May. The survey asked questions of residents concerning their understanding of and level of support for the four proposed infrastructure proj ects and the proposed charter change related to height and density. 1,755 surveys were completed and returned. . A Phone Poll was conducted between July 13th and July 15th - 404 residents were contacted by phone to determine their level of support for the proposed infrastructure projects and charter change. . Open Houses will be held in August and/or S"p~"mber (Town Hall Open House) to provide residents with information about the ballot questions. ALTERNATIVES CONSIDERED: City Council could choose to delay or not proceed with putting this issue on the ballot. FINANCIAL IMPACT: The cost of the coordinated election with Jefferson County will be approximately $13,000. RECOMMENDED MOTION: "I move to approve Council Bill No. 15-2008, An Ordinance Submitting a Ballot Question to the Voters of the City Of Wheat Ridge at the November 4, 2008 Special Election, Concerning a Temporary Sales and Use Tax Rate Increase for the Purpose of Issuing Revenue Bonds for the Reconstruction and Streetscaping of Portions of West 38th Avenue on first reading, order it published, public hearing set for Monday, August 25, 2008 at 7:00 p.m. in the City Council Chambers, and that it take effect immediately upon adoption at second reading." Or, "I move to postpone indefinitely Council Bill No. 15-2008 for the following reason(s) " Report Prepared by: Patrick Goff, Director of Administrative Services Reviewed by: Randy Young, City Manager Attachments: 1. Council Bill No. 15-2008 \ \ CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 15-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE SUBMITTING A BALLOT ISSUE TO THE VOTERS OF THE CITY AT THE NOVEMBER 4, 2008 SPECIAL ELECTION, CONCERNING THE AUTHORIZATION OF A TEMPORARY SALES AND USE TAX RATE INCREASE AND REVENUE BONDS TO FINANCE THE RECONSTRUCTION AND STREETSCAPING OF PORTIONS OF WEST 38TH AVENUE WHEREAS, the City Council of the City of Wheat Ridge, Colorado has the authority to refer ballot issues to the electorate; and WHEREAS, the Council wishes to refer a ballot issue concerning temporarily increasing the City of Wheat Ridge sales and use tax to be used solely to pay revenue bonds issued for the purpose of financing various street capital improvements; and WHEREAS, the Council wishes to set the title for the same. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Ballot issue referred. The following ballot issue is hereby referred to the electorate of the City at the November 4, 2008 election: SHALL THE CITY OF WHEAT RIDGE TAXES BE INCREASED $3,925,000 (FIRST FULL FISCAL YEAR DOLLAR INCREASE) ANNUALLY AND SHALL THE CITY OF WHEAT RIDGE DEBT BE INCREASED BY AN AMOUNT NOT TO EXCEED $33,435,000, WITH A MAXIMUM REPAYMENT COST OF $72,015,000; WHICH TAXES SHALL CONSIST OF THE REVENUES GENERATED FROM A TEMPORARY RATE INCREASE OF 0.6% IN THE CITY SALES AND USE TAX (REPRESENTING A SIX-TENTHS OF ONE CENT INCREASE ON EACH DOLLAR SUBJECT TO THE TAX) AND SHALL BE USED SOLELY TO PAY REVENUE BONDS ISSUED FOR THE PURPOSE OF FINANCING OR REFINANCING . THE RECONSTRUCTION OF 38TH AVENUE FROM KIPLING STREET TO YOUNGFIELD STREET (TO INCLUDE BUT NOT LIMITED TO TURN LANES, SIDEWALKS, STORMWATER DRAINAGE, STREET LIGHTING, PEDESTRIAN TRAILS, ATTACHMENT 1 STREETSCAPE AND UNDERGROUNDED UTILITIES) AND THE STREETSCAPING OF 38TH AVENUE FROM HARLAN STREET TO WADSWORTH BOULEVARD (TO INCLUDE BUT NOT LIMITED TO DETACHED SIDEWALKS, IRRIGATED TREE LAWNS, PEDESTRIAN LIGHTS AND STREET FURNITURE) SUCH BONDS TO BE DATED AND SOLD AT SUCH TIME, AND AT SUCH PRICES (AT, ABOVE OR BELOW PAR) AND CONTAINING SUCH TERMS, NOT INCONSISTENT HEREWITH, AS THE CITY COUNCIL MAY DETERMINE; SUCH TAX RATE INCREASE TO COMMENCE JANUARY 1, 2009 AND TERMINATE ON THE 1ST DAY OF THE MONTH IMMEDIATELY FOLLOWING THE DATE ON WHICH THE DEBT APPROVED HEREBY IS PAID IN FULL; AND SHALL THE TAX REVENUES FROM THE TAX INCREASE AND ALL EARNINGS ON SUCH REVENUES AND THE PROCEEDS OF THE BONDS (REGARDLESS OF THE AMOUNT) CONSTITUTE A VOTER APPROVED REVENUE CHANGE, AND AN EXCEPTION TO THE REVENUE AND SPENDING LIMITS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? Yes: No: Section 2. Ballot Title Set. The ballot title for the election is hereby set as follows: the text of the ballot issue referred in Section 1 of this Ordinance. Section 3. Challenaes to ballot title and content. For purposes of C.RS. 9 1- 11-203.5 and 9 31-10-1308(2), this Ordinance shall serve to set the title and content of the ballot issue set forth herein. Any petition to contest the form or content of the ballot title must be filed with the Jefferson County District Court and a copy served on the City Clerk within five days after the title of the ballot issue is set by the City Council upon final adoption of this Ordinance on second reading. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Effective Date. This Ordinance shall take effect immediately upon adoption at second reading, as permitted by the Charter. 2 INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this 11th day of August, 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 August 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 25th day of August, 2008. SIGNED by the Mayor on this day of ,2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: 3 \ \ \ \ \ \ \ \ \ \ i \ \ \ \ "II. ,\"I n.:ietyaO~ D -i...-l..-l...."e :P VVU! ,......L~~ ITEM NO: s, REQUEST FOR CITY COUNCIL ACTION I ~_.,. - - ~. .,<~. & ~i~:~~::'}- ~ dl COUNCIL MEETING DATE: August 11, 2008 TITLE: COUNCIL BILL 16-2008 - AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF THE CITY OF WHEAT RIDGE AT THE NOVEMBER 4, 2008 SPECIAL ELECTION, CONCERNING GENERAL OBLIGATION BONDS FOR THE PURPOSE OF FINANCING NEIGHBORHOOD FLOOD CONTROL AND STORM DRAINAGE IMPROVEMENTS o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: 08/11/2008) o ORDINANCES FOR 2ND READING (Date: 08/25/2008) Quasi-Judicial: 0 Yes -Ey~t~~~ o No /'-;(/ ~/)~ City !Vl~er (j EXECUTIVE SUMMARY: On March 24, 2008, City Council approved funding for a Public Infrastructure Funding Information Program to determine the feasibility and level of public support for bonding questions and charter changes on the November 2008 ballot for the following projects: 1. Neighborhood Flood Control Improvements 2. Reconstruction of38th Avenue from Kipling Street to Youngfield Street 3. Streetscaping of 38th Avenue from Harlan Street to Wadsworth Boulevard 4. Expansion of the Wheat Ridge Recreation Center 5. Height and Density Charter Change On August 4, 2008, after an extensive public information program, Council directed staff to draft an ordinance submitting a ballot question to the voters of the City to issue general obligation bonds in the maximum amount of $9,255,000 with a repayment cost of up to $19,000,000 and increasing taxes up to $760,000 annually for the purpose of financing neighborhood flood control and storm drainage improvements. A temporary increase in the City's property tax mill levy of appw"imately 1.5 mills will be required as revenue to repay the bonds. The estimated tax impact to Wheat Ridge property owners from this mill levy increase will be approximately $30 per year for a home valued at $250,000. COMMISSION/BOARD RECOMMENDATION: The Mayor commissioned the Drainage, Infrastructure, Roads and Trails (D.I.R.T.) Task Force in January 2007, which was charged with providing an independent prioritization ofthe City's unfunded infrastructure projects. After a four-month analysis process, the Task Force presented their top ten priority recommendation to City Council. The 38th Avenue reconstruction and streetscaping and the recreation center expansion were among the Task Force's top five priority recommendations. The neighborhood flood control and storm drainage improvements had already been identified as a priority by City Council. STATEMENT OF THE ISSUES: A public information program was implemented to educate residents and to obtain citizen input about the proposed bonding projects and charter change. The following public outreach activities have taken place or are scheduled for the near-term: . A Key Influencer Letter was distributed to over 300 local residents and business owners in April. The letter signed by the Mayor and City Council included backup materials related to the findings of the D.I.RT. Task Force and project information and maps related to the proposed infrastructure projects. . A Community Imp;rov~~e~ts ~!~nning.update brochure was maiiedto a\llikely ,:o~ers : (9,577 households) In the CO!IllliiillUty durIng the second week of May. The brochure '. contained information about the proposed projects and provided voters with information on how to provide their input. . A second Community Improvements Planning Update brochure was mailed to all likely voters (9,577 households) in the community during the third week of May. The brochure again included information about the proposed projects and in addition, information concerning the proposed charter change in reference to height and density. . On June 5th, a Recreation Center Expansion Open House was held to provide residents the opportunity to view proposed expansion plans for the Wheat Ridge Recreation Center and to ask questions of and provide input to staff and the architects of Barker Rinker Seacat Architecture. . A Public Opinion Survey was mailed to 9,577 households in Wheat Ridge at the end of May. The survey asked questions of residents concerning their understanding of and level of support for the four proposed infrastructure projects and the proposed charter change related to height and density. 1,755 surveys were completed and returned. . A Phone Poll was conducted between July 13th and July 15th - 404 residents were contacted by phone to determine their level of support for the proposed infrastructure projects and charter change. . Open Houses will be held in August and/or September (Town Hall Open House) to provide residents with information about the ballot questions. ALTERNATIVES CONSIDERED: City Council could choose to delay or not proceed with putting this issue on the ballot. FINANCIAL IMPACT: The cost of the coordinated election with Jefferson County will be approximately $13,000. RECOMMENDED MOTION: "I move to approve Council Bill No. 16-2008. An Ordinance Submitting a Ballot Question to the Voters of the City Concerning General Obligation Bonds for the Purpose of Financing Neighborhood Flood Control and Storm Drainage Improvements, on first reading, order it published, public hearing set for Monday, August 25, 2008 at 7:00 p.m. in the City Council Chambers, and that it take effect immediately upon adoption at second reading." or, "I move to postpone indefinitely Council Bill No. 16-2008 for the following reason(s) " Report Prepared by: Patrick Goff, Deputy City Manager Reviewed by: Randy Young, City Manager AttachInents: 1. Council Bill No. 16-2008 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 16-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE SUBMITTING A BALLOT ISSUE TO THE VOTERS OF THE CITY AT THE NOVEMBER 4, 2008 SPECIAL ELECTION, CONCERNING THE AUTHORIZATION OF GENERAL OBLIGATION BONDS TO FINANCE NEIGHBORHOOD FLOOD CONTROL AND STORM DRAINAGE IMPROVEMENTS WHEREAS, the City Council ("Council") of the City of Wheat Ridge, Colorado ("City") has the authority to refer ballot issues to the electorate; and WHEREAS, the Council wishes to refer a ballot issue concerning the issuance of general obligation bonds for the purpose of financing certain drainage and flood control improvements; and WHEREAS, the Council wishes to set the title for the same. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Ballot issue referred. The following ballot issue is hereby referred to the electorate of the City at the November 4, 2008 election: SHALL THE CITY OF WHEAT RIDGE DEBT BE INCREASED $9,255,000, WITH A REPAYMENT COST OF UP TO $19,000,000 AND SHALL CITY TAXES BE INCREASED UP TO $760,000 ANNUALLY FOR PURPOSE OF FINANCING . NEIGHBORHOOD FLOOD CONTROL AND STORM DRAINAGE IMPROVEMENTS BY THE ISSUANCE AND PAYMENT OF GENERAL OBLIGATION BONDS, WHICH BONDS SHALL MATURE, BE SUBJECT TO REDEMPTION, WITH OR WITHOUT PREMIUM, AND BE ISSUED, DATED AND SOLD AT SUCH TIME OR TIMES, AT SUCH PRICES (AT, ABOVE OR BELOW PAR) AND IN SUCH MANNER AND CONTAINING SUCH TERMS, NOT INCONSISTENT HEREWITH, AS THE CITY COUNCIL MAY DETERMINE; SHALL AD VALOREM PROPERTY TAXES BE LEVIED IN ANY YEAR, WITHOUT LIMITATION ,AS TO RATE AND IN AN AMOUNT SUFFICIENT TO PAY THE PRINCIPAL OF, A I I ACHMENT 1 PREMIUM, IF ANY, AND INTEREST ON SUCH BONDS; AND SHALL ANY EARNINGS FROM THE INVESTMENT OF THE PROCEEDS OF SUCH TAXES AND BONDS (REGARDLESS OF THE AMOUNT) CONSTITUTE A VOTER APPROVED REVENUE CHANGE, AND AN EXCEPTION TO THE REVENUE AND SPENDING LIMITS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? Yes: No: Section 2. Ballot Title Set. The ballot title for the election is hereby set as follows: the text of the ballot issue referred in Section 1 of this Ordinance. Section 3. Challenaes to ballot title and content. For purposes of C.R.S. 9 1- 11-203.5 and 9 31-10-1308(2), this Ordinance shall serve to set the title and content of the ballot issue set forth herein. Any petition to contest the form or content of the ballot title must be filed with the Jefferson County District Court and a copy served on the City Clerk within five days after the title of the ballot issue is set by the City Council upon final adoption of this Ordinance on second reading. Section 4. Safetv Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Effective Date. This Ordinance shall take effect immediately upon adoption at second reading, as permitted by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this 11th day of August, 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 August 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 25th day of August, 2008. 2 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 3 ,2008. "< ~. _ y City of rWheatR.;L.dge ITEM NO: ~, REQUEST FOR CITY COUNCIL ACTION '~~ ~ Illi [II COUNCIL MEETING DATE: August 11, 2008 TITLE: RESOLUTION 40-2008 - A RESOLUTION AMENDING THE FISCAL YEAR 2008 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION TO THE TASTE OF WHEAT RIDGE FOR $10,000.00 AND $6,500.00 WORTH OF SPECIAL CITY SERVICES. IN ADDITION, APPROVAL OF THE CLOSURE OF 38TH AVENUE FROM PIERCE STREET TO WADSWORTH BOULEVARD FOR THE 2008 TASTE OF WHEAT RIDGE FESTIVAL o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicial: 0 0 Yes No ~ r:;. .~J City~~ Director of Public Works EXECUTIVE SUMMARY: The Mayor's Office, Wheat Ridge 2020, the Colorado Folks Arts Council, Wheat Ridge Cyclery, Wheat Ridge Business District, Enterprise Wheat Ridge, Seyfer Automotive, and the Arts Council of Wheat Ridge are organizing the "Taste of Wheat Ridge" on September 6, 2008. The Festival is planned to be held on 38th Avenue, between Upham Street and Pierce Street and will include an art show, car show, food and Inusic. This year, the committee expects between 3,000 to 4,500 participants. The sponsors are requesting that 3 8th Avenue be closed from Pierce Street to Wadsworth Boulevard from 5:00 a.m. until midnight. Arrangements have been Inade to use a parking lot at 44th Avenue and Wadsworth (Stage Stop Antique Mall) for those attending the Festival. The traffic control plan has been reviewed and approved by Staff. The sponsors are requesting the City Council of the City of Wheat Ridge provide $10,000 financial assistance for the Festival due to a fund raising shortfall. In addition, the sponsors request that the City provide Police Department personnel for security at the event and that the Public Works Department clean the streets in the vicinity of the Festival before and after the event. The estimated cost of these City services is $6,500. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The Taste of Wheat Ridge Festival is planned to be held on 38th Avenue on September 6. Closing 38th Avenue for the day will have significant impact on motorists that normally use the street, as well as the merchants along 3 8th Avenue. An arterial or collector street may be closed for an event at the discretion of the City Council. The City Council is being asked to support the Festival by agreeing to police the event, sweep the streets before and after the event and make a cash contribution. The Police Department has estimated the cost of providing security and traffic support at $5,500. The street sweeping is estimated to cost $1,000. The cash contribution of $10,000 is requested to help pay for the portable toilets, traffic barricades and signs, a shuttle bus and insurance. AL TERNA TIVES CONSIDERED: No approval ofthe street closure or contribution and the Wheat Ridge Taste ofthe Arts Festival will not be held. FINANCIAL IMPACT: The request for Police and Public Works Departments assistance is estimated to cost $6,500. The additional cash contribution of$1 0,000 would bring the total assistance by the City to $16,500. Funds have not been budgeted for this event. Approval of this request would require a supplemental budget appropriation from General Fund undesignated reserves. RECOMMENDED MOTION: "I move to approve Resolution 40-2008 - A Resolution Amending the Fiscal Year 2008 General Fund Budget to Reflect the Approval of a Supplemental Budget App,vp,;ation for the Taste of Wheat Ridge Festival 2008 for the Amount of$l 0,000.00, and further move to approve $6,500.00 in-kind to cover policing the event and street sweeping. I further move to approve the Closure of 38th Avenue from Upham Streetto Wadsworth Boulevard for the 2008 Festival; I further move to approve the Police Department providing security and traffic control for the Festival; I further move to approve the Public Works Department providing street sweeping for the Festival." or, "I move to not approve Resolution 40-2008 - A Resolution Amending the Fiscal Year 2008 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation for the Taste of Wheat Ridge Festival 2008 for the Amount of$1 0,000.00, and further move to approve $6,500.00 in-kind to cover policing the event and street sweeping, for the following reasons: " Report Prepared by: Janice SmotherslSteve Nguyen Report Reviewed by: Patrick Goff, Deputy City Manager ATTACHMENTS: 1. Resolution 40-2008 2. Taste of Wheat Ridge Poster 3. Funding Request 4. Festival Event Plan 5. Street Map 6. Fund Raising letter 7. Traffic Map 8. Taste of Wheat Ridge Budget 9. Resident Notification 10. Business Notification II. Map Insert Resident/Business Notification 12. Map of the Bicycle Route CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 40-2008 TITLE: A RESOLUTION AMENDING TUE FISCAL YEAR 2008 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION TO THE TASTE OF WHEAT RIDGE FESTIVAL FOR $10,000.00, APPROVAL OF $6,500.00 WORTH OF SPECIAL CITY SERVICES, ALONG WITH APPROVAL OF THE CLOSURE OF 38TH AVENUE FROM PIERCE STREET TO WADSWORTH BOULEVARD ON SEPTEMBER 6, 2008 WHEREAS, The 2008 Taste of Wheat Ridge Festival Committee has requested the City Council of the City of Wheat Ridge to assist in funding the 2008 Festival which promotes the City of Wheat Ridge and evokes pride in the Wheat Ridge Community. This year the Festival Committee will showcase local Wheat Ridge artists, crafters, food vendors and businesses; and WHEREAS, the City Council must authorize the closure of 38th Avenue; and WHEREAS, the sponsorship of this event was not included in 2008 City Budget; therefore the 2008 Budget must be amended accordingly; and 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 General Fund Budget be amended accordingly, specifically transferring a total of $10,000 from General Fund unreserved fund balance into account #01-102-700-780. B. The closure of 38th Avenue from Pierce Street to Wadsworth Boulevard on September 6, 2008 from 5:00 a.m. to rnidnight is approved. C. The Police Department is authorized to provide security services for the Taste of Wheat Ridge Festival. D. The Public Works Department is authorized to provide street sweeping services for the Taste of Wheat Ridge Festival. ATTACHMENT 1 DONE AND RESOLVED THIS ATTEST: Michael Snow, City Clerk day of August 2008. Jerry DiTullio, Mayor '~---' :~,' , S ," ~. .i~" ". ("" ~ \ 'x TI <:rty of vv l1eat:~e ~ ~ ~"""'- 5 0~~;/7'... ~ ~~" ., ..".~ ~Ut\' I/!"','I,,,,,, ~ loI'D" '?/I'''NioBqD<~,",-;,CT ".:$ .'/q,,\\JUSe 47'7' o4C"'''''EN7' 2 \ Date: July 14, 2008 RE: Taste of Wheat Ridge Festival 2008 The Mayot's Office, Wheat Ridge 2020, the Colorado Folks Arts Council, Wheat Ridge Cycler)', and Seyfer Automotive, and The Arts Council of Wheat Ridge, are once again organizing a wonderful community event entitled the "Taste of Wheat Ridge': ast year was the first year the festival had 'taken to the streets. When all was said and done, we applauded our efforts and learned from our mistakes. This year ,we have had twice as long to prepare for the event as we had last year, and that is in everyone's lavor. This year we are focused on showcasing our own local Wheat Ridge artists, crmers and food vendors and businesses, but vendors are entering from many surrounding areas. Event day will start at 8:30 with a community bicycle ride and a children's bike rodeo; sponsored by Wheat Ridge Cyclery. On return, the bicyclers and community will find a festival open and awaiting their arrival. The festival itself will start at 11:00 am and run until approximately 10:00 p.m. Many volunteers will be present to accommodate and assist the community. A Student Art Show and events for children are in the planning. Ron Gehauf and the Colorado Folk Arts Council are sponsoring and coordinating the music for this years event. The spotlight will be on the 'O'Brien Family Band from 7 -10 p.m. They are a nationally recognized talent from Wheat Ridge! Sponsored by the Wheat Ridge Business District and organized by Seyfer Automotive, the Auto Show is sure to be a great success in 20081 Donny Seyfer will broadcast his two radio shows: Drive Radio and Gearheads; live from the Festival and a local disc jockey will be there to add music from the 50's to the present. Tracy Langworthy and Ginny O'Connell are organizing the Childrens Events, which will be held on the WR Middle School Grounds. Tom and Reef Abbotr have once again funded and donated their time to create a local charity event entitled the'Subrurban Art Forest: Three sizes of hand made wooden trees; separetly sponsored and decorated by various artists; will be displayed at the festival. They will be auctioned in Wlieat Ridge at a later date to raise money for local charites of the sponsors choice. As with all festivals, funding is needed, and we are asking the City of Wheat Ridge to help us fund this great event that highlights our city and evokes pride in our community. We are asking for $7;500.00 in-kind to cover policing of the event and street sweeping; and for $10,000.00 in monetary funding. Following this letter of request includes: 1. 2. 3. 4. 5. Detailed outline of the event Legends and Maps Sponsorship Letter Directors Contract Attachments Thank You for your considerations. ~ Jerry DiTullio f'? Cheri LaMaur Sali Caquelyn CbM, ~ Event Director Taste of Wheat Ridge 2008 303.455.0103 tasteofwheatridge@comcast.net www.rreewebs.com/tasteorrhearts Mayor City of Wheat Ridge ~U~D'rl= ~OfF(Cl; OF TIll! MAYti~'- President Art Council ofWR .- db... ::!&' 11'~II";j,, -,. WlatlRidge Ov ~";' (::" "." f"'i.",.;""" .ili:1n,\,,'"n.'1 tll~Ri'd . 'ireal fl.' ~~ SEYFER -.....-". ATTACHMENT 3 .TASTE OF WHEAT RIDGE' FESTIVAL 2008 EVENT PI.AN I EVENT DIRECTOR AND PRODUCER Sali Caquelyn Mustang Sali Productions 4951 Garrison St.#100 Wheat Ridge, CO 80033 303.455.0103, tasteofWheatridge@comcast.net EVENT DATE: Sanrrday,September6,2008 11:00 a.m. -10 p.m. ESTIMATED PARTICIPANTS Between 3,000 to 4,500 STREET CLOSERS Police will close off 38th Avenue at Wadsworth Blvd. and at Pierce St. at approximately 8:45 am to all local street traffic. There will be a 'no traffic zone on 38th Avenue between Wadsworth Blvd. and Upham St. for police and approved traffic. The Taste of Whear Ridge will take place between Upham and Pierce Streets. (See Attachment 1) EVENT DESCRIPTION The TASTE OF WHEAT RIDGE is the effort of: but not limited to: the City of Wheat Ridge, the Mayor's Office, Wheat Ridge 2020, the Wheat Ridge Business District, The Wheat Ridge Rotary Club, the Colorado Folk Arts Council and Seyfer Automotive. The festival is a single day event which has been in preparation since January 2008. The goal of the festival is to promote arts, business, and other talent from the Wheat Ridge area. It is located on 38th Avenue from Upham to Pierce Streets, which provides us the space to create a fun, educational and safe environment for the people of Wheat Ridge and the SUrtounding areas. Event day will kick-off with a community bicycle ride sponsored by Wheat Ridge Cyclery. The ride is through the community of Wheat Ridge and is approximately 3 miles in cIistance. At 11:00 a.m. the ~endors will open to the public and remain open until 10:00 p.m. From 10:00 - 2:00 p.m., there will be an ~uto show from Pierce Street to Quay or Reed depending on the amount of automobiles that show for the day. Prizes totaling $1000.00 will be given away for various awards. Children's events are to be held on the lawn of the WR Middle SchooL Music will be featured all day under ~ 20 x 80 foot tent that will also house the Rotary Club, selling Beer and Wine. ATTACHMENT 4 \ \ \ \ \ \ 't \ \ \ , \ \ \ \ EVENT PI.AN q EVENT TIMING: FRIDAY, SEPTEMBER 5TH - 1. P.M. - Drop off for Sanitation, Waste Management and Barricades and Electric (See Street Legend) SATURDAY SEPTEMBER 6TH - 1. 6:30A.M. - Drop off and staging for Children's Events on WR Middle School grounds and on 38th Avenue. 2. 8:30 A.M. - Wheat Ridge Cyclery is hosting a community bicycle ride. Riders will convene on WR Cyclety around for bicycle and helmet safety checks. The ride will kick-off after inspections are complete atound 9:30 a.m. 3. 8145 A.M. - Barricades in Place ~. 9:00 A.M. - Vendor Set-up 5. IO:OO A.M. - Auto Show 5. 10:30 A.M. - Vendors to be set up by and all vehicles of the street by 10:45 a.m. 7. 11:00 A.M. - Festival is open to the public B. 2.:00 P.M. - Auto Show Ends. 7. 10:00 P.M. - Festival Ends - Vendors to have everything removed from street by 10:45 p.m. Street Cleaning to be done by 12:00 a.m. September 7th. and 38th Avenue reopened to vehicle traffic. Waste Management will pick up trash bins on Monday morning. [NSURANCE PLAN Festival Insurance is provided by the Henry Ham Insurance Agency Inc. (See Attachment 3) THE INSURANCE IS 'SPECTATOR LIABILITY ONLY. RELATED PERMITS L Permits to use the front WR Middle School Grounds \ \ \ \ \ \ \ \ \ , \ \ , \ , \ \ \ \ , , \ , EVliNT PLAN HI COMMUNICATION PLAN Walkie Talkies will be in place for use by the Evenr Direcror, the Police Sergeant on Duty, information booth and other specific event people. Cell phone numbers will be exchanged between same. Volunteers will be given key phone numbers as welL EMERGENc'Y PLAN We will have three, 4-seat golf carts for use throughout the day. First aid will be carried in all carts, and in the information booths on Upham and Reed Streets. In case of a medical emergency, the WR Fire Department is located 1/4 block of the festival route. TRASH MANAGEMENT AND SANITATION TRASH - WASTE MANAGJiMENT will furnish us with 2 8 yd. dumpsters. One for trash and ~ne for recycling. There will be BOTH 30 gallon regular trash boxes and recycling boxes which will be monitored by volunteers. Volunteers will also remove the filled street containers to the 8 yd. dumpsters throughout the day. Trash will be collected by W ASTli MANAGEMENT the next morning. SANITATION - COLUMBIA SANITATION 1 POTTIES OF THE ROCKIES will provide sanitation facilities and hand washing stations in 3 different festival locations. Two of the stations are equipped with changing stations for babies and all are wheelchair accessible._ GENERATOR, ELECTRICAL AND STAGING NEEDS - DENVER WEST RENT A I.S will be responsible for setting up and tearing down lighring. If Budget allows, two large light towers will be placed along the festival route to light the streets. Smaller light tow- ers will be placed around the music/liquor area. This lighting will assist police in mouitoring activities and keeping the public safe. Sound attenuated generators will provide power for the vendors. Denver West Rentals is also providing staging for the children's events and overhead tents for vendors, ete. MARKETING We have marketed for artists, crafters, food vendors and Wheat Ridge businesses to participate for the last three months by advertising in the lobby at 1st Bank of Wheat Ridge, Big Sky Espresso and Wheat Ridge Cyclery. Flyers are obtainable at many WR stores. I will personally'blitz' Wheat Ridge businesses with flyers to hand out to their customers during the month of August. Ryan Stathelski - head of Economic De- velopment in WR, enabled us to advertise in mailer that went out to 1800 WR businesses. We have been featured in WR Connections under~Save the Date'_in the last issue and will be featured again on the inside back page in the August 15th issue. We are featured on the City's front page of the web-site with a link to the web-site I developed for the festival; ( www.freewebs.com/tasteofihearts ). We can be found in Wheat Ridge 'Your Hub": The Neighborhood Gazetre is doing 2 feature articles for us; one was released last week;( see attached ); and one in August. During the month of August, we will have more prominent post- ers headlining our event throughout the city. Mile Hi Publishing will support us with a free press release. \ \ 1 \ \ \ \ \ EVENT PI.AN IV Other press releases are going out the month ofJuly to radio and television stations. We will be broadcast- ing live from the festival on two radio stations from the Auto Show; 'Drive Radio' and 'Gearheads'. The same two radio shows will make mention of our festival two weeks in advance. If the budget allows, we will hang a full street banner across 44th Avenue and on the lamp posts along 38th Avenue. A letter announcing the festival will be sent out to all residents within a 5 block area of the festival 2 - 3 weeks before the event. We will use e-mail as another way to inform. RTD- RTD has been contacted and informed of our festival. Alternate routes will be 44th and 32nd Avenue. Residents will be notified of the alternate routes in the public letter of festival notification. SPONSORSHIP- WR 2020 is an active sponsor this year as is the Wheat Ridge Business District, the Mayors Office and Enterprise WR. Slated are donations from 1st Bank of Wheat Ridge, Rotary Club, and the Arts Council of Wheat Ridge. Eighty letters where sent out to various businesses in Wheat Ridge asking for funding. ALCOHOL PI,AN Alcohol will be sold by the WR Rotary Club. They carry the necessary insurance and handle all permits and ;ales. Sales will take place underneath the West end of the 20 x 80 fr. music/beer tent and will be contained to that area specifically. Beer and wine will be sold, no hard liquor. There will be at least one police officer present to monitor the entrance and exit to the music/beer tent. No alcohol is to leave the designated area. PARKING AND SHUTTI.E PIAN- There are several parking areas, (See Attachment 2 ) along the festival route, which I am obtaining legal written notice from the property owners for use of their lots. Any vendor who wishes to use these lots, does ;0 at their own risk, as our insurance for the festival does not cover vendor property. ALL VENDORS WILl. BE NOTIFIED IN WRITING: 1. Where the closest parking area is from their marked festival 'booth space. 2. Must carry their own property insurance to use private parking lots. Public parking will be allowed on 38th Avenue in the Stage Stop parking lot. The golf carts will assist in transporting people from that lot to the festival. Safeway will be notified of the festival then provide one months notice of towing festival related vehicles to their customers. Volunteers will be on hand to direct the public. STAFF AND VOLUNTEER PARKING [ will encourage all volunteers to park in the United Methodist Church lot on 38th and Vance or Reed and 41st Street. ( Possibility or not- to check with WR Traffic and Police) - Volunteers choosing to park at the Church will be given 'Parking Passes' that will allow them access to 38th Ave. from the right torn lane heading north on Wadsworth, via WR Police staged at 38th and Wadsworth. \ , \ , \ , , \ \ \ \ \ \ \ \ \ \ \ \ \ , EVENT PI_AN V POLICE AND SECURITY- Per Mr. Sergeant Cohen, will we have a total of 9 officers for the festival; 4 walking, 4 traffic and one supervisor; either Sgt. Cohen or Paula Balafas. Communication will be via cell phones and walkie-talkies. Police fees are estimated at 5,300.00 and street sweeping is estimated at $1,600.00 from last years festival. ATTACHMENTS - ATTACHMENT I - TRAFFIC ROUTING ATTACHMENT 2 - BICYCLE ROUTE - PER ALAN WOLHUTER SPECIAL EVENTS DIRECTOR - WR CYCLERY ATTACHMENT 3 - INSURANCE POLICY HENRY HAM INSURANCE AGENCY ATTACHMENT 4 - WR MIDDLE SCHOOL GROUNDS USE PERMIT LEGEND & LEGEND MAP POLICE CLOSE OFFS SANITATION WASTE MANAGEMENT GENERATORS OVERHEAD STREET LIGHTING( IF WE HAVE THE FUNDING) [ [ [ -r I..., .-, m' . III ~ .... l1lil1li III- III = III . - III III III .1 =- . lo!o ! : i ... ;~. \Jm.-~~ U~ I ~W....J.....JWCX:: j .!IIll . I ,. ! :r ~ I. III . '"...._~.._,......._..~. ._, . . a..-wO:Uw I III . [iju "" ...-.....-..-.-.."1. $ .. o I V') ~ => <( 0=><>- o::wwO I I -I"... ..,;; I .11 ~ ~ z ~ ~ ~ \.. \... :I:-~:I: U~ .. .. j' III , ..... III - .. .. ~V'l....c::::l............-<!) :=;>>o..::I:<::E UJ =oJ Z UJ ~ ~ ~ III I ~o~_w~~ LU Z o N U LL LL <( ex: I- o Z .._J UJ =oJ Z UJ ~ ~ ("t1 ,<.,......"'~""_.~ 'P^18 4uoMspeM 'AI I ACHMENT 5 II I II =>o....:J:<C:2:: I liliiii . pi ><czuw j -. .. I I \ \ Taste of Wheat Ridge Festival 2008 Legend Information Booth~ First Aid I HI Arts/Crafts Booth- Business Booth - Food Booth - . . . Sanitation - Family Rooms - Jil Regular Port-a-Potties . Wash Basins .. Waste Management - 8yd. Dumpsters ~ 30 gallon trash receptecles II Lighting - Street Towers @ Small Towers @ Generators - . Children's Stage - . 1 \ \ \ \ \ \ \ \ \ \ TASTf OF WHEAT RiDGE SATURDAY. SEPTEMBER 6TH 2008 On 38th Avenue between UPham & Aerce Streets j;1lr-~""~-"""""'''~'"'"."''''"''~'''''~'''' ..... .- Hello, On behalf of the City of Wheat Ridge, Wheat Ridge 2020, Wheat Ridge Business District, The Colorado Folks Arts Council, Arts Council of Wheat Ridge, Wheat Ridge Cyclery and Seyler Automotive, we want you to know how much we appreciated your financial support for the Wheat Ridge'Taste of the Arts' Festival in 2007. Last year's festival was such a success, we're inviting you to help again. The 'Taste of the Arts' is the first Fine Arts and Crafts festival in Wheat Ridge. Your donation will help in supporting a venue which in turn, gives artists and crafters, musicians, food vendors, clowns, auto show enthusiasts, Wheat Ridge businesses and others, an opportunity to showcase their talents and enrtch their community. Last year was the first year the festival had 'taken to the streets'. When all was said and done, we applauded our efforts and learned from our mistakes. We have twice as long to prepare for the event as we had last year. This year's event will reflect our endeavors in creating a wonderful festival, as we direct a heightened awareness of event details to the business and residential community of Wheat Ridge. Event day will start with a community bicycle rtde; sponsored by Wheat Ridge Cyclery. On return, the cyclers and community will find a festival open and awaiting their arrival. The festival itself will start at 11 :00 a.m. and run until approximately 10:00 p.m. Again many volunteers will be present to accommodate and assist the community. Every year, Ron Gehauf of the Colorado Folk Arts Council sponsors and organizes great musical talent and this years event; will again surely entertain the crowds with a vartety of music for all ears to enjoy. The Wheat Ridge Rotary Club will sponsor and host the beer garden under the music tent. Dancing is optional but recommended. Sponsored by The Wheat Ridge Business Distrtct and organized by Seyler Automotive, the Auto Show will be a great success in 2008! Donny Seyler will broadcast his two radio shows; Gearheads and Drive Radio; live from the Festival. Visit the new link to the 'Taste of Wheat Ridge' on the City's website or go directly to www.freewebs.com/tasteoftheartsl. There you can access contact information, updates and applications for the festival. We are excited about this great event and we Thank You for your positive influence on our program. Respectfully, Sali Caquelyn Event Director Taste of the Arts 2008 303.455.0103 tasteoflhearts@comcast.net www.freewebs.comltasteoflheartsl PAGE I A I TACHMENT 6 I I I I I T ASTf Of WfJfAT R~OOE :",J -:."'<,' SPONSORSHIP LEVELS: ALL SPONSORS will receive: * Listing on the festival program * Listing on large posting of sponsors at official 'Taste' booth * Formal Thank You letter from 'Taste' Officia Is . = $100.00 + Web listing .* = $250.00 + Web listing & link + 25 % booth discount + poster .** = $500.00 + Web listing & link + 50% booth discount + poster ****= $1000.00 + Web listing & link + free festival booth (10 x 10), poster, your logo on all advertisements + free radio advertising on morning of event day *****= $2500.00 + Web listing & link + free festival booth (10 x 10), poster, your logo on all advertisements + free radio advertising 2 weeks prior to and on the morning of event day + street banner presence 4'~ JerrriTu'f/ Mayor City of Vllheat Ridge (11\"1 ~~l~;~\~lgc \\~\ ~ '_.~:U 1'. ~ Rob Osborn Executive Director Vllheat Ridge 2020 ,t?::: ~":~~'DG,. ~_...,. ~ Sa I; C~lyn Event Director Taste of the Arts ...-;;-~~ .~.'~~ r-, ,_-..,....'\5,.-.:. '~~..., ~. <o;'~' ~/' MusTANG SAtI PRODUCTIONS ~ President Seyfer Automotive ""IYJI"""R"""C:".' ~<"""""'~;;.:....;,:,;,>.,,:;,~;--;.,;, ;"":'i ~~~~~ Ron Gehauf V Cherri laMaur President Colorado Folk Arts Council ~L'ofo'(ldo 'FoJ~ .&';l1-r-s COHn.::d C;t-p<P U Eugene Kiefef' Founder Vllheat Ridge Cyclery ""- r;j>{) ~~ President Arts Council of WR \"'~' : W;~ i-:'~'/' . ,). . ; I ~ c: : ~ l_'_;:'~'c'- .JOhn Marriott President WR Business District ~t Ridge BUSINESS DISTRICT WE GREATLY APPRECIATE YOUR TIME AND YOUR FUNDING. THANK YOU. Please write your Tax Deductible Donation to: Colorado Folk Arts Council Mail To: Mayor Jerry DiTullio CIO Wheat Ridge City Hall 7500 West 29th Avenue Wheat Ridge, CO 80033 \ \ \ \ \ \ \ \ \ \ \ " \ .. .. 44TH AVENUE ~ \ 38THAVENUE -c ~ I ..c: ... ~ o ;: VI "0 ~ I I I I f Attachment 1 Traffic Control- 09/06/08 - ~ 5 h u t t I U e P H R A o M u t e R , E . E D Q U A y P I E R C E ;; 39TH AVENUE H I ~III i_Bill. _. ... Festival area M M , II II.T-III~ 1.111 VUE G A P L H N H L CAE C E M R T - \ \ \ \ \ \ \ \ \ I. I I , \ \ \ \ '1 i \ \, i,. \ \' \ \ \ \ \ I \ \ Taste of Wheat Ridge Budget - 2008 Expenses Budgeted YTD Date Chk# Comments Director - Labor Line Item $6,000.00 $1,300.00 1/31/2008 991 Director - Labor Line Item $1,060.00 2/15/2008 992 combined Chk Director - Labor Line Item $516.61 3/14/2008 993 combined Chk Director - Labor Line Item $516.61 4/7/2008 994 combined Chk Director - Labor Line Item $500.00 5/2/2008 N/A Bank Transfer from DDA to DDA Director - Labor Line Item $500.00 6/4/2008 N/A Bank Transfer from DDA to DDA Director - Labor Line Item $535.59 7/1/2008 N/A Bank Transfer from DDA to DDA Director - Labor Total $6,000.00 $4.928.81 , Director - Expense $1,000.00 $88.25 2/15/2008 992 combined Chk Director - Expense $62.06 3/15/2008 993 combined Chk Director - Expense $50.00 3/24/008 N/A Sec of State Director - Expense $40.64 4/7/2008 994 combined Chk Director - Expense $167.46 5/7/2008 N/A Debit Card Director - Expense $27.55 5/9/2008 N/A Debit Card, Office Max Director - Expense $67.28 5/14/2008 N/A Debit Card, Office Max Director - Expense $42.15 5/23/2008 N/A Debit Card, Office Max Director - Expense $40.00 5/29/2008 N/A Debit Card, Office Max Director - Expense $36.09 6/4/2008 N/A Debit Card/Cash, printing/meeting Director - Expense $53.70 6/11/2008 N/A Debit Card. Office Max Director - Expense $77.63 6/26/2008 N/A Debit Card, Office Max Director - Expense $26.31 7/1/2008 N/A Misc. Expenses (Gazette,Office Supplies) Director - Expense $56.44 7/21/2008 N/A Debit Card, Office Max Director - Expense $26.98 7/21/2008 N/A Debit Card, Office Max Director - Expense $24.85 7/21/2008 N/A Debit Card, Office Max Director - Expense $3.00 7/21/2008 N/A Bank Service Ch~rge Jeff Bell - Vendor Refund $130.00 7/5/200 995 Vendor Refund ATTACHMENTS Oirector . Expense Total entertainment Liability Insurance Waste Management ients ior e\lent tnot \lendors) iraiiic earricades CIty oi W\"Ieat Ridge Generators !\d\lertiSin9/eanners unanticipated eXpense GO\! carts ior 44t\"l to 38t\"l wa\I<.'Ie-tlll\<.ies . colo. fol\<. Arts Council oonati Car S\"IoW prizes ,o'llets iotal Expense $1,000.00 $4,000.00 $500.00 $646.90 $4,309.00 $3,635.00 $1,500.00 $1,500.00 $2,000.00 $500.00 $291.00 $30.00 $200.00 $1,000.00 $900.00 $34,011.9.!!.. '-' $1,020.39 $3078+$1231 tc\"lildren acti\lites) \n-\<.ind, police, publiC wor\<.s $S,g49.2~ Re'ienue Budgeted YTD Date Comment WR 2020 $5,000.00 $5,000.00 1/30/2008 WRBD $3,000.00 $3,000.00 6/27/2008 Mayor's Office $1,000.00 $0.00 Arts Council of Wheat Ridge $1,000.00 $0.00 Enterprise Wheat Ridge $500.00 $0.00 Fund Raising (Donations) $5,000.00 $1,000.00 FirstBank $1000, Vendor Entry Fees $3,500.00 $1,710.49 City of Wheat Ridge $7,500.00 $0.00 in-kind labor, police, public works City of Wheat Ridge $10,000.00 $0.00 cash Rotary - Beer Garden $200.00 $0.00 Total Revenue $36,700.00 $10,710.49 Balance $2,682.10 $4,761.29 ~ ~ ~i~ It r'JII 11 r<J' ~ ~n I f\\~ (lfIi ~ L~~ ~~: Bl:aLiJ . ~. ~ ~@~~~~(9) ~@\Q)~ To Wheat Ridge Resident, This letter is to inform you that once again, the City of Wheat Ridge is presenting the 'Taste of Wheat Ridge' street festival on Saturday, September 6th, 2008.1 am working with Traffic Engineering of Wheat Ridge and the Wheat Ridge Police to insure your safety and that residents and businesses have access to and from their residents and places of business during the day of the festival. 38th Avenue will be closed from Wadsworth Blvd. to Pierce Streets at 8:45 a.m. Vendors and festival help will be notified to enter 38th Avenue from Pierce Street only. Normal traffic will resume the same day at midnight. Traffic from Vance and Upham Streets on the South side of 38th Avenue will be allowed access only to Westbound 38th Avenue onto Northbound Wadsworth Blvd. You will be able to turn right into the Safeway parking lots as well. Residents on Upham, Teller, High Ct., Reed and Quay Streets will find that the North and South ends of your streets will have light barricades to block through traffic. While the barricades are in place to keep traffic from gathering on your street, they are not there to block you in. You may come and go as you please. RTD has been notified of the festival and the closing of 38th Avenue. Alternate routes will be on 32nd and 44th Avenues. If you need more information concerning bus routes, you may contact RTD at: For route and schedule information 303.299.6000 6:00 a.m. - 8:00 p.m. Monday through Friday 9:00 a.m. - 6:00 p.m. Weekends and Holidays or the Website: http://www.rtd-denver.com/ This years festival event is sure to be fun for all ages and we hope you will come out and join us for the fun! If you have any questions or concerns, let me hear from you and ThankYou for your cooperation. Sali Caquelyn Event Director Taste of Wheat Ridge Festival 2008 303.455.0103 tasteofwheatridge@comcast.net www.freewebs.com/tasteofthearts/ See YOU on Saturday. the 6th of September!!1 A I TACHMENT 9 \ , \ \ " \ , \ \ , , \ \ \ \ \ \ \ \ \ , \ \ \ \ ~ ~~~': ~ L~~ a ~ ~: ~ ~ --I ~ I;.~ 1\\~ ~ ~. .1~tn. .~. ~ (f@~\k~~(9) ~@(Q)~ To Wheat Ridge Businesses, This letter is to inform you that once again, the City of Wheat Ridge is presenting the 'Taste of Wheat Ridge' street festival on Saturday, September 6th, 2008.1 am working with Traffic Engineering of Wheat Ridge and the Wheat Ridge Police to insure your safety and that residents and businesses have access to and from their residents and places of business during the day ofthe festival. 38th Avenue will be closed from Wadsworth Blvd. to Pierce Streets at 8:45 a.m. Vendors and festival help will be notified to enter 38th Avenue from Pierce Street only. Normal traffic will resume the same day at midnight. Traffic from Vance and Upham Streets on the South side of 38th Avenue will be allowed access only to Westbound 38th Avenue and onto Northbound Wadsworth Blvd. You will be able to turn North into the Safeway parking lots as well. Residents on Upham, Teller, High Ct., Reed and Quay Streets will find that the North and South ends of your streets will have light barricades to block thru traffic. While the barricades are in place to keep traffic from gathering on your street, they are not there to block you in. You may come and go as you please. RTD has been notified of the festival and the closing of 38th Avenue. Alternate routes will be on 32nd and 44th Avenues. If you need more information concerning bus routes, you may contact RTD at: 303.299.6000 6:00 a.m. - 8:00 p.m. 9:00 a.m. - 6:00 p.m. or the Website: Route / Schedule information Monday through Friday Weekends and Holidays http://www.rtd-denver.com/ We hope you will take advantage of the festival this year and come out and promote your business. The festival is sure to be fun for all ages and we hope you will join us for the fun! If you have any questions or concerns, let me hear from you and Thank You for your cooperation. Sali Caquelyn Event Director Taste of Wheat Ridge Festival 2008 303.455.0103 tasteofwheatridge@comcast.net Visit our website at: www.freewebs.com/tasteofthearts/ See YOU on Saturday. the 6th of September!!! AI I ACHMENT 10 \ \ \ \ \ \ '\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ , , \ \ 44TH AVENUE )I- -I -I )l- n :I: i: m z ... j, ..Ii. ..Ii. \38THiAVENlJE?C? :::"'W.4 -0 2: co .I:: .... ~ ~ III "0 ~ S h u t t I e R C> u t e I A V A N C E Festival Parking Area "'- Stage Stop Antique Mall 44th and Upham u P H A M A II II-T U E P L H L A E M R t; 39TH AVENUE Festival area -H ~ I~~~ I.' .~ ~JJ ~,.~~iII. . . I G H C T I I I I I P R Q I E U E EAR DYe E .. .. ... ~ ~~ \ \ \ \ \ \ \ , \ , u E cr: 8 50 cr: oo~5 ~82QJN ::)N-.E:2N ~..c_cr:M w....~@<i --''''::>5:''' ~ +-i c c ""= uo.cortJM MQ)~=O ........Vl........roM ~: ~ ~" '::.J ~ QO f"".. '-.1 (j ., , -I''" " cS ~ ~~ !?i ,~ .:: .; L. .;. '1' . ,': ~ ,("I..,," @:"'>l""fl...,. "~," ," ~~...\'h.,',::l~, e....,; ., c ~ ',"" --Y 1","-' ..:1 -.-': ~: _','J,'" -...,,1 ;c! -'-,;, "_>''l'" c,.,;r . j-: ...-r"-" ;; ""i' ~ (r:\ ",',hj<.~"J<:r :'1-:,: '0 AI I ACHMENT 12 " ~. , 1 i , , , . ,."0 ;-ci II t' ~ sri \ \ \ \ \ \ \ \ \ \ \ \ \ \