The City Of Federal Heights

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1 August 19, 2014

The City Of Federal Heights MISSION STATEMENT Our mission is to provide a high quality of life for the citizens of Federal Heights, while preserving a small city atmosphere, through responsible and

VISION STATEMENT The City of Federal Heights: -is comprised of distinct neighborhoods that are safe, secure, and have convenient access to services and amenities; -has a sustainable and growing

2 The City Of Federal Heights MISSION STATEMENT Our mission is to provide a high quality of life for the citizens of Federal Heights, while preserving a small city atmosphere, through responsible and effective stewardship of all resources, prudent economic development, enhancement of our current services, and participation in public, private, and regional partnerships. VISION STATEMENT The City of Federal Heights: -is comprised of distinct neighborhoods that are safe, secure, and have convenient access to services and amenities; -has a sustainable and growing economic base that fosters diverse employment and business opportunities; -offers a community-focused system of recreational, educational, and cultural activities for people of all ages and income levels; -capitalized upon its strategic location within the Denver metro area and adapts to a changing environment; and, -proudly enjoys a City government that is responsive and responsible to the needs of its citizens.

3 CITY OF FEDERAL HEIGHTS CITY COUNCIL MEETING AUGUST 19, :00 P.M. AGENDA CALL TO ORDER Pledge of Allegiance Roll Call Agenda Review Approval of Minutes August 5, 2014 Regular Meeting Approval of Accounts Payable August 6, 2014 August 19, Call to the Public 2. Resolution No A Resolution of the City Council of the City of Federal Heights, Colorado, Calling for a Special Election on November 4, 2014, to Submit to the Voters a Ballot Question of Should the City Council be Directed to Adopt an Ordinance Permitting, the Operation of Regulated Retail Marijuana Stores Within the City and Setting the Ballot Title Therefor 3. Resolution No A Resolution of the City Council of the City of Federal Heights, Colorado, Calling for a Special Election on November 4, 2014, to Submit a Ballot Question of Should the City Council be Directed to Adopt an Ordinance Permitting the Operation of Regulated Medical Marijuana Centers Within the City and Setting the Ballot Title Therefor 4. Resolution No A Resolution of the City Council of the City of Federal Heights, Colorado, Calling for a Special Election on November 4, 2014, to Submit to the Voters a Ballot Issue for the Imposition of a Sales Tax of up to 10 Percent Upon the Sale of Retail Marijuana, and Retail Marijuana Products, and Setting the Ballot Title Therefor 5. CDR - Citywide Storm Water Projects Award 6. CDR Citywide Asphalt Crack Seal and Patch Project Award 7. CDR 92 nd and Federal Engineering/Environmental Additional Services

4 8. Executive Session An executive session pursuant C.R.S (4)(I) for the purpose of a personnel matter regarding the evaluation of the city manager 9. Executive Session An executive session pursuant to C.R.S (4)(b) for the purpose of a conference with the city attorney to receive legal advice regarding the proposed settlement of City of Aurora et. al. v. Sheriff Douglas N. Darr et. al. 2014CV 30353, which concerns the Sheriffs limitations on the number of municipal prisoners housed in the Adams County jail 10. Resolution No A Resolution of the City Council of the City of Federal Heights, Colorado, Approving the Settlement Agreement in Adams County District Court Case Number 2014 CV , By and Among the Cities of Aurora; Commerce City; Federal Heights; Northglenn; and Thornton (the Cities ), and Douglas N. Darr, Adams County Sheriff, and the Adams County Board of County Commissioners 11. Questions and Comments from Municipal Officials a. Manager b. Attorney c. Staff d. Council e. Mayor 12. Public Comments 13. Adjournment

5 CITY OF FEDERAL HEIGHTS MEETING OF THE REDEVELOPMENT AGENCY AUGUST 19, 2014 IMMEDIATELY FOLLOWING THE MEETING OF THE CITY COUNCIL AGENDA CALL TO ORDER Roll Call Approval of Minutes August 5, 2014 Approval of Accounts Payable August 6, 2014 August 19, Call to the Public 2. Questions and Comments from Agency Officials a. Director b. Attorney c. Secretary d. Commissioners 3. Public Comments 4. Adjournment The City of Federal Heights is committed to ensuring that all of our services are accessible to those with disabilities. We encourage participation by all individuals. If you have a disability, advance notification of any special needs will help us better serve you. Please call to request any special service that you may require. A one (1) week advance notice to allow us to accommodate your request is appreciated.

6 CITY OF FEDERAL HEIGHTS CITY COUNCIL MEETING AUGUST 5, 2014 CALL TO ORDER The August 5, 2014 Council Meeting of the City of Federal Heights was called to order by Mayor Thomas at 7:00 p.m. PLEDGE OF ALLEGIANCE Those in attendance recited the Pledge of Allegiance. ROLL CALL Council Members in attendance were Daniel Dick, Ted May, Ken Murphy and Harold Thomas. Also present were Mayor Pro Tem Ishikawa, Mayor Joyce Thomas, City Manager Jacquie Halburnt, City Attorney Bill Hayashi and City Clerk Patti Lowell. It was announced that there was a quorum in attendance. MOTION was made by Council Member Murphy, seconded by Council Member May to excuse Council Member Dick Hutchinson s absence. Those voting aye were Council Members Dick, May, Murphy and Thomas and Mayor Pro Tem Ishikawa and Mayor Thomas. Motion carried. AGENDA REVIEW No changes were made to the agenda. APPROVAL OF MINUTES JULY 8, 2014 STUDY SESSION MINUTES, JULY 15, 2014 REGULAR MEETING MINUTES AND JULY 22, 2014 STUDY SESSION MINUTES MOTION was made by Council Member Murphy, seconded by Council Member Dick to approve the July 8, 2014 Study Session minutes, the July 15, 2014 Regular Meeting minutes and the July 22, 2014 Study Session minutes. Those voting aye were Council Members Dick, May, Murphy and Thomas and Mayor Pro Tem Ishikawa and Mayor Thomas. Motion carried. Minutes of the City Council Meeting August 5,

7 APPROVAL OF ACCOUNTS PAYABLE FOR JULY 16, 2014 THROUGH AUGUST 5, 2014 MOTION was made by Council Member Murphy, seconded by Council Member May to approve the Accounts Payable for July 16, 2014 through August 5, 2014 in the amounts of $43, in the General Fund, $3, in the Utility Fund, $3, in the Open Space Fund, $19, in the Road Improvement Fund, $ in the Capital Improvements Fund, $431, in Manual Checks, for a total of $501, Those voting aye were Council Members Dick, May, Murphy and Thomas and Mayor Pro Tem Ishikawa and Mayor Thomas. Motion carried. CALL TO THE PUBLIC No comments were made. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL HEIGHTS, COLORADO, SUPPORTING THE FPPA EMPLOYER ELECTION REGARDING MEMBER CONTRIBUTIONS OF THE CITY OF FEDERAL HEIGHTS FIRE DEPARTMENT EMPLOYEES TO THE STATEWIDE BENEFIT PLAN MOTION was made by Council Member Dick, seconded by Council Member Thomas to approve Resolution No A Resolution of the City Council of the City of Federal Heights, Colorado Supporting the FPPA Employer Election Regarding Member Contributions of the City of Federal Heights Fire Department Employees to the Statewide Benefit Plan. Those voting aye were Council Members Dick, May, Murphy and Thomas and Mayor Pro Tem Ishikawa and Mayor Thomas. Motion carried. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL HEIGHTS, COLORADO, SUPPORTING THE FPPA EMPLOYER ELECTION REGARDING MEMBER CONTRIBUTIONS OF THE CITY OF FEDERAL HEIGHTS POLICE DEPARTMENT EMPLOYEES TO THE STATEWIDE BENEFIT PLAN MOTION was made by Council Member Murphy, seconded by Council Member May to approve Resolution No A Resolution of the City Council of the City of Federal Heights, Colorado Supporting the FPPA Employer Election Regarding Member Contributions of the City of Federal Heights Police Department Employees to the Statewide Benefit Plan. Those voting aye were Council Members Dick, May, Murphy and Thomas and Mayor Pro Tem Ishikawa and Mayor Thomas. Motion carried. Minutes of the City Council Meeting August 5,

8 QUESTIONS AND COMMENTS FROM MUNICIPAL OFFICIALS City Manager Halburnt reported that the Federal Heights Police Department apprehended a person who robbed the 7-Eleven convenience store on Saturday and that on Monday, another robbery occurred at the Dollar Tree. She and Police Chief Acker will be releasing a statement advising store owners on precautions they can take to help prevent robberies. Council Member May referred to a memo he had sent to Council requesting that an item be placed on the agenda of a future Study Session regarding goal setting and infrastructure improvements in the city. He added that 40 vendors and a band will be on hand for the Federal Heights Fair and the flyer had been updated to reflect the same. He asked whether only Federal Heights residents would be allowed to register for the bicycle giveaway at the Federal Heights Fair. The consensus of Council was to open the registration to anyone who attends the Fair. Council Member Dick supported placing an item regarding City infrastructure improvements on an upcoming Study Session agenda. Mayor Pro Tem Ishikawa suggested that the item be placed on the first Study Session in September after a new Council Member has been appointed. The consensus of Council was to schedule a Study Session agenda item on infrastructure improvements on September 9 th. Mayor Pro Tem Ishikawa will resign from City Council on August 12 in order to move to Montrose. Council Member Murphy stated that he appreciated the contributions that Mayor Pro Tem Ishikawa has made to the Council. He also expressed appreciation to Council Member May and City Staff for planning the Federal Heights Fair. Mayor Thomas reported that Concerned Citizens for Health Care is planning a meeting in Lakewood to inform community leaders about the process for enrolling in health care in order for the leaders to assist citizens. City Manager Halburnt noted that a representative of Concerned Citizens for Health Care has offered to give a presentation on affordable health care at a Council study session. The consensus of Council was to place the presentation on the agenda for the August 12 th study session. PUBLIC COMMENTS No comments were made. ADJOURNMENT Having no further business, the consensus of the Council Members was to adjourn the City Council Meeting at 7:20 p.m. Minutes of the City Council Meeting August 5,

9 Respectfully submitted, ATTEST: Joyce Thomas, Mayor Patti K. Lowell, City Clerk Minutes of the City Council Meeting August 5,

55 2. RESOLUTION NO INTRODUCED BY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL HEIGHTS, COLORADO, CALLING FOR A SPECIAL ELECTION ON NOVEMBER 4, 2014, TO SUBMIT TO THE VOTERS A BALLOT QUESTION OF SHOULD THE CITY COUNCIL BE DIRECTED TO ADOPT AN ORDINANCE PERMITTING, THE OPERATION OF REGULATED RETAIL MARIJUANA STORES WITHIN THE CITY AND SETTING THE BALLOT TITLE THEREFOR WHEREAS, at the November 6, 2012, general election the voters of the State of Colorado adopted Amendment 64 of the Colorado Constitution ( Amendment 64 ), which is codified as Article XVIII of Section 16 of the Colorado Constitution; and WHEREAS, Amendment 64 permits persons twenty-one years of age and older to possess, use, display, purchase or transport one ounce or less of marijuana, or marijuana accessories, to grow limited amounts of marijuana and manufacture and sell marijuana accessories; and WHEREAS, Amendment 64 also provides for the establishment and operation of retail marijuana businesses, which include: 1) Retail marijuana cultivation facilities means entities licensed to cultivate, prepare or package marijuana or sell marijuana to retail marijuana stores, to retail marijuana product manufacturing facilities or to other marijuana cultivation facilities, but not to consumers; and 2) Retail marijuana products manufacturing facilities means entities licensed to purchase marijuana, manufacture, prepare, and package retail marijuana products, and sell marijuana and retail marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. 3) Retail marijuana stores means entities licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities, and sell marijuana and marijuana products to consumers. 4) Retail marijuana testing facilities means entities licensed to analyze and certify the safety and potency of marijuana. WHEREAS, such businesses are collectively known as retail marijuana establishments; and WHEREAS, Amendment 64 provides that municipalities may prohibit the operation of any or all of the retail marijuana establishments through enactment of an ordinance; and WHEREAS, on February 12, 2013, City Council enacted Ordinance No providing for a moratorium until October 1, 2013, on the submission, acceptance or processing of applications and the licensing, permitting, establishment or operation of any recreational marijuana business that sells, cultivates, manufactures, prepares, packages, purchases, tests, or otherwise provides for

56 or allows the use of marijuana or marijuana products pursuant to Amendment 64 approved by the voters of the State of Colorado at the November 6, 2012, general election, and codified as Article XVIII of Section 16 of the Colorado Constitution, including the use of land for such purpose(s); and WHEREAS, in May 2013, the Colorado General Assembly adopted the Colorado Retail Marijuana Code, Sections et seq., ( CRMC ), Colorado Revised Statutes ( C.R.S. ), which implemented licensing requirements and procedures for businesses that cultivate, manufacture, distribute, and sell retail marijuana and marijuana products; and WHEREAS, on September 17, 2013, City Council enacted Ordinance No , which enacted Article XVII of Chapter 14 of the Code prohibiting the establishment and operation of all retail marijuana establishment within the City; and WHEREAS, effective October 5, 2013, the Marijuana Enforcement Division of the Colorado Department of Revenue adopted the Permanent Rules Related to the Colorado Retail Marijuana Code, 1-C.C.R ( Rules ), which Rules were later amended effective March 2, 2014; and WHEREAS, the Rules set forth a comprehensive set of regulations regarding the establishment and operation of retail marijuana establishments; and WHEREAS, given that the CRMC and its Rules address many of the health and safety issues presented by such establishments, and in consideration of the potential for economic development provided by such establishments and increased tax revenues through imposition of a voter approved excise tax, Council, at its May 27, 2014 and June 10, 2014 study sessions, revisited the issue of whether or not to permit such establishments to operate within the City; and WHEREAS, in consideration of the nature and character of the City s physical layout, and its commercial and manufacturing opportunities and zoning requirements, Council decided that retail marijuana stores would be the only type of retail marijuana establishments appropriate for Federal Heights; and WHEREAS, Amendment 64 provides that a municipality may through enactment of an ordinance initiated or referred measure, or through an initiated or referred measure at a general election, prohibit the operation of any retail marijuana establishment; and WHEREAS, consistent with its course of action regarding medical marijuana and in exercise of its powers set forth in Section 6.5 of its Home Rule Charter and Art. XX, Sec. 6 of the Colorado Constitution, Council now desires to present the voters with the question of whether Council should enact an ordinance permitting regulated retail marijuana stores to operate within the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Federal Heights, Colorado, as follows: Section 1. At the election to be held on November 4, 2014, the following question shall be submitted to a vote of the registered electorate. 2

57 BALLOT TITLE AND TEXT OF BALLOT QUESTION CITY OF FEDERAL HEIGHTS RETAIL MARIJUANA STORES SHALL THE CITY COUNCIL OF THE CITY OF FEDERAL HEIGHTS ENACT AN ORDINANCE PERMITTING THE OPERATION OF REGULATED RETAIL MARIJUANA STORES WITHIN THE CITY? YES NO Section 2. On or before September 5, 2014, the ballot issue shall be certified to the County Clerk and Recorder for Adams County for the election to be held on November 4, Section 3. The election shall be conducted as a coordinated election in Adams County pursuant to the provisions of Articles 1 to 13 of Title 1, Colorado Revised Statutes ( Uniform Election Code ). The election shall also be conducted pursuant to the provisions of an Intergovernmental Agreement between the City and the Board of County Commissioners of Adams County, Colorado, and Adams County Clerk and Recorder, concerning the conduct of the election as a coordinated election under the Uniform Election Code. Section 4. All acts required or permitted by the Uniform Election Code relevant to voting by early voters ballots, permanent mail-in voters absentee ballots, emergency absentee ballots, and provisional ballots that are to be performed by the designated election official, shall be performed by the Adams County Clerk and Recorder. Section 5. The Adams County Clerk and Recorder shall cause a Notice of Election to be published in accordance with the Uniform Election Code. Section 6. The officers and employees of the City are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution in accordance with Colorado law. Section 7. For purposes of C.R.S. Section , the ballot title for the ballot issue contained in this Resolution is hereby determined to be the text of the ballot issue itself. Section 8. All actions not inconsistent with the provisions of this Resolution heretofore taken by the members of the City Council, and the officers and employees of the City, directed toward holding the election for the purposes stated herein are hereby ratified, approved, and confirmed. Section 9. All prior acts, orders, resolutions, or parts thereof, by the City in conflict with this Resolution are hereby repealed, except that this repealer shall not be construed to revive any act, order, resolution, or part thereof, heretofore repealed. Section 10. If any section, paragraph, clause, or provision of this Resolution shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section, 3

58 paragraph, clause, or provision shall not affect any of the remaining sections, paragraphs, clauses, or provisions of this Resolution, it being the intention that the various parts hereof are severable. INTRODUCED, READ AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF FEDERAL HEIGHTS, COLORADO, the day of ATTEST: Joyce Thomas, Mayor Patti K. Lowell, CMC City Clerk APPROVED AS TO FORM: William P. Hayashi City Attorney 4

59 3. RESOLUTION NO INTRODUCED BY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL HEIGHTS, COLORADO, CALLING FOR A SPECIAL ELECTION ON NOVEMBER 4, 2014, TO SUBMIT A BALLOT QUESTION OF SHOULD THE CITY COUNCIL BE DIRECTED TO ADOPT AN ORDINANCE PERMITTING THE OPERATION OF REGULATED MEDICAL MARIJUANA CENTERS WITHIN THE CITY AND SETTING THE BALLOT TITLE THEREFOR WHEREAS, by Ordinance 09-05, enacted October 6, 2009, the City imposed a one hundred and twenty (120) day moratorium on the submission, acceptance, processing, and issuance of any application for any permit license, plan, and approval, related to the operation of any business that acquires, possesses, cultivates, manufactures, produces, uses, sells, distributes, dispenses, or transports medical marijuana pursuant to Article XVIII, Section 14 of the Colorado Constitution; and WHEREAS, by Ordinance 10-02, enacted January 19, 2010, the moratorium was extended until July 1, 2010; and WHEREAS, by Ordinance 10-08, enacted June 15, 2010, the moratorium was again extended until June 30, 2011; and WHEREAS, on June 7, 2010, the state enacted the Colorado Medical Marijuana Code ( CMMC ), C.R.S. Section et seq., which implemented licensing requirements and procedures for businesses that acquire, possess, cultivate, manufacture, produce, use, sell, distribute, dispense, or transport medical marijuana; and WHEREAS, the CMMC established three types of licenses related to the operation of businesses that acquire, possess, cultivate, manufacture, produce, use, sell, distribute, dispense, or transport medical marijuana, which include: 1) Medical Marijuana Centers ( dispensaries ) means persons licensed by both the state and local entity to operate a business to sell medical marijuana to registered patients and primary caregivers but is not a primary caregiver; 2) Medical Marijuana-Infused Products Manufacturer means a person licensed by both the state and local entity to operate a business that produces medical marijuana infused products for sale to medical marijuana centers;

60 3) Medical Marijuana Optional Premises Cultivation Facility means the premises specified by a medical marijuana center licensee to be used to cultivate medical marijuana for purposes authorized by Article XVIII, Section 14 of the State Constitution and the CMMC; and WHEREAS, the CMMC provides that a municipality, by a majority of the registered electors voting at a regular or special election, may prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuanainfused products manufacturers licenses (C.R.S. Section ); and WHEREAS, on August 17, 2010, Council approved a ballot issue for the November 2, 2010 election setting forth the question of whether the City should prohibit the operation of medical marijuana centers, optional premises cultivation operations and medical marijuana-infused products manufacturers within the City; and WHEREAS, at the November 2, 2010, election, the registered electors decided to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana-infused products manufacturers; and WHEREAS, on December 21, 2010, the City adopted Ordinance 10-19, which prohibits any person to operate, or cause to be operated, or permit to be operated a medical marijuana center, an optional premises cultivation operation, or a medical marijuanainfused products manufacturing facility within the City; and WHEREAS, effective October 5, 2013, the Marijuana Enforcement Division of the Colorado Department of Revenue adopted the Permanent Rules Related to the Colorado Medical Marijuana Code, 1 C.C.R ( Rules ), which Rules were later amended effective March 2, 2014; and WHEREAS, the Rules set forth a comprehensive set of regulations regarding the establishment and operation of medical marijuana centers; and WHEREAS, given that the CMMC and its Rules address many of the health and safety issues presented by such establishments, and in consideration of the potential economic development provided by such establishments, Council, at its May 27, 2014 and June 10, 2014 study sessions, decided to revisit the issue of whether or not to permit such establishments to operate within the City; and WHEREAS, in consideration of the nature and character of the City s physical layout and its commercial and manufacturing opportunities and zoning requirements, Council decided that medical marijuana centers would be the only type of medical marijuana establishment appropriate for Federal Heights; and WHEREAS, consistent with its original decision to defer to the voters regarding the question of whether or not to permit medical marijuana establishments, and in the exercise of its powers set forth in Section 6.5 of its Home Rule Charter and in Art. XX, 2

61 Sec. 6 of the Colorado Constitution, Council now desires to present the voters with the question of whether Council should enact an ordinance permitting the operation of regulated medical marijuana centers ("dispensaries") within the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Federal Heights, Colorado, as follows: Section 1. At the election to be held on November 4, 2014, the following question shall be submitted to a vote of the registered electorate. BALLOT TITLE AND TEXT OF BALLOT QUESTION CITY OF FEDERAL HEIGHTS MEDICAL MARIJUANA CENTERS SHALL THE CITY COUNCIL OF THE CITY OF FEDERAL HEIGHTS ENACT AN ORDINANCE PERMITTING THE OPERATION OF REGULATED MEDICAL MARIJUANA CENTERS (DISPENSARIES) WITHIN THE CITY? YES NO Section 2. On or before September 5, 2014, the ballot issue shall be certified to the County Clerk and Recorder for Adams County for the election to be held on November 4, Section 3. The election shall be conducted as a coordinated election in Adams County pursuant to the provisions of Articles 1 to 13 of Title 1, Colorado Revised Statutes ( Uniform Election Code ). The election shall also be conducted pursuant to the provisions of an Intergovernmental Agreement between the City and the Board of County Commissioners of Adams County, Colorado, and Adams County Clerk and Recorder, concerning the conduct of the election as a coordinated election under the Uniform Election Code. Section 4. All acts required or permitted by the Uniform Election Code relevant to voting by early voters ballots, permanent mail-in voters absentee ballots, emergency absentee ballots, and provisional ballots that are to be performed by the designated election official, shall be performed by the Adams County Clerk and Recorder. Section 5. The Adams County Clerk and Recorder shall cause a Notice of Election to be published in accordance with the Uniform Election Code. Section 6. The officers and employees of the City are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution in accordance with Colorado law. 3

62 Section 7. For purposes of C.R.S. Section , the ballot title for the ballot issue contained in this Resolution is hereby determined to be the text of the ballot issue itself. Section 8. All actions not inconsistent with the provisions of this Resolution heretofore taken by the members of the City Council, and the officers and employees of the City, directed toward holding the election for the purposes stated herein are hereby ratified, approved, and confirmed. Section 9. All prior acts, orders, resolutions, or parts thereof, by the City in conflict with this Resolution are hereby repealed, except that this repealer shall not be construed to revive any act, order, resolution, or part thereof, heretofore repealed. Section 10. If any section, paragraph, clause, or provision of this Resolution shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining sections, paragraphs, clauses, or provisions of this Resolution, it being the intention that the various parts hereof are severable. INTRODUCED, READ AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF FEDERAL HEIGHTS, COLORADO, the day of ATTEST: Joyce Thomas, Mayor Patti K. Lowell, CMC City Clerk APPROVED AS TO FORM: William P. Hayashi City Attorney 4

63 4. RESOLUTION NO INTRODUCED BY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL HEIGHTS, COLORADO, CALLING FOR A SPECIAL ELECTION ON NOVEMBER 4, 2014, TO SUBMIT TO THE VOTERS A BALLOT ISSUE FOR THE IMPOSITION OF A SALES TAX OF UP TO 10 PERCENT UPON THE SALE OF RETAIL MARIJUANA, AND RETAIL MARIJUANA PRODUCTS, AND SETTING THE BALLOT TITLE THEREFOR WHEREAS, at the November 6, 2012 general election, the voters of the State of Colorado adopted Amendment 64 of the Colorado Constitution ( Amendment 64 ), which is codified as Article XVIII, Section 16 of the Colorado Constitution; and WHEREAS, following adoption of Amendment 64 the Colorado General Assembly adopted Article 28.8 of Title 39, Colorado Revised Statutes ("C.R.S."), imposing a retail marijuana sales tax and a retail marijuana excise tax by the State of Colorado, contingent upon the approval of a ballot issue, which was approved at the November 2013 statewide election authorizing such taxes; and WHEREAS, Amendment 64 provides, in part, for the establishment, licensing and regulation of retail marijuana stores, retail marijuana cultivation facilities, retail marijuana product manufacturing facilities and retail marijuana testing facilities (collectively "retail marijuana establishments"); and WHEREAS, City Council, has approved a ballot question for the November 4, 2014 election setting forth the question before the voters of whether the City Council should enact an ordinance, with local licensing requirements, that permits the operation and establishment of retail marijuana establishments within the City; and WHEREAS, should the ballot question be approved, City Council, in the exercise of its taxing powers, and in order to tax the same retail transactions authorized to be taxed by the state in its November 2013 statewide ballot issue, desires to impose an additional sales tax upon the sale of retail marijuana and retail marijuana products within the City, to pay or reimburse the City for the direct and indirect costs incurred or expended by the City related to the regulation of retail marijuana and retail marijuana products, to support local drug education programs, prevention of underage consumption of retail marijuana, and retail marijuana products, and for other general purposes of the City; and WHEREAS, City Council thus finds that it is necessary and desirable to submit to the eligible electors of the City at the municipal election on Tuesday, November 4, 2014 (the Election ), a ballot issue regarding the imposition of an additional sales tax upon the sale of retail marijuana and retail marijuana products within the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Federal Heights, Colorado, as follows:

64 Section 1. At the election to be held on November 4, 2014, there shall be submitted to the vote of the eligible electors of the City of Federal Heights the ballot issue of whether the City should impose an additional sales tax on the sale of retail marijuana, and marijuana products to pay or reimburse the City for the direct and indirect costs incurred or expended by the City related to the regulation of retail marijuana and retail marijuana products, to support local drug education programs, prevention of underage consumption of retail marijuana, and retail marijuana products, and for other general purposes of the City. At the election, the ballot issue shall state the substance of the issue to be voted on and so stated shall constitute the ballot title and text, which shall be in substantially the following form: BALLOT TITLE AND TEXT OF BALLOT ISSUE CITY OF FEDERAL HEIGHTS RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS SALES TAX SHALL THE CITY OF FEDERAL HEIGHTS' TAXES BE INCREASED BY ($ 300,000) ANNUALLY BEGINNING IN 2015 (FIRST FULL FISCAL YEAR OF SUCH TAX INCREASE) AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER BY IMPOSING, EFFECTIVE JANUARY 1, 2015, AN ADDITIONAL SALES TAX AT THE RATE OF FIVE PERCENT UPON THE SALE OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS WITHIN THE CITY AS LEGALIZED BY ARTICLE XVIII, SECTION 16, OF THE COLORADO CONSTITUTION (WHICH RATE MAY BE ADJUSTED, FROM TIME TO TIME BY CITY COUNCIL, UPON THE SALE OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS WITHOUT FURTHER VOTER APPROVAL SO LONG AS SUCH RATE DOES NOT EXCEED TEN PERCENT) WITH SUCH SALES TAX TO BE IN ADDITION TO THE APPLICATION OF THE CITY'S SALES TAX AND THE REVENUE RECEIVED BY THE CITY FROM THE COLLECTION OF THE SALES TAX TO BE USED TO PAY OR REIMBURSE THE CITY FOR DIRECT AND INDIRECT COSTS INCURRED OR EXPENDED BY THE CITY RELATED TO THE REGULATION OF THE USE OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS, TO SUPPORT LOCAL DRUG EDUCATION PROGRAMS, PREVENTION OF UNDERAGE CONSUMPTION OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS, AND FOR OTHER GENERAL PURPOSES OF THE CITY, WITH THE REVENUE FROM SUCH TAX AND ANY EARNINGS FROM THE INVESTMENT THEREOF TO BE COLLECTED AND SPENT AS A VOTER APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? YES NO Section 2. On or before September 5, 2014, the ballot issue shall be certified to the County Clerk and Recorder for Adams County for the election to be held on November 4, Section 3. The election shall be conducted as a coordinated election in Adams County pursuant to the provisions of Articles 1 to 13 of Title 1, Colorado Revised Statutes ( Uniform Election Code ). The election shall also be conducted pursuant to the provisions of an Intergovernmental Agreement between the City and the Board of County Commissioners of 2

65 Adams County, Colorado, and Adams County Clerk and Recorder, concerning the conduct of the election as a coordinated election under the Uniform Election Code. Section 4. All acts required or permitted by the Uniform Election Code relevant to voting by early voters ballots, permanent mail-in voters absentee ballots, emergency absentee ballots, and provisional ballots that are to be performed by the designated election official, shall be performed by the Adams County Clerk and Recorder. Section 5. The Adams County Clerk and Recorder shall cause a Notice of Election to be published in accordance with the Uniform Election Code. Section 6. The officers and employees of the City are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution in accordance with Colorado law. Section 7. For purposes of Section , C.R.S., the ballot title for the ballot issue contained in this Resolution is hereby determined to be the text of the ballot issue itself. Section 8. All actions not inconsistent with the provisions of this Resolution heretofore taken by the members of the City Council, and the officers and employees of the City, directed toward holding the election for the purposes stated herein are hereby ratified, approved, and confirmed. Section 9. All prior acts, orders, resolutions, or parts thereof, by the City in conflict with this Resolution are hereby repealed, except that this repealer shall not be construed to revive any act, order, resolution, or part thereof, heretofore repealed. Section 10. If any section, paragraph, clause, or provision of this Resolution shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining sections, paragraphs, clauses, or provisions of this Resolution, it being the intention that the various parts hereof are severable. INTRODUCED, READ AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF FEDERAL HEIGHTS, COLORADO, the day of ATTEST: Joyce Thomas, Mayor Patti K. Lowell, CMC, City Clerk APPROVED AS TO FORM: William P. Hayashi, City Attorney 3

66 CITY OF FEDERAL HEIGHTS COUNCIL DECISION REQUEST (CDR) 5. DATE: 8/5/2014 SUBJECT: Citywide Storm Water Projects Award CIP SMP GOAL/ACTION STEP: Engineer s Recommendation to Award STUDY SESSION DATE: 8/12/2014 DEPT: Community Services MEETING DATE: 8/19/2014 SUBMITTED BY: Art Negretti SUBMITTAL APPROVED BY: Steve Durian REVIEWED BY CITY MGR: Yes REVIEWED BY ATTORNEY (IF APPLICABLE): N/A EXHIBITS (IF APPLICABLE, ATTACHED): Bid, references, change order and analysis EXPENDITURE AMOUNT CONT. FUNDING REQUIRED: $215,991 BUDGETED: $ 220,000 & $185,000 BUDGETED: $ 20,000 STAFF RECOMMENDATIONS: The City Engineer recommends awarding schedules A, B and C to Double R Excavating of Sedalia, CO. Schedule A is the installation of a storm sewer in the 89th Avenue alignment south of the Mobile Landed Estates Subdivision. Schedule B involves the installation of a drainage plan and removal of sediment within the median area between the eastbound and westbound lanes of 104th Avenue east of Federal Boulevard. Schedule C is a repair to a sanitary sewer within Carsten s Park. There was one bidder, and a change order was requested for Schedule C from another contractor working in the City. The change order total was $28, from the other contractor, verses $15,750 bid by Double R and therefore Double R is able to do this work at less expense to the city. Bid prices are within industry norms and awarding is expected to provide good value for the City. This change order is for a sanitary sewer repair in addition to the drainage items in Schedules A and B. Bid analysis is attached. SUMMARY OF THE BASIS FOR THE RECOMMENDATION FOR APPROVAL/DISAPPROVAL: The bid for schedule A is $ 119,491 for B the bid is $ 80,750 and for C the bid is $ 15,750. Evaluation of salient items indicates prices are within industry norms and feedback from four other agencies is positive. The 2014 drainage utility budget for Contract Construction is $220,000 which can be applied to Schedule A and B totaling $200,241 with a balance of $19,759. The 2014 Utility CIP budget for Contract Construction is $185,000 of which Schedule C is $15,750 leaving a balance of $169,250 for additional sewer lining work scheduled for It is recommended that Council approve a contingency of $20,000 with this CDR that can be taken from either budget depending on whether change orders are required to this contract. ALTERNATIVES: Alternative A is to award schedule A & B at $ 200,241 Alternative B is to award schedules A, B & C together at $ 215,991. This is recommended. Alternative C is to award none of the schedules and rebid them at a future date LIST ANY ORDINANCES, RESOLUTIONS AND/OR SECTIONS OF THE CITY CODE THAT WOULD BE AFFECTED BY THIS ACTION: 1

67 CITY OF FEDERAL HEIGHTS COUNCIL DECISION REQUEST (CDR) N/A IF IT IS THE WISH OF THE COUNCIL TO SUPPORT THE ABOVE RECOMMENDATION, THE FOLLOWING MOTION WILL ENABLE IMPLEMENTATION IN ALL ITS PHASES: I move to award the 2014 Citywide Stormwater Projects Contract to Double R Excavating in the amount of $215,991 plus a $20,000 contingency per the City Engineer s recommendation, Alternative B. NOTE TO SUBMITTER: MOTION CANNOT SAY PER ATTACHED OR PER ABOVE BECAUSE THIS CANNOT BE PROPERLY REFLECTED IN THE MINUTES OF THE MEETING. HOWEVER, IT MAY REFERENCE SPECIFIC INVOICE NUMBERS, SPECIFIC BIDS, OR THE SPECIFICS OF ATTACHED EXHIBITS. 2

68 CITY OF FEDERAL HEIGHTS COUNCIL DECISION REQUEST (CDR) 6. DATE: 8/5/2014 SUBJECT: Citywide Asphalt Crack Seal and Patch Project Award RD SMP GOAL/ACTION STEP: Engineer s Recommendation to Award STUDY SESSION DATE: 8/12/2014 DEPT: Community Services MEETING DATE: 8/19/2014 SUBMITTED BY: Art Negretti SUBMITTAL APPROVED BY: Steve Durian REVIEWED BY CITY MGR: Yes REVIEWED BY ATTORNEY (IF APPLICABLE): N/A EXHIBITS (IF APPLICABLE, ATTACHED): Bid, analysis and recommendation EXPENDITURE AMOUNT CONT. FUNDING ( ) REQUIRED: $ 17,590 BUDGETED: $150,000 BUDGETED: $12,410 STAFF RECOMMENDATIONS: The City Engineer recommends awarding schedules A (Patching) and B (Crack Sealing) to Martin-Marietta Materials of Westminster CO, at a bid of $ 117,590. There were two bidders. The other was Rocky Mountain Pavements, whose bid total was $122,600. The tabulation of bids and analysis is attached. Prices are within industry norms. SUMMARY OF THE BASIS FOR THE RECOMMENDATION FOR APPROVAL/DISAPPROVAL: The bid for schedule A is $83,190 & for B the bid is $34,400. Evaluation of salient items is within industry norms. ALTERNATIVES: Alternative A is to award schedule A alone at $83,190 Alternative B is to award schedule B alone at $34,400 Alternative C is to award schedules A & B at $117,590, this is recommended by the City Engineer D is to award none of the schedules and rebid them at a future date LIST ANY ORDINANCES, RESOLUTIONS AND/OR SECTIONS OF THE CITY CODE THAT WOULD BE AFFECTED BY THIS ACTION: N/A IF IT IS THE WISH OF THE COUNCIL TO SUPPORT THE ABOVE RECOMMENDATION, THE FOLLOWING MOTION WILL ENABLE IMPLEMENTATION IN ALL ITS PHASES: I move to award RD to Martin-Marietta Materials in the amount $ 117,590 plus $ 12,410 for contingencies for a total of $130,000, per the City Engineer s recommendation, Alternative C. NOTE TO SUBMITTER: MOTION CANNOT SAY PER ATTACHED OR PER ABOVE BECAUSE THIS CANNOT BE PROPERLY REFLECTED IN THE MINUTES OF THE MEETING. HOWEVER, IT MAY REFERENCE SPECIFIC INVOICE NUMBERS, SPECIFIC BIDS, OR THE SPECIFICS OF ATTACHED EXHIBITS. 1

69 CITY OF FEDERAL HEIGHTS COUNCIL DECISION REQUEST (CDR) 7. DATE: 8/14/2014 SUBJECT: 92nd and Federal Engineering/Environmental Additional Services STUDY SESSION DATE: Click here to enter a date. DEPT: Community Services MEETING DATE: 8/19/2014 SUBMITTED BY: Steve Durian SUBMITTAL APPROVED BY: Steve Durian REVIEWED BY CITY MGR: Yes REVIEWED BY ATTORNEY (IF APPLICABLE): Yes EXHIBITS (IF APPLICABLE, ATTACHED): Contract Amendment BUDGETED EXPENDITURE CONT. FUNDING AMOUNT: $150,000 REQUESTED: $16,324 REQUESTED: $2,000 STAFF RECOMMENDATIONS: Staff recommends adding a Phase II environmental study to the scope of work for the contract with Muller Engineering in the amount of $16,324 with an additional $2,000 contingency. SUMMARY OF THE BASIS FOR THE RECOMMENDATION FOR APPROVAL/DISAPPROVAL: During the initial design and environmental clearance effort for the 92nd and Federal intersection widening, the Phase I environmental study determined that there was contamination within the area that will be constructed. Dealing with this contamination during construction without a plan for remediation could result in schedule delays. A Phase II study will better prepare the city and its partners with the project to understand and deal with the scale of the problem of remediating contaminated soils before construction begins. This expense will be divided between the City of Federal Heights at approximately 9%, the City of Westminster at approximately 9%, and the federal government at approximately 82%. Normally this level of expenditure would be able to be approved by the City Manager, however in this case the original contract with Muller Engineering was approved by City Council and therefore can only be amended by City Council. Also, staff would normally take this item to a Council study session, however because this is a critical scheduling item, this item is being brought to Council at a regular meeting in order to save two weeks to the design schedule. ALTERNATIVES: By not doing the Phase II study, there could be delays in what will already be a challenging and impactful construction project. These delays would likely cost far more than the cost of the additional study. LIST ANY ORDINANCES, RESOLUTIONS AND/OR SECTIONS OF THE CITY CODE THAT WOULD BE AFFECTED BY THIS ACTION: N/A IF IT IS THE WISH OF THE COUNCIL TO SUPPORT THE ABOVE RECOMMENDATION, THE FOLLOWING MOTION WILL ENABLE IMPLEMENTATION IN ALL ITS PHASES: 1

70 CITY OF FEDERAL HEIGHTS COUNCIL DECISION REQUEST (CDR) I move to approve the additional services to the Muller Engineering contract for the design of the 92nd Avenue and Federal Boulevard intersection widening in the amount of $16,324 with an additional $2,000 contingency. NOTE TO SUBMITTER: MOTION CANNOT SAY PER ATTACHED OR PER ABOVE BECAUSE THIS CANNOT BE PROPERLY REFLECTED IN THE MINUTES OF THE MEETING. HOWEVER, IT MAY REFERENCE SPECIFIC INVOICE NUMBERS, SPECIFIC BIDS, OR THE SPECIFICS OF ATTACHED EXHIBITS. 2

71 FIRST AMENDMENT TO SCOPE OF WORK REGARDING AGREEMENT FOR THE 92 ND AVENUE AND FEDERAL BOULEVARD INTERSECTION WIDENING PROJECT PROFESSIONAL ENGINEERING SERVICES WITH MULLER ENGINEERING WHEREAS, on January 15, 2013, the City of Federal Heights ( City ) entered into a contract for professional engineering services with Muller Engineering regarding the 92 nd Avenue and Federal Boulevard Intersection Widening Project ( Project ); and WHEREAS, the Project s Scope of Work includes performance of a Phase I Environmental Site Assessment whose purpose is to identify potential contamination sources that may affect project design and construction relative to property acquisition, and workers and the public's health and safety; and WHEREAS, the Scope of Work further provides that Phase I is to identify potential red flags, which may then require a Phase II Site Investigation and Report; and WHEREAS, the Phase I Environmental Site Assessment identified potential red flags necessitating the need for a Phase II Site Investigation and Report, which will require a field investigation of the site s physical and environmental conditions; and WHEREAS, Section VI of the Agreement provides that the Scope of Services may be amended upon a writing executed by the Mayor. NOW, THEREFORE, the City sets forth the following: Exhibit A, Part I, Scope of Work Project Specifics of the 92 nd Avenue and Federal Boulevard Intersection Widening Project Professional Engineering Services Agreement with Muller Engineering is amended by addition of the ERO Resources, Phase II, Scope of Work, which is attached hereto and made a part of this First Amendment to the Project s Scope of Work. Dated this day of, CITY OF FEDERAL HEIGHTS ATTEST: Joyce Thomas, Mayor Patti K. Lowell, CMC City Clerk MULLER ENGINEERING By: Title:

76 10. RESOLUTION NO INTRODUCED BY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL HEIGHTS, COLORADO, APPROVING THE SETTLEMENT AGREEMENT IN ADAMS COUNTY DISTRICT COURT CASE NUMBER 2014 CV , BY AND AMONG THE CITIES OF AURORA; COMMERCE CITY; FEDERAL HEIGHTS; NORTHGLENN; AND THORNTON (THE CITIES ), AND DOUGLAS N. DARR, ADAMS COUNTY SHERIFF, AND THE ADAMS COUNTY BOARD OF COUNTY COMMISSIONERS WHEREAS, Sheriff Douglas N. Darr ("Sheriff') limited the number of municipal prisoners which could be housed at the Adams County Jail; and WHEREAS, the Cities initiated litigation in Adams County District Court (Case Number 2014 CV ) against the Sheriff, and the Adams County Board of Commissioners, as the Cities asserted the Sheriff does not have the legal authority to limit the number of municipal prisoners; and WHEREAS, in an attempt to resolve the matter, the parties entered into mediation, which resulted in a Settlement Agreement; and WHEREAS, the Cities believe that the Settlement Agreement is an equitable resolution of the issue and is a benefit to the citizens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL HEIGHTS, COLORADO THAT: Subject to the approval of all parties to Adams County District Court Case Number 2014 CV , the Settlement Agreement by and among the cities of Aurora; Commerce City; Federal Heights; Northglenn; and Thornton, and Douglas N. Darr, Adams County Sheriff, and the Adams County Board of County Commissioners, is approved in substantially the same form as the copy attached hereby and made a part of this resolution with the Mayor being authorized to execute the Settlement Agreement on behalf of the City. INTRODUCED, READ AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF FEDERAL HEIGHTS, COLORADO, the day of Joyce Thomas, Mayor ATTEST: Patti K. Lowell, CMC, City Clerk APPROVED AS TO FORM: William P. Hayashi, City Attorney

77 August 19, 2014

78 CITY OF FEDERAL HEIGHTS REDEVELOPMENT AGENCY MEETING AUGUST 5, 2014 CALL TO ORDER Chair Joyce Thomas called the August 5, 2014 meeting of the City of Federal Heights Redevelopment Agency to order at 7:20 p.m. ROLL CALL Those in attendance were Commissioners Daniel Dick, Ted May, Ken Murphy and Harold Thomas, Vice Chair Tanya Ishikawa, Chair Joyce Thomas, Director Jacquie Halburnt, Attorney Bill Hayashi and Recording Secretary Patti Lowell. Commissioner Dick Hutchinson was excused from attendance at the meeting. It was announced that a quorum was in attendance. APPROVAL OF MINUTES JULY 15, 2014 MOTION was made by Vice Chair Ishikawa, seconded by Commissioner Murphy to approve the minutes of July 15, Those voting aye were Commissioners Dick, May, Murphy and Thomas, Vice Chair Ishikawa and Chair Thomas. Motion carried. APPROVAL OF ACCOUNTS PAYABLE FOR JULY 2, 2014 JULY 15, 2014 The Redevelopment Agency had no Accounts Payable for July 2, July 15, CALL TO THE PUBLIC No comments were offered. QUESTIONS AND COMMENTS FROM AGENCY OFFICIALS Vice Chair Ishikawa said that the supplemental information in the Council Members packets has been helpful. Council Member May commented that Vice Chair Ishikawa would be missed on Council. PUBLIC COMMENTS No comments were offered. Minutes of the Redevelopment Agency Meeting August 5,

79 ADJOURNMENT Having no further business, the consensus of the Commissioners was to adjourn the Meeting at 7:23 p.m. Respectfully submitted, ATTEST: Joyce Thomas, Chair Patti Lowell, Recording Secretary Minutes of the Redevelopment Agency Meeting August 5,

TOWN OF KIOWA ORDINANCE NO

TOWN OF KIOWA ORDINANCE NO. 2010-09 TITLE: AN ORDINANCE TO AMEND CHAPTER 16 OF THE TOWN OF KIOWA MUNICIPAL CODE BY THE ADDITION THERETO OF A NEW ARTICLE XVI CONCERNING THE RETAIL SALE, DISTRIBUTION, CULTIVATION