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Home My WebLink About2-13-23 City Council Meeting Agenda PacketAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO February 13, 2023 7:00 p.m. This meeting will be conducted as a virtual meeting, and in person, at 7500 West 29th Avenue, Municipal Building, if allowed to meet on that date per COVID-19 restrictions. Some members of the City Council or City staff will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival. 2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on February 13, 2023). 3. Virtually attend and participate in the meeting through a device or phone: • Click here to join and provide public comment • Or call +1-669-900-6833 with Access Code: 893 7122 2294 • Passcode: 960741 4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Those requiring assistance, ASL, or translation service for languages other than English are asked to contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES NONE APPROVAL OF AGENDA CITY COUNCIL AGENDA: February 13, 2023 PROCLAMATIONS AND CEREMONIES Recognition of WRHS Cross Country Teams PUBLICS’ RIGHT TO SPEAK a. Public may speak on any matter not on the Agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when directed by the Mayor b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. 1.CONSENT AGENDA a. Motion to approve an amendment and extension to the contract with Charles Abbott Associates, Inc. for building division services and authorizing all subsequent payments b. Resolution No. 06-2023 - a resolution amending the Fiscal Year 2023 Budget to reflect the approval of a supplemental budget appropriation for the re- appropriation and re-encumbrance of 2022 Fiscal Year encumbered funds in the amount of $18,424,962.79 c. Motion to cancel the March 27, 2023, regular meeting of the Wheat Ridge City Council PUBLIC HEARINGS AND ORDINANCES ON SECOND READING NONE ORDINANCES ON FIRST READING NONE DECISIONS, RESOLUTIONS, AND MOTIONS 2. A motion approving the revised Council Rules of Order and Procedure dated February 13, 2023 3. Motion to approve installation of a traffic calming device on Lamar Street between 32nd Avenue and 33rd Avenue in accordance with the neighborhood traffic management program CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS CITY COUNCIL AGENDA: February 13, 2023 ELECTED OFFICIALS’ MATTERS ADJOURN TO SPECIAL STUDY SESSION ITEM NO: 1a DATE: February 13, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE AN AMENDMENT AND EXTENSION TO THE CONTRACT WITH CHARLES ABBOTT ASSOCIATES, INC FOR BUILDING DIVISION SERVICES AND AUTHORIZING ALL SUBSEQUENT PAYMENTS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________________ ______________________________ Interim Community Development Director City Manager ISSUE: Charles Abbott Associates, Inc. has provided contractual Building Division services for the City since 2018. This request extends their contract by two years, through March 2025. PRIOR ACTION: The City awarded Charles Abbott Associates (CAA) the contract for on-call building services in April 2017 after an open bidding process. Later that year, the City began to consider the merits of awarding a full-service contract to CAA to perform all functions of the City’s Building Division. City Council discussed the approach in a study session in January 2018, and in February 2018, Council approved a contract award to CAA for contractual Building Division services. The initial contract term was three (3) years and could be extended two (2) years by mutual agreement of the parties. City Council approved a two-year extension in February 2021 (Amendment #1). FINANCIAL IMPACT: The approved 2023 budget includes $1.22 million for Building Division contractual services. Council Action Form – CAA Contract Amendment February 13, 2023 Page 2 BACKGROUND: For many years prior to CAA, the City contracted with an outside professional services firm to augment the City’s Building Division functions. The amount of work outsourced to the on-call firm ebbed and flowed based on permit and inspection volume and City staffing levels. This on-call arrangement helped with continuity of inspections during staff absences and vacations. Contracted firms also provided technical expertise in areas such as commercial electrical inspections, elevator inspections, and plan review for complex permits. The City’s relationship with CAA originally began in this on-call capacity. The contract for Building Division support services was periodically put out to public bid. That bidding process occurred in early 2017, and the City changed vendors and awarded the bid to CAA in April 2017. Shortly thereafter, on May 8, 2017, Wheat Ridge suffered one of Colorado’s most destructive hailstorms. As a result of the storm, the vast majority of the City’s homes and structures were damaged, and the demand for roofing permits and inspections exploded. In their on-call capacity, CAA was able to bring inspectors and permit technicians to Wheat Ridge from across the country to meet the customer service needs associated with storm-related permits. The City maintained the ability to provide next day inspections, and continuity of service during this period, thanks to the presence CAA staff. Later in 2017 and after difficulty keeping the division fully staffed, the City began to consider the merits of awarding a full-service contract to CAA to perform the functions of the City’s Building Division. Vacancies among the inspector positions were difficult to fill, and the pool of qualified candidates was limited. The pool of Chief Building Official (CBO) candidates was even more limited, and the CBO position was vacant for several extended periods from 2014 to 2018. Staff discussed this issue with City Council in a study session on January 22, 2018. At the time, several other communities were also using on-call or full-service firms to support Building Division functions. Based on the study session discussion and consensus, City Council approved a conversion of the CAA contract to a full-service arrangement on February 12, 2018. The City’s three Building Division employees were offered CAA employment, and since 2018 the City has used a full-service contract model. CAA is fully integrated into the department and the City staff team. CAA staff office out of City Hall with the rest of the Community Development Department; they have City email addresses, phone numbers, uniforms, and car decals. Most CAA staff are fully dedicated to the City of Wheat Ridge. This means our CBO, counter staff, lead plans reviewer, and primary inspectors are a consistent daily presence in the office and in the community. CAA staff attend interdepartmental meetings, and many customers probably have no realization that they are contracted employees. Council Action Form – CAA Contract Amendment February 13, 2023 Page 3 The CAA contract establishes a payment structure based on them receiving a portion of the City’s building permit revenues (exclusive of building use tax). Those revenues include building permit fees, plan review fees and contractor license fees. They are also paid a flat fee for expenses associated with reviewing, approving and inspecting properties for business licenses. Their fee structure is tiered, such that as Building Division revenues go up, the percentage of revenues that are paid to CAA goes down. For each monthly billing cycle, the fee structure is as follows: • First $60,000 – 68% of monthly revenues paid to CAA • $60,001 – $100,000 – 60% of monthly revenues paid to CAA • Over $100,001 – 55% of monthly revenues paid to CAA The initial contract term with CAA was three (3) years and could be extended an additional two (2) years by mutual agreement of the parties. A two-year extension was approved by City Council in February 2021 (Amendment #1). By approving an additional two-year extension, the CAA contract would go through March 2025 and would be considered Amendment #2. Continuity of Building Division services over the next couple of years is particularly important for large active projects, including the new Lutheran hospital at Clear Creek Crossing. The amendment will not change the fee structure described above. It will adopt CAA’s current rate sheet for any instance when hourly rates are necessary. It also specifies that courtesy inspections of accessory dwelling units for the purpose of legalizing such units during the City’s 2-year grace period will be assessed as a flat fee similar to business license inspections. A competitive procurement process for Building Division services will be required after this renewal and is expected to occur in mid- to late-2024. RECOMMENDATIONS: Staff recommends approving Amendment #2 thereby extending the CAA contract for Building Division services through March 2025. RECOMMENDED MOTION: “I move to approve an amendment and extension to the contract with Charles Abbott Associates, Inc for Building Division services and authorizing all subsequent payments.” Or, “I move to not approve an amendment and extension to the contract with Charles Abbott Associates, Inc for Building Division services and authorizing all subsequent payments for the following reason(s) _________________________________.” REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Interim Community Development Director Patrick Goff, City Manager Council Action Form – CAA Contract Amendment February 13, 2023 Page 4 ATTACHMENTS: 1. CAA Amendment #2 and Exhibits CITY OF WHEAT RIDGE AMENDMENT TO AGREEMENT with Charles Abbott Associates, Inc. for Full-Service Building Division Services AMENDMENT #2, February 13, 2023: Pursuant to the original contract with Charles Abbott Associates, Inc., 390 Interlocken Crescent, 3rd Floor, Broomfield, CO 80021, regarding Consultant Services for Full-Service Building Division Services, the City hereby authorizes the amendment to the contract as follows: 1.Article 1- Statement of Work: a.The originally agreed upon Scope of Work remains in effect with the addition of the following:i.Itemized ADU Inspection per the Statement of Work included herein as Exhibit A (ConsultantServices Agreement) 2.Article 2- Term a.This Amendment #2 extends the agreement term until March 2, 2025 3.Article 3- Payment and Fee Schedule: a.ADU Inspection rate is: $95/hourb.Adoption of 2023 hourly rate sheet for additional work as needed per Exhibit B (Rate Sheet) In Witness whereof, the parties hereto have executed or caused to be executed by their duly authorized officials, this Amendment in two (2) copies, each of which shall be deemed an original on the date first written. “CITY” “CONTRACTOR” City of Wheat Ridge Charles Abbott Associates, Inc. 7500 West 29th Avenue 390 Interlocken Crescent, 3rd Fl. Wheat Ridge, CO 80033 Broomfield, CO 80021 By: By: ________________________________ ___________________________ Bud Starker, Mayor Authorized Signature ________________________________ ___________________________ Date Date ___________________________ Title ___________________________ Print or Type Name ATTACHMENT 1 EXHIBIT A February 22, 2021 EXHIBIT B ENGINEERING/PUBLIC WORKS HOURLY BUILDING & SAFETY HOURLY CLASSIFICATION RATES CLASSIFICATION RATES Principal Engineer 193.00 Principal Building Official 160.00 City Engineer 149.00 Building Official 138.00 Project Manager 160.00 Senior Building Inspector* 116.00 Senior Engineer 154.00 Building Inspector/Plan Checker 107.00 Project Engineer 145.00 Building Inspector* 99.00 Associate Engineer 121.00 Permit Specialist 73.00 Code Enforcement Officer 83.00 Senior Design Engineer 127.00 Assistant/Design Engineer 108.00 COMMUNITY DEVELOPMENT HOURLY CLASSIFICATION RATES Senior Plan Check Engineer 138.00 Plan Check Engineer 116.00 Community Development Director 160.00 Principal Planner 154.00 Senior Traffic Engineer/Manager 165.00 Senior Planner 132.00 Transportation Planner 121.00 Associate Planner 107.00 Traffic Engineer Associate 105.00 Assistance Planner 88.00 Planning Technician 77.00 3-Person Survey Crew 297.00 Code Enforcement Officer 83.00 2-Person Survey Crew 231.00 OTHER HOURLY Senior Draftsperson (CADD) 105.00 CLASSIFICATIONS RATES Draftsperson (CADD) 94.00 Landscape Architect Director 138.00 Senior Public Works Inspector* 116.00 Associate Landscape Architect 105.00 Public Works Inspector* 105.00 Expert Witness Services 330.00 Senior Contract Administrator 121.00 STORM WATER HOURLY Administrative Assistant 66.00 CLASSIFICATION RATES Clerical 55.00 Environmental Project Manager 160.00 Environmental Program Manager 127.00 Environmental Analyst 101.00 Environmental Associate 96.00 Environmental Inspector 88.00 The above hourly rates include general and administrative overhead and fees and employee payroll burden. Rates are subject to an annual adjustment based upon increases adopted by Charles Abbott Associates, Inc. as reflected in the Consumer Price Index (CPI). *The Hourly Rates identified are for Non-Prevailing Wage project inspection. Hourly Rates for Prevailing Wage project inspection will be $157.00 for regular time; $198.00 for overtime on Mondays through Saturdays; and $248.00 for overtime on Sundays and Holidays. Prevailing Wage rates are subject to increases pursuant to the State of California’s Department of Industrial Wage Rate Determinations. ITEM NO: 1b DATE: February 13, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 06-2023 - A RESOLUTION AMENDING THE FISCAL YEAR 2023 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE RE-APPROPRIATION AND RE-ENCUMBRANCE OF 2022 FISCAL YEAR ENCUMBERED FUNDS IN THE AMOUNT OF $18,424,962.79 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Deputy City Manager City Manager ISSUE: There are 60 open purchase orders from the 2022 budget that will be carried over to the 2023 budget. Each purchase order is associated with a specific project that was not fully completed in the 2022 fiscal year. The funds which were encumbered for these purchase orders were transferred to the unreserved fund balance of the relevant fund when the purchase orders were closed. To continue or close out these projects in 2023, a supplemental budget appropriation in the amount of $18,424,962.79 is necessary to allow transfer of these funds into specific budget line items in the 2023 Budget. PRIOR ACTION: None FINANCIAL IMPACT: A supplemental budget appropriation is requested in the amount of $18,424,962.79. When the purchase orders were closed on December 31, 2022, the funds encumbered for those purchase orders are transferred to the unreserved fund balance in each of the funds listed below. Therefore, there are adequate funds in the various unreserved fund balances to meet this request and there will not be a net negative effect to the Council Action Form – Purchase Order Carryovers February 13, 2023 Page 2 unreserved fund balances. A detailed list of open purchase orders for 2022 is attached. The funds will be distributed as follows: General Fund $ 1,859,727.57 Public Art Fund $ 111,000.00 Capital Investment Program Fund (CIP) $ 6,196,087.42 Open Space Fund $ 638,548.61 Renewal Wheat Ridge Bond Projects $ 9,531,176.69 Conservation Trust Fund $ 88,422.50 Total: $18,424,962.79 BACKGROUND: Per the direction of City Council in 2005, the City utilizes generally accepted accounting principles (GAAP) which requires all encumbrances expire at year-end. The Open PO Report (attachment 2) provides the reason for the purchase order to be carried over into 2023. The City experienced three particular challenges in 2022 that are worth noting here: the City experienced delays in receiving vehicles and equipment due to global supply chain issues; the cyber incident that impacted the City beginning August 29, 2022 delayed some projects; and staff turnover and vacancies delayed some projects. RECOMMENDATIONS: Staff recommends approval of the supplemental budget appropriation. RECOMMENDED MOTION: “I move to approve Resolution No. 06-2023, a resolution amending the Fiscal Year 2023 Budget to reflect the approval of a supplemental budget appropriation for the re-appropriation and re-encumbrance of the 2022 fiscal year encumbered funds in the amount of $18,424,962.79.” Or, “I move to postpone indefinitely Resolution No. 06-2023, a resolution amending the Fiscal Year 2023 Budget to reflect the approval of a supplemental budget appropriation for the re-appropriation and re- encumbrance of the 2022 fiscal year encumbered funds in the amount of $18,424,962.79 for the following reason(s) _______________________________.” REPORT PREPARED AND REVIEWED BY: Whitney Mugford-Smith, Procurement Manager Allison Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 06-2023 2. Open Purchase Order Report for 2022 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 06 Series of 2023 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2023 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE RE-APPROPRIATION AND RE-ENCUMBRANCE OF 2022 FISCAL YEAR ENCUMBERED FUNDS IN THE AMOUNT OF $18,424,962.79 WHEREAS, the City’s independent auditor has recommended that the City utilize generally accepted accounting principles (GAAP) for its budgeting basis which requires all encumbrances to expire at year end; and WHEREAS, 60 purchase orders remained open on December 31, 2022; and WHEREAS, to continue these projects in 2023 a supplemental budget appropriation is necessary to transfer the funds from unreserved fund balances to specific 2023 budget line items. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The City of Wheat Ridge fiscal year 2023 Budget be amended accordingly, specifically transferring a total of $18,424,962.79 from the following unreserved fund balances to specific 2023 Budget line items as detailed in the attached spreadsheets: General Fund $ 1,859,727.57 Public Art Fund $ 111,000.00 Capital Investment Program Fund (CIP) $ 6,196,087.42 Open Space Fund $ 638,548.61 Renewal Wheat Ridge Bond Fund $ 9,531,176.69 Conservation Trust Fund $ 88,422.50 Total: $18,424,962.79 DONE AND RESOLVED this 13th day of February 2023. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 Fund / Vendor Description Original $Open Amount Reason for Carryover 01 - General Fund Family Tree Inc. ARPA - Extended Stay Guest Support 500,000.00$ 371,489.96$ This is an ongoing project Economic & Planning Systems Ward and I-70 Economic Analysis 25,140.00$ 3,913.75$ This work is ongoing and nearing completion Annette Wood Graphics Videography Services - Ten videos 20,000.00$ 19,825.00$ Work is ongoing in an effort to satisfy council's strategic priority Various Vendors AV Upgrades to Council Chambers 20,000.00$ 20,000.00$ Work was delayed due to cyber attack and is in process of being awarded Berry Dunn McNeil Parker ERP Consultant Services 90,400.00$ 8,600.00$ The ERP has been solicited and is nearing the contract negotiation phase GOVOS Inc.Short term rentals software implementation 10,500.00$ 2,625.00$ PO funds services through March '23 Zivaro Inc. Veeam Backup for Office365 11,844.00$ 3,600.00$ The work is nearly complete as part of the City's restoration effort- post Cyber Incident 24-7 Networks Inc.Core Switches and Professional Services 165,047.27$ 159,812.53$ Equipment has been ordered but not yet receivedSHI International Corp APC Smart UPS 11,893.54$ 11,893.54$ Equipment has been ordered but not yet receivedCDW-Government LLC Lenovo ThinkCentre 14,760.80$ 14,760.80$ Equipment has been ordered but not yet received MEI Total Elevator Solutions General Elevator Maintenance 4,783.98$ 1,646.08$ Awaiting final invoice for 2022 Stantec Architecture Inc.Facilities Master Plan 191,008.19$ 191,008.19$ Work is continuing in 2023 Mountain Top Mechanical HVAC Replacement Anderson Pool 21,424.00$ 21,424.00$ Original contractor backed out last minute, new contractor secured- schedule is pending Various Vendors PNSB Occupancy 32,463.34$ 32,453.64$ Additional work needed to complete the move-inMoore Iacofano Goltsman 44th Ave. Subarea plan 175,000.00$ 57,268.86$ Work is ongoing czb, LLC Affordable Housing Strategy 129,000.00$ 6,450.00$ Project is complete. Final payment to be made. Flatirons, Inc. Plat and Right of Way Acquisition 17,500.00$ 16,050.00$ Work is ongoing Saltlake Wholesale Ammunition 54,593.26$ 37,599.70$ Due to supply chain constraints, deliveries have been delayed Sill-Terhar Motors Replacement Vehicles for Fleet 337,810.00$ 337,810.00$ Due to supply chain constraints in the Vehicle Industry, no vehicles were received in 2022 and all are slated to deliver in 2023. McCandless International Replacement Vehicles for Fleet 147,794.00$ 147,794.00$ Due to supply chain constraints in the Vehicle Industry, no vehicles were received in 2022 and all are slated to deliver in 2023. Daniels Long Automotive Replacement Vehicles for Fleet 26,057.00$ 26,057.00$ Due to supply chain constraints in the Vehicle Industry, no vehicles were received in 2022 and all are slated to deliver in 2023. Phil Long Ford Replacement Vehicles for Fleet 65,117.30$ 65,117.30$ Due to supply chain constraints in the Vehicle Industry, no vehicles were received in 2022 and all are slated to deliver in 2023. Auto Truck Group Replacement Vehicles for Fleet 158,374.00$ 158,374.00$ Due to supply chain constraints in the Vehicle Industry, no vehicles were received in 2022 and all are slated to deliver in 2023. AV Tech Electronics PD Vehicle upfits 146,000.00$ 47,508.59$ Due to supply chain issues, vehicles were not available to be upfit Artworks Unlimited Vehicle decals and signage 18,500.00$ 11,100.00$ Due to supply chain issues, vehicles were not available to receive decals, etc. AM Signal Replacement of 4 Radar Signals 19,356.00$ 19,356.00$ All four signals have been ordered, we are awaiting delivery Theresquared Public Art 13,458.35$ 791.63$ Project is nearing completionMundusBishop5-Year Strategic Plan for Parks and Recreation 9,990.00$ 6,690.00$ Work is ongoing Various Vendors Tree Grant Program 10,200.00$ 10,200.00$ Work was delayed due to weather and personnel changes, 4 possible vendors have been awarded Formworks Phase 2 A&E for the Sod House 28,258.00$ 23,938.00$ Work was delayed due to personnel changes Employers Council Compensation Consulting Services for 2022 24,570.00$ 24,570.00$ Awaiting final invoice for 2022 01 - General Fund Total 1,859,727.57$ 12 - Public Art Fund Aethyrworks, LLC Public Art at Clear Creek Crossing 185,000.00$ 111,000.00$ Work is ongoing 12 - Public Art Fund 111,000.00$ ATTACHMENT 2 Fund / Vendor Description Original $Open Amount Reason for Carryover Various Vendors Clear Creek Drainage Plan 25,000.00$ 25,000.00$ Work was delayed due to personnel changes within Public Works AECOM Technical Services Restarting work on the Gold Line Streets Project 10,590.00$ 6,777.37$ Work was put on hold and is nearing completion Short Elliott Hendrickson Restarting work on the Gold Line Streets Project 188,324.32$ 62,913.65$ Work was put on hold and is nearing completion AECOM Technical Services Wadsworth Improvement Project A&E Services 937,445.43$ 117,862.70$ This work is ongoing HDR Engineering Inc.Wadsworth Improvement Project ROW Svcs 378,651.64$ 62,976.33$ This work is ongoing Concrete Works of Colorado Wadsworth Improvement Project Construction Work 23,596,991.01$ 5,502,911.93$ This work is ongoing Murray, Dahl, Beery, & R Wadsworth Improvement Project Legal Services 80,494.35$ 46,668.66$ This work is ongoing EST, Inc. Bridge Rehab 21,000.00$ 14,588.00$ This work is ongoing RoadSafe Lane Striping Maintenance 276,654.00$ 126,969.55$ Work is ongoing Hallmark, Inc. Streets Maintenance 116,309.05$ 90,269.10$ Work was delayed due to inclement weather in late 2022Various Vendors Neighborhood Traffic Management Project 84,023.00$ 84,023.00$ This work is ongoing Dunakilly Management Group City Hall Court and Council Chambers design update 7,920.00$ 5,775.00$ This work was delayed and is back on track Various Vendors City Hall Court and Council Chambers construction 49,352.13$ 49,352.13$ Work was delayed due to personnel changes within Public Works 6,196,087.42$ 32 - Open Space FundWestern States Reclamation Clear Creek Trail Replacement and Maintenance 400,000.00$ 220,500.92$ Work is ongoingLogan Simpson Design Open Space Management Plan 99,941.00$ 47,880.79$ Work is ongoingArchiterra Group The Green at 38th Final Design and Construction 1,235,014.00$ 370,166.90$ Work is ongoing 638,548.61$ EST, Inc. Youngfield Street Design over Clear Creek 67,000.00$ 45,391.00$ Design work is in-progress with final expected early to mid-2023David Evans and Associates Youngfield Gateway Improvements 701,906.00$ 668,778.60$ Work is expected to complete by mid-2023David Evans and Associates 32nd Ave Multimodal Improvements 161,158.00$ 153,041.50$ Design work is in-progress with final expected early to mid-2023Felsburg Holt & Ullevig Engineering Services for 38th & Kipling 34,256.00$ 20,162.25$ Work is in progress with final design expected early 2023Various Vendors 38th and Kipling Construction 965,744.00$ 965,744.00$ Work is scheduled to begin mid-2023HDR Engineering Right of Way Services for the Ward TOD Project 116,710.31$ 87,671.86$ Project work is ongoing Short Elliott Hendrickson Design Services for the Ward TOD Project 592,858.94$ 277,200.74$ Project work is ongoing GoodLand Construction 52nd Avenue Improvement 7,313,186.74$ 7,313,186.74$ Work is scheduled to begin early 2023 9,531,176.69$ Farrington construction Management Prospect Park Renovation 199,999.83$ 59,704.25$ Work was not completed on time and is scheduled to be complete Spring 2023 Long Building Technology PVI Domestic Water Heater Replacement at Rec Center 85,553.00$ 21,388.25$ Work was delayed due to personnel changes within Parks and Public WorksGame Time Playground Replacement at Apelbacher Park 59,812.92$ 3,385.00$ Final invoice was delayed due to issues on the vendor sideGame Time Playground Replacement at Creekside Park 76,218.93$ 3,945.00$ Final invoice was delayed due to issues on the vendor side 88,422.50$ 18,424,962.79$ 40 - Renewal Wheat Ridge Bond Projects 2022 Open Purchase Orders Total 30 - Capital Project Fund 30 - Capital Project Fund Total 32 - Open Space Fund Total 40 - Renewal Wheat Ridge Bond Projects 54 - Conservation Trust Fund 54 - Conservation Trust Fund Total ITEM NO: 1c DATE: February 13, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO CANCEL THE MARCH 27, 2023, REGULAR MEETING OF THE WHEAT RIDGE CITY COUNCIL PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ City Manager ISSUE: Four members of City Council, the City Manager, and Deputy City Manager will be attending the National League of Cities Congressional Conference in Washington, D.C. from March 25th to March 29th. It is recommended that City Council cancel the March 27th regular meeting. FINANCIAL IMPACT: None RECOMMENDATIONS: Staff recommends canceling the regular meeting scheduled for March 27, 2023. RECOMMENDED MOTION: “I move to cancel the March 27, 2023, regular meeting of the Wheat Ridge City Council.” Or, “I move to not cancel the March 27, 2023, regular meeting of the Wheat Ridge City Council for the following reason(s)__________________________________________.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager ITEM NO: 2 DATE: February 13, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: A MOTION APPROVING THE REVISED COUNCIL RULES OF ORDER AND PROCEDURE DATED FEBRUARY 13, 2023 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: The Charter of the City of Wheat Ridge provides that the Council may determine its own rules of procedure for meetings. Section B of Suspension and Amendment of these Rules states “These Rules may be amended, or new Rules adopted by a majority vote of City Council Members present at a Regular or Special Meeting, provided that the proposed amendments or new Rules shall have been submitted in writing to City Council at a preceding meeting or a Study Session. Any City Council Member, or the Mayor, may initiate an amendment of these Rules in the manner provided for initiation of Agenda Items by Rule V.D. These Rules shall be reviewed and revised by the City Council as needed and as provided for herein.” PRIOR ACTION: Council Rules of Order and Procedure were last amended in 2021. Proposed amendments were reviewed at the February 6, 2023 study session. SUMMARY: Attached is a redline version of the Council Rules of Order and Procedure resulting from the February 6, 2023 study session at which numerous sections of the Rules were discussed and recommended for change. The changes which received a consensus from City Council have been Council Action Form - Council Rules of Order and Procedure February 13, 2023 Page 2 incorporated into the attached revised Council Rules of Order and Procedure. The following amendments are included: Cover Page – date of revision changed to February 13, 2023 Section II.A.4.e – Written comments provided to the Council in any of the online tools provided by the City, or in hard copy, are permitted on any agenda or non-agenda item and should be given to the City Clerk for distribution to the Council members and inclusion in the record. It is the expectation that Council members will read these comments before the respective meeting. The reading of written comments into the record is not permitted unless a member of the public representing the author is present to read them into the record at the written request of the author. A Council Member or the City Clerk may read written comments into the record with the approval of the majority of the Council present. Any such individual reading is limited to three (3) minutes on non-agenda items. Section IV.A.2. - Regular Meetings are held the second (2nd) and fourth (4th) Monday of each month at 7:00 6:30 PM unless otherwise provided by amendment of these Rules. Section IV.A.5. - Council members are expected to attend Council meetings in person. In the event of illness, weather, or other necessity, council members may attend virtually by telephone or through the Zoom or other remote attendance platforms provided by the City, as a last resort RECOMMENDATION: Staff recommends approval of the revised Council Rules of Order and Procedure. RECOMMENDED MOTION: “I move to approve the revised Council Rules of Order and Procedure dated February 13, 2023 Or, “I move to deny the approval of the revised Council Rules of Order and Procedure dated February 13, 2023, for the following reason(s) _______________________________.” REPORT PREPARED BY; Patrick Goff, City Manager ATTACHMENTS: 1. Draft Rules dated February 13, 2023 – REDLINE RULES OF ORDER AND PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE COLORADO Revised: June 14, 2021February 13, 2023 ATTACHMENT 1 -2- TABLE OF CONTENTS I. AUTHORITY 3 II. PUBLIC’S RIGHT TO SPEAK 3 III. CHAIR, MAYOR PRO TEM, CITY CLERK, CITY ATTORNEY, PARLIAMENTARIAN AND THEIR DUTIES AT MEETINGS 5 CHAIR………………………………………………………………………………………………………………5 MAYOR PRO TEM .............................................................................. 5 CITY CLERK..................................................................................... 6 CITY ATTORNEY ............................................................................... 6 PARLIAMENTARIAN AND RULES OF ORDER........................................... 6 IV. COUNCIL MEETINGS AND MEETING PROCEDURES 6 TYPES OF MEETINGS ........................................................................ 6 STUDY SESSIONS ............................................................................ 7 ADJOURNED MEETINGS .................................................................... 7 EXECUTIVE SESSIONS ...................................................................... 7 MEETING NOTICES AND REQUIREMENTS ............................................. 8 ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL GATHERINGS .................................................................................. 8 ABSENCES ...................................................................................... 9 RIGHT OF THE FLOOR ....................................................................... 9 ELECTED OFFICIALS’ MATTERS .......................................................... 9 V. ORDER OF BUSINESS AND THE AGENDA 9 SCOPE OF RULE ............................................................................... 9 ORDER OF BUSINESS…………………………………………………………………………………….9 AGENDA PREPARATION AND INITIATION OF AGENDA ITEMS……………………10 INITIATING AND ADDING AGENDA ITEMS ........................................... 11 PUBLIC HEARINGS .......................................................................... 12 ORDINANCES ON FIRST READING ..................................................... 12 TIME OF ADJOURNMENT................................................................... 12 VI. RECONSIDERATION 13 VII. SUSPENSION AND AMENDMENT OF THESE RULES 13 SUSPENSION.................................................................................. 13 AMENDMENT .................................................................................. 14 -3- RULES OF ORDER AND PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO I. AUTHORITY Sections 4.7 and 5.1 of the Home Rule Charter of the City of Wheat Ridge authorize the City Council to determine its own rules of order and procedure for meetings. The following Rules shall be in effect upon their adoption by the Council until such time as they are amended or new Rules adopted in the manner provided by these Rules. II. PUBLIC’S RIGHT TO SPEAK A. PUBLIC’S RIGHT TO SPEAK 1. Public’s right to speak at meetings of the City Council is of primary importance. This Rule describes those rights and the manner in which they are exercised. 2. Public’s right to speak at Regular, Adjourned and Special Council Meetings a) For non-agenda items: a member of the public may speak once per meeting for a maximum of three (3) minutes on any item not on the agenda. Up to two (2) members of the public present and signed up to speak may donate their time to the speaker for a maximum of nine (9) minutes. b) For non-agenda items: a member of the public requiring translation services may speak once per meeting for a maximum of six (6) minutes. c) For agenda items: a member of the public may speak once for each agenda item, for any length of time unless time is limited by the chair at the beginning of the item. 3. Public’s right to speak at Study Sessions: a) A member of the public may speak once per agenda item for a maximum of three (3) minutes. Up to two (2) members of the public present and signed up to speak may donate their time to the speaker for a maximum of nine (9) minutes. -4- b) A member of the public requiring translation services may speak once per agenda item for a maximum of six (6) minutes. c) Public comments will be heard at the beginning of the Study Session, unless the Study Session is combined with a Regular, Special or Adjourned Council meeting, in which case the comments may be taken at the beginning of that meeting. 4. General Restrictions on Public’s Right to Speak a) There is no limit on the number of persons who may speak. b) Content of Public Comments are not censored, other than threatening language, which is not permitted. c) Speakers should limit their comments to the relevant topic or agenda item. d) Speakers are requested to sign the appropriate roster in the Council Chambers and will be called in order. e) Written comments provided to the Council in any of the online tools provided by the City, or in hard copy, are permitted on any agenda or non-agenda item and should be given to the City Clerk for distribution to the Council members and inclusion in the record. It is the expectation that Council members will read these comments before the respective meeting. The reading of written comments into the record is not permitted unless a member of the public representing the author is present to read them into the record at the written request of the author. A Council Member or the City Clerk may read written comments into the record with the approval of the majority of the Council present. Any such individual reading is limited to three (3) minutes on non-agenda items. f) Speakers may provide other documents, photos, etc. to the Council by giving them to the City Clerk. g) The City Clerk, or his or her designee, is the designated timekeeper for all time-limited comments. h) Councilmembers and the Mayor have the choice of whether or not to respond to members of the public after the completion of Public’s Right To Speak. -5- III. CHAIR, MAYOR PRO TEM, CITY CLERK, CITY ATTORNEY, PARLIAMENTARIAN AND THEIR DUTIES AT MEETINGS A. CHAIR 1. The Mayor shall preside over the meetings of the City Council as the Chair. 2. In the absence of the Mayor, the Mayor Pro Tem shall preside as the Chair. 3. The Chair shall preserve order and decorum, prevent personal attacks or the impugning of member’s motives, confine members in debate to questions under discussion, be responsible for conducting meetings in an orderly manner, assure that the minority opinion may be expressed and that the majority be allowed to rule. B. MAYOR PRO TEM 1. At the first or second Regular meeting in November of each year, the Council shall elect a Mayor Pro Tem who shall serve until their successor is elected. The procedure shall be as follows: a) The Chair will announce that the floor is open for nominations for the position of Mayor Pro Tem. b) Nominations will be taken from City Council members by voice. No second is needed. c) Each nominee will have the opportunity to address the Council. d) A motion and second is then in order to elect one of the nominees to the position of Mayor Pro Tem. If the motion is not carried, additional motions are in order until a Mayor Pro Tem is elected by a majority of Council present. 2. If presiding as the meeting Chair, the Mayor Pro Tem shall have the voting privileges of a regular Council Member. 3. The Mayor Pro Tem’s duties shall include reviewing and setting the Agenda prior to Council Meetings and adding emergency items for discussion if necessary. The Mayor Pro Tem shall have the authority to remove any item from the Agenda of any Regular Meeting or Study Session, before publication, with the exception of: a) An item placed on the Agenda by two (2) Council Members or by the Mayor and one (1) Council Member prior to the meeting pursuant to Rule V.D.1; or -6- b) An item added by the Council by majority vote of Council present during any meeting pursuant to Rule V.C.6. 4. The Mayor Pro Tem shall arrange for and coordinate the orientation of all newly elected officials, including a review of these Rules, within two (2) months after the election. C. CITY CLERK The City Clerk, or designated representative, shall attend all meetings of Council and shall keep the official minutes. D. CITY ATTORNEY The City Attorney or acting City Attorney shall attend all meetings of the Council unless excused by the City Council and shall, upon request, give an opinion, either written or oral, on the question of law. E. PARLIAMENTARIAN AND RULES OF ORDER 1. The Mayor Pro Tem shall also function as the Council Parliamentarian, and may call upon the City Attorney for a recommendation on procedure, if desired. 2. The Parliamentarian shall advise the Chair and members of Council on parliamentary rules. 3. The current edition of Robert’s Rules of Order, newly revised, shall advise the Parliamentarian regarding questions of order and procedure in all cases to which they are applicable and in which they are not inconsistent with these Rules, the Wheat Ridge Home Rule Charter, the Wheat Ridge Code of Laws or other laws governing the City. 4. In cases where the current edition of Robert’s Rules of Order, newly revised, are inconsistent with these Rules of Order and Procedure, these Rules of Order and Procedure control. 5. The Mayor (or the Mayor Pro Tem, if presiding), shall be the final authority on all points of order or procedure, subject to override upon a three-fourths (3/4) majority vote of the entire Council. IV. COUNCIL MEETINGS AND MEETING PROCEDURES A. TYPES OF MEETINGS 1. The Council meets for Regular, Adjourned, and Special Meetings and Regular and Special Study Sessions. -7- 2. Regular Meetings are held the second (2nd) and fourth (4th) Monday of each month at 7:006:30 PM unless otherwise provided by amendment of these Rules. 3. Study Sessions are held the first (1st) and third (3rd) Monday of each month at 6:30 PM, unless otherwise provided by the Mayor Pro Tem. 4. The Mayor Pro Tem may schedule additional Study Sessions to take place at any other day and time. 5. Council members are expected to attend Council meetings in person. In the event of illness, weather, or other necessity, council members may attend virtually by telephone or through the Zoom or other remote attendance platforms provided by the City, as a last resort. B. STUDY SESSIONS 1. Study Sessions shall be for the purpose of discussing concepts and ideas. No formal business shall be conducted. Consensus votes during all Study Sessions are non-binding, with exception of consensus votes to schedule or decline to schedule a matter for consideration at a Regular or Special Meeting, which may, however, be reconsidered after six (6) months as permitted by Rule V.D.3. Until an issue is disposed of at a Regular, Adjourned, or Special Meeting, it may be amended or reconsidered in that or any future Study Session. 2. Public Comment will be allowed at the beginning of a Study Session as provided by Rule II.A.3. C. ADJOURNED MEETINGS Any Meeting of the Council may be adjourned, by a majority vote of council members present or the chair, to a later date and time, provided that no adjournment shall be for a period longer than the next Regular Meeting. D. EXECUTIVE SESSIONS 1. The Council may meet in Executive Session on a vote of a majority of City Council members present in a Regular or Special Meeting (Charter Section 5.7). 2. No notes may be taken during an Executive Session except by the City Clerk and/or City Attorney. 3. If, at any time during the Executive Session, a Council Member feels that a matter is being discussed other than that stated as the purpose of the Executive Session, that member should so state and may request that the Executive Session be terminated. If a consensus of City Council Members present agree, the session shall be terminated -8- or the discussion shall be returned to the stated purpose of the Executive Session. 4. All requirements of the Colorado Open Meetings Law shall be followed. E. MEETING NOTICES AND REQUIREMENTS 1. Meetings involving no more than two (2) Council Members, whether in person, by telephone or other electronic medium and whether or not the Mayor also attends, shall not be subject to any of the requirements of this Rule. 2. Meetings of any three (3) or four (4) Council Members must be open to the public, but no advance notice is required. 3. All meetings of five (5) or more Council Members must be preceded by public notice of the meeting posted at least 72 hours prior to the meeting, with the exception of Special Meetings and emergency Special Meetings, pursuant to Charter Section 5.2, on the City website and the locations designated by resolution of the Council, listing the topic of the meeting, its location, time, and date. Copies of the notice shall be given to all City Council Members and the City Clerk at least 72 hours before the meeting. a) The City Clerk is responsible for the posting of the meeting pursuant to the Charter and Code. b) There is no responsibility to post notices of meetings of other bodies and groups, whether or not members of the Council are expected to attend. 4. Public meetings arranged by the City for members of the public, such as open houses and public input meetings, are not meetings of the City Council. F. ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL GATHERINGS 1. The purpose for this rule is to permit the City to be represented by its elected officials at meetings of other groups or organizations, including, without limitation, intergovernmental organizations, neighborhood organizations, business and service organizations, and other organizations or groups with which the City has a relationship. 2. Any member of Council and the Mayor may attend meetings of other groups without prior notice, provided however, that any such meeting, if attended by three (3) or more members of the Council, is open to the public, pursuant to Section 24-6-401, et seq., C.R.S. -9- 3. Social gatherings, at which the discussion of public business is not the central purpose, shall not be subject to any of the requirements of Rule IV.E. G. ABSENCES In the event that a Council Member expects to be absent from a Regular, Special or Adjourned Meeting or Study Session, the Member shall notify the City Clerk, and the City Clerk will duly notify the City Council at the beginning of the meeting. H. RIGHT OF THE FLOOR 1. The chair must first recognize each Council Member requesting to speak unless limited by a motion to limit debate or for calling the question. (applicable also to Study Sessions) 2. Speakers shall confine themselves to the question under discussion. All discussion must be germane to the Agenda Item. (applicable also to Study Sessions) 3. Members of Council shall avoid personal attacks and refrain from impugning the motives of any member’s argument or vote. (applicable also to Study Sessions) 4. Once a vote, or in the case of a Study Session a Consensus, has been taken, there shall be no further discussion on that motion or Agenda Item unless a motion to reconsider is adopted. I. ELECTED OFFICIALS’ MATTERS This is the time elected officials may make comments on any subject. Time limit per elected official will be five (5) minutes. V. ORDER OF BUSINESS AND THE AGENDA A. SCOPE OF RULE: This Rule V shall apply only to Regular, Special and Adjourned Meetings, and not to Study Sessions, unless specifically noted. B. ORDER OF BUSINESS The general rule as to the Order of Business in Regular Meetings: • CALL TO ORDER • PLEDGE OF ALLEGIANCE • ROLL CALL • APPROVAL OF MINUTES • APPROVAL OF AGENDA -10- • PROCLAMATIONS AND CEREMONIES • PUBLIC’S RIGHT TO SPEAK • CONSENT AGENDA • PUBLIC HEARINGS, ORDINANCES ON SECOND READING • ORDINANCES ON FIRST READING • DECISIONS, RESOLUTIONS AND MOTIONS • CITY MANAGER’S MATTERS • CITY ATTORNEY’S MATTERS • ELECTED OFFICIALS’ MATTERS • ADJOURNMENT C. AGENDA PREPARATION AND INITIATION OF AGENDA ITEMS 1. The Order of Business of each meeting shall be as contained in the Agenda prepared by the Mayor Pro Tem following the Order of Business provided in this Rule. 2. By majority vote of the City Council during any City Council meeting the order of business for that meeting may be changed. The City Manager and City Attorney may also propose to add or delete items to the Agenda of such meetings under “Approval of Agenda,” subject to approval by a majority of the Council members present. 3. The Agenda shall be distributed to the members of City Council and the public by 5:00 PM on the Thursday prior to the Monday of the Regular Meeting. 4. The City Clerk’s Office shall be notified of the Agenda by noon on the Wednesday preceding the Monday on which the City Council meets. All backup material and documents required for the Agenda shall be filed with the Clerk’s office by 5:00 PM on that day in order to be included in the City Council packet. 5. A majority of City Council Members present at a meeting is required to direct the City Attorney or staff to draft an ordinance to be included on the Agenda. 6. A majority vote of City Council Members present may add, change the order of, or delete an item from, the Agenda under “Approval of Agenda.” In Regular Meetings, this must be done before Public Hearings and Ordinances on Second Readings. 7. The first option of introducing Agenda Items shall go to a representative of the City Council District to which the Agenda Item pertains or to the City Council Member who initiated the item. Council Agenda Items not specific to a City Council District may be introduced by any member requesting such privilege from the Chair in advance of the meeting. The Mayor shall assign Agenda Item introductions and -11- notify each City Council Member and the City Clerk prior to each City Council meeting. 8. Fiscal Notes. On any Agenda item containing a fiscal impact on the City’s budget, the City Manager shall prepare a brief explanatory note that shall include a reliable estimate of any anticipated change in the expenditures or revenues to the City and whether such expenditures or revenues shall be recurring in nature during future budgets years. This shall include any principal and interest payments required to finance expenditures. 9. City Council may not approve an appropriation under City Manager’s Matters, City Attorney’s Matters, or Elected Officials’ Matters. D. INITIATING AND ADDING AGENDA ITEMS 1. City Council Members or the Mayor may each originate an Agenda Item with the approval of one other City Council Member. Each City Council Member and the Mayor shall be allowed to originate only two (2) items per month to be added to the Agenda of a Regular Meeting or a Study Session, subject to the scheduling authority of the Mayor Pro Tem under Rule III.B.3. It is the intent of this Rule that no more than two (2) agenda items may be initiated by the Mayor or any City Council Member during any single month. 2. It is the responsibility of the originating City Council Member to provide backup material for the City Council packet as to the subject or arrange for that backup material to be prepared. No item may be included in the Agenda without proper backup. 3. Other than by reconsideration pursuant to Rule VI, once an item has been decided by a formal City Council vote at any Regular, Special or Adjourned Meeting or by a binding consensus vote at any Study Session under Rule IV.B.1, it is not eligible to be added to a future Agenda for six (6) months. 4. Motions made by City Council Members which are not in the City Council packet should be submitted to the City Clerk and the Mayor in writing during the City Council Meeting so they may be accurately voted upon and included in the minutes. 5. During a Regular Meeting, under the City Manager’s Matters, the City Attorney’s Matters or the Elected Official’s Matters portion of the Agenda, or at a Study Session, the Mayor, a City Council Member, the City Manager, or the City Attorney may request that a motion be made to add an item to a future Agenda for consideration, subject to approval by the City Council by a majority vote of Council present (for addition to a Regular Meeting Agenda) or a consensus vote (for additions to a Study Session Agenda). -12- 6. The City Manager may add administrative and operational items to the agenda during “Approval of Agenda.” E. PUBLIC HEARINGS 1. All speakers are requested to sign up on the appropriate roster, indicating whether they intend to speak to a particular Agenda Item. There is no time limit on individual public testimony, provided, however, that the chair may impose a limit on individual speakers’ time in consideration of the number of speakers signed up on the hearing item and the available time for the hearing The City Council shall not entertain a motion for the final disposition of the matter until the City staff and applicant have made their presentations, if any, the public has been able to speak on the matter, the City staff and the applicant have been given the opportunity to clarify any issues raised, and the public hearing has been closed, provided that motions regarding the conduct, scheduling or continuation of the public hearing shall be proper at any time. 2. Hearings which are labeled as “Quasi-Judicial” matters on the Request for Council Action in the meeting packet: a) Councilmembers shall refrain from communicating with each other, the applicant, or the public prior to the hearing. b) Written material and e-mails received prior to the hearing shall be forwarded to staff for inclusion in the hearing record. c) The chair shall swear in all witnesses, affirming their intention to tell the truth F. ORDINANCES ON FIRST READING 1. It is the goal and desire of City Council to allow all interested parties to provide input during the Public Hearing/Second Reading on all proposed ordinances. A full, complete, and open discussion of all proposed ordinances is encouraged during the Public Hearing/Second Reading. 2. Therefore, public comment and staff presentations will occur only during the Public Hearing/Second Reading. First Reading will be for the purposes of setting proposed ordinances for publication, and establishing a date for the Public Hearing/Second Reading. G. TIME OF ADJOURNMENT 1. At 11:00 PM, the City Council shall complete action on the Agenda Item then under discussion and shall adjourn the meeting. -13- 2. Prior to such adjournment, the City Council may take any of the following actions: a) Acting by three-fourths (¾) majority vote of the City Council Members present, complete all or portions of the remaining Agenda. b) Acting by a majority vote of the City Council Members present, schedule any unfinished items for a future Regular or Special Council Meeting. c) Acting by majority vote of the City Council Members present, continue the meeting to a later date and time certain. VI. RECONSIDERATION 1. A motion to reconsider may be made only by a City Council Member originally voting with the prevailing side. 2. Such motion to reconsider shall be made only at that or the next scheduled Regular Meeting. A continued or rescheduled meeting shall be considered a next scheduled Regular Meeting for the purpose of such motion to reconsider. If not reconsidered at that time, the issue may not be placed on any agenda for six (6) months. 3. A motion to reconsider shall require an affirmative vote of a majority of the entire City Council. 4. A City Council Member who was absent from the meeting at which the item was discussed may vote on the substantive matter following a successful motion to reconsider provided that City Council Member affirms, on the record, that he or she has listened to the recording of that Agenda Item. VII. SUSPENSION AND AMENDMENT OF THESE RULES A. SUSPENSION Any provision of these Rules not governed by the Home Rule Charter or Code of Laws may be temporarily suspended by a three-fourths (3/4) majority vote of the City Council Members present. -14- B. AMENDMENT These Rules may be amended, or new Rules adopted by a majority vote of City Council Members present at a Regular or Special Meeting, provided that the proposed amendments or new Rules shall have been submitted in writing to City Council at a preceding meeting or a Study Session. Any City Council Member, or the Mayor, may initiate an amendment of these Rules in the manner provided for initiation of Agenda Items by Rule V.D. These Rules shall be reviewed and revised by the City Council as needed and as provided for herein. ITEM NO: 3 DATE: February 13, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE INSTALLATION OF A TRAFFIC CALMING DEVICE ON LAMAR STREET BETWEEN 32ND AVENUE AND 33RD AVENUE IN ACCORDANCE WITH THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________________ ______________________________ Acting Community Development Director City Manager ISSUE: Residents on Lamar Street petitioned the City to address traffic issues on the street segment from 32nd Avenue to 33rd Avenue. In accordance with the City’s Neighborhood Traffic Management Program (NTMP), the City met with the residents at a neighborhood meeting and subsequently devised a plan to install a speed hump to mitigate the traffic issues. The residents then secured a petition with the necessary number of property-owner signatures supporting the installation of a speed hump in accordance with the NTMP policy and are hereby seeking approval for implementation. PRIOR ACTION: None FINANCIAL IMPACT: Funding for this program has been approved in the 2023 Capital Improvement Program Budget. The proposed street modifications can be installed at an estimated cost of $7,000. BACKGROUND: On April 28, 2014, City Council approved the NTMP to systematically address traffic issues on residential streets. The goal of the program is to foster safety and livability in neighborhoods by Council Action Form – NTMP Lamar Street February 13, 2023 Page 2 reducing the negative impact of vehicular traffic and speeding on residential streets. The policy intent is to clearly identify a problem, if one exists, and ensure full support from the affected residents in devising a plan through consensus to a solution(s). The NTMP provides a means and process for residents to request consideration for the installation of traffic calming measures on local streets. Traffic calming measures may include speed humps, curb extensions, signs, speed trailers and enforcement, and other traffic control measures as requested and as applicable. On March 24, 2021, Lamar Street residents filed a request to participate in the NTMP program. Upon receipt of the request, the City collected traffic data to determine speed, volume, and vehicle classification for the traffic on the segment. Initial traffic data was collected in November of 2021, and it did not indicate a speeding issue on the segment. The residents requested additional traffic data collection that was performed in June 2022. An 85th-percentile speed of 25.5 mph was observed on Lamar Street, which has a speed limit of 25 mph. Thus, the segment is eligible for speed mitigation since the 85th-percentile speed is above the speed limit. A meeting was conducted with the residents on July 19, 2022, to listen to resident concerns, present the traffic data and analysis, and to explore available solutions. Upon discussion of the traffic data at the neighborhood meeting, the residents elected to move forward with a permanent traffic calming solution. While the 85th-percentile speed is not significantly above the speed limit, it does meet the eligibility threshold of the current NTMP program, so traffic calming options were explored. Speed humps were determined to be the most effective solution. Staff identified one location for speed hump installation along the segment. This segment of Lamar Street is not part of an emergency route and is therefore eligible for speed humps in the roadway. In accordance with the NTMP, the City can order speed hump installation if at least 80% of residents on a designated street segment sign the petition, including the residents who reside immediately adjacent to the speed humps. Based on the results of the petition received by the City, the required number of signatures have been attained for the speed hump as referenced above. The NTMP policy requires Council approval of a proposed project. If approved, the project will quickly go to bid with construction anticipated in Spring 2023, assuming there are no significant weather delays. It should be noted that the NTMP program is currently on hiatus and not accepting new applications. Staff is evaluating the program, and an update and proposed redesign will be presented to Council in the second quarter of this year. This request on Lamar Street is among the last few pending applications which are wrapping up under the historical NTMP framework. RECOMMENDATIONS: Residents of Lamar Street, on the petition segment between 32nd Avenue and 33rd Avenue, have satisfied the process outlined in the NTMP policy and throughout the staff evaluation process. As a result, staff recommends moving forward with installation of a speed hump on Lamar Street as specifically requested by the residents. Council Action Form – NTMP Lamar Street February 13, 2023 Page 3 RECOMMENDED MOTION: “I move to approve installation of a traffic calming device on Lamar Street between 32nd Avenue and 33rd Avenue in accordance with the Neighborhood Traffic Management Program.” Or, “I move to deny approval of installation of a traffic calming device on Lamar Street between 32nd Avenue and 33rd Avenue in accordance with the Neighborhood Traffic Management Program (NTMP) for the following reason(s) ________________________________” REPORT PREPARED/REVIEWED BY: Steve Nguyen, Engineering Manager Jordan Jefferies, Civil Engineer Lauren Mikulak, Acting Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Proposed Speed Hump Location Map LAMAR ST - 32ND TO 33RD AVENUE FINAL SPEED HUMP LAYOUT OCTOBER 21, 2022 SCALE: 1:20 640532253235324532753295 6390 3280 3250 3240 3220 3210 6351 33 R D A V E N U E 32 N D A V E N U E LAMAR ST SIGN #1 - SPEED HUMP SIGN W/ 15MPH ADVISORY SPEED SIGN SIGN #1 - SPEED HUMP SIGN W/ 15MPH ADVISORY SPEED SIGN. MOUNT TO STREETLIGHT POLE OR IN DIRT AREA ADJACENT TO POLE. SPEED HUMP LOCATION ATTACHMENT 1