042319_Council_Packet.pdf - City of Thornton

OFFICE OF THE CITY MANAGER

AGENDA1486th Regular Meeting of the

CITY COUNCILCOUNCIL CHAMBERS

April 23,20197:00 p.m.

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CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL OF COUNCIL

APPROVAL OF AGENDA

PRESENTATIONS

A A resolution conveying the City Council's gratitude and appreciation to Eduardo M.Moreno for his many contributions during the past twenty years of dedicated serviceto the City.

6. AUDIENCE PARTICIPATION

DURING THIS PORTION OF THE MEETING, ANYONE MAY SPEAK ON ANY SUBJECT WHICHDOES NOT LATER APPEAR ON THE AGENDA AS A PUBLIC HEARING. SPEAKING TIME WILLBE LIMITED TO THREE MINUTES PER IND¡VIDUAL/TOPIC WITH A ONE HOUR LIMIT ON THISSEGMENT OF THE AGENDA. IF YOU WISH TO SPEAK, PLEASE SIGN UP ON THE REGISTERLOCATED INSIDE THE COUNCIL CHAMBERS, PRIOR TO THE MEETING.

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COUNCI L COMMENTS/COMMUNICATIONS

STAFF REPORTS

None

9. CONSENTCALENDAR

ITEMS OF A ROUTINE AND NON-CONTROVERSIAL NATURE ARE PLACED ON THECONSENT CALENDAR TO ALLOW THE CITY COUNCIL TO SPEND ITS TIME AND ENERGYON THE IMPORTANT ITEMS ON A LENGTHY AGENDA. ANY COUNCILMEMBER MAYREQUEST THAT AN ITEM BE ''PULLED'' FROM THE CONSENT CALENDAR ANDCONSIDERED SEPARATELY. AGENDA ITEMS PULLED FROM THE CONSENT CALENDARWILL BE PLACED ON THE AGENDA AT THE END OF THE MATTERS LISTED UNDER''BUSINESS . ACTION ITEMS."

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Approval of Minutes - April 2,2019 Special and April 9,2019 Special and RegularCity Council Meetings.

An ordinance amending Thornton City Code Section 18-901 to add a definition of"lndoor Shooting Range", amending Section 18-160 to authorize additionalpermitted uses within the Business Park and Regional CommercialZoning Districts,amending Section 18-596 to add off-street parking requirements pertaining to the"lndoor Shooting Range" use, and enacting Section 18-333 pertaining to "lndoorShooting Range." (Second Reading)

CITY OF THORNTON 04t18t2019

OFFICE OF THE CITY MANAGER COUNCIL AGENDAApril 23, 2019

9. CONSENT CALENDAR - Continued

c An ordinance adopting the third amendment to the 2019 Budget amending sectionone of Ordinance 3503, making appropriations for the City of Thornton, Colorado forthe fiscal year 2019 for all funds except that appropriations for certain individualprojects shall not lapse at year end but continue until the project is completed orcancelled. (Second Reading)

Monthly Financial Report for February 2019

A resolution approving an lntergovernmental Agreement between the City and theCity and County of Denver for use of grant money authorized by the United StatesDepartment of Homeland Security awarded through Urban Area Security lnitiativegrants.

A resolution expressing the intent of the City to be reimbursed expenses relating tofinancing construction of a new active adult center.

A resolution expressing the intent of the City to be reimbursed expenses relating tofinancing construction improvements to the Margaret W. Carpenter RecreationCenter.

A resolution approving the City Manager's appointment of Kim Newhart as thelnterim Director of Finance/City Treasurer for the City of Thornton, effective May 1,

2019

A resolution amending City Council Policy 4.4 of Resolution C.D. No. 2016-073regarding Ward Reapporlionment.

10. PUBLIC HEARINGS

IN ORDER TO SCHEDULE THE TIMING AND LENGTH OF PUBLIC HEARINGS FOR THECONVENIENCE OF THE COUNCIL, THE GENERAL PUBLIC, AND INTERESTED PARTIES, THEFIRST PUBLIC HEARING W¡LL BEGIN AT OR BEFORE 7:30 P.M., OR AS SOON THEREAFTERAS POSSIBLE. THIS SEGMENT OF THE AGENDA WILL LAST NO MORE THAN TWO HOURS.PROPONENTS AND OPPONENTS WHO WISH TO SPEAK ARE REQUESTED TO SIGN UP,PRIOR TO THE BEGINNING OF THE MEETING, ON THE REGISTER LOGATED INSIDE THECOUNCIL CHAMBERS, AND LIMIT THEIR REMARKS TO THREE MINUTES. GROUPS OFCITIZENS BROUGHT TOGETHER BY A COMMON INTEREST ARE REQUESTED TO CHOOSEA SPOKESPERSON WHOSE TIME TO COMMENT MAY BE EXTENDED AT THE DISCRETIONOF THE MAYOR. SPEAKERS MAY BE ASKED TO BE SWORN IN BY THE C¡TY CLERK IFTHEY WISH TO SUBMIT FACTS RATHER THAN OPINIONS.

A. A public hearing regarding a resolution approving a Conceptual Site Plan for aproposed commercial and lodging development on approximately 12 acres of landgenerally located at the southwest corner of West 88th Avenue and lnterstate 25(Conifer Crossing). [Public Hearing]

11. ACTION ITEMS

An ordinance amending the City Council Policy regarding the Rules of Order andProcedure for City Council meetings to add a Moment of Silence. (Second Reading)

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OFFICE OF THE CITY MANAGER COUNCIL AGENDAApril 23, 2019

12. ADJOURNMENT

Agenda prepared by Kristen N. Rosenbaum, City Clerkfor Kevin S. Woods, City Manager

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COUNCIL COMMUNIGATIONMeeting Date:

April 23, 2019

Agenda ltem

5A

Agenda Location

Presentations

Goal(s): Legal Review:

N/A _ 1st Reading_2n¿ Reading

subject: A resolution conveying the City Council's gratitude and appreciation to Eduardo M. Morenofor his many contributions during the past twenty years of dedicated service to the City.

Recommended by: Brett Henry

Presenter(s): City Council

Approved by: Kevin S. Woods

('/Ordinance previouslyintroduced by:

SYNOPSIS:

The City recognizes employees who have achieved milestones of 20 years and above. EduardoMoreno, Project Manager ll, has been employed as a regular full-time employee lor 20 years, and theCity wishes to convey its appreciation to Eduardo.

REGOMMENDATION:

Staff recommends approval of the resolut¡on.

BU DG ET/STAFF IMPLIGATIONS:

The monetary awards are included in the 2019 budget.

BACKGROUND IANA EXT STEPS/HISTORYI: (includes previous City Council action)

Eduardo Moreno began employment on April 12, 1999 as a Project Manager. Other achievementsinclude:

Received a Team of the Year Award in December 2000 for coordinating the multi-disciplinary effortsneeded to provide the key infrastructure, planning, and development of the North WashingtonStreeUl 52nd AvenueAlork StreeUE-47O Corridor area;Received a Distinguished Service Award in October 2001 for being the liaison between thelnfrastructure Department and the E-470 Authority's Engineers;Received a Team Distinguished Service Award in December 2001 for providing extraordinaryassistance to the City's "United We Stand" effort following the tragedy of September 11th;

Received a Team of the Year Award and Distinguished Service Award in February 2003 for hisexceptional efficiency, effectiveness, and productivity in the performance of his job during the courseof the extreme drought of 2002;Received a Team Distinguished Service Award in November 2005 for his exceptional efficiency,effectiveness, and productivity in the performance of his job duties during the course and completionof the Columbine Water Treatment Plant expansion;Received a Team Distinguished Service Award in February 2009 for his commitment to theexcellence and outstanding contributions while on the Recreation Center Pond Project Team;Received a Team Distinguished Service Award in February 2009 for successfully filling theRecreation Center Ponds in time for the lndependence Day celebration at the Multi-Purpose Fields;Received a Team Distinguished Service Award in January 2011 for assisting on the Budget TaskForce and recommending ways to reduce reoccurring costs in the General Fund;

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COUNCIL COMMUNICATIONPAGE 2

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Received a Certificate of Appreciation in November 2012 for service to the City as a member of theEmployee Advisory Committee;Received a Team Distinguished Service Award in November 2012 for his hard work, leadership,persistence, and innovative approaches to obtaining the Federal permits necessary to commenceconstruction of the West Sprat Platte Reservoir lmprovement Project and the Hammer and RogersGravel Pits pump stations;Received a Team Distinguished Service Award in November 2013 for his teamwork in the finalphase of the Hoffman Way Community Development Block Grant Landscaping Project;Received a Team of the Year Award in January 2014 for the successful design, construction, andhard work to open the Margaret W. Carpenter Park and Open Space;Received a Distinguished Service Award in October 2014 for providing the technical support forestimating the cost impact to the City from the September 2013 flood;Received a Team of the Year Award in January 2015 for his contributions while on the FloodResponse Team;Received a Team Distinguished Service Award in October 2015 for the teamwork, professionalism,and dedication demonstrated in completing construction of the Rogers Gravel Pit Construction;Received a Team Distinguished Service Award in October 2015 for his hard work and dedicationwhile on the West Cooley Emergency Repair and Flood Response Team;Received a Team Distinguished Service Award in November 2016 for his contributions to theRogers and Hammer Reservoirs Pump Stations Project Team;Received a Distinguished Service Award in November 2016 for demonstrating outstandingperformance throughout 2016. He was consistently dependable and put forth the extra time andeffort as required to achieve success on several projects; andReceived Team of the Year Award in January 2017 for working closely to gather, document, andobtain Federal Emergency Management Agency reimbursement for emergency repairs from the2015 flood damages at Thornton's West Cooley reservoirs.

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RESOLUTION

A RESOLUTION CONVEY¡NG THE CITY COUNCIL'S GRATITUDE ANDAPPRECIATION TO EDUARDO M. MORENO FOR HIS MANY CONTRIBUTIONSDURING THE PAST TWENTY YEARS OF DEDICATED SERVICE TO THE CITY.

WHEREAS, Eduardo Moreno has served the City as a full-time employee for 20years in a professional and loyal manner; and

WHEREAS, Eduardo began employment on April 12,1999 as a Project Manager;and

WHEREAS, Eduardo received a Team of the Year Award in December 2000 forcoordinating the multi-disciplinary efforts needed to provide the key infrastructure,planning, and development of the North Washington StreeVl52nd Avenueflork StreeUE-470 Corridor area; and

WHEREAS, Eduardo received a Distinguished Service Award in October 2001forbeing the liaison between the Thornton lnfrastructure Department and the E-470Authority's Engineers; and

WHEREAS, Eduardo received a Team Distinguished Service Award in December2001 for providing extraordinary assistance to the City's "United We Stand" effortfollowing the tragedy of September 11th; and

WHEREAS, Eduardo received a Team of the Year Award and DistinguishedService Award in February 2003 for his exceptional efficiency, effectiveness, andproductivity in the performance of his job during the course of the extreme drought of2OO2: and

WHEREAS, Eduardo received a Team Distinguished Service Award in November2005 for his exceptional efficiency, effectiveness, and productivity in the performance ofhis job duties during the course and completion of the Columbine Water Treatment Plantexpansion; and

WHEREAS, Eduardo received a Team Distinguished Service Award in February2009 for his commitment to the excellence and outstanding contributions while on theRecreation Center Pond Project Team; and

WHEREAS, Eduardo received a Team Distinguished Service Award in February2009 for successfully filling the Recreation Center Ponds in time for the lndependenceDay celebration at the Multi-Purpose Fields; and

WHEREAS, Eduardo received a Team Distinguished Service Award in January2011 for assisting on the Budget Task Force and recommending ways to reducereoccurring costs in the General Fund; and

WHEREAS, Eduardo received a Certificate of Appreciation in November 2012forservice to the City as a member of the Employee Advisory Committee; and

WHEREAS, Eduardo received a Team Distinguished Service Award in November2012 for his hard work, leadership, persistence, and innovative approaches to obtainingthe Federal permits necessary to commence construction of the West Sprat PlatteReservoir lmprovement Project and the Hammer and Rogers Gravel Pits pump stations;and

WHEREAS, Eduardo received a Team Distinguished Service Award in November2013 for his teamwork in the final phase of the Hoffman Way Community DevelopmentBlock Grant Landscaping Project; and

WHEREAS, Eduardo received a Team of the Year Award in January 2014 for thesuccessful design, construction, and hard work to open the Margaret W. Carpenter Parkand Open Space; and

WHEREAS, Eduardo received a Team of the Year Award in January 2015 for hiscontributions while on the Flood Response team; and

WHEREAS, Eduardo received a Team Distinguished Service Award in October2015 for the teamwork, professionalism, and dedication demonstrated in completingconstruction of the Rogers Gravel Pit Construction; and

WHEREAS, Eduardo received a Team Distinguished Service Award in October2015 for his hard work and dedication while on the West Cooley Emergency Repair andFlood Response Team; and

WHEREAS, Eduardo received a Team Distinguished Service Award in November2016 for his contributions to the Rogers and Hammer reservoirs Pump Stations Projectteam; and

WHEREAS, Eduardo received a Distinguished Service Award in November 2016for demonstrating outstanding performance throughout 2016. He was consistentlydependable and put forth the extra time and effort as required to achieve success onseveral projects; and

WHEREAS, Eduardo received a Team of the Year Award in January 2017 lorworking closely to gather, document, and obtain Federal Emergency ManagementAgency reimbursement for emergency repairs from the 2015 flood damages at Thornton'sWest Cooley reservoirs.

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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITYOF THORNTON, COLORADO, AS FOLLOWS:

That City Council hereby recognizes the commitment, dedication, and loyalty ofEduardo Moreno and conveys its earnest appreciation and thanks for the manycontributions he has made during his twenty years as an employee of the City.

PASSED AND ADOPTED at a regular meeting of the City Council of the City ofThornton, Colorado, on _,2019.

CITY OF THORNTON, COLORADO

Heidi K. Williams, Mayor

ATTEST:

Kristen N. Rosenbaum, City Clerk

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GOUNCIL COMMUNICATIONMeeting Date:

April 23, 2019

Agenda ltem

9A

Agenda Location:

Consent Calendar


N/A _ 1't Reading_2nd Reading

subject: A Motion approving the Minutes of the April 2, 2019 Special and April 9,2019 Special andRegular City Council Meetings.

Recommended by: Robb Kolstad

Presenter(s): Kristen Rosenbaum, City Clerk?\L Approved by: Kevin S. Woods

t\ÑOrdinance previouslyintroduced by:

SYNOPSIS:

The official Minutes of the April 2, 2019 Special and April 9, 2019 Special and Regular City CouncilMeetings have been prepared by the City Clerk's Office and are hereby submitted for Council's approval.

RECOMMENDATION:

Staff recommends approval of Minutes as requested.

BUDGET/STAFF IMPLICATIONS :

None.

ALTERNATIVES:

1. Approve the minutes as submitted.2. Approve the minutes with corrections requested by Council.

BAGKGROUND (ANALYSIS/NEXT STEPS/HISTORï: (includes previous City Council action)

None.

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Unofficial until approvedBy City Council

MINUTESTHORNTON CITY COUNCIL

SPECIAL MEETINGAPRIL 2,2019

CALL TO ORDER - By Mayor Heidi K. Williams at 6.17 p.m. in the Training Room of theThornton City Hall.

ROLL CALL OF COUNCIL - Those Present were: Mayor Heidi K. Williams, Mayor Pro TemJan Kulmann, and Councilmembers Sherry Goodman, Eric Montoya, Sam Nizam, JessicaSandgren, and Eric Tade. Absent - Councilmembers Adam Matkowsky and JacquelinePhillips.

MOTION WAS MADE BY COUNCILMEMBER SANDGREN AND SECONDED BYCOUNCILMEMBER MONTOYA TO RECESS THE MEETING INTO EXECUTIVESESSION. MOTION PASSED UNANIMOUSLY.

The meeting recessed into executive session at 6:19 p.m

3. ACTION ITEMS

Executive session pursuant to C.R.S. 24-6-402(4)(e), determining positions relativeto matters that may be subject to negotiations; developing strategy for negotiations;and instructing negotiators regarding current lease offers from Extraction and GreatWestern ancl foree noolino ancl nerimete for discussino future lease offers.

STAFF MEMBERS PRESENT - Robb Kolstad, Assistant City Manager; LuisCorchado, City Attorney; Joyce Hunt, Assistant City Manager; Brett Henry,Executive Director for lnfrastructure; Scott Twombly, Real Property Manager; andKristen Rosenbaum, City Clerk.

Executive session pursuant to C.R.S. 24-6-402(4Xe), determining positions relativeto matters that are subject to negotiations, developing strategy for negotiations, andinstructinq neqotiators reqarding the Thornton Water Proiect.

STAFF MEMBERS PRESENT - Robb Kolstad, Assistant City Manager; LuisCorchado, City Attorney; Joyce Hunt, Assistant City Manager; Brett Henry,Executive Director for lnfrastructure; Scott Twombly, Real Property Manager; MarkKoleber, Water Project Director; and Kristen Rosenbaum, City Clerk.

The meeting reconvened at 6:42 p.m

4. ADJOURNMENT

MOTION WAS MADE BY COUNCILMEMBER GOODMAN AND SECONDED BYCOUNCILMEMBER TADE TO ADJOURN THE MEETING AT 6:42 P.M. MOTION PASSEDUNANIMOUSLY.

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APRIL 2,2019, SPECIAL CITY COUNCIL MINUTESPAGE 2

ATTEST

Mayor at time of approval

Approved at the April 23, 2019, City Council meeting


Respectfully submitted,

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MINUTESÏHORNTON CITY COUNCIL

SPECIAL MEETINGAPRIL 9,2019

CALL TO ORDER - By Mayor Heidi K. Williams al6:02 p.m. in the Training Room of theThornton City Hall.

ROLL CALL OF COUNCIL - Those Present were: Mayor Heidi K. Williams, Mayor Pro TemJan Kulmann, and Councilmembers Adam Matkowsky, Eric Montoya, Sam Nizam,Jacqueline Phillips, Jessica Sandgren and Eric Tade. Absent - Councilmember SherryGoodman.

STAFF MEMBERS PRESENT- Kevin Woods, City Manager; Luis Corchado, CityAttorney;Robb Kolstad, Assistant City Manager; Randy Nelson, Police Chief; Chris Molison,Executive Director for Management Services; Brett Henry, Executive Director forlnfrastructure; Mark Koleber, Water Project Director; Joanne Herlihy, Senior Assistant CityAttorney; and Kristen Rosenbaum, City Clerk.

MOTION WAS MADE BY COUNCILMEMBER MATKOWSKY AND SECONDED BYCOUNCILMEMBER MONTOYA TO RECESS THE MEETING INTO EXECUTIVESESSION. MOTION PASSED UNANIMOUSLY.

The meeting was recessed into executive session at 6:03 p.m

3. ACTION ITEMS

A Executive session pursuant to C.R.S. 24-6-402(4)(b), conferences with the CityAttorney for the purposes of receiving legal advice on specific legal questionsreoardino the Larimer Countv l Odl

B. Executive session pursuant to C.R.S. 24-6-402(4Xb), conferences with the CityAttorney for the purposes of receiving legal advice on specific legal questionsreoarclino Ceballos v Husk

Councilmember Tade left at 6:46 p.m

Executive session pursuant to C.R.S. 24-6-402(4Xb), conferences with the CityAttorney for the purposes of receiving legal advice on specific legal questionsrêoe rd tno DIA Noise I itioation

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The meeting reconvened at 6:56 p.m

ADJOURNMENT

MOTION WAS MADE BY COUNCILMEMBER MATKOWSKY AND SECONDED BYMAYOR PRO TEM KULMANN TO ADJOURN THE MEETING AT 6:56 P.M. MOTIONPASSED UNANIMOUSLY.

APRIL 9,2019, SPECIAL CITY COUNCIL MINUTESPAGE 2

ATTEST:



Respectfully subm itted,

Kri Rosenbaum, City Clerk

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MINUTESTHORNTON CITY COUNCIL1485TH REGULAR MEETING

APRIL 9,2019

CALL TO ORDER - By Mayor Heidi K. Williams at 7:03 p.m. in the Council Chambers ofthe Thornton City Hall.

2. PLEDGE OF ALLEGIANCE

3 ROLL CALL OF COUNCIL - Those Present were: Mayor Heidi K. Williams, Mayor Pro TemJan Kulmann, and Councilmembers Adam Matkowsky, Eric Montoya, Sam Nizam,Jacqueline Phillips, Jessica Sandgren, and Eric Tade. Absent - Councilmember SherryGoodman.

STAFF MEMBERS PRESENT - Kevin Woods, City Manager; Luis Corchado, City Attorney;Joyce Hunt, Assistant City Manager; Robb Kolstad, Assistant City Manager; Jeff Coder,Deputy City Manager for City Development; Chris Molison, Executive Director forManagement Services; Brett Henry, Executive Director for lnfrastructure; Randy Nelson,Police Chief; Gordon Olson, Fire Chief; Maria Ostrom, Finance Director; Grant Penland,Planning Director; Nicole Samson, Neighborhood Services Manager; Erika Senna, BudgetManager; Collin Wahab, Planner; Jaylin Stotler, Community Connections Manager; KristenRosenbaum, City Clerk; and Crystal Sergent, Agenda and Licensing Coordinator.

4, APPROVALOFTHEAGENDA

Councilmember Phillips requested to add a discussion regarding Ralston House to theAgenda as Action ltem 11D.

MOTION WAS MADE BY COUNCILMEMBER TADE AND SECONDED BYCOUNCILMEMBER MONTOYA TO APPROVE THE AGENDA AS AMENDED. MOTIONPASSED UNANIMOUSLY.

5. PRESENTATIONS

A. A resolution declaring the month of April 2019 as Child Abuse Prevention andAwareness [Vlonth in the Citv of Thornton

Lindsay Lierman, Executive Directorfor CourtAppointed SpecialAdvocates (CASA)of Adams and Broomfield Counties and Jennifer Kemps, Special Events Associatefor Ralston House, provided information about their organizations. Ms. Lierman leftpromotional items from CASA and Ms. Kemps provided City Councilwith pinwheels.

MOTION WAS MADE BY COUNCILMEMBER SANDGREN AND SECONDED BYCOUNCILMEMBER MONTOYA TO APPROVE A RESOLUTION DECLARINGTHE MONTH OF APRIL 2019 AS CHILD ABUSE PREVENTION ANDAWARENESS MONTH IN THE CITY OF THORNTON. MOTION PASSEDUNANIMOUSLY.

Councilmember Sandgren read the resolution in its entirety

APRIL 9,2019, CITY COUNCIL MINUTESPAGE 2

Mayor Williams presented copies of the resolution to Ms. Lierman and Ms. Kempsand thanked them for the important service that each organization provides.

B. A resolution recognizing Bruce W. McRae, Technical Support Specialist ll, on hisretirement from the Citv.

MAYOR PRO TEM KULMANN INTRODUCED, READ IN ITS ENTIRETY, ANDMOVED TO APPROVE A RESOLUTION RECOGNIZING BRUCE W. MCRAE,TECHNICAL SUPPORT SPECIALIST II, ON HIS RETIREMENT FROM THE CITY.MOTION WAS SECONDED BY COUNCILMEMBER MATKOWSKY AND PASSEDUNANIMOUSLY.

Mayor Williams thanked Mr. McRae for his services and presented him with aplaque.

6. AUDIENCE PARTICIPATION

Mayor Williams presented a proclamation to Jaslynn Gallegos which recognizes heraccomplishment on making Colorado high school wresting history for being one of twofemales to ever place in the Colorado high school State wresting tournament.

George Horgan,9130 Fir Drive, spoke about a United Veterans Committee meeting heattended, Ralston House funds, and fireworks.

Lewis Daniels, 1703 W. 101stAvenue, addressed Council regarding the Ralston Housefunds, clean energy, and climate action.

Vic Moss, 2100 S. Carr Street, Lakewood, thanked the City for working with the dronecommunity.

Mary Payne, 12932 Newport Way, addressed Council regarding the Budget. She askedCouncil to take a moment of silence and announced there will be a food truck for those inneed the third Thursday of the month.

Sandra Wolfe, 8660 Mariposa, spoke about the community leader vests, volunteersthroughout the City, and a new High Density Housing Unit in the City.

David Steiner, 8948 Fox Drive, addressed Council regarding trash and recycling incondominiums and the Ralston House funds.

Kathy Henson, 1069 Einterest.

96th Place, addressed Council regarding potential conflicts of

Jeremy Newton, no address stated, commended Jaslynn Gallegos for her accomplishment.He addressed Council regarding the proposed addition of the Moment of Silence to theagenda.

Kevin Vargas, no address stated, from Congressman Jason Crow's Office, introducedhimself.


7, COUNCIL COMMENTS/COMMUNICATIONS

Mayor Pro Tem Kulmann thanked Kevin Vargus for coming to the meeting. She reportedon the Rocky Flats Stewardship Council meeting, on the North l-25 Coalition meeting, thatshe is no longer an employee with Noble Energy and has no conflict of interest in the oil andgas industry, and on an upcoming Ward 4 meeting on Thursday at 6:30 p.m. in theCommunity Room at the lnfrastructure Maintenance Center.

Councilmember Tade acknowledged and applauded everyone who participated duringAudience Participation.

Councilmember Phillips thanked those who showed up for the meeting. She reported onthe Ward 1 meeting and follow-up from the meeting.

Mayor Williams provided comments on conflicts of interest. She reported on the quarterlymeeting with Dave Genova, Executive Director for the Regional Transportation District;Metro Mayor Mayors Caucus; and the electronic recycling event hosted by the City andAdams County this past weekend.

SÏAFF REPORTS

None

CONSENT CALENDAR

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MOTION WAS MADE BY COUNCILMEMBER TADE ANDCOUNCILMEMBER NIZAM TO APPROVE THE CONSENTPRESENÏED.

SECONDED BYCALENDAR AS

The City Clerk read into the record the title of the ordinance contained on the ConsentCalendar.

MOTION PASSED UNANIMOUSLY

THE FOLLOWING COUNCIL DOCUMENTS WERE APPROVED ON THE CONSENTCALENDAR:

Approval of Minutes - March 19,2019 Regular City Council Meeting

An ordinance enacting Section 38-358 of the Thornton City Code pertaining toregulations for Unmanned Aircraft Systems. (Second Reading)

Monthly Financial Report for January 2019.

A resolution changing the time forthe November 19 and December 3,2019 CityCouncil meetings to 6:00 p.m.

A resolution adopting the Bylaws of the JudicialAppointment and Retention AdvisoryCommission.

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E.

F. A resolution adopting a new City of Thornton Drought Management Plan.


G A resolution authorizing an lntergovernmental Agreement between the City andLarkridge Metropolitan District No. 2 for Lot 1 of Larkridge Subdivision, Filing 2,Amendment 5, property located in the noÉheast corner of 160th Avenue and l-25.

10. PUBLIC HEARINGS

At this time, individuals wishing to provide testimony during the public hearing were sworn in by theCity Clerk.

Mayor Williams recused herself from ltem 104 due to a possible conflict of interest and handed themeeting over to Mayor Pro Tem Kulmann.

Mayor Williams left the Council Chambers at7 57 p.m

A public hearing regarding a resolution accepting the 2019 Housing NeedsAssessment and Analvsis of lmpediments to Fair Housinq Choice.

The public hearing was opened at 7:58 p.m. The City Manager gave the openingremarks.

Nicole Samson, Neighborhood Services Manager, stated she was previously sworn.She entered into the record the notice of hearing published on the City's officialwebsite, at three physical locations as required by City Code, and in theNorlhslenn/Thornton Sentinel, which was marked as City's Exhibit 1.

Ms. Samson provided information on the 2019 Housing Needs Assessment (HNA)and Analysis of lmpediments (Al) to Fair Housing and presented slides of thepurpose, progress since 2014, housing concerns Írom 2019 HNA and Al, andconsolidated planning process, which were later marked as City's Exhibit 2.

Ms. Samson answered questions from Council regarding the increase in multifamilyhousing since 2014, senior living facilities, how the City addresses discriminatorypatterns in lending, recommended actions listed in the Report, and next steps.

No one signed up nor wished to speak in support of or in opposition to the proposedresolution.

The public hearing was closed at 8:14 p.m.

MOTION WAS MADE BY COUNCILMEMBER MONTOYA AND SECONDED BYCOUNCILMEMBER PHILLIPS TO APPROVE A RESOLUTION ACCEPTING THE2019 HOUSING NEEDS ASSESSMENT AND ANALYSIS OF IMPEDIMENTS TOFAIR HOUSING CHOICE. MOTION PASSED UNANIMOUSLY.

Mayor Williams returned to the Council Chambers at 8:16 p.m

A public hearing regarding an ordinance amending Thornton City Code Section 18-901 to add a definition of "lndoor Shooting Range", amending Section 18-160 toauthorize additional permitted uses within the Business Park and RegionalCommercial Zoning Districts, amending Section 18-596 to add off-street parkingrequirements peftaining to the "lndoor Shooting Range" use, and enacting Section18-333 pertaininq to "lndoor Shootinq Ranqe."

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APRIL 9,2Q19, CITY COUNCIL MINUTESPAGE 5

11. ACTION ITEMS

The public hearing was opened at 8:17 p.m. The City Manager gave the openingremarks.

Grant Penland, Planning Director, stated he was previously sworn. He entered intothe record the notice of hearing published on the City's official website and at threephysical locations as required by City Code, which was marked as City's Exhibit L

Mr. Penland provided information on the proposed ordinance and presented slidesof the proposed indoorshooting range definition, land use chart, zoning districts, offstreet parking and loading, specific provisions, additional requirements, andstandards for approval, which were later marked as City's Exhibit 2.

Mr. Penland answered a question from Council regarding public safety.

Matt Grosjean, representing TruFire, 1355 S. Clayton Street, Denver, stated he waspreviously sworn. Mr. Grosjean provided information on the proposed ordinanceand presented slides introducing the development team; of firearms statistics; of aThornton Area Market research; and of conceptual shooting lanes, retail, andclassrooms; which were later marked as Applicant's Exhibit A.

Mr. Penland answered questions from Council regarding if there is a specific projectcoming, and if so, where it will be; the impact it will have on citizens; and areasimpacted by the proposed ordinance.

Mr. Grosjean answered a question from Council regarding an increase in gunownership since 2007 and presented a slide showing annual background checkstatistics through the Federal Bureau of lnvestigation, which was also contained inApplicant's Exhibit A,

There was clarification from Council regarding the purpose of the proposedordinance.

No one signed up nor wished to speak in supporl of or in opposition to the proposedordinance.

The public hearing was closed at 8:40 p.m

COUNCILMEMBER TADE INTRODUCED, READ BY TITLE, AND MOVED TOAPPROVE AN ORDINANCE, ON FIRST READING, WHICH AMENDSTHORNTON CITY CODE SECTION 18-901 TO ADD A DEFINITION OF "INDOORSHOOTING RANGE', AMENDS SECTION 18-160 TO AUTHORIZE ADDITIONALPERMITTED USES WITHIN THE BUSINESS PARK AND REGIONALCOMMERCIAL ZONING DISTRICTS, AMENDS SECTION 18-596 TO ADD OFF-STREET PARKING REQUIREMENTS PERTAINING TO THE "INDOORSHOOTING RANGE" USE, AND ENACTS SECTION 18-333 PERTAINING TO"INDOOR SHOOTING RANGE.' MOTION WAS SECONDED BYCOU NCI LMEMBER MATKOWSKY AN D PASSED U NAN I MOUSLY.

An ordinance approving a Zoning Amendment of 'f 1.653 acres to amend thePlanned Development Standards and the Overall Development Plan/Conceptual

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Site Plan for the property located northwest of the intersection of East 128th Avenueand Grant Drive (Rollinq Hills Subdivision. Filinq No. 6).

Grant Penland, Planning Director, presented information and slides on this item

COUNCILMEMBER TADE INTRODUCED, READ BY TITLE, AND MOVED TOAPPROVE AN ORDINANCE, ON SECOND READING, WHICH APPROVES AZONING AMENDMENT OF 11.653 ACRES TO AMEND THE PLANNEDDEVELOPMENT STANDARDS AND THE OVERALL DEVELOPMENTPLAN/CONCEPTUAL SITE PLAN FOR THE PROPERTY LOCATEDNORTHWEST OF THE INTERSECTION OF EAST 128TH AVENUE AND GRANTDRIVE (ROLLTNG HTLLS SUBDIV|S|ON, F|LTNG NO. 6). MOï|ON WASSECONDED BY COUNCILMEMBER MATKOWSKY AND PASSED BY AMAJORITY VOTE OF THE COUNCIL AS FOLLOWS:

Ayes: Kulmann, Matkowsky, Montoya, Nizam, Sandgren, Tade, and WilliamsNays: Phillips

An ordinance amending the City Council Policy regarding the Rules of Order andProcedure for Citv Council meetinqs to add a Moment of Silence.

Kristen Rosenbaum, City Clerk, provided information on this item

COUNCILMEMBER MATKOWSKY INTRODUCED, READ BY TITLE, ANDMOVED TO APPROVE AN ORDINANCE, ON FIRST READING, WHICH AMENDSTHE CITY COUNCIL POLICY REGARDING THE RULES OF ORDER ANDPROCEDURE FOR CITY COUNCIL MEETINGS TO ADD A MOMENT OFSILENCE. MOTION WAS SECONDED BY COUNCILMEMBER TADE,DISCUSSED, AND PASSED BY A MAJORITY VOTE OF THE COUNCIL ASFOLLOWS:

Ayes: Kulmann, Matkowsky, Montoya, Phillips, Tade, and WilliamsNays: Nizam and Sandgren

An ordinance adopting the third amendment to the 2019 Budget amending sectionone of Ordinance 3503, making appropriations for the City of Thornton, Colorado forthe fiscal year 2019 for all funds except that appropriations for ceñain individualprojects shall not lapse at year end but continue until the project is completed orcancelled.

Erika Senna, Budget Manager, provided information on this item

MAYOR PRO ÏEM KULMANN INTRODUCED, READ BY TITLE, AND MOVED TOAPPROVE AN ORDINANCE, ON FIRST READING, WHICH ADOPTS THE THIRDAMENDMENÏ TO THE 2019 BUDGFT AMENDING SECTION ONE OFORDINANCE 3503, MAKING APPROPRIATIONS FOR THE CITY OFTHORNTON, COLORADO FOR THE FISCAL YEAR 2019 FOR ALL FUNDSEXCEPT THAT APPROPRIATIONS FOR CERTAIN INDIVIDUAL PROJECTSSHALL NOT LAPSE AT YEAR END BUT CONTINUE UNTIL THE PROJECT ISCOMPLEÏED OR CANCELLED. MOTION WAS SECONDED BYCOUNCILMEMBER TADE AND PASSED UNANIMOUSLY.

c


D. Discussion reoardino Ralston House

Mayor Williams recused herself from ltem 1 1D due to a possible conflict of interestand handed the meeting over to Mayor Pro Tem Kulmann.

Mayor Williams left the Council Chambers at 8:54 p.m.

There was discussion by Council regarding the unused City funding for the RalstonHouse facility.

Joyce Hunt, Assistant City Manager, answered a question from Council regardingthe status of the unused funding.

There was further discussion by Council regarding the unused City funding and aconsensus to discuss the issue at the next Planning Session.

The City Manager answered questions from Council regarding the unused City fundsand what another municipality has done with its excess funds from Ralston House.

12. ADJOURNMENT

MOTION WAS MADE BY COUNCILMEMBER SANDGREN AND SECONDED BYCOUNCILMEMBER MONTOYA TO ADJOURN THE MEETING AT 9:01 P.M. MOTIONPASSED UNANIMOUSLY.

Respectfully submitted,

0^uók^o ã¡oofwCrystal \lsergent, ngfida and LicensingCoordinator

ATTEST:



COUNCIL COMMUNICATIONMeeting Date:

April 23, 2Ol9

Agenda ltem

9B

Agenda Location:

Consent Calendar

Goal(s):

,M/Legal Review:

_ 1st ReadingL2no Reading

subject: An ordinance amending Thornton city code section 1g-901 add a definition of "lndoortoShooting Range", amending SectionBusiness Park and Regional Commerciparking requ¡rements pertaining to thepertaining to "lndoor Shooting Range."

Recommended by: Jeff Coder E

Presenter(s¡: Grant Penland, Planning Director

18-160 to authorize additional permitted uses within thealZoning Districts, amending Section 18-596 to add off-street"lndoor Shooting Range" use, and enacting Section 18-333

Approved by: Kevin S. Woods nance previouslyintroduced by:

Tade

SYNOPSIS:

Article lV of the City Code regulates uses and the associated restrictions within the City. Within thisSection of the Code, lndoor Shooting Range is not included while similar uses sucfr as OutdoorShooting Range is. For all uses which are unlisted, Section 18-39 of the Code establishes requirementsfor Classification of New Use. A Classification of New Use is a request to add a new use along with theassociated regulations to the City Code through a Zoning Amendment process.

REGOMMENDATION:

Staff recommends Alternative No. 1, which approves the proposed Zoning Amendment to introduce an"lndoor shooting Range" use to the city code, with restrictions.

BUDG ET/STAFF IMPLICATIONS:

None.

ALTERNATIVES:

1. Approve the ordinance.2. Deny the ordinance.3. Approve the ordinance with specific conditions based on Council direction4. Continue the public hearing to another date to allow for revisions to the ordinance in response

to specific Council direction.

BAGKGROUND IANALYSIS/NEXT STEPS/HISTORÐ: (includes previous City Council action)

City Council discussed the proposed new City Code Sections at the Decembe r 4, 2018 and February12, 2019 Council Updates and provided direction to staff to bring fonruard an ordinance for formálconsideration at a future Council meeting.

When drafting the ordinance, staff researched several cities within and outside the State of Coloradoto obtain a better understanding of regulations imposed by these communities for simitar uses. Staffalso researched Federal Regulations for lndoor Shooting Ranges, including Environmental ProtectionAgency (EPA) and Occupational Safety and Health Administration (OSHA) requirements for lead


mitigation and ventilation systems. lt was determíned that construction, noise, and safety standardsand systems have been primarily created by, and are closely followed by, the shooting spórt industry.

Staff also researched the number of calls for service for similar uses within surrounding communities.This research reflects a very minor history of calls for service for lndoor Shooting Ranges, Most callswere for alarms or theft, and one specificaliy involved an intoxicated person. For reierencé, the researchshows that lndoor Shooting Range uses receive less calls for service than a typical bowling alley.

Glassification of New Use Analysis

Section 18-39(bX1) requires that regulations regarding a classification of new use shall address thefollowing information:

1. The defínition of the use.

The proposed amendment to Section 18-901 establishes a definition for lndoor Shooting Range.The following definition can be found in the attached draft ordinance:

lndoor shooting range means a totally enclosed facility designed to offer a controlledshooting environment that includes impenetrable walls, floor and ceiling, adequateventilation and lighting systems, and acoustical treatment for sound attenuation suitable forthe type and caliber of weapons approved for use at the facirity.

The zoning district within which the use is permitted.

Section 18-160 of the Code contains the use chart which regulates uses within the City. Staffrecommends that the proposed use be allowed by right in the Regional Commercial andBusiness Park zoning districts, as the proposed use is analogous with those currently allowedwíthin the zoning districts. One example of a similar use currently allowed by right within thezoning districts is Commercial Amusement - lnside. Staff considers both uses to-be similar asthey both allow activities which generally create a high level of noise within an enclosedenvironment. Staffs research supports this, as many surrounding communities which havelndoor shooting Ranges classify the use as indoor entertainment.

2


3. The required off-street parking.

Section 18-596 of the City Code establishes off-street parking requirements for individual uses.Staff recommends that the off-street parking requirements for the proposed lndoor ShootingRange use be consistent with the standards currently established for Outdoor Shooting Ranges.These standards require one and one-half spaces for each shooting station with a minimum offive spaces required for a single site.

4. The required off-street loading.

Section 18-596 also regulates the required off-street loading standards for uses. The currentregulations do not require any off-street loading for Outdoor Shooting Ranges and staff is notproposing to require off-street loading requirements for lndoor Shooting Ranges.

5. Any additional provisions reasonably necessary to regulate the use

Based on the research, staff determined that additional provisions were necessary to regulatethe proposed use to prevent the potential for noise and safety impacts associated with the use.The proposed ordinance enactment of Section 18-333 establishes these proposed restrictions.Staff recommends the distance between an indoor shooting range and any land used or zonedfor a residential use or used for a School shall be at least 350 feet. The proposed distance is thesame as what is required for Commercial Amusement - Outside uses. The distance separationis proposed to be measured in a straight line from the nearest property line of any land used orzoned for a residential use or a School to the nearest portion of the building an indoor shootingrange use occupies. This is the same method of measurement used for the separationrestrictions imposed on marijuana dispensaries within the City.

Legend:R = Permitted use by right

S = Use permitted by specific usepermit

L = Limited use permitted by rightï = Use permitted by temporary

use permit E=)(JLg,

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PArt IX. RetAiIand PersonalService Uses. REFER TO INDIVIDUAL USE SECTIONS FOR ADDITIONALREGULAT¡ONS.

lnOoor Snoot¡ng Ra

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Add¡t¡onal orovis


A new definition ofSchool is proposed with the Zoning Amendment, as there are currently similardefínitions within Section 18-901 of the code which do not correspond with the intent of theproposed lndoor Shooting Range restrictions. Staff is proposing to include the following definitionof School in Section 18-333 of the Code in association with the proposed ãeparationrequirement:

For purposes of this Section, "School" shall mean day care facilities for children, and/orprivate or public educational institutions that have a curriculum for preschool,kindergarten, elementary, and secondary education. The definition does not includeprivate or public postsecondary, technical, trade, or business schools.

ln addition to the separation requirement and School definition, the draft ordinance outlinesrequirements for the submittal of a safety operations plan, sound impact analysis, and anyFederal or State licensing or permits required to operate an lndoor Shooting Range. There aróalso conditions that require that certified plans, which show that the constructionit tne indoorshooting range will completely confine all ammunition rounds within the building in a controlledmatter, are submitted to the City.

Zoning Amendment Analysis

The proposed Zoning Amendment complies with the following criteria, which Council may considerwhen evaluating an amendment to the text of city code section 1g-41(c)(5):

1. The impact of the amendment on the character of the community.

The proposed Zoning Amendment supports a use which would provide a service to thegreater community. ln addition, the introduction of an lndoor Shooting Range use isappropriate for the Regional Commercial and Busíness Park zoning districts as ¡t iscompatible with the existing uses currenfly permitted by right.

2' The effect of the amendment on the orderly development of the community.

The proposed Zoning Amendment classifies a new land use and establishes associatedrestrictions for the use, which will improve the orderly development of the community. Theintroduction of an lndoor Shooting Range use supports cohesive development opportúnitiesand the ideals of orderly community growth and integration of the development withincommercial and business park areas.

3. The consistency between the proposed amendment and the Comprehensive Ptan.

The proposed Zoning Amendment supports the applicable goals and objectives ouflined inthe Comprehensive Plan:

Section 6.2 - lmportant needs

. Options - Everyone, no matter their trade or profession, can find work close to home.


Market Capture - Meet Thornton citizen's needs for retail and service activity.Broad Tax Base - Cultivate a strong and diverse tax base that will support high levelsof service to Thornton Citizens.

Policy 6.2.1 - Promote the development and maintenance of healthy, sustainable, and viablecommercial centers

4 The proposed amendment's consistency with the purposes of the Code as outlined in Section18-3.

Staff believes the proposed amendment is consistent with the purposes of the Code as it isconsistent with the Comprehensive Plan and promotes the health, safety, and general welfareof the City. The development standards in the Code and the use restrictions proposed in theZoning Amendment will adequately prevent any potential adverse impacts associated withthe use.

PUBLIC NOTICE D RESPONSE:

Public Notification: A public notice of the hearing was published on the City's official website onMarch 27,2019 and at City Hall, the Margaret W. Carpenter Recreation Center, and the Thornton ActiveAdult Center on March 28,2019.

a

o


AFFIDAVIT OF POSTING

LEGAL NOTICE OF PUBLIC HEARING

State of Colorado

County of Adams

l, Sheri Woodson, being first duly sworn upon oath depose and say that I did, on March 27,2019, post legal

notice of the City Council of the City of Thornton, CO, for a public hearing regarding a Code Amendment concerning

the introduction of an indoor shooting range use, PL2201801256, by the City Council. This hearing will be held on

April 9, 2019 at 7:00 p.m. at the Thornton City Hall in the Council Chambers, 9500 Civic Center Drive, Thornton CO.

The legal notice was posted at the following location, pursuant to City Code Section 2-1:

1. Thornton'sofficialwebsite,vrrww.cityofthornton.net

Signed: ,l.L^o,r ,l l.)

)

))

SS

l\ ¿,

Title: Administrative Specialist lll

eby .i h¿", Lc

4q

ln the County of Adams, State of

Date: ?-el

Subscribed and sworn toColorado, ThisJ T day

Notary Public

before mof lhr-:'," c.h

(



PUBLIC NOTICE

State of Colorado

County of Adams

l, Lori Leppek, being first duly sworn upon oath depose and say that I did, on March 27. 201g, post the

PUBLIC NOTICE of the City Council of the City of Thornton, Colorado, for the Public Hearing concerning an

ordinance amending Sections 18-901, 18-160, 18-596, and enacting Section 18-333 of the City Code concerning

the introduction of an "lndoor Shooting Range" use to the City Code. The proposed ordinance would permit

"lndoor Shooting Range" uses to be permitted by right in the Regional Commercial and Business Park zoning

districts with restrictions. This hearing will be held on April 9, 2019 al7:00 p.m. at the Thornton City Hall in the

Council Chambers, 9500 Civic Center Drive, Thornton, Colorado, a copy of which posted Notice is attached

hereto and has been posted at the following locations:

1. Thornton City Hall, 9500 Civic Center Dr.

2. Margaret w. carpenter Recreation center, 11151 colorado Blvd.

3. Thornton Active Adult Center, g4Tl Dorothy Blvd.

SS.)))

t

Signed: Date: 6ð \q

Subscribed and sworn to before me by Lori Leppek, in the County of Adams, State of Colorado, tnis $day ofN\erch ,20 l'1.

Notary Public My Commission Expires

oglrzl2oet


NOTICE OF PUBLIC HEARINGPL2201801256

The Thornton City Council will hold a public hearing concerning an ordinance amendingSections 18-901, 18-160, 18-596, and enacting Section 18-333 of the City Code conceining theintroduction of an "lndoor Shooting Range" use to the City Code.

The proposed ordinance will authorize "lndoor Shooting Range" uses to be permitted by right,with restrictions, in the Regional Commercial and Business Park zoning districts.

This hearing will be held on April g, 2019 al7:00 p.m. at the Thornton City Hall in the CouncilChambers, 9500 Civic Center Drive, Thornton, Colorado.

The City Council agenda is on the City of Thornton website at vrnruw.cityofthornton.net.

A copy of the Development Code (Chapter 18 of the Code of the City of Thornton) and the ZoningMap are on file with the City Clerk of the City of Thornton for inspection by any interested person.Further, any interested person may appear at this hearing or may communicate questions orconcerns to the City Council in writing. Written communications may be received prior to, or duringthe public hearing.

CITY COUNCIL OF THECITY OF THORNTON, COLORADO


ATTEST: Kristen N. Rosenbaum, City ClerkAPPROVED AS TO FORM: Luis A. Corchado, City Attorney

V:\PROJECTS\TruFireV\TruFire Classification of Use PL2201801256\Councit Docs\Aprit g Pubtic Hearing\Rotting Hitts OntineNotice.doc

INTRODUCED BY: Tade

AN ORDINANCE AMENDING THORNTON CITY CODE SECTION 18-901 TO ADD ADEFINITION OF "INDOOR SHOOTING RANGE', AMENDING SECTION 18-160 TOAUTHORIZE ADDITIONAL PERMITTED USES WITHIN THE BUSINESS PARK ANDREGIONAL COMMERCIAL ZONING DISTRICTS, AMENDING SECTION 18.596 TOADD OFF-STREET PARKING REQUIREMENTS PERTAINING TO THE "INDOORSHOOTING RANGE' USE, AND ENACTING SECTION 18-333 PERTAINING TO.'INDOOR SHOOTING RANGE.'

' WHEREAS, the City is a home-rule municipality organized and existing under theprovisions of Colorado Constitution Article XX; and

WHEREAS, pursuant to the Constitution, and as further authorized by State Statutes,including, but not limited, to C.R.S. Section 31-15401, the City has broad authority toexercise its police powers to promote and protect the health, safety, and welfare of thecommunity and its residents; and

WHEREAS, such police powers include the power to regulate the nature and type ofbusinesses allowed within such community; and

WHEREAS, the City Council desires to include "lndoor Shooting Range" as a useallowed by right within the Business Park (BP) and Regional Commercial (RC) zoningdistricts, as the proposed land use is appropriate within the BP and RC districts and isharmonious with other land uses presently allowed within the BP and RC districts, suchas Commercial amusement-insíde and Private recreation center, club, or area; and

WHEREAS, the City Council desires to establish criteria for "lndoor ShootingRange" uses in order to mitigate potential impacts on nearby residential and school landuses; and

WHEREAS, the City Council finds these City Code amendments are necessary topromote the public health, safety, and welfare of the citizens.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYOF THORNTON, COLORADO, AS FOLLOWS:

It is found that the Applicant and the City have complied with the requirementsof Sections 18-39 and 18-41 of the Thornton City Code pertaining'to theclassificatíon of the new use.

Section 18-901 of the Thornton City Code is hereby amended by the additionof the words double-underlined to read as follows:

1

2

3

Sec. 18-901. - Definitions.

ln¿oorsfroottng range m faejlitlldesignedto offer a contro|Iedshoot¡ng environrc impenetrable wallventiletion-and_ltshtng-suifaþlelolthc-tvpqand caliber of weap aBpraved for use at the facifu


Sec. l8-160. - Use chart.

This chart identifies the uses allowed in the listed zoning districts. Additionalregulations may be referenced in the chart or in the zoning district regulations inArticle lll.


4

2

Legend:R = Permitteduse by right

S=Usepermitted byspecific use

permitL = Limited use

permitted byright

ï=Usepermitted by

temporary usepermit

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Part lX. Retailand PersonalService Uses. REFER TO INDIVIDUAL USE SECTIONS FORADDITIONAL REGULATIONS.

lndoorShootinoBaase

B R

Additiona| provis 18:300_and_18.333,

5

Sec. 18-596. - Off-Street Parking and Loading Requirements Chart.

A new section, Section 18-333 of the Thornton City Code is hereby enacted toread as follows:

Sec. 18-333. - lndoor shooting range

(a) The distance between an indoor shooting range and any land used or zonedfor a residential use or used for a School shall be at least 350 feet. Thisdistance shall be measured in a straight line from the nearest property lineof any land used or zoned for a residential use or a school to the nearestportion of the building occupied by an indoor shooting range use, withoutregard for intervening structures or objects. For purposes of this provision,planned development districts shall be considered in the spacingrequirements if the property is designated to include residential uses or aSchool.

(b)

(c)

(1)

(2)

(3)

ln addition to the required application requirements specified in Section 18-31 or Section 10-61 , the following additional information shall be submittedfor this use:

A safety operations plan

A sound impact analysis

Any Federal or State licensing or permits required to operateshooting range shall be submitted to the city prior to issuance of theCertificate of Occupancy.

The design and construction of the indoor shooting range shall completelyconfine all ammunition rounds within the building and in a controlledmanner. The design and construction of the shooting range shall beperformed by a registered engineer. The certified plans shall include thespecifications and construction of the bullet trap(s), ceilings, exterior and

3

Off-Street Parking and Loading Requirements

UseRequired Off-Street

ParkingRequired Off-Street

Loading

rart lX. Retailand PersonalService Uses

lnOoor snoot¡ng ra One anO one-half soshootino station: a minimum of five

spaeeriuequired=

Nonc,

interior walls, and floors. The certified plans shall specify the type andcaliber of ammunition that the range is designed to totally confine.

(d) No ammunition shall be used in the indoor shooting range that exceeds thecertified design and construction specifications of the gun range.

(e) For purposes of this Section, "School" shall mean day care facilities forchildren, and/or private or public educational institutions that have acurriculum for preschool, kindergarten, elementary, and secondaryeducation. The definition does not include private or public postsecondary,technical, trade, or business schools.

lf any portion of this ordinance is held to be unconstitutional or invalid forany reason, such decision shall not affect the constitutionality or validity ofthe remaining portions of this ordinance. City Council hereby declares thatit would have passed this ordinance and each part hereof irrespective of thefact that any one part be declared unconstitutional or invalid.

All other ordinances or portions thereof inconsistent or conflicting with thisordinance or any portion hereof are hereby repealed to the extent of suchinconsistency or conflict,

The repeal or amendment of any provision of the Code by this ordinanceshall not release, extinguish, alter, modify, or change in whole or in part anypenalty, forfeiture, or liability, either civil or criminal, which shall have beenincurred under such provision, and each provision shall be treated and heldas still remaining in force for the purpose of sustaining any and all properactions, suits, proceedings, and prosecutions for the enforcement of thepenalty, forfeiture, or liability, as well as for the purpose of sustaining anyjudgment, decree, or orderwhich can or may be rendered, entered, or madein such actions, suits, proceedings, or prosecutions.

9. This ordinance shall take effect upon final passage

INTRODUCED, READ, PASSED on first reading, ordered posted in full, and titleordered published by the City Council of the City of Thornton, Colorado, onApril 9,20'19.

PASSED AND ADOPTED on second and final reading on 2019

6

7

I

4



ATTEST


THIS ORDINANCE IS ON FILE IN THE CITY CLERK'S OFFICE FOR PUBLICINSPECTION.

APPROVED AS TO LEGAL FORM

Luis A. Corchado, City Attorney

PUBLICATION:

Posted at City Hall, Margaret W. Carpenter Recreation Center, and Thornton Active AdultCenter after first and second readings.

Published on the City's official website after first reading on April 10, 2019, and aftersecond and final reading on ,2019.

5

Meeting Date:

April 23, 2019

Agenda ltem:

9C

Agenda Location:

Consent Calendar

Goal(s): Review:lsrReading

Å 2no Reading

subject: An ordinance adopting the third amendment to the 2019 Budget amending section one ofOrdinance 3503, making appropriations for the City of Thornton, Colorado for the fiscal year 2019for all funds except that appropriations for certain individual projects shall not lapse at year end butcontinue until the project is completed or cancelled.

Recommended by: Robb Kolstad lZ bPresenter(s¡: Erika Senna, Budget Manager


wOrdinance previouslyintroduced by:

Kulmann

COUNCIL COMMUNICATION

SYNOPSIS:

This ordinance is for the third amendment to the 2019 Budget and authorizes funding for the designof the York Street Bridge over Big Dry Creek as well as the conversion of a contract employee to a.75 full-time equivalent (FTE).

RECOMMENDATION:

Staff recommends Alternative No. 1 , approval of the ordinance amending the 2019 Budget.

The 2019 Budget, which authorizes expenditures of $323,637,744, is proposed to increase by$630,000. The amended budget will be $324,267,744. The budget amendment will accomplish thefollowing:

1. Appropriate $630,000 in the Governmental Capital Fund to fund the design of the York StreetBridge over Big Dry Creek. The existing two-lane bridge is at the end of its useful life, does notconvey the 1O0-yearflood, and is a known safety hazard to drivers. This bridge will be built inphases over the course of the next three years: design in 2019, permitting in 2020, andconstruction in 2021.

2. Convert the contract Project Accountant position to a .75 FTE Financial Analyst. The ProjectAccountant has worked for several years under a contract position with an ongoing andconsistent workload.


Funding for the design of the York Street Bridge is provided for by a developer agreement withCundall Farms. ln total, Cundall Farms has agreed to a cash-in-lieu payment of $4.5 million towardsthe construction of the York Street Bridge. This payment was received by the City in November of2018 and will help fund the design, permitting, and construction of the three-year project.

Additional funding needed for the conversion of the contract employee to an FTE position is minimaland will be funded with the current 2019 payroll budget.

The budget amendment will result in an additional .75 FTE, increasing the authorized staffing level inthe 2019 Budget from 1051.5 FTE positions to 1052.25 FTE positions. This is a change from the firstreading of this budget amendment, which incorrectly stated total new FTE positions at 1047.25.


ALTERNATIVES:

1. Approve the ordinance amending the 2019 Budget.2. Do not approve the ordinance amending the 2019 Budget

BACKGROUND (ANALYSIS/NEXT STEPS/HISTORï: (includes previous City Council action)

City Council approved Ordinance 3503 making appropriations for the 2019 Budget on November 27,2018.

City Council approved Ordinance 3518 adopting the first amendment to the 2019 Budget on February12,2019.

City Council approved Ordinance 3519 adopting the second amendment to the 2019 Budget onFebruary 26,2019.

INTRODUCED BY Kulmann

AN ORDINANCE ADOPTING THE THIRD AMENDMENT TO THE 2019 BUDGETAMENDING SECTION ONE OF ORDINANCE 3503, MAKING APPROPRIATIONS FORTHE CITY OF THORNTON, COLORADO FOR THE FISCAL YEAR 2019 FOR ALL FUNDSEXCEPT THAT APPROPRIATIONS FOR CERTAIN INDIVIDUAL PROJECTS SHALL NOTLAPSE AT YEAR END BUT CONTINUE UNTIL THE PROJECT IS COMPLETED ORCANCELLED.

WHEREAS, the City Council is required to adopt a budget for fiscal year 2019; and

WHEREAS, the City Council has adopted a budget for fiscal year 2019 and desiresto amend the budget to appropriate additional funds.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFTHORNTON, COLORADO, AS FOLLOWS:

1. That Section 1 of Ordinance 3450 is hereby amended as follows

General Governmental Funds$136.565.123 $- $136.565.123General Fund

630.000 29.239,135Governmental Capital Fund 28,609,135$165.804.258Subtotal $165.174,258 $630,000

lnternalService Funds$6.229.133Risk Manaoement Fund $6.229.133 $-

Subtotal s6.229.133 $ $6.229,133Special Revenue Funds

$3,547,675Adams Countv Road and Bridge $3,547,675 $-1.272.400Adams Countv Ooen Soace 1.272.400

Conservation Trust 1.564.592 1,564,592Parks 450.000 450,000

1.592.270 1.592.270Open Space$40.588.313Parks and Open Space 40,588,313

67.673Cash ln Lieu 67,673s49.082.923Subtotal $49.082.923 $-

Enterprise FundsWater Fund $77.368.820 $- $77,368,820

16.802.556 16,802,556Sewer Fund5.649.465 5,649,465Environmental Services Fund

3,330,589Storm Water Fund 3,330,589$- s103.151.430Subtotal $103.151.430

s324.267.744Total All Funds $323.637,744 $630,000

2019Budget

2019 AmendedBudgetFund Change

lf any portion of this ordinance is held to be unconstitutional or invalid for anyreason, such decision shall not affect the constitutionality or validity of theremaining portions of this ordinance. City Council hereby declares that itwould have passed this ordinance and each part hereof irrespective of thefact that any one part be declared unconstitutional or invalid.

All other ordinances or portions thereof inconsistent or conflicting with thisordinance or any portion hereof are hereby repealed to the extent of suchinconsistency or conflict.

The repeal or amendment of any provision of the Code by this ordinance shallnot release, extinguish, alter, modify, or change in whole or in part anypenalty, forfeiture, or liability, either civil or criminal, which shall have beenincurred under such provision, and each provision shall be treated and heldas still remaining in force for the purpose of sustaining any and all properactions, suits, proceedings, and prosecutions for the enforcement of thepenalty, forfeiture, or liability, as well as for the purpose of sustaining anyjudgment, decree, or order which can or may be rendered, entered, or madein such actions, suits, proceedings, or prosecutions,


INTRODUCED, READ, PASSED on first reading, ordered posted in full, and titleordered published by the City Council of the City of Thornton, Colorado, onApril 9,2019,

PASSEDANDADoPTEDonsecondandfinalreadingon-,2019



ATTESÏ:




2

3

4

2


PUBLICATION

Posted at City Hall, Margaret W. Carpenter Recreation Center, and Thornton Active AdultCenter after first and second readings.

Published on the City's officialwebsite afterfirst reading onApril 10,2019, and aftersecondand final reading on 2019

3

COUNCIL GOMMUNICATION

SYNOPSIS:

The financial report for the two-month period ending February 28,2019 is attached

RECOMMENDATION:

For informational purposes only.

BUDGET/STAFF IMPLICATIONS:

None

ALTERNATIVES:

For informational purposes only.

BACKGROU ND (ANALYSIS/NEXT STEPS/HISTORY): (includes previous City Council action)

None.

Meeting Date:

April 23, 2019

Agenda ltem:

9I)

Agenda Location:

Consent Calendar

Goal(s) Legal Review:

N/A _ 1.t Reading_2nd Reading

Subject: Monthly Financial Report for February 2019

Recommended by: Maria Ostrol1\O. Approved by: Kevin a YfOPresenter(s): Maria Ostrom, Firíânce Director ff

S Ordinance previouslyintroduced by:

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Monthly F¡na ncial ReportFebruary 2019

GENERAL FUND

. Provides core City services including publicsafety, fire and emergency medicalresponse, street maintenance, parks andrecreation, building permits, and planning.

Note (1): The City closed the Consolidated Services Fund on 11130/18 and thelnformation Technology, Reprographics, and Maintenance Services Funds ont/I/19. Beginning in 20t9, these costs will be reported as divisions within theGeneral Fund. For comparison purposes, 2018 activity related to these inactivefunds is included with the General Fund.

2

Statement of Revenues, Expenses, and Changes in Fund Balance

For Month Ending February 28,z0tg and 2019

GeneralFund

2018 (11 20t9 2019 Budeet

Revenues

Sales, Use & Other Taxes

Property Tax

Licensing & Permits

Gra nts & I ntergovernmenta I

Charges for Services

Other Revenues

Total Revenues

Expenses

Genera I Government

Police

Fire and Ambulance

City Development

Streets, Traffic and engineering

Community Services

Total Expenses

s 7,622,354 s

264,240

1,342,246

477,525

2,669,298

489 904

12,864,567

7,380,423 s

118,884

832,319

5L8,422

2,849,059

93,959,7t4

13,301,8L7

5,473,200

9,064,489

t5,3L0,284

3,244,880787 999

L2,487,L06 r39,354,384

4,895,037

4,25L,504

2,393,699

844,353

L,ogg,5og

t,4Lt,9L9

5,540,496

4,253,708

2,L90,t89

9rr,423

L,203,756

L,559,474

36,446,303

37,7L2,657

18,439,360

9,493,595

L2,469,586

22,482,602

L4,886,020 15,648,035 L36,O44,L03

Net Transfers ln 1,,549,360 941,661 5,029,245

Change in Fund Balance $ (473,093) $ 12,2L9,2681 $ 8,399,s26

GOVERNMENTALCAPITAL FU N D

. Capital improvement projects that supportthe malntenance and expansion of the City'score services.


For Month Ending February 28,20L8 and 2019

Govern mental Capital

Revenues

Sales, Use & Other Taxes

Gra nts & I ntergovernmental

Other Revenues

Total Revenues

CapitalOutlay

Debt

Contra ctua I Obligations

Total Expenses

Transfers ln

Change in Fund Balance

2018 20t9 2019 Bu et

s s t,203,8O2 s

4L8,825

23L,TI9

1,090,2r8

75,000

tt7,325

r0,7L2,t65

7,702,557

2,023,765

L,282,543 L,853,746 20,438,487

2,957,636 208,64r

34,969

50,544,829

4,554,406

2,354,r27

2,857,636 243,6tO 57,453,362

1,269,537

s (1,575,093) s L,6ilO,L36 $ (35,745,338)

3

SPECIAL

REVEN U E

FUNDS

. The Adams County (ADCO) Road & Bridge and ADCOOpen Space, Parks, Open Space, Parks and Open Space,Conservation Trust, Cash ln Lieu, and Thornton Arts,Sciences and Humanities Council, lnc. (TASHCO) fundsaccount for revenue that must be used for specificpurposes, including recreational amenities andtra nsportation im provements.

. The L36th Avenue GID General lmprovement District(GlD) Fund accounts for property tax collected in theproject area to reimburse the general government forthe build out of the interchange.

. The E-9L1 Fund accounts for collection of surcharges tohelp cover the cost of emergency communications.

. The Risk Fund accounts for worker's compensation,property casualty, liability, dental, and vision claims.


For Month Ended February 28,2019

SpecialRevenue

ADCO Road & Bridge $

ADCO Open Space

Pa rks

Open Space

Parks & Open Space

Conservation Trust

Cash ln Lieu

TASHCO

24,295 s

4,530

5,947

L22,332

744,460

3,839

6,294

L,t24

24,287

(64,9271

5,947

t22,332(2,48t,329)

(26,563)

6,294

(7tzl'

$ g,g2o,44g

3,661,726

L,L74,926

5,111,909

68,232,659

2,07r,42L

L92,733

94,4061,836

Revenues Expenses

Change i n

Fund Balance

3,225,799

30,402

8s69,45L

2019 Budgeted

Expenses

OTHER

FUNDS


For Month Ended February 28,20L9

Other Funds

L,457,3L6

Revenues Expenses

Change in

Fund Balance

136th GtD

E-9L1_

Risk

L72

93,9L4

t,467,505

172

93,9L4

10,189

20L9 Budgeted

Expenses

62,600

L,200,000

6,229,t33

4

Arts & Culture in ThorntonTASHCO and the Arts &Culture Division co-hostedthe Visual Mantras Receptionat the Oz Gallery in theThornton Arts & CultureCenter (TACC). The art exhibitspanned the month ofFebruary and into March andfeatured a full sensoryexperience of twenty-twoworks arranged in the gallery

according to the colorspectrum, each with a piece

of music composed by theartist, M.D. Friedman.

Visual Mantras by M.D. Friedman

TASHCO (the Thornton Arts. Sciences and Humanities Council) is a non-profitcorporation, a wholly owned subsidiary of the City, with a vision to capture thehearts and minds of residents and enhance the quality of life through exposureand involvement in the arts.

The Arts and Culture Division of the Community Services Department has a2OL9 operating budget of Sa00K with three full-time staff dedicated to creatingan inclusive arts community in Thornton.

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THORNTONDEVE LOPM ENT

AUTHORITY(rDA)

. An Urban Renewal Authority established tofinance the design and construction of variousimprovements within the TDA s boundaries.


Forthe Year Month Ended February 28,2019

Thornton Development Authority Funds

Change in Fund

Revenues Expenses Balance

TDA South

TDA North

TDA 144th

S 30,541, S

433,794

143,044

53,045 s

933,392

236,761,

(22,s041'

(499,588)

(93,717)

2019 Budgeted

Ex pen s es

S Lsos,oz427,464,603

3,404,033

6

ENTERPRISE

FUNDS

. Supports the operation, maintenance, andexpansion of the City's wateç sewer, andsanitation utilities.

Statement of Revenues, Expenses, and Changes,in Net Position

For Month Ending February 28,zOLg and 2019

Revenues Expenses

2019Budgeted

Expenses

Change in Net

Position

WaterSewer

Sanitation

8,L35,612

T,95O,TIL

566,301

5,402,467

639,6M

680,476

2,733,L45

L,3t0,468(tt4,L75l

208,571.,002

31,733,536

5,690,697

Water Rate Changeln January 2019, water rates increased bV 3%. This increase ensures therewill be adequate funding to cover ongoing operations of the water utility.

Sewer Rate ChaneeSewer rates increased L.5% in January 2OL9 as a result of an increase infees charged by the Metro Wastewater Reclamation District (Metro) fortreatment of the City's sewage flows.

7


April 23, 2019

Agenda ltem

9E

Agenda Location:

Consent Calendar

Goal(s): Review:l't Readino

_2nd Reading

subject: A resolution approving an lntergovernmental Agreement betwäen the City and the City andCounty of Denver for use of grant money authorized by the United States Department of HomelandSecurity awarded through Urban Area Security lnitiative grants.

Approved by:Recommended by: Gordon Olson 3CPresenter(s¡: Gordon Olson, Fire Chief

Kevin S. Woods

K/Ordinance previouslyintroduced by:

SYNOPSIS:

The City and County of Denver is responsible for administering the United States Department ofHomeland Security grants that are awarded through Urban Area Security lnitiative (UASI). The purposeof the UASI is to allow the Denver area to prepare for and to enhance its capacity to prevent, mitigate,respond, and recover from terrorist attacks by providing funding for training and equipment.

The City has been awarded over $60,000 in equipment from 2O1S funds. Having a currentlntergovernmental Agreement (lGA) will ensure appropriate closing of the 2015 equipment purchaseand allow for future opportunities to collaborate in UASI funded projects. The City is a key participantin the regional computer aided dispatch (CAD) project which is funded in part by a 2018 UASI grant.Maintaining this IGA will allow the City to continue participating in the CAD-Io-CAD project.

RECOMMENDATION:

Staff recommends Alternative No. 1, approval of the lGA, which will allow the City to continue beíng apart of the UASI working group.

BU DG ET/STAFF I M PLIGATIONS :

This IGA will give the City Police and Fire Departments access to Homeland Security grants for trainingand equipment to enhance its abilities to respond to emergency situations.

ALTERNATIVES:

1. Approve the resolution allowing the City to continue to receive UASI grant funds.2. Do not approve the resolution which would stop the City from receiving any UASI grant funds.

BACKGROUND IANALYS NEXT STEPS/HISTOR$: (includes previous City Council action)

ln 2006, the City entered into the original IGA with the City and County of Denver and has been awardednumerous grants.

The City has indirectly benefited from this program by receiving funding for safety and communicationequipment that enables the public safety personnel the capability of regional responses.

Additionally, the UASI funding has paid for training and equipment for regional teams (i.e. North AreaTech Rescue) and is funding a portion of the CAD{o-CAD project to connect the City, Adams CountyCommunication Center, Westminster, and Broomfield dispatch centers.

RESOLUTION

A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENTBETWEEN THE CITY AND THE CITY AND COUNTY OF DENVER FOR USE OFGRANT MONEY AUTHORIZED BY THE UNITED STATES DEPARTMENT OFHOMELAND SECURITY AWARDED THROUGH URBAN AREA SECURITYINITIATIVE GRANTS.

WHEREAS, the U.S. Department of Homeland Security has awarded UrbanArea Security lnitiative (UASI) grant money to the State of Colorado, which grant fundswill be administered by the City and County of Denver (Denver) to enhance Denver'sability to prepare for and respond to terrorist attacks of all varieties, coordinate withlocal emergency personnel to respond to such incidents, and to acquire equipmentand training to enhance Denver's ability to respond; and

WHEREAS, the grant funds are awarded through separate UASI Grant awardsto be available to other surrounding jurisdictions for the same purpose; and

WHEREAS, in 2006, the City entered into the original lntergovernmentalAgreement (lGA) with Denver, has been awarded numerous grants, and desires tocontinue being a recipient of these funds; and

WHEREAS, the IGA entered into between the City and Denver in June 2009expired on December 31, 2018; and

WHEREAS, the City wishes to enter ínto the attached lntergovernmentalAgreement as an Agency to secure and continue to receive grant funds awarded underUASI for emergency preparedness efforts including coordination with Denver andother participating municipal jurisdictions, joint training, continuation of the regionalcomputer aided dispatch (CAD) project, and acquisition of equipment as necessary;and

WHEREAS, this agreement will give the City Police and Fire Departmentsaccess to Homeland Security grants for training and equipment to enhance its abilitiesto respond to emergency situations; and

WHEREAS, the attached IGA must be authorized to allow the City to renew itsstatus as a participating jurisdiction and accept grant funds available to promote thepublic health, safety, and welfare of the citizens.


The IGA between the City and Denver for use of grant money authorizedthrough USAI Grants, in the form attached, is hereby approved.

1

The City Manager is hereby authorized to execute, and the City Clerk toattest on behalf of the City, this lGA.

PASSED AND ADOPTED at a regular meeting of the City Council of the City ofThornton, Colorado, on ,2019.



ATTEST


2

2

INTERGOVERNMENTAL AGREEMENT(Urban Area Security Initiative)

THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is between theCITY AND COUNTY OF DENVER, a municipal corporation of the State of Colorado("Denver") and City of Thornton, located at 9500 Civic Center Drive, Thornton, Colorado 50229("Agency"),

RECITALS

A. In 2002, the Homeland Security Act established the Homeland Security Grant Program.Denver has been identified as an eligible candidate of the Urban Area Security Initiative("UASI") progrâm since the 2003 funding cycle.

B. Denver's continued eligibility has been determined through an analysis of relative risk toterrorism faced by the 100 most populous Metropolitan Statistical Areas ("MSAs") in theUnited States. Federal guidance mandates award by the state to the designated localrecipient identified in congressional appropriations.

C. The purpose of the UASI program is to assist high+hreat, high-density Urban Areas inefforts to build, sustain, and deliver the capabilities necessary to prevent, protect against,mitigate, respond to, and recover from acts of terrorism.

D. Participation in the UASI program requires that all parties fully implement the NationalIncident Management System ("NIMS") and National Preparedness Doctrine to includedevelopment across the 32 Core Capabilities as defined by FEMA's NationalPreparedness Goal of 2015 or future iterations thereof.

E. Urban Areas are required to complete a Threat and Flazard ldentification RiskAssessment ("TfllRA") and Stakeholder Preparedness Review (SPR) annually andprioritize grant funding to support closing capability gaps identified in this process.

F. Agencies entering into this Agreement are considered by Denver as subrecipients

NOW, THEREFORE, the parties hereby agree as follows:

I. PURPOSE.

The purpose of this Agreement is to provide for the distribution of UASf grant fundsthrough planning, organizing, equipping, training and exercising (POETE) activities toeligible entities, and to further the purposes of the UASI program. At the time ofexecution of this Agreement, the parties anticipate that the FYl S UASI grant will be usedto fund POETE activities to close gaps in the 32 Core Capabilities. This Agreement issubject to the terms of that UASI grant, a copy which is incorporated and attached asExhibit A. This Agreement may be amended to include future grant activities authorizedby applicable grant guidance. Future amendments must be signed by a person(s) duly

ICity of Thornton201947392-0A

authorized to validly bind eligible entities prior to new POETE activities commencing.

2. DEFINITIONS.

a. Capabilíty and Capabilities refer to the 32 Core Capabilities across 5 missionareas defined by FEMA's National Preparedness Goal of 2015 or futureiterations thereof.

b. Core City is defined by the UASI grants as the City and County of Denver.

c. Core Counly is defined by the UASI grants as the City and County oiDenver.

d. All references to Grant Agreement(s) or grant agreement(s) means theColorado Department of Public Safety, Division of Homeland Security andEmergency Managernent ("DHSEM") Agreement between Denver and theColorado Department of Public Safety, including amendments thereto, andany earlier and later agreements, through which U.S. DI{S UASI grants wereor are passed through from the State to Denver that are used to fund thisAgreement.

e Incident or Incidents mean emergencies resulting from man-made,technological or natural hazards or threats including all terrorist attacksinvolving chemical, biological, radiological, nuclear, explosive (CBRNE),incendiary, electromagnetic, or cyber weapons.

f. Include, includes, anó tncluding arc to be read as if followed by the words"without limitation" unless specifically qualified by words of limitation.

g. Mission Area(s) are defined by national Preparedness Goal 2015 asProtection, Prevention, Mitigation, Response, and Recovery.

h. Party and parties, regardless of whether capitalized, refer only to the namedparties to this Agreement.

POETE means Planning, Organization, Equipment, Training and Exerciseactivities.

j. ,SP¡R means Stakeholder Preparedness Review as def,rned by ComprehensivePreparedness Guide 201 version 3 published in May 2017 or future iterationsthereof.

k. State means the State of Colorado

State Administrative Agerccy Point of Contact means the person designated bythe Governor of the State of Colorado to be responsible for the managementof the UASI program or such other person of the State agency, department, ordivision duly designated by the State.

2City of Thornton201947392-40

m. Subrecipients means a non-Federal entity that receives a subaward from apass-through entity to carry out part of a Federal program; but does notinclude an individual that is a benefìciary of such program.

n. THIRA means Threat and Hazard Identification and Risk Assessment asdefined by Comprehensive Preparedness Guide 201 version 3 published inMay 2017 or future versions thereof.

o. UASI means Urban Area Security Initiative.

p. U.S. DHS means the United States Department of Flomeland Security.

q. Urban Area means the City and County of Denver and surroundinggovernmental and quasi-governmental jurisdictions that provide homelandsecurity, emergency management, or capabilities defined under the NationalPreparedness Goal.

r. Urban Area ï(orking Group ("UAWG ') means representatives as set furth inthe Charter, as the same may be periodically amended. The Urban AreaWorking Group is responsible for coordinating the development andimplementation of all program initiatives as authorized by program guidance

3. ROLES AND RESPONSIBILITItrS.

Denver, as the Core City and County of the UASI program, within the State ofColorado:

i. ts the fiscal agent and fiduciary authority of the UASI program award,and thereby solely responsible for ensuring compliance with 2 CFR200 - Uniform Administrative Requirements, Cost principles andAudit Requirements for Federal Awards Uniform Guidance issued bythe Federal Office of Management and Budget (*OMB"), includingreview of fiscal risk on the Agency and determining eligibility forcurrent and future UASI funding.

íi. Shall serve as the sole procurement and coordination agency forPOETE activities to include goods, supplies, equipment, and servicesprovided under the UASI program, unless Denver determines a jointprocurement and/or coordination process is beneficial for completing aUASl-funded activity. Procurement and/or coordination of POETEactivities shall be made in accordance with the budget and Denver'sown procurement laws, regulations, and policies.

b. Agency shall:

i. Provide proof of adoption and implementation of the National IncidentManagement System (NIMS) prior to full execution of this

JCity of Thornton201947392-00

lv

v

Agreement. {Either NIMS adoption documentation or a memo onagency letterhead self-certifying that the agency is NIMS compliant)

ii. Complete a fiscal risk assessment prior to each UASI activityimplementation. Exhibit B.

iii. Ensure that applications of iunding for POETE activities supportclosing capability gaps identified in the UASI THIRA/SPR.

Comply with all terms of each grant agreement and UASI grants fromwhich it receives any goods, equipment, or services, includingreimbursement for any reason.

\Submit to recurring, and or unannounced inspections of POETEactivities, records, and reports.

vÌ, Concur that this Agreement does not wârrant or guarantee entities willreceive any specific POETE activity, including planning, organization,equipping, training, or exercise opportunity. The Agency understandsthat it may receive POETE activities depending upon the approvedbudget, fTscal assessment, and its ability to take advantage of thePOETE activities in a timely manner.

Planning activities:

vii. Actively participate in the annual THIRA/SPR process, includingcompletion of provided forms and requests for information.

viii. Participate in UASI planning and inter-agency coordination efforts,and adopt UASI plans and/or planning frameworks through eitherformal adoption or integration into existing agefiçy plans, policies,and/or procedures.

ix. Develop, document, and maintain policies, procedures and systems toupdate and maintain plans provided through the UASI grant andreview them annually to ensure compliance with this Agreement.

Organizing activities:

X Assign a project point of contact to act as the agency representative forall aspects of any funded UASI activities that directly involve theAgency

xi. Develop and implement organization of Agency personnel to utilizethe goods, equipment, and services provide through POETE activities.

Equipping activities:


xii. Accept title to and delivery of equipment, other tangible goods, and/orservices at the place designated by the purchase order or contract.

xiii. Notily the UASI program stalf upon receipt of goods, equipment,and/or services, including providing any paperwork requested byUASI stafland tagging equipment with UASI tags as provided for bythe UASI program office.

xiv. Develop, implement, maintain, and monitor equipment policies,procedures, or systems and review ât least annually to ensurecompliance with Federal Uniform Guidance 2 CFR 200.313 to trackand inventory all equipment and goods provided through thisAgreement.

xv. Accept goods or services provided to it under this Agreement;provided that the Agency shall retain all legal and equitable rights andremedies against a vendor, supplier, or manufacturer for non-conforming or defective equipment, goods, or services, including therisk of loss, in accordance with the terms applicable to a particularshipment or delivery of equipment or other tangible goods.

xvi. Develop, implement, maintain, and monitor a policy, procedure, andsystem and review it at least annually to ensure all grant fundedequipment is recorded on their financial statements, depreciatedannually, and ensure equipment is placed into a funded maintenanceand sustainment cycle.

xvii. Develop, implement, maintain, andlor monitor a policy, procedure,and system to repair, maintain, and sustain all equipment and othertangible goods provided to Agency under this Agreement in goodworking order for the reasonably expected life-cycle of suchequipment and other tangible goods, ordinary use, wear and tearexcepted, and to prevent them from becoming spoiled, deteriorated,defective, lost, stolen or obsolete.

xviii.

xix.

Develop, implement, maintain, and/or monitor a policy, procedure,and system to Plan for, Organize to use, Train on, and Exercisecapability of all equipment and other tangible goods provided toAgency through this Agreement for use by the Agency, the UAWGmembership, the State, and any other UASI entity within the U.S.

Maintain all records on equipment and tangible goods that may berequired by the terms of the UASÍ grant agreements, State and Federallaws, rules and regulations, or by Denver, including but not limited toannual inventory updates, maintenance records, physical location andcondition reports for three (3) years after the close of the federal award

City of Thornton241947392-40

5

or disposition of the equipment, whichever occurs first.

xx. Provide any supplemental documentation, as requested by Denver.

xxi. Replace, with Agency f'unds, equipment and other tangible goods thatare degraded beyond useable service, damaged, lost, or stolen toensure continued capability sustainment.

xxii. Develop, implement, maintain, and/or monitor a policy, procedure,and/or system to dispose of/or transfer equipment provided throughthis Agreement and coordinate the process with UASI program staffprior to such actions occurring.

xxiii. Respond to Incidents utilizing the equipment and other tangible goodsprovided for under this Agreement, including replacement of suppliesand equipment acquired in accordance with this Agreement, andutilizing trained personnel.

xxiv. Replace or repair any lost, stolen, or damaged equipment or goods,bought with UASI lunding that is lent to the Agency by Denver oranother UASI subrecipient.

Training and Exercise:

xxv. Ensure that training and exercise activities are compliant with FEMA'sHomeland Security Exercise and Evaluation Program (HSEEP)compliant, to include a completed after-action report and improvementplan for all training and exercise events funded by the UASI program.

xxvi. Develop and maintain documented processes, policies, procedures, andsystems and review them annually, to ensure compliance with thisAgreement, to manage and document training and exerciseparticipation to include tracking of certification qualification, awardand expiration.

xxvii. Participate in the annual UASI TEPW and complete requesteddocumentation for the workshop(s).

xxviii. Provide equipment or other tangible goods procured with funds fromUASI grants and/or agency personnel trained with UASI funding fortraining and exercises and response to lncidents based on requestsfrom any UASI entity, the State, or U.S. DHS, to include support toany other past, curent or future UASI grant program recipientnationwide.

Assign agency personnel to train, test and participate in regionaltrainings and exercises on use of Urban area plans, frameworks,

6City of Thomton201947392-A0

XXIX

equipment, and other tangible goods in exercises, including those doneindependently and throughout the Urban Area that are appropriate tothe subject matter being trained, tested and exercised

Funding activities:

xxx. Provide a cash match as agreed to in the Agency's submitted grantapplication(s). The Agency shall pay this amount directly to Denver,prior to Denver beginning procurement. The Agency will pay thematch invoice within thirty (30) days of receipt of the invoice fromDenver. Failure to pay within thirty (30) days of receiving the matchinvoice under this Agreement shall constitute a material breach of thisAgreement.

4. APPROPRIATIONS. Denver's obligations under this Agreement or any renewalextend only to monies appropriated for the purpose of this Agreement by the DenverCity Council, paid into Denver Treasury, and encumbered for the purposes of thisAgreement. By execution of this Agreement, neither party irrevocably pledgespresent cash reserves for payments in future fiscal years and this Agreement does not,and is not intended to, create a multipte-fiscal year direct or indirect debt or financialobligation of either party. Denver's obligations under this Agreement are furtherlimited to the funds made available pursuant to the UASI Grant and budget approvedby the Urban Area Working Group for fulfilling the purposes of this Agreement.

5. TAXES. CHARGES. A¡fD PENALTIES,. Denver shall not pay or be liable for anyclaimed interest, late charges, fees, taxes, or penalties of any nature, except asrequired by Denver's Revised Municipal Code.

6. EXECUTM AND LIAISON. Denver's point of contact for the UASI grants is theExecutive Director of the Mayor's Office of Emergency Management and HomelandSecurity ('oDirector"), who will serve as Chair of the Urban Area Working Group.During the term of this Agreement, eligible entities shall fully coordinate all activitiesand obligations related to or arising out of this Agreement with Denver, including theDirector, or as otherwise directed by Denver.

7. TERM AND TERMINATION. The term of the Agreement is from date of fullexecution and terminates on December 31, 2025. Denver may terminate thisAgreement, or any part thereof, for the reasons and in the manner provided in anyUASI Grant funding this Agreement.

8. DISCLAIMER OF WARRANTIES. THE GOODS PROVIDED BY DA,NVERUNDER THIS AGREEMENT ARE PROVIÐED WITHOUT WARRANTIESOF ANY KIND FROM DENVER, EITHER EXPRESS OR IMPLIED,INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE,NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR APARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY


DENVER, ITS AFFILIATES, OR ITS CONTRACTORS, OR THEIRRESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY FROMDENVER. ÐENVER IS NOT RESPONSIBLE FOR ANY DEFECTS ORDAMAGES RESULTING FROM MISHANDLING, ABUSE, MISUSE,ACCIDENT, ELECTRICAL POWER SURGES OR CURRENTFLUCTUATIONS, FORCE MAJEURE EVENT, IMPROPER STORAGEOR OPERATION, INCLUDING USE IN CONJUNCTION WITHEQUIPMENT ELECTRICALLY OR MECHANICALLY INCOMPATIBLE\ryITH OR OF TNFERTOR QUALTTY TO THE SUPPLIED GOODS ORFAILURE TO MAINTAIN THE ENVIRONMENTAL CONDITIONSSPECIFIED BY THE MANUFACTURER OR LICENSOR. ANYWARRANTIES ASSOCIATES WITH THE GOODS ARE SOLELY THOSEPROVIDED BY THE MANUFACTURER OR SELLER OF THE GOOÐSDIRECTLY TO AGENCY.

9. In no event willperformance by a party constitute or be construed to be a waiver by that party of anybreach of term, covenant, or condition or any delault that may then exist on the partof the other party, and the tender of any such performance when any breach or defaultexists (or is claimed to exist) impairs or prejudices any right or remedy available tothe other party with respect to the breach or default. No assent, expressed or implied,to any breach of any one or more terms, covenants, or conditions of this Agreement isor may be construed to be a waiver of any succeeding or other breach.

10. CONFLICT oF INTEREST. No employee of either party has or may have anypersonal or beneficial interest whatsoever in the services or property described herein.The Agency shall not hire or contract for services with any employee or of'frcer ofDenver that would result in any violation of the Denver Revised Municipal Code,Chapter 2, Article IV, Code of Ethics, or Denver City Charter provision s 1 .2.8, 1.2.9,1.2.t2.

11. STÁ,TUS OF PA,RTIES. Neither party is an employee of the other; no officer,employee, agent or contractor of one party is an officer, employee, agent, orcontractor of the other party for any purpose, including unemployment compensationand workers' compensation.

12. EXAMINATION OF RECORDS. The Agency shall retain for at least seven (7)years after the expiration of this Agreement all records related to this Agreement,including documentation and records for equipment, other tangible goods, funding, orservices provided for under this Agreement and expenses incurred arising out of thisAgreement. Any duly authorized representative of the federal govemment, stategovgmment or Denver, including Denver's Auditor or his representative have uponreasonable notice access to and the right to examine any directly pertinent books,documents, papers and records of entities related to this Agreement, until theexpiration of seven (7) years after the end of the State of Colorado fiscal year thatincludes the end of the UASI grant agreement(s). In the event any litigation, claim,

ICity of Thornton201947392-00

negotiation, audit or other action involving the records has been started before theexpiration of the seven-year period, the Agency shall retain the records untilcompletion of the action and resolution of all issues that arise from it, or until the endof the seven-year period, whichever is later.

13. ASSIGNMENT AND SUBCONTRACTING. Agency covenânts and agrees that itwill not assign or transfer its rights hereunder without first obtaining the writtenconsent of the Executive Director of the Office of Emergency Management. Anyattempts by Agency to assign or transfer its rights hereunder without such priorwritten consent of the Executive Director shall, at the option of said ExecutiveDirector, automatically terminate this Agreement and all rights of Agency hereunder.Such consent may be granted or denied at the sole and absolute discretion of saidExecutive Director. A change in control of Agency shall not constitute andassignment hereunder.

14. NO THIRD-PARTY BENEFICIARY. The enfbrcement of this Agreement, and allrights of action relating to enforcement, are strictly reserved to the parties. Nothing inthis Agreement gives or allows any claim or right of action by any person or otherentity on this Agreement, including subcontractors and suppliers. Any person who orother entity other than the parties that receives services or benefits under thisAgreement is an incídental beneficiary only.

15. GOVERNING LAlv: VENUE. Each term, provision, and condirion of thisAgreement is subject to the provisions of Colorado law, the Charter of the City andCounty of Denver, and the ordinances, and regulations enacted pursuant thereto.Unless otherwise specified, any general or specific reference to statutes, laws,regulations, charter or code provisions, ordinances, executive orders (includingmemoranda thereto), or contracts, means statutes, laws, regulations, charter or codeprovisions, ordinances, and executive orders (including memoranda thereto) andcontract as amended or supplemented from time to time and any correspondingprovisions of successor statues, laws, regulations, charter or code provisions,ordinances, or executive orders (including memoranda thereto) and contracts. Venuefor any legal action relating to or arising out of this Agreement will be in the DistrictCourt of the State of Colorado Second Judicial District.

16. SEVERABILITY. Except for the provisions of this Agreement requiringappropriation of funds, if a court of competent jurisdiction finds any provision of thisAgreement or any portion thereof to be invalid, illegal, or unenforceable, the validityof the remaining portions or provisions will not be affected, if the intent of the partiescan be fulfìlled.

17. PARAGRAPH HEADINGS. The captions and headings set forth in this Agreementare for convenience of reference only and do neither define nor limit its terms andmay not be construed to do so.

18. SURVIVAL OF CERTAIN PROVISIONS. The terms of this Agreement and anyexhibits and attachments that by reasonable implication contemplate continued

ICity of Thornton201947392-04

performance, rights, or compliance beyond expiration or termination of thisAgreement survive this Agreement and will continue to be enforceable. Withoutlimiting the generality of this provision, the Agency's obligations to indemnifyDenver, shall to the extent permitted by law, survive for a period equal to any and allrelevant statutes of limitation, plus the time necessary to fully resolve any claims,matters, or actions begun within that period.

19. NOTICES. Notices concerning termination of this Agreement, alleged or actual,violation(s) of the terms or conditions of this Agreement, and notices of similarimportance, as well as bills, invoices, or repoús required under this Agreement, mustbe mailed by United States mail, postage prepaid, if to the Agency at its addresswritten above, and if to Denver at the addresses listed below. Notices must bedelivered by prepaid U.S. mail and become effective three (3) days after deposit withthe U.S. Postal Service. The parties may from time to time designate substituteaddresses or persons where and to whom such notices are to be mailed or delivered,but these substitutions are not effective until actual receipt of written notihcation.

City and County of DenverMayoCs Office of Emergency Managementl0l W Colfax Ave. Ttn FloorDenver, Colorado 802A2Attn: UASI Program Manager

With copies of termination and violation notices to:

Office of the Mayor1437 Bannock Street, Room 350Denver, Colorado 80202

Denver City Attorney's Offrce1437 Bannock Street, Room 353Denver, Colorado 80202

20. DISPUTf,S. All disputes of any nature between Denver and the Agency regardingthis Agreement will be resolved by the administrative hearings pursuant to DenverRevised Municipal Code 56-106(b)-(f). For purposes of that procedure, theExecutive Director of the Off,rce olEmergency Management is the Denver official torender a fìnal determination.

21. ORDER OF PRECEDENCE. [n the event of any conflict between the termscontained in the numbered sections, including subparts to them, of this Agreementand those of any exhibit such that the full effect cannot be given to both or allprovisions, then the terms contained in the numbered sections, including subparts tothem, of this Agreement control.

22. AGREEMENT AS COMPLETT, INTEGRATION-AMENDMENTS. ThiS

l0City of Thomton201947392-A0

Agreement is the complete integration of all understandings between the parties. Noprior or contemporaneous addition, deletion or other amendment has any lorce oreffect, unless embodied herein in writing. Amendments to this Agreement willbecome effective when approved by both parties and executed in the same manner as

this Agreement.

23. LECAL AUTHORITY. The parties represent and assure that each possesses thelegal authority, pursuant to any proper, appropriate and official motion, resolution oraction necessary, to enter into this Agreement. The persons or person signing andexecuting this Agreement on behalf of a party, represent(s) that he or she is fullyauthorized to execute this Agreement on behalf of their jurisdiction and to validly andlegally bind their jurisdiction to allthe terms, performances, and provisions herein setforth. If there is a dispute as to the legal authority of either the Agency or the personsigning this Agreement to enter into this Agreement, at its option, Denver maytemporarily suspend or permanently terminate this Agreement or both. Denver willnot be obligated to perform any of the provisions of this Agreement after it hassuspended or terminated this Agreement as provided ín this Agreement.

24. rLEcTRoNrc SIGNATURES AND aLEcTRoNIC REC()RDS. The partiesconsent to the use of electronic signatures by Denver and the Agency. TheAgreement, and any other documents requiring a signature hereunder, may be signedelectronically by Denver in the manner specifìed by Denver, and by the Agency. Theparties agree not to deny the legal effect or enforceability of the Agreement solelybecause it is in electronic form or because an electronic record was used in itsformation. The Parties agree not to object to the admissibility of the Agreement inthe form of an electronic record, or a paper copy of an electronic document, or apaper copy of a document bearing an electronic signature, on the ground that it is anelectronic record or electronic signature or that it is not in its original form or is notan original.

City of Thornton201947392-00

11

Contract Control Number: MOOEM-201947392-00

Agency Name: City of Thornton


Kevin S. Woods, City Manager

ATTEST


APPROVED AS TO FORM

Luis A Corchado, City Attorney

lll lilllll lll ll lll llllllllllilililmillmilillllllllllilillil

Contract Control Number:

Contractor Name:

MOOEM-201947392-00

City of Thornton

IN WITNESS WHEREOF, the parties have set their hands and affixed their seals atDenver, Colorado as of

SEAL CITY AND COUNTY OF DENVER

ATTEST:

APPROVED AS TO FORM: REGISTERED AND COUNTERSIGNED

Attorney for the City and County ofDenver

By

B

ll Illl Illl lll ll lll ffillilllIltr¡lmlilllIiltilllfiililt[]l

EXHIBIT A

0l COLORADODivl¡ion of llomclend Sccurlty& Erncrgcncy ManegementDepartment of tubllc Slfety

August 30, 2018

Dear Homeland Securlty Rqfonal Coordínator,

The Colorado Oivision of Homeland Security & Emergency l,lånagement {0HSEô,11 is pteased lo i¡¡ue the ¡ub.awardgrant äSreement for the 2018 Homeland Security Grant Prograrn (HSCP). FÉÀlA has approved the Statc's applicationand has provided the funding for this year's grant program.

Thls letter ís not o notíce ta ûr.gín wor*îng on the RegÍon's proJects.

Seforc¿nv work c¡n beekr for ttri¡ erant ororram, a futly slgned and axecuted gr¡nt agrecnEnt betwEen ttre Slatêof Colorado änd the All-Hazard Rqioo must be completed. Please be aware that the gntnt $art date É €ontingentupon the tlmely execution of the grant agreement. Àlt regionat proJectr must be compteted by August 31, 2021 or50(}nef.

We åppreciate and acknowledge the effort invested in thi¡ grant and look forward to working ctosely with pu andyour staff as you lmplement your projects. Our slaff will be ln contact with ¡ou as the grant proces5 moves forward.Thank you in advance for your cooperation.

Às always, you mðy contäct any of ur ín the Grants and Contracts section at DHSEM if you have any questions

regarding your 2Ol8 HSGP ¡ub-award agreement ônd/or the HSGP prqram.

Respectfully

árrL %^ art,/...\E¡ther Son

Grants and Contracts lilanagerDivision of Homeland Securlty and Emergency

Manôgement

colorado Department of Pubtic Safety

9195 E. Mlneral Avenue, Suite 200

Centennial, CO 80t12724.852,6627 Office I 303.947.7701 À,tobile

720.852.6768 Fax

Ezzie lÂlchaels

Dlrector, Offlce of Grants AÀanagement

Dlvislon of Homeland Security and Emergency

Management

Cotorado 0epartment of Pubtic Safety9195 E. Àlinerat Avenue, fulte 200

Centennial, CO 80112

770.852.6607 Office | 720.519.1138 Mobite720.852.ó768 Fax

700 Kipling Street Sulte 1000, Lakewood, CO 80215 cdp:web.state.co,usJçhn W. Hickentooper, Governor | stðn Hilkey, Éxecuttve Dlrector

STATE OF COLORADO GRÁ.NT AGRßEMENT

T,'RE AND P

THE PARTIES HERETO HAVE EXECUTED THIS CONTRACTEach person signing this Agreemcnt represents and warrants that he or she is duly aqthorizcd lo execute tbis Agrecment and

or he¡

$trtc AgencyDcpart¡lgnt of Public Safety

Agreemont l$axlmum Amouni$2100,000.00Agreement Performançe Bcginning DatcEffcctive Datc

GrrnteeThc City and County of Denver

lnltial Agreement Expirrtion D¡¡teAususl 31,202¡Fund Er¡endlture End D¡teAugust 31, 2021

Agrecmant NumbcrCMS Number: t 13348

Encumb¡¡nce#; ISUAS19ÞENSubrecipíent DUNS#I A22570793Fcdernl Aw¡rd ldentification # {FAIN): EMW-2018-SS-0005SToaal Amount of the Fedc¡¡l Aw¡rd: $6,980,000Fcderal Award Date Augusr 16, 20lENome of Federal Arvrding Agency: DHSiFEMACFDI\ 97,06? Homcl¡nd Security Ocont PrognmldC¡linçglig! !lûe Award is for R&D: No

Agreement DescriptionSupport prcparcdness activities to buíld and sustain corccapabilities across lhe Prevention, Proteclion, Mitigation,Rcsponsc, and Recovery mission areas cssential toachieving thc National Preparedncss Goal ofa sccure andresilient Nation.

THE CTTY AND COUNTY OF DE¡ÍVER

By: --

Ti¡le:

'Signoturc

Dotel

GRANTEE STATE OT'COLORAIIOJohn W, Hickcnlooper, Govcmor

Depsrlment of Public Safety,Division of Homeland Security and Emcrgency Management

Kcvin R. Klein, Direclor

By: Kevin R. Klcin, Dircctor

Date:

Znd Grantce Signaturc if Nceded

tSignature

Date:

By:

Titlc;

LEGAL REVIEIVCynthia H. Cofïman, Attorney Gcncral

By: Assistail Aitorney General

Date:

lnaccordancewith$24-30-202c.R's.,thisAgreemcnfiinaulhorizcd delegate.

By: Colorado Depõ¡tment of Public Safety, Ezro Michtels, Ofïice of Grants Mlnagement Direcror

STATE CONTROLLERRobert Jnror, CPA, MBA, JI)

Eflcctive Datc:_

UASI Encumbrancc # ISUASI9DEN

TABLE OF CONTENTS

SICNATURE AND COVER PAGE...... I3

3

447

7

l.2.3,4.5.6,1

L9.t0.I t.12.t3.14.t5.t6,17.r8.r9.20.

PARTTESTERM AND EFFECTIVE DATE........,AUTHORITYDEFINITTONS ......,.STATEMENT OF WORKPAYMENTS TO ORANTEE,..........REPORTING . NOTTFICATIONGRANTEE RECORDS

t0ll

CONFIDENTTAL INFORMATION-STATE RECORDS................ ..............,....I ICoNFLICTS OF INTEREST......... ...,.........13

t3

DISPLNE RESOLUTTON.... ....,........., t7NOTICES A}{D REPRESENTAT TVES ................. l8RIGHTS IN WORK PRODUCT AND OTHER [NFORMATION...,....... ,.,.,,....18GOVERNMENTAL IMMTJNITY '.......,.'','.......... l 9STATEWIDE CONTRACT MANAGEMENT SYSTEM l9GENERAL PROVTSIONS ................ .................20coLoRADCI SPECTAL PROVISIONS (COLORADO FTSCAL RULE 3-l).................,.,...22EXHIBIT A, STATEMENT OF WORK ....."...................1

I

Page 2 of 25 Vc¡sion 07-3017

I PARTIES

This Agreement is entered into by and belween Grantee named on the Signature and Cover pagefor this Agreement (the "Grantee"), and the STATE OF COLORADO aciing by and thnough ñeState agency named on the Signature and Cover Page for this Agreement (the ',Siate). Orantee andthe State agfee to the terms and conditions in this Agreement.

TERM AND EFFECTIVE DATE

A. Effective Date

This Agreement shall not be valid or enforceable ur¡til the Effective Date, and the Grant Fundsshall be expended byj.h" Fund Expenditure End Date shown on the Signature and Cover pagefor this Agreement, The State shall not be bound by any provision oltnir Agreement beforethe Effective Date, and shall have no obligation topay órantee for any Woik performed orexpense incurred before the Effective Date, or after the Fund Expenditúre End bate.

B. Initial Term

The Parties' respeetive performances under this Agreernent shall comrnence on theAgreement Performance Beginning Date shown on the Signature and Cover page for thisAgreement and shall terminate on the Initial Agreement Expiration Date shown on theSignature and Cover Page for this Agreement (the "lnitial Term") unless sooner terminatedor ft¡rther extended in accordance with the terms of this Agreement.

C. Extcnsion Terms - State's Option

The State, at ils discretior¡ shall have the option to extend the performance under thisAgreement beyond the Initial Term for a period, or for successive p.riodr, of I year or lessat the same rates and u¡der lhc same terms specified in the Agreernent (each such period an"Extension Term"). [n order to exercise this option, the Stateihall provìde written notiee toGrantee in a form substantially equivalent to Exhlbit C.

D. End of Term Extension

lf this Agreement approaches the end of its Iriitial Term, or riny Extensio¡ Term then in place,the State, at its discretion, upon written notice to Grantee as piovided in $15, may unilatLrallyextend such Initial Term or Extension Term for a period not to exceed i monUri (an ,,End oiTerm Extension"), regardless of whether additional Extension Terms are available or not.The provisions of this Agreement in effect when such notice is given shall remaín in sffectduring the End of Term Extension. The End of Term Extension sñalI automatically terminateupon execution of a replacement Agreement or modification extending the total term of theAgreement.

E, Early Termination in the Publíc Interest

The State is entering into this Agreement to serve the public interest of the Snre of Coloradoas determined by its Governor, General Assembly, or Courts. If this Agreement ceases tofuvther the public interest of the State, the Staie, in its discretion, ñuy terminate thisAgreement in whole or in part. This subsection shall not åpply to a termination of thisAgreement by the State for bre¿ch by Grantee, which shall be gàverned by gt3.A.i.

i. Method and Content

The State shall notify Crantee of such termination in accordance with $r5. The noticeshall specify the effective date of the termination and whether it affectùll or a portion

UASI Encumbrnncc # ¡SUASt9DEN

2

Page 3 of25 Vcrsio¡ 072017

3.

4,

UASI Éncumbr¡ncc # ISUASI9DEN

of this Agreement.

ii. Obligations and Rights

Upon receipt of a terminalion notice fo¡ termination in the public interest, Crantee shallbe subject to $13.4,i,a.

iii, Payments

If the State terminates this Agreemenl in the public interest, the State shall pay Cranteean amount equal to the percentage of the total reimbursement payable under thisAgreement tftat corresponds to the percentage of Work satisfactorily completed andaccepted, as determined by the State, less payments previously made. Additionall¡ ilthis Agreemcnt is less than 60% conpleted, as determined by the State, the State mayreimburse Grantee for a portion of actual out-ofçocket expenses, not otherwisereimbursed under this Agreement, incurred by Crantee which are directly attributableto the uncompleted portion of Grantee's obligations, provided that fhe sum of any andall reimbursement shall not exce¿d the maximum amount payable to Crantee hereunder.

F. Grantee's Termination Under Federal Requirements

Grantee may request termination of this Crant by sending notice to the State, or to the FederalAwarding Agency with a copy to the State, which includes the reasons for thc terminationand the effective date of the termination. If this Grant is terminated in this manaer, thenGrantee shall return any advanced payments made fo¡ work that will not be perforrned priorto the effective date of the termination.

AUTHORITY

Authority to enter into this Agreement exists in the law as follows:

A. Federal Authority

Authority to enter into this Grant exists in the Homeland Security Act of 2002 through CFDA97.067, funds have been budgeted, appropriated, and otherwise made av¿ílable pursuant tosaid,A,ct; and as sufficient unencumbered for remaining payment.

B. State Authority

Authority to enter into this Grant exists in CRS $24-l-128.6, funds have been budgeted,appropriated and othenpise made available pußuant to said statute; and a suflicientunencumbered balance remains available for payment. Required approvals, clearance andcoordination have been accomplished from and with appropriate agencies.

PIJRPOSE

Grant funds are hereby made available for the purpose of enhancing Homeland Security andEmergency Management related Prevention, Protection, Mitigation, Response and Recoverycapabilities throughout the State, as more specifically descúbed in the Ststement of Work, attachedas Exhibit.4,.

DEFINITIONS

The following terms shall be construed and interpreted as follows:

A. "Agreement" means this agreement, including all attached Exhibits, all documentsincorporated by reference, all referenced statutes, rules and cited authorities, and any firturemodifications thereto.

Page 4 oÍ25 Version 072017

UÂSl Encumbrsncc # ISUASISDEN

B. "Alvard" meãns,an award by a Recipient to a Subrecipient funded in whole or in part by aFederal Award. The terms and conditions of the Federal Award flow down to thl Awa¡dunless the terms and conditions of the Federal Award specifically indicate otherwise.

C. "Budgef'means the budget for the Work described in Exhibit B.

D, "Business Dny" means any day in which the State is open and conducting business, but shalinol include Saturday, Sunday or any day on which the Stare observes ãne of the holidayslisted in $24-l l-l0l(l) C.R.S.

E. .CJII' means criminal justice information collected by criminal justice agencies needed forthe performance of their authorized ftrnclions, inctuding, without limitation, all informationdefìned as criminaljustice information by the U.S. Department of Justice, Federal Bureau ofInvestigation, Criminal Justice Information Services Security Policy, as amended and allCriminal Justice Records as defined under g24-7Z4AZ C.R.S.

F. "coR.,¡" means the colorado open Records Act, $$2&72-200,1 et. seq.,c.R.s.

G. "Effective D¡te" means the date on which this Agreement is approved and signed by theColorado State Controller or designee, as shown on the Signature and Cover tige foi rtrisAgreement.

H. "End of Term Extension" means the time period defined in $2.DI. "Exhibits" means the following exhibits attached to this Agreement;

i. Exhibit A, Statement of Work.

ii. Exhibit B, Budget.

iii. Exhibít C, Sample Option Letter (Form l).iv. Exhibit D, Federal Provisions.

J. "Extenslon Term" means the time period defined in $2.CK. "Feder¡l Awtrd" means an award of Federal financial assistance or a cost-reimbursement

contract, under the Federal Acquisition Regulations or by a formula or block grant, by aFederal Awarding Agency to the Recipient. "Federal Award" also means an agreementsetting forth the terms and conditions of the Federal Awa¡d. The term does noi includepayments to a contrâctor or payments to an individual that is a beneficiary of a Federalprografn.

L' "Federnl .A'rvarding Agency" means a Federal agency providing a Federâl Award to aRecipient. U.S. Department of Hometand Security (ÐHS) / Federal Emergency ManagemenrAgency {FEMA) is the Federal Awarding Agency for the Federal Awa¡d which is theiubjectof this Agreement.

M. "Goods" means any movable material acquired, produced, or delivered by Grantee as setforth in this Agreement and shall include any movable material acquiréd, produced, ordelivered by Crantee in connection with the Services.

N' "Grlnt Funds" means the fr¡nds that have been appropriated, designated, encumbered, orotherwise made available for payment by the state under this Agreement.

O- "Incidenf' means any accidental or deliberate event that resutts in or constitures an imminentthreat of the unau¡horþed access or disclosure of State Confidential Information or of theunauthorized modifïcation, disruplion, or dEstruction of any State Records.

Pagc 5 of 25 Vc¡sion 0?1017

UASI Encumbrsncc f ISUASI9DEN

P. "Initial Term" rneans the time period dehned in $2.8

a. "Matching Funds" means the fi¡nds provided Crantee as a match required to receive theGrant Funds.

R. "Part¡/" m€ans the State or Grårtee, and "Parties" mea¡rs both the State and Grantee.

S, "PCI" means priyment card information including any data related to credit card holders'names, credit card numbers, or the other credit card information äs may be protected by stateor federal law.

T. "Pff' means personally identifìable information including, without limitation, anyinformation maintained by the State about an individual that can be used to distinguish ortrace an individual's identity, such as name, social security number, date and place of birth,mother's maiden name, or biometric records; and any other information that is linked orlinkable to an individual, such as medical, educational, fìnancial, and employmentinformation. PII includes, but is not limited lo, all information defined as personallyidentihable information in 924-72-50I C.R.S.

U. *PHI" m€ans any protected hoslth information, including, without limitation any information

whether oral or recorded in any form or medium: (t) that relates to the past, present or futurephysical or mental condition of an individual; the provision of health care to an individual;or the past, present or fi.¡ture payment for the provision of health cÊre to an individual; and(ii) that identilies the individual or with respect to which there is a reasonable basis to believethe information can be used to identi$ the individual. PHI includes, but is not limited to, anyinformation defined as Individually ldentifìable Health Information by the federal Healthlnsurance Portability and Accountability Act.

V, "Recipienf' means the State agency shown on the Signature and Cover Page of thisAgre ement, for the purposes of this Federal Award,

W. "Services" means the services to be performed by Grantee as set forth in this Agreement, andshall include any services to be rendered by Grantee in connection with the Coods.

X. "State Confidentid Informatio¡¡" means any and all State Records not subject to disclosureunder CORA, State Confidential Information shall include, but is not limited to, PII, PHI,PCI, Tax Information, CJI, and State personnel records not subject to disclosure underCORA. State Confidential lnformation shall not include information or data concerningindividuals that is not deemed confidential but nevertheless belongs to the State, which hasbeen communicated, ñrrnished, or disclosed by the State to Contractor which (i) is subject todisclosure pursuant to the CORA; (ii) is already known to Contraclor without resrictions atthe time of its diselosure by Confactor; (iii) is or subsequently becomes publicly availablewithout breach of any obligation owed by Contractor to the State; (tv) is dísclosed toContractor, without confidentiality obligations, by a third party who has the right to disclosesuch information; or (v) was independently developed wíthout reliance on any StateCon frdential Information.

Y. "State Fi¡cal Rulcs" means that fiscal nrles promulgated by the Colorado State Contollerpursuant to $24-30-202( I 3)(a) C.R.S.

Z, "Sttte Fiscal Ycar" means a l2 month period beginning on July I of saeh calendar year andending sn June 30 of the following calendar year. If a single calendar year follows the term,then it mea¡¡s the State Fiscal Year ending in that calendar year.

AA, "St¡te Records" means any and all State data, information, and records, regardless of

Page 6 of 25 Vgriion 07,2017

5.

6.

UASI Encumbr¡ncc # ISUAStgDEN

physical form, including, but not limited to, information subject to disclosure under CORA.BB. "Subcontmctor" neåns third-parties, if any, engaged by Grantee to aid in performance of

the work. "subcontractor" also includes sub-grantees of grant funds.

CC- "Subrecipient" means a non-Federal entity that receives a sub-award from a Recipient tocårry out part of a F",cleral program, but does not include an individual that is a benl{iciaryof such progtam. A Subrecipient may also be a recipient of other Federal Awards directlyfrom a Federal Awarding Agency. For the purpoies of this Agreemen! Grantee is aSubrccipient.

DD. "Tax Information" means federal and State of Colorado tax information including, withoutlimitation, federal and State tax returns, return information, and such other tax-relatedinformation äs may be protected by federal and State law and regulation. Tax Informationincludes, but is not limited to all information defined as federat tãx information in IntemalRevenue Service Publication 1075.

EE. "Uniform Guidance" means the OfÏice of Management and Budget Uniform AdministrativeRequirements, Cost Principles, and Audit Requirements lor Federal Awards, 2 CFR part 200,commonly known as the "Super Circular, which supersedes requirements from OMBCirculars A-21, A-87, A-l10, A-122,4-89, A-102, and A-133, and the guidance in CircularA-50 on Single Audit Act follow-up.

FF. "Work" means the delivery of the Goods and performance of the Services described in thisAgreement.

GG' "Work Producf' means the tangible and intangible results of the V/ork, whether finished orunfltnished, íncluding drafu. Work Product includes, but is not limited to, documents, text,software (including source code), research, reports, proposals, specifications, plans, notes,studies, data, images, photographs, negatives, pictures, drawings, designs, modlk, ru*ryr,maps, materials, ideas, concepts, know-how, information, and any othei results of the Woilc."Work Product" does not inelude any material that w¡s developeú prior to the Efiective Datethat is used, without modification, in the performance of the work.

Any other term used in this Agreement that is defined in an Exhibit shall be construed andinterpreted as deFrned in that Exhibit.

STATEMENT OF WORK

Granlee shall complete the Work as described in this Agreement and in accordance with theprovisions of Exhibit A. The State shall have no liabitity tõ compensate Grantee for the deliveryof any goods or the perfonnance ofany seivices that are not specifîcatly set forth in this Agreemeni.

PAYMENTS TO GRANTEE

A. Maximum Amount

Payments to Crantee are limited to the unpaid, obtigated balance of the Orant Funds. TheState shall not pay Grantee any amount under this Agreement that exceeds the AgreementMaximum for each State Fiscal Year shown on the Signature and Cover pagã of rhisAgreement.

B. Payment Procedures

i, lnvoices and Payment

a. The State shall pay Grantee in the amounts and in accordance with the schedule

Page 7 of25 Vcníon 07J017

UASI Éncumbr¡ncc # l8UÂS!9DEN

and other conditions set forth in Exhibit A.

b. Grantee shall initiate paymen¡ requests by invoice to the State, in a form andmanner approved by the State.

c. The State shall pay each invoice within 45 days following the State's receipt ofthat invoice, so long as the amount invoiced conectly represenls Work completedby Grantee and previously accepted by the State during the term that the invoicecovers. lf the State determines that the amount of any invoice is not correct, thenGrantee shall make all changes necessâry to cofrect that invoice.

d, The acceptance of an invoice shall not constitute acceptance of any Workperformed or deliverables provided under the Agreement.

ii. Interest

Amounts not paid by the State within 45 days of the State's acceptance of thE invoiceshall bear interest on the unpaid balance beginning on the 45th day at the rate of l% permonth, as required by g2a-30-202Q9@), C.R.S., until paid in fult; provided, however,that in¡erest shall not accrue on unpaid amounts that the State disputes in writing.Grantee shall invoice the State separately for accrued interest on delinquent amounts,and the invoice shall reference the delinquent pâyment, the number of day's interest tobe paid and the interest rate.

ii¡. Payment Disputes

lf Crantee disputes any calculatíon, determination or amount of any payment, Granteeshall notiS the State in writing of its dispute within 30 days following the earlier tooccur of Crantee's receipt of the payment or notification of the determination orcalculation of the payment by the State, The State will review the information presentedby Grantee and may make changes to its determination based on thís review. Thecalculation, determination orpayment amount that results frorn the State's review shallnot be subject to additional dispute under this subsection. No payment subject to adispute under this subsection shall be due until after the State has concluded its review,and the State shall not pay any interest on any amount during the period it is subject todispute under this subsection.

iv. Available Funds-Contingency-Termination

The State is prohibited by law from making commitments beyond the term of thecurrent State Fiscal Year. Payment to Grantee beyond the current State Fiscal Year iscontingent on the appropriation and continuing availabÍlity of Grant Funds in anysubsequent year (as provided in the Colorado Special Provisions). If federal funds orfunds from any other non-State ñ¡nds constitute all or some of the Grant Funds, theState's obligation lo pay Grantee shall be contingent upon such non-State filndingcontinuing to be made available for payment. Payments to be made pursuant to thisAgreemenr shall be made only from Grant Funds, and the State's liability for suchpâyments shall be limited to the amount remaining of such Grant Funds. If State, federalor other funds a¡e not appropriated, ot otherwise become un¿vailable to fund thisAgreement, the State may, upon writtcn notice, terminate this Agreement, in whole orin part, without incuning fr¡rther liability. The State shall, however, remain obligatedto pay for Services and Goods that are delivered and accepted prior to the effective dateof notice of termination, and this termination shall othenrise be treated as if thisAgreement were terminated in the public interest as described in $2.E.

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v. Enoneous Payments

The State may recover, åt the State's discretion, p¡¡ymenls made to Grantee in error forany reason, including, but not limited to, overpayments or improper pâyments, andunexpended or excess funds received by Grantee. The State may recover iuðh paymentsby deduction fiom subsequent payments under this Agreemènt, deduction'fro* *ypayment due under any other contracts, grants or agreements between the State andÛrantee, or by any other appropriate method for collecting debts owed to the State. Theclose-out of a Federal Award does not affect the right of the Federal Awarding Agencyor the State to disallow costs and recover funds on the basis of a later audii or otherreview. Any cost disallowance recovery is to be made within the Record RetenrionPeriod, as defined below.

vi. RetroaetivePayments

The St¿te shall pay Pre-award Cost only if (l ) the Federal Emergency ManagementAgency Notice of Award allows reimbursement for Pre-award Costs by a Grantee orSubrecipient from Federal Funds or Matching Funds, or (2) the Pre-award Costs havebeen specifically detailed in Grantee's grant application, authorized by the State andincorporated in the Budget for the \lfork described in Exhibit A. Any such rerroacrivepayments shall comply with State Fiscal Rules and gfantee and any Subrecipient shallhave complied with all federal laws, rules and regulations applicablè to the rü/ork beforethc State shall make such payments. Grantee shall initiáfe any retroactive paymentrequest by submitting invoices to the State that set out Crantee's compliance with theprovisions of this Grant.

vii. Advance, lnterim and Final Payments

Any advance payment allowed under this Crant or in Exhibit A shall comply with SrareFiscal Rules and be made in accordance with the provisions of this õrãnt or suchExhibit. Crarrtee shall initiate âny payment requests by submitting invoices orreimbursement requests (refened to as "invoices" herein) to the State in the form andmanner set forth and approved by the State. If permitted by the federal Program, theState may pay certain eligible, Pre-award Costs incuned within the applicable federalgrant period from Federal Funds or Matching Funds.

Reimbursement of Grantee Costs.

The State shall reimburse Crantee's allowable costs, not exceeding the maximum totalamounl described in Exhibit A ¡nd $6 for all allowable costs described in rhis Grant andshown in the Budget, except that Grantee may adjust the amounts between each line item ofthe Budget without lormal modification to this Agreement as long as the Grantee providesnotice to the State of the change, the change does not modi$ the total maximum amount ofthis Agreement or the maximum åmount for any state fiscal yearn and the change does notmodi$ any requirements of the Vfork. The State shall reimburse Crantee for the fãderal shareof properly documented allowable costs related to the Work after review and approvatthereofi, subject to the provisions of this Agreement and Exhibit A. However, any costsincuned by Grantee prior to the Effective Date shall not be reimbursed absent specificallowance of pre-award costs and indication thar the Federal Award funding is reroìctive.Grantee's costs for Work performed after the Fund Expenditure End DatJ shown on theSignature and Cover Page for this Agreement, or after any phase perfonnance period enddate for a respective phase of the Work, shall not be reimbursabie. The State shall onlyreimburse allowable costs dessribed in this Contract and shown in the Budget if those costs

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åfË:

i. Reasonable and necessary to accomplish the Work and for the Goods and Servicesprovided; and

ii. Equal to the actual net cost to Crantee (i.e. the price paid minus aay items of valucreceived by Grantee that reduce the cost actually incuned).

D. Close-Out.

Grantee shall close out this Award within 45 days after the Fund Expenditure End Ðate shownon the Signature and Cover Page for this Á.greement. To complete close-out, Grantee shallsubmit to the State all deliverables (including documentation) as defined in this Agreementand Grantee's fìnal reimbursement request or invoice. The State will withhold 59/o ofallowable costs until all final documentation has been submitted and accepted by the State as

substantially complete, If the Federal Awarding Agency has not closed this Federal Awardwithin I year and 90 days after the Fund Expenditure End Date shown on the Signature andCover Page for this Agreement due to Crantee's failure to submit required documentation,then Grantee may be prohibited from applying lor new Federal Awards through the Stateuntil such documentation is submitted and accepted.

REPORTING . NOTIFTCATION

A. Quarterly Reports.

In addition io any reports required pursuant to $18 or pursuant to any other Exhibit, lor anyAgreement having a term longer than 3 monlhs, Grantee shall submit, on I quarterly basis, a

written repoÍ specifying progress made for each specifred performance measure and standardin this Agreement. Such progress report shall be in accordance with the procedures developedand prescribed by the State. Progress reports shall be submitted to the State not later than 5

Business Ðays following the end of each calendar quarter or at such tirne as otherwisespecified by the State.

B. LitigationReporting

lf Grantee is served with a pleading or other document in connection with an action before a

court or other administrative decision making body, and such pleading or document relatesto this Agteement or may affect Grantee's ability to perform its obligations under thisAgreement, Grantee shall, within l0 days afler being seled, notiff the State of such actionand deliver copies of such pleading or document to the State's principal representativeidentified in $15.

C. Performancc and Final Status

Grantee shall submít all financial, performance and other repons to the State no later than 45calendar days after the end of the Initial Term if no Extension Terms are exercised, or thefinal Extension Terrn exercised by the State, containing an evaluation and review ofGrantee'sperformance and the fìnal status of Grantee's obligations hereunder.

D. ViolationsReporting

Grantee shall disclose, in a timely manner, in writing to the State and the Federal AwardingAgency, all violations of federal or State criminal law involving fraud, bribery, or gratuityviolations potentially affecting the Feder¡l Award. The State or the Federal AwardingAgency may impose any penalties for noncompliance allowed undEr 2 CFR Part 180 and 3lU.S,C. 3321, which may includq without limitation, suspension ordebarment.

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GRANTNE RECORDS

A. Maintenance

Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of acomplete file of all records, documents, communications, notes and other written materials,electronic med¡a files, and co¡nmun¡cations, pertaining in any manner to the Work or thedelivery of Services (including, but not limited to the operation of programs) or Goodshereunder. Grantee shall maintain such records for a period (the "Record Retention Period")of three years following the date of submission to the State of the flrnal expenditure report, orif this Award is renewed quârterly or annualt5 from the date of thc submission óf eachquarterly or annual repo*, respectively. If any litigation, claim, or audit related to this Awardstarts before expiration of the Record Retention Period, the Record Retention Period shallextend until all litigation, claims, or audit findings have been resolved and finnl âction takenby the State or Federal Awarding Agency. The Federal Awarding Agency, a cognizantag€ncy for audit, ovarsight or indirect costs, and the State, may notify Orantee in writing thatthe Record Rctention Pariod shall be extended. For records for real property and equipment,the Record Retention Period shall extend lhree years following fìnat disposition of suchprop€rty. i

B. Inspection

Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe GranteeRecords during the Record Retention Period. Grantee shall make Grantee Records availableduring normal business hours at Crantee's office or place of business, or at other mutuallyagreed upon times or locations, upon no fewer than 2 Business Days' notice from the State,unless the State determines that a shorterperiod of notice, or no notice, is necessary to protectthe interests of the State.

C. Monitoring

The State will monitor Grantee's performance of its obligations under this Agreement usingprocedures as determined by the State. The federal government and any other duly authorizedagent of a govemrnental agenc¡ in its discretion, may monitor Contractor's performance ofits obligations under this Contract using procedures as detennined by thai governmentalentity. Grantee shall allow the State to perform all monitoring required by the UniformGuidance, based on the State's risk analysis of Grantee and this Agreement. The State shallmonitor Granlee's performance in a manner that does not unduly interfere with Grantee'sperformance of the Work.

D. FinalAudit Report

G¡antee shall promptly submit to the State a copy of any fînal audit report of an auditperformed on Grantee's records that relates to or affects this Agreement or thè Work, whetherthe audit is sonducted by Grantee or a third party. Additionally, if Grantee is required toperlorm a single audit under 2 CFR 200,501, et, seq., then Grantee shall submit a copy of theresuhs of that audit to the State within the same timelines as the submission to thã federalgoverfiment.

CONFIDENTIAI, INFORMATION.STATE RECORDS

A. Confidentiality

Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any andall State Records that the State provides or makes available to Orantee for the sole and

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exclusive benefit of the State, unless those State Records are otherwise publicly available atthe time of disclosure. Grantee shall not, without prior written approval of the State, use forGrantee's own benefit, publish, copy, ot othenvise disclose to âny third party, or permit theuse by any third party for its benefit or to the detriment of the State, any State Records, exceptas otherwise stated in this Agreement. Crantee shall provide for the security of all StateConfidential Information in accordance with all policies promulgated by the Colorado Officeof Information Security and all applicable laws, rules, policies, publications, and guidelinesincluding, without limitation: (i) the most recently promulgated IRS Publication 1075 for allTax Information, (ii) the most recently updated PCI Data Security Standard from the PCISecurity Standards Council for all PCl, {iÍi) the msst recently issued version of the U.S.Department of Justice, Federal Bureau of Investigation, Criminal Justice InformationServices Security Policy for all CJI, and (lv) the federal Health Insurance Po*ability andAccountability Act for all PHI and the HIPA.¡I Business Associate Addendum attached tothis Contract. Orantee shall immediately forward any request or demand for State Records tothe State's principal representative.

B. Other Entity Access and Nondisclosure Agreements

Grantee may provide State Records to its agents, employees, assigns and Subcontractors as

necessary to perform the Work, but shall restrict access to State Confidential Information tothose agents, employees, assigns and Subcontråctors who require access to perform theirobligations under this Agreement. Crantee shall ensure all such ågents, ernployees, assigns,and Subcontractors sign nondisclosure agreements at least as protective as those in thisAgreement, snd that the nondisclosure agreements are in force at all times the agent,employee, assign or Subcontractor has access to any State Conflrdential lnformation. Granteeshall provide copies of those signed nondisclosure restrictions tc the State upon request.

C. Use, Security, and Retenlion

Grantee shall use, hold and maintain State Confidential Information in compliance with anyand all applicable laws and regulations in facilities located within the United States, and shallmaintain a secure environment that ensures confidentiality of all State ConfidentialInformation wherever located. Grantee shall provide the State with access, subject toGrantee's reasonable security requirements, for purposes of inspecting and monitoring âccess

and use of State ConÍrdential Information and evaluating security control effectiveness. Uponthe expiration or termination of this Agreemenf, Grantee shall renrm State Records providedto Grantee or destroy such State Records and certi$ to the State that it has done so, as directedby the Stale. If Oranlee is prevented by law or regulation from returning or destroying StateConfidential lnformation, Crantee wa¡rsrts it will gu¿ra$tee the confidentiality of, and cease

to use, such State Confidential Information.

D. Incident Notice and Remediation

If Grantee becomes aware of any Incident, it shall noti$ the State immediately and cooperatewith the State regarding recovery, remediation, and the necessity to involve law enforcement,as determined by the State. Unless Crantee can establish that none of Grantee or any of itsågents, employees, assigns or Subcontracto$ ôre the cause or source of the Incident, Granteeshall be responsible for the cost of notiSing each person who may have been impacled bythe l¡cident. After an lncident, Grantee shall take steps to reduce the risk of incurring a

simila¡ t¡çe of Incident in the future as directed by the State, which may include, but is rrotlimited to, developing and implementing a remediation plan that is approved by the State atno additional cost to the State. The State may adjust or direct modifications to this plan, in its

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sole discretion and Orantee shall make all modifications as directed by the State. lf Granteecannot produce its analysis ånd plan within the allotted time, the State, in its sole discretion,may perform such analysis and produce a remediation plan, and Crantee shall reimburse theState for the reasonable costs thereof.

E. Compliance

Crantee shall review, on a semi-annual basis, all OIS policies and procedures which OIS haspromulgated pursuant to cRS $$ 24-37.5-401 through 406 and 8 ccR $ l50l-5 and postedat httP://oit.state.co.us/ois, to ensure compliance with the standards and guidelines publish"dtherein. Grantee shall cooperate, and shall cause its Subcontractors to cooperate, with theperformance of security audit and penetration tests by OIS or its designee.

F. Safeguarding PII

If Grantee or any of its Subcontractors will or may recelve PII under this Contract, Granteeshall provide for the security of such PtI, in a form acceptable to the State, including, withoutlimitation, non-disclosure, use of appropriate technology, security pract¡ces, computer accessseeurit¡ data access security, data storage encryption, data ransmission encryption, securilyinspections, and audits. Grantee shall take full responsibility for the security óf a[ pll in itipossession or in the possession of its Subcontractors, and shall hold the State harmless forany damages or liabilities resulting from the unauthorized disclosure or loss thereof.

CONFLICTS OF INTEREST

A. Actual Conflicts of Interest

Crantee shall not engage in any business or activities, or maintain any relationships thatconflict in any way with the full performance of the obligations of Grantee under thisAgreement. Such a conflict of interest would arise when a Grantee or Subçontractor'semployeg ofnicer or agent were lo offer or provide any tangibte personal benefit to anemployee of the State, or any member of his or her immediate family or his or her partner,related to the award of, entry into or mânagement or oversight of this Agreement.

B. Apparent Conflicts of lnterest

Grantee acknowledges that, with respect to this Agreement, even the appearance of a conflictof interest shall be harmful to the State's interests. Absent the State's prior written approval,Grantee shall refrain from any practices, activities or relationships that reasonabty appear tobe in conflict with the ñ¡ll performance of Grantee's obligations under this Agreement.

C. Disclosure to the State

If a conflict or the appearance of a conflict arises, or if Crantee is uncertain whether a conftictor the appearance of a conflict has arisen, Grantee shall submit to the State a disclosurestatement setting forth the relevant details for the State's consideration. Failure to promptlysubmit a disctosure statement or to follow the State's direction in regard to the actual orappar€nt conflict constitutes a breach of this Agteement.

INST'RANCE

GrantEe shall obtain and maintain, and ensure that each Subcont¡actor shall obtain and maintain,insurance as specified in this section at all times during the term of this Agreement. All insurancepolicies required by this Agteement that are not provided through self-insurance shall be issued byinsurance companies with an A.M, Best rating of A-VI[ or better.

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A. rvVorkers'Compensation

Workers' compensation insurance as required by state statute, and employers' liabilifyinsurance covering all Grantee or Subconlractor employ€es âcting within the course andscope of their employment.

B. General Liability

Comrnercial general liability insurance written on an lnsurance Services OfÏìce occunenceform, covering premises operations, frre damage, independent contractors, products andcompleted operatíons, blanket contractual liability, personal injury, and advertising liabilitywith minimum limits as follows:

i. $1,000,000 each occurrence;

ii. $1,000,000 general aggregâte;

iii, $1,000,000 products and completed operations aggregate; and

iv, $50,000 and I fire.

C. Automobile Liabilig

Automobile liability insurance covering any auto (including owned, hired and non-ownedautos) with a minimum limit of $1,000,000 each accident combined single limit.

D. Protectedlnformation

Liability insurance covering all loss of State Confrdential Information, such as PII, PHI, PCLTax Information, and CJI, and claims based on alleged violations of privacy rights throughimproper use or disclosu¡e of protected information with minimum li¡nits as follows:

i. $1,000,000 each occurrence; and

ii. $2,000,000 general aggregate.

E. ProfessionalLiabilitylnsurance

Professional liability insurance covering any dnmages caused by an error, omissiorr or anynegligent act with minimum limits as follows:

¡. $1,000,000 each occurrence; and

ii. $1,000,000 general aggregate.

F. Additional Insured

The State shall be named as additional insured on all commercial general liability policies(leases and constnrction contracts require additional insured coverage for completedoperations) required of Grantee and Subcontractors.

C, Primacy of Coverage

Coverage required of Crantee and each Subcontractor shall be primary over any insurance orselÊinsurance program carried by Crantee or the State.

H. Cancellation

Al[ commercial insurance policies shall include provisions preventing cancellation or non-renewal, except for cancellation based on non-payment of premiums, without at leôst 30 daysprior notice to Grantee and Grantee shall forward such notice to the State in accordance wíth$15 within 7 days of Grantee's receipt of such notice.

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Subrogation Waiver

All commercial insurance policies secured or maintained by Grantee or its Subcontractors inrelation to this Agteement shall include ctauses stating that each canier shall waive all rightsof recovery under subrogation or otherwise against Grantee or the State, its agrn"ì.r,institutions, organizations, officers, agents, employees, and volunteers.

Publie Entities

If Grantee is a "public entity" within the meaning of the Colorado Govemmental ImmunityAct, $24-10-101, et se4., C.R.S. (the "O[4"), Grantee shall maintain, in lieu of the liabilityinsurance requirements stated above, at all times during the term of this Contract such liabilityinsurance, by commercial policy or selÊinsurance, as is necessary to meet its liabilities underthe C[A' If a Subcontractor is a public entity within thê meaníng of the GlA, G¡antee shallensure that the Subcontractor maintain at all times during the terms of this Grantee, in lieu ofthe liability insurance requirements stated above, such liability insurance, by commercialpolicy or self-insurance, as is necessary to meet the Subcontractor's obligatiãns under thectA.

Certificates

For each commercial insurance plan provided by Gråntee under this Agreement, Cranteeshall provide to the State csrtificates evidencing Grantee's insurance coverâge required inthis Agreement within 7 Business Days following the Effective Date. CranteJshaliprovideto the State certificates evidencing Subcontractor insurance coverage required unàer thisAgreement within 7 Business Days following the Effective Date, except that, if Grantee'ssubcontrâct is not in effect as of the Effective Date, Grantee shall provide to the Statecertificates showing Subcontractor insurance coverage required under tÈis Agteement within7 Business Days following Crantee's execution of the subcontract. No later than 15 daysbefore the expiration date ofGrantee's or any Subcontractor's coverage, Grantee shall delivcrto the State certificates of insurance evidencing renewals of coverãge. At any other timeduring the term of this Agreement, upon request by the State, Grantee shall, within 7 BusinessD_ays lollowíng the request by the State, suppty to the State evidence satisfactory to the Stateof compliance with the provisions of this gll,

K-

12, BREACH

A. Defined

B.

The failure of a Party to perforrn any of its obligations in accordance with this Agreement, inwhole or in part or in a timely or satisfactory manner, shall be a breach. The iistitution ofproceedings under any bankruptcy, insolvency, reorganization or similar law, by or againstGrantee, or the appointment of a receiver or similar offìcer for Grantee or any of its property,which is not vacated or fully stayed within 30 days after the institution of iuch próceá¿¡ng,shall also constitute a breach.

Notice and Cure Period

ln the event of a breach, the aggrieved Pa*y shall give written notice of breach to the otherParty. If the notified Party does not cur€ the breach, at its sole er(pense, withirr 30 days afterthe delivery of writtert notice, the Party may exercise any of the remedies as described in $13for that Pa¡ty. Notwithslanding any provision of this Agreement ro the contrary, the Statel inits discretion, need not provide not¡ce or a cure period and may immediately terminate thisAgreement in whole or in paft or institute any other remedy in the Agreement in order to

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protect the public interest of the State.

REMEDIES

A. State's Remedies

If Grantee is in breach under any provision of thís Agreement and fails to cure such breach,the State, following the notice and cure period set forth in $12.8., shall have all of theremedies listed in this $13.Â. in addition to all other remedies set forth in this Agreement orat law. The State may exercise any or all of the remedies available to it, in its discretion,csrcuffently or consecutively.

i. Termination for Breach

In the event ofGrantee's uncured breach, the State may terminate this entire Agreementor any part of this Agreement. Additionall5 if Grantee fails to comply with any termsof the Federal Award, then the State may, in its discretion or at the direction of a FederalAwarding Agency, terminate this entire Agreement or any part of this Agreement.Grantee shall continue performance of this Agreement to the extent not terminated, ifany.

^, Obligations and Rights

To the extent specified in any termination notice, Grantee shall not incur furtherobligations or render further performance past the effective date of such notice,and shall terminale outstanding orders and subcontracts with third parties.However, Grantee shall complete and deliver to tbe State all Work not cancelledby the termination notice, and may incur obligations as necessary to do so withinthis Contract's terms. At the request of the Statq Grantee shall assign to the Stateall of Grantee's rights, title, and interest in and to such terminated orders orsubcontracts, Upon termination, Orantee shall take timely, reasonable andnecessary action to protect and preserve property in the possession of Grantee butin which the State has an interest. At the State's request, Grantee shall returnmaterials owned by the State in Grantee's possession at the time of anytermination. Crantee shall deliver all completed W'ork Product and all WorkProduct that was in the process of completion to the State at the State's request,

b. Payments

Notr¡¡itlstanding anything to the contrary, the State shall only pay Grantee foraccepted Work received as of the date of termination. If, after termination by theState, the State agrees that Grantee was not in breach or that Crantee's action orínaction was excusable, such termination shsll be teated as a termination in thepublic interest, and the rights and obligations of the Parties shall be as if thisAgreement had been terminated in the public interest under $2.8.

c. Damages and rüithholding

Notwithsla¡ding any other remedíal action by the State, Crantee shall remainliable to the State for any damages sustained by the State in connection with anybreach by Granteq and the State may withhold psyment to Crantee for the puposeof mitigating the State's damages until such time as the exact amourt of damagesdue to the State from Grantee is determined. The State may withhold any ômountthat may be due Grantee âs the State deems necessary to protect the State againstloss including, without limitation, loss as a result of outstanding liens and excess

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costs incurred by the State in procuring from third parties replacement Work ascovef.

ii. Remedies Nor lnvolving Termination

The State, in its discretion, may exercise one or more of the following additionalremedies:

a. Suspend Performance

Suspend Grantee's performance with respect to all or any portion of the Workpending corrective astion as specified by the State without entitling Crantee to anadjustment in price or cost or an adjustment in the performance schidule. Granteeshall promptly cease performing Work and incurring cosis in accordance wÍth theState's directive, and the State shall nor be liable for costs incurred by Granteeafrer the suspension of performance.

b. Withhold Payment

Withhold payment to Cranlee until Grantee corrects its tvVork.

c. Deny Payment

Deny payment for Work not performed, or that due to Grantee's actions orinactions, catrnot be performed or if they were performed are reasonably of novalue to the stât€; provided, that any denial of payment shall be equat to the vatueof the obligations not performed,

d. Removal

Demand immediate removal from the rWork of any of Granlee's employees,agents, or Subcontractors from the Work whom the State decms incompetent,careless, insubordinate, unsuitable, or othenvise unacceptable or whose continuedrelation to this Agreement is deemed by the State to be contrary to the publicinterest or the State's best interest.

e. Intellectual Property

If any Work infringes a patent, copynght, trademar'lc, trade secret or otherintellectual property right, Crantee shall, as approved by the State (a) secure thatright to use such lVork for the State or Granìee; (b) replace the Work withnoninfringing Work or modiff the Work so that it becomes noninfringing; or, (c)rÊmove any infringing Work and refund the amount paid for such Work to theState.

B, Grantee's Remedies

If the State is ín breach of any provision of this y'rgreement and does not cure such breach,6rantee, following the notice tnd cure period in $12.8 and the dispute resolution process in$14 shall have all remedies available at law and equity.

DTSPUTE RESOLUTION

A. InitialResoiution

Except as herein specifically provided otherwise, disputes concerning the performance of thisAgreement which csnnot be resolved by the designated Agreement reprèsentatives shall bereferred in writing to a senior departmental manâgement staffmember dèsignated by the State

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and a senior manager designated by Crantee for resolution.

B. Resolution of Controversies

lf the initi¿l resolution described in $14.4 fails to resolve the dispute within l0 BusinessDays, Grantee shall submit any alleged breach of this Agreement by the State to thepurchasing directcr of Department of Public Safety (RAA) for resolution following the sameresolution ofcontroversiesprocess as described ín $$2a-109-101.5,24-109-106,2+109-107,and 24-109-201 through 24-109-206 C.R.S., (the "Resolution Statutes"), except that ifGrantee wishes to challenge any decision rendered by the purchasing director, Crantee'schallenge shall be an appeal to the executive director of the Department of Personnel andAdministralion, or their delegate, in the s¡une manner as described in the Resolution Statutesbefore Crantee pursues any further action. Except as otherwise stated in this Section, allrequirements of lhe Resolution Statutes shall apply including, without firnitation, timelimitations regardless of whether the Colorado Procurement Code applies to lhis Agreement.

15. NOTICES AND REPRESENTATIVES

Each individual identified below sh¡ll be the principal representative of the designating Party. Allnotices required or permitted to be given under this Agreement shall be in writing, and shall bedelivered (i) by h¿nd with receipt required, (ii) by certified or registered mail to such Party'sprincipal representative at the address set forth below or (iii) as an email with read receipt requestedto the principal representative at the email address, if any, set fo*h below. If a Party delivcrs a

notice to another through emnil and the email is undeliverable, then, unless the Party has beenprovided with an alternate email contact, the Party delivering the notice shall deliver lhe notice byhand with receipt required orby certified or registered mail to such Party's principal representativeat the address set forth below. Either Party may change its principal representative or principalrepresentative contact information by notice submined in accordance with this $15 without a

formal amendment to this Agreement. Unless otherwise provided in this Agreement, notices shallbe eftbctive upon delivery of the written notice.

For the State¡Esthet Son, Grants and Contracts ManagerDepartment of Public Safety,Division of Homeland Security and EmergencyManagement9 ¡ 95 E. Mineral Avenue, Suite 200Centennial, CO 80112Esther. [email protected].üs

For Gr¡ntee:Lin BonesteÊ|, Program ManagerOfïice of Emergency Managementl0l West Colf¿x Avenue, Floor ?Denver, CO 80202Li nda. Bonesteel @denvergov-org

Ió. RIGHTS IN \UORK PRODUCT AIIÍD OTHER INFOR¡VTATION

A. V/ork Product

i. Copyrights

To the extent that the Work Product (or any portion of the Work Product) would not beconsidered works made for hire under applicable law, Grantee hereby assigns to theState, the entire right, title, ând inlerest in and to copyrights in all Work Product and allworks based upon, derived from, or incorporating the Work Product; all copyrightapplications, registrations, extensions, or renewals relating to all Work Product and allworks based upon, derived from, or incorporating the ìüork Product; and all moralrights or similar rights with respect ¡o the Work Product throughout the world. To theextent that Grantee cannot make any of the assignments required by this section,

Pagc l8 of25 Vcrsion 0?J0l?

t7.

Grantee hereby 8¡ants to the State a perpetual, irrevocable, royalty-free license lo use,modiiy, copy, publish, display, perform, transfer, distribute, sålL and create derivativeworks of the Work Product and all works based upon, derived from, or incorporatingthe Work Product by all means and methods and inany format now k¡own or inventeãin the fu¡¡re. The State may assign ¿nd license its rights under this license.

ii. Assignments and Assistance

Whether or not Grantee is under contract with the State at the time, G¡antee shallexecute applications, assignments, and other documents, and shall rcnder ail otherreasonable assistance requested by the State, to enable the Srate to secure patents,copyrights, licenses and other intellectual property rights related to the Work product.The Panies intend the Work Product to be works made for hire. Grantee assigns to theState and its successors and assigns, the entire right, titte, and interest in and to alltauses of action, either in law or in equit¡ for past, present, or futu¡e infringement ofintellectual property rights related to the Work Product and all works based oã, derivedfrom, or incorporating the Work product.

B, Exclusive Property of the State

Except to the extent specifically provided elsewhere in this Agreement, any pre-existing StateRecords, State software, research, reports, studies, photographs, nliatives or otherdocuments, drawings, models, rnaterials, data and informaiion shalibe the elxclusive propertyof the State (collectively, "State Materials"). Grffitee shall not use, willingly allow, iaus" otpermit rtl/ork Product or State Materials to be used for any purpose other thãn the performaneeof Grantee's obligations in this Agreement without ttrè þr;ôr written consent of the State,Upon terminet¡on of this Agreement for any reason, Crantee shall províde all Work productand State Materials to the State in a form and manner as directed Uy the State.

C. Exclusive Property of Grantee

Crantee retains the exclusive rights, title, and ownership to any and atl pre,existing materialsowned or licensed to Grantee including, but not limiteóto, all pre-existlng softwarã, licensedproducts, associated sourc€ code, machine code, text images, audio and/ãr video, and third-party materials, delivered by Grantee under the Contract, whether incorporated in aDeliverable or necessary to use a Deliverable (collectively, "6rantee Properþ"). GranteeProperty shall be licensed to the State as set fo¡th in this Contract or a State approved licenseagreement: (i) entered into as exhibits to this Agreement, (ii) obtained by thå'State from theapplicable third-pañy vendor, or (iii) in the case of open source software, the license termsset forth in the applicable open source license agreemènt.

COVERNMENTAL IMMUNITY

Liability for claims for injuries to persons or property arising from the negligence of the State, itsdepartments, boards, comrnissions committees, buteaus, officer, emptoye-es-and officials shall becontrolled and limited by the provisions of the GIA; the Federal Tort

-Claims Act, 28 U.S.C. pt. VI,

Ch. l7l and 28 U.S.C. t346(b), and the State's risk management statutes, gg24-30-l 501, er seq.c.R.s.

STATE1ryIDE CONTRÂCT MANAGEMENT SYSTEM

lf the maximum amount payable to Grantee under this Agreement is $ I 00,000 or greater, either onthe Effective Date or at any time thereaåer, this $19 shali apply. Orantee ugr..r tå-be governed byand comply with the provisions of $24102-205, $24-l0z:io6, gz+-t03-6-0t, $24-103.5-10l and

UASI Encumbr¡nre # IEUASt9DEN

r8.

Page l9 of25 Verrion 0?-20 t 7

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$24-105-102 C.R,S, reg¡rding the monitoring of vendor perfonnance and the reporting ofAgreement performance information in the State's Agreement managem€nt system ("ContractManagement System" or "CMS"). Grantee's performance shall be subject to evaluation and reviewin accordance with the terms and conditions of this Agreement, Colorads statutes goventing CMS,and State Fiscal Rules and State Controller policies.

19. GENERAL PROYISIONS

A. Assignment

Grantee's rights and obligations under this Agreement are personal and may not bekansferred or assigned without the prior, written consent of the State. Âny attempt Âtassignment or transfer without such consent shall be void. Any assignmenl or transfer ofGrantee's rights and obligations approved by the State shâll be subject to the provisions ofthis Agreement.

B. Subcont¡acts

Crantee shall submit to the State a copy of each such subgrant or subcontract upon requestby the State. All subgrants and subcontracts entered into by Grantee in connection with thisAgreement shall comply with all applicable federal and state laws and regulations, shallprovide that they are governed by the laws of the State of Colorado, and shall be subject toall provisions of this Agreement. If the entity with whom Grantee enters into a subcontractor subgrant would also be considered a Subrecipient, then the subcontract or subgrant enteredinto by Grantee shall also contain provisions permitting both Crantee and the State to perfonnall monitoring of that Subcontractor in accordance with the Uniform Guidance.

C. Binding EfÍect

Except as othenvise provided in $19.4., all provisions of this Agreement, including thebenefits and burdens, shall extend ts and be binding upon the Pafies' respect¡ve successorsand assigns.

D, Authority

Each Party represents and warrants 1o the other that the execution and delivery of thisAgreement and the performance of such Party's obligations have been duly authorized.

E. Captions and References

The captions and headings in this Agreement are for convenience of reference onl¡ and shallnot be used to interpret, define, or limit its provisions. All references in this Agreement tosections (whether spelled out or using the $ symbol), subsections, exhibits or otherattachments, are references to sections, subsections, exhibits or other attachments containedherein or incorporated as a part hereof, unless otherwise noted.

F. Counterparts

This Agreement may be executed in multiple, identical, original counterparts, each of whichshall be deemed to be an original, but all of which, taken together, shall constituts one andthe same agreemeñt.

G. EntireUnderstanding

This Agreement represents the complete integration of all understandings between the Pa*iesrelated to the lVork, and all prior representations and understandings related to the Work, oralor written, are merged into this Agreement. Prior or contemporaneous additions, deletions,

Page 20 of25 Versio¡ 07.2017

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or other changes to this Agreement shall not have any force or effect whatsoever, unlessembodied herein.

H. Jurisdiction and Venue

All suits or actions related to this Agreement shall be filed and proceedings held in the Stateof Colorado and exclusive venue shall be in the City and County of Denver.

L Modification

Except as otherwise provided in this Agreement, any modifïcarion to this Agreement shallonly be effective if agreed to in a formal amendment to this Agreement, properly executedand approved in accordance with applicable Colorado Statc law and State Fiscal Rules.Modifications permitted under this Agreement, other than Agreement amendments, shallconform 1o the policies promulgated by the colorado state controller.

J. Statutes, Regulations, Fiscal Rules, and Other Authority.

Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy orother authority shall be inlerpreted lo refer to such authority then cunent, as may have beenchanged or amended since the Effective Date of this Agreement.

K. Order of Precedence

In the event of a conflict or inconsistency between this Agreement and any Exhibits oratlachment such conflict or inconsistency shall be resolved by reference to the documents inthe following order of priority:

i. Exhibit D, Federal Provisions

ii. Colorado Special Provisions in $19.T of the main body of this Agreemenr.

iii. The provisions of the other sections of the main body of this Agreement.

iv. Exhibit A, Statemenr of Work.

v. Exhibit B, Budget.

vi, Exhibit C, Sample Option Letrer (Form t).

L. Severability

The invalidity or unenforceability of any provision of this Agreement shall not affect thevalidity or enforceabilíty of any other provision of this Agreernent, which shall remain in fullforce and effect, provided that the Parties cân continue to perform their obligations under thisAgreement in accordance with the intent of the Agreement,

M. Survival of Certain Agreement Terms

Any provision of this Agreement that imposes an obligation on a Party after termination orexpiration of the Agreement shall survive the termination or expiration ofthe Agreement andshall be enforceable by the other Party.

N. Taxes

The State is exempt from federal excise taxes under t.R.C. Chapter 32 (26 U.S.C,, SubtitleD, Ch. 32) (Federal Excise Tax Exemption Certificate of Registry No.84-730123K) and fromState and local govemment sales and use taxes under $$39-26-704(l), et seq, C.R.S.(Colorado Sales Tax Exemption ldentification Number 93-02565). The State shall nor beliable for the payment of any excise, sales, or use taxes, regardless of whether any political

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UASI Encumh¡oncc f ISUASI9DEN

subdivision of the state imposes such tâxes on Crantee. Grantee shall be solely responsiblefor any exemptions from the collection of excise, sales or use taxes that Grantee may wish tohave in place in connection with this Agreement.

O, Third Party Beneficiaries

Except for the Parties' respective successors and assigns described in $19.8., this AgreementdoEs not and is not inlended to confer any rights or remedies upon any person or entity otherthan the Parties. Enforcement of this Agreement and all rights and obligations hereunder arereserved solely to the Parties. Any services or benefits which third pafies receive as a resultof this Agreement a¡e incidentat to the Agreement, and do not create any rights for such thirdparties.

P. Waiver

A Party's failure or delay in exercising any right, power, or privilege under this AgreemenÇwhether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any singleCIr partial exercise of any right, power, or privilege preclude any other or fi.rrther exercise ofsuch right, powerr or privilege.

a. CORA Disclosu¡e

To the extent not prohibited by federal law, this Agreement and the perlorrnance measuresand standards required under $24-103.5-l0l C.R.S., if any, are subject to public releasetluough the CORA.

R. S¡anda¡d and Manner of Performance

Grantee shall perform its obligations under this Agreement in accordance with the higheststandards of care, skilI and diligence in Grantee's industry, trade, or profession.

S, Licenses, Permits, and Other Authorizations.

Grantee shall secure, prior to the Effective Date, and maintain at all times during the term ofthis Agreement, at its sole expense, all ticenses, certifications, permits, and otherauthorizûtions required to perform its obligations under this Agreement, and shall ensure thatall employees, agents and Subcontractors secure and maintain at all times during the term oftheir employment, agency or Subcontractor, all licensg certifications, permits and otherauthorizations required to perform their obligations in relation to this Agreement.

T. Federal Provisiorrs

Grantee shall comply with all applicable requirements of Exhibit D at all times during theterm of this Grant.

20. coLoRADO SPECTAL PROVISIONS (COLORADO FISCAL RULE 3-r)

These Special Provisions apply to all contracts Except where noted in italics.

A. CONTROLLER'SAPPROVAL. 924-30-202(l), C.R.S.

This Agreement shall not be valid until it has bEen approved by the Colorado State Controlleror designee.

B. FUI\ID AVAILABILITy. S24-30-202(5.5), C.R.S.

Financial obligations of the State payable after the curent State Fiscal Year are contingentupon ñrnds for that purpose being appropriated, budgeted, and othenvise made available,

Pagcl? ol23 Version 07J017

UASI Encumbr¡ncc # ISUASISDEN

C. GOYERNMENTALIMMUNITY.

No term or condit¡on of this Agreement shall be eonstrued or interpreted as a waiver, expressor implied, of any of the immunities, rights, benefits, protections, or other provisions, of tneColorado Govemmental [mmunity Act, $24-1 0-l0l et seq. C.R.S., or the Feãeral To* ClaimsAct, 28 U.S.C. Pt. VI, Ch. l7l and 28 U.S.C. lJ46(b).

Þ. INDEPENDENTCONTRACTOR

Grantee shall perform its duties hereunder as an independent contractor and not as anemployee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be anagent or employee of the State. Crantee and its employees and agents are not entitled tounemployment insurance or workers compensation benefits tluough the State and the Stateshall not pay for or otherwise provide such covcrage for Grantee or äny of its agents oremployees. Unemployment insurance benefits will be available to Grantee and its employeesand agents only if such coverage is made available by Grantee or a third party. Grantee shallpay when due all applicable employrnent taxes and income taxes and local head taxesincu¡red pursuânt to this Agreement. Grantee shall not have authorization, express or implied,to bind the St¿te to any agreement, liability or understanding, excepr as expressly seiforthherein. G¡antee shall (i) provide and keep ín force workers'compensátion und unr*ploymentcompensation insurance in the amounts required by law, (ii) provide proof theràolwhenrequested by the State, and (iii) be solely responsible for its acts and those of its employeesand agents.

E. COMPLIANCE TVITH LAW.

Grantee shall strictly comply with all applicable federal and State laws, rules, and regulationsin effect or hereafter established, including, without limitation, laws applÍõable todiscrimination and unfair employment practices.

F. CHOICE OF LA\ry.

Colorado law, and rules and regulations issued pursuatrt thereto, shall be applied in theinterpretation, execution, and enforcement of this Agreement. Any provision

-included or

incorporated herein by reference which conflicts with said laws, rules, and regulations shallbe null and void. Any provision incorporated herein by reference which prrpotrr ro negatethis or any other Special Provísion in whole or in part shall not be valid or enforceablã oravailable in any action at law, whether by way of complaint, defense, or otherwise. Anyprovision rendered null and void by the operation of this provision shall not invalidate thãremainder of this Agreement, to the extent capable of execution.

G. BTNDINGARBITRATIONPROHIBTTED,

The State of Colorado does not agree to binding arbitration by any extra-judicial body orperson. Any provision to the conbary in this Agreement or incorporated herein by re ferenceshall be null and void.

H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.

State or other public funds payable under this Agreement shall not be used for the acquisition,operation, or maintenance of computer software in violation of federal copyrighi laws oiap¡licable licensing restrictions. Crantee hereby certifies and wananß that, during the termof this Agreement and any extensions, Grantee has and shall maintain in ptace appropriatesystems and controls to prevent such improper use of public fi¡nds. If the St¿te determinesthat Grantee is in violation of this provision, the State may exercise any remedy available at

Page 23 of25 Vcrsiono?Jotl

UASI f,ncumbr¡nca# l8t ÂS|9DEN

law or in eguity or under this Agreement, including, without limitation, immediatetermination of this Agreement ünd any remedy consistent with federal copyright laws orapplicable licensing restrictions.

L EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INT[,R"EST. $$24-18-201 and24-50-507,C.R.S.

The signatories aver that to their knowledge, no employee of the State has any personal orbeneficial interest whatsoever in the service or property described in this Agreement. Granteehas no interest and shall not acquire any interest, direct or indirect, that would conflict in anymãnner or degree with the performance of Grantee's services and Grantee shall not employany person having such known interests.

J. VENDOR OFFSET. $$24-30-202(l) and 24-30-202,4, C.R.S.

lMot applìcable lo intergovenunental øgreearcnßf Subject to $24-30-202.4(3,5), C.R.S., theState Controller may withhold payment under the State's vendor offset intercept system fordebts owed to State agencies for; (i) unpaid child support debts or chíld support aÍearages;(ii) unpaid balances of tax, accrued interest, or othercharges specified in $$39-21-101, etscq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Depafiment of HigherEducation; (iv) amounts required to be paid to the Unemployment Compensation Fund; and(v) other unpaid debts owing to the State as a result of frnal agency determination or judicialaction,

K. PUBLIC CONTRACTS FOR SERVICES. $$E-17.5-101, et seq. C.R.S.

lNot øpplícable to agreenents relaîíng la the offer, íssuance, or søle of securîlíes,investnent advisoty servíces or fund ,tranaget rent services, sponsored projects,ínlergovemuentøl og¡esaßnts, or ìnfornatìon technologt sewices ot products endservìcesl Çranfee certifies, warrants, and agrees that it does not knorvingly employorcontractwith an illegal alien who will perform work under this Agreement and will confirm theemployment eligibility of all employees who are newly hired for emptoyment in the UnitedStates to perform work under this Agreement, through participation in the E-Verify Programestablished under Pub. L. 104-208 or the State veriflrcation program estabtished pursuant to$8-17.5-102(5Xc), C.R.S., Grantee shall not knowingly employ or contract with an illegalalien to perform work undçr this Agreement or enter into a contract with a Subcontractor thatfails to certify to Grantee that the Subcontractor shall not knowingly employ or contract withan illegal alien to perform work under this Agreement. Crantee (i) shall not use E-VerifyProgram or State program procedures to undefi¿ke pre-employment screening of jobapplicants while this Agreement is being performed, (ii) shall notify the Subcontractor andthe contracting State agency within 3 days if Grantee has actual knowledge that a

Subcontractor is employrng or conracting with an illegal alien for work under thisAgreement, (iii) shall terminate the subcorttract if a Subcontractor does nof stop employingor contracting with the illegal alien within 3 days of receiving the notice, and (iv) shallcomply with reasonable requests made in the course of an investigation, undertaken pursuantto $8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Granteeparticipates in the State program, Grantee shall deliver to the contracting State agency,Institution of Higher Education or political subdivision, a written, notarized affrrmation,afärming that Grantee has examined the legal work status of such employee, and shallcomply with all of the other requirements of the State program. If Crantee fails to complywith any requirement of this provision or $$8-17.5-l0l et seg., C.R.S., tlre contracting Stateagency, institution of higher education orpolitical subdivision may terminate this Agreement

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for breach and, if so terminated, Grantee shall be liable for damages.

PUBLTC CONTRACTS WITH NATURAL PERSONS. gg24-76.5- l0l, et seq.,C.R.S.

Grantee, if a natural person l8 years of age or older, hereby swears and aftirms under penaltyof perjury that he or she (i) is a citizen or otherwíse lawfully present in the United Stat.spursuant to federal law, (ii) shall comply with the provisions of gg24-76,5 -l0l et seq.,C.R.S.,and {iil) has produced one form of identification required by g24-76.5-103, C.R.S. prior tothe Effective Date of this Agreement.

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EXHTBIï A, STATEMENT Otr \ryORK

r. GENERAI, DESCRIPTTON OF IIIE PROJECT(S).l.l Project Description. Support preparedness activities to buíld and sustain core capabilities across fhe

Prevenlion, Protection, Mitigation, Response, and Recovery mission areas essential to achieving theNational Preparedness Goal of a secure and resilient Nation.

1.2 Project Expenses. Project expenses include the costs to hire the contractor to complete the project

as described in $ L t. All eligible expenses are listed in the budget table in Exhibit B.1.3 Non-Í'eder¡l Match: This non-federal mstch seclion I applies to or does not apply ffi to this Grant.

If it applies, this Crant requires a non-federal match coatribution of_9å of the total Orant budget.Documentation of expeodirures lor the non-federal match contribution is required with each

drawdown requesl. tf applicable the match El *uy or may not I include in-kind match.

2, DELIVER.A,BLESI2.1 Gnntee shall submit narrative and financial reports describing project progress, accomplishments,

and any delays in meeting the objectives or expenditur€s to date as described in g3 of this Exhibit A.2,2 List additional grant deliverables: None,

3. R.EPORTING REQUIREMENTS:3.1 Quarterly F'inencial St¡tus and Progress Reports. The project(s) approved in this Crant are to be

compleled on or before the termination date stated in $2.A of the Grant Agreement. Grantee shallsubmit quarterly ltnancial status and programmatic progress reports for each project identified in thisageement using the forms provided by the Department of Pubtic Safety tkoughout the lile of thegrant. One copy of each required report with original or electronic approvals shall be submitted inaccordance with ùe schedule below: flhe order of the reporting period quarters below are irrelevantto the grant, Ifthe grant is open during the "report period" reports for that period are due on the dates

listed. If the grant is for more than one year, repots are due for every quarter that the grant remainsopen.)

lRe¡ortPerlod ..,I1úcrDrtc.

October * December Januarv 30Januarv:.lvfaich .AuäI30 .Aoril - June July 30'Jt¡lv - Senteñb€Í

3.2 Finsl Reports: Grantee shall submit fin¡l financial status and progress reports that provide finalfinancial reconciliation and final cumulative grant/project aceomplishments within 45 days of the end

of the project/grant period. The final report may not include unliquidated obligations and must

indicate the exact balancc of unobligated fr¡nds. The final reports may substitute for the quarterlyrsPorts for the fina! quarter of the grant period. Ifall proj ects are completed before the end of the grantperiod, the final report mây be submitted ât any time before its final due date. Further reports are notdue after the Division of Homeland Security and Emergency Maaagement has received, and sent

notice ofrcceplance ofthe finol grant report.

4. TESTING AND ACCEPTANCE €RITERJA:The Division of Homeland Security and Emergency Management shall evaluate this Project(s) ah¡ough

the review of Grantee submitted financial ond progress reports. The Division of Homeland Security and

Emergency Management may also conduct on-site monitoring to determínc whether the Grantee ismecting/has met the performance goats, adminis¡rative standards, financial management and otherrequirements of this grant. The Division of Homeland Security and Emergency Management will notify

Exhibir A Page I of3 Vcrsion 071017

UASI Encumbr¡ncc # ISUASIgDEN

Grantee in advance of such on-site monitoring,5. PAYMENT:

5.1 Paymcnt Schedule: Orsntee shall submit reguests for reimbursement us¡ng the Division of HomelandSecurity and Emergency Management's provided form at least quârlerly, One original orelectronically signed/submitted copy of the reimbursünent request is due on the same dates as therequired fìnancial reports. All requests shall be for eligible actual expenses incuned by Grantee, osdescribed in detail in the budget table(s) of this Exhibit. Requests shall be accompanied by supporringdocumentation lotaling at least the amount requested for reimbursement and any required non-federalmatch contribution. If any financial or progress reports âre d€linquent at ths time ofa paymenr request,the Ðivision of Homeland Security and Emergency Management may withhold such reimbursementunlil the required reports have been submit¡ed,

5.2 Pryment Amount: If non-federal match is required, such match shall b documented with everypaymenl request. Excess malch documented and submitted with one reimbursement reguest shall beapplied lo subsequent reguesls as necessary to maximize the allowable reimburse¡nent.

5.3 Remlttrnce Address. lf mailed, payments shall be sent to the representative identified in g16Grantee:

co

6. AÐMINISTRATM REQUIR_EMENTS¡Required Documentation: Grantees shall retain all procurement and paymert documentation on sire forinspection. This shall include, but not be limited to, purchase orders, receiving docum€rts, invoices,vouchers, equipment/services identification, and aime and efforr repons.6.1 Sufficient detail shall be provided with reimbursem€nt requests to demonstrate that expenses are

allowable and appropriate as detailed below:6.r.t Equipment or tangible goods. When requesting reimbursement for equipment items with a

purchase price of or exceeding $5,000, and a useful life of more than one year, the Granteeshall provide e unique identi$ing number for the equipmen!, with a copy of the Cr¡ntee,sinvoice and proof of payment, The unique identi$ing number can be the m¿nufacþrer,sserial number or, if the Grantee has its own existing inventory numbcring system, that numbermay be used. The location of the equipment shall also be provided. ln addition to ongoingtracking requirements, Grantee shall ensure lhat equipment i¡ems with per unit cost of $5,000or more are prominently marked in a manner similar to the following: Purchased with fi,¡ndsprovided by the U.S. Department of Homeland Securiry.

6.1.2 Service¡, Orantees shall include contraclpurchase order nurnber(s) or employee names, thedate(s) the services were provided and rhe nature of the serviccs.

6.2 Procurement: A Grantee sh¿ll ensure its procurement policies meet or exceed local, state, and federatrequirements. Granlees should refer to local, state, and federal guidance prior to making decisionsregarding competi¡ive bids, sole source or other procurement issues. ln addition:6.2.1 Any solc source transaction in excess of $t0Q000 shalt be approved in advance by thc

Divisíon of Homeland Security and Emergency Management.6.2,2 Grantees shall ensure that: (a) All procurement transactions, whether negotiated or

competilively bid, and without regard to dollar value, are colducted in a manner that providesmaximum open and free competition; (b) Grantee shall be alert to organizational conflicts ofi¡terest and/or non.compelitive practices among contriacton that may restrict or eliminate

Exhibit A Page 2 of3 Vcnioo 07,2017

UASI Encumbr¡ncc f ISUASI9DEN

competition or othen¡¡ise restrain trade; (c) Conhactors who develop or ùaft specifications,requirements, statements of worft, and/or Requests for Proposals (RFPs) for a proposed

procurement shall be excluded from bidding or submitting a proposal to compete for the

award of such procurement; and (d) Any request for exemption of item a+ within lhissubsection shall bc submitted in uniting lo, õnd be approved by the authorized Grantee

official.6.23 Grantee shall veri$ that the Contractor is not deb¡ned from participrtion in state and fcderal

prograûu¡. Sub-grantccs shoutd review contractor debarment inform¿tion onl¡tm://umwsarnmv.

6.2,4 lVhen issuing requests for proposals, bid solicitations, and other published documenlsdescribing projects or prograril¡ funded in whole or ín part wilh thesc grant ftrnds, Granteeond Subranlees shall use the phrnse J'This project $'as supported by grant #!j!UÂgl!DEN,issued by the Division of Homcland Securityand Emergency Manngement."

6.2.5 Grantee shall verify that all purchases arc listed in $l of this Exhibit or Exhibit C. Equipmentpurchases, if any, shall be for itcms listed in thc Approved Equipment List (.A-E.t) for thegrant period on the Responder Knowledgc Base (RKB), at @Additionally, funds used to support emergencycommunications activities should complywith the FY 2016 SAFECOM Guid¡nce for Emergency Communication Grants, at

httn:l/wqrsr-gf bryßrn my6.2.6 Grantee shall ensure that no rights or duties exercised under this grant, or equipment

purchased with Grant Funds having a purthase value of $5,0(X) or more, are assigned withoutthe prior written consefi of the Division of Homeland Security rnd Emergency M¡nagêment.

6,2.7 Grantee shall et$üe that all funds are needed to supplenren¡ and not lo supplant the Grantee'sown ñ¡nds.

63 Additional Administretlve Rcquirements:63.f The Crantec musl fequest upproval in ¡dv¡nce for any change to this Grant Agreement, using

the forms and procedures established by thc Division o[ Homeland Sccurity and EmergencyManagement.

6.3.2 All applicant agencies that own resources curently covered by the Colorado Resourcc TlpingStandards must agroe to participate in the State's Emcrgmcy Resourcc lnvc'ntory Report and

update their inforrn¡tion on a quarterly basis.

633 All funding related to excrcises must be managcd and cxccuted in accordance with the

Homeland Security Excrcise and Evaluation Program (HSEEP) and must be NationalIncident Managønent System (NIMS) compliant. Regardless ofexercise t1rye or scope, AfìerAction Reports/lmprov€ment Plans are due lo ¡he State Training and Exercise Program

Manager within 45 days of the exercise.

Exhibit A Page 3 of3 Vcrsion 0?3017

BIJDGET;

EXHIBIT B, BLJDCET

UASI Encumbrence # ISUASISDEN

ProJect Acthtí ty/Line It em Federal Share'

Plsnnlng $ 827.766.00t $ 1122.234.00

Tr¡lnine $ 30,000.00Exercise $ 0.00Ms¡¡seme[t& Âd¡ntnistr¡tlon $ 120.000.00Tot¡l Budeet $ 2100.000.00

Exhibit B Page I ofl Vcnion 073017

UASI Encombr¡ncc # ISUASI9DEN

EXHTBTT C, SAMPLE OPTION LETTER GORM t)

Originll Agrecment

Original CMS NumberEncumbrancc NumberSubrecipient DLJNS NumberFcdenl Award ldentification Number (FAIN)Total Amount olthe Fcderal AwardFetleral Award Dnte

Name of Federal Awarding AgencyCFDA 97,067 Homeland Security Grant Progam

Insert CMS #l8UÀSl9rxrInscrt DUNS Numbcrlnsc¡t FAIN Number$6,Soli,oooScpienbcr4,20l?DHSr?!MA

I. OPTIONS:

2.

A- Option to extend for an Extcnsion TermB. Option to modi$.Budget table unúcr the Agrcement

REQLJIRED PROVISTONS:A. For urè witb O¡då¡r JfÀl: fn acûordance with Section(s) Number of the Original Agreemenr

refefencèil qbove, thelSãte hereby exercises its oplion for an additional term, beginning Insert cunentdate andori¡iinat

ending on thl'cuncnt Agreement expiration date shown above, at the rates slated in theAgrËffiÈnf rs lqended.

B. The Agreement MaximumAmount trihte Agreement's Signanrre and Cover Page is hereby deleted and replacedwith the Current Agreement Maximum Amount table shown above. The ma:rimum amountpayable by the State for performance of this Grant Agreement is increased/decreased to$ and the maximum amount of local matching funds, if applicable, is $ , The totalproject amount is $

P r oj ec t Ac t iv î tylL ín e lte m Federnl Shdre

PlanninlEqul¡mcatTralnln¡ExerclseManrgement & AdminTOTII BUDGET

Strte AgencyDcpartmcnt of Public Safety

Option Letter Nunberlnsert the FORM I Number (e,g. " l " for the first

Optiq¡ ÆreemcntfiumberInscrt CMS numbcr i

Gr¡nteeInsert Grantee's Full Legal Name, including "Inc,", "LLC", etc,..

' Option Agrccment,M¡¡imum A¡nountfl¡sert Amount

: "'Agrèmcnt Pcrlòim¡nce Beginning DateThc laþr of thc,Effectivc Date or Month Day, Year

Currcnt Agrcement ßxpirrtion DaleMonth Day, Year

Exhibit C Page t ol2 Versio¡ o7l0l7

3. OPTION ET'FECTIVE DATG :A. The effeclive date of this Option Letter is upon approval of tbe St¡te Controller.

UASI Enc¡rmbr¡ncq # ISUASIIDEN

STATEOTCOLORADOJohn W. Hickcnloopcr, Governor

Deparrmcnr of Public Safcty,Division of Homeland Sccurity and Emergcncy Managcmenr

Date:

By¡ Kcvin R. Klcin. Director

unlil signcd andwith

thc Stale Controller or an

JI'

notc,R.s.,

DlrcclorEzra

Exhibir c Page 2 ofZ Vcnim0?1017

UASI Encumbr¡ncc f ISUASI9DEN

EXHIBIT D, FEDERAL PROyISIONS

I. APPLICABILITY OF PROVISIONS.

l.l. The Agreement to which these Federal Provisions are attached has been funded, in whole or inpart, with an Award of Federal funds. In the event of a conflict between the provisions of theseFederal Provisions, the Special Provisions, the agreement or âny attachments or exhibitsincorporated into and made a part of the ågreement, the provisions of these Federal Provisionsshallcontrol.

2, I}EFINTTIONS.

2.1. For the purposes of these Federal Provisions, the following tenns shall have the meaningsascribed to them below.

2. t.1.

2.1.2

2.1.2.1.

2.t.2.t.t.

2.1.2,1.2.

2.t.2.t,3,

2,t.2.t,4.

2.t.2.t.5.

2,t.2.t.6.

2,t,2.1,7,

2.t.2,t,8,

2,t,2.1.9.

2.t.2,t.t0.

2.t.2.t,u.

?.t.2.t.12.

2.1.2.2.

2,1.2.2.1,

2.1.2.2.2.

2,1.2.2.3

"Agreement" means the Grant Agreement to which these Federal Provisions are attached andincludes all Award types in $2.1 ^2.1 of this Exhibit.

"Award" means an award of Fede¡al financial assistance, and the agreement setting forth theterms and conditions of that financial assistance, that a non-Federal Entity receives oradministers.

Awards may be in the form of:

Grants;

Contracts;

Cooperative agrecmenls, which do not include cooperative research and developmentagreements (CRDA) pursuant to the Federal Technology Transfer Act of 1986, asamended (15 U.S.C. 3710);

Loans;

Loan Guarantees;

Subsidies;

Insurance;

Food commodities;

Direct appropriations;

Assessed and voluntary contributions; and

Other financialassistance transactions that authorize the expenditure of Federal fundsby non-Federal Entities,

Any other items specified by OMB in policy memoranda available at the OMBwebsi¡e or other source posted by the OMB.

Award does nol inslude:

Technical âssistance, which provides services in lieu of money;

A transfer of title to Federally-owned property provided in lieu of money; even if theaward is called a grant;

Any award classified for securíty purposes; or

Exh¡b¡r D Page I of9 Ve¡sion 07.2017

2.1.2.2.4.

2.t.3.

2.1.4.

2. t.5.

2. t.5. L

2.t.5,2.

2.1.5.3.

2.1.s.4.

2,1.5.5.

2.1.6-

2,t.7

2.1.8.

2.t.9,

2.r.t0.

2.1.1 l.

2.1.t?.

2.t,13,

UÀSI Encr¡mbruncc I tSUASISDEN

Any award fi.lnded in whole or in part with Recovery funds, as defined in scction l5l2of the American Recovery and Reinvestrnent Act (ARI{A) of 2009 (Public Law I I l-5).

"Csntractor" means the party or parties to an Agreement funded, in whole or in part, withFederal financial assis(ance, other than the Prime Recipient, and includes grantees,subgrantees, Subrecipients, and borrowers. For purposes of Transparency Act reporting,Contractor does not include Vendors.

"Data Universal Numbering System (DtrNs) Number" meâns the nine-digit numberestablished and assigned by Ðun and Bradstreet, Inc. to uniquely identify a business entity.Dun and Bradstreet's website may be found at: http:/lfedgov.dnb.com/webform.

"Entity" means all of the following as defined at 2 cFR partll,subpart c;A governmentalorganization, which is a State, localgovernment, or Indian Tribe;

A foteign public entity;

A domestic or foreign non-profit organization;

A domestic or foreign for-proht organization; and

A Federal agency, but only a Subrecipient und€r an Award or Subaward to ¿ non-Federalentity.

o'Executive" means an officer, managing partner or any other employee in a managementposition.

"Federal Award ldentification Number (FAIN)" means an Award number assigned by aFederal agency to a Prime Recipient.

"Federal Awarding Agency'' means a Federal agency providing a Federal Award to aRecipient as described in 2 CFR $200,37

"FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (PublicLaw 109-282), as amended by $6202 of Public Law I rc-252. FFATA, as amsnded, also isreferred to as the "Transparency Act."

"OfvGÌ" means the Executive Ofïice of the President, OfÏice of Management and Budget.

"Prime Recipient" means a Colorado State agency or institution of higher educafion thatreceives an Award.

"Subaward" means an award by a Recipient to a Subrecipient fi¡nded in whole or in part bya Federal Award. The terms and conditions of the Federal Award flow down to lhe Awardunless the terms and conditions of the Federal Award specifically indicate otherwise inaccordance with 2 CFR $200.38. The term does not include payments ro a contractor orpsyments to an individual that is a beneficiary of a Federal progfam.

"Subrecipient" msåns a non-Federal Entity (or a Federal agency under an Award or Subawardto a non'Federal Entity) receiving Federal fi,rnds through a Prime Recipient to support theperformance of the Federal project or progftim for which the Federal funds were awarded. ASubrecipient is subject to the terms and conditions of the Federal Award to the PrimeRecipient, including program compliance requirements. The term "subrecípient" includesand may be refened to as Subgrantee. The term doEs not include an individual who is abeneficiary of a federal progr:¡m.

Exhibit D Pagc 2 of9 Version 07.2017

2.1,t4.

2.1.15

2.1,16

2.1.t7

7,t.t7.t.

2,t,17,2.

2.1.t7.4.

2.l.t7.5.

2.t,17,6.

2.1.1 8.

2.1.1 9.

2.t.20

2.t.t7.3

3. COMPLIA¡¡CE.

3.1. Contractor shall comply with all applicable provisions of the Transparency Act, all applicable

UASI Encumbr¡ncc # ISUASI9DEN

"Subrecipient Parent DttNS Number'' means the subrecipient parent organization's 9-digitÐata Universal Numbering Systern (DUNS) number that appears in the subrecipienl's Systemfor Award Management (SAM) profile, if applicable.

"Federal Provisions" means these Fedcral Provisions for Federally Funded Conbacts, Grants,and Purchase Orders subject to the Transparency Act and Uniform Guidance, as may berevised pursuant to ongoing guidance from the relevant Federal or State of Colorado ag€ncyor institutions of higher education.

"System for Award Management (SAM)" meâns the Federal reposilory into which an Entitymust enter the information required under the Transparency Act, which may be found athç://www.sam.gov.

"Total Compensation" means the cash and noncash dollar value earned by an Executiveduring the Prime Recipient's or Subrecipient's preceding fiscal year and includes thefollowing:

Salary and bonus;

Awards of slock, stock options, and stock appreciation rights, using the dollar amountrecognized for financial statement reporting purposes with respect 1o the fiscal year inaccordance with the Sfatement of Financial Accounting Standards No. 123 (Revised2005) (FAS l23R), Shared Based Payments;

Eamings for services under non-equity incentive plans, not including group life, health,hospitalization or medical reimbursement plans that do not discriminate in favor ofExecutives and are available generally to all salaried ernployees;

Change in present value of defined bEnefit and actuarial pension plans;

Above-market earnings on deferred compensation which is not tax-qualilied;

Other compensation, if the aggregate value of all such other compensation (e.g.

severÍuîce, termination pa¡rments, value of life insu¡ance paid on behalf of the employee,perquisites or property) for the Executive exceeds $10,000.

"Transparency Act" means the Federal Funding Accountability and Transparency Act of2006 (Public Law t09-282), as amended by $6202 ofPublic Law I 10-252. TheTransparencyAct also is referred to as FFATA.

"Uniform Guidance" means the OfÏice of Management and Budget Uniform AdministrativeRequirements, Cost Principles, and Audit Requirements for Federal Awards, whichsupersedes requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMBCirculars A-89, A-102, and A-133, and the guidance ín Circular A-50 on Single Audit Actfollow-up. The terms and conditions of the Uniform Guídance flow down to Awards toSubrecipients unless the Uniform Guidance or the terms and conditions of the Federal Awa¡dspecifically indicate otherwise.

"Vendor" means a dealer, distributor, merchant or other seller providing property or servicesrequired for a project or program fi.rnded by an Award. A Vendor is not a Prime Recipient ora Subrecipient and is not subject to the terms and conditions of the Federal award, Programcompliance requirements do not pass through to a Vendor.

Exhibit D Page 3 of9 Vcrsion 07.2011

UASI Encumbroncc # tSUASI9DEN

provísions of the Uniform Guidance, and the regulrtions issued pursuant thereto, including butnot limited to these Federal Provisions. Any revisions to such provisions or regulationr rhutlautomatically become s part of these Federal Provisions, without the necessity óf either pa*yexeeuting any firrther insl¡ument. The State of Colorado may provide written notificatiòn toContractor of such revisions, but such notice shall not be ã condition precedent to theeffectiveness of such revisions.

4. SYSTEM FoR A\ilARD MANAGEMENT (SAIvt) ÂND DATA UNMRSAL NUMBERINcSYSTEM (DUNS) REQUIR.EMENTS.

4.1- SAM. Conuactor shall maintain the currency of its information in SAM until the Contractorsubmits the final financial report required under the Award or receives final payment, whicheveris t¿fer. Contractor shall revíew and update SAM information at least annúaliy after the initiatregistration, and more frequently if required by changes in its information.

4.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall updateContractor's information in Dun & Bradsteet, lnc. at least annually aftei the initial registràtion,and more frequently if required by changes in Contractor's information.

5. TOTALCOTI{PENSATION.

5.1. Contractor shall include Total Compensation in SAM for each of its five most híghlycompensated Executives for the preceding fiscal year if:

5.1.1- The total Federal funding authorized to date under the Award is $25,000 or more; and

5.1.2. In the preceding hscal year, Contraclor received:

5,1.2.1' 80% or more of its annual gross revenues from Federal procurement contmcts andsubcontracts and/or Federal financial assistance Awards or Subawards subject to theTransparency Act; and

5.1,2.2' $25,000,000 or more in annual gross revenues from Federal procürement contracts andsubconFaets and/or Federal financial assistance Awards or Subawards subject to theTransparency Act; and

5'l'3. The public does not have access to information about the compensation of such Executivesthrough periodic reports filed under section l3(a) or l5(d) of the Securities Exchange Act of1934 (15 U.S.C. 78m(a), 78o(d) or $ 6104 of the Internal Revenue Code of 1986,

6, REPORTING.

6.1. Contractor shall report data elements to SAM and to the Prime Recipient as required in thisExhibit if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No directpayment shall be made to Contractor for providing any reports required under these FederalProvisions and the cost of producing such reports shall be included inthe Agreement price. Therepoling requirements in this Exhibit are based on guidance from the US Office of Managementand Budget (OMB), and as such are subject to change at any time by OMB. Any such

"hang"tshall be automatically incorporated into this Agreement and shall become part of Cont¡actoi'soblígations under this Agreement,

7. EFFECTTVE DATf, AI{D DOLLAR THRESHOLD FOR REPORTING.7 .l , Reporting requirements in $8 bElow apply to new Awards as of October I , 201 0, if the initial

award is $25,000 or more. If the initial Award is below $25,000 but subsequent Awardmodifications result in a total Award of $25,000 or more, the Award is subject to the reporting

Exhíbit D Pagc 4 of9 Vcrsion 01.2017

UASI Encumbr¡ncc # tÛUAS19DEN

requirements as of the date the Award exceeds $25,000. tf the initial Award is $25,000 or more!but funding is subsequently de-obligated such that the total award amount falls below $25,000,the Award shall continuc to be subject to the reporting requirements.

7.2. The procurement standards in $9 below are applicable to new Awards made by Prime Recipientas of December 26, 2015. The standards set forth in $l I below are applicable to audits of fiscalyears beginning on or after December 26,2014.

8. SUBRECIPTENT REPORTING REQUIREMENTS.

L l. lf Contractor is a Subrecipient, Contractor shall report as set forth below.

I.l.l. To SAM. A Subrecipient shall register in SAM and report the followiag data elements inSAM /or eacú Federal Award ldentification Number no later than the end of the monthfollorving the month in which the Subaward was made:

8.1.1 .1. Subrecipient DLJNS Number;

8.1.1.2, Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT)account;

8.1 . L3. Subrecipient Parent DUNS Number;

8.1.1.4. Subrecipient's address, including: Street Address, City, State, Country, Zip * 4, andCongressional District;

Ll.l.5. Subrecipient's top 5 most highly compensated Executives if the criteria in $4 above are

met; and

8.1.1.6. Subrecipient's Total Compensation of top 5 most highly compensated Executives i[criteria in $4 above met.

L 1.2. To Prime Recipient A Subrecipient shall report to its Prime Recipient, upon the effectivedate of the Agreement, the following data elements;

8.1,2.1, Subrecipient's DUNS Number as registered in SAM.

8.1,2.2. Primary Place of Performance Information, including: Street Address, City, State,Country, Zip code + d and Congressional District.

9. PROCUREMENT STANDARDS,

9.1, Procurement Procedures. A Subrecepient shall use its own documented procurement procedureswhich reflect applicable State, local, and Tribal laws and regulations, provided that theprocurements conform to applieable Federal law and the standards identihed in the UniforrnCuidance, including without limitation, $$200.318 through 200326 $ereof.

9.2. Procurement of Recovered Materials. If a Subrecepient is a Statc Agency or sn ageßcy of a

political subdivision of the State, its contraclors must comply with section 6002 of the Solid\ilaste Disposal Act, as amended by the Resource Conservation and Recovery Act. Therequirements of Section 6002 include procuring only items designated in guidelines of theEnvironmental Protection Agency (EPA) at 40 CFR part247 that contain the highest percentageof recovered materials practicable, consistent with maintaining a satisfactory level ofcompetition, where the purchase price of the item exceeds $ 10,000 or the value of the quantityacquired during the preceding fiscal year exceeded S10,000; procuring solid waste managementsenrices in a manner that maximizes energy and resource recovery; and establishing anaffirmative prccurement program for procurement of recovered materials identified in the EPAguidelines.

Exhibil D Page 5 of 9 Version 07.2017

UASI E¡csmbr¡nce # ISUASI9DEN

IO. ACCESS TO RECORI}S

10.l. A Subrecipient shall perrnit Recipient and auditors to have access to Subrecipient's records andfinancial statements as necessa.ry for Recipient to meet the requirements of $200.331(Requirements for pass-through entities), $$200.300 (Stanrtory and national policy requiremenrs)tluough 200.309 (Period of performance), and Subpart F-Audit Requirements of the UniformGuidance. 2 CFR $200.331(a)(5).

I I. SINGLE ATJDIT REQUIREMENTS

I I'l' lf a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient's fiscalye¿r, the Subrecipient shall procure or arrange for a single or program-specific audit conductedfor that year in accordance with the provisions of Subpart F-Audit Requirements of the UniformGuidance, issued pursuant to the Single Audit Act Amendments of I 996, (3 I U.S.C. ?50 I -?50?).2 CFR $200.s01.

I L L l. Election. A Subrecipient shall have a single audit conducted in accordance with UniformGuidance $200.514 {Scope of audit), except when it elects to have a program-specific auditconducted in accorda¡ce with $200.507 (Program-specific audits). the Subrecipient mayelect to have a program-specific audit if Subrecipient expends Federal Awards under onlyone Federal program (excluding research and development) and the Federal program'sstatutes, regulations, or the terms and conditions of the Federal award do not require afinancial statement audit of Prime Recipient. A prcgrarn,specific audit may not be électedfor research and development unless all of the Federal Awards expended were received fromRecipient and Recipient approves in advance a program-specific audit.

I I .l.2. Excmption. If a Subrecipient expends less than $750,000 in Federal Awards during its fiscalyear, the Subrecipient shall be exempt fì'om Federal audit requirements for that yeår, exceptas noted in 2 CFR $200.503 (Relation to other audit requirements), but records shall beavailable for review or audit by appropriate ofTicials of the Federal agency, the Slate, and theGovemment Accountability OfFrce.

ll.l.3, Subrecepient Compliance Responsibittty. A Subrecipient shall procure or otherwisearrange fgr the audit required by Pan F of the Uniform Guidance and ensure it is properlyperformed and submitted when due in accordance with the Uniform Guidance. Subieeþientshall prepare appropriate financial slatements, including the schedule of expenditures ofFederal awards in accordance with Uniform Guidance $200.510 (Financial statements) andprovide the auditor with access to personnel, accounts, books, records, supportingdocumentation, and other information as needed for the auditor to perform the audit requiredby Uniform Guidance Part F-Audit Requiremenrs.

12. CONTRACT PROVISIONS FOR SUBRECEPIENT CONTRACTS

12.1. If Contractor is a Subrecipient, then it shall comply with and shall include all of the followingapplicable provisions in all subcontracts entered into by it pursuant to this Agreement.

12' I . I . Equnl Employment Opportunity. Except as otherwise provided under 4l CFR Part 60, allcontracts that meet the dehnition of "federally assisted construction contract" in 4l CFR Part60-1.3 shall include the equal opporhnify clause provided under 4l CFR 60-1.4(b), inaccordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR l23lg,12935,3 CFR Part, 1964-1965 Comp., p.339), as amended by Executive Order 11375,"Amending Exeeutive Order 11246 Relating to Equal Employment Opportunity," a¡dimplementing regulations at 4l CFR pa* 60, "Oflice of Federal Contract CornpliancePrograms, Equal Employment Opportunity, Ðeparünent of Labor.

Exhibit D Pagc 6 of 9 Version 07.201?

t2, t. t,r.

l2.l. t ,l.l.

UASI Encumbr¡ncc # ISUASI9DEN

During the performance of this contract, the contractor agrees as follows:

Contractor will not discrimina:e against any employee or applicant for employmentbecause of race, color, religion, sex, or national origin. The contractor will takeafÏìrmative action to ensure that applicants are employed, and that employees aretreated during employment, without regard to their race, color, religion, sex, ornational origin. Such action shall include, but not be lirnited to the following:Employment, upgrading, demotion, or transfer, recruitment or recruitmentadvefising; layoffor termination; rates of pay or other forms of compensation; andselection for training, including apprenticeship. The contractor agrees to post inconspicuous places, available to employees and applícants for employment, noticesto be provided by the contracting officer setting fo¡th the provisions of thisnondiscrimination clause.

Contractor will, in all solicitations or advertisements for employees placed by or onbehalf of the contractor, state that all qualified applicants will receive considerationfor employment without regard lo race, color, religion, sex, or nationâl origin.

Contractor will send to each labor union or representative of workers with which hehas a collective bargaining agteement or other contr¡ct or understanding, a notice tobe provided by the agency contracting ofÏicar, advising the labor union or workers'representative of the contractor's commitments under section 202 of Executive Order11246 of September 24, 1965, and shall post copies of the notice in conspicuousplaces available to employees and applicants for employment.

Contractor will comply with all provisions of Executive Order 11246 of September24,1965, and of the rules, regulations, and relevant orders of the Secretary of Lsbor.

Contractor will furnish all inform¿tion and reports required by Executive Order 11246of September 24, 1965, and by the rules, regulalions, and orders of the Secretary ofLabor, or pursuant thereto, and will permit access to his books, records, and accountsby the contracting agency and the Secretary of Labor for purposes of investigation toascertain compliance with such rules, regulatíons, and orders.

In the event of Contractoy's non-compliance with the nondiscrímination clauses ofthis conhact or with any of such rules, regulations, or orders, this contract may becanceled, terminated or suspended in whole or in part and the contractor may bedeclared ineligible for fi,rrther Govemment contracts in accordance with procedwesauthorized in Executive Order 11246 of September 24,1965,and such other sanctionsmay be imposed and remedies invoked as provided in Executive Order 11246 ofSeptember 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as

othenyise provided by law.

Contractor will include the provisions of peragrrphs (l) tluough {7) in everysubcontract or purchase order unless exempted by rules, regulations, or orders of theSecretary of Labor issued pursuant to section 204 ol Executive Order 11246 ofSeptember 24, 1965, so that such provisions will be binding upon each subcontractoror vendor. The contractor will take such action with respect to any subconEact orpurchase order as may be directed by the Secretary of Labor as a means of enforcingsuch provisions including sanctions for noncompliance: Provided, however, that inthe event Contractor becomes involved in, or is threatened with, litigation with asubcontractor or vendor as a result of such direction, the cotttractor may requ€st theUnited Slatcs to enter into such litigation to protect the interests of the United States."

Page 7 of 9 Version 87 .2017

12. 1 .1 .1 .2.

¡ 2.1, t ,1.3.

12.1.t.1.4.

12.1.t.1.5.

l2.l. r .l ,6.

12.t.t.1.7

Exhib¡r D

12.t.2

r2.1.3.

,2.t.4.

12.1.5.

tz.t.6.

DavÍs'B¡con Act. Davis-Bacon Act, as amended (40 U.S.C. 3l4l-3148). When r€qu¡redby Federal program legislation, all prime construction contracts in excess of $2,000 awardedby non-Federal entities rnust include a provision for compliance with the Davis-Bacon Act(40 U'S'C. 3l4l-3 lM, and 3146-3148) as supplemented by Department of Labor regularions(29 CFR Part 5, "Labor Standards Provisions Applicable to Òontracts Covering ÈederallyFinanced and Assisted Construction"). In accs¡dance with the statute, contractors must berequired to pay wages to laborers and mechanics at a rate not less than rhe prevailing wagesspecified in a wage determination made by the Secretary of Labor, In addition, contractorsmust be required to pay wages not less than once a week. The non-Federal entity must placea copy of the current prevailing wage determination issued by the Ðepartmeniof Labor ineach solicitation. The decision to award a contract or subcontract musf be conditioned uponthe acceptance of the wage determination. The non-Federal entity must report all suspeótedor reported violations to the Federal awarding agency, The contracts must also include aprovision for compliance with the Copeland "AntlKickback" Act (40 U.S.C. 3145), assupplemented by Department of Labor regulatiorrs (29 CFR Part 3, "Contractors ¿ndSubcontractots on Public Building or Public Work Financed in Whole or in part by Loans orGrants from the United States"). The Act provides that each contractor or Subreciiient mustbe prohibited fiom inducing, by any means, any person emptoyed in the coåstruction,completion, or repair of public work, to give up any part of the Jompcnsation to whiph he orshe is otheruise entitled. The non-Federal entity must report ail suspected or reportedviolations to the Federal awarding agency.

Rights to InventÍons Madc Under ¡ Contrnct or Agreemcnt. If the Federal Award meetsthe definition of "funding agreement" under 37 CFR $401.2 (a) and Subrecipient wishes toenter into a contract with a small business firm or nonprofit organization regarding thesubstitution of parties, assignment or performance of experimental, develoimental, orresearch work under that "f,tnding agreemen!," Subrecipient must compþ with therequirements of 37 CFR Part 401, "Rights to lnventions Maãe by Nonprofit örganizationsand Small Business Firms Under Govemrnent Grants, Contracti and CiooperativeAgreements," and any implementing regulations issued by the awarding agency.

Clean Air Act (42 U.S.C. 74ll-?671q.) and the Federsl lVatcr Pollution Controt .4,ct (33U.S.C. 1251-1387), ns amended. Contracts and subgrants of amounts in excess of $150,000must contain a provision that requires the non-Federal award to agree to comply with allapplicable standards, orders or regulations issued pursuant to the CÍean Air Aci (äZ U,S.C.7401'7671q) and the Ëederal Water Pollution Control Act as amended (33 U.d.C. l25l-1387)' Violations must be rçorted to the Federal awarding agency and rhe Regional Ofticeof the Ënvironmen{al Protection Agency (EpA).

Debarment and Suspensíon (Executive Orders 12549 and 12689). A contract award {see2 CFR 180.220) must not be made to paÍ¡es listed on the government wide exclusions in theSystem for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p-. l89) and l2ó89 (3CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAìv[Exilusions contains thenam€s of partíes debaned, suspended, or othe¡wise excluded by agencies, as wetl as partiesdeclared ineligible under statutory or regulatory authority other than Execurive Order iZS+g.

Byrd.Antí-Lobbying Amendment (31 U.S.C. 1352). Contractors råat apply or bid for anaward exceeding $100,000 must file the required certificarion. Each tier ðJ*ifies ro the tierabove that it will not and has not used Federal appropriated Rrnds to pay any person ororganization for influencing or attempting to influence an oflicer or employee ofãny agency,

UASI Encusrbr¡ncc f ISUASI 9DEN

Exhibir D Pagc I of9 Vcrsion A7.2017

UASI Éncunbrrncc # ISUASI9DEN

a member of Congress, offrcer or employee of Congress, or an employee of a member ofCongress in connection with obtaining any Federalcontract, grant ora$yother award coveredby 3l U.S.C. 1352. Each tier must also dísclose any lobbying with non-Federal funds thattakes place in connection with obtaining any Federal award. Such disclosures are forwardedfrom tier to tier up to the non-Federal award.

I3. CERTIFICATIONS.

13.1. UnlEss prohibited by Federal statutes or regulations, Recipient may require Subrecipient tosubmit certifications and representations required by Federal statutes or regulations on an annualbasis. 2 CFR $200.208. Submission may be required more frequently if Subrecipient fails tomeet â requirement of the Federal award. Subrecipient shsll çertify in writing to the State at theend of the Award that the project or activiry rvas completed or the level of effort was expended.2 CFR $200.201(3). If the required level of activity or effoÍ was not canied out, the amount ofthe Award must be adjusted.

I4, EXEMPTIONS.

14.1. These Federal Provisions do not apply to an individual who receives an Award as a naturalperson, unrelated to any business or non-proftt organization he or she may own or operate in hisor her name.

14.2, A Contractor wirh gross income from all sources of less than $300,000 in the previous tax yearis exempt from the requirements to reporl Subrwards and the Total Compensation of its mosthighly compensated Executives.

14.3. There are no Transparency Act reporting requirements for Vendors.

15. EVENT OF DEFAULT.

l5. L Failure to comply with these Federal Provisions sþall constitute an event of default under theAgreement and the State of Colorado may terminate the Agreement upon 30 days prior writtennotice if the default remains uncured five calendar dap following the termination of the 30 daynoticE period. This remedy will be in addition to any other remedy available to the State ofColorado under the Agreement, at law or in equity.

Exhibit D Page 9 of9 Version 07.201?

Contract Confrol Number:

Grantor N¡me:

MOOEM-201844331-00

State of Colorado, Division of Homeland Securityand Emergency Management

IN WITNESS ïVHEREOF, the parties have set their hands and afñxed theìr seals arDenveç Colorado as of October 09, 2019.

SEAL CTTY A,ND COUNTY OF I}ENVER

ATTEST:

DebraMAYOR, Deputy Mayw

Clerk and Recorder,Ex-Officio Clerk of the Gity andCounty of Denver

APPROVED AS TO FORM: REOISTEREÞ AI.ID COI.'NTERSIGNED:

Atlomey for the Cig and County ofDenver

Øflæ¡a*,Beth Machann, Cig Controller

-0¿

Zazecki,Assistant City Attomey

M. Auditor

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Exhibit B

Exhibit BDenver Office of Emergency Management

Fiscal Risk Assessment

¡B DENVEREMERGENCY MANAGEMENT

Organ¡zat¡on Legal Name:

Name of person completing thisassessment:

Title:

E-mail:

Section A - General Agency Information

l. Agency organization type? Educational lnstitution

Date Completed:

2, The agency has been established for: More than 10 years

3. Most recent agency-wide fiscalaudit:

a. When was the most recent agency-wide fiscal audit completed? (mm/yyl

b. Who conducted the audit? (name of firm)

c. Were there any findings? Yes* No

*lf yes, submít a copy of the findings with this cornpleted form

d. Did those findings Bet resolved? Yes No

e Briefly describe how and when the findings got resolved or why they didn't get resolved:

Exhibit B

4. Does your agency receive more than 5750,000 in federal funding in a fiscalyear?

a. *lf Yes:

i. When was the last single audit completed? (mm/yy)

i¡. Who conducted the audit? (name of firm)

No

iii. Were there any findings? No

lf yes, submit a copy of the f¡ndings with this completed form

iv. Did those findings get resolved? yes* No

v Briefly describe how and when the findings got resolved or why they didn't get resolved:

5. Has your organization received a federal or state grant within the last twoyears? Yes No

6. Has your organization received equipment, supplies or any other grant-funded products from the Denver

UASI program within the last two years? yes*

lf so, please briefly describe:

No

7. Has your agency been on the Federal Debarment list in the last fiveyears? Yes No

Section B - Agency Fiscal Management

1. Name, Title and email address of the agency fiscal personnel who is responsible for ensuring federal

reporting requirements are met:

2. Names, Titles and email addresses of any personnel who manage and track the equipment or grant funds

related to UASI equipment, goods, and/or services:

Exhibit B

3. Does the agency have a Financial system of record that reflects a clear audit trail for the expenditureand

revenue ofgrant funds? Yes No

Exhibit B

4. Does your agency/department have written policies for:

a. Asset/equipment management and tracking (to include a description of the asset, identifying

information or serial numbers, source of funding, title holder, acquisition date, acquisitioncost,

location of the asset, and any disposal information) Yes- No

b. Measures taken to protect assets/equipment against loss, damage, and theft Yes* No

c. Process and reporting of depreciation of capitalequipment Yes* No

d. Reporting the disposal of fully depreciated equipment yes* No

e. Record Retention Yes* No

*For each of those items marked "Yes" in the above section, please attach copies of these policies and

send with this completed assessment

5. Please briefly describe how you record donated or "in-kind" equipment or goods received from the UASI

grant program on your agency's financial statements and Schedule of Expenditures of Financial Awards

(sEFA)

I certifu, that to the best of my knowledge and beliel the information provided in this assessment is accurate and

complete, and that all facts believed to be pertinent have been included herein.

Authorized Agent Printed Name:

Authorized Agent Signature Date:

Fiscal Manager Printed Name:

Fiscal Manager Signature: Date:

Please remember to attach any of the following applicable documents:

r Findings from most recent atency-w¡de financial audit (or URL link to a complete copy)¡ Findings from most recent federal Single Audit (or URL link to a completecopy). Any ìirr¡tten fiscal management policies as identified in Section B - Agency Fiscal Management, ltems #4a -4e

COUNGIL GOMMUNIGATION

SYNOPSIS:

The City intends to issue certificates of participation or other obligations to finance the construction ofa new active adult center. This resolution serves as official intent of the City to reimburse suchexpenditures that may occur prior to issuance of tax-exempt proceeds and is intended to meetrequirements as outlined in Treasury Regulation 26 C.F.R.S 1.150-2.

RECOMMENDATION:

Staff recommends Alternative No. 1, approval of the resolution

BUDGET/STAFF IMPLIGATIONS :

Approval of the resolution will allow staff to optimize cash flow, maximize investment earnings, andsave interest costs. Additionally, it will allow staff time to work with the City's financial advisor todetermine the most optimal financing method.

ALTERNATIVES:

1. Approve the resolution expressing official intent of the City to be reimbursed expenses relating tofinancing construction of a new recreation center.

2. Do not approve the resolution.

BACKGROU ND (ANALYSIS/NEXT STEPS/HISTORY) : (includes previous City Council action)

City Council adopted a reimbursement resolution in September 2017 relating to financing constructionof a new public safety facility, adopted a reimbursement resolution in November 2017 relating tofinancing construction of a new water treatment plant, and adopted a reimbursement resolution in June2018 relating to financing construction of a new recreation center.

Meeting Date:

April 23, 2019

Agenda ltem

9rAgenda Location:

Consent Calendar

(s) I Review:

_ 1"t Reading_2nd Reading

subject: A resolution expressing the intent of the City to be reimbursed expenses relating to financingconstruction of a new active adult center.

Recommended by: Maria O

Presenter(s¡: Maria Ostrom, Finance Director


K,"/

strorn¡$o Ordinance previouslyintroduced by:

RESOLUTION

A RESOLUTION EXPRESSING THE INTENT OF THE CITY TO BE REIMBURSEDEXPENSES RELATING TO FINANCING CONSTRUCTION OF A NEW ACTIVE ADULTCENTER.

WHEREAS, the City expects to make capital expenditures after the date of thisresolution in connection with the construction of a new active adult center (Project); and

WHEREAS, the City intends to reimburse itself for such expenditures with theproceeds of cedificates of participation (COPs) or other obligations; and

WHEREAS, the maximum principal amount of the COPs or other obligationsexpected to be issued for the Project is $20,000,000.


This resolution declares the City's official intent to reimburse expenditures describedabove and consistent with Treasury Regulation 26 C.F.R. S1 .150-2.

PASSED AND ADOPTED at a regular meeting of the City Council of the City ofThornton, Colorado, on 2019



ATTEST


COUNGIL GOMMUNICATION

SYNOPSIS:

The City intends to issue certificates of participation or other obligations to finance constructionimprovements to the Margaret W. Carpenter Recreation Center. This resolution serves as official intentof the City to reimburse such expenditures that may occur prior to issuance of tax-exempt proceedsand is intended to meet requirements as outlined in Treasury Regulation 26 C.F.R.S 1.150-2.

REGOMMENDATION:

Staff recommends Alternative No, 1, approval of the resolution

BU DGET/STAFF IMPLICATIONS :

Approval of the resolution will allow staff to optimize cash flow, maximize investment earnings, andsave interest costs. Additionally, it will allow staff time to work with the City's financial advisor todetermine the most optimal financing method.

ALTERNATIVES:

1. Approve the resolution expressing official intent of the City to be reimbursed expenses relating tofinancing construction improvements to the Margaret W. Carpenter Recreation Center.

2. Do not approve the resolution.

BACKGROUND IANALYSIS/NEXT STEPS/HISTOR$: (includes previous City Council action)

City Council adopted a reimbursement resolution in September 2017 relating to financing constructionof a new public safety facility, adopted a reimbursement resolution in November 2017 relating tofinancing construction of a new water treatment plant, and adopted a reimbursement resolution in June2018 relating to financing construction of a new recreation center.

Meeting Date:

April 23, 2019

Agenda ltem

9G

Agenda Location:

Consent Calendar


_ 1st Reading

_2na Reading

subject: A resolution expressing the intent of the City to be reimburseO e$enses relating tò financingconstruction improvements to the Margaret W. Carpenter Recreation Center

Recommended by: Maria Ostromf$0'

Presenter(s): Maria Ostrom, Finance Director

Approved Uy: Kevin S Woods

N Ordinance previouslyintroduced by:

RESOLUTION

A RESOLUTION EXPRESSING THE INTENT OF THE CITY TO BE REIMBURSEDEXPENSES RELATING TO FINANCING CONSTRUCTION IMPROVEMENTS TO THEMARGARET W. CARPENTER RECREATION CENTER.

WHEREAS, the City expects to make capital expenditures after the date of thisresolution in connection with the construction improvements to the Margaret W. CarpenterRecreation Center (Project); and

WHEREAS, the City intends to reimburse itself for such expenditures with theproceeds of certificates of participation (COPs) or other obligations; and

WHEREAS, the maximum principal amount of the COPs or other obligationsexpected to be issued for the Project is $20,000,000.


This resolution declares the City's official intent to reimburse expenditures describedabove and consistent with Treasury Regulation 26 C,F.R. S1.150-2.




ATTEST:


COUNCIL COMMUNICAT¡ON

SYNOPSIS:

This resolution approves the City Manager's appointment of Kim Newhart as the lnterim Director ofFinance/City Treasurer for the City of Thornton, effective May 1,2019. The current Director ofFinance/City Treasurer Maria Ostrom's last day at the City is April 30, 2019.

RECOMMENDATION:

Staff recommends Alternative No. 1, approval of the resolution approving the City Manager'sappointment of Kim Newhart to provide continuity in accordance with the Charter.


None

ALTERNATIVES:

1. Approve the resolution.2. Do not approve the resolution

BAC KG ROU ND (ANALYSIS/N EXT STEPS/H ISTORY) : (includes previous City Council action)

Meeting Date:

April 23, 2019

Agenda ltem

9E

Agenda Location:

Consent Calendar

Goal(s): Legal Review

,Añ-n _ 1't Reading_2nd Reading

subject: A resolution approving the City Manager's appointment of Kim UeWnffas the lnterim Directorof Finance/City Treasurer for the City of Thornton, effective May 1 ,2019

Approved by: Kevin S. WoodsRecommended by: Kevin S. Woods

Presenter(s¡: Kevin S. Woods, City Manager VOrdinance previouslyintroduced by:

RESOLUTION

A RESOLUTION APPROVING THE CITY MANAGER'S APPOINTMENT OF KIMNEWHART AS THE INTERIM DIRECTOR OF FINANCE/CITY TREASURER FOR THECITY OF THORNTON, EFFECTIVE MAY 1,2019.

WHEREAS, Section 5.8 of the City Charter provides that the Director of Financeshall be appointed by the City Manager with the approval of the City Councl; and

WHEREAS, the Charter provides for the Director of Finance to also serve as theCity Treasurer; and

WHEREAS, the City Manager has appointed Kim Newhart as the lnterim Directorof Finance/City Treasurer; and

WHEREAS, Kim Newhart is the Accounting Manager for the City of Thornton andis well-qualified for the position.

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITYOF THORNTON, COLORADO, AS FOLLOWS:

That the City Council approves the City Manager's appointment of Kim Newhartas the lnterim Director of Finance/City Treasurer for the City of Thornton, Colorado,effective May 1 ,2019.

PASSED AND ADOPTED at a regular meeting of the City Council of the City ofThornton, Colorado, on ,2019.



ATTEST:



April 23, 2019

Agenda ltem

9IAgenda Location:

Consent Calendar

Goal(s)

,/Å\N/Legal Review

_ 1't Reading_2na Reading

subject: A resolution amending City Council Policy 4.4 of Resolution CYb. No.2016-073 regardingWard Reapportionment.

Woods

YrlRecommended by: Robb Xolstad(rÇ Approved Uy: Kevin S

Presenter(s): Robb Kolstad, Assistant City Manager

Ordinance previouslyintroduced by:

SYNOPSIS:

This resolution approves an amendment to City Council Policy 4.4 regarding Ward Reapportionment.The recommended changes to the City Council Policy clarify the process and specify the timeline forimplementing Ward Reapportionment.

RECOMMENDATION:

Staff recommends Alternative No. 1, approval of the resolution, which amends City Council Policy 4.4regard ing Ward Reapportionment.


None

ALTERNATIVES:

1. Approve the resolution as recommended.2. Amend the resolution as directed by Council3. Do not approve the resolution.

BACKGROUND (ANALYSIS/NEXT STEPS/HISTOR$: (includes previous City Council action)

At the April 2, 2019 Planning Session, Council directed staff to prepare a resolution amending CityCouncil Policy 4.4 regarding Ward Reapportionment.

Section 4.2 of the City Charter requires (1) wards, "as far as practicable, shall have approximately thesame number of residents;" (2) ward boundaries be changed at least once every 10 years to reflectpopulation shifts; and (3) changes to boundaries be completed no later than 180 days prior to anyregular municipal election. The proposed Council policy establishes the process and timeline for theElection Commission to make recommendations relating to ward boundary changes.

RESOLUTION

A RESOLUTION AMENDING CITY COUNCIL POLICY 4.4 OF RESOLUTION C.D. NO2016-07 3 REGARDI NG WARD REAPPORTION M ENT.

WHEREAS, Section 4.2 o'f the City Charter requires that the City Council ensure abalance in the population between wards and that ward boundaries be changed at leastonce every 10 years to reflect population shifts and that changes to boundaries becompleted no later than 180 days prior to any regular municipal election; and

WHEREAS, City Council Policy 4.4 establishes the process and timeline for thecitizen members of the Election Commission to make recommendations relating to wardboundary changes.


That City Council hereby repeals and reenacts Council Policy 4.4 adopted byResolution C.D. No. 2016-073 as set forth in the attached hereto and incorporatedherein.

PASSED AND ADOPTED at a regular meeting of the City Council of the City ofThornton, Colorado, on 2019



ATTEST


City Council Policy

Ward Redistricting

Policv Number'. 4.4Leqislative Historv: CD 2006-113

1. Purpose: Section 4.2 of the City Charter requires that the City Council ensure abalance in the population between wards and that ward boundaries be changed atleast every 10 years to reflect population shifts and that changes to boundaries becompleted no later than '180 days prior to any regular municipal election.

This policy establishes the process and timeline for the citizen members of theElection Commission to make recommendations relating to ward boundary changes.

2. Policy

2.1 The ward boundaries shall be changed within 12 months after receiving thecertified data from the United States Census Bureau of any new decennialcensus for Colorado if the variance between the least and most populatedwards exceeds 1 0 percent. No later than July 31st of each even-numbered yearfollowing a new decennial census for Colorado, the City Manager shalldetermine if the ward boundaries will be redrawn. The standard for redistrictingshall be if the variance between the least and most populated wards exceeds10 percent. lf the City Attorney's Office determines that governing Federal orState Law requires a smaller population variance, then such smaller varianceshall be used to determine if ward redistricting is required.

2.2 ln the event the ward boundaries need to be changed, then the process will be:

The citizen members of the Election Commission shall use predetermined,objective criteria to redraw ward boundaries and shall propose wardredistricting recommendations for City Council. Wards shall begeographically compact, contiguous and, as far as practical, the populationin each ward shall be equal to all other wards.

o

o The City Manager or designee shall provide population figures and the CityClerk shall act as staff liaison to ensure that pertinent information is providedto the Election Commission. The City Manager or designee may consultwith a professional demographer to review the methodology for estimatingpopulation.

a Prior to commencing work on ward redistricting recommendations, CityCouncil shall advise the Election Commission of any additional, objectiveconsiderations to use as factors in developing alternatives.

Recommendations from the Election Commission shall be presented to CityCouncil for consideration no later than December 31 of the year prior towhich a regular municipal election is held.

a

2

COUNGIL COMMUNICATION

SYNOPSIS:

The applicant is proposing to develop approximately 12 acres of property generally located at thesouthwest corner of West 88th Avenue and lnterstate 25 (l-25). The property is proposed to besubdivided into three lots and two tracts. A Woodspring Suites hotel (122 rooms) is proposed on thenorthernmost 2.32-acre lot. At this time, there are no plans for development on the remaining twolots. Development on those remaining lots is subject to separate review through a Conceptual SitePlan (CSP) amendment.

The proposed Tract A is designated as future Colorado Department of Transportation (CDOT) right-of-way in anticipation of future l-25 expansion. The land within Tract B on the south is not suitable fordevelopment due to the existing floodplain in that area.

The property is currently vacant and the majority is zoned Business Park (BP) Hotels are permitteduses by right in the BP zoning district. Pursuant to Section 18-43(bX1) of the Thornton City Code(City Code), a Conceptual Site Plan is required prior to application for a subdivision plat. A smallsection of Tract B is zoned Regional Commercial (RC). Prior to any development on this site, Tract Bwill need to be rezoned to achieve a single zoning designation.

A similar CSP proposal was evaluated and denied by City Council in March 2018. City Council foundthat the CSP did not satisfy the evaluation criteria outlined in the City Code, specifically that the CSPand associated site improvements did not demonstrate compatibility with the surrounding area, andthat the development did not contribute to or support a healthy and safe environment.

RECOMMENDATION:

Staff recommends Alternative No. 1, approval of the CSP, based on the following:

1. The applicant has appropriately addressed and/or responded to issues and concerns raised byCity Council and the public pertaining to health, safety, and compatibility with the surroundingareas. specifically, the applicant has committed to the following:

a. Enhancing lighting along the regional trail to increase safety and awareness along thetrail corridor.

b. Installing other trail amenities such as benches, trash receptacles, and pet wastestations, subject to further coordination with the City.

c. lmproving the intersection at Conifer Road and West 88th Avenue with additionalstriping.

Meeting Date:

April 23, 2019

Agenda ltem:

l0A

Agenda Location:

Public Hearings

Goal(s) Legal Review:

^

_ 1st Reading_2na Reading

subject: A resolution approving a Conceptual Sdevelopment on approximately 12 acres of land88th Avenue and lnterstate 25 (Conifer Crossing)

ite Plan for a proposed commercial and lodginggenerally located at the southwest corner of West

Approved by: Kevin S. WoodsRecommended by: Jeff Coderþ * r* ,*,,Presenter(s): Grant Penland, Planning Director ll^t

Ordinance previouslyintroduced by:

2


d. Shifting the parking lot further east and increasing the landscape buffer along the westportion of the site.

e. Agreeing to replace a fence, trim trees, and install signage on Northstar ElementarySchool property for increased safety and a more effective barrier, as recommended bythe Adams 12 Five Star Schools.

f . lnstalling "no parking" signage on the west side of Conifer Road to alleviate overflowRegional Transportation District (RTD) parking on the street.

g. lnstalling additionaf security cameras and providing a lighting plan for enhanced sitesecurity.

h. lnstalling a new six-foot privacy fence along the shared property line with the adjacentresidences.

i. lncreasing overnight hotel staff, including a24-hour safety attendant.

The applicant has coordinated with the Police Department and demonstrated a commitment tocontinued efforts to enhance overall security and safety both on the hotel property and onadjacent properties.

3. The proposed CSP satisfies the evaluation criteria contained in Section 18-43 of the City Codeas further described below.


None.

ALTERNATIVES:

1. Approve the CSP.2. Do not approve the CSP.3. Approve the CSP with specific conditions based on Council direction.4. Continue the public hearing to another date to allow for revisions to the CSP in response to

specific Council direction.

BAGKGROUND (ANALYSIS/NEXT STEPS/HISTORÐ: (includes previous City Council actíon)

Pursuant to Section 18-43 of the City Code, the purpose of the CSP is to ensure:

1. Compliance with zoning and other development regulations.

2. Performance criteria and standards adopted by the Councit.

The achievement of quality development through the review of a CSP that witt represent thegeneral development on the site.

The conceptual site plan will be approved by Councit to estabtish the framework fordevelopment on a property.

3.

4

5. creation of unique criteria for development on a specific propeñy

1


CSP Evaluation Criteria:

The proposed projecf rs consistent with the Comprehensive Plan and all requirements ofChapter 18 of the City Code.

The proposed CSP is consistent with the property's future land use designation of EmploymentCenter. The proposed CSP supports the following goals and objectives contained in theComprehensive Plan:

Policy 6.2.1: Promote the development and maintenance of healthy, viable commercialcenters.

Strategy 5.5: Promote neighborhood Retail-Commercial Revitalization, Redevelopment aswell as New Development.

Strategy 6.4: Preserve and Enhance Retail Sales Base.

ln addition, the proposed project is in compliance with all requirements of Chapter 18 of theCity Code.

2. The proposed projecf rs consistent with the current zoning on the property.

The property is currently zoned BP and a hotel is a permitted use by right.

The CSP is in compliance with all applicable use, development and design standards set forthin the City Code.

The proposed CSP is in compliance with all applicable development and design standardsincluding access, landscaping, parking, and related site design requirements.

4. Adequate facilitíes and seruices exrsf or are planned by the project to serve the devetopment

3

5.

Water, sewer, and roadway infrastructure services currently exist to serve the project. TheDeveloper is responsible for extending all necessary water and sewer lines within the site.Drainage improvements and storm water detention facilities will be constructed by theDeveloper to serve the project. Adequate pedestrian trail connections and proposed trailimprovements are provided for increased access to surrounding businesses.

Compatibility with the surrounding area is demonstrated by proposed improvements, includingscreening and buffering that has been provided to minimize impacts to adjacenf uses.

The proposed improvements, including buffering in the form of building setbacks, fencing,landscaping, and trail corridor improvements creates compatibility between the proposeddevelopment and the adjacent uses.

General Site Layout: The 1 1.74-acre site is currently vacant and is generally located at thesouthwest corner of West 88th Avenue and l-25. Surrounding land uses include both residential andnon-residential uses. Directly north of the site is the RTD park-n-ride. The North Star Hills single-


family residential development is located west of the site. The Appliance Factory Outlet is located thesouth of the site, and additional retail uses exist beyond l-25 to the east.

The proposed 48,100 square-foot hotel will be situated towards the east side of Lot 1 with parkingand circulation drives around the perimeter. Access to the hotel site will be provided along a privatedrive on the west side of the lot connecting to Conifer Road. The existing regional trail along the westboundary of the site will remain and will be improved by the developer in the form of upgraded lightfixtures and other trail amenities. Sidewalk connections will be provided to Conifer Road and theregional trail. A detention pond is located near the southeast corner of the site. The proposed CSPmeets or exceeds the site design standards specified in Chapter 18 of the City Code in all areasincluding on-site parking, landscaping, architecture, setbacks, and related site design requirements.

Landscaping: The site will be landscaped in accordance with City Code requirements. A minimumof 20 percent of the site is required to be landscaped and the site landscape plan is proposing 22percent landscape area. A 25-foot landscape buffer is proposed along l-25. Additional landscapingis proposed along the west side of the development for buffering to the adjacent residential propertiesand to enhance the regional trail corridor. Final landscape plans, including specific plan material anddetail, wíll be reviewed and approved through the subsequent Development Permit (DP) process.

Fencing: The developer has agreed to work with the residential property owners directly abutting thedevelopment site to replace the existing chain-link fence with a new six-foot privacy fence. Staff willfacilitate coordination with the owners as needed and final fence details and specifications will beapproved through the DP process. As recommended by the Adams 12 Five Star Schools, thedeveloper has also agreed to install a new six-foot chain-link fence on the Northstar ElementarySchool property to replace the existing four-foot fence.

Prairie Dog Mitigation: Prairie dogs currently exist on the site. Prior to approval of a DP, thedeveloper shall present documentation of good faith efforts to relocate prairie dog colonies inaccordance with Section 6-36(d) of the City Code.

Conceptual Architecture: The proposed hotel is a four-story structure with an overall height of 46feet, in compliance with the maximum allowable height of 120 feet. The proposed buildingarchitecture complies with the design provisions in Section 18-520 of the City Code pertaining to hotelprojects. Sufficient architectural relief is incorporated into the design to reduce the apparent mass ofthe structure and to create visual interest. The proposed building incorporates stone veneer andcement board siding as primary materials. Vertical and horizontal articulation is achieved by varyingthe building footprint, a stepped roofline, varied material patterns, and color differentiation. A heavytimber canopy is proposed at the main entrance on the north side of the building, providing a creativeentry treatment and further visual interest.

Public Land Dedication (PLD): The PLD requirements for the development will be satisfied per CityCode by providing improvements to the regional trail. Trail improvements shall include installing andreplacing lights as shown in the attached lighting plan and may include other trail amenities such asbenches, trash receptacles, bike racks, or pet waste stations. lf the cost of the trail improvements isless than the $80,526 owed, the balance shall be met by a cash-in-lieu payment. The PLDrequirements for the entirety of the development will be satisfied with the hotel project on Lot 1 andspecific timing and details will be determined through the Developer's Agreement.


Traffic, Circulation, and Access: The development will utilize one point of access on Conifer Roadat the northwest corner of the property. Conifer Road extends north to a signalized intersection atWest 88th Avenue. A preliminary traffic impact study has been reviewed and approved byDevelopment Engineering demonstrating that the existing roadway infrastructure is adequate to servethe development, including any future commercial uses on Lots 2 and 3.

The connection to Polaris Place in the North Star Hills subdivision to the west will be available only foremergency access and will not be open to the public. A locked emergency access gate will beinstalled, subject to review and approval by the Fire Department.

Pedestrian sidewalks and ramps will be installed parallel to the private drive on the west side of thedevelopment and will comply with City standards and specifications. Sidewalk connections will alsobe provided to the existing regional trail. An Americans with Disabilities Act (ADA)-compliantpedestrian access route will be provided to the building entrance.

Water and Sewer: Water and sewer utilities are available to the site. The Developer is responsiblefor extending all necessary water and sewer lines within the site and will comply with all applicableCity standards and specifications.

Drainage: A preliminary drainage plan has been approved by Development Engineering. Flows willbe directed to a proposed detention pond at the southeast corner of the site, then into the Niver CreekTributary "L" to the south.

Property History: The property was annexed into the City on November 12, 1973, by Ordinance No.565 and was zoned BP by the zoning transition program on January 25, 1993. There is no record ofprior development on the site and the property has not been platted.

PUBLIG NOTICE AND RESPONSE:

Public Notification: A public notice of the hearing was published on the City's official website on April3,2019 and at City Hall, the Margaret W. Carpenter Recreation Center, and the Thornton Active AdultCenter on April 3,2019. All property owners within 1,500 feet of this site and property owners withinthe North Star Hills subdivision were sent notice of the public hearing ten days prior to April 23, 2019.Notification of the City Council hearing was posted on the property ten days prior to the April 23,2019public hearing.

Public Response: A neighborhood meeting was held on November 15,2018 and approximately 40area residents attended the meeting. The developer presented the project and answered questions.The following specific issues and concerns were raised:

o Graffiti on the proposed privacy fence on the west property lineo RTD overflow parking on Conifer Roado lnsufficient parking on the hotel siteo Homeless individuals sleeping on trail bencheso lf the hotel performs background checks on customers (the developer stated that they do)o Prairie dogs and other wildlife on the propertyo Hotel rates and employee salaries. Occupancy rates


o School safetyo Emergency access only from Polaris Place

Attending residents were strongly opposed to the project and the project impact to adjacent uses. Thegeneral consensus was that the hotel would attract undesirable patrons to the area with the potentialfor increased crime and illicit activity on the site and the surrounding properties. Overall, theattending residents do not believe that the hotel is a desirable use for the property or a welcomeaddition to the community.

The Northstar Elementary School principal was also in attendance. While she acknowledged that theAdams 12 Five Star Schools remained neutral, the elementary school is opposed to the project.Safety of school children was the primary concern, with the belief that more school lock-outs may becaused by additional police activity generated by the hotel.

Additional e-mails and correspondence were received from the public and are attached


Conifer CrossingP1CSP201800758

E

CINITYIZONING MAP ffi::,ru;._-- ZONING BOUNDARY

flrorrce BouNDARY




LEGAL NOTICE OF PUBLIC HEARING

State of Colorado

County of Adams

l, Sheri Woodson, being first duly sworn upon oath depose and say that I did on April 3, 2019 post legal

notice of the City Council of the City of Thomton, CO, for a public hearing regarding a Conceptual Site Plan for a

proposed commercial and lodging development for approximately 12 acres in Conifer Grossing

(PLCSP201800758). The property is generally located at the southwest corner of W. 88th Avenue and Interstate

25. This hearing will be held on April 23, 2019 al7:00 p.m. at the Thomton City Hall in the Council Chambers, 9500

Civic Center Drive, Thornton CO.

The legal notice was posted at the following location, pursuant to City Code Section2-1:

1. Thornton'sofficialwebsite, www.cityofthornton.net

Signed: !,ç,; rroo)* Date: *-3 -|.1Title: Administrative Specialist lll

me by flheri t,'Jorlr.',"r

ss.)))

Subscribed and sworn toColorado, This 3 day

Notary Public

. In the County of Adams, State ofof 20JL,

IY


PAGE 9

AFFIDAV¡T OF POSTING

PUBLIC NOTICE

State of Colorado

County of Adams

l, þt!.-þBpgk, being first duly sworn upon oath depose and say that I did, on April 3. 2019. post the

PUBLIC NOTICE of the City Council of the City of Thornton, Colorado, for the Public Hearing concerning a

Conceptual Site Plan for a proposed commercíal and lodging development on approximately 12 acres of land

generally located at the southwest corner of W. 88h Avenue and lnterstate 25 (Conifer Crossing). This hearing

will be held April 23,2019, at 7:00 p.m. at the Thornton City Hall in the Council Chambers, 9500 Civic Center

Drive, Thornton, Colorado, a copy of which posted Notice is attached hereto and posted at the following

locations:

1. Thornton City Hall, 9500 Civic Center Dr.

2. Margaret W. Carpenter Recreation Center, 11151Colorado Blvd.

3. Thornton Active Adult Center,9471 Dorothy Blvd.

ss.)

)

)

I

Signed Date ctistrative

S^ubscribed and swor¡ to before me by Lori Leopek, in the County of Adams, State of Colorado, thir

hç"t r , 2olÍi..'-

Notary Public My Commission Expires

ESMERALDA SISNEROSNOTARY PUBLIC

STATE OF COLORADONOTARY lD 20124068E99

rY cotillsslol.l EXPIRES OCTOBER 2õ, 2020


NOTICE OF PUBLIG HEARINGPLCSP20í800758

The City Council of the City of Thomton will hold a public hearing concerning a Conceptual SitePlan for a proposed commercial and lodging development on approximately '12 acres of landgenerally located at the southwest corner of W. 88h Avenue and lnterstate 25 (Conifer Crossing).

This hearing will be held April 23, 2019, at 7:00 p.m. at the Thornton City Hall in the CouncilChambers, 9500 Civic Center Drive, Thornton, Colorado.

The City Gouncil agenda is on the City of Thornton website at www.cityofthornton.net.

A copy of the Development Code (Chapter 18 of the Code of the City of Thornton) and the ZoningMap are on file with the City Clerk of the City of Thornton for inspection by any interested party.Further, any interested party may appear at this hearing or may communicate their interest to theCity Council by written notice. Written notice must be received prior to, or during the publichearing.

CITY COUNCIL OF THECITY OF THORNTON, COLORADO


ATTEST: Kristen N. Rosenbaum, City ClerkAPPROVED AS TO FORM: Luis A, Corchado, CityAttorney


$six'rlo,,Thornton City Hall9500 Civic Center DriveThornton, CO 80229www. cityoft hornton. net

City Development DepartmentCurrent Planning Division

PH 303-538-7295FAX 303-538-7373

April 8, 2019

RE: NOTICE OF PUBLIC HEARING - PLCSP201800758

Property Owner:

The Thornton City Council will hold a public hearing concerning a Conceptual Site Plan for aproposed commercial and lodging development on approximately 12 acres of land generallylocated at the southwest corner of W. 88th Avenue and lnterstate 25 (Conifer Crossing).

Per Thornton City Code, you are receiving this notice because you own property within 1,500feet of the subject property or you are an owner of property within a neighborhood in closeproximity to the subject property.

The Thornton City Council is holding the public hearing on April 23,2019, at 7 p.m. at ThorntonCity Hall in the Council Chambers, 9500 Civic Center Drive, Thornton, Colorado 80229.

The City Council agenda is on the city of Thornton website at www.cityofthornton.net.

All concerned residents and business representatives are invited to attend or communicatetheir interest by written notice. Written notice must be received prior to, or during the publichearing. Comments can be sent to [email protected]. lf you have anyquestions concerning this matter, please contact the City Development Department at 303-538-7443.

lf you have a disability and need a reasonable accommodation to attend or participate in themeeting, please contact the city's ADA Coordinator at 303-538-7245, at least eight hours inadvance and arrangements will be made to provide any reasonable accommodation that maybe required. TDD access is available through Colorado Relay at711or you can also contactthe City Development Department by email at [email protected].

Sincerely,

Ty RobbinsPlanner ll

cc: FILE - P1CSP201800758

COUNCIL COMMUNICATIONPAGE 12 .ERTIFICATION OF NOTICE PURSUANT TO C.R.S. 24-65.5.103

AFFIDAVIT OF //IIIAILING

The undersigned do(es) hereby depose(s) and certify that an examination of the recordsin the office of the County Clerk and Recorder was made in accordance with C.R.S. 24-65.5-103 ef seq. and

(check applicable box and fill in information)

ll such records do not provide the identity and address of record for any mineral estateowners.

[ ] the mineral estate owner(s) have provided a waiver of the right to notice in writingA COPY OF THE WAIVER SIGNED BY ALL MINERAL ESTATE OWNERS ISATTACHED HERETO.

lxl after such examination, on March 22 ,2019, which is not less than thirty(30) days before the date scheduled for the initial public hearing on the application fordevelopment, notice was sent, by first class mail, to 1) the attached mineral estateowner(s) as listed in the records of the County Clerk and Recorder, containing the timeand place of the initial public hearing, the nature of the hearing, the location oÌ theproperty that is the subject of the hearing, and the name of the applicant(s); AND 2) theCity of Thornton, with the name(s) and address(es) of the mineral'estate'owne(s). ACOPY OF THE NOTICE SENT IS ATTACHED HERETO,

Further affiant sayeth not.

Signature 7ø þr¡qer - P."tt - r'sPrinted Name: Pvrc Îl¡ít<. ùv,[pn'.p Lp Printed Name: Kc, I

I ela sState of Oelerade

county "fu:)

)

)

SS.

The above and Affidavit was,20u, personally by

MyNotary b

FAILURE TO PROVIDE THIS CERTIFICATION, INDICATING COMPLIANCE WITHC.R.S. 24-65.5.103 ETSEQ., WILL RESULT tN A CONTINUANCE OF THE HEARINGAS REQUIRED BY STATE LAW.

ubscribed before met{r,'/ }t 5¿"s¿ ll

this / tt -day or /f ,;)

úTÐOSSTATEtD#1

27

NotaryPAT


Pnre flovolnnrnenf- f ,^P^

100 N. Parker Ave.o Ste. I 14

Bryan, TX 77803

Pete Kram er 97 9 -599 -5593

March 22,2019

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

RME Petroleum Companyc/o Anadarko Petroleum CorporationP.O. Box 9149The Woodlands, Texas 77387-9147Attn: Manager Land, Westem Division

RME Land Corp.c/o Anadarko Petroleum CorporationP.O. Box 9149The \Moodlands, Texas 77387-9147Attn: Manager Property and Rights-of-Way

Re: Notice of Application for Development

This Notice of Application for Development is being sent pursuant to the requirements of C.R.S.

$ 24-65.5-103 et seq.,and a Request for Notification of Surface Development filed with thecounty clerk and recorder of Adams County recorded May 20,20A2, at Reception Numberc0971480.

On April 23,2019, a public hearing regarding a Conceptual Site Plan for a proposed commercialand lodging development for approximately 12 acres in Conifer Crossing (PLCSP201800758).The property is generally located at the southwest comer of W. 88th Avenue and Interstate 25,more specifically described in the Legal Description attached as Exhibit A.

The hearing will be held on April 23, 2019, at 7:00 p.m. at the Thornton City Hall in the CouncilChambers, 9500 Civic Center Drive, Thornton, CO 80229. The applicant's name is Pure StrikeDevelopment, LP.


Enclosures

Legal Desøiption, Exhibit A

KramerPartner

COUNCIL COMMUNICATIONPAGE 1.5

Exhibit A

I^EGAL DESCRIPTTON

P^ÊCIL ^r

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COUNCIL COMMUNICATIONPAGE.,I6

Pure Sfrike ent L-P-

100 N. Parker Ave., Ste. 114

Bryan, TX77803Pete Kram er 97 9 -599-5593

March 22,2019

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

The Traveler's Insurance Company385 Washington St.St. Paul, Minnesota 55102Attn: Real Estate Portfolio Manager

Re: Notice of Application for Development

This Notice of Application for Development is being sent pursuant to the requirements of C.R.S

$ 24-65.5-103 et seq.

On April 23,2019, a public hearing regarding a Conceptual Site Plan for a proposed commercialand lodging development fbr approximately 12 acres in Conifer Crossing (PLCSP201800758).The property is generally located at the southwest comer of W. 88ú Avenue and Interstate25,more specifically described in the Legal Description attached as Exhibit A.

The hearing will be held on April 23,2019,at 7:00 p.m. at the Thornton City Hall in the CouncilChambers,9500 Civic Center Drive, Thornton, CO 80229. The applicant's name is Pure StrikeDevelopment, LP.

KramerPartner

Enclosures

Legal Description, Exhibit A


Exhibit A

I.EG^L DESCR¡PTION

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From: chcordova@comcast. net Ichcordova@comcast. net]Sent: Friday, November L6,20t83:43 pM

To: Jacque PhillipsSubject: Woodsprings meeting

I am wr¡t¡ng concerning the meeting that we had at the city last night. ljust wanted to let you know thatthe principal of Northstar was there and that her and the staff are dead against it. The perspectiveowner told us he was dealing with Matt at the district and they were for it. No the district has to remainneutral.

A lot of the neighbors find it concerning that he is going to all the higher ups but never the people itdirectly affects.

Also his solution to the neighbors is a 6 foot privacy fence. A 6 foot wood privacy fence that will becomea nuisance immediately. lt will be tagged and destroyed in no time. How is a 6 foot fence going to stoppeople from entering the yards that back up to his property.

I really hope you are going to protect us concerning this matter as extended stays are focused onproviding services for workers--not residents-and there is typically little if any mention of interactionwith the existing community. So I dont understand how this hotel will offer a healthy environment onthe community.

Thank you for your time.

Cherish Salazar

Sent from Xfinity Connect Application


To: Thomton Clty Council and StaffMembers

Pure Strike Development is attempting to get approval for the Woodspring Suitesextended stay facilify near the North Star neighborhood. On March 20,2018 thisissue was voted down 9-0 by the Thomton City Council. Pure Strike Developmenthas attempted to resolve most of the issrres that were addressed in March 2018.There was a meeting on November 15, 2018 between the residents of North Starand Pure Strike Development to address the concems from the March meeting. Theneighbors do not feel their concerns were resolved to their satisfaction.

Issues of concem:

. North StarElementarry School: The facuþ members arevery concernedabout the safety of the children. Statistics show there is a considerable increase inpolice activity at extended stay facilities. It would be disruptive and traumatic to thechildren and school staffbecause of potential lockouts and/or lockdowns.

. Limited narkinq spaces: The Pure Strike Development representativestated that thç parking situation has been resolved. Based on the conceptual site plandistributed at the November 2018 meeting there are 115 parking spaces for 122 units.

. Access to the facilitv: Conifçr Road is the access for the RID Park andRide, which will need to be modified to provide access to WoodSpring Suites. On anygiven business day Conifer Road has approximately 20 cars parked on each sidebecause of the inadequate parking at the RID lot. This is a potentíalhazardfor anyemergency vehicles that would attempt to access the proposed Woodspring Suites.

. Increase in criminal activitv: The attached police reports for theHomeTowne Studios in Thornton and the rWoodspring Suites located in Centennialhave numerous criminal activities listed. This criminal activity could potentially carryover into the North Star neighborhood.

. Properfv evaluation:. Building an extended stay facility this close to theNorth Star residential area could diminish the value of the homes due to the closeproximity of the proposed Woodspring Suites.

At the time of writing this letter, we have a petition signed by 99 homes and over200 residents of the NorthStar neighborhood. This petition will be presented at thecouncil meeting of February 12,2019, assuming Pure Strike Development is stillpart of the Council's agenda

Enclosures:Police reports: WoodSpring Suites, 13253 E. BriarwoodAvenue, Centennial, CO,and HomeTowne Studios - 8750 Grant Street, Thornton, CO.

COUNC¡L COMMUNICATIONPAGE 20

AReperton HER IFFAddress Check Report

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Page 1 of

Location Name

Woodspring 5uítes

Woodspring Suites

Woodspring Suites

Woodspring Suites

Woodspring Suites

Woodspring Suites

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Woodspring Suites

Woodspring Suites

Woodspring Suites

Woodspring Suites

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Woodspring Suites

Woodspring Sui'tes

Woodspring Suites

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Woodspring Suites

Woodspring Suites

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313

100

220

222

222

222

222

328

324

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111

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13253 E Brian¡rood Ave

13253 E Briarwood Ave


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UNWANTED SUBJECTIP

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INFORMATON IP

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IL/13/2O77 1.1:09 AM

LVL4/2077 8:10 AM

l]../ú/t2017 5:13 PM

t1/24/2O17 5:23 PM

LU252OL7 L2:.42 AM

7l/25/2017 9:29 PM

tt/27/2017 12:18 AM

l2l5/2OL7 4:49 PM

L2lt3l2Ù77 6:52 PM

12/24/2077 6:35 PM

72/26/2077 I2:4Q PM

12n7/2017 3:02 PM

12/27/2017 9:21 PM

12/28/2017 L1:53 AM

Dl29n0n 222 AM

L2/29/2O77 10:zE AM

t2/29nOV 10:59 AM

1ßf2oß 11:56 AM

L/8/20I812:05 PM

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2/L/2O78 6:37 AM

2/L\/2O1.8 6:06 PM

2/74/20181:26 AM

2/23/20L8 9:08 PM

2/23/2078 1026 PM

Câsê #

Ac17-00¿t8137

Acr.7-0048657

AC1T-0049240

AC17-0050520

AC17-0050595

AC18-0000177

AC18-0002037

Master Incident #

cw0L7-oo47481

cr2017-0050365

cr2017-0050802

cr20r7-0052517

cr2017-0055253

cr2017-0055363

cr2017-0055684

cr2017-0056106

cr2017-0059850

cr2017-0063485

cr2017-0068044

cr2017-0068509

cr20L7-0068902

cr20L7-m69013

cr2017-0069238

cr2017-0069482

cr2017-0069592

cr2017-0069600

ct2018-0000902

cT2018-0002988

cr2018-0004967

cr2018-0015321

cT2018-0020354

ct2018-0021621

cw018-0026072

cT2018-0026102 Woodsprings Suites


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2/23/2oI8 11:30 PM

2n7/201810:17 PM

3/LnO78 9:38 PM

3nnAL8 9:39 PM

3/2f2O7810:08 AM

3/4n4781:56 AM

3/5l20t8 8:39 PM

3/8nOLgL2:24PM

3n6nït812:56 PM

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3/28/2oLB 8:28 AM

3129/20t810:52 AM

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4124/2O184:53 AM

4n6/20r81t19 PM

4/27/2OLB 7:51 PM

S/1/2OL811:28 PM

5n/2O18 8:43 AM

5ß/2o].E 10:56 PM

Sßlz0tg 7:18 PM

snu2o781t19 PM

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AC18-0004049

AC18-0005243

AC18-0007552

AC18-0007857

AC18-0008636

c12018-0026128

cT2078-O027æ2

cr2018-0028858

cf2018-0028857

cÍ2018-0029096

cr2018-0029821

cr-2018-0030610

cr2018-0032052

cT2018-0035922

ct2018-0037165

cI2018-0040936

4C2018-0041501.

cr2018-0043499

cr2018-004531s

c12018-0051244

cr2018-005r.760

cr2018-0055523

cr2018-0056090

cÍ2018-æ56263

cf2018-0058223

cr2018-{x158765

cr2018-006r-525

cr2018-ü)61683

cr2018-0,062977

cI2018-{n66212

cr2018-0068579

ct2018-0069350 Woodspring Suites

COUNCIL COMMUNICATIONPAGE22

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Address Check Report

LV4/2OL7 to L2l5l2ot812/5/2018 9:30 AM Page 3 ol

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Woodspr¡ng Suites

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COMMUNITY CONTACT IP*

UNWANTED SUBJECTIP

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DIS'IURBANCE VERBAL IP

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5/!5/2OLB 8:03 PM

5/75/201811:19 PM

5/76/2018 5:33 PM

5/26/201810:35 AM

6/1i2018 2:10 PM

6/2t2O!8 8:59 PM

6/].4/20L810:49 PM

6n7/2O78 1031 AM

6/2O/2AL81:50 AM

6n7/20L8 3:21 AM

6/27/2018 9:12 AM

6ßg/2ALB 8:54 PM

6ß0/241810:30 PM

7/8n0L81:51 PM

7/9/2078 9:33 AM

7/27/2AL8 9:19 PM

7/22/2018 8:59 PM

7n2/20].810:03 PM

7126120L84:s9PM

7/27/2oL87it8 AM

7n9/2O18 9:12 PM

8/6f29l8 10:16 PM

8/75/2aß 10:59 AM

8n5/201811:06 AM

8/17/201,81026 PM

8/19/2OL87:49PM

8/24/2oLB 10:09 PM

AC1E-0009888

ACLS{011434

AC18-0011639

ACr.8-0013946

AC18{015659

cr2018-0071260

cr2018-0071335

cr2018-0071868

ct2018-0078817

cr2018-0083214

ct'2018-0084189

cr2018-æ92954

cT2018-æ94505

cr2018-0096303

cr2018-010r.158

cT2018-0101266

cr2018-0103860

cr20L8-0103925

cr2018-0109s21

cr2018-0109931

cr2018-0119111

cr2018-0119740

cr2018-0119766

cT2018-0122623

cI20t8-0].'22904

cT2018-0124288

cT20t8-o729722

cr2018-0135756

cr2018-013s750

cf2018-0137795

cr2018-0138952

cT20t8-oL4249L Woodspring Suites


5ERT,INGÌ?IIÍIINTEGRIIY, I

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s'¡NCE r¡llS

4ofWoodspring Suites

Woodspring Suites

Woodspring Suites

Woodspring Suites

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8/29/20L8 2:38 PM

9/t?o7812:56 AM

9/2nAß 5:03 PM

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9/5/2078 9:05 PM

9/70/2018 9:44 PM

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AC18-0017L85

AC18-0017861

AC18-0017918

ACl8-0018363

AC18-001-8875

AC18-0018939

ACl8-0019771

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cT2018-0142588

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cT20ra-4167257

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c12018-0167962

cr2018-0168533

AC2018-0169831

cr2018-0170718

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c12018-0173801

cr20r.8-0176188

cT2078-O777707

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COUNCIL COMMUNICATIONPAGE27

Comoleted

1112412017o2:05

11t25t201712:01

11t25t201721:t8

11129t201702:56

ctearêd

11t24t201702:05

11t25l201712:01

11l25t201721:1I

11l29t201702:56

lst UnitDisoatc

hëd

11t2412017 O1:47

1112512017 11:47

11t2st2017 21:13

11t2912017 O1:58

Re.getved

1',|124t2A1701:47

11t25t201711:.46

11t25120172A:.26

1112st201701:57

Date/Tlme

ReRert

11t24t2o1701:.47

11f25f241711:46

11f2512o1720:26

11t2912o1701:57

Dispatcner

Officer

PACHEco.DINA L(7974'

DOWNING.JEFFREY(ess3)

PACHEco.DINA L(7s74)

BABANI. SONA(e4s2)

Disoatcher lD

1607974

1609553

1607974

1609492

Disoatch'erName

Latitude ofEvent

Location

39.8558

39.8558

39.8558001146274

39.8s58

Lonoitudeof EventLocation

-104.983112

-104.9831r2

144.9831120s6505

-104.983112

PosUBeatof EventLocation

Dishict ofEvent

LocationEventLocation

8750GRANTST#103.

W¿n

8750GRANTST#145.

IE&;

8750GRANTST.THORNToN.co:80229

8750GRANTST#306.

ffilz'

ReoorterfAsGode

BURGI-ARY

MEDICALCALLDELTA

THREATS

DISTURBANCE

Prima

o#."r

ROWLAND.KENNETH(8835)

KLINE

kot-ltrl(e531)

CUNE

ðatu(77oO)

SCHAETZLEL.

MICKEY(e281)

SituationFound -

H¡d

Dis.oosrlion

NOcRrMEocCURRED

ADVISEIFNEEDED

GONEONARRIVAL

FIELDINTERVIEW

cFst

TPD1711535ITPD17115787TPD17115964TPD17117040

GEUnit

Sen

5T7'

j<20'*4T8:

1T9:t

T2'

Pag,


oeUnil

Ser

T9

t

fT6

t

5T8t

5T6.

CotnDleted

1A05/201715:30

12106/201706:25

12t09/201722:29

12109/2017?2:12

cteatêd

12t05l201715:30

12l06/2A1706:25

12n9I2A1722:2I

lst UnitDisoatc

häd

12t051201715:21

12ß6t20l7 05:50

1U09l2017 22:O5

ReoerYEd

12t0s/201715:20

1A06/201705:45

12t09/201722:01

12t09/201722:12

DatelTime

ReRgrt

12tOát201715:20

1UA6t241705:45

1UA9l2o1722:O1

12l0912o1722:12

Digpatcner

Offtcer

MAESTAS.DORAt/e6e)

MORR

8ffio*A(s811)

DOWNING.JEFFREY(e553)

BABANI. SONA(s4e2)

Disoatcher lD

1607969

1609811

1609553

1609492

Disoatch'erName

L¡titude ofEvent

Location

39.8ss800106274

1

39.8558001146274

39.8558001A6274

1

39.8558001106274

Lonqitudeof EventLocation

104.983112056505

104.98311205650s

104.9831056505

12

104.983056505

112

PqstlBeatof EventLocatlon

Distrist ofEvent

Location

EventLgcatton




87s0GRANTsT.THORNToN.co:80229

ReooiledASGode

DOMESTICVIOLENCE

911HANGUP

CHECKWELLBEING

MEDICALCALLCHARLIE

Prima

o#""I

STROUD.STEPHEN(8628)

AYOU

frrro(e428)

TEJADA.ERIC(9524',t

SituationFound -

H¡d

Dis.DOSrtion

GONEONARRIVAL

NOREPORT

REFERTOOTHERAGENCY

CANCELLEDCALL

cFs#

TPD1711I2IITPD1

7I1o470

TPD17120I63TPD17120I66

Pag


GoMDleted

1A181201705:38

1A19t201713:07

12119t2A1722:38

12t2212017o2:.45

cteaned

12t18t2A1705:3I

12,rr,

201713:07

12l19t2A1722:3I

12122t201702:45

ls{ UnitDisoatc

hèd

12118t2A17 05:33

121191201712:19

1?/19/2017 22:26

1212112017 23:41

Re.cetYEd

12118t201705:30

1A191201712:17

121191201722:14

121211201723:.39

DatefTime

R??fl*

1?/181241705:30

121191201712:17

12t19t2o1722:14

1421no1723:39

Diçpstcner

Office¡

CARVE

8Hr*"L (8116)

SALAZ

âîn=*D(7972)

AMATO

Susn¡r(6781)

PACHEco.DINA L(7e741

Disoatcher lD

1608116

1607972

1606781

1607974

Disoatch'erName

Latitude ofEvent

Location

39.8558

39.8558

39.8558

39.94212508014

15


-104.983112

-1M.983112

-104.983112

104.983034129099

PostfBeatof EventLocation

District ofEvent

Location

EventLocation

8750GRANTST#337.

ßÐ¿u

8750GRANTST

+Ê11'80229

8750GRANTST#101.

l8l¿n

'l

8750GRANTST#207THORNToN.co:8024

ReoortetfAsCode

SUSPIctousACNVITY

CHILDISSUE

MEDICALCALLDELTA

DOMESTICVIOLENCE

Prima

o#*r

CUSToDro.MARI'o(e443)

HERRERA.RANDOLPHSCOTT(e520)

JIMENEZ.DANA.(88271

SituationFound -

H¡d

Disoosilion

GONEONARRIVAL

CLEARTOASSIST

ADVISEIFNEEDED

CLEARTOASSIST

cFs#

TPD17123710

TPDI71241I3

TPD171243I5

TPD17125197

Senee

Unil

I

5T9't

5T9:*

1T6:

2T61

1T7:

*5T7't

5nt4T8r

5T6t

Pag,


Senoe

Unil

*2T6iI

2T7l*1Tt

*lT6:t

1T7:

t

4T9

Comoleted

12126t201711:21

01l01t201I0l:32

01loa201I14:-17

01t07l201801:00

c¡ea1gd

12l26/201711:21

0fIO1l2A1801:32

01/0a2A1814:17

01to7l201801:00

lst UnitDisoatc

hèd

12J26/2017 fi:14

ailoil2018 01:32

01to2t201813:08

ailo7l2018 0O:50

Recelved

121261201711:o9

01t01/201801:22

ailoa2A1813:05

01l07l201800:l9

*BonDate/Ti

me

1?/2612o1711:09

01lo112018O1:22

01t0u201813:05

01lo71201800:19

Disoatchbr

Officer

ESTRADA.ULYSSES(9022ì-

MORR

Sffio*A(e8r1)

YOUNG

#r"(797s]

MORR

SH'.ro*A(s81r)

Disoatcher lD

1609o22

1609811

1607973

1609811

Disoatch'erName

l-atitude ofEvent

Location

39.8558001106274

39.8558

39.8558001106274

s9.8558001106274


104.983112056505

-104.983112

104.983112056505

1A4.983112056505

PostlBeatof EventLocation

District ofEvent

LocationEventLgcatþn


8750GRANTST#120.

r8Ð;

8750GRANTsï.THORNToN.co-80229


ReoortedAsGode

911HANGUP

MEDICALCALLDELTA

911HANGUP

SUSPICIOUSACTIVIw

Prima

o#of

CARTER.JOHN(e533)

cooKAunruDA(e536)

SINGER.PETERpu4¡

SituationFound -

Hid

Dis-fpslïon

NOREPORT

ADVtsEIFNEEDED

NOcRtMEocCURRED

NEGATIVEcoNTACT

cFs#

TPD1712634ITPD1I00004ITPD1I000445

TPD,lI0021Þ2

Pag


Senoe

Unit

û

5Í72*5T6t

4TA

t

2T21t

1T81

3T8'

*4T6',t

4T7'

4T72*4164.

5T71

CoMDleted

01l11t201I22:55

au121201I05:08

01l1A2A1I16:14

01t14t241I21:-32

cteared

0ll11l201822:55

01t12I2A1805:0I

0ll1u201816:l4

01t14I201821:32

lst UnitDisoatc

h¡rd

01t112.01822|52

01t12t2018 05:02

01112Í201816:01

01t14t201821:27

RqoetYEd

01l

ir1822:44

01l121201805:01

01t12120t816:00

01l14t2A1821:20

Date/Time

ReRSrt

01t111201822:44

oil14201805:01

01l12f2018l6:00

ail14120r821:20

D'f;3?'"Officer

PACHEco.DINA L(7e74)

YOUNG

ilI\MY(7e731

BORN.KATRINA(s237)

BURZA.JOHNA'THON(e565)

Disoatcher lD

1607974

1607973

1609237

1609565

Disoatch'erName

Latitude ofEvent

Location

39.9421215508014

39.9421215508014

39.9421215508014

39.9421215508014


04.98303429099

11

04.98303429099

ì1

104.983034129099

04.98303429099

11

Post/Beatof EventLocation

Distric't ofEvent

Location

EventLgcatþn

8750GRANTST#130.THO'RNToN.co:80241

1

8750GRANTST.THORÌ.¡ToN.co:8024

8750GRAl.¡TST#102.THO'RNToN.co:80241

1


ReoortedAsCode

MEDICALCALL

911HANGUP

MEDICALCALLCHARLIE

INDECENTEXPOSURE

Prima

o#rcef

MERGENS.ERIC(927g',)

MERGENS.ERIC(e27el

BLEVENS.GREGORY(712s1

MCMAHON

bnnrs(s065)

SituationFound -

H¡d

Dis.DOSrtion

REFERTOOTHERAGENCY

FALSEALARM

CLEARTOASStsT

GONEONARRIVAL

GFs#

TPD1I003777

TPD1I003I23TPD1E004001

TPD1I004I27

Pagr


Senoe

Unit

5T9i

5Tgi

5T8.*5T8t

><20i*5T21

*5T6:

5T7Í*5T72*5T6i

tr2'

ComÞleted

01t151201I(M:45

01t151241I02|26

01t201201Io2:14

01l261241I18:ß

cte¡lned

01l15t2Af8o4:45

0ll15I2A1802:2b

01t2ot201802:l4

0tt26l201818:4I

lst UnitDisoatc

hêd

ün5r2018O2:2O

oil20no18 O2:01

Re.oetved

01l151201Ba2:20

01l15t201802:21

01l2012018o2:00

01l261201818:42

meDate/Ti

RegrÉ

01t1sl2018O2:2O

01t15t2018O2:21

01t20t201802:00

01t26t201818:42

Dþpatcner

O{ficer

MORR

SHtro*A(s811)

CARVE

BH=*"L (8116)

woJcl8o**AJ(5r/11


Disoatcher lD

1609811

1608116

1605771

1609565

Disoatchèrllarne

Latítude ofEvent

Location

39.94212508014

15

39.9421215s08014

39.94212508014

l5

39.8558001106274


104.983034129099

04.98303429099

11

04.98303429099

11

104.983056505

112


District ofEvent

Location

EventLgcatton


1


8750GRANTST#222.THO'RNToN.co:8A241

8750GRANTST.THORNToN_co:80229

ReoortedAsCode

D]STURBANCE

INJURYACCIDENT

DISTURBANCE

Jl'JVENILEPROBLEM

Prima

o#..r

CUSToDro.MARI'o(s443'

GETTMAN.KAS R(7eoe)

SituationFound -

H¡d

Disoosition

CLEARONREPORT

<*EXPIRED

DUPLlcATEANDCANCELLED

LAcKOFPROSECUTtoN

CANCELLEDCALL

cFs#

TPD1I004I6o

TPD1I004I70TPD1I006713

TPDII00II15

Pagr


GoMDleted

01t26t201I?2:11

01t30/201I23:47

o2t03/201I21:30

oaMI241Il6:26

cteargd

01l26t201822:11

0ll3ot201823:47

02to3t201821:30

02to4t2A18l6:26

lst UnitDisoatc

hêd

01126t2018 21:56

011301201823:42

02[031201821:23

o2to4no1816:22

Re.oelYEd

01l26t201821:52

v'U30/201823:42

o2l03/201821:05

azo4t201816:19

Date/Time

Re#rrt

12612I:52

010121

01l30l201823.42

oaog201821|45

oao4t201816:19

Dispatcner

Ofñcer

WOJCI

5i**,*AJ(57711

I-AFLE

HËe'*A(7eô8)

BURZA.JOHNIA'THON(e56s)

OWEN

R¡"rtRLEYRAEíDUP7735)

Disoatcfrer lD

1605771

1607968

1609565

1607735

Disoatch'erl{ame

Latitude ofEvent

Location

39.9421215508014

39.94212508014

15

39.9421215508014

39.9421215508014


04.98303429099

11

r04.983034129099

04.98303429099

11

104.983034129099


District ofEvent

Location

EventLocation

8750GRANTST#140.THO'RNToN.co:8A241

1

8750GRANTsT.THORNToN.co.8AZ4

1


1


ReoortedAsGode

THREATS

DISTURBANCE

911HANGUP

FIRE

Prima

o#""r

THORNTON

Rvn¡r(e448)


THORNTON

RYAN(s448)

GREENEMEIER.ZACH(e034)

SituationFound -

H¡d

Disoosilion

NOcRrMEocCURRED

NOcRlMEocCURRED

NOcRtMEocCURRED

REFERTOOTHERAGENCY

cFs#

TPD18o0II69

TPD1I0I025ITPD180116I5

TPD1I011924

oeUnit

4T8a

t

4T81

5T9:t

Sen

5T8:

1T9:

*4T9I

4T8

Pag


eêUnit

Sen

Ê

I

2T8:.t

2T8t

5T9:t

4T6'*5T9:

t

CoMDIeted

021111201I12:21

0a1A201I23:38

02t13t201I21:22

ozt141201I21;36

c¡eared

02t11t201812:21

02l1a201823:3I

02l13t20l821.,2

2

02t14t201821:36

lst UnitDisoatc

hëd

02t11EO1812:O4

a2t1a201823:27

021131201821-2O

azn4t201821:32

ReeetYEd

o2l111201812:.02

oa1A201822:26

oa13t201820:5l

o2l1412A182't:30

Date/Tlme

RSrn

oa{P01812:J,2

o2lPrz01822:26

az1a201820:51

a2rßr201821:30

Dis¿atc

Officer

MAESTAS.DORA(7e6e)

beruevA(e301)

MILLER

PACHEco.D¡NA L(7e74)

LAFLE

HËc,*A(7e68)

Disoatcåer lD

1607969

1609301

1607974

1607968

Disoatcherl{ame

L¡titude ofEvent

Locatlon

39.94212508014

15

39.8558001146274

39.9421215508014

39.855800106274

1

Lonoitudeof EventLocalion

04.98303429099

i1

104.9831056505

12

04.98303429099

11

104.983112056505


District ofEvent

Location

EventLgcatþn

1

8750GRANTST.THORNToN.co-aoz4

8750GRANTsT.THORNToN.CO:8A229

1



ReooltedAsCode

DOMESTICV¡OLENCE

911HANGUP

911HANGUP

911HANGUP

¡

Prima

o#,".

JEKIC

ñl*t"ANIEL(e275)

M¡LLE

ScotT(e543)

HERRMAN.KENT(ss7e)

FUSS.TIMO'THY(8627)

SituationFound -

H¡d

Dis.oostlion

NOREPORT

FALSEALARM

NOREPORT

UNABLETOLOCATE

cFs#

TPD'lI01420ITPD1I0146I2TPDI80150',4TPD1I015384

Page


Comoleted

o2l16t241I21:.o6

ou20t241I18:t6

03to2l201I03:23

03/o4t241Ia2:04

c¡eated

02l16/201821:06

02t2ol201818:16

03loa201803:23

03lo4t201802:04

lst UnitDisoatc

hêd

0?J16120182O:.49

03t0?/2018 03:14

a3l04t2a18 02:00

Rqcolved

oa161201820:32

a2l201201818:16

03/o2t2A1803:13

03lo4l201801:40

tneDaterT¡

R?rn

oa16n01820:32

oa201201818:f 6

a3t02t201803:13

osta4/20180l:40

Di¡natcOfficer

MORR

8Xfro*A(e811)

LAFLE

HEc'*Ac/s68)

PACHEco-DINA Líe74'

BURZA.JOHNA'THON(s565)

Disoatcher lD

16098ll

1607968

1607974

1609565

Disoatch'erName

Latitude ofEvent

Location

39.9421215508014

39.9421215s08014

39.9/t:212508014

15

39.94212155080f4


104.983034129099

04.98303429099

\1

104.983034129099

04.98303429099

\1


District ofEvent

Location

EventLgcatton

1


1

8750GRANTST.THORNToN.co:aoz4

1


1


ReoortedAsCode

UNWANTEDPARTY

911HANGUP

UNKNOWNPROBLEM

SUSPICIOUSACTIVITY

Prima

ofl,".I

CUNE

Xeo*(7700)

BEIGLER.JACOB(8830)

AYOU

frrto(e428)

SituationFound -

H¡d

DisDOStüon

NOcRlMEocCURRED

ADVISEIFNEEDED

ADV¡sEIFNEEDED

UNABLETOLOCATE

cFs#

TPD1I016030

TPD18017256

TPD1I02054ITPD1I0212II

ceUnil

l<20*4T8

Ser

5T9

a

5T6.

5T7.

5Í7

Page


PAGE 36

oeUnil

T9

Ser,

5T7:t

5T7:*5T6:

5T7:

u24S233

GoMD¡eted

03/141241I22:06

03/161201804:45

03/17t201I04:02

03/2A201Io2:.26

cteaFEd

03l14l201822:06

03t16l201804:45

03t17t20l8o4:02

03t22l2A1802:26

lst UnitDisoatc

hêrl

o3t14t201822:AA

oa1612018 01:51

03117120'1803:42

03/21/2018 2O:48

Re.cetved

o3l14120t821:.36

03l/16120l801:49

03/1712018o2:03

03t21120t820:28

DatelTime*3rn

o3l14t201821:36

a3n6E01801:49

a3tfit20r802:03

03t21120182O:28

D$natcOfñcer

BETTSCHEN.ASHLÊYM(7e77)

AMATO

Suse¡¡(6781)

BURZA.JOHNA'THON(s565)

BORN.KATRINA(s2371

Disoatcher lD

1607977

1606781

1609565

1609237

Disoatch'erName

Latitude ofEvent

Location

39.942121s508014

39.942121ss08014

39.çA:212508014

15

39.9421215508014

LonoitudeofEventLocation

04.98303429099

11

04.98303429099

ì1

04.98303429099

i1

04.98303429099

11


Distict ofEvent

Location

EventLgcatton


8750GRANTST#224.THO'RNToN.GO:80241

1

8750GRANTST.THORNToN.co:8¡024

8750GRANTST#122-THO'RNToN.co:8¡0241

ReoortedAsCode

911HANGUP

SERVICE

CIVILMATTER

THEFT

Prima

o#oÍ

THORNTON

RvnN(e4/'8)

ROVVLAND.KENNETH(8835)

KIMERER.LUCAS(e535)

SituationFound -

H¡d

Dls.DOS¡lion

NOcRtMEocCURRED

CLEARTOASSIST

NEGATIVEcoNTACT

CLEARONREPORT

cFst

TPD1I0250I0

TPD1I025501

TPD1802589ITPD1I027450

Page


Senoe

Unil

21213231

'21,'11:

35.35;

's3

*

GoMDleled

03/2.t241812:.00

03/241201I11:l5

03/zst201Io2:17

03/25t201I1l:26

c¡e¡lrcd

03t2a201812:00

03t24t201811:l5

03125/201802:17

03t25I201811:26

f st UnitDisoatc

hêd

03l2u201811:37

o3r24t201811:05

o3f25//2018 02:09

o3t251201811.'26

Rqee¡vgd

03/24201811:36

03/241201811:o4

03/2512A18o2:08

03/25t201811:11

Date/Time*än

a3t22t2018l1:36

03t24P,01811'_O4

03l2sn01802:08

03t25l201811:11

Di;natcOfllcer

RODRIGUÉ2.MIQUEL (8800)

LOO.TAYLOR(e88s)

Disoatcher lD

1608800

1609885

1608792

1608792

Disoatch'erName

Latitude ofEvent

Location

39.94:21215508014

39.94:21215s08014

39.çN21215508014

39.Vt212508014

15


04.98303429099

ì1

104.983034129099

04.98303429099

11

04.98303429099

11


Dlstrict ofEvent

Location

EventLgcatton

8750GRANTST*Ë304.THO'RNToN.co:80241

8750GRANTSTf236.THO'RNToN.co:80241

8750GRANTST#137.THO-RNToN.co:80241

1


ReoortedAsGode

MEDICALCALLCHARLIE

MEDICALCALLDELTA

DISTURBANCE

911HANGUP

Prima

ofl,oI

DYRU

Bn**ETT(s725)

RAMAZAUSKAS.MARTYNAS(e726)

MILLE

ScotT(erß)

GERHARDT.JAME'SA(3572)

SituationFouñid -

H¡d

Disoosllion

CLEARTOASSIST

REFERTOOTHERAGENCY

NOcRtMEocCURRED

ADVISEIFNEEDED

cFs#

TPD18027625

TPDII02I378

TPDII0286I1

TPD1I02I7I5

Page


GEUnitSen

331S2.

'11¿* 113

11:21331:11¿s2'

24¿13Í14i24i

aa*

GoMD¡eled

03l251201I19:34

03/30/201I08:f5

03l30/201I09:39

03/30/201I18:19

ctealed

03t25t201819:34

03I3OI201809:3I

03/30l201818:1I

lst UnitDismtc

hëd

o31251201819:33

03l30fzaf I07:59

03130120l8 09:19

a3ß01201818:00

Re.oerved

03l251201819:26

03/30/2018o7:58

03t30/201809:19

03/30/201817:46

Date/Time*31*

aa2sl20f819:26

03t30l201807:58

03ßot201809:19

o3l30t201817:46

Dispatcher

Ofñcer

SEATO

üno*oIM(7s781

BROOK

ftr"=RLEY(773s)

BROOK

ft"r=RLEY(7735)

BORN.KATRINA(s2371

Disoatcher lD

1607978

1607735

1607735

1609237

Disoatch'erName

Latitude ofEvent

Location

39.9421215508014

39.8558001106274

39.9421215508014

39.8558001106274


04.98303429099

11

104.983112056s05

04.98303429099

\1

104.983112056505

PqsUBeatof EventLocation

Distric"t ofEvent

Location

EventLgcat

ton

1


8750GRANTsT.THORNToN.co:802,29

8750GRANTSTg¿40.THO'RNToN.co:ao241


ReoortedAsCode

911HANGUP

911HANGUP

SHOTSFIRED

911HANGUP

Prima

o#."Í

MULLIGAN.MATTHEW(es37)

DRESSLER.JAKE(e727)

VASEY.JEFFREY(e476)

BECKMAN.BOB'p73/.)

SituationFound -

Hid

Dis-DOStlion

FALSEALARM

UNABLETOLOCATE

OVERPRIORTOARRIVAL

UNABLETOLOCATE

cFs*

TPDI802II22

ËD1I030413

TPD1I030433

TPD1I030647

Page


Senoe

Unitr

* 251'252

51:431

24"S2.34Í35'.14iT414'

* 24''52,

*

t

t

CoMDleled

03/311241Io2:47

04l01l201I14;12

o4lMI201I23:.36

MI08/201818:56

cleat€d

03l31t201802:47

o4to1l201814'.1

2

04to4t201823:36

04t08I2A1818:56

lst UnitD'fip#"

o3t312:A1802..32

o4lo1l201813:37

04ß4na1823:21

04/a8,no1818:52

Re-GelYEd

03/31t20t8o2:27

o4l01t2A1813:33

04la4t2A1823:19

o4t08/201818:11

Date/Time*Ë"n

o3t31t201802:27

o4lat201813:33

04ta4l201823:19

o4la8l2018l8:11

Digpatcner

Officer

LAFLE

HEu,*A(7e68)

LOO.TAYLOR(e885)

CARVE

8u=*"L (8116)

GREENEMEIE

Rl t,N(es67)

Disoatcher lD

1607968

1609885

f608116

1609567

DisoatchèrName

Latitude ofEvent

Location

39.9421215508014

39.9421215508014

39.94212508014

l5

39.85s8001106274


04.98303429099

11

04.98303429099

\1

04.98303429099

11

104.983056s05

112


Dist¡ic't ofEvent

LocationEventLocat

ion

8750GRANTST#215.THO'RNToN.co.80241

1

8750GRANTST#za7THORNToN-co:8024

87s0GRANTST#232.THO"RNToN.co:80241


ReoortedAsCode

DOMESTICVIOLENCE

DOMESTlCVIOLENCE

DOMESTICVIOLENCE

9lfHANGUP

Prima

ofl,".r

BEIGLER.JACOB(8830)

GRANGIER-AMANDA(8712)

GENT

Ën*,FER(886e)

GENT

Ht*,FER(886e)

SituationFound -

Hid

Disoqsilion

NEGATIVEcoNTACT

NOREPORT

UNABLETOLOCATE

MIS-DIALEDCALL

cFs#

TPD1I030I01

TPD1I03129ITPD18032543

TPD1I033II3

Page


CofnDleted

04t261201I23:54

04t30/201I17:40

0s/10/241I18:59

05/1A201I19:10

ctealed

04l26l201823:54

04t3at201817:40

05l1ot201818:59

05l1a201819:10

lst UnitDisoatc

hèd

04t26t201823:46

o4t301201817:13

o5ltolaa18 l8:49

05t12t201818:57

Recetved

o4t26t20t823:46

04t30/201815:53

osl10120l818:24

o5/1A201818:56

DateúTime

ReRert

04t26t201823:46

o4t301201815:53

oùtßn01818:24

o5t12t20f818:56

Dispatcner

Ofñcer

AMATO

Susn¡(6781)

MAESTAS.DORA(7e6e)

RODRIGUEZ.MIOUEL (8800)

WOJCI

6E*,*AJ(5771)

Disoatcher lD

1606781

1607969

1608800

1605771

Disoatch'erl{ame

Latitude ofEvent

Location

39.942121ss080r4

39.9/1:212508014

15

39.9421215508014

39.855800106274

1

Lonaitudeof EventLocation

04.98303429099

ì1

104.983034129099

04.98303429099

11

1U.983112056505

PosUBeatof Eventlocation

Distric't ofEvent

Location

EventLgcatlon

1

8750GRANTST.THORNToN.co:80?i4

1

87s0GRANTST.THORNToN.GO:8024

1



ReoortedAsCode

UNKNOWNPROBLEM

CHECKWELLBEING

NARCoTrc/DRUGVIOLATION

UNWANTEDPARTY

Prlma

o#""I


GENT

Hn*,FER(886e)

)

ROUILLAR

Ro*'ANA(e283

PASTRANA

JesuS(e51e)

SituationFound -

H¡d

Dispg.siÌon

ctÏZENASStsT

NOREPORT

GONEONARRIVAL

GONEONARRIVAL

cFs#

TPD18040507

TPD18041795

TPD1I045762

TPD1I046562

Senoe

Unit

25:25'

* 24'* 13-

1314i24i

a

t 33:13

Page


oeUnit

24i23's2:

Sen

'2ã'2&

4*55í25:35:3t

it*at

Comoleted

05l14201823:16

05/1st241I01:18

05/271201I04:48

05/27t201I18:02

cteafed

05l1a201823:16

05l15t2A1801:1I

05127l201804:4I

05127t201818:02

lst UnitDisoatc

hëd

o5t12t201823:07

oil14no1819:51

0512712018 04:09

o5t2712018 18:02

Re.oetved

05/1A201823:.06

05/141201819:50

0s/271201804:08

05/271201817:-54

Date/TlmeRlrn

o5l121201823:06

o5l14l2018f 9:50

o5t271201804:08

o5t27f201817:54

Di¡natc

Ofñcer

woJcr8*,*AJ('ri11

LAFLE

HEe,*A(7e68)

MORR

SXfro*A(e811)


Disoatcher lD

1605771

1607968

1609811

1609565

Disoatch'erName

Latitude ofEvent

Location

39.8558001106274

39.94212508014

15

39.9421215508014

39.855800106274

1


104.983112056505

04.98303429099

11

104.983034129099

104.983112056505

PoslB¿atof EventLocation

Disbict ofEvent

Location

EventLocation

8750GRAt¡TsT.THORNToN_co:80229

8750GRANTST*Ë315.THO'RNToN.co:8A241

8750GRANTSTßu.THO'RNToN.co:80241

8750GRANTST.THORNToN.co:802æ

ReoortedAsGode

911HANGUP

DOMESTICVIOLENCE

SUSPICIOUSACTIVITY

MEDICALCALLCHARLIE

Prlma

o#""r

VONRIVENBURGH.EL[IS(e521)

HERRMAN.KENl(e57e)

MILLER.SCOTT(e543)

SituationFound -

H¡d

Disoosilion

UNABLETOLOCATE

CLEARONREPORT

CLEARTOASStsT

ADVlsEIFNEEDED

cFs*

TPD1I046621

TPD18047210

TPD1I052043

TPD1I052220

Page


Sen

* 11'* 212

14:3+

* s2:* 13:

25:

oeUnit

*t

Y\20'

CofflDleted

05/30/201I17:14

06/08/201I00:03

06/09/201I21:26

06/ßl201Io2:45

cteaned

05l3ot2A1817:14

06lo8l201800:03

06to9t2A1821;2Þ

06,or,

201802:45

lst UnitDisoatc

hèd

05t301201811:05

a6/o7l2018 23:51

06/09120l8 20:55

oil1al2018 02:19

Recelved

asl3At201811:.05

06/07l201823:.50

06/o9/2A1820:53

06/10l/2018o2:07

Date/Time

ReRgrt

a5ßot2018l1:05

o6ta7201823:50

o6t09t201820:53

o6t10t2018O2:AT

Disoatchbr

Officer

SAI.AZ

frñnr*D(7972',,

BORN.KATRINA(e237)

RUIZ.RILEY(s073)

WOJCI

6i**'*AJ(5771)

Disoatcher lD

1607972

1609237

1609073

1605771

Disoatch'erName

Latitude ofEvent

Location

39.8558001106274

39.855800106274

1

39.8558001106274

39.942121508014

5


104.983112056505

104.983112056505

104.983112056505

04.98303429099

11


District ofEvent

Location

EventLpcatþn




8750GRANTST#124-Tt{o'RNToN.co:8A241

ReoortedAsCode

oONSITEACTIN

DOMESTICVIOLENCE

UNKNOWNPROBLEM

CIVILMATTER

Prima

o#""r

BROWN.CHRISTOPHERD(55e2)

LIVINGSTO

A,o(9728)

WILSoN.DANIELT(5767)

VONRIVENBURGH.ELIIS(s52r)

SituationFound -

H¡d

DÍs.DOSrlion

CLEARONREPORT

OVERPRIORTOARRIVAL

NOREPORT

ctTtZENASSIST

GFs#

TPDI80532b0

TPD18056427

TPD1I057147

TPD1I057221

Page


oeUnlt

Sen

3t:

É

TA¿.6* 21¿

S2,54',24'23'

U:"24'

'24'23i*s2

ColnDleted

06/10t201I08:58

06/ßt241I19:48

06/1012A1823:.02

06/131201827:22

GIea]ed

06t1at2A1808:58

06

'ot,201819:4I

06l1ot201823:02

06l1a201821:22

lst UnitDisoatc

hëd

06110120f I08:29

06t101201819:20

o6t10t2a1822:47

061131201819:35

Re.Getved

06/10t201808:28

06/101201819:t8

06/10t20l822:06

06/13il2A18t9:34

Date/TimeR?rn

o6t10t2018a828

o6t1012018l9:18

06110t201822:O6

0611312018l9:34

Disoatch'er

O{ficer

BABANI. SONA(s4e2)

BROOK

ft"r-RLEY(7735)

SOLTIS

MrcneLE(s408)

SEATO

üno*oIM(7s78)

Disoatcher lD

1609492

1607735

1609408

1607978

Disoatch'erName

Latitude ofEvent

Location

39.9421215508014

39.9421215508014

39.9421215508014

3994212508014

15


04.98303429099

ì1

04.98303429099

11

04.98303429099

ì1

04.98303429099

11


District ofEvent

Location

EventLgcatþn

875t)GRANTSTf214.THO'RNToN.co:8A241

1

8750GRANTST.THORNToN.co.8úz4

I

87s0GRANTST.THORNToN.GO:8024


ReoortedAsCode

THREATENINGSUICIDE

DOMESTICVIOLENCE

911HANGUP

CIVILMATTER

Prima

o#..Í

DRESSLER.JAKE(s727)

WHIT

Fe*HAM(82e5)

KIMERER.LUCAS(e535)

)

TEJADA.ERIC(9524

SituationFound -

H¡d

Dis.oostlion

CLEARTOASSIST

CLEARTOASSIST

NOREPORT

CLEARTOASSIST

GFS#

TPD18057260

TPD1I057443

TPD1I0574I4TPDII05I627

Page


GoMDleled

06/151201I22:54

06/15t201I23:01

06/16t201I21:45

06/171201I13:05

cleared

06l15l201822:54

06l15l2A1823:01

06t16l201821;45

06t17l201813:05

lst UnitDisoatc

hêd

a6115t2018 23:01

06/16/201821:41

061171201812:5O

Re.cetved

06/1512A1822:52

06/1512A1822:53

06/16i/2A1820:.15

06/171201811:l6

me*"ffnDatelTi

0611slz01822:52

a6115t20r822:53

o6t16120182O:15

06117120r81 1:16

Dispatcner

Officer

MORR

Sffio*A(e811)


I.AFLE

HEc,"A(7e68)

sAt-Az

ffin=*D(797z',)

Disoatcher lD

r609811

160956s

1607968

1607972

DisoatchþrName

Latitude ofEvent

Location

39.9421215508014

39.855800r106274

39.9421215508014

39.94212508014

15


04.98303429099

11

1A4.983112056505

04.98303429099

11

04.98303429099

11


District ofEvent

Location

EventLocation

1


8750GRAt¡TST.THORNToN.co:80229

1


1


ReoortedAsCode

911HANGUP

MEDICALCALLALPHA

911HANGUP

ABANDONEDVEHICLE

Prima

o,#""I

THORNTON

RYn¡¡(s448)

SARAc.ADIS(e522)

SituationFound -

H¡d

Dis.oos!ìion

CANCELLEDCALL

ADVtsEIFNEEDED

MIS-DIALEDCALL

NOcRtMEocCURRED

cFs#

TPD

å059520

TPD1I05I521

TPD1I05II51

FD1I06007I

oeUnit

Sen

w

'21:

*

Page


GEUnits

Serv.

TPD

'241* 251* 252

231232142241

Gomoleted

06/

2&I22:35

06/181201I1t:30

06/1912A1I20|42

06/19t201I22:4

c¡ea¡ed

06t17l201822.25

06,ét

201811:30

06l19t201820:42

06t19t201822:40

lst UnitDisoatc

hêd

06117no1822:35

06/1812018ll:30

06119120182O:,27

061191201822:33

Re.ce¡ved

otr/1712A1822:29

06/18|/201811:21

06/19t201820:26

06/19t2Af822:33

ReneÉ

Date/Time

o6t171201822:29

061181201811:21

o6t19t20182O:26

o6n9r201822:33

Diçpatcner

Officer

BURZA.JOHNA'THON(es65)

ALLSOPP.COURTNEY(eesz)

I-AFLEUR.REGINA(7s68)

PACHEco.DINA L(7e74)

Disoatcher lD

1609565

1609937

1607968

1607974

Disoatch'erName

Latitude ofEvent

Location

39.855800106274

1

39.9421215508014

39.9421215508014

39.9421215508014


10ø'.983112056505

04.98303429099

11

04.98303429099

11

04.98303429099

11

PæUBeatof EventLocation

District ofEvent

Location

EventLocat

ion


8750GRANTST#340.THO'RNToN_co:80241

8750GRANTST#?28.THO'RNToN.co:80241


ReooÉedAsGode

HOMELESS

MEDICALCALL

911I{ANGUP

MEDICALCALL

Prima

o#".r

BARRros.BECKY(e06e)

HERRMAN.KENÏ(e57s)

SituationFound -

H¡d

Dis-DOS¡lion

NOREPORT

ADVISEIFNEEDED

NOREPORT

NOREPORT

cFs#

TPD1I060243TPD1806037ITPD18060I40

TPD1I060I71

Page

3îå,È,îf coMMuNIcATloN

SerYoe

Uniß

¿1¿¿

41111121

* 333'232'13:

254253154t

* 231331

CoMDleled

06/201201I08:39

06/221201I15:30

06/241201I04:10

06/26t201I15:37

cteaned

06n0t201808:39

06t22l201815:30

06t24l201804:10

06l26l20l815:37

lst UnitDisoatc

hêd

0612012018 08:01

06t22t2018 14:58

06t24l2018 03:58

a61261201814:39

Re.GetYEd

06/2012Al8Q7:15

06/22120l814:56

06/24t201803:57

06/26t2At814:.38

DatefTime*Ërn

06120t201807:15

06l22l2018l4:56

06t24t201803:57

06t26t201814:38

Digpatcner

Ofñcer

YOUNG

Ér"(7s73)

ALLSOPP.COURTNEY(es37)

BORN.KATRINA(s237)

SEATO

Hno*oIM(7s78)

Disoatcher lD

1607973

1609937

1609237

1607978

Disoatch'erName

Latitude ofEvent

Location

39.9421215508014

39.9421215508014

39.9421215508014

39.9421215508014


104.983034129099

04.98303429099

11

104.983034129099

04.98303429099

1'l

Post/BeatofEventLocation

District ofEvent

Location

EventLgcatton

8750GRANTST#225.THO'RNToN_co:8Az41

1

8750GRANTST.THORNToN-co:8024


I

8750GRANTST.THORNToN.co:ffi24

ReoortedAsGode

CHECKWELLBE¡NG

FOLLow-UP

DISTURBANCE

DISTURBANCE

Prima

o,fl,..r

BECKMAN.BOB'(e734)

GATY.CONNOR(e868)

SCHAETZLE.MICKEY(e28r)


SituationFound -

H¡d

Dls-oosrlion

OVERPRIORTOARRIVAL

NEGATIVEcoNTACT

CLEARTOASSIST

NOREPORT

cFs#

TPD1I061072

TPDII061I35

TPD18062560

TPD1I0634o9

Page


GofnDleled

07l01l201I20:41

a7t16t2018t3:20

07t161201I14:14

a7l21t201I22:05

cteared

07lo1l20182A:41

07l16l201813:20

07l16t201814:14

07121t201822:05

lst UnitDisoatc

hed

07t4il201818:22

07t211201821:44

Re.oetved

a7t01t20l818:20

07l16120't813:17

a7l16t201814-.13

071211201821:.43

lfleRTfNDatc/Ti

07tolt201818:20

07t161201813:17

07116n01814:13

07l21l201821:.43

D¡sDatch'er

Ofñcer

BROOK

R¡rr=RLEY(7735',|,

MITCHELL.LARA(ee35)

MITCHELL.I.ARA(ee3s)

BORN.KATRINA(e2371

Disoatcher lD

1607735

1609935

1609935

1609237

DisoatchërName

Latitude ofEvent

Location

39.9421215508014

39.94212508014

15

39.942121s508014

39.9421215508014

Lonaitudeo1ËventLocation

104.983034129099

04.98303429099

11

104.983034129099

04.98303429099

a1


District ofEvent

Location

EventLgcatþn

1

8750GRANTsT.TF{ORNToN.co.8024


1


8750GRANTSTf213.THO'RNToN.co:8A241

ReoortedAsCode

DISTURBANCE

FLAGGEDALARM

FLAGGEDAtARM

DOMESTICV¡OLENCE

Í

Prima

o#1".

GENT

H'*,*'FER(886e)

SHAGENA.MIA-(e5s4)

SituationFound -

Htd

D¡ts-DOSrtion

CLEARONREPORT

ADVISEIFNEEDED

ADVtsEIFNEEDED

NOREPORT

cFs#

TPD1I0656I4TPDI8072200

TPD1I072228

TPD1I074344

SeruGE

Unitr

342242231

a

t

s23

343233244

Page


Servoe

Unit¡

'254'253

231224

'222* 112

** 133

334233s2it

CoMDleted

07l22t201Io2:3f

07l221241I16:19

07t231201Il6:38

07l30/201I05:01

ctealed

07t2a201802:31

07l2a201816:1I

07123t201816:3I

07t3ol201805:01

lst UnitD'f;g:it"

07n2l201802;A2

07122120l8 15:15

a7P3l2A18 f6:17

a7t30t201804;14

RqGetYEd

07l22t2018o2:.01

a7t2A201815:15

07l231201816:t6

07l30/201804:14

Datemme

ReRert

a7n2t2018A2:O1

0724201815:15

07l2u201816:16

07t30t2018O4:.14

D¡f;T?tc

Officer

MORR

SXfro*A(e811)

MITCHELL.I.ARA(ee3s)

SEATO

Ëno*oIM(7e78)

I.AFLEUR.REGINAr/e68)

Disoatcher lD

16098r1

1609935

1647978

1607968

Disoatch'erl{ame

Latitude ofEvent

Location

39.94212508014

15

39.9421215508014

35.94212508014

15

39.9421215508014


04.98303429099

ì1

04.98303429099

11

04.98303429099

\1

04.98303429099

11


District ofEvent

Location

EventLocat

ion


8750GRANTSTf213.THO-RNToN.co:80241

1


1


ReoortedAsGode

SUSPIclousACTIVITY

DOMESTICVIOLENCE

MEDICALCALLDELTA

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Fromr [email protected] [email protected]]Sent: Wednesday, February 13, 2019 12:52 PMTo: Heidi Williams; Jacque Phillips; Adam Matkowsky; Eric Montoya; Sherry Goodman; Jessica Sandgren;Sam N izam; iennifer. kul man@ciWoft hornton. net; Eric TadeSubject: FW: Important Article on School Lockdowns

My name is Lucinda Nelson and I live at 652 Galaxy Circle in Thornton, CO, in the Northstar subdivision. I

am writing to appeal to you to please vote NO on the Woodspring Suite application again to build theirhotel next to Northstar Elementary School and our homes. We have so much crime in the area alreadyand the history of these short-stay hotels is not good after the first year, when they are not newanymore. Please look at police calls to the similar hotel on the east side of L25 on 88th Avenue andGrant St. Traffic in the area is also heavy. We truly feel very neglected in this South part of Thornton.

I am attaching an article from the Washington Post of December 26,20t8 and a newscast on Channel 7news on December 27,2018 about Lockdowns in schools. lf you will remember at the last meeting, inMarch, 2018, when the Council turned this project down 9-0, one of the teachers shared a very sad storyabout a little girl in his class and how she reacted to Lockdowns and Lockouts that happen at NorthstarElementary. I am emailing each of you a copy of the f¡rst part of this article about lockdowns in schoolshighlighting how these students are at r¡sk for lasting symptoms and long-term problems. please lookover this article and please vote NO again. There are not really any significant changes to their site planand this hotel and the potential crime and clientele it will attract will impact the school and theneighborhood significantly in a very bad way. Thank you for your consideration.

Lucinda Nelson

COUNCIL COMMUNICATIONPAGE 55 School lockdowns: How many American children have hidden from gun violence? - Washington Post

More than 4 million children endured lockdowns last school year, agroundbreaking Washington Post analys¡s found. The experience left many

traumatized.

By Steven Rich and John Woodrow Cox Dec. 26, 2018

Locked behind their green classroom door, MaKenzie Woody and z5 other first-graders

huddled in the darkness. She sat on the vinyl tile floor against a far wall, beneath a

taped-up list of phrases the kids were encouraged to say to each other: "I like you,"

"You're a rainbowr" "Are you ok?"

In that moment, though, the 6-year-old didn't say anything at all, because she believed

that a man with a gun was stalking the hallways of her school in the nation's capital, and

MaKenzie feared what he might do to her.

Three times between September and November, bursts of gunfire near MaKenzie's

public charter elementary school led DC Prep to seal offits Southeast Washington

campus and sequester its students. During the last one, on Nov. 16, a silver sedan

parked just around the corner atto:42 â.ffi., then the men inside stepped out and fired

more than 4o rounds. As MaKenzie's class hid upstairs, teachers frantically rushed three

dozen preschoolers offthe playground and back into the building.

"The lockdowns," as MaKenzie calls them, have changed her, because the little girl with

long braids and chocolate-brown eyes remembers what it was like before them, when

she always felt safe at her Anacostia school, and she knows what it's been like afterward,

when that feeling disappeared.

School shootings remain rare, even after zot8, a year of historic carnage on K-rz

campuses. What's not rare are lockdowns, which have become a hallmark of American

education and a byproduct of this country's inability to curb its gun violence epidemic.https://www.washingtonpost.com/graph¡cs/2018/local/school-lockdowns-in-america/?utm term=.15514b810cf8 1t24


Lockdowns save lives during real attacks, but even when there is no gunman stalking

the hallways, the procedures can inflict immense psychological damage on children

convinced that they're in danger. And the number of kids who have experienced these

ordeals is extraordinary.

Gabrielle Woody, center, with her children, MaKenzie, right, and Kayden lmes at theirDC Prep campus in Southeast Washington. (Bill O'Learyffhe Washington Post)

More than 4.r million students endured at least one lockdovvn in the zotT-2o18 school

year alone, according to a first-of-its-kind analysis by The Washington Post that

included a review of zo,ooo news stories and data from school districts in 3r of the

country's largest cities.

The number of students affected eclipsed the populations of Maine, Rhode Island,

Delaware and Vermont combined. But the total figure is likely much higher because

many school districts - including in Detroit and Chicago - do not track them and

hundreds never make the news, particularþwhen theyhappen at urban schools

attended primarily by children of color.

https://www.washingtonpost.com/graphics/2018/local/school-lockdowns-in-america/?utm term=.15514b810cf8 2t24

COUNCIL COMMUNICATIONPAGE 57 School lockdowns: How many American children have h¡dden from gun violence? - Washington Post

Still, on a typical day last school year, at least 16 campuses locked dorrrn, with nine

related to gun violence or the threat of it. The Post's final tally of lockdowns exceeded

6rzoo.

The sudden order to hunker down can overwhelm students, who have wept and soiled

themselves, written farewell messages to family members and wills explaining what

should be done with their bicycles and PlayStations. The terror can feel especially acute

right after school shootings like the one in Parkland, Fla., when kids are inundated with

details from massacres that have taken the lives of students just like them.

In NewYork City earlier this year, rumors of a firearm on campus sparked panic at

a Staten Island high school, where teens desperately texted and called their parents,

begging for help, telling them, "I love you."

In Fremont, Neb., students sobbed as they hid for nearly two hours in a girls' locker

room with the lights turned offafter a teenager was spotted with a gun. When armed

officers barged in, they ordered the kids to put their hands up.

In Pensacola, Fla., a sixth-grader messaged his grandmother, certain a shooter was in

the building after social media threats triggered a lockdown. "Please check me out

before I d.oe," he wrote her, then corrected his misspelling: "die."

And then there are the kids like MaKenzie, who have never heard of Parkland or Sandy

Hook or Columbine but have heard the sound of gunshots on the streets where they live

and play and learn.

D.C. police release video of 3 people firing weapons near school inSoutheast

https://www.washingtonpost.com/graphics/2018/local/school-lockdowns-in-america/?utm term=.155'l4b81ocf8 3t24


1.12

(Metropolitan Police Department)

She cherishes few things more than school. All of MaKenzie's classes are her favorite,

except for language arts, her "favorite favorite." The girl can read well beyond her grade

level and has nearly memorized the story "Monsters Don't Scuba Dive," said her mother,

Gabrielle Woody, who works in an aftercare program at DC Prep.

The network of charter schools, which attract long waiting lists each year, have

intentionally planted campuses in communities struggling with poverry and, like

MaKenzie's, violence. She's excelled, though, earning a spot on the "Principal's Cabinet,"

which means her behavior, attendance and grades rank among the best in her age

group. In the photo marking that honor, later stapled to a bulletin board outside her

classroom, she looks elated: pink socks pulled up to her shins, left hand on a hip, right

hand flashing the deuces sign, bright beads in her hair, and a grin revealing the baby

teeth she'd begun to lose.

MaKenzie didn't stop loving school because of the lockdowns, but she did think about

them often. About how upsetting it was that they had interrupted her time to learn new

words and different ways to add up numbers. About how scared she'd felt when some of

the kids wouldn't stop making noise and howher teacher had offered them Smarties ifthey could just stay quiet for a little longer.

She'd also become wary of recess on the playground, where games of tag and climbs

across the monkeybars had once been among the highlights of her days.

"Until the lockdowns happened," MaKenzie said. "I don't want to be outside because

what if someone was shooting and we had to leave and we were too late and everybody

got hurt?"



How fear fuels lockdowns

Parents comfort children at Glennwood Elementary in Decatur, Ga., last month after district schools wentinto lockdown amid multiple threats. (John Amis/AP)

No district is exempt from the fallout of lockdowns, regardless of demographics or

affluence, location or security. School systems in every state and the District had several

last school year, The Post's analysis found, and they happened in buildings with as few

as four students and as many as S,ooo.

https://www.washingtonpost.com/graph¡cs/2018/local/school-lockdowns-in-amer¡ca/?utm term=.1SS14bB10cf8 5t24


While various threats, sometimes referencing bombs, accounted for 15 percent of

lockdowns, and police manhunts near campuses made up a similar share, at least

6r percent were related to firearms.

In fact, on every schoolday between Labor Day in September 2oLT and Memorial Day in

May zor8, a campus in this countrywent into lockdown because of a shooting or the

perceived danger of one. Typicall¡ those stemmed from gunfire around campuses or

ominous warnings - often anonymous and seldom legitimate - that someone intended

to carry out an attack.

Students of all ages were affected, including America's youngest and most vulnerable.

Last school year, more than r million elementary-age children experienced a lockdown,

and among that group, at least 22o,ooo were in kindergarten or prekindergarten, the

Post analysis revealed.

While most kids won't suffer long-term consequences, experts who specialize in

childhood trauma suspect that a meaningful percentage will.

"This is a clear and pressing public health issue," said Steven Schlozman, a child

psychiatrist and assistant professor at Harvard Medical School, after learning of The

Post's findings, which he called "staggering."

"We have very good data that children in proximity to frightening circumstances, such

as those that trigger school lockdowns, are at risk for lasting symptoms. These include

everything from worsening academic and social progression to depression, anxiety, poor

sleep, post-traumatic symptomatology and substance abuse," he continued. "Given the

potential scope of the problem, we are in dire need of more information. How do we

protect children from these issues?"

The possibility of imminent danger, however small, poses a complex challenge for

school administrators, who must sometimes make critical decisions within seconds.



"We have to take every threat seriously" is a common refrain among educators, and

they're right, because the cost of ignoring one can be - and has been - dead children.

A city police officer in Decatur, Ga., patrols Glennwood Elementary while the school ison lockdown on Nov. 27. (John Amis/AP)

John Czajkowski, a former teacher and naval officer who heads security for a 4o,ooo-student district near San Diego, uses an analogy to help people understand the purpose,

and impact, of a lockdown.

"It's like an air bug," he said, because they save drivers'lives in car crashes, but the

devices might also break noses and crack teeth. His point: Full-scale lockdowns should

be employed only when absolutely necessary.

Last school year, the system Czajkowski oversees, Sweetwater Union High School

District, dealt with 7r student threats, he said, but only seven times did schools lock

dor,,vn, and five of those were prompted by off-campus danger, such as a burglary or

gunfire. In rr instances, schools went into what they refer to as "secure campus" mode,

https://wwwwashingtonpost.com/graphics/2018/local/schoollockdowns-in-america/?utm term=.15514b810cf8 7t24


in which classroom and exterior doors are locked and no one enters or leaves the

buildings but teachers can continue with instruction.

Some school districts still categorize that or similar measures as lockdowns, while

others call them "lockouts," "building mode" or "sheltering in place." Though those

scenarios can also unnerve children, the experiences are usually less jarring than

turning the lights off and hiding in the corner. Still, because there are no universally

accepted best practices, schools take dramatically different - and sometimes haphazard

- approaches to preparing students for potential danger.

Zurina Parker, 5, and Jadika Parker, 7, in Pflugerville, Tex., on March 21. Jadika's schoolwas lockeddown earlier that day while police searched the nearby home of Austin bombing suspect Mark AnthonyConditt. (Carolyn Van Houten/The Washington post)

Earlier this month, at Lake Brantley High in Florida, an unannounced active-shooter

drill induced pandemonium across the z,7oo-student campus, leaving mothers and

I

r\li

https://www.washingtonpost.com/graphics/2018/local/schooliockdowns-in-america/?utm term=.1Sb14bB10cf8 8t24

COUNCIL COMMUNICATIONPAGE 63 School lockdowns: How many American children have hidden from gun violence? - Wash¡ngton Post

fathers furious and their kids contending with nightmares

"People were cryrng and texting their parents goodbye and having asthma attacks," said

Cathy Kennedy-Paine, head of the National Association of School Psychologists' crisis

response team. "To do that to children, I think that's unconscionable."

She and other experts agreed that drilling is essential, both to protect students from

physical injury and to ease the stress of going through a real-life emergency, but the

drills must be done with care.

To illustrate the harm that a lockdor¡rn can do, Franci Crepeau-Hobson, a psychologist,

pointed to a pair of schools she worked with in recent years.

In December 2019, a teenager killed a fellow senior at Colorado's Arapahoe High before

taking his own life. As Crepeau-Hobson and her colleagues on the state's crisis response

team treated students and staff in the aftermath, they found a school well prepared to

care for teens struggling with grief and fear.

Not long after, Crepeau-Hobson was asked to help students from another high school

outside Denver. In that case, an off-campus robbery and carjacking left two people shot,

but no violence ever reached school grounds.

"They were on lockdown for hours and hours," without any information to alleviate theirdread, Crepeau-Hobson recalled. Afterward, she said, the school did little to ensure that

its students felt okay, though many didn't. Teens suffered from stomach pain and

headaches. some struggled to focus in class. others couldn't sleep.

"It was like, wow, this was what we see after a school shooting," she said. "They looked

very much like kids we've seen from other major crises."

https://wwwwashingtonpost.com/graphics/2018/local/school-lockdowns-in-america/?utm term=.1s514bB10cf8 9t24


School lockdowns: How many American children have hidden from gun violence? - Washington Post

Students evacuate Marjory Stoneman Douglas High in Parkland, Fla., on Feb. 14after a shooter opened fire on campus, killing 17. (Mike Stocker/South Florida Sun-Sentinel/AP)

Compounding the problem for educators, according to The Post's analysis: Aleading

cause of lockdowns - threats - and a common effect - anxiety - are contagious, and

they're each exacerbated by actual gun violence. Nationally, the seven days with the

highest number of incidents leading to school lockdowns occurred in the two weeks

after the bloodshed at Marjory Stoneman Douglas High in Broward County, Fla., on

Feb. 14.

The same phenomenon, The Post found, can happen at the local level. In the month

after dozens of people were slaughtered at a Las Vegas country music festival on Oct. r,

https://www.washingtonpost.com/graphics/2018/local/schoollockdowns-in-america/?utm term=.155l4b81OcfB 10t24

COUNCIT COMMUNICATIONPAGE 65

School lockdowns: How many Amer¡can children have hidden from gun violence? - Washington Post

2oL7, the number of lockdowns in Nevada's Clark County School District spiked

42 percent to a total of 37, the highest count during the entire school year.

It's not just mass killings, though, that leave children believing they might get shot in

their classrooms. As Ajani Dartiguenave rode to school in Charlotte with his mom one

morning in October, he heard on the radio that a student at Butler High, about zo miles

away, had been gunned dor¡rn in a hallway. Ajani, rz, didn't say anything about it at the

time, recalled his mother, Claudia Charles, and she didn't discuss it with him. They live

in an upscale neighborhood where crime is rare. He had never seen a gun in person or

heard shots from his bedroom, and Charles, a nurse, wouldn't even let him play with

water pistols. Not once did she imagine that the violence they'd heard about on the radio

would make him feel unsafe.

Ajani Dartiguenave, 12, with his mother, Claudia Charles, in Charlotte, where the boy recentlyexperienced a terrifying school lockdown. (Logan Cyrus for The Washington Post)

https://www.washingtonpost.com/graphics/2018/local/school-lockdowns-in-america/?utm term=.1SS14bB10cf8 11t24


Eleven days later, Ajani was studying English literature at Governors' Village STEM

Academywhen someone on the intercom announced that the campus was being locked

down. The seventh-grader didn't knowthat an anonymous threat - never in danger of

being carried out - had elicited the response. He knew only that a boy in the

community had been shot to death inside another school a week before, and that made

Ajani think he would get shot, too.

So, as he and his friends sat on the floor, Ajani reached into his bookbag, adorned with a

smiling cartoon anime character. Without making a sound, he pulled out a pencil,

writing first on an index card and then a sheet of notebook paper. At the top, he

scribbled his home address and his mom's name.

"I am sorry for anything I have done," he wrote.

"I am scared to death."

"I will miss you."

"I hope that you are going to be ok with me gone."

https://www.washingtonpost.com/graphics/2018/local/school-lockdowns-in-america/?utm term=.155l4b810cf8 12t24



Ajani holds the heart-rending letter he wrote to his mother during the schoollockdown. (Logan Cyrus for The Washington Post)

One duy, dozens of lockdownsThe threat arrived before darvn, and as he read the words, Matt Henry could feel his

stomach tighten.

It had been nine days since 17 people were killed at Stoneman Douglas, and now Henry,

the superintendent of a rural district south of Portland, Ore., had just heard from police

about an anonyrnous Facebook post vowing violence against his students in Gervais.

"All the school shootings," it read, "I'm coming for you woodburn and gervas Friday

February 28 10 am."

https:/iwww.washingtonpost.com/graphics/2018/local/school-lockdowns-in-america/?utm term=.15514b8'l0cfg 13t24



In the hours that followed, a tide of chaos and angst would sweep through schools

across the country, and by the time night fell in America, 38 separate incidents would

lead to lockdowns, the most The Post identified during any single day last school year.

School lockdowns on Friday, February 23,2018 5:45 PM

INCIDENTS33

LOCKDOWNS67

STUDENTS AFFECTED50,427

Replay

Henry read the warning just after S a.m. on the West Coast, and already, campuses

3,ooo miles east were stationing police officers outside shuttered doors.

The Concord School in Vermont had locked down first thing that morning after spotting

another Facebook post, originally taken from Snapchat, that included a picture of the

Parkland gunman and a promise to "do better than him on Friday at concord High

School." The threat, investigators discovered, had nothing to do with the Vermont

school, and had instead been directed to one with a similar name in New Hampshire.

Around the same time, campuses went into lockdor¡rn in North Carolina (a Facebook

post promising to "shoot up" a school), Ohio (an armed suspect at large near a middle

and high school), Michigan (an online threat made by one teen toward another) and

https://www.washingtonpost.com/graphics/2018/local/school-lockdowns-in-america/?utm term=.l55l4b81ocf8 14124


Florida (a t4-year-old showing two students what looked like a pair of guns during a

FaceTime call, before saying he was going to attack their high school) - all before

10 a.m. on the East Coast.

In DeKalb County, Ill., an entire district - rr schools - locked down after

administrators learned of a Snapchat warning that stated "at 2pm no one is safe here."

The note appeared on an image that looked as though it had been written on a bathroom

stall, said Superintendent Jamie Craven. His staffquickly confirmed it didn't match any

of their bathrooms, and police concluded that a lg-year-old had seen the message online

and simply reposted it. Neither revelation, however, quelled the worry that had already

spread from cellphone to cellphone, student to student, many of whom went home

early.

"Kids are very aware," Craven said, "of the things that have gone on around the

country."

On that Friday in late February, the fear was so intense in some communities that their

schools didn't even open. In Ohio, all five in one district remained closed after a

potential threat surfaced overnight. In Arizona, seven schools on Navajo land did the

same thing because comments about a potential shooting were made on social media. InCalifornia, a prestigious prep school canceled for the day when administrators learned

that a former student had mentioned "revenge," along with the school's name, in an

Instagram photo of a shotgun.

Meanwhile, as classes began in some places and neared their end in others, lockdowns

continued to pop up nationwide: Gallup High in New Mexico at B a.m. local time,

Adelante High in California at g:2o â.D., South Gibson County High in Tennessee at

1o:3o â.D., Lillie B. Williamson High in Alabama at noon, Laguna-Acoma High in New

Mexico at 12:go p.ffi., Winona Middle in Minnesota at 2:3o p.m.

hftps://www.washingtonpost.com/graphics/2018/local/school-lockdowns-in-america/?utm term=.15514b810cf8 15t24


Superintendent Matt Henry at his elementary school in Gervais, Ore., where the district was threatenedtwice in one day in February. (Beth Nakamura for The Washington post)

In Gervais, a l,ooo-student district in western Oregon, all three area schools had begun

the day in a reduced lockdown, allowing teachers to run their classes but prohibiting

anyone from going in or out of the buildings, said Henry, the superintendent. Still,

nothing felt normal as officers stood guard outside and staff had to escort younger kids

to and from bathrooms, heightening their worrythat danger loomed. Only about half of

the middle and high school students showed up that day.

By midmorning, Henry said, police were certain that the threat had originated out of

state and wasn't credible, so staff and students tried to transition back into their usual

routines. Then, shortly after z that afternoon, just as the elementary school had begun

dismissal, word came of another online threat. This one, Henry recalled, shook him,

because the message implied that a gunman was in their tor,rm and on his way.

https://www.washingtonpost.com/graphics/2018/local/school-lockdowns-in-america/?utm term=.1SS14b810cf8 16t24

COUNCIL COMMUNICATIONPAGE 71 School lockdowns: How many American ch¡ldren have h¡dden from gun violence? - Washington Post

The superintendent grabbed his coat and a radio and headed out the door, jogging to the

front of his nearþ elementary school. Through the swirl of buses and arriving parents,

he scanned the street, searching for an unfamiliar face. Henry had dealt with frightening

situations before, once catching a student on another campus with a .25-caliber

handgun. Yet that moment outside the elementary school felt unique. Henrywas

unarmed, but after a career in education spanning 3o years, he had talked through these

scenarios many times with his wife, who worked in another school district. If a shooter

appeared, he would do whatever he could to draw fire away from the school.

As time passed and, at last, police determined that the second message had also been a

hoax, Henry felt relief, but also fury that his kids, or any kids, had to endure such

turmoil in the places they should feel the most secure. That afternoon, he recorded a

final robo-call, giving an update on all that had happened.

"This has been a very trnng day," Henry said, and at the end of the message, he asked

parents to hug their children when they got home.

A barrage of shootings and lockdowns

https://www.washingtonpost.com/graph¡cs/2018/local/school-lockdowns-in-america/?utm term=.15514b810cf8 17t24

COUNCIL COMMUNICATIONPAGÉ72 School lockdowns: How many American children have hidden from gun violence? - Washington Post

F

ìq

II

I--\E=tæ

MaKenzie Woody works on a laptop while her mother attends a meeting at DC Prep's Anacostiaelementary school, which has changed its lockdown protocols to allow teaching to continue whenpossible. (Bill O'Leary/The Washington Post)

As the Nov. 16lockdo\m at the DC Prep elementary school ended, Principal Neema

Desai watched a trio of her preschoolers emerge from a conference room where they'd

hunkered for zo minutes. The kids, who had been on the playground when the shooting

started, were still wearing their jackets because the staff had rushed them back in so

quickly.

The looks on their faces so unsettled her that she struggled to describe them later

"Detached" was the word Desai eventually settled on, imagining what the children were

thinking as they shuffled by: "I'm 3, and I'm trying to process what just happened in the

school, in the place where my parents trust my teachers, where I'm supposed to be safe."

https://www.washingtonpost.com/graphics/2018/local/school-lockdowns-in-america/?utm term=.1SS14bB10cf8 18/24


In the hours that followed, students began to unravel. Among the things they said:

"\,Vho's going to shoot me?"

"I want to shoot people."

"I want to shoot myself."

Meanwhile, police officers arrived at the crime scene around the corner and began to

take note of where the 4o-plus bullet casings had scattered. What did not arrive was the

caravan of TV trucks and reporters that so often descend on schools when such scenes

play out in whiter, wealthier neighborhoods.

In its review of zo,ooo news stories related to school lockdowns, The Post discovered a

disproportionate amount of coverage focused on districts outside large cities. Yet

experts say children who live in high-crime urban neighborhoods maybe more

susceptible to stress during or after lockdowns. That's because so many of them have

been exposed to gunfire in their communities, and the threat of violence at school can

trigger traumatic memories.

Cheryl Ward, who oversees Columbus City Schools' counselors and social workers in

Ohio, describes it this way: If a child who adores his grandmother's sweet potato pie

smells a different one, he maythink of his grandmother. If a child who has seen a

shooting goes into lockdown because of a different one, he maythink of the one he

witnessed.

Last school year, there were 136lockdowns of varying degrees across the rro schools in

the Columbus district, one of the highest ratios among large-city systems that The Post

reviewed. Ward's staff is trained to identify vulnerable children before lockdowns so

they know who might need extra attention afterward because, for many kids who go

through them, their fear of gun violence doesn't come from faraway mass killings or

anonymous dispatches on Facebook.

https://www.washingtonpost.com/graphics/2018/local/school-lockdowns-in-america/?utm term=.iSS14b810cf8 19t24

COUNCIL COMMUNICATIONPAGE 74 School lockdowns: How many American children have hidden from gun violence? - Washington post

In Baltimore, where some neighborhoods have long been ravaged by gunfire, school

officials say they have worked to find a balance between keeping their kids safe and not

disrupting their classes, which means avoiding all-out lockdowns (lights off, kids quiet)

unless they have no other choice.

"The anxiety caused by full lockdowns along with the lost learning time take their own

toll on our students'well-being," district spokeswoman Anne Fullerton said. "Whenever

possible, we want our students to have a regular school day and to experience their

schools as safe havens."

A parent escorts her child to DC Prep's Anacostia elementary school, where studentsand staff have been unnerved by recent nearby gunfire. (Bill O'Leary/The WashingtonPost)

For parents at DC Prep, the barrage of shootings and subsequent lockdowns were so

disconcerting that some have considered pulling their kids out.

https://wwwwashingtonpost.com/graphics/2018/local/schoollockdowns-in-america/?utm term=.jSS14b810cf8 20t24


Monique Moore, who works as the school's operations manager, has been thrilled with

her 3-year-old's progress at DC Prep, where he's learnedz4letters and memorized every

number up to ro. But he was also on the playground that day in November, and since

then, she hasn't stopped imagining what might have happened had the three men in the

car turned the corner before they pulled their triggers.

"What's more important, his safety or his academics?" asked Moore, who might move

him to a DC Prep school in another neighborhood. "I have to make a decision sooner or

later."

Shanta Suggs has grappled with the same conflict. Her son, Zaydensaxton, who's 7,

shines at DC Prep, but she sensed his fear and frustration after the lockdowns. When

she talked to him about going to a different school, he sounded disappointed.

"What about my other friends? They're still going to be there," Zaydensaid, concerned

that the kids in his second-grade class might get hurt after he left.

"I didn't have an answer for that," Suggs said.

After the last lockdown, Desai and other administrators decided to change their security

protocols, announcing at a meeting with teachers in early December the school would

initiate full-scale lockdowns only if danger reached campus. Short of that, it would go

into "building mode," a far less disruptive response.

The next day, on a bright, sunny morning in Washington, someone around the corner

fired a dozen shots. Desai and her staffhurried to lock the doors to the school, but in a

classroom on the second floor, MaKenzie and the other first-graders didn't stop learning

new words or ways to add up numbers.

https://www.washingtonpost.com/graphics/2018/local/school-lockdowns-in-america/?utm term=.15514b8j0cf8 21t24


A year of carnage in American schools

Hannah Karcinell, 18, left, hugs her mother, Jodi, on Feb. 19 in Delray Beach, Fla., five days aftertheParkland massacre. (Jonathan Newton/The Washington post)

In April, the countrywill mark the zoth anniversary of the massacre at Columbine High,

and that day will arrive in the aftermath of the worst year of school shootings in modern

American history. This spring, The Post launched a database that tracked incidents ofgun violence on campuses dating back to tggg, and the carnage in zorS shattered every

meaningful record.

Most shootings at schools: 25.

Most people shot: 94.

Most people killed: 33.


COUNC¡t COMMUNICATIONFAGE 77 School lockdowns: How many American children have hidden from gun violence? - Washington Post

Most students exposed to gunfire on their campuses: 2S,SB2.

"There was once a time where we could say schools are the safest place for a child to be,

and theywould agree," said Steven Berkowitz, a psychiatrist who has worked with kids

for z5 years. "They wouldn't now, even though it's still true. The perception of safety is

no longer there."

By all measures, 2018 was the worst year for on-campus gunviolence s¡nce Columbine. ln that time, more than 220,000 students

have been exposed to it.

Explore the full database

)32STUDENTS EXPOSED

33PEOPLE KILLED

61

PEOPLE INJURED25

60

20

2018 2018 2018

Data for 1999 begins on April 20

It is against that backdrop that millions of children will continue to hide in the corners

of their classrooms, blinds drawn and doors bolted shut. That's where Alana Weber was

one afternoon early last month after the announcement of a lockdown had come over

the intercom at Niskayuna High, just northwest of Albany, N.Y.

Alana, 15, texted her mom, desperate to know what was going on. The girl believed a

shooter had reached the hallways, sure that the sound of slamming doors was actuaþgunshots. Struggling to stay calm, she asked her mother to send pictures of Milo, their

miniature poodle.

Word soon spread that a threat, written on a note found in Niskayuna, had provoked the

lockdown, but that offered only temporary relief. Police didn't know if the warning was

1


COUNCIL COMMUNICATIONPAGE 78 School lockdowns: How many American children have h¡dden from gun violence? - Wash¡ngton Post

legitimate, so they brought in dogs to search every backpack and locker, student and

staff member.

For nearly six hours, Alana and her classmates remained hidden in silence, without food

or water or access to bathrooms. Instead, they had to use trash cans. When at last the

teens were allowed to come out, police patted them down.

No weapon was ever found.

Alana came home thankful to be safe but deeply shaken. Often shy, she logged into

Facebook and decided to share her feelings.

The teen detailed all that they had been through that afternoon, not as a plea for

attention, but instead as one for help. The lockdown had happened on Nov. 5, the day

before the midterm elections. Alana knew she couldn't vote for candidates who support

gun control or do much of anything else to change the fact that kids like her all over the

country continue to fear that they might get shot in their schools. So she begged the

adults to do something about it.

"You have the power to make it so we don't have to worry about these things," she wrote

on the eve of Election Day, "so we don't have to hide in corners afraid to make a sound."

The next day, as millions of Americans went to the polls, more than 1o,ooo children in

at least 17 schools endured another lockdown.

Julie Tate and Amelíe de Vogue contributed to this report.

https://www.washingtonpost.com/graphics/2018/local/school-lockdowns-in-america/?utm term=.1SSl4bB10cf8 24t24

COUNCIL COMMUNICATIONPAGE 79 School safety expert says transparency during school lockdowns is needed

School safety expert saystransparency duri ng schoollockdowns is neededPosted:1:36 PM, Dec27,2018 Updated:2:09 PM, Dec27,2018By: Nicole Vowell

School lockdown. It's a term that has become far too common in America.

An analysis by the Washington Post found more than 4.r million students were

involved in at least one lockdor,yn in the zotT-zor8 school year.

One million of those students were in elementary school.

1t2

COUNCIL COMMUNICATIONPAGE 80 School safety expert says transparency during school lockdowns is needed

Just this month, a lockdown at Sandy Hook Elementary occurred on sixth anniversary

of the nation's worst school massacre in history.

Another this month happened at Columbine High School.

"Being able to have the capacity to lockdown a school effectively is a really importantsafety tool," says Amanda Klinger, a school safety educator and advocate.

Klinger says although school lockdor¡rns are needed, how they are conducted can be

traumatic for students.

"There is a cost," she explains. "There is a cost to emotional anxiety cost."

Data shows 15 percent of all school lockdowns are related to threats, including bomb

threats. Another 15 percent is related to police manhunts, and at least 6r percent were

related to firearms.

Klinger says for student'mental well-being, we have to do better job communicatingwhy they're going on lockdowrì.

She says schools should be more transparent with students, parents, and staffto help

them better understand the situation and not promote panic.

"\,Ve're going into a level r lockdown because they're serving a warrant in theneighborhood, so everyone can go, 'OK, I'm not going to die today, probably, but we'rejust not going to go outside for recess,"'she says.

Klinger says we should empower instead of intimidate.

Copyright 2018 Scripps Media, lnc. All rights reserved. This material may not be published, broadcast, rewritten, or redistr¡buted.

2t2


A¡¡eoenro Prrnolrum ConpoRelor MAtN (720) 929-6000

1099 18TH STREET, SUITE 18OO . DENVER, CoLoRADo 80202

Petrolêum

March 14,2019

I'UE-MAIL

Ty Robbins, Planner IICity of Thornton, City Development Dept.Thornton City Hall9500 Civic Center DriveThornton, CO 80229citydevelopment@citvoft hornton. net

NOTICE OF'MINERAL INTERESTS OWIYED BY ANADARKO LAIID CORP. ANI)OBJECTION

Re: NOTICE OF PUBLIC FIEARING-PLCSP201800758

Mr. Robbins:

This objection and notice letter is submitted to the City of Thornton ("City") on behalf ofAnadarko Land Corp. ("Anadarko Land") with respect to the Conceptual Site Plan for a proposedcommeroial and lodging development on approximatsly L2 acres of land generally located at thesouthwest corner of \I/. 88ú Avenue and Interstate 25 (Conifer Crossing) (located in portions ofSeotion 27, Township 2 South, Range 68 West, 6ü'p.M., Adams County, CO).

Anadarko Land owns mineral interests that underlie all or parts of the property located inSection 27 ("P ropefiy").

Anadarko Land wishes to give notice to the City of the mineral interests ttrey own under thePropeúy and make the City aware that the approval of a final application may signifioantly impact theprospective development and value of the minerals that underlie the Property. Anadarko Land objectsto the approval of a final application for development until agreements on surface use are reachedbetween Anadarko and the Applicant covering the Properly.

The following are comments in support of this Notice and Objection:

The Mineral Resources Owned by Anadarko Land Com.

Anadarko Land owns all of the hard rock minerals, including the coal, whioh underlies theProperty.

I


2. There is Clear Statutory Authority and Direction for the City to Take Into Account the Rightsof Mineral Interest Owners in Its Consideration of Applications for Development

The State of Colorado recognizes the important rights of mineral o\ryners and lessees inC.R.S. $ 30-28-133(10) which states and acknowledges that both the mineral estate and the surfaceestate are interests in land and that the two interests are "separate and distinct.,' The subsectionspecifioally recognizes that tho otilners of subsurface mineral lnterests and their lessees have ,,thesame rights and privileges as surface o.wners.,,

3. 9Iners 9{ Split Estaþs d to theRights ofthe Other.

Colorado law provides that the mineral o\ryner has the right ofreasonable access to and use ofthe surface estate to exhact minerals and that the mineral estate owner and the surfaoe estate ownerare to give due regard to the rights of the other and reasonably accommodate eaoh other,s rights.

4. Anadarko La4d. Has Entered into Many Agreements with Developers With Respect to theDisposition of the Minerals at the Time that the Developer Proposes to Devãlopïe SurfaoeEstate. and the Public Interest is Served by the Parties Entering into Such an Agrãement.

The mineral assets have significant value and oonsequently Anadarko Land is concerned thatthe approval by the City of an application for development of the Þroperty and the subsequent build-out of ttre Proper(y may impair their ability to develop their mineral interests.

Anadarko Land has extensive mineral interests throughout the State of Colorado and hassuccessfully worked with many parties who wish to develop the surface estate in order to assure thecompatible development ofthe surface estate and mineral estate.

The practice of Anadarko Land is to meet with surface owners to reach a mutually acceptableagreemen! including the disposition of the hard rook mineral interests. Because no agr"ement hasbeen reached between the parties that covers the Properly, and in order to proteot ãheir mineralinterests_ and private property rights, Anadarko Land objects to the application änd requests that theCity make any approval_of a fural application for development of the Property conditioned upon anagreement between Anadarko Land and the Applicant.

Please contact me at720-929-3215 if you have any questions or comments about this matter.Anadarko Land hopes to conclude a mutually acceptable agreement with the surface o\ilner of theproperfy, and we look fonvard to working with the City to accomplish its land use planning goals.

Sincerely,ANADARKO PETROLETJM CORPORATION

Matthew Hartford, Lead CounselJohn JordanTony CabralCaley Faulkner

cc:

M. Evers


Arunoenxo PETRoLEUM ConpoReno¡l MAtN (720) 929-6000

1099 18r" SrREEr, SU|TE 1800 . DENVER, CoLoRADo 80202

Petroleum Corporatlon

April1,2019

YUE-^UAL

Ty Robbins, Planner IICity of Thornton, City Development DeptThornton City Hall9500 Civic Center DriveThornton, CO 80229c itydeve lopmentlôc ityoft hornton. net

\ilITHDRA\ryAL OF OBJECTION

Re: NOTICE OF PUBLIC HEARING - PLCSP201800758

Mr. Robbins:

On behalf of Anadarko Land Corp. ("ALC"), please let this letter serve as a formalwithdrawal of ALC's Objection (dated March 14, 2019) in the above captioned case. ALC legalcounsel will communicate the withdrawal of objection to legal counsel representing the developer inthis matter, Should you have any questions, or wish to discuss this letter further, I can be reached at:720-929-3215.

SincerelyPETROLEUM CORPORATION

M. EversLandman

cc: Matthew Hartford, Lead CounselJohn JordanTony Cabral


PAGE 84 CASE NO: PLCSP201B0075B

POLARIS PL.

RD.

NIVER CREEK

^\iy

PROJECTLOCA

IEGÄL DESCRIPTION

PARCEL A:

I}IE SOUIHEAST U OF THE NOR'ITIEAST N OF THE NORTIIWESI N OF SECNON 27, TOWNSHIP 2 SOUTH, RANGE68 WEST OF ]I{E 6'fH PRINCIPAL MERIDIAN,EXCEPT I}IAT POR-NON CONIEYED TO T}IE CITY OF ]}IORNION BY WARRANTY DEED RECORDED OCTOBER 19,1978, IN BOOK 2285, AT PAGE 16, COUNIY OF ADAMS, STA]E OF COLORADO.

PARCEL B:

A TRACT OF LAND IN 'IHE SOUIH

'á OF ]HE NOR'IH Y2 OF 'fT1E NORI}IEAST

'4 OF SECTON 27, TOWISHIP 2

SOUTH, RANGE 68 WEST OF lHE 6III PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:BECINNINC AT THE NOR'IHV/EST CORNER OF IHE SOUTH }á OF 'I}IE NOR]H ]¿ OF THE NORI}IEAST N OFSECION 27; fiENCE SOUÌH E9'58' EAST, ALONo ]HE NORIH LINE OF SAID SOUTN ,5 OF ftlE NORIIi ]á 0FIHE NORTHEASÍ f OF SECTON 27, A DISTANCE OF 38,9 FEET TO ]HE WESI RIGHT-OF-WAY LINE OF IHEVALLEY HICHWAY AS NOW LOCAIED; THENCE SoUTH 09'26' EAST, ALONG SAID WEST R|CHÍ-OF-WAY, ADISIANCE OF 672,4 FEEÍ, MORE OR LESS, TO lHE SOUIH LINE OF SAID SOUl}i ]É OF 'IHE NOR]H l¿ OF ]HENoRTHEAST N oF sEcTroN 27;.I}IENCÊ

WEST, 148.8 FEEI, MORE OR LESS, ALONG SAID SOUÌI] LINE. TO THE SOU'INWEST CORNER OF SAIDSOUÌll á OF tHE NOR+I ,5 OF lHE NoRIHEAST 1( OF SECnoN 27; ÍHENCE NORlÌl 662.7 FEET TO fiE POINTOF BEGINNING,EXCEPT lHE SOU]H 30 FEET, CONVEYED TO ADAMS COUNTY FOR ROAD PURPOSES, IN OUIT CLAIM DEEDRECORDED SEPIEMBER 21, 1959, IN BOOK EO4, AT PAGE 97,COUNTY OF ADAMS, STATE OF COLORADO.

PARCEL C:

A PARCEL, DESCRIBEO IN BOOK 2285, AT PAGE 16, OF]HE ADAMS COUNTY CLERK AND RECORDER'S OFFICE,IN THE NORTHWEST ]¿ OF SEC"TION 27, TOW\SHIP 2 SOUIH, RANGE 68 VIESI OF II]E 6-TH PRINCIPAL MERIDIAN,MORE PARÍICULARLY DESCRIBED AS FOLLOWS:BEGINNING AT.IHE CENTER EAST NoRTHWEST I/64 coRNER (.THE SoUIHWEST coRNER oF THE SoUTHEAST.I{OF lHE NORI]IEAST 14 OF lHE NORIHWEST 14) OF SAID SECIION 27, ALSO BEING IHE SOU]HEAST CORNER OFLOT J2. BLOCK IO, NOR'IH STAR HILLS - FIRST FILING SUBDIVISION, RECORDED IN FILE 'II, AS MAP 55, IN IHEADAMS COUNTY CLERK AND RECORDER'S OFRCE; THENCE COINCIDENTWTH ]HE WESI LINE OF 'fHE SOU]HEASI f OF THE NOR1HEASI }¿ OF THE NOR'I}II¡/EST T AND THE EASTERLYLINE OF SAID NORTH STAR HILLS - FIRST FILINC SUBDIV]SION, NOR1H OO17',II" EASI A DISTANCE OF 2OO.OOFEET; 'IHENCE SOUTH Eg58'07" EAST, A DISTANCE OF 568.29 FEET; IHENCE SOUTH OO19'36" WEST, ADtslANcE oF 190.00 FEEI ÌHENCE SOUIH 8958'07" EASÌ, A DTSTANCE OF 9O.OO FEEÌ, TO THENORIH-SOUIH CENTERUNE OF SAID SECÎON 27; 'IHENCE CoINCIDENT WIH SAID NOR]H-SoUIH CENTERUNE,sourH 00'19'36" WEST, A D|STANCE 0F 10.00 FEET, TO THE CENTER NOR'IH 1/16 CORNER OF SA|D SECTON27 AND THE NORTHERLY LINE OF UL-TIMATE ELEC]RONICS SUBDIVISION FILING NO. 1, RECORDED IN FILE 17, ASMAP 376, lN IHE AoAMS COUNTY CLERK AND RECORDER'S OFFICE; IHENCE COTNCTDENT WIIH SA|DNORTH-SOU.TH CENTERLINE AND SAID NoRTHERLY LINE, SoUIH Oo.I9,J6" WEST, A DISTANCE oF 8o.oo FEEITHENCE COINCIDENT WIH SAID NOR]HERLY LINE, NORTH 8958'07' WEST, A DISTANCE OF 9O.OO FEEI; 'IHENCE

COINCIDENT WrH SAID NORIHERLY LINE, SOUÌï| 00'19'36" lVESl, A DISTANCE oF 13O.OO FEET: 1HENCEcolNclDENT wlH sAtD NORTHERLY L|NE, NORTH 89's8'07" WESÌ, A D|SIANCE OF 74.00 FEEI 1HENCECoINCIDENT WlH SAID NORIHERLY LINE, NoRTH 89'58'07" WESI, A DISIANCE OF 74.00 FEET; 1HENCECOINCIDENT W]}I SAID NOR'ÍHERLY LINE AND PARALLEL, AT A DISÎANCE OF 164.00 FEET, W]H SAIDNOR]H-SOUI}I CENIERLINE, NORT1J 00'19'36" EAST. A DISTANCE OF 21O.OO FEEI, TO THE SOUTN LINE OF lHENORÍHEAST g OF THE NORIIIWEST l4 OF SAID SECI|ON 27; IHENCE COINCIoENT WfU SAID NORIHERLY UNEAND SAID SOU'TH LINE, NORTH 89'56'07'' WEST, A DISTANCE OF 49415 FEEI, TO THE CEN]ER EASTNoRfHwEsT 1/64 coRNER AND IHE potNT oF BEG|NN|NG,COUNIY OF ADAMS, STA'IE OF COLORADO.

PUBLIC LAND DEDICATIONPUBLIC LAND DEDICATION (PLD) REOUIREMENTS FOR 'fHE DEVELOPMËNT WLL BE SATSFIED PER CITY CODE BYPROVIDING IMPROVEMENÎS IO IHE REGIONAL NIVER CREEK 'IRAIL. IRAIL IMPRO!€MENTS SHALL INCLUDEINSTALUNG AND REPLACING UGHTS AS SHOWN IN 'ITIE SUPPLEMENTAL TRAIL LIGHTNG PLAN AND SHALL INCLUDEO]}IER 'IRAIL AMENITIES AS SHOWN ON lHE CONIFER CROSSING CSP, SHEET 3, SUCH AS BENCHES, A IRASHRECEPTACLE, AND A PET WASIE STA-TION, IF 'I}IE COST OF THE 'IRAIL

IMPROVEMENTS IS LESS THAN 'THE TOTALAMOUNT OWED, lHE BALANCE SHALL BE MET BY A CASH_IN_UEU PAYMENT. THE PLD REQUIREMENÎS FOR THEENÏRETY OF lHE DEVELOPMENT WLL BE SATSFIED W'IH lHE HO1EL PROJECT, AND SPECIFIC TMINC AND DETAILSWLL BE DE'IERMINED THROUGH IHE DEVELOPER'S AGREEMENT,

GENERAL NOTES.IHE PURPOSE OF 'fHE SUMMARY IS TO PROVìDE DESIGN GUIDEUNES FOR WOODSPRING SUIIES. SPECIFIC

ARCHITECIURAL, SITE, SIGNACE, AND LANÐSCAPE DESIGN FOR THE SIÍE WILL BE APPROVED AI lHEDE\ELOPMENT PERMIT LEVEL,

THE DESIGN CHARACIER OF THE HOTEL S'IRUCTURE IS GUIDED ÎOWARDS SUBURBAN DESIGN. lHE BUILDING I'/ILLFEA'TURE A HEAVY TIMBER 'IRUSS DESIGN FOR 'IHE EN'IRY ]1]AT VIILL DEFINE IT AS IHE MAIN EN'TRY 10 'IHE

FACIUTY. IHAT COMBINED WI}I STONE CLADDED SUPPORT COLUMNS AT 'I}IE IRUSSED EN'IRY ELEMENT ASWELL AS TIIE STONE BASE SURROUNDING THE BUITDING PROVIDE AN ELEMENT OF ANCHORING FOR 'IHE

BUILDINC. 'I}IE BUILDING HAS INCORPORAIED VERÍICAL ANO HORTZONTAL ARÍICULATON. CABLED, H¡P AND SHEDIYPE ROOF DESIGNS OF VARYNG HEIGHTS AND OFFSETS IN fiE EX]ERIOR WALLS BREAK UP THE APPEARANCEOF SINCLE PLANE SURFACES. EXIERIOR WNDOWS AND DOORS ARE TRIMMED OUT WÌ}I COMPLIMENTNG ACCENTCOLORS TO OFFER DEP'IH AND IN'IERESÍ TO ]HESE AREAS. ]HE EXTERIOR FINISH ELEMENIS ARE PROPOSED TOBE A COMB¡NATON OF CEMENT EOARD SIDINC, CULTURED STONE AND AN ARCHIÍEC'IURAL CRADE ASPHALTSHINCLE ROOF. 'IHE EXTERIOR COLORS IVILL BE COMPLEM€NTARY TO 'IHE

SURROUNDING DEVELOPMENTS. ]HEHOIEL WltL FEATURE A COMBINATION OF SINGLE ANO DOUBLE QUEEN BED UNITS WIH KITCHENETfE COOKINGFACIU'IIES AND GUESI LAUNDRY FACIUÍIES. NO PUBLIC MEET¡NG ROOMS OR ACCESSORY AMENITES SUCH ASPOOLS, SPAS OR DINING FACIUTES WI'IH COMMERCIAL KIICHENS ARE OFFERED AT'TI]IS TME,

INTERNAL ROADS WLL BE DESIONED TO PROMO]E ]HE SAFE PASSAGE OF \EHIC|..ES AND PEDESIRIANS. ROADSAND DRI\E AISLES WLL BE DEFINED BY RAISED CURBS WÌ}I ADJACENÍ WALKWAYS OR LANDSCAPING. ALLINÍERNAL ROADS '/IILL BE CONS'IRUC'TED FROM ASPHALT. PRIVA]E DRIVEWAYS W]LL 8E ESTABLISHED TOCONNECf TO]HE PROPOSED ROAD.

THE SI'IE WLL ENHANCE IHE PEDESIRIAN EXPERIENCE W]H ÍRAILS, WALKWAYS, SIDEWALKS, ANO GREENSPACE. OPEN SPACES W]HIN 'IHE DEVELOPMENÎ WLL BE ENHANCED WIH AMENITES INCLUDINC BUT NOTLIMIIED IO LANDSCAPING OR BICYCLE RACKS. PEDES'IRIAN CIRCULATON PA1HWAYS IHROUGH PARKING FIELDSWLL BE CLEARLY IDENTFIED.

LANDSCAPING WILL ENHANCE IHE APPEARANCE OF THE SI'IE, WLL SCREEN UNDESIRABLE VIEWS, ANDCONIRIBU'IE TO ]}IE IMAGE AND APPEAL OF ftIE SURROUNDING COMMUNITY. LANDSCAPING SELECTION WLL BEAPPROPRIAÍE FOR LOCAL CLIMATE, NAIURAL HABITATS AND SOIL CONDITIONS IN AN EFFORT 10 BE ASUSTAINABLE, LANDSCAPING FEATURES WILL BE UTILIZED ALONG ROADS AND ON SITE TO FACILITAIEPLACE-MAKING. LANDSCAPING WLL INCLUDE A VARIETY OF PLANT SPECIES TO PROVIDE A MIXIURE OFHEIGHfS TO ESTABLISH DEPÍH AND PROVIOE COLOR ]HROUGHOUT THE YEAR.

PARKING STATLS THROUOHOUT THE SITE ARE 9'X18" MINIMUM MEDIANS ARE 9'WDE, WIH MINIMUM LANDSCAPEAREAS OF 6' WIDE. SIDEWALK WD'THS VARY FROM 5'-6' WDE. DRI\E AISLES ARE 24" UNLESS O'THERW]SENOTED,

PURE SIRIKE HAS BEEN INFORMED 'TIIAT CDOT MAY SEEK TO EXPAND I-25 INTO 'IHE SUBJECT PROPERTY INTHE FU-TURE, BECAUSE OF 1]IAT AN]ICIPAÎED PROJECT, AND AT ]]IORNTON'S REQUEST, PURE S]RIKE HASRESERVED A PORTON OF 'THE PROPERTY. DESIGNATED AS ÎRACT A, AS 'TRACT A 1.60 AC RESER\ED FORFUTURE ACOUISIÍION IHROUGH CONDEMNATION BY CDOT, R]D, OR THE CITY.' BY T}IIS CSP, PURE STRIKE ISNOf DEDICA-TING TRACT A, NOR ANY O'IHER PORTION OF THE CSP, TO CDOT, RID, OR THORNTON, AND PURES]RIKE RESERVES ALL CLAIMS fO JUST COMPENSAÌlON 11 MAY HAVE FOR ANY FUIURE IAKING OF TRACT A.

KimleyDHorn

CONCEPTUAL SITE PLANCONIFER CROSSING

A PORTION OF THE NORTH HALF OF SECTION 27, TO\^./NSHIP 2 SOUTH,RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,

CIry OF THORNTON, COUNTY OF ADAMS, STATE OF COLORADO

VICINITY MAP1:600 SCALE

PROJECT INFORMATIONZONING: BP (BUSINESS PARK)JURISDICTION: CITY oF IHORNTON, COUNTY OF ADAMS, STAIE oF COLORADO

LAND USETASTE

CURRENÌ ZONING (ALL LOTS/TRACTS) BUSINESS PARK IBPI & REGIONAT COMMERCIAT IRC)

PROPERTY INFORMAÍION SQ. FT. ACRES

GROSS AREA OF PROPERTY 511,338 1t-.74

BUil-DrNG TNFORMA.IION (r-OT 1)

GROSS FTOORAREA ISFI 48,100

HOTEL ROOMS t22N/AXIMUM BUILDING HEIGHT t20'-d'N/AXIMUM BUILDING HEIGHT FOR ARCHITECIURAL ELEMÊNÎS 120'-O'

N¡AXIMUM BUILDING HEIGHI PROVIDEO {ARCHITECTURAL ELEMENTS) 46'-o'N¡INIMUIV BUILDING SETBACKS

SETEACK TO PROPERTY TINE {EAST AND WEST) 25'-o.'

SETBACK TO PROPERTY TINE II NTERNATI o'-o'oR 15'-o

PARI(NG INFORMATION II.OT 1I

M¡NIMUM REOUIRED PARKING STAttS f1 SPACF/ROOMI 1))REOUIRED ACCESSIBIÉ PARKING STAI I S 5

PROVIDED ACCESSISLE PARKING 5IALLs 5

rOTAL PROVIDED PARKING 5TALts 723

IOTAND IRACT INFORMATION SQ. FT ACRES

OT 1- HOTEL 101.098 2.32

-OT2 - TBD 108.408 2.49

-OT3. TBD 1)6î1R 79qTRACfA- TUTURE COOT ROW 69,422 1.60

f RACT B - NIVER CREËK/FTOODPTAIN 105.991 2.43

ÍOTATAREA s11 338 17 74

NUMBER OF LOTS 3

!UMBER OF TRACTS 2

NUMBER OF BUITDABTE tOfS 3

LANDSCAPE AREA ITOT 1ì INFORMÂTON sQ. ¡r. ACRES

REQUIRED {2EI) 20.220 0.46

PROVIDED (22%) 22.745 o.52

PUSTIC TAND DEDICATON INFORMATION (REQUIRED} S(L FT AMOUNT OWED

LOT1 HOTEL 8.O88 s24.2&LOT2. TBD a 673 S25 o1g

LOI3 TBD 10,081 s30,243TRACTA FUTURECDOTROW N/ATRACÌ B - N IVÉR CREEK/TLOODPtAIN

SHEET INDEX

BASIS OF BEARINGSf}iE WEST UNE OF ]HE NORIHEAST QUARTER OF SECTION 27, TO"IiI\SHIP 2 SOU]H. RANGE 68r¡t/EST OF lHE 6lH PRINOIPAL MERIDIAN. BEING MoNUMENIED AS SHOW\ HEREON AND ASSUMED TOBEAR NOR]H OO'OO'3J'' WEST.

BENCHMARKA CHISELED,,d'ON]HE TOP OF CURB ON IHE SOU1H SIDE OF WEST 96IH AVE.APPROXIMAIELY 33 FEET SOUTH OF lHE CEN'IER LINE OF WEST 96TH AVE. AND APPROXIMATELY41.0 FEET EAST oF nIE CEN.IER LINE oF +IE EN]RANCE To "RED'¡iooD ESTATES, ANDAPPROXIMA'IELY 1,320 FEET V'/ESI OF PECOS ST.

ELEVAI1oN = 5406.40' (NAVD88)

FLOOD ZONE DESIGNÄTIONBASED ON A GRAPHICAL REPRESENÍATON OF 'fHE FEDERAL EMERGENCY MANAGEMENT AGENCY(F€MA) FLOOD TNSURANCE RAIE MAP (F|RM) MAP NO. 08001C060rH WtlH A REVISED DATE 0FMARCH 5, 2007, THE SUBJECT PROPERTY LIES WIHIN ZONE X, AREAS DEÍERMINED IO BE OUTSIDEoF 'rHE 0.22 ANNUAL cHANcE (soo-yEAR) FLooDpLATN AND zoNE A - No BASE FLooDELEVATIONS DE'IERMINED, AREAS DE]ERMINED TO BE INSIDE THE 12 ANNUAL CHANCE (IOO_YEAR)FLOODPLAIN.

pEVEtOPER/oTNERPURE SÏRIKË DEVELOPMENT5809 OLD COLLEGE ROAD, SUIÍE 3OOBRYAN, TX 77EO1PHONE: S79.595.6716CONTACT: PEÍE KRAMER

CTVIL ENGINEERKIMLEY-HORN AND ASSOCIATES, INC.

4582 SOUIH ULSIER SIREET, SUITE 15OODENVER, CO 80237PHONE: 303.228.2307ooNTACT: ER|N GRTFF|N, PE, CPESC, CoPE #42694

I,ANDSCAPE Ä,RCHITECTKIMLEY-HORN AND ASSOCIA'IES, INC.

45E2 SOUIH ULS]ER S]REET, SUITE 'I5OO

DENVER, CO 80237PHONE: 303.228.2300CONTACI: CHRIS HlcE, PLA

SURVEYORAZIEC CONSULTANTS, INC.3OO EAST MINERAL AVE., STE 1

UTÏLETON, CO E0122PHoNET 303.713.1898CONTACT: JIM LYNCH, PLS

ARCHITECTI.J< ARCHIÍECTURE345 RIVERVIEU SUIÎE 2OOwcHtTA, KS 67203PHONE: 31 6.268.0230CONTACT: LARRY WEBB, AIA

SITE-SPECIFIC NOTESACCESS TO POLARIS PLACE SHALL BE USED AS EMERGENCY ACCESSONLY. AN EMERGENCY ACCESS GAIE MEETNG RRE DEPARIIIIENTREQUIREMENTS WLL BE INSTALITD AT CONNECTION WIH POLARIS PLACE.

LIGHTNG MEEÎNG CITY CODE SHALL BE PROVIDED 'IHROUGHOUT 'IHE SITE

AND WILL 8E APPROVED AT THE DEVELOPMENT PERMIT LEVEL.

A 6-FOOT HIGH WOODEN PRIVACY FENCE ALONC 'IIIE WES]ERN PROPERTYUNE WLL BE INSTALLED WTH 'IHIS PROJECT.

COVERSHEET

OCTOBER

SHEET10F616, 2018


PAGE 85CASE N0: PLCSP201B0075B

=Hõ

l5=

o

CONCEPTUAL SITE PLANGONIFER CROSSING

A PORTION OF THE NORTH HALF OF SECTION 27, TOWNSHIP 2 SOUTH,RANGE 68 WËST OF THE SIXTH PRINCIPAL MERIDIAN,

CITY OF THORNTON, COUNW OF ADAMS, STATE OF COLORADO

BLOCK 1 LE GE]VDZ0NING: SINGLE

FAMILY ATTACHEDUSE: RTD

PARKING LOT

NORTH STAR HlLLSECOND FIL/NG

lt MAP n2NORTH 1/4 COR., SECflON 27,T2S, R68W 6TH P.M.CALCULAIED POSIION

OWNER:STA'IE DEPARTMENT

oË

-

0-Þov@øffiËø

-

on[L-

')s#*@

SANITARY MANHOLE

SANITARY MKR POSÏRIPRAPSTORM LINE UNDERGROUND

STORM FES

STORM MANHOLE

WATER FIRE HYDRANTWATER LINE UNDERGROUND

WATER MANHOLE

WATER METER

WAIER VALVE

ELEC'TRIC METER

ELECTRIC POLE

ELECTRIC UNDERGROUND

ELECTRIC OVERHEAD

GUY WRE

LIGHT POLE

ÏELEPHONE PEDESTAL

VENT PIPE

EX CONT_MJREX CONT_MNRTREE CONIFER

TREE DECIDUOUS

TREELINE

FENCE POST

FENCE

WOOD POST

SIDEWALK

EDGE ASPHALTEDGE CONCRETE

EDGE ROAD

TRAIL

CURB tIP OF GUTTER

CURB ÏOP BACKFLOWLINE

CURB TOP FACE

BOLLARD

SIGN

BRIDGE DECKHANDRAIL

WALL

WALL FINISH GRADE

GRADE BREAK

TOE OF SLOPE

TOP OF SLOPE

CENTERLINE

CONCRTTE

OF HIGHWAYSREC NO.

2011000042682WESÍERLY L|NE, NE 1/4 OF SEC. 27

(BASIS oF BEARING)

(BASIS OF

PROPERTYLINE

BLOCK 4NORTH STAR HILLS_

SECOND FlLlNGFILE II MAP 112

38.9'(rc)

CEN TER \

LINE \

LOT 7 LOT 6 LOr 5\

PROPERÏYLINE \

\

LOr 4 *cOWNER: VARIOUS OWNERS

ZONING: SINGLE FAMILYATTACHED

\

(nrã

\

\PvlìDE

v.,\\\

SOUTHIs 1/2,\

(50

\

\

RLY LINE,\N 1/2,

ASPHALT PAVEMTNI

NE 1/4\0F SEc.1 27

\

\\

GRAVEL R0AD/nA|L

BLOCK lONORTH STAR

H/LLS_FlRST FILINGFILE 11 MAP 55

. ZONING BOUNDARY LINE

PROPERTYLINE

LOT 18BLOCK 1

UL TlAlA TE ELEC TRON|CS SUBD/ VlSlONF/L/NG NO. /, AMENDMENT NO. 2

FlLE 25 MAP 36

OWNER: 321 W 84TH AVE LLCC/O ANN C DIDDLEBOCK CFO

REC N0. 15000022900

St

\\

GRAPHIC SCALE IN FEET

cENtER 1/4 COR., SEC1ON 27T2S, R68W 67H P.M.

FOUND 16 REBAR VJ_I/4'' ALUMINUM CAP

STAMPED "LS 24965"

1

ZONING: REGIONAL COMMERCIALUSE: COMMERCIAL WAREHOU

EXtrSTTI\G CO}üDITTOi\S SIJRVEY

o.f#å'J å, gä'3

OWNER:STATE DEPARTMENI

OF HIGHWAYSREC NO.

20110000426A2

BLOCK 4

T.2S., R.68U, SIXTH P.M.

NORTH STAR HILLS_SECOND FlLlNGFlLE 1I MAP 112

NW 1/4 StC. 27,

/

LOT J

LUI Z

SEWER &ÏEMPORARY CONS'IRUCTON

EASËMENT

o

PARCEL CREC.* 200601 O90O002J720

3.t5 AC

aZONING: BUSINESS PARK

USE: VACANT LAND

PARCEL AREC. f 200601 O9OO002J720

7.38 AC

CREEK5225 \

sNì

Nq8rÈe\)>rqB\v5*qñ

-HLOT LOrJO

LOT /

LOT LOT

PROPERTYLINE

Kiml DHorn

(Rc)SE


PAGE 86 CASE NO: PLCSP20180075B

CONCEPTUAL SITE PLANCONIFER CROSSING LEGEND

BREAKLINE FORtN tERSECÌìONDETAIL

A PORTION OF THE NORTH HALF OF SECTION 27, TO\\NSHIP 2 SOUTHRANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,

CITY OF THORNTON, COUNTY OF ADAMS, STATE OF COLORADO

PROPO$D PROPERTY UNES

Ð{SNNG PROPERIY UNES

PROPOSED EASEilEÑT UNES

EXSNNG EÂSEMENT UNES

ZOI{ING BOUNOARY UNE

PROPOSED LANDSCÁPE AREÁS

PROPOSED COI¡CREIE SIOEWAI..K, 6' VllDE UNT-ESS OIHRYúSE NO-IED

PROPOSED N.IIUNE 8tJIII)ING

FLOOOPLAIN UT4ITS

PARKINC STAl.r COUNI

\GIERAN PARI{ING STAIT

UgT POE

ffiEX. CHAIN UNK FENCÊTO BE REPLACED I{Ifi6'CHAIN UNK FENCE.

SIGNAGE DISPLAYNGHOURS OF OPERAIION,

RULES OF CONDUCT,AND CONSEQUENCESFOR NOI FOLLOVIING

CONDUCT TO BEADDED ALONG FENCE.

STOPRlD

OWNER: STA'IE DEPAR'TIV|ENT OFHIGHWAYS

ZONING: SINGLE FAMILY ATTACHEDUSE: RTD PARKING LOT

CONNECIIONR'ID PARKING LOT

EXIS'NNG LICHT POI""ES u

uGlll PoLE v sEcuRtTY

x:* ALONG SCRE€NWALLFOOIER

UNE

@o?

::

N

,P qr>+ qHP'oð< bi..D Øu .:Jd-ôõ*3

of

EX. SIGNS,TO BE REMOVED

OVTNER: JOSECRUZRODRIGUEZ UOHT PON-E

&lEMPORARY CONS]RUCTON

EASEMENTNO. C1242879

OW\|ER: JOHN &JUANITA SOPER

PROPERTY LINE

EX. CHAIN LINK FENCETO BE REPLACED W'IH 6' HIGH

WOODEN PRIVACY FENCE

ooØG

PROP. NIVERIRAIL

REMO\E AND REPLACE EX. UGHI

SIC1JRIÎY CAMERA

CEN'IERUNE

TI

I

t

dzÌØtsdti _ÀYqd<

=qoo

rI

I

1

ACCESS ESMT

ESMI

STOP SIGN

ACCESS

lìr r

BENCHAND

PICNIC TABLE

STOP SIGN

FUI.L ACCESS

6'}iIDE SIDEWALK

6.5, WOE TREE LAW¡I

ucHT POLE (TVe.)

PROP. NIVER CREEK.IRAIL CONNECÏ|ONS

NIVER CREEK 1RAIL

CAMERAS

.IRASH RECEPTACLE,

STA1'lON

Pa-E w/

CAMERAS (TYP.) ZONING: BUSINESS PARK (BP)USE: HO'IEL

LOl 22.49 AC

ZONING: BUSINESS PARKUSE: TBD

LOT 32.89 AC

ZONING: BUSINESS PARKUSE: TBD

APPROXIMA'IEOF

LOCATONDEIENTON

13'X1+'ÌRASH€NCLOSURE

FU'TURE PROPOSEDCDOT ROIV UNE

ACOUISIÎON 1HROUCHCONDEMNATION BY CDOT,

R]Ð, OR 'I}IE OTYI

POLE (rYP.)

EX. WOOD FENCE

LINE

BENCH

lRASti R€C€PtACtr

P€T WÂSIE STA'ÍION

PIO{IC TABI.TPROPERTY LINE

t ÀÑDscAPE

s;ßÀcK tr

FENCEBARBED\

ViIRE\

o\á\4l'ì\'' I.,4 I

9r- \

âz*2 t:r Íl \-ú-O \tàtg"a \

iu1',Ëge, \tl

^ftt

GENERAL NOTESI. ALT ADA RAMPS SHAI.L HAW MUNCAED OilS IN ACCMDANCE $IIH APPUCAAI.E qW

STÁNDARDS.

2. AI.I IRRIGAIED LANDSCÂPE AREAS SHAI.L HA\€ A MINIMUM IÌIDTH oF 5.5'.3. ATI STANDARD PARKING STAtl-S ARE 9'X18" AII DRIVE ÄSTTS ARE 26' TüDE UNI-ESS

OTHER$SE INDICÀIEO. STANDARD ADA STAI.I-S ARE 9'trIDE WI'IH 5'VüDE ACCESS AISI..ES, ÂNDVN ADA STAIIS ARE II.f{OE HIH 5'WOE AæES ASE

{. BICrcLE PARKING TO BE PROVDED AND DETAM DURING MOPilENI PERHIT,5. FIRE-IÂNE-NO PARKING SIGT'IS ITILL BE PROMDÐ AS REQUIRÐ 8Y IHE COT RRE DEPAR'II4EI{I.6. BENCI{ LOCAIIONS ARE CONCEPIUAL AND IIITI- BE NNAUZED $'IH IHE ÐEIELOPMENI PMMIT.

6'X 6'W000

IÞÊUOÜu<=Øtõak-ü!>d'tJ

ã==!? u14ddqg=n6

Y L'J

ü=3=No

CEDAR DOO-EARED FENCING,6'-0'' HIGH. PROOUCT TO BEAPPROIED BY ARCHI'ÍECT

TO BE INSTALLED PERMANUFACIURER'S

RECOMMENDAIIONS

o

\

\REMOVE REPLACE EX, UGHT

EX. SIGNS, TOBE REMO\ED

\

porAfl#cEEX.

PROPOSED EMERGENCYACCESS GAlË

;Zf;/Ex. wooD FENCE,

YÆ TO BE REMOVED

POITER POLEBENCH

¡dN

eBZJE><

>=Þü<9'a!oa2

itsz

VIOOD FENCE

II

I

FÉoo ì.,>-- WOOD PRIVACY FENCE

N.T.S.


_L=

NIVER CREEK

PROPERTYLINE

OWNER: J21 W 84TH AVE LLCc/o ANN C DTDDLEBOCK CFO

ZONING: REGIONAL COMMERCIAL (RC)USE: COMMERCIAL WAREHOUSE

ÏRACÏ B2.43 AC

ZONING: BUSINESS PARKUSE: FLOODPLAIN

CONCEPTUAL SITE PLANSHEET 3 OF 6

OCTOBER 16,2018KimleyDHorn

LIGHTNC (TYP.)

WOODSPRING SUITESLOT 1

2.32 AC

88ÏH A

ôttULz.o()

NORTH

4

kts:?F

5;l;>i=ä

o'

COUNCIL COMMUNICATIONPAGE 87 CASE NO: PICSP201B00758

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2

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il=15;+á*:5i>¿v!

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?A PORTION OF THE NORTH HALF OF SECTION 27, TOWNSHIP 2 SOUTH,

RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,CITY OF THORNTON, COUNTY OF ADAMS, STATE OF COLORADO

BENCH

SEED TO LIMITSOF DISTURBANCE

PROPERW

13'X14 'IRASH

ENCLOSURE

25.O

DECIDUOUS TREES

EVERGREEN TREE

ORNAMENTAL TREE

SCREENING SHRUB

SHRUB AREA

TURF

NATIVE SÉEO

LINE

CONCEPT PLANT SCHEDULEePROPERTYLINE o

.*"12-'+

Ðo

W¡---::-=;-tt-lf,-I ". 1 |

SETBACKlrSEED TO LIMITSOF DISTURBANCE

RJTURE PROPOSEDCDOT ROW LINÊ

zq

É

TRACT AI \

i.oo rc \\

LOT 22.49 AC

ZONING: BUSINESS PARKUSE: ]BD

SEED TO LIMITS OF DISTUREANCE

RESERVED FOR FUTUREACQUISITION THROUGH

CONDEMNATION BY CDOT,RTD, OR THE CITY

::

\\LEGEND

PROP. NIVER CREEK1RAIL CONNECTONS

PROFOSEO PROPERÎY UNES

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A PORTION OF THE NORTH HALF OF SECTION 27, TOWNSHIP 2 SOUTH,

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COUNCIL COMMUNICATIONPAGE 89 CASE NO: PLCSPZO1700936

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CONIFER CROSSINGA PORTION OF THE NORTH HALF OF SECTION 27, TOWNSHIP 2 SOUTH,

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This submission seeks approval of a Conceptual Site Plan (CSP) for Conifer Crossing, aproposed commercial and hotel development located just south of West 88th Avenue, off ofConifer Street, and west of Interstate 25. The site includes just under 12 acres of vacant landlocated south of RTD's Park 'n Ride off of 88th Avenue. The property is and has been zonedBusiness Park (BP) since 1993.

Pure Strike is currently under contract to purchase the subject site and intends to subdivide theparcel into three lots and two tracts as depicted on Sheet 3 of the attached CSP. The currentapplication for CSP approval is limited to the design for Lot 1. Lots 2 and 3 are not part of thisCSP design submittal and will be subject to separate design review through a CSP amendment atsome point in the future when those lots are developed.

Pure Strike has been informed that CDOT may seek to expand I-25 into the subject property inthe future. Because of that anticipated project, and at Thornton's request, Pure Strike hasreserved a portion of the property, designated as Tract A, as potential "Future CDOT/RTDROW." By this CSP, Pure Strike is not dedicating Tract A, nor any other portion of the CSP, toCDOT, RTD, or Thornton, and Pure Strike reserves all claims to just compensation it may havefor any future taking of Tract A. Tract B will not be developed because it is in a floodplain.

As depicted on Sheet 3, Pure Strike plans to build a WoodSpring Suites hotel with about 122rooms on Lot 1. Hotels are a use by right in Thornton's BP zoned districts.

Thomton's code outlines the specific criteria that the City Council should consider whenevaluating a conceptual site plan's design: (1) whether the proposed project is consistent with theComprehensive Plan and Chapter 18 of the City Code; (2) whether the proposed project isconsistent with the curent zoning on the property; (3) whether the plan is in compliance withapplicable useo development, and design standards set forth in the City's code; (4) whether thereare adequate facilities and services to serve the development at the time of construction; and(5) whether the proposed improvements are compatible with the surrounding area, includingscreening and buffering to minimize impacts to adjacent uses.

Pure Strike submitted an earlier CSP to the City Council on March 20,2018. Atthattime, theCity Council expressed a need for additional information from Pure Strike relating to certaindesign elements of the CSP, specifically buffering and security measures for the site. Pure Strikehas since then made, among others, the following changes to the CSp:

. Upgraded lighting along the regional trail on the west side of the property;o Added lighting and exterior cameras included within the woodspring site;o Added note to the security plans regarding interior cameras at the WoodSpring site and

locking doors with card key access only;o Shifted parking east to provide a larger landscape buffer between the western access and

the WoodSpring building;


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o Added picnic table, bench, and pet waste station (per detail provided by Parks andRecreation Department) in larger landscape area west of the WoodSpring building;

o Added several benches, trash receptacle, and pet waste station along regional trail þerdetail provided by Parks and Recreation Department);

o Added more trees along the trail;o Added site specific notes to cover sheet clarifying emergency access only to Polaris,

providing detail on neighborhood fences, and describing the lighting levels within the lot;o Added striping at intersection based on traffic study; ando Removed sidewalk access from building rear to FasTracks lot based on City Council's

concerns about RTD patrons utilizing'WoodSpring parking.

Based on these changes, the now revised design elements in the CSP more than meet all of theCSP criteria:

(1) The CSP ís not only consistent wìth Thornton's Comprehensíve Plan, but alsoøffirmatively advances the Plan's goøls and policíes in møny ways.

Section 2 - Setting

According to the City of Thornton, an increasingly important aspect of the Comprehensive Planis its goal to maximize new business and residential opportunities in currently underutilizedareas. ,See Section 2.3. As a site that has lain dormant for the last 45 years since it was annexedinto the City of Thomton in November of 1973, Conifer Crossing is exactly the type ofdevelopment the Comprehensive Plan seeks to promote.

In its section titled "Key Trends & Issues/ Key Trends & Concerns for Future DevelopmentAreas," Section 2.3 of the Comprehensive Plan acknowledges that the City needs to dedicate keylands for employment uses so that it can provide good employment for its citizens and a healthytax base for the City. The City goes on to point out that development along the I-25 corridor isparticularly crucial to that goal:

Thornton lags behind peer cities and the Denver region as a whole in the ratio ofjobs to housing. More importantly, the lack of opportunity for residents to fîndsecure, well-paying jobs that offer decent benefits in Thornton is a concern. tKeyopportunitíes exíst in future development ureøs with excellent regìonal híghwøyuccess if these areas are properly plønned ønd dedícøted to long-termemployment uses, This would require resisting the demand for constructingresidential uses in these areas in the short-term.

Section 2.3.4 (emphasis supplied).

The proposed Conifer Crossing, located immediately adjacent to I-25, provides exactly theopportunity Thomton is looking for in its Comprehensive Plan. The development of theWoodSpring hotel will convert what is currently vacant land in the I-25 corridor to a site that canoffer immediate, well-paying jobs that offer decent benefits and increased tax revenue for theCity of Thornton.


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Beyond the WoodSpring hotel, the remainder of the almost l2-acre site will be primed fordevelopment with shovel-ready parcels that have immediate access to utilities, street access, andoffsite detention. This will drive future businesses to the South Thomton Re-Development areaand put otherwise dormant land immediately adjacent to I-25 to productive and tax-producinguse.

Section 3 - Future Land Use

Even more recently than Thornton's 2012 Comprehensive Plan, the City has prepared andapproved a "Future Land Use Map" to guide the City's preferences for land uses within theCity's boundaries. That Map, updated September 19,2017, designates the Conifer Crossing siteas an "Employment Center" use, which encourages hotels like the one proposed here to belocated at that site. ,See Future Land Use Categories ("Employment Center'o defined to include"support retail uses such as hotels . . . .").

Beyond that, the City has specifically designated the area south of Thornton Parkway and withinthe I-25 comidor as a prime location for exactly the type of hotel anticipated by this CSP.Specifically, the October 25,2016 Thomton Health District Conceptual Planning and FeasibilityStudy states:

The locøl market appears to indícate ìnterest ín hotel development ín the vícínítyof the Thornton Parkway and I-25 ørea, for a variety of reasons:

o The properties on either side of I-25, to the south of ThomtonParkway, enjoy good visibility from the interstate, as well as goodviews of Downtown Denver and the broader metro area.

The growth in the Denver metro area is increasingly pointing to thenortho along the I-25 corridor, as areas to the south and west withinthe heart of the metro area are largely "built out".

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a The south Thornton area benefits from access to the I-25 corridor,connecting from Denver north to the Fort Collins area, and at thesame time enjoys easy access (during non-peak travel times) toDowntown Denver.

The area around North Suburban Medical Center could support amid-level hotel property that would offer more affordable ratesthan typical rates in the Downtown Denver submarket, withinrelatively easy driving distance of Downtown.

In additíon, development of u hotel ín the vìcíníty of the I-25 ønd ThorntonParkwøy ørea would beneftt from proxímity to visitøtìon øssocíated wíth theNorth Suburban Medícal Center. A hotel ín this area would províde eøsy access

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for families vísitìng reløtíves staying øt North Suburbøn or receíving treatmentfrom the varíous medical proþssionuls wíth offices in the general vícìnity.

Conifer Crossing is less than a 5 minute, 1.5 mile drive from the North Suburban MedicalCenter. Many of WoodSpring's guests are traveling nurses, contract health staff, and friends andfamily of patients. Indeed, the WoodSpring franchise has national accounts with more than 30medical staffing companies, including those serving travelling nurses and other medical staff.

With respect to this particular hotel, the franchisee purchasing this site operates otherWoodSpring Suites hotels in the Denver metropolitan area. Their hotels compete with mid-levelhotel properties for guests and provide services consistent with Thornton's desires as expressedin the Thornton Health District Conceptual Planning and Feasibility Study. The particularfranchisee seeking to develop here has received numerous distinctions within the WoodSpringbrand, scoring in the top ten percent of the brand nationally on Quality Assessment Reviews andonline guest surveys and reviews.

Accordingly, the proposed WoodSpring Suites hotel is exactly the type of quality, reasonablypriced, extended stay option that could serve patients, families, and medical professionalsassociated with the North Suburban Medical Center.

Section 5 - Quality and Diverse Neighborhoods

As part of the City's core plan goal of fostering quality and diverse neighborhoods, it hasadopted a strategy of promoting neighborhood retail-commercial revitalization, redevelopment,and new development. Section 5.5 of the "Comprehensive Plan" explains the role that newdevelopment of commercial property should play in the revitalization of south Thornton inparticular:

In the southem part of Thornton, there is an over-supply of retail space in relationto the cument and projected market demand. This contributes to decline in thequality and economic viability of existing shopping centers which in tumnegatively impacts neighborhood stability. Attacking this issue requires a two-pronged approach. First, identify the market demand and the appropriate amountand mix of uses. Second, facilitate appropriate changes in the commercialenvironment that result in the attraction of appropriate tenants, reduction of vacantspace, and adjustment of land use.

Section 5.5. As recognized by Thornton in its Health District Conceptual Planning andFeasibility Study, there is market demand for a quality extended stay hotel at Conifer Crossing.The proposed WoodSpring Suites will be a new development on land that has sat vacant since itwas annexed into the City 45 years ago. Converting this vacant parcel into a commercialproperty that can service the nearby North Suburban Medical Center will enhance theneighborhood's pride and identity as part of the medical district in Thornton.


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Section 6 - Plentiful Quality Jobs

Another of Thornton's core plan goals is to generate plentiful, quality jobs for its residents. Oneof Thornton's major strategies on this front is to preserve its retail sales base:

It is important for Thomton to provide for retail development in keeping with thesize of the market because it is the primary source of revenue for the City, as isthe case with most cities in Colorado. Sales and use taxes are projected to rise toover $66 million annually for Thornton by the end of 2012 and account forapproximately 56%o of the General Fund budget.

Thus, maintaining and expanding the retail sector is critically important toThornton's fiscal health. Retail activity also provides jobs for people throughoutthe area, and provides a "hometown" and convenient source of goods and servicesto Thornton residents. Assuring adequately zoned commercial land in advance ofresidential development to avoid rezoning disputes is a key element.

Section 6.2. Accordingly, Thornton has a policy of "promot[ing] the development andmaintenance of healthy, sustainable, and viable commercial centers." Policy 6.2.1.

The development of the WoodSpring hotel will offer immediate, well-paying jobs that offerdecent benefits and increased tax revenue for the City of Thomton. Within its first year ofoperation, the WoodSpring hotel is projected to staff four full-time employees with benefits andsix to eight part-time employees. In addition, the operation of the WoodSpring hotel willgenerate valuable lodging tax for the City. Indeed, sales tax for the City is only 3.75 percent,whereas the lodging tax is 7.0 percent.

Beyond the WoodSpring hotel, the remainder of the almost 12 acre site will be primed fordevelopment with shovel-ready parcels that have immediate access to utilities, street access, andoffsite detention. This will drive future businesses to the South Thornton Re-Development areaand put otherwise dormant land immediately adjacent to I-25 to productive and tax-producinguse. The businesses that grow on these parcels will also provide quality jobs to Thorntonresidents.

Another of Thornton's major strategies is to accommodate mixed use, transit-orienteddevelopment. o'The FasTracks line through Thornton will provide an opportunity to attractemployers who seek a unique mixed use environment and transit access to other metropolitanemployment centers.o' Section 6.4. Thus, Thornton has established a policy of "allowfing] formixed use development to occur at transit stops." Policy 6.4.1. The mix of extended staylodging and other businesses at Conifer Crossing, which is located adjacent to a Park 'n Ride lotand FasTracks station, will help the City implement this strategy.

Section 7 - Healthy City with Great Amenities

One of the City's other core plan goals is to be a healthy city with great amenities. The 2012City of Thornton Comprehensive Plan explains, "The quality of the overall public environment -


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both the public realm elements (including streets and parks) as well as iconic landmarks (such asinstitutional facilities and major employment or entertainment centers) make a city livable and,more importantly, memorable." Section 7.1. Furthermore, "[a] city's built environment canencourage community members to live a healthy lifestyle," and "[a] healthy lifestyle is easier inan environment where there is plenty of opportunity for exercise and physical activity . . . .'o Id.In addition, the Comprehensive Plan identifies a trail system as one of the "important ways inwhich the City can create a'sense of place."' Section 7.2.

The plan for Conifer Crossing includes green space with a pedestrian path, benches, lighting, andother improvements that can be used by residents of nearby neighborhoods. These amenitieswill promote healthy living and help create a 'sense of place' for the local community.

(2) The proposed project is consístent with the current zon¡ng on the property.

Lots l-3, Tract A, and the large majority of Tract B of Conifer Crossing is all curuently zonedBusiness Park (BP). A small portion of Tract B, which will not be developed because it is in afloodplain, is cunently zoned Regional Commercial (RC). The CSP being submitted for Lot Ianticipates a hotel on that site. Under Thornton's City Code, for property zoned BP, a hotel is apermitted use by right. A hotel is also a permitted use by right in the RC zoningdistrict.

(3) The CSP ís ín complíance wíth all øpplícable use, development, and desígn standards setforth ín the City Code.

As confirmed by Thornton city staff, Conifer Crossing's design meets or exceeds all of therequirements set forth in Chapter 18 of the City's Code as well as all applicable Thornton use,development, and design standards, including all setback, floodplain, landscaping, off-streetparking, and other design requirements. Indeed, Pure Strike has gone above and beyond thesestandards by meeting multiple times with representatives from the Thomton Police Departmentabout additional security measures it can implement to address neighbors' concerns raised duringthe prior hearing on the Conifer Crossing CSP.

As a result of these meetings, Pure Strike has submitted lighting and security camera plans to thepolice department for comment and approval and has offered to send its employees to additionalsecurity training with the police department. Pure Strike now plans to include 17 exterior and |2interior security cameras at the WoodSpring hotel. Seven of the exterior cameras areconcentrated on the west side of the hotel near its residential neighbors. Pure Strike has alsoadded a camera near the Conifer entrance to monitor traffîc that is entering and exiting theproperty. Two staff members-a property attendant and a safety attendant-will live on-site atthe property. The hotel will be staffed 2417, and there will always be at least one staff memberwho has access to the security camera monitors. Ownership also has remote access to themonitors.

Pure Strike has had 4 calls with Matt Schaefer, Planning Manager of the Adams 12 SchoolDistrict, relating to the nearby North Star Elementary and their concerns. Pure Strike has offeredto replace the existing chain link fence on the eastern edge of the district's property with a 6-foottall wood privacy fence. The district was not able to reach a consensus about the proposed


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privacy fence and has planned to have an expert review the proposed site plan for any possiblemodifications. Pure Strike and the district will resume working with each other after the reviewis finished.

(4) Adequøte facílitÍes and servíces exist or ure plønned by the project to serve thedevelopment.

Conifer Crossing has access to all of the requisite services and facilities it needs to develop thesite consistent with the CSP.

The development currently has access to adequate water and sewer services for the full site.Pure Strike will take responsibility for extending all necessary water and sewer lines within thesite and will comply with all City requirements associated with doing so.

The CSP also takes into consideration drainage and water detention, all of which have beenreviewed and approved by Thornton's Department of Development Engineering. There is astorm water detention facility included in the CSP that is located on the southeast corner of thesite and that will serve the current CSP for Lot I as well as any future development on Lots 2 andJ.

The development will utilize one point of access on Conifer Road at the northwest corner of theproperty. According to the preliminary traffic impact study, which has been reviewed andapproved by the City's Department of Development Engineering, the existing roadwayinfrastructure is adequate to serve the development, including any future commercial uses onLots 2 and 3.

Polaris Place, a road that runs through the North Star Hills subdivision to the west, will beavailable only for emergency access, and will not be open to the public. A locked emergencyaccess gate will be installed at the property line, subject to review and approval by the ThomtonFire Department. Pedestrian sidewalks and ramps will be installed parallel to the private driveon the west side of the development and will comply with City standards and specifications.Sidewalk connections will also be provided to the existing regional trail. An Americans withDisabilities Act (ADA)-compliant pedestrian access route will be provided to the buildingentrance.

(5) The proposed ímprovements wíthín the CSP are designed to be compøtible wìth thesurrounding øreos.

The design of the hotel as well as its surrounding landscaping and fencing is all compatible withthe site's surrounding areas. First, as demonstrated by the elevations attached as Exhibit A1 andA2, the overall aesthetic and design of the WoodSpring Suites hotel will blend well with itssurroundings. The proposed hotel is a four-story structure with an overall height of 46 feet, wellwithin the maximum allowable height of 120 feet for the site. The proposed building architecturecomplies with the design provisions in Section l8-520 of the Thornton City Code relating tohotel projects. There is architectural relief incorporated into the design to create visual interestand detract from the overall size of the building. The building itself will include a stone veneer


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and cement board siding, and the overall visual appeal will be increased by a stepped roofline,varied material patterns, and color differentiation. There will be a heavy timber canopy over themain entrance on the north side of the building which will give it visual interest.

This CSP also includes a very detailed landscaping and buffering plan that includes, among otherthings, a new 6-foot tall cedar privacy fence, numerous deciduous trees, a public walking trail,and signiflrcant setbacks from the residential neighborhood to the west of Lots 1-3.

Under the City Code, a minimum of 20 percent of the site is required to be landscaped. TheCurrent CSP exceeds that number, and proposes to dedicate22 percent of Lot 1 to landscapearea. A large portion of that landscaping is dedicated to a 264-foot landscaped buffer betweenthe actual hotel improvements and the residential properties to the west despite the fact only 230feet is required by code. This same buffer, with additional landscaping, trees, and proposedbenches, will enhance the currently existing regional trail that runs along the western edge of theproperty. And while additional and more detailed landscaping plans will be reviewed andapproved through the Development Permit process, Pure Strike has agreed to commit to severalspecific details now in this CSP, including the location of specific trees, benches, and other itemsthat will be used as buffers to the surrounding areas.

In addition, orientation and topography of the site will further minimize the visibility and line-of-sight between the residential neighborhood to the west and the WoodSpring hotel. Specifically,the WoodSpring hotel will be situated more than 12 feet below the existing grade at the fence onthe western edge of the site, and all of the guest room windows will face north and south.

Finally, the CSP anticipates removing the old chain link fence that borders the westem edge ofthe site and replacing it with a 6-foot tall cedar privacy fence. This planned privacy fence willnot only provide a buffer between the residences to the west and the new development, but it willalso provide a more substantial obstacle between those homes and the City's pre-existing publictrail.


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A PORTÌON OF ÏHË NORTI- HALF OF SÊCTION 27. TOWNSHIP2 SOUTH.

RANGE 68 WES.T CIF IHE SIXTH PRINCIPAL I'IERIDIAN

CITY OF THORNTON. COUNW OF ADAI\,IS, STAIE OF COLORADO

CÄSE NO: FLCSP2O1700936

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CONCEPTUALARCHITECTURAL

ELEVATIOl'{SSHEET 5 OF 6

SEPTEMBER 4, 2018

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COUNCIL COMMUNICATIONPAGE 99 CASE NO: PLCSPZO1700936

CONIFER CROSSING

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A PORTION OFTHE NORÍH HAIF OF SECTDN 27. ÍOWNSHIP 2 SOUTH,

RANGE 68 WEST OF THE SItrI}I PFINCIPAL MERIDIAN,

CITY OF THDRNTON, COUNTY OFADA[,|S, STAIE OF COLORADO

ÙIATERIAL LEGEND

I -SW COLoRi SWæ78'RE[lslBÊIGE'PG COLOR| PPG1022-3'¡N]UtrlVE"

2 -SW COLOR: SW7037-rurcED BElcE"PPG CAOR: PPG102r-3'D¡SCOVER'

3 'SW COLOR: SW7618 'DEEP SEA DIVE-FPG COLOR: Pre11a9-6 "A-EALAF"

¡ -SW CAOR: SW7050'USEFLLGRAY"FPG COLORi rci4-æ "M3ll GRAY'

-MFG ENVIRONMENTAL STO!EWORKSSTYLÊ: COABLE LEOGESTOilEDOLOR: TErc WHFE

6 'STAN: SW3gl 'HARBOR MIST-

West ElevationScale: l/16" = L'-0"

South ElevationScale: 1/l-6" = l'-0"

North ElevationScale: 1,/16" = L'-0"

7 .MFG TAMKO PREMIUMÆPXIT SHINGLESSñLE: HERITAGECOLOR: "WATHERED WæD

East ElevationScale: 1/16" = 1'-0"

GENERAL NOTES:

- Signage will be reviewed underseparate build¡ng permit.Building-mounted mechanicalequipmeiìt and downspouts will bepainted lo match adjacent bu¡ld¡ngcolor.

EXHIBIT A2CONCEPTUAL COLORED

ARCHITECTURALELEVATIONS

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COUNCIL COMMUNICATIONPAGE 1OO

CPTED

This assessment is based on the principles of CPTED (Crime Prevention ThroughEnvironmental Design). The three main principles of CPTED are Natural Surveillance, NaturalAccess Gontrol and Territoriality.

Natural surveillance is a design concept that is directed primarily at keeping intruders underobservation through the normal and routine use of the environment. Access control is astrategy used to deny access to a location through all but areas under natural surveillance andthereby create a perception of risk in offenders. Territoriality is all about claiming ownership ofone's own property and thereby defining changes from public space to semi-private to privatespace.

The enclosed CPTED assessment and recommendations are not intended to make the site"criminal-proof." They will, however, reduce the probability of criminal activity taking place ifproperly applied and maintained. The physical environment can be manipulated to producebehavioral effects that will reduce fear and incidence of crime.

Crime prevention, like all management responsibilities will require constant upgrading andattention to further keep abreast of the changing operational needs of the site.lmplementation of the enclosed recommendations should not be fragmented. Many times theincorporation of one phase depends upon the implementation of other recommendations andfailure to utilize the systems approach can breach allelements of the system.

Tools

The following CPTED assessment tools were used in this review of North Star Elementary

. Site visits

. Review of land use and land use of surrounding areas

Observations and Recommendations

Site visit #1 occurred September 25,2018 at 1:30 p.m.

General impressions include the following. The existing site is a schoolwith a large multi-usefield on the east side of the building. There were several people using the site at this time of theday as well as parents and busses arriving to pick up children. Several vehicles came and wentin the parking lot on the east side of the building off of 88th Ave. The RTD lot further east of theschool appeared to be full as cars were parked along the entrance to the lot. There is significantplanting on the site, however could be maintained to keep site lines clear.

The multi-use fields and pavilion may be part of a community use agreement with the City ofThornton and if that is the case restricting pedestrian traffic could be an issue.

SIGHTLINES

As this is an open site, the sightlines are clear for the most part. There is one section of treesnear the softball field on the east side of the facility that restricts views. Planting does not create

COUNCIL COMMUNICATIONPAGE 1O1

any issues. The side is surrounded by a 3 foot chain link fence that allows good site lines fromall directions. Surrounding the site are residential housing and open space, and an RTD lot.There is considerable natural surveillance from these surrounding areas.

Recommendations

Trim some of the existing trees to allow for a clearer sight line from all angles

LIGHTING

The extent of existing lighting is limited.

Recommendations

lnterior pathways should be lit, allowing users to safely use this facility with in the designatedhours. Pathway lighting needs to provide visibility to recognize a face at 15 yards. Areas notintended for nighttime use may be lit to discourage unauthorized use. Maintain lamps in fixtures.Burned bulbs should be replaced within 24 hours.

SIGNAGE

There is currently minimal signage on the site

Recommendations

. The site should have signage clearly stating hours of operation, rules of conduct andconsequences (including fines).

Conclusion

This CPTED assessment was conducted to address improving safety, for North Star ElementarySchool. The basic CPTED principles of Access Control, Natural Surveillance and Territorialitycan be implemented to provide a more secure environment.

A summary of recommendations follows:

o Update the existing chain link fence on the eastern perimeter from a 3 foot fence to a 6 footfence. This will improve natural passive surveillance and police surveillance.

o Provide signage along all fencing that clearly states rules and restrictions for use of the site.Supplementary information signage should include the following information: hours of operation,site map, 'rules of conduct', and phone numbers for reporting problems, etc.

o Provide site lighting for all internal roads, trails and parking areas that are intended for nighttime use.

o Maintain a diligent maintenance program


o Consider CPTED principles for any proposed new development at the site, includingadequate sightlines and access to all new facilities. Make clear distinctions between publicspace and private space.


CPTED Site Review of NorthStar Elementary Property Line

For

Adams 12 Schools

By

M¡ke Gentry CPD

Submitted on

September 28,20L8


Disclaimer

r This Site review has been conducted as a public service by persons

from Denver Public Schools Department of Safety (Emergency

Management Division) and other agencies. The informationcontained herein is based on guidelines set by the NationalInstitute of Crime Prevention and the observations of theindividuals conducting the survey. This survey is intended toassist you in improving the overall level of security only. lt is notintended to imply the existing security measures, or proposed

security measures are absolute or perfect.

r All new construction or retrofits should comply with exitingbuilding codes, zoning laws and fire codes. Prior to installation ormodification the proper licenses and variances should be

obtained and inspections should be conducted by the appropriateagency.


Confidentiality

CO LO RADO REV IS E D STATUT ES

*** Current through oll lows passed during the 2017 Legislotive Session, ***

TITLE 24. GOVERNMENT - STATE

PUBLTC (OPEN) RECORDS

ARTICLE 72, PU BLIC RECORDS

PART 2, INSPECTION, COPYING, OR PHOTOGRAPHING

C.R.5. 24-72-202 Definitions

https: "'^w.iustia.com .les lorado 116 ¡tle-24 ,,blic-open-records/article-7 2 / p a rr-2 / se cri o n-24-7 2-202 /

C.R.S. 24-72-204 Allowonce or denial of inspection - grounds - procedure - appeol

https: / ''^w.iustia.com .les .lorado n16 ¡tle-24 "blic-open-records rticle-

7 2 I p a rt-2 / se chion-24-7 2-20 4 /


What is CPTED?

CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN

Crime Prevention Through Environmental Design (CPTED) is the proper design and effective

use of the built environment that can lead to a reduction in the fear and incidence of crime and an

improvement in the quality of life. CPTED is based on four key overlapping principles: natural

access control, natural surveillance, territorial reinforcemento and maintenance.

Components of CPTED

NATURAL ACCESS CONTROL

Access control means controlling access to a site. People are physically guided through a space

by the strategic design of streets, sidewalks, building entrances, and landscaping. Access control

can be achieved by ensuring that entrances are visible, well lit, and overlooked by windows;

clearly defining entryways and by controlling other points of access to a site; highlighting the

main entrance; clearly marking public walkways and paths; and having a comprehensive way

finding system.

NATURAL SURVEILLANCE

Surveillance is supported by the placement of physical features, activities, and people in a way

that maximizes visibility. Such areas can be created by designing landscapes that allow clear,

unobstructed views of sunounding areas; improving visibility with lighting or transparent

building materials; avoiding lighting that creates glare or shadows; avoiding the ueating of

entrapment areas.

TERRITORIAL REINFORCEMENT

Territorial reinforcement is the use of physical attributes that express ownership, such as fencing,

pavement treatmentso signage, and landscaping. Territorial reinforcement is meant to increase

feelings of territorial behavior and a sense of ownership by normal users.

COUNCIL COMMUNICATIONPAGElOT

MAINTENANCE

Maintenance allows for the continued use of a space for its intended purpose. Maintenance

serves as an additional expression of ownership and prevents the reduction of visibility from

landscaping overgrowth and obstructed or inoperative lighting.

2'16' - ground vegetation should not grow more than 2' high and the lower canopy of trees

should not be lower than 6'


On Tuesday September 25,2018I conducted a site review at North Star Elementary 8740 North

Star Drive, Thornton, CO 80260 with members of Adams 12 Schools and the Thornton Police

Department. The review was in response to a proposed building of a Woodsprings Suites

Southwest of the school property and concerns of people having the establishment in close

proximity of the school. Cunently the school has a short chain link fence at the Southwest end

of the property. Between the fence and the proposed site there is a plot of land owned by others

and not slated to be part of the new construction. There is also a park (North Star Park) adjacent

to the school property which is used by the school and the community based on a Community

Use agreement. There are no physical measures separating the park and the school property

which gives park visitors access to school grounds.

North Star Park

Existing Fenceline

Proposed HotelSite


To alleviate concems of having the property close to the school, my understanding is the builder

has offered to replace the short chain link fence with a six foot chain link fence. Outside of this,

there does not appear to be measures that need to be taken except maybe the addition of some

signage, such as private property or no trespassing, and some type of vegetation along the fence,

such as thomy vegetation, that would discourage people from climbing the fence. The fencing,

vegetation, and signage would provide both territorial reinforcement and an opportunity to show

ownership through proper maintenance.


WOODSPRING SUITES DENVER THORNTON SECURIW PLAN

PHYSICAT SECU RIW MEASU RES

L Cameras

- Exterior (16 exterior cameras ¡n total. See attached Security Plan for layout)o 10 cameras fixed to the buildingo 6 additional cameras attached to exterior light poles on the western portion of the siteo ln totalthere are l-0 cameras covering our parking lot on the north and west sides (proximity to RTD Park N Ride & Conifer)

- lnterioro 3 cameras per hallway per flooro L camera per stairwell at the first flooro 1 camera for the laundry roomo 1 camera for the back entranceo l- camera for the front entranceo 3 cameras for the front desk/lobby

- All cameras are visible to front desk staff at all times on the monitor in the office.- All cameras are backed up by the camera equipment in the electrical room.- All cameras provide remote access to Property Management company and to ownership group.

2. Exterior Lighting (See attached Site Photometric plan for layout).- All lights are LED

- t2lights attached to building- t4 exterior light poles

- L1 light poles located on the west side of the property (proximity to RTD Park N Ride & Conifer)- Additional pedestrian lighting along Niver Creek Trail as part of trail amenity package

3. We are an interior access hotel. Key access is required to enter any part of the building except the lobby. Guests may not pass through the lobby without a

coded key.

STAFF SECURIW MEASURES

t. All guests must present proper identification to reserve a room. Any adults joining the room must also have identification on file.2. Various staff members perform "Property Walks" throughout the course of the day:

Exterior Elements- Check that all exterior doors are properly functioning- Check for any vehicles/trailers that do not appear to be operational- Check that all trash has been properly disposed of- Check that all exterior lights are functioning- Check that cameras are unobstructed (review all cameras from front office to ensure that they are functioning)

lnterior Elements


Check all hallways and stairwellsTest emergency lighting in the hallways

Check allfire signs and extinguishersCheck elevatorCheck guest laundry area

Check lobby & registration area

Property Attendant - lives on site. Standard shift is from 8 am - 5 pm. Makes 3 property walks per shift

Safety Attendant - lives on site. Standard shift is from l"L pm - 7 am. Makes 5 property walks per shift.

Property Manager - standard shift is rromT am - 5 pm. Makes 2 property walks per shift.

Assistant Manager - Standard shift is from L0 am - 8 pm. Makes 2 property walks per shift.

Guest Assistants - Shifts vary. Make 2 property walks per evening shifts.

3. Quality Assessment Reviews are performed randomly by our national brand.- Ownership group hotels have historically scored in the top L0 percent nationwide of the Woodspring Suites QAR reports.

What is the average length of stay?

Averoge length of stoy WD in our WoodSpring Suites Centennial property is 7.L2 days.

What is the action policy for disturbances?

Guests ore notified verbally by staff thot their octs/omissions ore not in compliance with the guest rules/policies thot the guest signed ot registration (attochedbelow). Depending on the issue ot hond, guests might be given a chonce to correct the situøt¡on. f the guest does not resolve the issue in a timety manner, the staffwill osk the guest to leave. For any severe disturbance, staff hos the option to ask the guest to leave immediotely.

What security staffing is on-site (if any)?

We have ot least 2 stoff members ot alltimes who live on site. The Sofety Attendant is responsible for the security of the hotel overnight and the PropertyAttendont is responsible for the security of the hotel during the day. Any gops in their coveroge (eorly evening) ore filled by Guest Assistonts.


GUEST RULES:

Vy'e have a short set ofrules to ensure a positive guest experience for everyone. Any of the following disruptionsby you, other registered or non-registered room occupants, or your invitees could result in the immediatetermination of your stay:

. Being involved in any police matter

. Possessing or using any illegal substances, including drugs

. Possessing an unauthorized weapon or firearmt

. Having pets of any kind on the property,

. Tampering with or removing window stops, smoke detectors and other safety measures

. Leaving room or common area windows or doors unlocked or open

' All invitees must come through the lobby entrance and are required to fotlow the Guest Rules. An invitee's violation of the Guest Rules mayresult in the guest being asked to leave the property

. Soliciting or loitering of any kind, anywhere on the property

. Consuming alcoholic beverages anywhere on the property outside ofyour room

. Parking utility trailers, oversized vehicles and inoperative vehicles on the property

. Parking in unauthorized areas

. Washing, repairing, modif,ing, advertising the sale of or storing vehicles on the property

(said vehicles will be towed at owner's expense)

. Being outside your room without being fully clothed, including shirt and shoes

. Grilling barbecuing orcreating fire hazards on-premises

. Displaying items including signage, lighting, clothing, etc., outside your room

. Leaving minors unattended, including in your room

. Causing disruptions, including the use of car homs, in the parking lot

. Damaging or destroying hotel property and facilities anyrvhere on the property

. Disrupting other guests with loud noise, TV, music, disorderly conduct or large groups

. Feeding stray animals on the property or keeping animals inside parked vehicles

. Leaving trash or personal items in common spaces or unauthorized areas

' Using skates, skateboards, bikes or other recreational devices in common areas including hallways, sidewalks and parking lots

. Creating or staying in unsanitary conditions (trash, odors, dirty dishes, filth, etc.)

' Using the WoodSpring Suites name and contact information for any personal or commercial purpose including ongoing mail service

. Engaging in any activity that might jeopardize the safety and relative privacy of any

WoodSpring Suites guest or employee

I Militry md law enfo¡cement pelsomel may be allowed cenain weapons; however, if ilmed they must nolify the front desk upon check-in.

2Servicemimalsryeacceptedbutmustbediscloseduponefferi¡gthepropertytoeliminateænfusionwithstaffmdotherguests. Non-servicemimals¡equùeapetfee.

COUNCIL COMMUNICATIONPAGE ,I13

GUEST POLICIES:

To ensure our promises of an affordable, clean, safe and simple guest experience for all guests, we want tostate the following:

' Check-in is anytime after 3 p.m. on the stated anival date unless otherwise arranged at the property

. A vatid govemment-issued photo ID is required for all transactions

' Any guests paying cash may be required to provide a valid credit card number or cash deposit, to cover incidentals, at check-in

. Room charges must be paid in advance

' No full or partial refunds will be issued to guests who check out, including those ejected from the property for violating the Guest Rules andPolicies

' Pre-existing damages or room issues must be reported to the ftont desk immediately after registration to avoid responsibility and potentialcharges

' Guests must vacate their rooms before 11 a.m. on their registration expiration date toavoida$45fee

' Those wishing to stay beyond their stated check-out date must make arrangements with the front desk prior to their registration expiration date

'Tobaccosmokingispermittedonlyindesignatedareasontheproperty.Violationofoursmokingpolicywillbemetwithachargeofg250.

' Damage or destruction of hotel property by registered guests or their invitees may result in immediate termination of their stay, and repairor replacement of property will be charged to the guest

. Management reserves the right to enter and inspect guest rooms at any time

' Guests staying in rooms deemed to be unsanitary by management will have 24 hours to remedy the situation or will be asked to leave. Guestswill be charged a minimum of $25 for the services needed to retum their room to guest-readiness standards.

. Any non-emergency incidents (including guest lock outs) that require the Safety

Attendant will be charged to the guest at $l0/incident

. Safety cameras are used throughout the premises, and guests and those on our property may be recorded

' If WoodSpring Suites employees discover the modification or removal of safety measures, including window stops, guest may beasked to leave immediately and will be charged for the restoration ofthe hotel's property

' WoodSpring Suites, as part of our commitment to guest safety, will not disclose the identity, room number or presence of a guestto anyone other than appropriate law enforcement. This includes the taking ofor delivery ofmessages or indirect forwarding ofphone calls.It is the responsibility ofguests to communicate their presence and room number to any person they wish to receive calls or visits from.

' WoodSpring Suites allows guests, with permission, to receive occasional packages and special deliveries at the property. We are notresponsible for the packages or their contents or the storage ofthem.


SECURITY CAMERAS WLL BE PROVIDED

INSIDE THT BUILDING PER PROTOTYPE

REQUIREMENTS. ALL EXTERIOR DOORS

WLL BT LOCKED AND TQUIPPED WTHCARD KEY ACCESS CONTROLS, AS WLLALL GUEST ROOMS.

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RESOLUTION

A RESOLUTION APPROVING A CONCEPTUAL SITE PLAN FOR A PROPOSEDCOMMERCIAL AND LODGING DEVELOPMENT ON APPROXIMATELY 12 ACRESOF LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF WEST 88THAVENUE AND TNTERSTATE 25 (CON|FER CROSS|NG).

WHEREAS, Pure Strike Development is the owner and applicant (Owner) ofcertain real property (Property) within the City, described in Exhibit A attached hereto andincorporated herein by reference; and

WHEREAS, the Property is zoned Business Park (BP) and Regional Commercial(RC); and

WHEREAS, the Owner has submitted to the City an application for considerationof a Conceptual Site Plan (CSP); and

WHEREAS, the aforesaid application is a matter of public record in the custody ofthe City Development Department and is available for public inspection during businesshours of the City; and

WHEREAS, the aforesaid application, CSP maps, and all supporting documentsare hereby incorporated as if fully set forth herein; and

WHEREAS, the proposed CSP is consistent with the goals and desires of the Cityand provides for orderly growth within the City and a beneficial and efficient use of theProperty; and

WHEREAS, on April 23, 2019, the City Council conducted a public hearing on saidapplication pursuant to the procedural and notice requirements of the City Charter andChapter 18 of the Thornton City Code. The Council considered the evidence presented insupport of and in opposition to the application; the applicable zoning; the City'sComprehensive Plan; and staff recommendations; and have considered the record andgiven appropriate weight to the evidence.


That it is found that the owner and the city have complied with theprovisions of Section 18-43 of the Thornton City Code (City Code)pertaining to CSP applications and the CSP meets the criteria found inSection 18-43(9) of the City Code.

The CSP is compatible with existing and approved development inthis area. The proposed CSP provides for orderly development of

1

a

b

the síte and includes a site plan, landscaping, and architecture thatare high quality.

The proposed CSP is consistent with the overall direction, intentand policies of the Comprehensive Plan. The Comprehensive Plandesignation for the site is Employment Center. TheComprehensive Plan's applicable goals and policies are to:

(1) Promote the development and maintenance of healthy,sustainable, and viable commercial centers.

(2) Promote neighborhood retail-commercial revitalization,redevelopment as well as new development.

(3) Preserve and enhance retail sales base

c. The CSP complies with the established specific regulations outlinedin Chapter 18 of the City Code.

The Conifer Crossing CSP is hereby approved with the following conditions:

a. Approval of the CSP does not waive any additional requirements ofthe development as established with the Subdivision Plat,Developer's Agreement, or any Development Permit associatedwith the Property.

At the time of submitting a request for a Development Permit(s), theDeveloper shall provide a landscape plan that is consistent with theCity's water-wise landscape regulations which emphasizes the useof d rought-tolerant materials.

The approved CSP is valid for a period of three years from the dateof City Council action.

Public Land Dedication (PLD) for the development shall be satisfiedper City Code by providing improvements to the regional trail. Trailimprovements shall include installing and replacing lights as shownin the attached photometric plan and may include other trailamenities such as benches, trash receptacles, bike racks, or petwaste stations. lf the cost of the trail improvements is less than thetotal amount owed, the balance shall be met by a cash-in-lieupayment. The PLD requirements for the entirety of thedevelopment shall be satisfied with the hotel project. Specifictiming and details shall be determined through the Developer'sAgreement.

2

b

c.

d

2

The Applicant shall pay for the design and installation of a newprivacy fence at the westerly property line shared with the abuttingsingle-family residential subdivision. The Applicant shall coordinatewith the owners of property abutting the west boundary of the siteregarding final design and installation timing of the fence, subject toreview and approval through the Development Permit process.

The Applicant shall pay for the design and installation of a newchain-link fence on the Northstar Elementary School property. TheApplicant shall coordinate with the school and Adams 12 SchoolDistrict regarding the specific fence design and location.

The Applicant shall pay for and install "no parking" signage alongthe west side of Conifer Road. Specific number and spacing of thesigns shall be approved by the City.

h Prior to any development on Tract B, the tract shall require arezoning to achieve a single zoning designation.

3 All land use approvals and building permits for the Property describedherein shall be subject to requirements including, but not limited to, thepayment of impact fees and development charges, concurrencymanagement requirements, design standards, moratoriums, and otherland use and development requirements in effect at the time that suchproposed development applies for a building permit.

The conditions set forth in this resolution shall run with the land and bebinding upon the Owner, its successors and assigns.




ATTEST:

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Exhibit ALegal Description

PABQEL.A:THE SOUTHEAST % OF THE NORTHEAST% OF THE NORTHWEST % OF SECTION 27, TOWNSHIP 2 SOUTH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, EXCEPT THAT PORTION CONVEYED TO THE CITY OFTHORNTON BYWARRANry DEED RECORDED OCTOBER 19, 1978, IN BOOK 2285, NI PAGE 16, COUNry OFADAMS, STATE OF COLORADO.

IäBQEI.E:A TRACT OF LAND IN THE SOUTH% OF THE NORTH % OF THE NORTHEAST % OF SECTION 27, TOWNSHIP 2SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THENORTHWEST CORNER OF THE SOUTH% OF THE NORTH %OF lHE NORTHEAST % OF SECTION 27;THENCESOUTH 89"58'EAST, ALONG THE NORTH LINE OF SAID SOUTH%OF THE NORTH% OF THE NORTHEAS T %OF SECTION 27, A DISTANCE OF 38.9 FEETTO THE WEST RIGHT-OF- WAY LINE OF THE VALLEY HIGHWAY ASNOW LOCATED; THENCE SOUTH 09'26' EAST, ALONG SAID WEST RIGHT-OF-WAY, A DISTANCE OF672.4FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID SOUTH %OF THE NOR TH %OFTHE NOR THEAST %OFSECTION 27; THENCE WEST, 148.8 FEET, MORE OR LESS, ALONG SAID SOUTH LINE, TO THE SOUTHWESTCORNER OF SAID SOUTH %OFTHE. NORTH% OF THE NORTHEAST% OF SECTION 27; THENCE NORTH 662.7 FEET TO THE POINT OF BEGINNING,EXCEPT THE SOUTH 30 FEET, CONVEYED TO ADAMS COUNry FOR ROAD PURPOSES, IN QUITCLAIM DEEDRECORDËD SEPTEMBER 21,1959, IN BOOK8O4, AT PAGE 97, COUNTY OF ADAMS, STATE OF COLORADO.

PABQELQ:A PARCEL, DESCRIBED IN BOOK2285, AT PAGE 16, OF THE ADAMS COUNTY CLERK AND RECORDER'SOFFICE , IN THE NORTHWEST % OF SECTION 27, TOWNSHIP 2 SOUTH, RANGE6S WEST OF THE 6THPRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:BEGINNING AT THE CENTER EAST NORTHWEST 1/64 CORNER (THE SOUTHWEST CORNER OF THESoUTHEAST% OF THE NORTHEAST% OF rHE NORTHW EST %) OF SA|D SECTTON 27, ALSO BETNG THESOUTHEAST CORNER OF LOT 32, BLOCK 10, NORTH STAR HILLS - FIRST FILING SUBDIVISION, RECORDED INFILE 11, AS MAP 55, lN THE ADAMS COUNTY CLERK AND RECORDER'S OFFICE; THENCE COINCIDENT WITHTHE WEST LINE OF THE SOUTHEAST % OF THE NORTHEAST%OF THE NORTHWEST % AND THE EASTERLYLINE OF SAID NORTH STAR HILLS - FIRST FILING SUBDIVISION, NORTH OO'17'11' EAST, A DISTANCE OF200.00 FEET;THENCE SOUTH 89"58'07" EAST, A DISTANCE OF568.29 FEET; THENCE SOUTH 00'19'36" WEST, A DISTANCE OF 190.00 FEET; THENCE SOUTH 89'58'07" EAST,A DISTANCE OF 90.00 FEET, TO THE'NORTH-SOUTH CENTERLINE OF SAID SECTION 27; THENCECOINCIDENT WITH SAID NORTH-SOUTH CENTERLINE, SOUTH OO'19'36" WEST, A DISTANCE OF ,IO.OO FEET,TO THE CENTER NORTH 1/16 CORNER OF SAID SECTION 27 AND THE NORTHERLY LINE OF ULTIMATEELECTRONICS SUBDIVISION FILINGNO. 1, RECORDED IN FILE 17, AS MAP 376, IN THE ADAMS COUNryCLERK AND RECORDER'S OFFICE; THENCE COINCIDENT WITH SAID NORTH-SOUTH CENTERLINE AND SAIDNORTHERLY LINE, SOUTH 00"19'36'WEST, A DISTANCE OF 80.00 FEET; THENCE COINCIDENT WITH SAIDNORTHERLY LINE, NORTH 89"58'07" WEST, A DISTANCE OF 90.00 FEET; THENCE COINCIDENT WITH SAIDNORTHERLY LINE, SOUTH OO'19'36'WEST, A DISTANCE OF130.00 FEET; THENCE COINCIDENT WITH SAID NORTHERLY LINE, NORTH 89"58'07" WES T, A DISTANCE OF74.00 FEET; THENCE COINCIDENT WITH SAID NORTHERLY LINE, NORTH 89'58'07" WEST, A DISTANCE OF74.00 FEET; THENCE COINCIDENT WITH SAID NORTHERLY LINE AND PARALLEL, AT A DISTANCE OF 164.00FEET, WITH SAID NORTH-SOUTH CENTERLINE, NORTH 00"19'36'' EAST, A DISTANCE OF 21O.OO FEET, TO THESOUTH LINE OF THE NORTHEAST % OF THE NORTHWESI% OF SAID SECTION 27; THENCE COINCIDENTWITH SAID NORTHERLY LINE AND SAID SOUTH LINE, NORTH 89'58'07'WEST, A DISTANCE OF 494.15 FEET,TO THE CENTER EAST NORTHWEST 1/64 CORNER AND THE POIN T OF BEGINNING, COUNTY OF ADAMS ,

STATE OF COLORADO.


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CONCEPTUAL SITFPtrAN CONIFER CROSSINGAPORIION OFTHE NORTH HAI.F OF SECTON 27. TOM{SH¡P2 SOIJTH,

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C Y OF IHORNTON, COUNIY OF ÆAI.IS, STATE OF COLORADO

MATERIAL LEGEND

1 -SWCOLOR: SW8076 "REALTSTEElGgPPG COLOR: PPG10æ-3'lNru¡ïVÊ'

2 .SW COLOR: SW7037 "ilÆED BEIGE"PPG COLOR: PPGl021-3'DISCOVÊR"

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5 .MFG. ENVIRONMENTALSTONEWORKSSWLE: COAALE LEDG€STq{ECOLOR:ENSWHITE

6 - SÌAlNi SW3541 'HARaORMIST"

West ElevationScale: L/16" = 1'-0"

7 . [,îFG. TMKO PREMIUIIASPHIT SHINGLËSSWLE: HERIfAGECOLOR: 'WATHERED wæD

East ElevationScale: L/16" = L'-0"

South ElevationScale: 1/16" = l-'-0"

GENERAL NOTES:

- Signage will be reviewed underseparate building permit.Building-mounted mechan¡calequ¡pment and downspouts will bepainted to match adjacent buildingcolor.

North ElevationScale: 1,/16" = 1'-0"

CONCEPTUAL COLOREDARCHITECTURAL

ELEVATIONSSHEET 6 OF 6

SEPTEMBER 4, 2018

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SYNOPSIS:

On April 9,2019, City Council voted 6-2 to approve this ordinance on first reading

The Rules of Order and Procedure (Rules of Order) for the conduct of City Council meetings arecontained in the City Council Policies. The Rules of Order define the order of business for CityCouncil agendas and establishes how business will be conducted during those meetings.

Approval of the proposed ordinance will add a Moment of Silence to the Council's formal meetingagenda after the Pledge of Allegiance.

RECOMMENDATION:

Staff recommends Alternative No. 1, approval of the ordinance on first reading as presented


None

ALTERNATIVES:

Approve the ordinance as presented.Approve the ordinance with specific amendments directed by CouncilDo not approve the ordinance.

BACKGROUND (ANALYSIS/NEXT STEPS/HISTORY): (includes previous City Council action)

At the March 19,2019 Council meeting, Council approved a motion to bring fon¡uard an amendmentto the Rules of Order to add a Moment of Silence to Council's agenda after the Pledge of Allegiance.

1

23

Meeting Date:

April 23, 2019

Agenda ltem

llAAgenda Location:

Action ltems


_ '1't ReadingL2no Reading

subject: An ordinance amending the City Council Policy regarding the fules oi Ord"r and Procedurefor City Council meetings to add a Moment of Silence

Recommended by: Robb Kolstad Ølk Approved by: Kevin S. Woods

Presenter(s): Kristen Rosenbaum, City Clerk vrOrdinance previouslyintroduced by:

Matkowskv

INTRODUCED BY: Matkowskv

AN ORDINANCE AMENDING THE CITY COUNCIL POLICY REGARDING THERULES OF ORDER AND PROCEDURE FOR CITY COUNCIL MEETINGS TO ADD AMOMENT OF SILENCE.

WHEREAS, City Council adopted a policy on October 22, 2002 by Ordinance2736, which established the Rules of Order and Procedure (Rules of Order) for regularCity Council meetings; and

WHEREAS, City Council amended its Rules of Order on March 25, 2003 byOrdinance 2761 to place Roll Call of Council and Council Comments/Communicationsback on its regular meeting agendas; and

WHEREAS, City Council amended its Rules of Order on November 9, 2004 byOrdinance 2850, to add Presentations and Staff Reports under the AudienceParticipation portion of the meeting; and

WHEREAS, City Council amended its Rules of Order on May 10,2005 byOrdinance 2BB1 which amended paragraph 6(fXa) pertaining to public hearing items toclarify that action on public hearing items may be taken after the public hearing hasbeen closed or at the next Council meeting; and

WHEREAS, City Council amended its Rules of Orderon December 13,2005 byOrdinance 2934 which added a new sectíon (c) to paragraph 6 to provide a five minutetime limit for Council comments and a new section (i) to paragraph 6 to provide for aspeaker's timing system to be operated by the City Clerk; and

WHEREAS, City Council amended its Rules of Order on March 23, 2010 byOrdinance 3127 to add a new subparagraph (5) to Paragraph (g) in Section 6 to list CityCouncil's options for action following public hearings on applications and to add a newsentence to Paragraph (g) in Section 6 to specify the timing for continuance of a publichearing when caused by the actions of an applicant; and

WHEREAS, City Council amended its Rules of Order on January 27, 2015 byOrdinance 3323 removing subparagraph 6(h) which requires adjournment of themeeting at 10:00 PM unless a motion to extend the meeting has been approved by CityCouncil; and

WHEREAS, City Council amended its Rules of Order on September 13, 2016 byOrdinance 3409 removing subparagraph 5(a) thereby eliminating the invocation; and

WHEREAS, City Council amended its Rules of Order on September 27,2016 byOrdinance 3409 approving an amendment to subsections 6(b) and 6(gX3), RegularMeeting Procedures, to change the time for citizen comment from five to three minutes;and

WHEREAS, City Council amended its Rules of Order on April 11,2017 byOrdinance 3426 approving the reordering of the agenda so that the "CouncilComments" portion of the agenda is immediately following comments made by thepublic under "Audience Participation"; and

WHEREAS, City Council amended its Rules of Order on April 10,2018 to clarifythat resolutions and motions shall pass by the affirmative vote of a majority of themembers of Council present and clarify the Mayor's discretion to permit a member ofthe public to present relevant audio/visual presentations during Audience Participationand public hearings; and

WHEREAS, this amendment will add a Moment of Silence after the Pledge ofAllegiance.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYOF THORNTON, COLORADO, AS FOLLOWS:

That the Rules of Order and Procedure are hereby amended as shown inthe attached Council Policy and is hereby approved.

If any portion of this ordinance is held to be unconstitutional or invalid forany reason, such decision shall not affect the constitutionality or validity ofthe remaining portions of this ordinance. City Council hereby declaresthat it would have passed this ordinance and each part hereof irrespectiveof the fact that any one part be declared unconstitutional or invalid.

All other ordinances or portions thereof inconsistent or conflicting with thisordinance or any portions hereof are hereby repealed to the extent of suchinconsistency or conflict.

The repeal or amendment of any provision of the Code by this ordinanceshall not release, extinguish, alter, modify, or change in whole or in partany penalty, forfeiture, or liability, either civil or criminal, which shall havebeen incurred under such provision, and each provision shall be treatedand held as still remaining in force for the purpose of sustaining any andall proper actions, suits, proceedings, and prosecutions for theenforcement of the penalty, fofeiture, or liability, as well as for thepurpose of sustaining any judgment, decree, or order which can or may berendered, entered, or made in such actions, suits, proceedings, orprosecutions.


INTRODUCED, READ, PASSED on first reading, ordered posted in full, and titleordered published by the City Council of the City of Thornton, Colorado, onApril 9, 2019.

1

2

3

4

2

PASSED AND ADOPTED on second and final reading on 2019



ATTEST





PUBLICATION:

Posted at City Hall, Margaret W. Carpenter Recreation Center, and Thornton ActiveAdult Center after first and second readings.

Published on the City's official website after first reading on April 10, 2019, and aftersecond and final reading on ,2019.

3

Gity Council Policy

Rules of Order and Procedure

1. Purpose

The purpose of this Council Policy is to establish Rules of Order and Proceduresfor the conduct of City Council meetings. The intent of this policy is to assistCouncil in streamlining its meetings to allow more time to focus on substantiveissues facing the City.

2. Scope

This policy applies to all regular meetings of the Thornton City Council.

3. Policv

City Council has the authority to establish Rules of Order and Procedures forconducting business at its regular meetings.

4. General Rules

(a) An agenda shall be prepared for each regular City Council meetingcontaining the specific items of business to be transacted and the orderthereof. The agenda shall be available to Councilmembers not later thanthe Friday preceding the meeting and shall be made available to the publicas soon thereafter as practicable.

(b) A majority of the members of the Council may, by vote, either request orcompel the attendance of its members and other City officers at anymeeting of the Council. Any member of the Council or other officer who,when notified of such a request for attendance, fails to attend suchmeeting for reasons other than illness, vacation, work, absence from theCity, the Councilmember is attending a meeting as a representative of theCity or as approved at Council's discretion shall be deemed guilty ofmisconduct in office unless excused by the Council.

(c) A majority of the members of the Council in office at the time shall be aquorum for the transaction of business at all Council meetings, but, in theabsence of a quorum, a lesser number may adjourn any meeting to a latertime or date, and, in the absence of all members, the Clerk may adjournany meeting for not longer than one week.

(d) The presiding officer shall enforce orderly conduct at meetings, and anymember of the Council or other officer whose conduct is not in an orderlymanner at any meeting shall be deemed guilty of misconduct in office.

(e) A Councilmember once recognized shall not be interrupted when speakingunless called to order by the presiding officer or unless a point of order orpersonal privilege is raised by another Councilmember or unless thespeaker chooses to yield to a question by another Councilmember. lf aCouncilmember, while speaking, is called to order, the Councilmembershall cease speaking until the question of order is determined, and, ifdetermined to be in order, the Councilmember may proceed. Members ofthe City staff, after recognition by the presiding officer, shall hold the flooruntil completion of their remarks or until recognition is withdrawn by thepresiding officer.

(f) The presiding officer shall determine all points of order, subject to the rightof any Councilmember to request a full Council ruling.

(g) A member of the Council who wishes to terminate discussion of a motionmay call for the question in accordance with the Roberts Rules of Order,newly revised and as amended from time to time, except as set forthherein.

(h) Legislative matters

(1) Resolutions require one reading and become effective immediatelyafter passage. Resolutions are initiated to make appointments,expressions of the City Council's intent or its opinion on matters notactually within its control, approvals of specific transactions such aspurchases and agreements (except some transactions which mustbe done by ordinance); to establish positions of the Council onmatters of concern; to deal with special administrative or temporarymatters as opposed to general rules of conduct; to acknowledgeaccomplishments or contributions; and for a variety of other lawfulpurposes which require formal action but not the enactment of laws.

A resolution is required under any circumstance where it isdesirable that the action be formally recorded in the office ofthe City Clerk for future reference.

A resolution may be presented verbally in motion form,together with instructions for written preparation. Uponexecution of such resolution, it shall become an officialaction of the Council.

Any Councilmember may request that a specific resolution,acknowledging accomplishments or contributions, be placedon a regular meeting agenda under "audience participation"for the purpose of gaining special recognition or additionalpublicity.

a

b

2

c.

(2) Acts of the Council which are required to be by ordinance, and theprocedure for passage, posting and publication of ordinances,including emergency ordinances, shall be as provided in theCharter.

The name of the Councilmember introducing each ordinanceshall be appended to and made a part of the ordinance.Ordinances shall be numbered in the numerical order inwhich they are passed.

a

An exact legible copy must be submitted to the City Clerk inwriting at the time the ordinance is introduced.

(3) Motions are the formal statement of a proposal or question to theCouncil for consideration and action. A motion is generally not to beconsidered as a legislative action of the Council but is in the natureof direction or instruction; however, a motion will generally sufficeunless a resolution is specifically called for by law or unless there issome reason for desiring the particular action formalized byseparate instrument.

(4) Proclamations are used ceremonially for the purpose of recognizingaccomplishments, honoring individuals or groups or setting adesignated period for a special event or to declare a symbolicoccasion. Proclamations are the prerogative of the Mayor and donot require Council action.

(i) Resolutions and motions shall pass by the affirmative vote of a majority ofthe members of Council present, provided a quorum exists. Should anyCouncilmember being present refuse to vote on any measure, theCouncilmember's vote shall be recorded in the affirmative, but no suchvote shall be recorded if the Councilmember refuses to vote because of aconflict of interest.

A vote upon all ordinances and resolutions shall be taken by a "yes" or"no" vote and entered upon the records, except that, where the vote isunanimous, ¡t shall only be necessary to state that the vote wasunanimous. All abstentions shall also be recorded and the reason for theabstention recorded, if given. Abstentions by reason of conflict of interestshall be sufficient.

(k) ln all roll call votes at any given meeting, the names of the members of theCouncil shall be called in alphabetical order, and the name to be calledfirst shall be advanced one position alphabetically in each successive rollcall vote.

b.

ú)

3

(t) The rules of procedure and order of business shall be strictly adhered tounless temporarily suspended by a two-thirds vote of the memberspresent.

(m) The rules contained in the latest revised edition of Robert's Rules ofOrder, Newly Revised, shall govern the meeting in all cases to which theyare applicable and in which they are not inconsistent with the Rules ofOrder and Procedures adopted by this division. The City Attorney or actingCity Attorney shall be the designated parliamentarian.

(n) Minutes of each meeting shall be kept in the English language by theClerk and shall be signed by the presiding officer and Clerk of themeeting.

(o) The minutes shall not be a verbatim transcript of the proceedings. Therecordings of all proceedings shall be retained pursuant to State Statute.The purpose of the minutes shall be to record the City Council'stransactions rather than its deliberations; therefore, debates, argumentsand discussion among the City Council shall not be included. Specificdirection to staff shall be included in the minutes when such direction mayaffect the outcome of a decision to be made by the City Council.lnformational items, such as upcoming meetings and events, brought upby the City Council need not be included in the minutes, provided that theinformation has previously been conveyed to them through normalcommunication or correspondence channels. The City Clerk shall includethe following in the action minutes of each regular or special meeting:

(1) The name: "Meeting of the City Council of Thornton, Colorado."

(2) The kind of meeting (regular, special)

(3)

(4)

(5)

(6)

The place and date of the meeting

The officer presiding.

The decision in each point of order arising.

A complete record of the City Council's actions, which will, in mostinstances, be a motion reflecting the decision taken by the Council.

(7) The time and place of reassembling, unless it is the regular meetingtime and place.

(8) The signature of the City Clerk and the Mayor at the time theminutes are approved.

4

(9) A statement of whether previous minutes were approved

(10) All motions made and seconded and subject matter of reports givenand disposition of such.

(11) A record of the results of each vote taken shall be recorded asprovided in the Charter and this Code.

(12) Minutes shall reflect the general topic of the discussion at anexecutive session.

5. Order of business.

(a) At the beginning of each regular City Council meeting, the Mayor, MayorPro Tem or acting Mayor shall call the members to order. Following thepledge of allegiance, the City Clerk shall call the roll, note the absencesand announce whether a quorum is present. ln the event that a quorum ispresent, the City Council shall then proceed to the business before it.Business shall be conducted in the following order except that CityCouncil, may by motion, suspend the order of the agenda during ameeting:

(1)

(2)

@

(4*3)

(Þ4)

(95)

ø6)

(97)

(98)

t109)

(110)

(12+\

Call to Order

Pledge of Allegiance

n¡oment of Silence

Roll Call of Council

Approval of the agenda

Presentations

Audience Participation

Council Comments/Communications

Staff Reports

Consent calendar

Public hearings

Action ltems

5

(1Q2) Adjournment

6. Reqular meeting procedures.

(a) lf a motion, resolution or ordinance is passed or defeated by Councilaction, it may be reconsidered by motion from a member who was on theprevailing side no later than the next regular meeting.

(b) Citizens wishing to be heard under "audience participation" on any subjectwhich does not later appear on the agenda as a public hearing arerequested to sign up on the register located in the lobby or Councilchamber, prior to the meeting. Speaking time will be limited to threeminutes per individual/topic with a one-hour limit on that segment of theagenda. Groups of citizens brought together with a common interest arerequested to choose a spokesperson and, at the discretion of the Mayor,may be allowed additional time.

Audio/visual presentations must be submitted to the City Clerk's office by10:00 a.m. the Monday prior to the Council meeting. However, the Mayorhas discretion to permit a speaker to show an audio/visual presentationduring audience participation, without prior notice to the City Clerk's office,with proper assurances that the individual is not aware of the file havingcomputer viruses.

(c) Council comments/communications will be limited to five minutes perindividual not including reports of a Councilmember's participation onoutside Boards or Committees.

(d) Action items shall be referred to by their agenda item number. Councildocument numbers and ordinance numbers shall be assigned to eachaction item and ordinance, respectively, for recordkeeping and retrievalpurposes.

(e) Consent calendar

(1) A consent calendar shall be used for the expeditious handling ofroutine, non-controversial issues in order to provide more time forthe deliberation of major agenda items which establish City policyand goals. ltems to be placed on the consent calendar may includebut are not limited to the following:

Personnel actions, such as the appointment of personnel asmandated by the Charter and approval of new positions.

Ordinances on first reading and ordinances on secondreadíng, which have not been changed since first reading.

a.

b.

6

Approval of minutes

lssues which the staff has been directed by the Council toprepare, such as items discussed during a manager'sbriefing.

Contracts which require City Council approval

Annexation Petitions and Findings of Fact.

(2) At the request of Councilmember, an item shall be removed fromthe consent calendar and placed upon the regular agenda fordebate at the end of the "Action ltems" segment. A motion toapprove the consent calendar shall not be debated and shall onlybe adopted by a unanimous vote of those Councilmembers presentat the meeting. Prior to a vote being taken on the consent calendar,the City Clerk shall be called upon by the Mayor to read, by title, allordinances for first and second reading which have been placedthereon.

(3) Minutes shall be removed from the consent calendar for correctionsof a substantive nature.

(0 At the time the agenda is approved, items may be deleted or additionalaction items may be added by a Councilmember, the City Manager or theCity Attorney, to be placed at the end of the "Action ltems" segment.

(g) Federal law, State Statutes, the Charter and this Code call for publichearings on various matters, such as the annual budget or requests forannexations and rezonings. The Council may also direct that a matter ofsignificant interest be scheduled as a public hearing. Where the method ofnotice for a public hearing is not othenruise specified by law or by Councilaction, notice shall be given by posting once on the City website at leastten days prior to the hearing, or less than ten days for good cause shown.lf the required notices are not provided based on an action of theapplicant, the public hearing shall be opened and continued to the nextCity Council meeting that does not have another public hearing scheduled,unless City Council othenvise directs the City Manager. The purpose of apublic hearing is for the City Council to receive input, both negative andpositive, to help it in making a determination on a matter it is about toconsider. The item is listed on the agenda under the title "public hearings,"and the Council may or may not receive a verbal report and/orrecommendation from staff, and interested parties and citizens are askedto comment either in support of or in opposition to the item at hand. Publichearings will be conducted, generally, in the following manner:

c.

d.

e

f.

7

(1) ln order to schedule the timing and length of public hearings for theconvenience of the Council, the general public and interestedparties, the first public hearing will begin at or before 7:30 p.m., oras soon thereafter as possible. This segment of the agenda will lastno more than two hours.

(2) On land use issues, time limits for presentations are established atno more than 15 minutes for the applicants, or at the discretion ofthe Mayor may be allowed additional time. Presentations will bestructured in accordance with procedures established by the CityDevelopment Department.

(3) Proponents and opponents who wish to speak shall be requestedto sign up prior to the beginning of the meeting, on the registerlocated in the lobby or Council chamber, and limit their remarks tothree minutes. Groups of citízens who wish to support or oppose aspecific item will be requested to choose a spokesperson and, atthe discretion of the Mayor, may be allowed additional time to admittestimony on information over and above that already presented intheir behalf. Speakers may be asked to be sworn in by the CityClerk if they wish to submit facts rather than opinions.

Audio/visual presentations must be submitted to the City Clerk'soffice by 10:00 a.m. the Monday prior to the Council meeting.However, the Mayor has discretion to permit a speaker to show anaudio/visual presentation during a public hearing, without priornotice to the City Clerk's office, with proper assurances that theindividual is not aware of the file having computer viruses. After thepresentation during a public hearing, any councilmember has theright to move that the audio/visual presentation be stricken from theevidentiary record as irrelevant.

(4) Action may be taken on public hearing items after the publichearing has been closed or scheduled for action at the next Councilmeeting. lf it is deemed desirable by the Council to continue apublic hearing, it shall be continued to a date certain.

(5) At the conclusion of the public hearing on an application, the CityCouncil may:

Continue the public hearing to a future meeting date foradditional testimony;Close the public hearing, and refer the application to a boardor commission for review and recommendation;Close the public hearing, and continue the ordinances orresolutions to a future meeting for action;

a.

b,

c.

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Close the public hearing, and request an executive sessionpursuant to state statute;Close the public hearing, and take action on the ordinancesor resolutions that relate to the application; orTake any other lawful action.

(h) There shall be a speaker's timing system utilized to monitor the speaker'stime under the audience participation portion of the agenda as well asinterested parties and citizens testifying at public hearings. The City Clerkshall be responsible for selecting and operating the speaker's timingsystem.

d

e

r.

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042319_Council_Packet.pdf - City of Thornton

Documents

Transcript of 042319_Council_Packet.pdf - City of Thornton