HomeMy WebLinkAboutCouncil Packet 05/23/2011
CITY OF WHEAT RIDGE, COLORADO May 9,2011 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Council Members present: Karen Adams, Joseph DeMott, Karen Berry,
Joyce Jay, Davis Reinhart, Tracy Langworthy, Wanda Sang and Mike Stites. Also present: City Clerk, Michael Snow; City Treasurer, Larry Schulz; City Manager, Patrick Goff; City Attorney,
Gerald Dahl; Administrative Services Director, Heather Geyer; Police Chief, Dan Brennan; Senior Planner, Meredith Reckert; staff and interested citizens. APPROVAL OF MINUTES OF April
25, 2011 Motion by Mrs. Adams for approval of the Minutes of April 25, 2011 ; seconded by Mr. Stites; carried 8-0. PROCLAMATIONS AND CEREMONIES Recognition of Wheat Ridge 2020 Planning
Academy graduates were presented by Mayor DiTullio, Wheat Ridge 2020 Executive Director Britta Fisher, and Director of Real Estate Development Denise Balkas to: Angela Montgomery Brad
Sandler Brian DeLaet Chad Mitchell Christian Tompson Holly Heaton Jerry Roach Megan Aller Milly Nadler Peter Marks Russ Hedden Sheila Elliott Proclamation for Mental Health Month was
read on behalf of Mayor DiTullio by Mrs. Wheat Ridge Karen Thaler. Chris Huser, J.ulie DiTullio and Paul Barnett from Jefferson Center for Mental Health received the proclamation. Mr.
Barnett spoke on the extent of services provided by the organization in the county. Mr. Huser gave details of the amount of referrals that the Center has been receiving and discussed
how these numbers are increasing each year.
City Council Minutes May 9, 2011 Page.2 Proclamation in support of Wheat Ridge High School Charity Concert was read on behalf of Mayor DiTullio by Mrs. Wheat Ridge Karen Thaler. Natalie
Fedak of the Student Senate and Mike Schmidt, a teacher at Wheat Ridge High School were present to accept the proclamation. Mr. Schmidt complimented Natalie for accepting the challenge
of helping others and doing so on a global scale with this project for the children of Guatemala. Proclamation for Emergency Medical Services Week was read on behalf of Mayor DiTullio
by Mrs. Wheat Ridge Karen Thaler. David Patterson with Pridemark Paramedics, Wheat Ridge Fire Assistant Chief Bob Dowling, and Police Chief Dan Brennan received the proclamation. Chief
Dowling invited all to attend a Fire Department Open house Sunday May 15, 2011 from 9:00 am until 12:00 pm at Wheat Ridge Fire District Station 1 at 3830 Upham Street. Proclamation for
National Police Week was read on behalf of Mayor DiTullio by Mrs. Wheat Ridge Karen Thaler. Police Chief Dan Brennan received the proclamation and briefly discussed last Friday when
he was at the State commemoration of Law Enforcement Officer's Week. At the event six officers names were added to the memorial that had been killed in the line of duty. These officers
that were honored were from the most recent deputy from Weld County killed in 2010 to other officers, marshals, and sheriffs in recent years. CITIZENS' RIGHT TO SPEAK Larry Schulz announced
his desire and intent to run for re-election to the office of City Treasurer in November, 2011. Mr. Schulz indicated his goals as Treasurer, should he be re-elected, including an online
program to ease the burden of local businesses in managing City sales taxes and another that would enhance the transparency of city expend itu res. Britta Fisher, Executive Director
of Wheat Ridge 2020 thanked Mayor DiTulliq and City Council for supporting the Wheat Ridge Planning and Development Academy program, which has now graduated over 90 participants to date.
The next next public meeting to discuss street options for the 38th Avenue Revitalization Program is Tuesday, May 17, 2011 from 6:30 pm to 8:30 pm at Wheat Ridge Middle School. Mrs.
Fisher also announced the next Live Local event taking place Thursday, May 1ih from 6:00 pm to 9:00 pm at Wheat Ridge Lanes. APPROVAL OF AGENDA By unanimous consent of Council, the agenda
is amended to move Item 8 -Resolution 11-2011 to be heard under Public Hearings, as Item 5.
City Council Minutes May 9, 2011 Page.3 1. CONSENT AGENDA A. Motion to approve the annual renewal for the licensing and support of the Shoretel Telecommunications System in the amount
of $16,405 payable to OCX. B. Motion to approve the annual support and licensing renewal for the Cartegraph System in the amount of $41,301 payable to Cartegraph, Inc. Consent Agenda
was introduced and read by Mrs. Langworthy. Motion by Mrs. Langworthy for approval of the Consent Agenda; seconded by Mr. Reinhart; carried 8-0. ORDINANCES ON SECOND READING 2. Council
Bill 16-2011 -amending Chapter 2, Article I, of the Wheat Ridge Code of Laws authorizing the City to contract for collection of outstanding debts due to the City. Mayor DiTullio opened
the public hearing. Council Bill 16-2011 was introduced on second reading by Mrs. Jay. City Clerk Michael Snow assigned Ordinance No. 1489. No staff presentation was provided. No citizens
were present to speak. Mayor DiTullio closed the public meeting. Motion by Mrs. Jay to approve Council Bill 16-2011 (Ordinance 1489) on second reading and that if take effect 15 days
after final publication; seconded by Mrs. Sang; carried 8-0. 3. Council Bill 15-2011 -temporarily waiving the City's Two-Cent Sales Tax within the Boundaries of the Longs Peak Metropolitan
District. (Public Hearing continued from April 25, 2011) Mr. Stites read the executive summary of Council Bill 15-2011. Motion by Mr. Stites to continue the hearing of Council Bill 15-2011,
Series 2011 temporarily waiving the City's Two-Cent Sales Tax within the Boundaries of the Longs Peak Metropolitan District until May 23, 2011 at 7:00 p.m. in the City Council Chambers;
seconded by Mr. Adams; carried 8-0.
City Council Minutes May 9, 2011 Page 4 4. Consideration of 1) A motion establishing a Business Development Zone to be known as Reglera Business Development Zone and 2) approving an
agreement to participate in said zone in conjunction therewith. Mayor DiTullio opened the public hearing. The Motion was introduced by Mr. DeMott. No staff presentation was provided.
No citizens were present to speak on this item. Mayor DiTullio closed the public meeting. Motion by Mr. DeMott to designate the property located at 11925 West 1-70 Frontage Road, Wheat
Ridge, CO 80033 a Business Development Zone pursuant to Code Section 22, Division 5; seconded by Mrs. Langworthy; carried 8-0. Motion by Mr. DeMott to approve an Agreement to Participate
with Reglera LLC under the terms of the City's Business Development Zone Program and set the amount of the refund of the eligible use taxes at 50% percent; seconded by Mrs. Langworthy;
carried 8-0. . 5. Resolution 11-2011 -A Resolution approving a 15-Lot Subdivision Plat on property zoned Planned Commercial Development located at 4000 Cabela Drive and 4105 Youngfield
Service Road. (Case No. WS-11-01/Clear Creek Crossing) (Moved from Decisions, Resolutions, and Motions per Council unanimous consent) Mayor DiTullio opened the public hearing. Resolution
11-2011 was introduced by Mr. Stites. Mrs. Reckert, Senior Planner, presented the staff report. Laurie Baker spoke on behalf of Cabela's. Ms. Baker requested Council approve the subdivision
plat which will add 33 acres into the Clear Creek Crossing project area. They are also reconfiguring the lots which will make it a total of 15 lots and 5 tracts. There will be a realignment
of West 40th Avenue and Cabela Drive and the addition of Clear Creek Drive. John Moore with Martin and Martin Consulting Engineers spoke about the reconfiguration of the roadways proposed
in this plat.
City Council Minutes May 9, 2011 Page,S Ted Heyd requested Council request the applicant provide a provision of service for RTD services to the area before a certificate of occupancy
is granted on this development. He asked Council to consider pursuing further talks regarding RTD prior to completion of the project. Mr. Heyd also reviewed the positive developments
Wheat Ridge has made to enhance the public health through healthy eating and active living. Dr. William Gillaspie, a family practice physician at Kaiser Wheat Ridge office on Ward Road
north of 1-70 asked Council to promote physical activities and health at the Clear Creek Crossing center. Dr. Gillaspie felt this could be achieved with trails and walkways that provide
walkability and design friendly spaces for those using the area for physical activity. He stated support for the project from Kaiser Permenente. Mayor DiTullio closed the public hearing.
Motion by Mr. Stites to approve Resolution 11-2011 for the following reasons: 1. All requirements of Article IV of the zoning and development code have been met. 2. It will facilitate
the new development scenario for the property. 3. Planning Commission recommends approval. With the following conditions: 1. A note identifying the use of Tracts B, C and D must be added.
2. The easement note on sheet 1 be modified to indicate that 10' easements are hereby dedicated around the perimeter of lots, tracts, parcels and/or open space areas. 3. Public Works'
comments be addressed prior to plat recordation (Exhibit 4 of Planning Commission staff report). 4. The aO-foot wide ingress/egress easement across Block 1, Lot 2 be reestablished as
previously shown. , 5. A subdivision improvements agreement shall be executed 'for those matters not addressed in the Intergovernmental Agreement with the Longs Peak Metropolitan District.
Seconded by Mrs. Adams; carried 8-0.
City Council Minutes May 9, 2011 Page.6 ORDINANCES ON FIRST READING 6. Council Bill 17-2011 -amending Chapter 26 to support Urban Agricultural uses and activities. Council Bill 17-2011
was introduced on first reading by Ms. Berry. Motion by Ms. Berry to approve Council Bill No. 17-2011, on first reading, order it published, public hearing set for Monday, May 23rd at
7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication, with the following amendment: . • That urban gardens. on residentially-zoned lots where the
primary use is a single-or two:"family home be subject to the Site Plan Review Process, rather than the Special Use Permit Process. Seconded by Mrs. Langworthy and Mr. Reinhart; carried
8-0. 7. Council Bill 18-2011 -adopting amendments to the 2006 International Building Code, as previously adopted by reference, concerning conveyance requirements and certain referenced
standards. Council Bill 18-2011 was introduced on first reading by Mr. Reinhart. Motion by Mr. Reinhart to approve Council Bill No. 18-2011, on first reading, order it published, public
hearing set for Monday, May 23rd at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs. Sang; carried 8-0. 8. Council Bill 19-2011
-amending Section 15-4 of the Wheat Ridge Code of Laws to define "Landscaping" for nuisance enforcement purposes. Council Bill 19-2011 was introduced on first reading by Mrs. Langworthy.
Motion by Mrs. Langworthy to approve Council Bill No. 19-2011, on first reading, order it published, public hearing set for Monday, May 23rd at 7:00 p.m. in City Council Chambers, and
that it take effect 15 days after final publication; seconded by Mrs. Jay; carried 8-0. ELECTED OFFICIALS' MATTERS Mr. Snow announced information regarding the November 1, 2011 election.
One Council Seat in each District is up for election, as well as the office of City Clerk and City Treasurer. The following are important dates for potential candidates: • July 7, 2011
at at 7:00 pm in the City Council Chambers, the City Clerk will hold a Potential Candidates Forum for all citizens, candidates and campaign.officers.
City Council Minutes May 9, 2011 Page.7 Important legal requirements for candidates and campaign finance information will be discussed. • August 2nd -August 22nd is the time period when
potential candidates must collect the required petition signatures in order to be eligible to be on the ballot. Petitions may be picked up at the City Clerk's office beginning 8:00am,
August 2nd and must be returned by 5:00pm, August 22nd . Petitions must have 25 signatures of registered eligible electors. • August 25, 2011 at 6:30 pm in the City Hall Lobby Conference
Room will be further candidate training and lot drawings for name placement on the ballot. Mrs. Langworthy reconfirmed the Fire Department Open house as actually taking place on Saturday
May 14, 2011 from 9:00 am until 12:00 pm at Wheat Ridge Fire Di~trict Station 1 at 3830 Upham Street. Mrs. Langworthy and Mrs. Adams thanked the Police Department for the success of
the Child Safety Day. Mrs. Adams listed the contributors which included Wheat Ridge Police Department, Wheat Ridge Fire Department, Wheat Ridge 2020, Wheat Ridge Cyclery, Wheat Ridge
FOP Lodge 24, Colorado Department of Transportation, 1 st Bank, Exempla Lutheran Medical Center, Hispanidad, and Servicios de la Raza. Mrs. Adams announced the "Hooked on Fishing" event
on Tuesday, June 7th from 8:00 until 12:00 pm for young adults and children. Contact CommL!nity Services Supervisor Mary McKenna at 303-235-2998 for details. Ms. Berry stated it is public
employee's week and complimented the dedicated employees who provide exceptional services to the citizens. Ms. Berry spoke about Sustainable Wheat Ridge, a citizens group that is trying
to promote recycling in the City. Their next meeting is Tuesday May 10th , at 6:45 pm at the Active Adult Center where they'll discuss an e-waste event scheduled for September. Ms. Berry
represents the City of Wheat Ridge at the Colorado Municipal League Policy Committee. The committee is having a meeting this week and Ms. Berry invited Council members who might be interested
to participate on the committee. Mr. Reinhart thanked the Mayors office for sponsoring the City of Wheat Ridge team that is participating in Colfax Relay Marathon this Sunday.
~ ~ " # ~ ~ .r City of ~WheatRi9ge ITEM NO: _1_, DATE: May 23, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 17-2011 AN ORDINANCE AMENDING CHAPTER 26 TO SUPPORT URBAN
AGRICULTURAL USES AND ACTIVITIES rgJ PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS QUASI-JUDICIAL: ISSUE: o ORDINANCES FOR 1ST READING (05/0912011) rgJ ORDINANCES FOR 2ND READING (05/2312011)
o YES In the past year, the City has witnessed an increased interest in the topic of urban agriculture. Planning Division staff has received several inquiries related to urban agriculture,
such as whether community gardens are allowed on vacant lots or backyards and whether greenhouses would be allowed on the same lot as a business or restaurant. For most of these topics,the
current zoning code contains little to no regulations. Due to the large interest in growing and selling produce in the City, the proposed ordinance would amend Chapter 26 to clarify
what urban agriculture uses are allowed in various zone districts. The proposed ordinance establishes where three main uses -urban gardens, farmers' markets, and produce stands -are
allowed and includes minimal regulations for each use. PRIOR ACTION: A presentation on urban agriculture was given to City Council at a Study Session in December, 2010. At that time,
Council gave staff direction to proceed with zoning code amendments that would clarify where urban agriculture uses were allowed. Council recommended a permissive approach that would
allow uses such as produce stands and community gardens in all zone districts. Staff gave an update on the proposed amendments to Council at a Study Session on March 7,2011. At the first
reading for the ordinance on May 9, 2011, City Council approved the ordinance with the condition that urban gardens on residentially-zoned lots where the primary ZOA-II-02
Council Action Form May 23, 2011 Page 2 use is a single-or two-family home be subject to the Site Plan Review Process, rather than the Special Use Permit Process. This change has been
made in the attached ordinance for second reading. Planning Commission discussed the proposed code amendments with staff at a Study Session in January, 2011. At a Public Hearing on April
21, 2011 Planning Commission voted to approve the ordinance with the condition that urban gardens be allowed as a special use (rather than not permitted at all) on residentially-zoned
lots where the primary use is a single-or two-family home. Planning Commission also recommended a modification to the definition of "urban garden," which as been incorporated into the
ordinance. Planning Commission passed a motion recommending that staff consider a substantially reduced special use permit (SUP) fee tor urban gardens that are accessory to a single-or
two-family home, with the intent to encourage urban agriculture in the City and to not create a review process that will be cost-prohibitive. For more discussion of the fee topic, please
see the attached memo. Due to the direction from Planning Commission, staff recommended that urban gardens accessory to single-and two-family homes are subject to the Site Plan Review,
which is less expensive and less timely than the SUP process. City Council included the Site Plan Review as a condition in their approval of the ordinance upon first reading and this
approach has been incorporated into the attached ordinance. Draft meeting notes from tht: April 21 st Planning Commission Public Hearing are included as attachment 3. FINANCIAL IMPACT:
The proposed ordinance is not anticipated to have a direct financial impact on the City. BACKGROUND: In some communities, promoting urban agriculture dates as far back as the 1960s and
1970s, when community gardens first started to form in cities like New York City and Philadelphia. In the past 10 years, however, the trend to produce and sell local food in urban communities
has become ever more prevalent. Urban and suburban communities are drawn to urban agriculture for a variety of reasons, including: • Economic and community development • Environmental
sustainability • Connecting urban dwellers to fresh, healthy food In Wheat Ridge, a community founded on an agricultural past, there is a renewed interest in how agriculture can be integrated
into a largely built-out City. Many residents already have home gardens and there is an existing community garden on City-owned land, called Happiness Gardens. However, there is demonstrated
interest by residents, schools, and business to expand urban agricultural uses -including community gardens, yard sharing, community-supported agriculture (CSA), and roadside produce
stands. The desire for Wheat Ridge residents to access shared gardens, especially if they do not have room on their private lot, is demonstrated by the
Council Action Fonn May 23, 2011 Page 3 Healthy Food Assessment completed by LiveWell Wheat Ridge in 2010 (see results of this assessment in Attachment 2). The intent of the attached
ordinance is to clarify where uses related to growing and selling produce are allowed in the City. Chapter 26 already contains fairly flexible provisions that allow residential homeowners
to keep animals on their property as well as grow and sell produce from their home through a home occupation license. The primary amendments in the ordinance relate to urban gardens,
fanners markets, and produce stands. Based on policy direction received from City Council at a Study Session in December 2010 and from Planning Commission at a Study Session in January
2011, the approach is to be quite pennissive, allowing these uses in all zone districts. . Process Staff started researching zoning regulations related to urban agriculture one year
ago. There is a limited number of jurisdictions in the Denver metro area that have updated their codes to address urban agriculture; Denver has already passed such changes and Lakewood
is currently in the process of updating their code. Thus the majority of staff s research entailed communities throughout the country -including Seattle, Cleveland, Milwaukee, and Kansas
City -that have been recognized for adopting zoning codes that support urban agricultural activities. In drafting the code amendments, Planning staff sought input from relevant City
departments and divisions, including code enforcement officers, the Building Division, and the Parks Department. Staff also utilized real-life inquiries from community members and residents
to test the proposed code. A group of Wheat Ridge residents that are part ofthe Access to Fresh Fruits and Vegetables (AFFV) task force also reviewed and commented on a draft of the
ordinance, providing very helpful feedback to staff. The proposed ordinance also reflects input received from Study Sessions with City Council on December 6, 2010 and March 7, 2011,
as well as a Study Session with Planning Commission on January 6, 2011. Overview of Proposed Ordinance Below please find a summary of the amendments contained in the proposed ordinance.
1. Landscape Definition The definition of landscaping in Section 26-502 is amended to include vegetable plants, to clarify that areas planted as a garden shall qualify as landscaped
area. 2. Home Occupation Regulations The regulations pertaining to home occupations (Section 26-513) are revised to clarify that the sales of produce or other agricultural products made
on-site are allowed to occur outdoors (as opposed to all other home occupations, which must occur indoors). This amendment is intended to allow homeowners to establish temporary produce
stands on their property as a home occupation.
Council Action Form May 23, 2011 Page 4 3. Accessory Building Regulations The definition of an accessory building has been modified to clarify that urban garden uses may have an accessory
structure (such as a shed or greenhouse) even if there is not a primary structure on the lot. 4. Urban Gardens Urban gardens are defmed as an area of land formally managed, organized
and maintained by an individual or group of individuals to grow and harvest food crops and/or non-food ornamental crops, such as flowers. Urban gardens may include community gardens
(typically a non-profit model in which plots are leased for a minimal cost to growers and food is consumed or donated), market gardens (where food grown on site is sold for a profit),
and community-supported agriculture, or CSA, where people purchase shares of produce from a garden or farm. In the proposed ordinance, urban gardens are allowed in all zone districts.
However, prior to establishing such a use, an applicant must first submit to the Community Development Department a packet that includes a site plan and operational information (including
hours of operation and proposed parking areas) for review. The ordinance also establishes some basic regulations for urban garden uses, including: • Signage: each garden would be allowed
one non-illuminated sign up to 6 square feet in size and 5 feet in height • Landscape buffer: a minimum 5-foot planted area is required wherever an urban garden abuts a property with
a residential use • Parking: there is no specific requirement for off-street parking. However, if there is not adequate parking on adjacent streets, then the Community Development Department
may require some on-site parking • Hours of operation: in residential zone districts, hours of operation are restricted to 7 am to sunset (and any exterior lighting must be turned off
at this time) • Structures: structures such as sheds and greenhouses are allowed, but they would need to follow the limits on size and height, as well as setbacks, for accessory structures
in in the property's underlying zone district. As discussed above, urban gardens on residential lots that are accessory to a single-or two-family home are allowed, but the property owner
must complete the Site Plan Review Process for the garden. This additional review is proposed due to concerns about high intensity of use in residential areas and potential negative
impacts, such as traffic, that an urban garden might generate. The intent is that formally managed gardens, typically with an exchange of money through a lease or other mechanism, on
residential lots would require additional review. Informal yard-sharing between neighbors would not qualify as an urban garden and thus a Site Plan submittal to the City would not be
required for such activities.
Council Action Form May 23,2011 Page 5 5. Farmers'Markets The proposed ordinance would allow farmers' markets in any zone district as a primary or accessory use. Markets would not be
allowed as an accessory use on residential properties with a single-or two-family home as the primary use. The proposed language requires a submittal with parking and operational info
to Community Development. This submittal may be part of the typical business license review process since all markets are required to obtain a business license. Under the proposed ordinance,
farmer's markets would be subject to the following regulations: • Signage: each market is permitted one temporary sign or banner up to 50 square feet in size. The sign may only be up
when the market is in operation. . • Hours of operation: in residential zone districts, hours of operation are restricted to 7 am to sunset. • Parking: there are not specific off-street
parking requirements. However, a proposed market must provide parking information to Community Development so it is clear that there is adequate parking provided, whether it be on-site,
on an adjacent site, or on nearby streets. 6. Produce Stands The current zoning code allows for seasonal produce stands in Agricultural zone districts only. The proposed amendments would
allow temporary stands, for up to 6 months per year, in any zone district. This means that homeowners with a home occupation could set up a stand, as could any business or urban garden
in the City. Produce stands do not require a submittal to Community Development, but staff would be able to review each stand as part of the business license review process. Produce
stands would be subject to the following regulations: • Products sold: produce or agricultural products. Products sold at a stand must have been primarily grown, raised, or produced
on the property where the stand is located. • Seasonal operations: stands may be up for a maximum of 6 months each year and must be removed/stored when not in use. • Hours of operation:
in residential zone districts, hours of operation are restricted to 7am to sunset. • Parking: temporary off-street parking should be provided if there is not adequate on-street parking
nearby • Sign age: stands that are home occupations would have to meet home occupation regulations, which allow up to 2 square feet of signage (plus additional square footage for informational
signs for parking, etc). All other stands would be allowed one sign up to 6 square feet in size and 5 feet tall. RECOMMENDATIONS: Staff recommends approval of the ordinance since it
advances the City's goals, established in Envision Wheat Ridge, to support urban agriculture and access to local food. Specifically, under policy Sustainable Future 4.2, Envision Wheat
Ridge recommends that the City revise its
Council Action Form May 23, 2011 Page 6 regulations to allow farmers' market, produce stands, and urban agriculture. The proposed ordinance would fulfill this strategy and help the City
to implement its comprehensive plan. Adoption of the proposed ordinance will allow a variety of urban agricultural uses in Wheat Ridge and enable the community to pursue uses and activities,
such as community gardens and farmers' markets, which will positively impact health, the environment, and community development. RECOMMENDED MOTION: "I move to approve Council Bill No.
17-2011, an ordinance amending Chapter 26 to support urban agricultural uses and activities on second reading and that it take effect 15 days after final publication." Or, "I move to
postpone indefinitely Council Bill No. 17-2011, an ordinance amending Chapter 26 to support urban agricultural uses and activities for the following reason(s) " REPORT PREPARED BY: Sarah
Showalter, Planner II Ken Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 17-2011 2. Summary of Results from LiveWell Wheat Ridge Health Foods Assessment 3.
Memo from Staff Regarding Site Plan Review Fees 4. Planning Commission Meeting Notes from April 21, 2011
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER BERRY COUNCIL BILL NO. 17 ORDINANCE NO. ___ _ Series 2011 TITLE: AN ORDINANCE AMENDING CHAPTER 26 TO SUPPORT URBAN AGRICULTURAL
USES AND ACTIVITIES WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances
for the preservation of the public health, safety and welfare; and WHEREAS, the City's Comprehensive Plan, Envision Wheat Ridge, establishes that the City will work to promote access
to healthy foods and support urban agriculture according to Policy SF 4.2 Accessible Healthy Foods; and WHEREAS, said plan includes the recommendation to "revise regulations to allow
farmers' markets, produce stands and urban agriculture" within the City; and WHEREAS, the City Council of the City of Wheat Ridge wishes to amend the Wheat Ridge Code of Laws (the "Code")
to accomplish these goals. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-123, entitled "Definitions," is amended to review
the definition of "Building, accessory," to read: Building, accessory. A subordinate building or portion of a main building the use of which is incidental to that of the main building
OR USE on the same lot. These accessory buildings shall include, but are not limited to, private storage sheds, detached garages, detached carports, membrane structures that meet current
building code requirements, chicken coops, gazebos, greenhouses and barns. AN URBAN GARDEN USE MAY BUT IS NOT REQUIRED TO HAVE A MAIN BUILDING. EXCEPT FOR URBAN GARDEN USES, An AN accessory
building must be clearly subordinate to a main use BUILDING located on the same lot AND Additionally, an accessory structure shall not be located on a vacant lot devoid of a main building.
Section 2: Section 26-123 of the Code is amended to include the following new definitions in appropriate alphabetical order: Atblchment 1 1
FARMERS'MARKET. A PUBLICLY OR PRIVATELY OPERATED, OPEN-AIR ESTABLISHMENT WHERE PRIMARilY AGRICULTURAL PRODUCTS SUCH AS RAW VEGETABLES, FRUITS, HERBS, FLOWERS, PLANTS, NUTS, HONEY AND
EGGS ARE SOLD. ANY NON-AGRICULTURAL PRODUCT SOLD AT A FARMERS' MARKET MUST HAVE BEEN CREATED BY THE VENDOR SELLING THE ITEM. PRODUCE STAND. A TEMPORARY STRUCTURE AT WHICH AGRICULTURAL
PRODUCTS SUCH AS RAW VEGETABLES, FRUITS, HERBS, FLOWERS, PLANTS, NUTS, HONEY AND EGGS ARE SOLD. VALUE-ADDED AGRICULTURAL PRODUCTS, WHICH ARE MADE FROM RAW AGRICULTURAL PRODUCTS GROWN,
RAISED, OR PRODUCED ON-SITE, SUCH AS JAMS, JELLIES, OilS, VINEGARS, AND CHEESES, MAY ALSO BE SOLD AT PRODUCE STANDS.PRODUCTS SOLD AT PRODUCE STANDS MUST HAVE BEEN PRIMARilY GROWN, RAISED,
OR PRODUCED ON THE SAME PROPERTY WHERE THE STAND IS lOCATED. URBAN GARDEN. AN AREA OF lAND FORMAllY MANAGED, ORGANIZED, AND MAINTAINED BY AN INDIVIDUAL OR GROUP OF INDIVIDUALS TO GROW
AND HARVEST FOOD CROPS ANDIOR NON-FOOD ORNAMENTAL CROPS, SUCH AS FLOWERS. URBAN GARDENS MAY BE DIVIDED INTO SEPARATE PLOTS FOR CULTIVATION BY ONE OR MORE INDIVIDUALS OR MAY BE MAINTAINED
AND CULTIVATED COllECTIVELY. URBAN GARDEN EXAMPLES INCLUDE COMMUNITY GARDENS, WHERE CROPS ARE CONSUMED OR DONATED, MARKET GARDENS, WHERE CROPS ARE SOLD FOR PROFIT, AND COMMUNITYSUPPORTED
AGRICULTURE (CSA), WHERE CROPS ARE SOLD OR DONATED FOR SHAREHOLDER CONSUMPTION. Section 3: The Table of Uses in Section 26-204 of the Code are amended to read: Table of Uses--Residential
TABLE INSET: Uses Notes R-R-R-R-R-R-R-R-1 1A 18 1C 2 2A 3 3A One-family P P P P P P P P dwelling Two-family P P P P dwelling Three-family P P P dwelling Four-family P P P dwelling 2
Uses Notes R-R-R-R-R-R-R-R-1 1A 18 1C 2 2A 3 3A Multifamily P P dwelling Bed and breakfast See § 26-608 S S S S S S S S Church, parish S S S S S S S S house Day care home, S S S S S
S P P large Electric S S S S S S transmission S S substation NOT PERMITTED AS AN ACCESSORY USE ON PROPERTIES WHERE THE PRIMARY USE IS A FARMERS' SINGLE-OR TWO-FAMILY P P P P P P P P
MARKETS HOME. SUBMITTAL TO COMMUNITY DEVELOPMENT DEPARTMENT REQUIRED. SEE § 26-635 Foster care home P P P P P P P P Governmental and quasigovernmental No outside storage P P P P P P
P P buildings, fire stations and public utility buildings Governmental and quasigovernmental Outside storage S S S S S S S S buildings, fire stations and public utility buildings Parking
of Shall be allowed only on lots automobiles of containing nonresidential or P P P P P P P P clients, patients or quasi-public uses, subject to patrons of adjacent § 26-501C.4 commercial
or 3
Uses Notes R-R-R-R-R-R-R-R-1 1A 18 1C 2 2A 3 3A non residential uses Parking of Shall be allowed on lots automobiles of clients, patients or adjacent to business only if S S S S S S
S S patrons of adjacent the business owner also commercial uses owns the adjacent lot Parks Includes: noncommercial P P P playgrounds or other public P P P P P recreation uses SEE §
26-636. WHERE LOCATED ON A LOT WITH A RESIDENTIAL PRODUCE DWELLING UNIT, MUST STANDS MEET HOME P P P P P P P P OCCUPATION REGULATIONS PER § 26-613. Public or private golf courses, Restaurants,
lounges and country clubs or clubs operated for bars permitted as accessory S S S S S S S S the benefit of to a public or private golf members only and course not for gain Public and
private schools, colleges S S S S S S S S and universities. Residential group See § 26-612 S S S S S S S S home for children Residential group homes, nursing homes, and congregate care
See § 26-612 P P P P P P P P facilities for 8 or fewer elderly persons Residential group S S S homes, nursing See § 26-612 S S S S S homes, or 4
Uses Notes R-R-R-R-R-R-R-R-1 1A 18 1C 2 2A 3 3A congregate care facility for 9 or more elderly persons SITE PLAN REVIEW REQUIRED WHERE ACCESSORY TO A URBAN SINGLE-OR TWO-FAMILY GARDENS
HOME. SUBMITTAL TO P P P P P P P P COMMUNITY DEVELOPMENli DEPARTMENT REQUIRJ;.D. SEE § 26-637 Wind powered S S S S S S S S electric generators Not in excess of 35 feet TABLE INSET: Accessory
Uses For Notes Residential Districts Bee keeping See § 26-603 and 607 Ancillary uses operating within a church's primary e.g.: Day care centers, scout meetings structure Home occupations,
INCLUDING PRODUCE See § 26-613 AND § 26-636 FOR PRODUCE STANDS ST~NDS See § 26-123; 605 (excludes keeping of swine); 606. Accessory buildings shall not be located on a vacant lot Accessory
buildings devoid of any primary or main building, EXCEPT FOR URBAN GARDEN USES, WHICH MAY OR MAY NOT HAVE_A PRIMARY OR MAIN BUILDING. NOT PERMITTED AS AN ACCESSORY USE ON FARMERS MARKETS
PROPERTIES WHERE THE PRIMARY USE IS A SING.b~-OR TWO-FAMI~Y HOME. SEE § 26-635 Household pets, limited to no more than 3 dogs and 4 Plus their unweaned offspring cats 5
Accessory Uses For Notes Residential Districts Private swimming pools and tennis courts and other See § 26-603 recreational facilities Public and private communications towers, For satellite
earth receiving stations, see § 26-616 and § television or radio antennas 26-617 Public utility lines and poles, irrigation channels, storm drainage and water supply facilities Rooming
and/or boarding of On a contract basis for not less than 7 days not more than 2 persons SITE'PLAN REVIEW REQUIRED ON PROPERTIES URBAN GARDENS WHERE THE PRIMARY USE IS A SINGLE-OR TWOFAMIL
Y HO~E. SEE § 26-637 Water towers or Not in excess of 35 feet aboveground reservoirs Table of Uses--Agricultural and Public Facilities TABLE INSET: Uses Notes A-APF 1 2 Bed-and-breakfast
Subject to requirements set forth in § S S 26-608 Cemeteries and crematories Not including funeral homes S S Churches parish houses S S Day care home, large S S Day care center, large
S S Day care center, small S S 6
Uses Notes A-A-1 2 PF Provided that outside runs which are Dog kennels, catteries, adjacent to residentially zoned or S S veterinary hospitals used property are no closer than 25 feet
to a side or rear lot line Electric transmission S S substations PROHIBITED in A-1: The raising or General farming and raising or keeping of swine INCLUDED in A-2: The keeping of keeping
of stock, bee keeping, swine and/or potbellied pigs, Sus P P poultry or small animals such as Scrofa Vittatus, except such animals rabbits or chinchillas shall not be fed garbage SUBMITTAL
TO COMMUNITY FARMERS'MARKETS DEVELOPMENT DEPARTMENT P P P REQUIRED. SEE § 26-635 Foster care home P P Fish hatcheries P P Governmental and quasi-No outside storage governmental buildings,
fire P P stations and public utility P buildings Governmental and quasigovernmental buildings, fire Outside storage S S stations and public utility P buildings Greenhouses and landscape
nurseries, including both See § 26-624 P P wholesale and retail sales of related products One-family dwelling P P Parks Includes noncommercial playgrounds P P P 7
Uses Notes A-A-1 2 PF or other public recreation uses SEE § 26-636. WHERE LOCATED ON A LOT WITH A RESIDENTIAL PRODUCE STANDS DWELLING UNIT, MUST MEET P P P HOME OCCUPATION REGULATIONS
PER § 26-613. Public and private schools, In public facility district only public S S P colleges, and universities schools Public or private golf courses, Not including a private club
which country clubs or clubs operated provides service customarily carried S S for the benefit of members only on as a business and not for gain Race track, fair grounds, S S amusement
resorts, heliports, radio towers and stations Residential group homes for 8 See § 26-612 P P or fewer elderly persons Residential group or nursing homes, or congregate care See § 26-612
S facilities for 9 or more elderly persons Residential group homes for See § 26-612 S children Provided that any structure housing Riding academies and public animals which is adjacent
to a P P residentially zoned or used property stables shall be no closer than 25 feet to a side or or rear lot line RaaEisiEle stanEis feF PFaviEleEi SYGh stanEis aFe laGateEi apeFatian
feF nat maFe than 6 na less than 30 feet fFam any manths peF yeaF feF the sale stFeet, high,.vay aF Fight at: 'iWJY P-Pat: faFm pFaElYGts pFaElYGeEi aF line, anEi that tempaFaFY aft:
stFeet maEle an the pFemises. paFking is pFa~iEleEi SUBMITTAL TO COMMUNITY URBAN GARDENS DEVELOPMENT DEPARTMENt P P P REQUI~D. SEE § 26-637 Wind-powered electric S S 8
A-AUses Notes PF 1 2 generators not in excess of 35 feet. TABLE INSET: Agricultural and Public Facilities Notes Districts Accessory Uses Home occupations, INCLl)DING Meeting the definition
and standards.in § 26-613 AND, FOR PRODUCE STANDS, § 26-PRODUCE STANDS 636 Detached private garage or carport FARMERS MARKETS SEE § 26-635 Household pets, limited to no more than Plus
their unweaned offspring 3 dogs and 4 cats Parking of equipment, implements, machinery and/or large trucks, trailer~ and semi-tractor trailers, when used In support of agricultural and
public maintenance operations Private storage sheds, barns, animal shelters or outbuildings Private swimming pools and tennis See § 26-603 for related requirements courts Public utility
lines and poles, irrigation Includes other similar facilities such as channels, storm drainage and water electric transmission lines and poles supply facilities Includes other similar
communications Public and private communications receiving or sending devices. None may exceed exceed 35 feet in height, whether ground or towers, television or radio antennas structurally
mounted. For satellite earth receiving stations, see § 26-616 and 26-617 Rooming and/or boarding for not more On a contract basis for not less than 7 days than 2 persons URBAN GARDENS
SEE § 26-637 Water towers or above ground Not in excess of 35 feet reservoirs 9
Table of Uses--Commercial and Industrial Districts TABLE INSET: Uses Notes NC RC C-CI 1 2 Adult entertainment In accordance with Wheat P P P establishments Ridge Code of Laws, Chapter
3 Ambulance services P P P P Amusement parks S P P Animal veterinary hospitals With outside runs; no P P and clinics cremation Animal veterinary hospitals Where there are no outside
S P P P P pens or runs for dogs; no or clinics cremation In NC & RC Districts: Provided S P P P P Antique stores that no more than 200 square feet of building area shall be allocated
to repair Apparel and accessory See Footnote 1 S P P P P stores Appliance stores and P P P incidental service and repair Art galleries or studios See Footnote 1 P P P P P Assembly halls
and P P P convention facilities Auction houses S P P Auto service, repair and P P P maintenance shops, minor See § 26-631 Auto service, repair and S P P maintenance shops, major See
§ 26-631 10
Uses Notes NC RC C-C-1 2 I Automobile and light-duty See § 26-628 S S S truck sales and rental Automotive parts and P P P supplies sales Bail bonds businesses See Footnote 2. See § 26-634
P P for distance requirements. Bakeries, retail See Footnote 1 S P P P P Banks, loan and finance See § 26-633 P P P P P offices Bed and breakfast homes Subject to requirements set P
P P P P forth in § 26-608. Bicycle stores See Footnote 1 S P P P P Blueprinting, photostatic EXCLUDING: Large printing, S P P P P copying and other similar publishing and/or book binding
reproduction services establishments See Footnote 1 Boat, recreational vehicle S S S and trailer sales, rentals See § 26-628 and service Body art establishments S S S Book stores, stationery
and See Footnote 1 S P P P P card stores Building contractor's service S P P shop and storage yard incidental to an See § 26-629 office/showroom principal use. Business machine or See
Footnote 1 S P P P P computer stores Butcher shops and food EXCLUDING: Food P P P lockers processing 11
Uses Notes NC RC C-CI 1 2 Cabinet and woodworking S shops Camera and photographic See Footnote 1 S P P P P service and supply stores Candy, nut and See Footnote 1 S P P P P confectionery
stores Caretaker residence Only one (1) unit for caretaker P P P P or manager Carpet cleaning and S fumigating Carting, express, hauling or S storage yard Car wash, automatic S p P Car
wash, coin operated S p P Caterers p p p Day care center, large p p p Day care center, small p p p Clinics and offices for the C-1, C-2 & I INCLUDE: S P P P P counseling and treatment
of Residential facilities. psychological, social, NC & RC EXCLUDES: marital, developmental or Residential facilities similar conditions, excluding substance abuse ALL districts INCLUDE:
clinics Counseling and treatment for alcoholism Cold storage plant p p Commercial machine S P P shops 12
Uses Notes NC RC C-CI 1 2 e.g.: YMCA's, YWCA's, P P P P P Community buildings churches, libraries, parks, museums, aquariums and art galleries. Construction and heavy P P equipment sales,
service, See § 26-629 rental and storage Contractor's plant or S storage yard Dairy products stores See Footnote 1 S P P P P Day care center and P P P preschools, large Day care center
and P P P preschools, small Department or variety P P P stores Drug stores p p p Eating establishments, S S S S S drive through Eating establishments, sit S P P P P down Electric transmission
and S S S S S public utility substations Electrical motors and S armature regrinding shops Electrical supplies and EXCLUDING: Contractors P P P service storage yards Equipment rental
Subject to § 26-628; in RC P P P P District: Outside storage and agencies display prohibited Exterminators p p p p 13
Uses Notes NC RC C-c-I 1 2 Farm equipment sales, See § 26-628 P P service and storage SUBMITTAL TO P P P P P COMMUNITY FARMERS'MARKETS DEVELOPMENT DEPARTMENT REQUIRED. SEE § 26-635 Floral
shops See Footnote 1 S P P P P Furniture stores P P P Garden supply stores See Footnote 1 S P P P P Gift, novelty or souvenir See Footnote 1 S P P P P stores INCLUDES: Private clubs,
P P P restaurants and lounges, driving ranges, and those uses Golf courses commonly accepted as accessory thereto when located on the same premises Governmental and quasi-P P P P P governmental
buildings and No outside storage offices, fire stations or public utility buildings Governmental and quasi-S S S P P governmental buildings and Outside Storage offices, fire stations
or public utility buildings Greenhouses and S S P P P landscape nurseries, retail See § 26-624 Greenhouses and S P P landscape nurseries, See § 26-624 wholesale Grocery or convenience
See Footnote 1 P P P P P 14
Uses Notes NC RC C-CI 1 2 stores, no gas pumps Grocery stores which may S S S P P include no more than 1 gasoline service island with See Footnote 1 no more than 2 dispensing pumps Hair,
nail and cosmetic P P P P P services Hardware stores See Footnote 1 S P P P P Hobby and craft stores See Footnote 1 S P P P P Home furnishing stores P P P Home improvements P P P supply
stores Hotels or motels for There shall be 1,000 square S S S transient occupancy. feet of gross lot area for each unit Ice plants P P Indoor amusement and e.g.: Roller rinks, bowling
P P P recreational enterprises alleys, arcades and similar uses Indoor flea markets PROHIBITED: Outdoor flea P P P markets Interior decorating shops S P P P P Itinerant sales See § 26-630
S S S Jewelry stores See Footnote 1 S P P P P Kennels S Laundry and dry cleaning S S P P P 15
Uses Notes NC RC C-C-1 2 I shops Laundry and dry cleaning P P P P P pick up stations Leather goods and luggage P P P stores Linen supply P P P Liquor stores P P P Locksmith shops P P
P P P Unenclosed storage of any P P P Lumber yards and building materials shall be screened supply stores from view from adjacent properties and streets PROVIDED: An antidote S exists
and is readily available for such vaccine, serums or Manufacture of vaccines, toxins; and approval of such serums and toxins manufacture is received from the state department of health
and the county health department Manufacturing, processing, See § 26-505; § 26-631 and § P P assembly, or light industrial 26-123, definitions operations Manufacturing, fabrication S
and/or processing of concrete products See Chapter 11, Article 10 P P P P P Massage therapist Code of Laws for additional restrictions See Chapter 11, Article 10 P P P P P Massage therapy
center Code of Laws for additional restriction Meat, poultry or seafood See Footnote 1 S P P P P 16
16 Uses Notes NC RC C-C-1 2 I stores Medical and dental offices, P P P P P clinics or laboratories, Pharmacies and optical stores excluding substance abuse are accessory use clinics
Mini-warehouses for inside P P storage Mobile or modular homes See § 26-628 S S or building sales Mortuaries and S S S crematories Motor fueling stations S P P Motorcycle sales and See
§ 26-628 P P P service Music stores See Footnote 1 S P P P P Newsstands For the sale of newspapers, P P P P P magazines, etc. Office supply stores See Footnote 1 S P P P P Offices: General
P P p . P P administrative, business and professional offices Optical stores See Footnote 1 S P P P P Outdoor amusement S P P facilities Paint and wallpaper stores See Footnote 1 P P
P P Parking of automobiles of P P P P P clients, patients or patrons Subject to § 26-501 C.4 of adjacent commercial or nonresidential uses Parking of not more than 3 See § 26-619; §
26-123, S S S 17
Uses Notes NC RC C-C-1 2 I commercial truck-tractors definitions and/or semi-trailers When in conformance with the parking design standards set forth in § 26-501 It is not intended that
such parking limitations shall apply to pickup and delivery trucks normally associated with business operations Pawn shops S Pet stores See Footnote 1 S P P P P Pharmacies S P P P P
Picture framing shops See Footnote 1 S P P P P Plumbing and heating EXCLUDING: Outdoor storage P P P supply stores and shops yards Printing, engraving and S other related production
processes Private clubs, social clubs, -P P P bingo parlors and similar uses PRODUCE STANDS SEE § 26-636 P P P P P Psychic advisors and S S S P similar uses Research laboratories, P
P offices and other facilities for research Residential group and P P P P P nursing homes and congregate care facilities for 8 or fewer elderly 18
Uses Notes NC RC c-c-I 1 2 persons Residential group and S S S nursing homes and congregate care facilities for 9 or more elderly persons Residential group home for S S S children Such
residential uses may be P P P P P Residential uses in extended, enlarged, and/or existence on 3/11/97 reconstructed so long as no additional dwelling units are created Residential uses
in See § 26-626 P P P P P commercial zones Rooming and S S P P P boardinghouses RV, boat, trailer and travel See § 26-628 P P trailer storage Sales, repair, rental and P P servicing
of any commodity that the manufacture, fabrication, processing or sale of which is permitted in the district Schools for industrial or S S business training, including Conducted entirely
within an vocational trade or enclosed building professional schools INCLUDES: Those uses S S S P P Schools: public; private commonly accepted as necessary thereto when colleges and
universities located on the same premises Shoe repair shops p P P P P Shoe stores See Footnote 1 S P P P P 19
Uses Notes NC RC C-C-1 2 I Shops for custom work or P P for making articles, materials or commodities to See § 26-631; § 26-632 be sold at retail on the premises In accordance with Wheat
P . P P Social club Ridge Code of Laws, Chapter 11, Article XI Sporting goods stores See Footnote 1 S P P P P Stone cutting or polishing P P works Studio for professional work P P P
P P or teaching of fine arts, photography, music, drama or dance Substance abuse clinics S S P Tailor, dressmaking or P P P P P clothing alteration shops Taverns, night clubs, P P P
lounges, private clubs and bars Television, radio, small S P P P P appliance repair and See Footnote 1 service shops Temporary Christmas tree, P P P P produce and bedding plant See §
26-627 sales lots Theatres, indoor p p P Tobacco stores See Footnote 1 S P P P P Toy stores See Footnote 1 S P P P P 20
Uses Notes NC RC C-C-1 2 Transit station, public or S S private SUBMITTAL TO P P P P COMMUNITY URBAN GARDENS DEVELOPMENT DEPARTMENT REQUIRED. SEE § 26-637 Upholstery shops P P Video
rentals See Footnote 1 S P P P Warehousing and outside See § 26-631 P storage Maximum 75% total area as S P Warehouse/office warehouse; minimum 25% as total area as office Watch and
jewelry repair P P P P shops Woodworking or carpentry S P shops for the making of articles for sale upon the See § 26-632 premises, such as cabinets or custom furniture Footnote: 1 The
amount of building space devoted to retail use is limited to 5,000 square feet in NC and RC Districts. I S P P P P P P P 2 In addition to being allowed as a Permitted Principal Use in
the C-2 and I zone districts, bail bonds businesses may be permitted in Planned Industrial Development districts if approved as part of an Outline Development Plan (ODP) and in conformance
with the requirements of Code section 26-634. TABLE INSET: Commercial and Industrial District Accessory Notes Uses Accessory buildings and structures See § 26-625 Electric transmission
or other public utility lines and poles, irrigation channels, storm 21
drainage and water supply facilities FARMERS'MARIiETS Food services PRODUCE STANDS Residential uses in commercial zones Outside storage or display URBA"! gARDENS Key: P = Permitted Principal
Uses S = Special Uses SEE § 26-635 Primarily for the occupants of a building containing a permitted use when located within the same building SEE § 26-636 See § 26-626 See § 26-631 SEE
§ 26-637 Section 4: Section 26-502 of the Code is amended to read: Sec. 26-502. Landscaping requirements. A. Landscaping defined: A combination of living plants, such as trees, shrubs,
vines, groundcover, flowers, VEGETABLE PLANTS, sod or grass; and may include natural features, such as rock, stone and bark; and structural features, including, but not limited to, fountains,
reflecting pools, art work, screen walls, fences and benches. Uncontrolled weeds shall not be considered as landscaping; however, maintained natural grasses and natural flowers may be
considered as landscaping. Sidewalks, whether paved or gravel, which serve as functional links between parking areas and main structures, or which serve as general public access routes
around a main structure, or between a main structure and a public street or alley, shall not be counted as landscaping. Other sidewalks or paths which serve as casual access to or through
landscape areas may be counted a nonliving landscape features. . Section 5: Section 26-613 of the Code is amended to read: Sec. 26-613. Home occupations. A. Home occupation. Home occupations
are permitted as accessory uses to any conforming (as to use) residential dwelling; provided, however, that the following requirements are met: 1. Such use shall be conducted entirely
within a dwelling or accessory structure except for sales of plants,-ami produce, OR OTHER AGRICULTURAL PRODUCTS grown, RAISED, OR PRODUCED on the premises and carried on only by the
inhabitants living there, with the exception that should the operator be substantially, physically handicapped a nonresident may be employed to assist 22
the operator in his work to the extent he requires it to make up for his physical handicap. 2. Not more than one (1) employee may live off-premises. 3. Such use shall be clearly incidental
and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof. 4. The total area used for said purposes shall not exceed twenty-five (2S)
percent of the gross floor area of the user's dwelling unit. S. No sign ad'lertising the home oGGupation shall be permitted. EACH HOME OCCUPATION IS PERMITTED TO HAVE ONE NON-ILLUMINATED
SIGN UP TO 2 SQUARE FEET IN SIZE. THE SIGN MAY BE FREESTANDING OR WALL-MOUNTED. SEE SECTION 26-709. 11. Home occupations are limited to the following business or commercial activities:
a. Craft work, such as the making of pottery, jewelry or dolls, flower arranging, smithing and woodworking. b. Garment work, such as tailoring, dressmaking, millinery work, ironing and
garment repair. c. Office uses, such as office uses for door-to-door, home party and telephone telephone solicitation sales, investment counseling, typing, notary public, travel services,
surveyors, physicians, dentists, lawyers, accountants, architects, engineers and other similar services. d. Repair services for electronics, small appliances, and mechanical devices,
bicycles and upholstery. e. Tutoring, music lessons, dance lessons, gymnastics lessons, swim lessons and tennis lessons. f. Artistic endeavors, such as art studios, portrait studios,
photography studios, writing and lithography. g. Garage sales, not to exceed four (4) three-day periods, which need not be consecutive, per calendar year. h. Hair care services carried
on by only one (1) inhabitant of the dwelling. No other employee shall be permitted. i. Small day care home. j. Sales directly related but merely ancillary to the primary home occupation,
such as: (1) Sale of hair care products by a beautician or barber. (2) Sale of accompaniment items, such as neckties, bows, ribbons or belts for a tailor or dressmaker. (3) Sale of component
component parts or accessories used in repair services for electronics, small appliances, bicycles, etc. (4) Supplies related to a class, course of instruction, or lessons conducted
on the site. (S) Sale of artistic or craft works which were created on the site, such as pottery, jewelry, dolls, portraits, paintings, sculptures, etc. 23
(6) Sale of plants and praduGe grawn an the premises AGRICULTURAL PRODUCTS GROWN, RAISED OR PRODUCED ON THE PREMISES. AGRICULTURAL PRODUCTS INCLUDE RAW VEGETABLES, FRUITS, HERBS, FLOWERS,
PLANTS, NUTS, HONEY AND EGGS. VALUE-ADDED AGRICULTURAL PRODUCTS, WHICH ARE MADE FROM RAW AGRICULTURAL PRODUCTS GROWN, RAISED, OR PRODUCED ON SITE, SUCH AS JAMS, JELLIES, OilS, VINEGARS,
AND CHEESES, MAY ALSO BE SOLD. THE SALE OF AGRICULTURAL PRODUCTS AND VALUE-ADDED AGRICULTURAL PRODUCTS MAY BE CONDUCTED OUTDOORS AS A PRODUCE STAND USE. Section 6: Sections 26-635,26-636,
and 26-637 are hereby added to Article VI" Supplementary Regulations: SECTION 26-635 FARMERS' MARKETS. FARMERS' MARKET USES, AS DEFINED IN SECTION 26-123 AND WHERE AllOWED PER SECTION
26-204, SHAll COMPLY WITH THE FOllOWING REGULATIONS. A. TEMPORARY CANOPIES: TEMPORARY CANOPIES MAY BE AllOWED IN ORDER TO PROVIDE PROTECTION FROM THE ELEMENTS FOR BOTH THE OPERATORS
AND PRODUCTS. B. SIGNAGE: A FARMERS' MARKET IS PERMITTED TO HAVE ONE TEMPORARY SIGN OR BANNER, BANNER, WHICH IS NON-IllUMINATED AND NO GREATER THAN 50 SQUARE FEET IN SIZE. SUCH SIGN
OR BANNER MUST BE lOCATED ON THE PREMISES AND MAY ONLY BE DISPLAYED WHEN THE MARKET IS IN OPERATION. C. HOURS OF OPERATION: IN RESIDENTIAL ZONE DISTRICTS, HOURS OF OPERATION FOR FARMERS'
MARKETS SHAll BE RESTRICTED FROM 7 A.M. TO SUNSET. D. SUBMITTAL TO COMMUNITY DEVELOPMENT DEPARTMENT: A SUBMITTAL WITH OPERATIONAL INFORMATION INCLUDING HOURS AND DAYS OF OPERATION, A
PARKING PLAN, AND WRITTEN APPROVAL FROM THE OWNER OF THE PROPERTY WHERE THE FARMERS' MARKET Will OCCUR, IS REQUIRED FOR REVIEW AND APPROVAL BY
THE COMMUNITY DEVELOPMENT DEPARTMENT. SUCH SUBMITTAL MAY BE SUBMITTED AND REVIEWED THROUGH THE BUSINESS LICENSE APPLICATION PROCESS, AS REQUIRED PER CHAPTER 11, ARTICLE 2 OF iTHE CODE
OF lAWS. SECTION 26-636 PRODUCE STANDS. PRODUCE STANDS, AS DEFINED IN SECTION 26-123 AND WHERE AllOWED PER SECTION 26-204, SHAll COMl:'l Y WITH THE FOllOWING REGULATIONS. 24
A. LOCATION: PRODUCE STANDS MUST BE LOCATED ON PRIVATE PROPERTY. B. PRODUCTS SOLD: AGRICULTURAL PRODUCTS SUCH AS RAW VEGETABLES, FRUITS, HERBS, FLOWERS, PLANTS, NUTS, HONEY AND EGGS
ARE SOLD. VALUE-ADDED AGRICULTURAL PRODUCTS, WHICH ARE MADE FROM RAW AGRICULTURAL PRODUCTS GROWN, RAISED, OR PRODUCED ON-SITE, SUCH AS JAMS, JELLIES, OILS, VINEGARS, AND CHEESES, MAY
ALSO BE SOLD AT PRODUCE STANDS. PRODUCTS SOLD AT PRODUCE STANDS MUST HAVE BEEN PRIMARILY GROWN, RAISED, OR PRODUCED ON THE SAME PROPERTY WHERE THE STAND IS LOCATED. C. SEASONAL OPERATIONS:
PRODUCE STANDS MAY OPERATE FOR UP TO 6 MONTHS OF THE YEAR. WHEN THE PRODUCE STAND IS NOT IN USE, IT MUST BE REMOVED AND STORED INDOORS. D. HOURS OF OPERATION: IN RESIDENTIAL ZONE DISTRICTS,
HOURS OF OPERATION SHALL BE RESTRICTED FROM 7 A.M. TO SUNSET. E. HOME OCCUPATION REQUIREMENT: WHERE A PRODUCE STAND IS LOCATED ON A PROPERTY WITH A RESIDENTIAL DWELLING UNIT, IT SHALL
QUALIFY AS A HOME OCCUPATION AND MUST COMPLY WITH THE REGULATIONS IN SECTION 26-613. F. SIGNAGE: PRODUCE STANDS OPERATING AS HOME OCCUPATIONS SHALL BE ALLOTTED ONE NON-ILLUMINATED SIGN
UP TO 2 SQUARE FEET IN SIZE, AS DEFINED IN SECTION 26-709. ALL OTHER PRODUCE STANDS ARE PERMITTED TO HAVE ONE NON-ILLUMINATED SIGN UP TO 6 SQUARE FEET IN SIZE WITH A MAXIMUM HEIGHT OF
5 FEET. THE SIGN MAY NOT BE DISPLAYED WHEN THE STAND IS NOT IN OPERATION. G. PARKING: TEMPORARY ON-STREET PARKING IS REQUIRED IF THERE IS NOT ADEQUATE ON-STREET PARKING ON ADJACENT STREETS.
SECTION 26-637 URBAN GARDENS. URBAN GARDENS, AS DEFINED IN SECTION 26-123 AND WHERE ALLOWED PER SECTION 26-204, SHALL COMPLY WITH THE FOLLOWING REGULATIONS. A. SIGNAGE: EACH URBAN GARDEN
IS PERMITTED ONE NON-ILLUMINATED SIGN UP TO 6 SQUARE FEET IN SIZE, WITH A MAXIMUM HEIGHT OF 5 FEET. B. LANDSCAPE BUFFER: WHERE URBAN GARDENS DIRECTLY ABUT A RESIDENTIALLY OR AGRICULTURALLY
ZONED LOT WITH A RESIDENTIAL USE, THERE SHALL BE A MINIMUM 5-FOOT LANDSCAPED 25
BUFFER BETWEEN THE GARDEN OR FARM AREA AND THE PROPERTY LINE. C. PARKING: ON-SITE PARKING MAY BE REQUIRED IF THERE IS NOT ADEQUATE ON-STREET PARKING ON ADJACENT STREETS. A PARKING PLAN
SHALL BE INCLUDED IN THE SUBMITTAL TO THE COMMUNITY DEVELOPMENT DEPARTMENT, AS REQUIRED IN G. BELOW. WHERE ONSITE PARKING IS PROVIDED, THE AREAS USED FOR PARKING AND ACCESS TO PARKING
SHALL BE SURFACED WITH DURABLE AND DUSTLESS MATERIALS INCLUDING CONCRETE, ASPHALT, COMPACTED CRUSHED STONE, COMPACTED GRAVEL, RECYCLED ASPHALT, OPEN AND CLOSED PAVERS OR SIMILAR MATERIALS.
THE PARKING AREA SHALL BE BUILT"SO THAT MATERIALS USED IN THE PARKING SURFACE STAY CONTAINED WITHIN THE PARKING PAD, THROUGH THE USE OF CURBS, RAILROAD TIES, ETC. D. PERMITTED STRUCTURES:
PRIMARY AND ACCESSORY STRUCTURES ARE ALLOWED. ACCESSORY STRUCTURES SUCH AS SHEDS AND GREENHOUSES ARE PERMITTED WHETHER OR NOT THE LOT CONTAINS A PRIMARY OR MAIN STRUCTURE. ALL STRUCTURES
SHALL COMPLY WITH THE REGULATIONS FOR PRIMARY AND ACCESSORY STRUCTURES, INCLUDING MAXIMUM MAXIMUM SIZE, HEIGHT, AND SETBACKS, FOR THE PROPERTY'S ZONE DISTRICT. E. HOURS OF OPERATION:
IN RESIDENTIAL ZONE DISTRICTS, URBAN GARDENS ARE PERMITTED TO OPERATE FROM 7 A.M. TO SUNSET AND ANY EXTERIOR LIGHTING MUST BE SHUT OFF AT SUNDOWN. EXTERIOR LIGHTING IN ALL ZONE DISTRICTS
SHALL COMPLY WITH THE EXTERIOR LIGHTING STANDARDS IN SECTION 26-503. F. SUBMITTAL TO COMMUNITY DEVELOPMENT DEPARTMENT: A SUBMITTAL WITH A SITE PLAN (INCLUDING ANY EXTERIOR LIGHTING AND
MECHANICAL. EQUIPMENT/UTILITIES), MANAGEMENT PLAN, AND OPERATIONAL INFORMATION INCLUDING HOURS AND DAYS OF OPERATION AND A PARKING PLAN IS REQUIRED FOR REVIEW AND APPROVAL BY THE COMMUNITY
DEVELOPMENT DEPARTMENT PRIOR TO OPERATION. G. URBAN GARDENS ACCESSORY TO SINGLE-OR TWO-FAMIL Y HOMES: IN RESIDENTIAL ZONE DISTRICTS WHERE AN URBAN GARDEN IS ACCESSORY TO A SINGLE-OR
TWO-FAMILY HOME, THE PROPOSED URBAN GARDEN MUST FOLLOW THE SITE PLAN REVIEW PROCESS PER SECTION 26-111. 26
Section 7: The Table of Uses in Section 26-1111 of the Code are amended to read: Permitted Uses Use Group MU-C MU-C MU-C TOD MU-N Interstate Residential Assisted living facility P P
P P Dwelling, single detached NP NP NP P Dwelling, single attached P P P P Dwelling, duplex P NP NP P Dwelling, multiple P P P P Dwelling, live/work P P P P' Foster care home NP NP NP
P Residential group home P P P P Public, Civic, and Institutional Community buildings and cultural facilities, including libraries, P P P P museums, and art galleries Hospital C C C
NP Parks, open space, playgrounds, P P P P and plazas Place of worship P P P P Public uses and buildings P P P P Recreation facilities, indoor and P P P P outdoor Schools, public and
private; colleges, universities, and trade P P P P schools Utilities, major NP NP NP NP Utilities, minor P P P P URBAN GARDENS (SUBMITTAL REQUIRED TO COMMUNITY P P P ~ DEVELOPMENT DEPARTMENT.
SEE §26-637) Transit stations, public or private C C C C Commercial Services and Retail Adult entertainment NP NP NP NP Animal daycare, indoor with no P P P P outdoor runs or pens Bail
bonds (per §26-634) C C NP NP Banks and financial institutions, P P P P no drive-through or drive-up Banks and financial institutions, C P C C with drive-through or drive-up 27
Permitted Uses Use Group MU-C MU-C MU-CTOD MU-N Interstate Bars, taverns, and night clubs P P P P Bed and breakfast P P P P Car washes NP C NP NP Day care center, child and adult P P
P P Drive-up or drive-through uses C P C C (per §26-11 06.E) Eating establishment, sit down P P P P Eating establishment, drive-C P C C through or drive-up Fast food eating establishment,
C P C C drive-through or drive-up Motor fueling stations C C NP C Motor vehicles sales, outdoor NP NP NP NP display Motor vehicle sales, indoor display P P C C Outdoor storage NP NP
NP NP Pawn brokers NP NP NP NP Personal services P P P P Photocopying and printing P P P P PRODUCE STANDS (SEE §26-636 AND §26-613 FOR HOME P P P P OCCUPATIONS) Recreation facilities,
commercial P P P P Repair, rental and servicing of C P C C automobiles, no outdoor storage Retail sales -up to 20,000 gsffor P P P P one tenant space Retail sales -up to 60,000 gsf for
one tenant space P P C C Retail sales -over 60,000 gsf for C one tenant space C NP NP URBAN GARDENS ((SUBMITTAL REQUIRED TO COMMUNITY p P P P DEVELOPMENT DEPARTMENT. SEE §26-637) Veterinary
clinics and hospitals, P P P P no outdoor runs or pens Hospitality and Entertainment Art studios and galleries P P P P 28
Permitted Uses Use Group MU-C MU-C MU-CTOD MU-N Interstate Hotels, motels, and extended stay P P P P lodging Studios, including art, music, dance, television and radio P P P P broadcasting
stations Theaters P P P P Office and Industrial Medical and dental clinics P P P P Offices P P P p . Office-warehouse, no outdoor C C C NP storage Outdoor storage NP NP NP NP Restricted
light industrial C C C NP Wholesale C C C C Ancillary Uses Parking facilities P P P P Temporary Uses Special events, including festivals and farmers markets. FOR P P P P FARMERS' MARKETS,
SEE § 26-635 Key: P = Permitted .. C = Conditional Use (see § 26-1117) NP = Not Permitted Section 8: Table 1 in Section 26-709 of the Code is amended to include the following sign types:
TABLE INSET: TABLE 1. SIGN STANDARDS IN RESIDENTIAL, AGRICULTURAL, AND PUBLIC FACILITIES ZONES (R-1 , R-1A, R-1B, R-1C, R-2, R-2A, R-3, R-3A, A-1 , A-2, PF) MAXIMUM MAXIMU MINIMU OTHER
TYPE OF ALLOWE PERMIT SIZE AND M M REQUIREMENT SIGN D REQUIRED HEIGHT PER NUMBER SETBAC SETBAC SIGN K S 13. Miscellaneous MAY NOT BE Q. NO LARGER 1 PER ILLUMINATED. FARMER YES THAN 50
FARMER MAY ONLY BE S' NO SQUARE S' NONE ON DISPLAY MARKET FEET. MARKET WHEN THE SIGN MARKET IS IN OPERATION. 29
TABLE 1. SIGN STANDARDS IN RESIDENTIAL, AGRICULTURAL, AND PUBLIC FACILITIES ZONES (R-1 , R-1A, R-1B, R-1C, R-2, R-2A, R-3, R-3A, A-1 , A-2, PF) MAXIMUM MAXIMU MINIMU TYPE OF ALLOWE PERMIT
SIZE AND M M OTHER SIGN D REQUIRED HEIGHT PER NUMBER SETBAC REQUIREMENT SIGN K S SEE § 26-635 WHERE PRODUCE STAND IS A HOME OCCUPATION, THE SIGN MAY NOT BE ILLUMINATED. MUST MEET NO
FOR REQUIREMEN MAY ONLY BE R. TEMPORARY TSFORHOME ON DISPLAY PRODUC FREESTANDI OCCUPATION 1 PER DURING ESTAND YES NGSIGNS. SIGNS IN F. STAND 5 FEET MONTHS SIGN YES FOR ALL OTHER WHEN
THE PERMANENT PRODUCE PRODUCE WALL SIGNS. STANDS MAY STAND IS HAVE ONE OPERATIONAL SIGN UP TO 6 . SEE § 26-636 SQUARE FEET IN SIZE AND UP TO 5 FEET IN HEIGHT. MAXIMUM S. SIZE OF 6 URBAN
SQUARE FEET MAY NOT BE GARDEN YES YES AND 1 5 FEET ILLUMINATED. SIGN MAXIMUM SEE § 26-637 HEIGHTOF5 FEET Section 9: Table 1 in Section 26-710 of the Code is amended to include the following
sign types: TABLE INSET: TABLE 1. SIGN STANDARDS IN COMMERCIAL, INDUSTRIAL AND MIXED USE DISTRICTS (NC, RC, C-1, C-2, I) MAXIMU MSIZE MAXIMUM TYPE OF MINIMUM OTHER ALLOWED PERMIT AND
SIGN REQUIRED HEIGHT NUMBER SETBACK REQUIREMENTS PER SIGN 30
TABLE 1. SIGN STANDARDS IN COMMERCIAL, INDUSTRIAL AND MIXED USE DISTRICTS (NC, RC, C-1, C-2, I) MAXIMU MSIZE MAXIMUM TYPE OF MINIMUM OTHER ALLOWED PERMIT AND SETBACK REQUIREMENTS SIGN
REQUIRED HEIGHT NUMBER PER SIGN 13. Miscellaneous MAY NOT BE NO ILLUMINATED. Q. LARGER 1 PER MAY ONLY BE FARMERS YES NO THAN 50 FARMERS NONE ON DISPLAY I MARKET SQUARE I MARKET WHEN
THE SIGN MARKET IS IN FEET. OPERATION. SEE § 26-635 MAXIMU MAY NOT BE MSIZE NO FOR OF6 ILLUMINATED. TEMPORARY SQUARE MAY ONLY BE R. ON DISPLAY PRODUCE FREESTANDIN FEET 1 PER DURING STAND
YES G SIGNS. YES AND STAND 5 FEET MONTHS WHEN SIGN FOR MAXIMU THE PRODUCE PERMANENT M STAND IS WALL SIGNS. HEIGHT OF5 OPERATIONAL. SEE § 26-636 FEET. MAXIMU MSIZE OF6 SQUARE S. URBAN
FEET MAY NOT BE GARDEN YES YES AND 1 5 FEET ILLUMINATED. SIGN MAXIMU SEE 526-637 M HEIGHT OF5 FEET Section 10: Safety Clause. The City Council hereby finds, determines, and declares
that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is is promulgated for the health, safety and welfare of the public and that this
Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears
a rational relation to the proper legislative object sought to be attained. Section 11: Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of the ordinance
shall be deemed to be unconstitutional or otherwise invalid, the validity ofthe rer:naining sections, subsections and clauses shall 31
not be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 12: Effective Date. This Ordinance
shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 9th day
of May, 2011, ordered published with Public Hearing and consideration of final passage set for Monday, May 23rd, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat
Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to __ , this _ day of , 2011.
SIGNED by the Mayor on this ___ day of _______ , 2011. ATIEST: Michael Snow, City Clerk First Publication: May 12, 2011 Second Publication: Jerry DiTullio, Mayor Approved As To Form
Gerald E. Dahl, City Attorney ---------------------Wheat Ridge Transcript Effective Date: __________________________ 32
April 29, 2011 City Council City of Wheat Ridge 7500 W 29th Avenue 1st floor Wheat Ridge, CO 80033 Dear Wheat Ridge City Council: liveWell Wheat Ridge is a community movement funded
by LiveWell Colorado working to reduce and prevent obesity for better health outcomes. Emerging best practices show that we positively impact food consumption choices by increasing access
to healthy foods. To this end, LiveWell Wheat Ridge is involved in a myriad of approaches to increase nutritional food consumption in our community and to grow our markets in Wheat Ridge.
In the fall of 2010, LiveWell Wheat Ridge partnered with the Wheat Ridge Access to Fresh Fruit and Vegetables Task Force, Jefferson Conservation District and CREA Results to administer
the Wheat Ridge Healthy Food Assessment. Modeled after similar healthy food assessments in the country, this assessment surveyed over 200 respondents on questions related to access and
barriers to growing, purchasing and consuming fresh fruit and vegetables. Using an online and paper survey in English and Spanish, and by partnering with older adults and bilingual and
bicultural outreach workers, we over-sampled diverse socioeconomic segments of our community. In this report, we captured important information about ways to reduce barriers to accessing
fresh fruit and vegetables, increase growing opportunities, expand local markets, and integrate local produce into our food systems. Because we need to use a multifaceted systems approach
to solving healthy food access issues and grow our markets, we hope this report provides valuable information to the City Council, as well as all sectors of our community, to support
informed policy making, innovate our programming and provide opportunities for economic growth in Wheat Ridge. Sincerely, Molly Hanson LiveWell Wheat Ridge Coordinator ATTACHMENT 2
LiveWell Wheat Ridge SUPPORT FOR HEALTHY EATING IN WHEAT RIDGE LiveWell Wheat Ridge (LWWR), a community initiative funded by Live Well Colorado, advocates healthy eating and active living
(HEAL) policies and infrastructure improvements in Wheat Ridge. L WWR is working with city policymakers, staff and residents to incorporate plans for increasing access to healthy foods,
particularly for lower income and Latino residents of Wheat Ridge. In partnership with the Jefferson Conservation District and CREA Results, a communitybased outreach organization, LWWR
conducted a community needs assessment in the fall of 2010 of access to fresh fruits and vegetables and locally grown foods. A 25-item survey in English and Spanish was administered
online and in hardcopy to Wheat Ridge residents and nonresidents to gather information on consumption patterns, attitudes and barriers to accessing fresh foods. Over two hundred respondents
completed the survey. For the purposes of this report, we have confined our analysis to the 135 Wheat Ridge residents who completed the survey. WHAT RESIDENTS REPORT Shopping The vast
majority (over 90%) of respondents report going to grocery stores to get their fresh fruits and vegetables regardless of the time of year and most use their own cars to get there. Almost
half (47%) of the respondents get their produce at farmers' markets, fruit and vegetable stands or gardens during the summer. A far greater percentage of Whites (69%) go to these locations
compared to Latinos (20%). Demographic Profile of Survey Respondents $15,000-$29,000 $30,000-$49,000 $50,000-$99,000 ~$100,000 17% Chose not to respond What to Eat A majority (72%) of
respondents report freshness as an important aspect of deciding which fruits and vegetables to eat, followed by 62% who report cost as important, 47% who report healthiness as important
and 43% who report taste as important.
THY FOODS AND FUTURE N THE CITY OF WHEAT I Page 2 Farmers' Markets Almost half (46%) of the respondents go to the Wheat Ridge Farmers' Market. Most (over 70%) buy fruits and vegetables.
A quarter buy other food items, a quarter don't buy anything and 5% buy flowers or plants. Sixty-nine percent of Latinos, 45% of males and 32% of lower income respondents who go to the
Wheat Ridge Farmers' Market do not buy anything compared to only 9% of Whites who do not buy anything. Twenty-six percent of the respondents (35 people) report going outside of Wheat
Ridge to another farmers' market. Reasons include: more convenient locations, better days of the week, more convenient hours or better produce selection at the other markets. A very
small percentage (3%) report that they go to another market because the produce at the market is grown locally in that jurisdiction. This fact sheet was designed and created by Center
for Research Strategies www.crsllc.org Fifty-four percent of respondents, or 73 people, do not go to the Wheat Ridge Famers' Market. Why Don't People Go to the Farmers' Market? (73 Respondents)
Other reasons for not going to the Wheat Ridge Farmers' Market reported by only a few respondents include: prefer going to grocery store, only eat organic, grow my own, not interested,
don't think about it, hard to walk around or find parking, forget because market open only one day a week, part of Community Supported Agriculture. ~ Reasons for ViSiting Farmers' Markets
Outside of Wheat Ridge i~ o i~ I t~ ~.. b '5 f~ ~~~~~~~~~ ~ Why do you patron a farmers' market outside of Wheat Ridge? _ Location _ Day of the Market _ Hours Better Produce Selectio
_ Produce Grown in that Jurisdiction
. -;). (' . :~ . " -..)"-! -Gardening at Home Ege3 ___ _ Just over half of respondents (52%) garden at home. Seventy percent grow vegetables, 54% grow flowers, 49% grow spices and herbs
and 37% grow fruit. Forty-eight percent, or 65 people, do not grow at home. The most common reasons for not growing at home are shown in the graph below. Additional reasons noted by
a few respondents include: living in an apartment, no desire, having moved or contending with squirrels. Of the 30 respondents who report not having enough space to garden, only 5 are
interested in renting space at the Wheat Ridge community garden called the Happiness Garden. :~ Why Don't People Grow at Home? (65 Respondents) Dor 't have Don't have Don't like to Not
a lowed Can't afford so ace time garden to plant to plant Locally Grown Foods Wheat Ridge residents are interested in having access to locally grown foods. Respondents report that they
think it is important for markets to carry locally grown foods, that they would be more likely to go go to a restaurant if it served locally grown food, that they would be interested
in buying produce from a local farmer and that they would consider joining a local food co-op grocery store that sells local produce. Thirty-one percent report they want more information
about buying from a local farmer. Twenty-four percent want more information about food co-ops. Locally Grown Foods ~c C~U 100% ~-----------------------------------, {l> C lID o C Q.
';: ~ CU 50% CU ~ a: ~ '0 C ?/.< 0% -I -.'.--. . • Important for Wheat Ridge food markets to carry locally grown produce • More likely to go to a Wheat Ridge restau rant using locally
grown food • Willing to pay more for locally grown foods • Interested in buying produce from a local farmer and having it del ivered to their homes • Want to be part of a food co-op
grocery store to access more locally grown products J
Getting Involved Wheat Ridge residents want to get involved and they want more information. Almost half (46%) of the respondents report they are interested in coming to a community event
that raises awareness of the importance of locally grown produce. A quarter (25%) report they would like to join the Fresh Fruits and Vegetables Task Force. Only 3 respondents report
they had ever called the City of Wheat Ridge about growing or selling fruits and vegetables, farming, composting or other gardening questions. Message to Policymakers Respondents also
report they would like more information about urban agriculture. Desire for Additional Information Would you like additional information regarding any of the following fopics? Food Cooperative
Grocery Stores _ Community Supported Agriculture _ Community Gardens or School Gardens Shari a ard or arden with our nei hbors Most residents buy their produce at grocery stores, but
almost 50% also buy at farmers' markets. Should the city encourage more grocery and produce stores to locate in lVheat Ridge? Should the city partner to create additional farmers' markets,
perhaps on a weekend day, to encourage greater participation? Almost 75% of the respondent group rates freshness of produce as an important aspect of considering what fruits and vegetables
to buy. Two-thirds are sensitive to cost. lVhat can be done to ensure freshness of produce? How can we ensure produce is affordable? Not quite half of the respondent group patronizes
the Wheat Ridge Famers' Market. When asked why they don't go, reasons include cost, inconvenient time, not having transportation and not knowing where the market is. How do we ensure
produce is affordable at the lVheat Ridge Farmers' Market? How do we do a better job of marketing the lVheat Ridge Farmers' Market? Half of the respondents grow garde·ns at home. Half
do not. Individuals surveyed don't have space or time to grow at home. Additionally, those surveyed did not want to rent space at the Wheat Ridge community garden. Should the city use
resources, such as city-owned land or funding, to help create new community gardens? How do we support home gardening in lVheat Ridge? Residents want locally grown foods to be available,
not only to prepare and consume at home, but to eat at local restaurants. How can more locally grown produce by available in lVheat Ridge? Are there policies or incentives that the city
could provide to encourage restaurants to use local produce? For more information, please contact Molly Hanson, LiveWeli Wheat Ridge Coordinator, at mhanson@jeffco.us. Funding for this
report is provided by LiveWeli Colorado
~~A~ .. ~ r Cityof. "~WheatP4-dge ~OMMUNITY DEVELOPMENT TO: THROUGH: FROM: DATE: SUBJECT: Memorandum The Mayor and City Council Ken Johnstone, Community Development Director Sarah Showalter,
Planner II Mary 12,2011 Site Plan Review Fees for Urban Gardens Accessory to a Single-or TwoFamily Home The urban agriculture ordinance (Council Bill 17-2011) allows urban gardens on
residential lots where the primary use is a single-or two-family home, but requires completion of the Site Plan Review Process. This additional review is proposed due to concerns about
high intensity of use in residential areas and potential negative impacts, such as traffic, that an urban garden use might generate. The intent is that formally managed gardens, typically
with an exchange of money through a lease or other mechanism, on residential lots would require additional review. Infonnal yard-sharing between neighbors would not qualify as an urban
garden and thus a Site Plan submittal to the City would not be required for such activities. The Site Plan Review Process was recommended by staff over the Special Use Permit (SUP) process
since it is a quicker review and has lower fees. The site plan review will entail review of a detailed site plan by staff, and may include a referral to utility districts where appropriate.
The typical fee for a site plan review is $200 plus $200 per acre. There is also a $200 fee for the pre-application meeting prior to application. Based on input from City Council, staff
recommends a significantly reduced fee for urban gardens going through the site plan review. Initially, staff and suggested a flat $200 fee be adopted administratively. Based on City
Council's initial reaction to that fee and subsequent discussions with Mayor DiTullio, staff is recommending a flat $50, regardless of the size of the site. This $50 would include the
pre-application meeting, which is useful to the applicant since they are informed of the review process and the potential issues that staff will look for in their review. The $50 is
is twice the cost of the typical $25 business license review fee, which would be required to operate a business (such as selling produce) from your home. The additional cost will help
cover the time that staff will spend reviewing the site plan for the urban garden and addressing any potential impacts on neighboring properties. Because the site plan review would not
apply to home gardens or yard sharing on residential lots, staff does not anticipate receiving many of these applications per year. The reduced fee supports policy direction from both
Planning Commission and City Council to be encouraging of urban agricultural uses. Attachment 3
~~A~ .... ~ City of ?WheatRL,dge PLANNING COMMISSION Minutes of Meeting April 21, 2011 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair BUCKNAM at 7:00 p.m. in the
City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Staff Members Present: Anne Brinkman
Alan Bucknam Marc Dietrick Tracy Guildner Dick Matthews Scott Ohm George Pond Steve Timms Ken Johnstone, Community Development Director Sarah Showalter, Planner II Kathy Field, Administrative
Assistant 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner MATTHEWS and seconded by Commissioner OHM to approve the order of the agenda as printed.
The motion carried 8-0. 5. APPROVAL OF MINUTES -April 7, 2011 It was moved by Commissioner MATTHEWS and seconded by Commissioner OHM to approve the minutes of April 7, 2011 as presented.
The motion carried 5-0 with Commissioners TIMMS, DIETRICK and BRINKMAN abstaining. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.
Public comments may be limited to 3 minutes) Attachment 4 Planning Commission Minutes April 21, 2011
No members of the public wished to speak at this time. 7. PUBLIC HEARING A. Case No. ZOA-11-02: An ordinance amending Chapter 26 concerning Urban Agriculture. The case was presented
by Sarah Showalter. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital
presentation. Commissioner BRINKMAN commented that in the hot summer months, many people prefer to start gardening around 5:00 a.m. to escape the heat. Commissioner BUCKNAM asked about
parking requirements. Ms. Showalter stated that no parking ratios are set forth. Code enforcement will manage any complaints received from neighbors regarding temporary parking. Chair
BUCKNAM opened the public hearing. Ted Heyd 917 South Cole Drive, Lakewood Mr. Heyd is a member of Access to Fresh Fruits and Vegetables Task Force. He spoke in support of the ordinance.
Urban agriculture is part of a national trend. He expressed concern about the special use fee of $300 per acre for property owners who want to start a neighborhood or community garden
on the same property as a single-or two-family home. Amanda Weaver 11100 W. 38th Ave. Ms. Weaver is also a member of the Task Force. She spoke in favor of the . ordinance but ask~d that
the special use fee be revisited. She expressed concern that the fees would be cost prohibitive in attempting to bring urban agriculture to her 13 acres that are zoned R -3. Tim Tindle
4300 Reed St. Mr. Tindle is associated with the Task Force and spoke in favor ofthe ordinance. He commented that Wheat Ridge could be on the leading edge of the urban agriculture and
food movement. He expressed concern about the special use fee. He has started a business with Amanda Weaver called The City Mouse Garden which will involve multi-plot gardening where
they would garden a quarter of an acre but also sell produce from other gardens. He expressed concern about the single family limitation that could limit selling produce from the owner's
garden. Planning Commission Minutes 2 April 21, 2011
·Ms. Showalter commented that they are trying to distinguish urban gardening from "yard sharing" in that there is a person or group formally managing the garden. The ordinance could
be amended if these types of issues arise. Andrew Horn 7175 W. 420d Ave. Mr. Hom asked the price of a home occupation license. Mr. Johnstone replied that the fee is $25 annually. Tim
Sabus Mr. Sabus spoke in favor of the ordinance that could be a boon for Wheat Ridge and set an example for other municipalities. He expressed concern that a 6 square foot sign advertising
a produce stand is too small. He suggested that square· footage for accessory structures be the same size for commercial and residential zones. He stated that he was in favor of hoop
houses for growing fruits and vegetables. In response to a question from Commissioner POND, Ms. Showalter stated that in looking at similar ordinances from
other cities, there were none that differentiated between yard sharing and urban gardens. She commented that clarifying language could be considered. In response to concern expressed
by Commissioner POND regarding special use permit fees for urban gardens, Mr. Johnstone explained that administrative fees are set by the Community Development Director. Amendments to
those fees must be considered by City Council. Commissioner OHM expressed concern that a permit could be required for a home garden. Ms. Showalter stated that this was not the intent
of the ordinance and it may be necessary to tweak the language. The special use permit would not be required for private home gardens. Commissioner 0IiM suggested that special use fees
should be reduced for small plots. It was moved by Commissioner BRINKMAN and seconded by Commissioner GUILDNER to recommend approval of the proposed ordinance amending Chapter 26 to
support urban agricultural uses and activities, with the following conditions: 1. Urban gardens are allowed as a special use on residentially-zoned lots where the primary use is a single
or two-family home. The motion carried 8-0. Planning Commission Minutes 3 April 21, 2011
"It was moved by Commissioner POND and seconded by Commissioner OHM to amend the definition of urban garden to read as follows: An area of land formally managed, organized and maintained
by an individual or group of individuals to grow and harvest food crops and/or non-jood ornamental crops, such as flowers. Urban gardens may be divided into separate plots for cultivation
by one or more individuals or may be maintained and cultivated collectively. Urban garden examples include community gardens where crops are consumed or donated, market gardens where
crops are soldfor profit, and community-supported agriculture (eSA), where crops are sold or donatedfor shareholder consumption. The motion carried 8-0. It was moved by Commissioner
POND and seconded by Commissioner OHM to recommend that staff look at substantially reducing the fees for Special Use Permits related to urban gardens on residentially-zoned lots where
the primary use is a single or two-family home with the intent to encourage urban agriculture moving forward. Commissioner TIMMS offered a friendly amendment that when a decision is
made after it goes to Council to report results back to Planning Commission. The amendment was accepted by Commissioner MATTHEWS. The amended motion passed 8-0. 8. STUDY SESSIONS (The
regular meeting was adjourned to study session at 8:25 p.m.) A. Potential Rezoning of 11100 W. 38th Ave. Sarah Showalter reviewed the staff report for this item. The owner of this property
would like to add a variety of uses to the site. The front of the 12.:.acre property is zoned R -3 and the back part is zoned R -1. There has been a small farm component on this site
since the original farm house was built in 1922. A conservation easement was placed on this land in the 1990' s to preserve the agricultural use of the site. The owner is proposing a
CSA or market garden for the property as well as the ability to have a commercial kitchen/classroom space in one of the buildings behind the existing farm house. The property owner lives
in the farm house which would allow use as a home occupation. Some possibilities include allowing the uses under an SUP; the property could be rezoned to A-I; or a planned development
could be used. Amanda Weaver 11100 W. 38th Ave. Ms. Weaver, who owns the property with Louise Turner, stated that she is a geographer specializing in urban agriculture and teaches at
the University of Planning Commission Minutes 4 April 21, 2011
Colorado at Denver. Because ofthe conservation easement placed in perpetuity on the land, she is prohibited from building another dwelling on the property. However, buildings related
to agriculture could be constructed. She would like to have a commercial kitchen to allow her to make and package cheese that she could sell. She would also like to provide educational
opportunities to the public where people could observe the agricultural process and attend various classes. She commented that A-I zoning might not accommodate all of this. There was
discussion about home occupation requirements and the advantages of planned development for the property. B. 38th Avenue Corridor Plan Ms. Showalter, Commissioner BRINKMAN and Commissioner
OHM presented updates on the 38th Avenue Corridor Task Force meeting. 9. ADJOURNMENT It was moved by Commissioner POND and seconded by Commissioner BRINKMAN to adjourn the meeting at
9:17 p.m. The motion carried 8-0. Alan Bucknam, Chair Ann Lazzeri, Secretary Planning Commission Minutes 5 April 21 , 2011
May 19,2011 Mayor and Members of City Council City of Wheat Ridge 7500 W. 29cl1 Avenue Wheat Ridge, CO 80033 Partners in a Vibrant Wheat Ridge Dear Mayor and Members of City Council,
WR2020 is pleased to offer its support for Council Bill 2011-17, referred to as the urban agriculture zoning amendments. These regulations will set the stage for the development of urban
gardens, a land use trend gaining strong momentum in the metro area and across the country. As an infill development strategy there are underutilized lots across the city with the potential
for gardens as interim or longer term uses. Gardens would add real estate vitality and activities for our residents, neighborhoods and commercial corridors. Wheat Ridge 2020 investigated
a site on W. 38th Avenue for urban garden potential and met with the Planning staff to discuss how the proposed regulations fit with our initial concept. We found that the zoning standards
supported our plan and that the approval process would be efficient. In this sense the the proposed regulations were "tested" successfully against an actual plan. In closing, the WR2020
Planning Committee also monitored the development of the ordinace and found it to be progressive and is very supportive of the legislation. Sincerely, Britta Fisher Executive Director
P.O. BOX 1268 WHEAT RIDGE. CO 80034-1268 WWW.WHEATRIDGE2020.0RG I'll: 720 2591030 FAX: 303 940 9332
Alternate Motion: "I move to approve Council Bill No. 17-2011 , an ordinance amending Chapter 26 to support urban agricultural uses and activities on second reading and that it take
effect 15 da ter final publication, with the following amendments: hat the submittal requirement to community development for urban gardens is moved; and hat the site plan review process
for urban gardens accessory to a single-or twofamily home is removed." ZOA-I I-02
...~ ~ _" ~ .. City of p WheatRL.-dge ITEM NO: :J.. DATE: May 23, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 18-2011 AN ORDINANCE ADOPTING AMENDMENTS TO THE 2006 INTERNATIONAL
BUILDING CODE, AS PREVIOUSLY ADOPTED BY REFERENCE, CONCERNING CONVEYANCE REQUIREMENTS AND CERTAIN REFERENCED STANDARDS ~ PUBLIC HEARING D BIDSIMOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE:
D ORDINANCES FOR 1 ST READING (05/09/11) ~ ORDINANCES FOR 2ND READING (05/23/11) DYES The State of Colorado's Division of Oil and Public Safety regulates conveyances (elevators) and
prescribes their minimum safety and maintenance standards. From time to time the state modifies the group of standards to which the conveyances within local jurisdictions must adhere.
The current adopted state standards are not fully included in the standards adopted by reference in the 2006 International Building Code. An amendment to Section 3001.2 of Chapter 30
of the International Building Code that cross references the current standards adopted by the Division of Oil and Public Safety is necessary to comply with the minimum standards established
by the state. This code amendment will not only assist the City in complying with current state standards, but will, by reference, adopt any future standards adopted by the Division
of Oil and Public Safety, keeping the City current with state requirements. PRIOR ACTION: In May of 2010 Council approved adoption of the 2006 International Building Code and the standards
referenced within, including those which regulate conveyances that are included in Chapter 30.
Council Action Form May 23,2011 Page 2 FINANCIAL IMP ACT: There is no known financial impact to the City or the owners of conveyances. BACKGROUND: The City has historically been involved
in the regulation and inspection of conveyances within its jurisdiction through an Intergovernmental Agreement with the Denver Regional Council of Governments, which administered an
inspection program and insured compliance ofthe City'S conveyances with applicable building codes and referenced standards adopted by the City. In 2008, the State of Colorado revised
its statutes to establish the state as the authority having jurisdiction over all conveyances. An option was available for jurisdictions to opt out of the state program and establish
their own conveyance regulatory inspection program; however, c·ontinued compliance with the minimum standards set forth by the state is required. The City of Wheat Ridge opted out of
the state inspection program and has continued using DRCOG, which is approved by the state, as our inspection agency. The state recently adopted additional safety and maintenance standards
in addition to those contained within the 2006 International Building Code adopted by City Council. The City is required to adopt and comply with those standards adopted by the state.
RECOMMENDATIONS: Staff recommends that Council approve Council Bill No. 18-2011, which will ensure that the City is in compliance with current and future conveyance standards adopted
and required by the state. RECOMMENDED MOTION: "I move to approve Council Bill No. 18-2011, an ordinance approving amendments to the 2006 International Building Code, previously adopted
by reference, concerning conveyance requirements and certain referenced standards, on second reading, and that it take effect 15 days after final publication." Or, "I move to postpone
indefinitely approval of Council Bill No. 18-2011, an ordinance to amend the 2006 International Building Code, previously adopted by reference, concerning conveyance requirements and
certain referenced referenced standards for the following reason( s) " REPORT PREPAREDIREVIEWED BY: John C. Schumacher, Jr., CBO, Chief Building Official Kenneth P. Johnstone, AICP,
Community Development Director ATTACHMENTS: 1. Council Bill No. 18-2011
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER REINHART Council Bill No. 18 Ordinance No. ----Series 2011 TITLE: AN ORDINANCE ADOPTING AMENDMENTS TO THE 2006 INTERNATIONAL
BUILDING CODE, AS PREVIOUSLY ADOPTED BY REFERENCE, CONCERNING CONVEYANCE REQUIREMENTS AND CERTAIN REFERENCED STANDARDS WHEREAS, the City Council ("Council") of the City of Wheat Ridge,
Colorado ("City") has authority to enact ordinances for the protection of public health, safety and welfare; and WHEREAS, the City of Wheat Ridge Home Rule Charter Section 5.16 provides
that standard codes promulgated by any recognized trade or professional organization may be adopted by reference; and WHEREAS, exercising this authority, the Council adopted the 2006
version of the International Building Code in Section 5-76 of the Code; and WHEREAS, pursuant to Code Section 5-76(b), the version of the 2006 International Building Code was adopted
with amendments to certain sections thereof; and WHEREAS, Council has learned that certain elevator and conveyance standards in the International Building Code are less stringent than
is required under the Conveyance Regulations of the Colorado Department of Labor and Employment Division of Oil and Public Safety (the "OPS Regulations"); WHEREAS, City Council wishes
to amend the provisions in section 5-76(b) of the Code to reflect that the most stringent elevator and conveyance standards in the OPS Regulations apply. NOW THEREFORE BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 5-76(b) of the Code is amended to further amend the 2006 version of the International Building Code at Chapter
30 to read as follows: (b) Amendments. The International Building Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with
the section numbers of the 2006 International Building Code. Attachment 1 1
'CHAPTER 30 ELEVATORS AND CONVEYING SYSTEMS. 3001.2 REFERENCED STANDARDS. AMEND TO READ IN ITS ENTIRETY: 3001.2 REFERENCED STANDARDS. EXCEPT AS OTHERWISE PROVIDED FOR IN THIS CODE, THE
DESIGN, CONSTRUCTION, INSTALLATION, ALTERATION, REPAIR AND MAINTENANCE OF ELEVATORS AND CONVEYING SYSTEMS AND THEIR COMPONENTS SHALL CONFORM TO ASME A90.1, ASME B20.1 , ALI ALCTV, AND
ASCE 24 FOR CONSTRUCTION IN FLOOD HAZARD AREAS ESTABLISHED IN SECTION 1612.3 OF THIS CODE. THE DESIGN, CONSTRUCTION, INSTALLATION, ATERATION, REPAIR AND MAINTENANCE OF ELEVATORS AND
CONVEYING SYSTEMS SHALL ALSO CONFORM TO ASME A17.1, ASME A17.2, ASME A17.3, ASME A18.1 AND ASME QE-1 AND ALL OTHER STANDARDS REFERENCED IN SECTION 2-6-1(1) OF THE COLORADO DEPARTMENT
OF LABOR AND EMPLOYMENT, DIVISION OF PUBLIC SAFETY CONVEYANCE REGULATIONS, 7 COLO. CODE REGS. § 1101-8, AS NOW AND HEREAFTER AMENDED (THE "OPS REGULATIONS"). IN THE EVENT OF A CONFLICT
BETWEEN THE ELEVATOR AND CONVEYANCE STANDARDS REFERENCED IN SECTION 2-6-1(1) OF THE OPS REGULATIONS AND AND THOSE SPECIFIED IN THIS CODE, THE MOST RESTRICTIVE STANDARD SHALL GOVERN.
Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity
of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby
repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED
on first reading by a vote of 8 to o on this 9th day of May, 2011, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and
consideration on final passage set for May 23,2011 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second
and final reading by a vote of _ to _, this day of , 2011. 2
SIGNED by the Mayor on this __ day of _____ , 2011. ATTEST: Michael Snow, City Clerk First Publication: May 12, 2011 Second Publication: Wheat Ridge Transcript Effective Date: Jerry
DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney 3
~ . ~ ,~ J r . City of ? \VheatRl-dge ITEMNO:~ DATE: May 23, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 19-2011 AN ORDINANCE AMENDING SECTION 15-4 OF THE WHEAT RIDGE
CODE OF LAWS TO DEFINE "LANDSCAPING" FOR NUISANCE ENFORCEMENT PURPOSES [gI PUBLIC HEARING D BIDSIMOTIONS D RESOLUTIONS QUASI-mDICIAL: City Attorney ISSUE: D ORDINANCES FOR 1 ST READING
(05/09/11) [gI ORDINANCES FOR 2ND READING (05/23/11) D YES [gI NO Whether or not to define "landscaping" in Chapter 15 (concerning nuisances) to clarify that the City's officers may
pursue nuisance abatement for dead and dying trees and other specific types of deteriorated landscaping. PRIOR ACTION: Staff presented this issue to City Council during a Study Session
on April 18, 2011. The consensus motion from City Council was to move forward with a revision to Code Section 15-4, Definitions. FINANCIAL IMPACT: None BACKGROUND: The City'S Community
Service Officers ("CSOs") are authorized to enforce, among other things, the nuisance and zoning provisions of the Wheat Ridge Code of Laws ("Code"). These officers occasionally encounter
dead and dying trees and shrubs on private property that constitute nuisances and require removal or pruning. In such a case, the CSOs currently have two Code provisions under which
they may proceed: (1) Code Section 15-15, which provides that
Council Action Form May 23, 2011 Page 2 "damaged or dead landscaping" is a nuisance; nuisances must generally be abated upon seven days' notice from the City; and (2) Code Section 24-6,
which requires property owners to remove "any dead or dying tree, shrub, etc." upon thirty days' notice from the City. Dead trees and landscaping can present such a nuisance that, in
some instances, waiting thirty days to abate the condition threatens the public health, safety and welfare -for example, when a dead tree or limb blocks the view of traffic for drivers
or pedestrians on or near a roadway. In these cases, it better serves the public safety and welfare to seek abatement of the conditions as a nuisance, as this can usually be accomplished
more quickly than prosecuting a violation of Code Section 24-6. This ordinance defines "landscaping" for Chapter 15 purposes to specifically include trees, shrubs and other types of
living and non-living landscaping. This term is currently undefined in Chapter 15, leaving the scope of the term subject to argument. RECOMMENDATIONS: Staff recommends approval of this
Ordinance. RECOMMENDED MOTION: "I move to approve Council Bill No. 19-2011, an ordinance amending section 15-4 of the Wheat Ridge Code of Laws to define "landscaping" for nuisance enforcement
purposes, on second reading and that it take effect 15 days after final publication." 1 Or, "I move to table indefinitely Council Bill No. 19-2011, an ordinance amending section 15-4
of the Wheat Ridge Code of Laws to define "landscaping" for nuisance enforcement purposes for the following reason(s) " REPORT PREPARED BY: Gerald Dahl, City Attorney ATTACHMENTS: 1.
Council Bill No. 19-2011 2. Memorandum from April 18, 2011, Study Session
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER LANGWORTHY Council Bill No. 19 Ordinance No. ____ _ Series of 2011 TITLE: AN ORDINANCE AMENDING SECTION 15-4 OF THE WHEAT RIDGE
CODE OF LAWS TO DEFINE "LANDSCAPING" FOR NUISANCE ENFORCEMENT PURPOSES WHEREAS, the City of Wheat Ridge, Colorado (the "City"), acting through its City Council (the "Council"), possesses
the authority to enact ordinances for the protection of the public health, safety and welfare; and WHEREAS, pursuant to this authority, the Council has previously enacted Chapter 15
of the Wheat Ridge Code of Laws (the "Code") concerning nuisances; and WHEREAS, Section 15-4 of said Chapter 15 provides definitions of certain terms for purposes of nuisance enforcement;
and WHEREAS, the Council finds that the deterioration of various forms of vegetation, including trees and shrubs, upon property is capable of constituting an unsightly nuisance and a
detriment or danger to surrounding properties and the public; and WHEREAS, Chapter 15 includes reference to "landscaping" for nuisance enforcement purposes without defining said term;
and WHEREAS, the Council determines that it is necessary and desirable to define the term "landscaping" within Code Section 15-4 to clearly define the scope of vegetation that may constitute
a nuisance, including but not limited to, trees and shrubs. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 15-4 of the Wheat
Ridge Code of Laws, defining certain words, terms and phrases for purposes of nuisance enforcement through Chapter 15, is hereby amended as follows: Sec. 15-4. Definitions. The following
words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. The terms
defined below shall be broadly interpreted to achieve the purposes intended. In the interpretation of the definitions of garbage, trash and junk set forth herein, it is the intent that
these definitions be liberally construed to include like matters, materials, objects or substances, whether or not the same be specifically identified. It is further the intent that
the definitions not be considered mutually exclusive, and that in the interpretation, it be recognized that Attachment 1
any substance or material or object may constitute trash, garbage and junk at the same time. Liberal construction is deemed necessary by the city council in order to fulfill the public
purpose of this chapter, which is to ensure that the city is maintained in a clean, healthy and attractive condition by eliminating all outside storage of garbage, trash and junk, and
related matters, objects or materials as set forth herein. Abate shall mean to bring into compliance, halt, eliminate or remedy. Agent means and includes any person acting on behalf
of or in place of a responsible party, including tenant, manager or lessee. Embankments of lakes, reservoirs and ponds means all land fifty (50) feet from the base of the bank, dam,
dike, fill or natural barriers as defined in the official maps and plats maintained by the city engineer. Garbage means waste resulting from the handling, preparation, cooking and consumption
of food or wild animal carcasses, and wastes from handling, storage and sale of produce. Junk means scrap brass, scrap copper, scrap iron, scrap lead, scrap tin, scrap zinc and all other
scrap metals and alloys, bones, rags, used cloth, used rope, used rubber, used tinfoil, used bottles, old or used machinery of any type, used tools, used appliances, used fixtures, used
utensils, used lumber, used boxes or crates (fabricated of any material), used pipe or pipe fittings, used conduit or conduit fittings, automobiles in nonoperative condition, used tires
and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. Lakes, reservoirs and ponds means places where water is
collected and/or stored regardless of whether water is currently being collected and/or stored there or not. LANDSCAPING MEANS A COMBINATION OF LIVING PLANTS, SUCH AS TREES, SHRUBS,
VINES, GROUNDCOVER, FLOWERS, VEGETABLE PLANTS, SOD OR GRASS; AND MAY INCLUDE NATURAL FEATURES, SUCH AS ROCK, STONE AND BARK; AND STRUCTURAL FEATURES, INCLUDING, BUT NOT LIMITED TO, FOUNTAINS,
REFLECTING POOLS, ART WORK, SCREEN WALLS, FENCES AND BENCHES. UNCONTROLLED WEEDS SHALL NOT BE CONSIDERED AS LANDSCAPING; HOWEVER, MAINTAINED NATURAL GRASSES AND NATURAL FLOWERS MAY BE
CONSIDERED AS LANDSCAPING. SIDEWALKS, WHETHER PAVED OR GRAVEL, WHICH SERVE AS FUNCTIONAL LINKS BETWEEN PARKING AREAS AND MAIN STRUCTURES, OR WHICH SERVE AS GENERAL PUBLIC ACCESS ROUTES
AROUND A MAIN STRUCTURE, OR BETWEEN A MAIN STRUCTURE AND A PUBLIC STREET OR ALLEY, IS NOT LANDSCAPING. OTHER SIDEWALKS OR PATHS WHICH SERVE AS CASUAL ACCESS TO OR THROUGH LANDSCAPE AREAS
MAY BE CONSIDERED NONLIVING LANDSCAPE FEATURES. 2
Litter means and includes any and every rubbish, waste material, refuse, garbage, trash, debris, excrement, urine, offal composed of animal matter or vegetable matter or both, or any
noxious or offensive matter whatever, including but not limited to, any discarded dead animal, fishing line, bait, chemical, chemical compound, petroleum product or compound, automobile
part or accessory, tire, wheel, junk, paper, cardboard, can, lid, bottle, cap, carton, wrapper, box, wooden object, plastic object, clothing, cloth, metal object, rubber object, leather
object, hide, feathers, grass clippings, leaves, cut weeds, branches cut from trees or bushes, brick, cinderblock, building material, paint, concrete, soil, sand, gravel, stone, glass,
asphalt, ashes, cigarette, cigar, food or food product, solvent, dye, beverage, and liquid except water. Nonoperative condition, when applied to a motor vehicle, means that, in the reasonable
opinion of an code officer, the motor vehicle is either legally or mechanically incapable of operating. Indicia of such conditions include anyone or more of, but are not restricted to:
(1) No current license plates; (2) No current motor vehicle registration; (3) Flat tire or tires; (4) Missing body parts; (5) Missing engine, transmission, running gear or wheels; (6)
Missing windows; (7) Missing or inoperable lights; (8) Engine will not start or run; (9) Transmission will not engage; (10) Otherwise not legally or mechanically capable of running.
Occupant means and includes any person who occupies the whole or a part of a building, premises, or land, whether alone or with others, whether for residential or commercial purposes.
"Occupant" means and includes the terms "tenant and "lessee." Owner mean~ and includes: (1) Any owner or holder of any legal or equitable estate in real property, including a dominant
or servient tenement, except a future or reversionary interest and except the interest of a public trustee, lienholder, mortgagee, or beneficiary of a deed of trust. (2) The owner of
record, as reflected by the records of the office of the county assessor. Person includes a natural person, association, corporation, partnership, limited liability company and any other
legal entity capable of owning, using, or occupying real property. Nuisance includes, but is not limited to: 3
(1) The conducting or maintaining of any business, occupation or activity prohibited by statute or by this chapter, or in violation of any regulation of the city, the county, or the
state. (2) The continuous or repeated conducting or maintaining of any business, occupation, operation, activity, building, land or premises in violation of any statute or this chapter,
or in violation of any regulation of the city, the county, or the state. (3) Any building, structure or land open to or used by the general public, the condition of which presents a
substantial danger or hazard to public health or safety. (4) Any unlawful pollution or contamination of any surface or subsurface waters in this city, or of the air, or of any water
intended for human consumption. (5) Any activity, operation or condition which, after being ordered abated, corrected or discontinued by a lawful order of an agency or officer of the
city or the county, continues to be conducted or continues to exist in violation of any statute or this chapter or in violation of any regulation of the city, the county, or the state.
(6) Any activity, operation, condition, building, structure, place, premises or thing which is injurious to the health or safety of the citizens of the city, or which is indecent or
offensive to the senses so as to interfere with the comfortable enjoyment of life or property. (7) Any condition which, in the reasonable judgment of a code officer, constitutes a nuisance
within the scope of this chapter. Public place means and includes: (1) Any street, highway, public right-of-way, sidewalk, driveway or alley, school building, school grounds, public
building, library, fire station, public park or any parking lot. (2) The entire premises of any shopping center, restaurant, bar, store, service establishment, service station, theater,
auditorium or place of amusement, except any portion of the premises reserved for the usebf the owner or operator thereof or the employees of such owner or operator, and except any portion
of the premises from which the general public is excluded. (3) Any lobby, corridor, elevator, stairway, public room, common room or recreation room in a hotel, motel, office building
or apartment building. Responsible party means any person who makes or causes any nuisance to exist, or who has possession or control of any real property or premises, whether as owner,
occupant or tenant, where any nuisance is found, or, in the case of a motor vehicle, as owner or operator of the same. Statute means a statute of the State of Colorado. 4
Streams means all rivers, watercourses, creeks and canals flowing in or through the city, including but not limited to Clear Creek and Rocky Mountain Canal, as such creeks and canals
are defined in the official maps of the city engineer. Stream embankments means all publicly and privately owned land included within one hundred fifty (150) feet of the centerline of
Clear Creek, as defined in the official maps and plats maintained by the city engineer; and publicly-and privately-owned land included within fifty (50) feet of the centerline of all
creeks, canals and watercourses, as defined in the official maps and plats maintained by the city engineer. Trash means combustible refuse, including, but not limited to paper, cartons,
boxes, barrels, wood (except stacked firewood and stacked construction material), tree branches, yard trimmings, dead plant material, wood or upholstered furniture, or bedding; or any
similar substance or material; noncombustible refuse, including but not limited to metals, tin or aluminum cans, metal furniture, dirt,
rock, pieces of concrete, glass, crockery or other minerals or mineral wastes; street rubbish, including but not limited to street sweepings, dirt, leaves, catchbasin dirt and contents
of litter receptacles. Trash shall not include earth and waste from building construction during the period in which a valid building or dumping permit, issued by the city, is active,
nor shall it include solid wastes resulting from industrial processes and manufacturing operations so long as property is zoned for such use and such business is registered with the
city, nor shall it include natural products customarily stored in an agricultural zone so long as the property is zoned agricultural and the natural products relate to an agricultural
use on the property. Watercourses means all creeks, ditches, laterals and gullies within the city, as defined in the official maps and plats maintained by the city engineer, and including,
but not limited to, Clear Creek, Lena Gulch, Reno Ditch, Swadley Ditch, Slough Ditch and North Henry Lee Lateral. Weed means weeds, grass, brush or other rank or noxious vegetation,
and shall not include flower gardens, plots of shrubbery, vegetable gardens, legitimate xeriscape plants and grain plots. "Weed," as used in this chapter, shall not apply to and shall
not be construed to require removal of any weeds from the city's owned or leased greenbelt natural area. Xeriscape means a method of landscaping that uses native or low water plantings,
efficient irrigation techniques, and alternative turf practices to promote water conservation. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that
this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and 5
that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance
bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this
Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances
or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final
publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 9th day of May, 2011, ordered published in full in
a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Monday, May 23, 2011 , at 7:00 o'clock p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2011. SIGNED by the Mayor on this
___ day of ________ , 2011. ATTEST: Michael Snow, City Clerk First Publication: May 12, 2011 Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved
As To Form Gerald E. Dahl, City Attorney 6
~"4~ ~ ~ ~ Cityof. ~Wheat~dge ~OLICE DEPARTMENT Memorandum TO: Mayor DiTullio and City Council THROUGH: Patrick Goff, City Manager Daniel G. Brennan, Chief of Police FROM: Jim Lorentz,
Division Commander Support Services Division DATE: April 12, 2011 (For Study Session of 4/18/2011) SUBJECT: Staff Report -Defining Landscaping in Chapter 15 ISSUE: Staff recommends that
Council consider defining "landscaping" in Chapter 15 (concerning nuisances) to clarify that the City's Community Service Officers may pursue nuisance abatement for dead and dying trees
and other specific types of deteriorated landscaping. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: The City's Community Service Officers (CSOs) are authorized to enforce,.among
other things, the nuisance and zoning provisions of the Wheat Ridge Code of Laws (Code). These officers occasionally encounter dead and dying trees and shrubs on private property that
constitute nuisances and require removal or pruning. In such a case, the CSOs currently have two Code provisions under which they may proceed: (1) Code Section 15-15, which provides
that "damaged or dead landscaping" is a nuisance; nuisances must generally be abated upon seven days' notice from the City; and (2) Code Section 24-6, which requires property owners
to remove "any dead or dying tree, shrub, etc." upon thirty days' notice from the City. Dead trees and landscaping can present such a nuisance that, in some instances, waiting thirty
days to abate the condition threatens the public health, safety and welfare -for example, when a dead tree or limb blocks the view of traffic for drivers or pedestrians on or near a
roadway. In these cases, it better serves the public safety and welfare to seek abatement of the conditions as a nuisance, as this can usually be accomplished more quickly than prosecuting
a violation of Code Section 24-6. Attachment 2
Staff Report -Defining Landscaping in Chapter 15 April 12,2011 Page 2 This ordinance defines "landscaping" for Chapter 15 purposes to specifically include trees, shrubs and other types
of living and non-living landscaping. This term is currently undefined in Chapter 15, leaving the scope of the term subject to argument. ALTERNATIVES CONSIDERED: 1) Make no change 2)
Approve changes to ordinance RECOMMENDATION: Staff recommends approval of this Ordinance. ATTACHMENTS: Proposed Ordinance Revision JL
~ i ~ ... ~., City of pWheat~dge ITEMNO:~ DATE: May 23, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL . BILL NO. 15-2011 AN ORDINANCE TEMPORARILY WAIVING THE CITY'S TWO-CENT SALES
TAX WITHIN THE BOUNDARIES OF THE LONGS PEAK METROPOLITAN DISTRICT ~ PUBLIC HEARING D BIDSIMOTIONS D RESOLUTIONS QUASI-JUDICIAL: City Attorney ISSUE: D ORDINANCES FOR 1 ST READING 04/11/2011
~ ORDINANCES FOR 2ND READING 05/23/2011 DYES ~ NO City Manager Ordinance temporarily waiving two cents of the City's retail sales tax within the boundaries of the Longs Peak Metropolitan
District. PRIOR ACTION: None FINANCIAL IMPACT: The waiver of a portion of the City sales tax is intended to be temporary only and not a change in the City's tax policy. The waiver only
affects sales within the Longs Peak Metropolitan District. The waiver will not affect current revenues, as there are presently no retail uses within the boundaries of the District.
Council Action Form May 23, 2011 Page 2 BACKGROUND: The Longs Peak Metropolitan District is obligated, by the terms of an Intergovernmental Agreement with the City, to construct certain
public improvements for the Cabela's development, which improvements will be of benefit to residents of and visitors to the City. In order to fund construction of the public improvements,
the District has agreed to impose certain public improvement fees (of2 cents and 0.6 cents) on transactions which are also subject to sales taxation by the City. As an inducement to
the imposition by the District of the public improvement fees and construction of the improvements, this ordinance will temporarily waive two cents ($0.02) of the City sales tax on taxable
retail sales transactions within the boundaries of the District. RECOMMENDATION: Continue the public hearing to June 13, 2011. RECOMMENDED MOTION: "I move to continue the hearing on
Council Bill No. 15-2011 , an ordinance temporarily waiving two cents of the City's sales tax within the boundaries of the Longs Peak Metropolitan District until June 13,2011 at 7 p.m.
in City Council Chambers." Or, I move to table indefinitely Council Bill No. 15-2011, an ordinance temporarily waiving two cents of the City's sales tax within the boundaries of the
Longs Peak Metropolitan District for the following reasons " REPORT PREPARED BY: Gerald Dahl, City Attorney ATTACHMENTS: 1. Council Bill No. 15-2011
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 15 Ordinance No. ----Series 2011 TITLE: AN ORDINANCE TEMPORARILY WAIVING TWO CENTS OF THE CITY'S SALES
TAX WITHIN THE BOUNDARIES OF THE LONGS PEAK METROPOLITAN DISTRICT WHEREAS, the City of Wheat Ridge currently imposes a sales tax of three percent (3.0%) or three cents ($0.03) on every
$1 .00 of all taxable retail sales within the City pursuant to Article I of Chapter 22 of the Wheat Ridge Code of Laws; and . WHEREAS, the City, acting by its City Council, has, prior
to the effective date of this Ordinance, approved an "Amended and Restated Intergovernmental Agreement Between the City of Wheat Ridge, Colorado and the Longs Peak Metropolitan District,"
(the "Intergovernmental Agreement"), which Agreement provides, among other things, for the issuance by the District of bonds for the purpose of raising funds to construct certain public
improvements within the boundaries of the District; and WHEREAS, all the real property within within the District is also located within the boundaries of the City; and WHEREAS, the
Longs Peak Metropolitan District is obligated by the terms of the Intergovernmental Agreement to construct the public improvements, which improvements will be of benefit to residents
of and visitors to the City; and WHEREAS, the Intergovernmental Agreement provides for payment of debt service on the bonds with two separate public improvement fees of two cents ($.02)
("Credit PIF") and six-tenths of one cent ($0.006)("Add-on PIF") respectively, imposed by private covenant on retail sale transactions within the boundaries of the District, which transactions
are also subject to sales taxation by the City; and WHEREAS, as an inducement to the imposition by the District of the public improvement fees, the City has or will agree in the Intergovernmental
Agreement to temporarily waive two cents ($0.02) of its sales tax on every $1.00 of taxable retail sales transactions within the boundaries of the District; and WHEREAS, temporary waiver
by the City of this portion of its imposed sales tax will facilitate construction of the needed public improvements and be of great benefit to the City, its residents and visitors; and
WHEREAS, the waiver of this portion of the City sales tax is intended to be temporary only and not a change in the City's tax policy within the meaning of applicable law.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Recitals incorporated. The foregoing recitals are fully incorporated herein by this
reference. Section 2. Temporary waiver of sales tax rate. Two cents ($0.02) of the current three cents ($.03) sales tax imposed by Section 22-56 of the Wheat Ridge Code of Laws, as such
section may be renumbered or re-codified from time to time, is hereby temporarily waived with respect to taxable retail sales transactions taking place within the boundaries of the Longs
Peak Metropolitan District, as those boundaries may be adjusted from time to time. This temporary waiver of two cents ($0.02) shall not limit the City's right to change its citywide
sales tax rate, provided that the waiver-granted hereby shall remain at two cents ($0.02) within the boundaries of the District until such waiver is terminated pursuant to the terms
hereof. This temporary waiver shall commence on the first day of the month prior to the date of issuance of any bonds issued by the Longs Peak Metropolitan District (the "First Bonds")
and shall expire on the earlier to occur of: i. payment of all principal and interest on the First Bonds, or ii. twenty five (25) years from the date of the original issuance of the
Bonds, or iii. on the date that, for whatever reason, the "Credit PIF" public improvement fee of $0.02 provided for in Section 8 of the Intergovernmental Agreement ceases to be collected
within the District. The term of the temporary waiver of sales tax established hereby is absolute and shall not be extended for any reason, including without limitation extension of
the term of any bonds issued by the District, whether by refunding or otherwise, or by default in the payment of principal or interest on any of said bonds. Upon termination of the temporary
waiver hereby granted, retailers within the boundaries of the District shall collect and remit to the City the full amount of the City sales tax then in effect, in accordance with state
and local law. Section 3. Effective date. This ordinance shall be effective upon adoption on second reading, as permitted by Section 5.11 of the Charter, provided, however, that should
the District fail , for any reason, to issue the First Bonds on or before December 31 , 2011 , this ordinance and the temporary sales tax waiver granted hereby shall be null and void.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 0 on this 11th day of April, 2011, ordered published in full in a newspaper of general circulation in the City of Wheat
Ridge, and Public Hearing and consideration on final passage set for April 25, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. Public Hearing
continued to May 9, 2011 , further continued to May 23, 2011. -2-
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2011. SIGNED by the Mayor on this __ day of _____ , 2011. Jerry DiTullio, Mayor ATTEST:
Michael Snow, City Clerk . Approved as to Form Gerald E. Dahl, City Attorney First Publication: April 14, 2011: April 28, 2011: May 12, 2011 Second Publication: Wheat Ridge Transcript
Effective Date: -3-
~ ~ . ~ ... ~ ~ City of • ?Wheat~dge ITEMNO:~ DATE: May 23, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 20-2011 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF LAWS OF
THE CITY OF WHEAT RIDGE CONCERNING THE REGULATION OF HOOP HOUSES D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS ISSUE: [gI ORDINANCES FOR 1 ST READING (05/23/2011) D ORDINANCES FOR 2ND
READING (06/13/2011) DYES [gI NO . £~ The City has previously adopted the 2006 editions of the International Building, Residential and Fire Codes. To complement the zoning changes supporting
urban agriculture that were previously approved by City Council, this ordinance would amend the appropriate sections of the adopted Building, Residential and Fire Codes to allow for
the regulation of hoop houses. PRIOR ACTION: The Council has taken no prior action regarding hoop houses; however, this ordinance makes building, residential and fire code amendments
necessary to regulate hoop houses as they may become increasingly popular in response to the new urban agriculture zoning regulations. FINANCIAL IMPACT: None BACKGROUND: Live Well Wheat
Ridge conducted a study to determine methods of growing and obtaining fresh fruits and vegetables in the City. The study also measured residents' interests in creating urban agriculture
outlets within the City. The study indicated that residents had a substantial interest in
Council Action Fonn May 23 , 2011 Page 2 urban agriculture. Having reviewed this study, the Council initiated zoning changes to allow for urban agriculture. The proposed zoning changes
also implicated certain changes to the City's Building, Residential and Fire Codes to allow for certain structures prevalent in urban agriculture, which were not previously regulated.
Hoop houses are common structures used for urban agriculture and can be regulated. A rendering of a hoop house is included below: The proposed ordinance makes amendments to the City's
Building, Residential and Fire Codes to provide for certain building specifications for hoop houses, which have not been previously regulated in the City. RECOMMENDATIONS: Approve Council
Bill No. 20 -2011 on first reading and set the public hearing. RECOMMENDED MOTION: . "I move to approve Council Bill No. 20-2011, an ordinance amending Chapter 5 of the Code of Laws
of the City of Wheat Ridge, concerning the regulation of hoop houses, on first reading, order it published, public hearing set for Monday, June 13,2011 at 7:00 p.m. in City Council Chambers.
Or, "I move to postpone indefinitely the ordinance amending Chapter 5 of the Code of Laws of the City of Wheat Ridge, concerning the regulation of hoop houses for the following reason(s)
" REPORT PREPARED BY: Gerald Dahl, City Attorney John Schumacher, Chief Building Official ATTACHMENTS: 1. Council Bill No. 20-2011
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ____ _ Council Bill No. 20 Ordinance No. ___ _ Series 2011 TITLE: AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF LAWS OF THE
CITY OF WHEAT RIDGE CONCERNING THE REGULATION OF HOOP HOUSES WHEREAS, the City Council ("Council") of the City of Wheat Ridge, Colorado ("City") has authority to enact ordinances for
the protection of pubtic health, safety and welfare; and WHEREAS, the City of Wheat Ridge Home Rule Charter ("Charter") Section 5.16 provides that standard codes promulgated by any recognized
trade or professional organization may be adopted by reference; and WHEREAS, exercising this authority, the Council has previously adopted the 2006 editions of certain uniform codes,
including the International Building Code, the International Residential Code and the International Fire Code, all of which codes have been made a part of Chapter 5 of the Wheat Ridge
Code of Laws ("Code"); and WHEREAS, the Council wishes to amend certain sections of Chapter 5 incorporate the 2006 versions of the above-referenced uniform codes concerning the regulation
of hoop houses. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 5-76 (b) of the Code is amended by the addition of the following
language, to be inserted numerically as the amendments are so referenced: Section 1 OS. 2 amend with the addition of the following language: 14. HOOP HOUSES AS DEFINED IN SECTION 3102.2
THAT DO NOT EXCEED 400 SQUARE FEET IN FLOOR AREA, THAT ARE NOT OCCUPIED BY THE GENERAL PUBLIC, AND THAT DO NOT CONTAIN MECHANICAL OR ELECTRICAL DEVICES, EQUIPMENTS OR SYSTEMS. Attachment
1 1
Section 2. Section 5-76 (b) of the Code is amended by the addition of the following language, to be inserted numerically as the amendments are so referenced: Section 3102.2 amend with
the addition of the following language: HOOP HOUSE. A STRUCTURE NOT EXCEEDING 1,000 SQUARE FEET IN FLOOR AREA WITH A MAXIMUM SIX MILS THICK POLY FILM ROOF AND WALL COVERING INSTALLED
OVER ROUNDED STRUCTURAL MEMBERS IN WHICH THERE IS NO STORAGE OF SOLVENTS, FERTILIZERS, GASES OR OTHER CHEMICALS OR . FLAMMABLE MATERIALS. STRUCTURES NOT SATISFYING THE REQUIREMENTS OF
105.2 AND 3102.2 SHALL BE CONSIDERED OTHER PERMANENT STRUCTURES, WHICH MUST COMPLY WITH APPLICABLE PORTIONS OF THE CODE FOR SUCH STRUCTURES. HOOP HOUSES EXCEEDING 1,000 SQUARE FEET IN
SIZE SHALL BE DEFINED AS GREENHOUSES FOR THE PURPOSE OF DETERMINING APPLICABILITY OF ADOPTED CODES AND REGULATIONS. Section 3. Section 5-76 (b) of the Code is amended by the addition
of the following language, to be inserted numerically as the amendments are so referenced: Section 1607.11 amend to read in its entirety: 1607.11 Roof loads. The structural supports
of roofs and marquees shall be designed to resist wind and, where applicable, snow and earthquake loads, in addition to the dead load of construction and the appropriate live loads as
prescribed in this section, or as set forth in Table-1607.1. The live loads acting on a sloping surface shall be assumed to act vertically on the horizontal projec.tion of that surface.
FOR HOOP HOUSES AS DEFINED IN SECTION 3102.2, THE MINIMUM LIVE LOAD FOR ROOFS SHALL BE 5 PSF FOR COVERINGS AND 20 PSF FOR STRUCTURAL COMPONENTS. Section 4. Section 5-76 (b) of the Code
is amended by the addition of the following language, to be inserted numerically as the amendments are so referenced: Section 1609.1 amend to read in its entirety: 1609.1 Applications.
Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads described herein. 2
Decreases in wind loads shall not be made for the effect of shielding by other structures. EXCEPTION: HOOP HOUSES AS DEFINED IN SECTION 3102.2 SHALL BE DESIGNED TO PROVIDE RESISTANCE
TO A MINIMUM WIND SPEED OF 70 MILES PER HOUR. Section 5. Section 5-76 (b) of the Code is amended by the addition of the following language, to be inserted numerically as the amendments
are so referenced: Section 3102.3 amend to read in its entirety: 3102.3 Type of construction. Noncombustible membrane structures shall be classified as Type liB construction. Noncombustible
frame or cable-supported structures covered by an approved membrane in accordance with Section 3012.3.1 shall be classified as Type liB construction. Heavy timber frame-supported structures
covered by an approved membrane in accordance with Section 3102.3.1 shall be classified as Type IV construction. Other membrane structures, and hoop houses as defined in Section 3102.2,
shall be classified as Type V construction. Exception: Plastic less than 30 feet above any floor used in HOOP HOUSES AS DEFINED IN SECTION 3102.2 AND greenhouses, where occupancy by
the general public is not authorized, and for aquaculture pond covers is not required to meet the fire propagation performance criteria of NFPA 701. Section 6. Section 5-76 (b) of the
Code is amended by the addition of the following language, to be inserted numerically as the amendments are so . . referenced: . Section 3102.3.1 amend to read in its entirety: 3102.3.1
Membrane and interior liner material. Membrane and interior liners shall be either noncombustible as set forth in Section 703.4 or meet the fire propagation performance criteria of NFPA
701 and the manufacturer's test protocol. Exception: Plastic less than 20 mil in thickness used in HOOP HOUSES AS DEFINED IN SECTION 3102.2 AND IN greenhouses, where occupancy by the
general public is not authorized, and for aquaculture pond covers is not required to meet the fire propagation performance criteria of NFPA 701. 3
Section 7. Section 5-76 (b) of the Code is amended by the addition of the following language, to be inserted numerically as the amendments are so referenced: Section 3102.4 amend to
read in its entirety: 3102.4 Allowable floor areas. The area of a membrane structure shall not exceed the limitations set forth in Table 503, except as provided in Section 506. THE FLOOR
AREA OF HOOP HOUSES AS DEFINED IN SECTION 3102.2 SHALL NOT EXCEED 1,000 SQUARE FEET. Section 8. Section 5-76 (b) of the Code is amended by the addition of the following language, to
be inserted numerically as the amendments are so referenced: Section 3102.5 amend to read in its entirety: 3102.5 Maximum height. Membrane structures shall not exceed one story nor shall
such structures exceed the height limitations in feet set forth in Table 503. HOOP HOUSES AS DEFINED IN SECTION 3102.2 SHALL NOT EXCEED APPLICABLE HEIGHTS SET FORTH IN CODE OF LAWS SECTIONS
26-205 THROUGH 26-214, AND 26-625. Exception: Noncombustible membrane structures serving as roofs only. Section 9. Section 5-76 (b) of the Code is amended by the addition of the following
language, to be inserted numerically as the amendments are so referenced: Section 3102.6.1 amend to read in its entirety: 3102.6.1 Noncombustible membrane. A noncombustible membrane
shall be permitted for use as the roof or as a skylight of any building or atrium of a building of any type of construction provided it is at least 20 feet above any floor, balcony or
gallery. A NONCOMBUSTIBLE POLY FILM NOT EXCEEDING 6 MILLIMETERS IN THICKNESS SHALL BE PERMITTED TO BE USED AS THE ROOF AND WALL COVERING FOR STRUCTURES DEFINED AS HOOP HOUSES IN SECTION
3102.2, REGARDLESS OF HEIGHT. Section 10. Section 5-85 (b) of the Code is amended by the addition of the following language, to be inserted numerically as the amendments are so referenced:
4
R202 Definitions amend with the addition of the following language: HOOP HOUSE. A STRUCTURE NOT EXCEEDING 1,000 SQUARE FEET IN FLOOR AREA WITH A MAXIMUM SIX MILS THICK POLY FILM ROOF
AND WALL COVERING INSTALLED OVER ROUNDED STRUCTURAL MEMBERS IN WHICH THERE IS NO STORAGE OF SOLVENTS, FERTILIZERS, GASES OR OTHER CHEMICALS OR FLAMMABLE MATERIALS. HOOP HOUSES AS DEFINED
ABOVE SHALL BE REGULATED IN ACCORDANCE WITH THE INTERNA TlONAL BUILDING CODE AS ADOPTED. STRUCTURES NOT SATISFYING THE REQUIREMENTS OF 105.2 AND 3102.2 OF THE INTERNA TlONAL BUILDING
CODE, AS ADOPTED, SHALL BE CONSIDERED OTHER PERMANENT STRUCTURES, WHICH MUST COMPLY WITH APPLICABLE PORTIONS OF THE CODE FOR SUCH STRUCTURES. HOOP HOUSES EXCEEDING 1,000 SQUARE FEET
IN SIZE SHALL BE DEFINED AS GREENHOUSES OR MEMBRANE STRUCTURES FOR THE PURPOSE OF DETERMINING APPLICABILITY OF ADOPTED CODES AND REGULATIONS. Section 11. Section 5-86 (b) of the Code
is amended by the add ition of the following language, to be inserted numerically as the amendments are so referenced: Section 2402.1 amend with the addition of the following language:
HOOP HOUSE. A STRUCTURE NOT EXCEEDING 1,000 SQUARE FEET IN FLOOR AREA WITH A MAXIMUM SIX MILS THICK POLY FILM ROOF AND WALL COVERING INSTALLED OVER ROUNDED STRUCTURAL MEMBERS IN WHICH
THERE IS NO STORAGE OF SOLVENTS, FERTILIZERS, GASES OR OTHER CHEMICALS OR FLAMMABLE MATERIALS. HOOP HOUSES AS DEFINED ABOVE SHALL BE REGULATED IN ACCORDANCE WITH THE INTERNA TlONAL BUILDING
CODE AS ADOPTED. STRUCTURES NOT SATISFYING THE REQUIREMENTS OF 105.2 AND 3102.2 OF THE INTERNA TlONAL BUILDING CODE, AS ADOPTED, SHALL BE CONSIDERED OTHER PERMANENT STRUCTURES, WHICH
MUST COMPLY WITH APPLICABLE PORTIONS OF THE CODE FOR SUCH STRUCTURES. HOOP HOUSES EXCEEDING 1,000 SQUARE FEET IN SIZE SHALL BE DEFINED AS GREENHOUSES OR MEMBRANE STRUCTURES FOR THE PURPOSE
OF DETERMINING APPLICABILITY OF ADOPTED CODES AND REGULATIONS. Section 12. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall
be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses 5
shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 13. Effective Date. This Ordinance
shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to _ on this __
day of , 2011, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for , 2011 at 7:00
p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, this day of , 2011.
SIGNED by the Mayor on this __ day of _____ , 2011. ATTEST: Michael Snow, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor
Approved as to Form Gerald E. Dahl, City Attorney 6
~~.I4' -_ ~ City of. ? WheatRt-dge ITEMNO: ~ DATE: May 23, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 13-2011 -A RESOLUTION APPROVING A CONTRACT WITH THE URBAN DRAINAGE
AND FLOOD CONTROL DISTRICT AND THE CITY OF ARVADA FOR THE DESIGN, RIGHT-OF-WAY ACQUISITION AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR THE RIDGE ROAD TRIBUTARY, DOWNSTREAM
OF WARD ROAD, ALONG WITH AMENDING THE FISCAL YEAR 2011 CAPITAL INVESTMENT PROGRAM BUDGET, AND IN CONNECTION THEREWITH, APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF
$50,000 D PUBLIC HEARING D BIDSIMOTIONS RESOLUTIONS ISSUE: D ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING DYES An intergovernmental agreement is required between the Urban
Drainage and Flood Control District (UDFCD), the City of Arvada and the City concerning the construction of storm drainage facilities proposed to serve the Gold Line Commuter Rail System.
PRIOR ACTION: City Council discussed the proposed drainage project at the April 18,2011 Study Session. An Intergovernmental Agreement with the Regional Transportation District (RTD),
which anticipated the proposed UDFCD Agreement, was approved by the City Council on April 25, 2011.
Council Action Form May 23, 2011 Page 2 FINANCIAL IMPACT: The Agreement requires the City to contribute $50,000 at this time to finance the design of the storm sewer. An amendment to
this Agreement will be proposed at a later date to fund the construction of the project. BACKGROUND: The Intergovernmental Agreement (IGA)
with the RTD for funding the FasTracks Gold Line, approved by the City Council on April 25, 2011, requires the City to construct a regional storm sewer along the RTD railroad right-of-way
from Ward Road to approximately Simms Place. The City Staff has negotiated advancing a $750,000 UDFCD 2013 grant to construct this storm water facility. Arvada has negotiated similar
terms with RTD and UDFCD for the contInuation of the storm sewer from Simms Place to Quail Street. The attached agreement will allow the design of the pipeline to begin at this time
to meet the RTD railway construction schedule. As normally required, a local match of 50% ofthe estimated project costs must be provided. Arvada and the City will provide equal shares
of the local match required by UDFCD. The City will, therefore, be obligated to post $50,000 with UDFCD to fund the design work. Once the project is designed and good engineering estimates
are developed for the work, an amendment to the IGA will be prepared. It is anticipated that this IGA amendment will be required in early 2012. The City's local match (estimated at $700,000)
will be requested in the proposed 2012 CIP Budget. RECOMMENDATIONS: Staff recommends that the UDFCD IGA be approved. RECOMMENDED MOTION: "I move to approve Resolution No. 13,2011 a resolution
approving a contract with the Urban Drainage and Flood Control District and the City of Arvada for the construction of the Ridge Road Tributary." , I Or: "I move to table indefinitely
Resolution No. 13,2011 a resolution approving a contract with the Urban Drainage and Flood Control District and the City of Arvada for the construction ofthe Ridge Road Tributary for
the following reason(s) " REPORT PREPARED/REVIEWED BY: Tim Paranto, Public Works Director ATTACHMENTS: 1. UDFCD IGA 2. Resolution No. 13,2011
AGREEMENT REGARDING FINAL DESIGN, RIGHT-OF-WAY ACQUISITION AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR RIDGE ROAD TRIBUTARY, DOWNSTREAM OF WARD ROAD, JEFFERSON COUNTY
Agreement No. 11-05.01 THIS AGREEMENT, made this day of , 2011, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT"), CITY OF WHEAT RIDGE (hereinafter
called "WHEAT RIDGE"), and CITY OF ARVADA (hereinafter called "ARVADA" and collectively known as "PARTIES"; WITNESSETH: WHEREAS, DISTRICT, in a policy statement previously adopted (Resolution
No. 14, Series of 1970 and Resolution No. 11, Series of 1973) expressed an intent to assist public bodies which have heretofore enacted floodplain regulation measures; and WHEREAS, PARTIES
participated in ajoint planning study titled "Outfall Systems PlanningColumbine Basin" by Muller Engineering Company, Inc., dated December, 1994 (hereinafter called "PLAN"); and WHEREAS,
PARTIES now desire to proceed with the design, right-of-way acquisition and construction of drainage and flood control improvements for Ridge Road Tributary, downstream of Ward Road,
Jefferson County (hereinafter called "PROJECT"); and WHEREAS, DISTRICT has adopted at a public hearing a Five-Year Capital Improvement Program (Resolution No. 68, Series of2010) for
drainage and flood control facilities in which PROJECT was included in the 2011 calendar year; and WHEREAS, DISTRICT has heretofore adopted a Special Revenue Fund Budget for calendar
year 2011 subsequent to public hearing (Resolution No. 52, Series of 20 10) which includes funds for PROJECT; and WHEREAS, DISTRIC1."s Board of Directors has authorized DISTRICT financial
participation for PROJECT (Resolution No. 34, Series of2011); and WHEREAS, the City Councils of Wheat Ridge and Arvada and the Board of Directors of DISTRICT have authorized, by appropriation
or resolution, all of PROJECT costs of the respective PARTIES. NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows: 1. SCOPE OF
THIS AGREEMENT This Agreement defines the responsibilities and financial commitments of PARTIES with respect to PROJECT. \dcm\agrmnt\ II \ II0501 Attachment 1 1
2. SCOPE OF PROJECT A. Outfall Systems Plan Update. PROJECT shall include revaluation of recommendations defined in PLAN, west of Ward Road. B. Final Design. PROJECT shall include the
final design of improvements in accordance with the recommendations defined in PLAN, and as modified by Item A. Specifically, the final design of facilities shall extend from approximately
Ward Road to Quail Street, as shown on Exhibit A. C. Right-of-Way Delineation and Acquisition. Right-of-way for the improvements as set forth in the final design and an estimate of costs
for acquisition shall be determined. Maps, parcel descriptions and parcel plats shall also be prepared. D. Construction. PROJECT shall include construction by DISTRICT of the drainage
and flood control improvements as set forth in the final design and vegetation establ ishment. 3. PUBLIC NECESSITY PARTIES agree that the work performed pursuant to this Agreement is
necessary for the health, safety, comfort, convenience, and welfare of all the people of the State, and is of particular benefit to the inhabitants of DISTRICT and the property therein.
4. PROJECT COSTS AND ALLOCA nON OF COSTS A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist of and be limited to the following: 1. Outfall systems plan
update; 2. Final design services; 3. Delineation, description and acquisition of required rights-of-way/easements; 4. Construction of improvements; 5. Contingencies mutually agreeable
to PARTIES. B. It is understood that PROJECT costs as defined above are not to exceed $200,000 without amendment to this Agreement. PROJECT costs for the various elements of the effort
are estimated as follows: ITEM AMOUNT 1. Outfall Systems Plan Update $ 30,000 2. Final Design 170,000 2. Right-of-way -0-* 3. Construction -0-* 4. Contingency -0-* Grand Total $200,000
* It is anticipated that additional monies will be added in future years by amendment. This breakdown of costs is for estimating purposes only. Costs may vary between the various elements
of the effort without amendment to this Agreement provided the total \dcmlagnnnt\ II \ II0501 2
5. expenditures do not exceed the maximum contribution by all PARTIES plus accrued interest. C. Based on total PROJECT costs, the maximum percent and dollar contribution by each party
shall be: Percentage Maximum Share Contribution DISTRICT 50.00% $100,000 WHEAT RIDGE 25.00% $ 50,000 ARVADA 25.00% $ 50,000 TOTAL 100.00% $200,000 MANAGEMENT OF FINANCES As set forth
in DISTRICT policy (Resolution No. 11, Series of 1973, Resolution No. 49, Series of 1977, and Resolution No. 37, Series of 2009), the funding ofa local body's one-half share may come
from its own revenue sources or from funds received from state, federal or other sources of funding without limitation and without prior Board approval. Payment of each party's full
share (WHEAT RIDGE -$50,000; ARVADA -$50,000 DISTRICT -$100,000) shall be made to DISTRICT subsequent to execution of this Agreement and within 30 days of request for payment by DISTRICT.
The payments by PARTIES shall be held by DISTRICT in a special fund to pay for increments of PROJECT as authorized by PARTIES, and as defined herein. DISTRICT shall provide a periodic
accounting of PROJECT funds as well as a periodic notification to WHEAT RIDGE and ARVADA of any unpaid obligations. Any interest earned by the monies contributed by PARTIES shall be
accrued to the special fund established by DISTRICT for PROJECT and such interest shall be used only for PROJECT upon approval by the contracting officers (Paragraph 13). Within one
year of completion of PROJECT if there are monies including interest earned remaining which are not committed, obligated, or disbursed, each party shall receive a share of such monies,
which shares shall be computed as were the original shares. 6. FINAL DESIGN The contracting officers for PARTIES, as defined under Paragraph 13 of this Agreement, shall select an engineer
mutually agreeable to both PARTIES. DISTRICT shall contract with selected engineer and shall supervise and coordinate the final design including right-of-way delineation subj ect to
approval of the contracting officer for WHEAT RIDGE and ARVADA. Payment for final design services shall be made by DISTRICT as the work progresses from the PROJECT fund established as
set forth above. Final design services shall consist of, but not be limited to, the following: A. Preparation of a work plan schedule identifying the timing of major elements in the
design; B. Delineation of required right-of-way/easements; C. Preparation of detailed construction plans and specifications; \dcmlagnnnt\ II \ II0501 3
D. Preparation of an estimate of probable construction costs of the work covered by the plans and specifications; E. Preparation of an appropriate construction schedule. DISTRICT shall
provide any written work product by the engineer to WHEAT RIDGE and ARVADA. 7. RIGHT-OF-WAY WHEAT RIDGE and ARVADA, with DISTRICT assistance, shall be responsible for acquiring, subject
to approval of DISTRICT, such land or interests in land needed to implement construction of the drainage and flood control improvements as defined herein. The cost to be shared by PARTIES
for right-of-way acquisition may include relocation costs of existing occupants .. Appraisal costs and costs associated with condemnation (including outside legal costs) will also be
considered a PROJECT cost. Right-of-way acquisition by negotiation and /or the exercise of eminent domain shall be in full compliance with the laws of the State of Colorado. In addition,
the right-of-way acquired shall be in the name of the WHEAT RIDGE and ARVADA and the conveyancing document shall be promptly recorded in the records of the Clerk and Recorder of the
WHEAT RIDGE and ARVADA. DISTRICT shall serve as the paying agency. A. Coordination of Right-of-Way Acquisition. Cost sharing by PARTIES will be based on supporting documentation such
as formal appraisals, reasonable relocation cost settlements, legal description of the property, and other information deemed appropriate to the acquisition. Furthermore, cost sharing
will be only for the properties, or portions thereof, approved by PARTIES to be needed for the drainage and flood control portions of PROJECT. Request for such approval shall include
appraisals of property, legal description of the property, and other information deemed appropriate to the acquisition by PARTIES to this Agreement. WHEAT RIDGE and ARVADA shall purchase
the right-of-way only after receiving prior approval of DISTRICT, and such purchases shall be made with PROJECT funds. B. Payment for Right-of-Way Acquisition. Following purchase or
receipt of executed memorandum of agreement between WHEAT RIDGE and ARVADA and property owner for the needed right-of-way that commits the property owner to sell property to WHEAT RIDGE
and ARVADA at a price certain and on a date certain, WHEAT RIDGE and ARVADA shall so advise DISTRICf and request payment as provided above. DISTRICT shall make payment within 30 days
of receipt of request accompanied by the information set forth above. C. Ownership of Property and Limitation of Use. WHEAT RIDGE and ARVADA shall own the property either in fee or non-revocable
easement and shall be responsible for same. It is specifically understood that the right-of-way is being used for drainage and flood control purposes. The properties upon which PROJECT
is constructed shall not be used for any purpose that will diminish or preclude its use for drainage and flood control purposes. \dcmlagnnnt\ II \ II0501 4
WHEAT RIDGE and ARVADA may not dispose of or change the use of the properties without approval of DISTRICT. If, in the future, WHEAT RIDGE and ARVADA disposes of any portion of or aH
of the properties acquired upon which PROJECT is constructed pursuant to this Agreement; changes the use of any portion or all of the properties upon which PROJECT is constructed pursuant
to this Agreement; or modifies any of the improvements located on any portion of the properties upon which PROJECT is constructed pursuant to this Agreement; and WHEAT RIDGE and ARVADA
has not obtained the written approval of DISTRICT prior to such action, WHEAT RIDGE and ARVADA shall take any and aH action necessary to reverse said unauthorized activity and return
the properties and improvements thereon, acquired and constructed pursuant to this Agre.ement, to the ownership and condition they were in immediately prior to the unauthorized activity
at WHEAT RIDGE and ARVADA's sole expense. In the event WHEAT RIDGE and ARVADA breaches the terms and provisions of this Paragraph 7.C and does not voluntarily cure as set forth above,
DISTRICT shall have the right to pursue a claim against WHEAT RIDGE and ARVADA for specific performance of this portion of the Agreement. DISTRICT may, subsequent to the recording by
WHEAT RIDGE and ARVADA of any document transferring title or another interest to property acquired pursuant to this Agreement to WHEAT RIDGE and ARVADA, record a memorandum of this Agreement
(Exhibit B), specifically a verbatim transcript of Paragraph 7.C. Ownership of Property and Limitation of Use except for this sub-paragraph which shall not be contained in the memorandum.
The memorandum shall reference by legal description the property being acquired by WHEAT RIDGE and ARVADA and shall be recorded in the records of the Clerk and Recorder of Jefferson
County immediately foHowing the recording of the document transferring title or another interest to WHEAT RIDGE and ARVADA. WHEAT RIDGE and ARVADA authorizes the recording of that memorandum
and acknowledges that the same is meant to encumber the property with its restrictions. 8. MANAGEMENT OF CONSTRUCTION A. Costs. Construction costs shaH consist of those costs as incurred
by the lowest acceptable bidder(s) including detour costs, licenses and permits, utility relocations, and construction related engineering services as defined in Paragraph 4 of this
Agreement. B. Construction Management and Payment 1. DISTRICT, with the assistance of WHEAT RIDGE and ARVADA, shall administer and coordinate the construction-related work as provided
herein. 2. DISTRICT, with assistance and approval of WHEAT RIDGE and ARV ADA, shall advertise for construction bids; conduct a bid opening; prepare construction contract documents; and
award construction contract(s). 3. DISTRICT shall require the contractor to provide adequate liability insurance that includes WHEAT RIDGE and ARVADA. The contractor shaH be required
to \dcmlagnnnt\ 11 \110501 5
indemnify WHEAT RIDGE and ARV ADA. Copies of the insurance coverage shall be provided to WHEAT RIDGE and ARVADA. 4. DISTRICT, with assistance of WHEAT RIDGE and ARVADA, shaH coordinate
field surveying; staking; inspection; testing; acquisition of right-of-way; and engineering as required to construct PROJECT. DISTRICT, with assistance of WHEAT RIDGE and ARVADA, shaH
assure that construction is performed in accordance with the construction contract documents including approved plans and specifications and shaH accurately record the quantities and
costs relative thereto. Copies of aH inspection reports shaH be furnished to WHEAT RIDGE and ARVADA on a weekly basis. DISTRICT shaH retain an engineer to perform aH or a part of these
duties. 5. DISTRICT, with approval of WHEAT RIDGE and ARVADA, shaH contract with and provide the services of the design engineer for basic engineering construction services to include
addendum preparation; survey control points; explanatory sketches; revisions of contract plans; shop drawing review; as-built plans; weekly inspection of work; and final inspection.
6. PARTIES shaH have access to the site during construction at all times to observe the progress of work and conformance to construction contract documents including plans and specifications.
7. DISTRICT shaH review and approve contractor billings and send them to WHEAT RIDGE and ARVADA for approval. DISTRICT shall remit payment to contractor based on billings approved by
PARTIES. 8. DISTRICT, with assistance and written concurrence by WHEAT RIDGE and ARVADA, shall prepare and issue aH written change or work orders to the contract documents. 9. PARTIES
shall jointly conduct a final inspection and accept or reject the completed PROJECT in accordance with the contract documents. 10. DISTRICT-shaH provide WHEAT RIDGE and ARVADA a set
of reproducible "asbuilt" plans. C. Construction Change Orders. In the event that it becomes necessary and advisable to change the scope or detail of the work to be performed under the
contract(s), such changes shaH be rejected or approved in writing by the contracting officers. No change orders shall be approved that increase the costs beyond the funds available in
the PROJECT fund, including interest earned on those funds, unless and until the additional funds needed to pay for the added costs are committed by all PARTIES. 9. MAINTENANCE PARTIES
agree that WHEAT RIDGE and ARV ADA shaH own and be responsible for maintenance of the completed and accepted PROJECT. PARTIES further agree that DISTRICT, at WHEAT RIDGE and ARVADA's
request, shaH assist WHEAT RIDGE and ARVADA with the Idcmlagnnntl l 111 10501 6
maintenance of all facilities constructed or modified by virtue of this Agreement to the extent possible depending on availability of DISTRICT funds. Such maintenance assistance shall
be limited to drainage and flood control features of PROJECT. Maintenance assistance may include activities such as keeping flow areas free and clear of debris and silt, keeping culverts
free of debris and sediment, repairing drainage and flood control structures such as drop structures and energy dissipaters, and clean-up measures after periods of heavy runoff. The
specific nature of the maintenance assistance shall be set forth in a memorandum of understanding from DISTRICT to WHEAT RIDGE and ARVADA, upon acceptance of DISTRICT's annual Maintenance
Work Program. DISTRICT shall have right-of-access to right-of-way and storm drainage improvements at ~ll times for observation of flood control facility conditions and for maintenance
when funds are available. 10. FLOODPLAIN REGULATION WHEAT RIDGE and ARVADA agrees to regulate and and control the floodplain of Ridge Road Tributary within WHEAT RIDGE and ARVADA in
the manner prescribed by the National Flood Insurance Program and prescribed regulations thereto as a minimum. PARTIES understand and agree, however, that WHEAT RIDGE and ARVADA cannot
obligate itself by contract to exercise its police powers. If WHEAT RIDGE and ARVADA fails to regulate the floodplain of Ridge Road Tributary within WHEAT RIDGE and ARVADA in the manner
prescribed by the National Flood Insurance Program and prescribed regulations thereto as a minimum, DISTRICT may exercise its power to do so and WHEAT RIDGE and ARVADA shall cooperate
fully. 11. TERM OF AGREEMENT The term of this Agreement shall commence upon final execution by all PARTIES and shall terminate three (3) years after the final payment is made to the
construction contractor and the final accounting of funds on deposit at DISTRICT is provided to all PARTIES pursuant to Paragraph 5 herein, except for Paragraph 10. FLOODPLAIN REGULATION,
Paragraph 7.e. Ownership of Property and Limitation-of Use, and Paragraph 9. MAINTENANCE, which shall run in perpetuity. 12. LIABILITY Each party hereto shall be responsible for any
suits, demands, costs or actions at law resulting from its own acts or omissions and may insure against such possibilities as appropriate. 13. CONTRACTING OFFICERS AND NOTICES A. The
contracting officer for WHEAT RIDGE shall be the Director of Public Works, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033. B. The contracting officer for ARVADA shall be the Public
Works Director, 8101 Ralston Road, PO Box 8101, Arvada, Colorado 80022. e. The contracting officer for DISTRICT shall be the Executive Director, 2480 West 26th Avenue, Suite 156B, Denver,
Colorado 80211. \dcmlagnnnt\\ 1\\ \050\ 7
D. Any notices, demands or other communications required or permitted to be given by any provision of this Agreement shall be given in writing, delivered personally or sent by registered
mail, postage prepaid and return receipt requested, addressed to PARTIES at the addresses set forth above or at such other address as either party may hereafter or from time to time
designate by written notice to the other party given when personally delivered or mailed, and shall be considered received in the earlier of either the day on which such notice is actually
received by the party to whom it is addressed or the third day after such notice is mailed. E. The contracting officers for PARTIES each agree to designate and assign a PROJECT representative
to act on the behalf of said PARTIES in all matters related to PROJEGT undertaken pursuant to this Agreement. Each representative shall coordinate all PROJECT-related issues between
PARTIES, shall attend all progress meetings, and shall be responsible for providing all available PROJECT-related file information to the engineer upon request by DISTRICT or WHEAT RIDGE
and ARVADA. Said representatives shall have the authority for all approvals, authorizations, notices or concurrences required under this Agreement or any amendments or addenda to this
Agreement. 14. AMENDMENTS This Agreement contains all of the terms agreed upon by and among PARTIES. Any amendments or modifications to this Agreement shall be in writing and executed
by PARTIES hereto to be valid and binding. 15. SEVERABILITY If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction
or by operation of any applicable law, such invalid or unenforceable clause or provision shall not affect the validity of the Agreement as a whole and all other clauses or provisions
shall be given full force and effect. 16. APPLICABLE LAWS This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for any and all
legal actions regarding the transaction covered herein shall lie in District Court in and for the County of Denver, State of Colorado. 17. ASSIGNABILITY No party to this Agreement shall
assign or transfer any of its rights or obligations hereunder without the prior written consent of the nonassigning party or parties to this Agreement. 18. BINDING EFFECT The provisions
of this Agreement shall bind and shall inure to the benefit of PARTIES hereto and to their respective successors and permitted assigns. \dcmlagnnnt\ II \ II0501 8
19. ENFORCEABILITY PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity, by decree of specific performance or damages, or such other legal or
equitable relief as may be available subject to the provisions of the laws of the State of Colorado. 20. TERMlNA TION OF AGREEMENT This Agreement may be terminated upon thirty (30) day's
written notice by any of PARTIES, but only if there are no contingent, outstanding contracts. If there are contingent, outstanding contracts, this Agreement may only be terminated upon
mutual agreement of all PARTIES and only upon the cancellation of all contingent, outstanding contracts. All costs associated with the cancellation of the contingent contracts shall
be shared between PARTIES in the same ratiQ(s) as were their contributions and subject to the maximum amount of each party's contribution as set forth herein. 21. EMPLOYMENT STATUS This
Agreement shall not change the employment status of any employees of PARTIES. No party shall have the right to control or direct the activities of any employees of another related to
this Agreement. 22. PUBLIC RELATIONS It shall be at WHEAT RIDGE and ARVADA's sole discretion to initiate and to carry out any public relations program to inform the residents in PROJECT
area as to the purpose of PROJECT and what impact it may have on them. Technical and final design recommendations shall be presented to the public by the selected engineer. In any event
DISTRICT shall have no responsibility for a public relations program, but shall assist WHEAT RIDGE and ARVADA as needed and appropriate. 23. NO DISCRIMINATION IN EMPLOYMENT In connection
with the performance of work under this Agreement, PARTIES agree not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation againsUmy person otherwise
qualified because of race, color, ancestry, creed, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability and further
agree to insert the foregoing provision in all subcontracts hereunder. 24. APPROPRIATIONS Notwithstanding any other term, condition, or provision herein, each and every obligation of
WHEAT RIDGE and ARVADA and/or DISTRICT stated in this Agreement is subject to the requirement of a prior appropriation of funds therefore by the appropriate governing body of WHEAT RIDGE
and ARVADA and/or DISTRICT. 25. NO THIRD PARTY BENEFICIARIES It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to PARTIES, and nothing contained in this Agreement shall give or allow any such claim or right of \dcmlagrmnt\ 11 \ 110501 9
action by any other or third person on such Agreement. It is the express intention of PARTIES that any person or party other than anyone of PARTIES receiving services or benefits under
this Agreement shall be deemed to be an incidental beneficiary only. 26. ILLEGAL ALIENS PARTIES agree that any public contract for services executed as a result of this intergovernmental
agreement shall prohibit the employment of illegal aliens in compliance with §8-17 .5-10 I C.RS. et seq. The following language shall be included in any contract for public services:
"The Consultant or Contractor shall not and by signing this Agreement certifies that it does not knowingly employ or contract with an illegal alien to perform work under this Agreement.
Consultant or Contractor shall not enter into a subcontract with a subcontractor that fails to certify to the Consultant or Contractor that the subcontractor shall not knowingly employ
or contract with an illegal alien to perform work under this public contract for services. Consultant or Contractor affirms that they have verified through participation in the Colorado
Employment Verification program established pursuant to 8-17.5-102 (5)( c) C.RS. or the Electronic Employment Verification Program administered jointly by the United States Department
of Homeland Security and the Social Security Administration that Consultant or Contractor does not employ illegal aliens. Consultant or Contractor is prohibited from using these procedures
to undertake pre-employment screening of job applicants while the public contract for services is being performed. In the event that the Consultant or Contractor obtains actual knowledge
that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Consultant or Contractor shall be required to: A. Notify the subcontractor
and PARTIES within three days that the Consultant or Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and B. Terminate the subcontract
with the subcontractor if within three days of receiving the notice required the Subcontractor does not stop employing or contracting with the illegal alien; except that the CC?nsultant
or Contractor shall not terminate the contract with the Subcontractor if during such three days the Subcontractor provides information to establish that the subcontractor has not knowingly
employed or contracted with an illegal alien. Consultant or Contractor is required under this Agreement to comply with any reasonable request by the Colorado Department of Labor and
Employment (DEPARTMENT) made in the course of an investigation the DEPARTMENT is undertaking pursuant to its legal authority. Violation of this section of this Agreement shall constitute
a breach of this Agreement and may result in termination by PARTIES. Consultant or Contractor shall be liable to PARTIES for actual and consequential damages to PARTIES resulting from
such breach pursuant to §8-17 .5-101 (3) C.RS. PARTIES shall also report any such breach to the Office of the Secretary of State. Consultant or Contractor acknowledges that the DEPARTMENT
may investigate whether Consultant or Contractor is complying with the provision of the
Agreement. This may include on-Idcm\agrmnt\l\ 1\1 050 I 10
site inspections and the review of documentation that proves the citizenship of any person performing work under this Agreement and any other reasonable steps necessary to determine
compliance with the provisions of this section." 27. GOVERNMENTAL IMMUNITIES The PARTIES hereto intend that nothing herein shall be deemed or construed as a waiver by either PARTY of
any rights, limitations, or protections afforded to them under the Colorado Governmental Immunity Act (Section 24-10-1-1, c.R.S., et~.) as now or hereafter amended or otherwise available
at law or equity. 28. INTENT OF AGREEMENT Except as otherwise stated herein, this Agreement is intended to describe the rights and responsibilities of and between the PARTIES and is
not intended to and shall not be deemed to confer rights upon any person or entities not named as PARTIES, nor to limit in any way the powers and responsibilities of the WHEAT RIDGE
AND ARVADA, the DISTRICT or any other entity not a party hereto. 29. EXECUTION IN COUNTERPARTS This Agreement shall be executed by PARTIES in counterparts and only upon execution ofthe
responsible counterparts by everyone listed herein shall this Agreement be treated as executed by PARTIES. WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly
authorized signatories as of the date and year first above written. (SEAL) ATTEST: \dcmlagrrnnt\1 1\1 10501 11 URBAN DRAINAGE AND FLOOD CONTROL DISTRICT By _______________________ __
Title Executive Director Date ____________ _
(SEAL) ATTEST: APPROVED AS TO FORM: City Attorney Idcm\agnnntlJlIl10501 CITY OF WHEAT RIDGE By _______________________ _ Title. _______________________ _ Date. _______________________
_ 12
(SEAL) ATTEST: APPROVED AS TO FORM: City Attorney \dcm\agnnnt\ l 1\1 10501 CITY OF ARVADA By _______________________ __ Title ________________________ _ Date _______________________
_ 13
AGREEMENT REGARDING FINAL DESIGN, RIGHT-OF-WAY ACQUISITION AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL ThJPROVEMENTSFOR RIDGE ROAD TRIBUTARY, DOWNSTREAM OF WARD ROAD, JEFFERSON COUNTY
Agreement No. 11-05.01 Exhibit A
SAMPLE AGREEMENT REGARDING FINAL DESIGN, RIGHT-OF -WAY ACQUISITION AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR Agreement No. ___ _ Exhibit B MEMORANDUM This MEMORANDUM
is entered into this day of , 20_ by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT, a quasi-governmental entity, whose address is 2480 West 26th Avenue, Suite 156-B, Denver,
Colorado 80211 (hereinafter called "DISTRICT") and _____________ -', a governmental entity, whose address is ______________ (hereinafter called "COUNTY") and collectively known as "PARTIES";
WHEREAS, PARTIES entered into "Agreement Regarding Final Design, Right-of-Way Acquisition and Construction of Drainage and Flood Control Improvements for _____________ -'," Agreement
No. ________ on or about ____ ----', 20----y (hereinafter called "AGREEMENT"); and WHEREAS, AGREEMENT is unrecorded, however PARTIES have agreed in AGREEMENT to record this MEMORANDUM
in the records of the Clerk and Recorder of __________ --' State of Colorado, in order to put all who inquire on notice of AGREEMENT and in particular Paragraph 7.C of AGREEMENT; and
WHEREAS, in AGREEMENT, PARTIES agreed to participate equally (up to a maximum of $ _____ each) in the cost of the construction of drainage and flood control improvements for __________
-=-_____ within COUNTY boundaries which include _____________________________ (hereinafter called "PROJECT"); and WHEREAS, construction of PROJECT may require the acquisition by COUNTY
of real property; and WHEREAS, AGREEMENT further provides that COUNTY will own all real property required to construct the improvements and that COUNTY ownership of that real property
shall be subject to the terms and conditions of AGREEMENT and in particular Paragraph 7.C of AGREEMENT; and WHEREAS, Paragraph 7.C of AGREEMENT provides in appropriate part as follows:
"7.C. Ownership of Property and Limitation of Use. COUNTY shall own the property either in fee or non-revocable easement and shall be responsible for same. It is specifically understood
that the right-of-way is being used for drainage and flood control purposes. The
properties upon which PROJECT is constructed shall not be used for any purpose that will diminish or preclude its use for drainage and flood control purposes. COUNTY may not dispose
of or change the use of the properties without approval of DISTRICT. If, in the future, COUNTY disposes of any portion of or all ofthe properties acquired upon which PROJECT is constructed
pursuant to this Agreement, changes the use of any portion or all of the properties upon which PROJECT is constructed pursuant to this Agreement, or modifies any of the improvements
located on any portion of the properties upon which PROJECT is constructed pursuant to this Agreement, and COUNTY has not obtained the written approval of DISTRICT, prior to such action,
COUNTY shall take any and all action necessary to reverse said unauthorized activity and return the properties and improvements thereon, acquired and constructed pursuant to this Agreement,
to the ownership and condition they were in immediately prior to the unauthorized activity at COUNTY's sole expense. In the event COUNTY breaches the terms and provisions of this Paragraph
7.C and does not voluntarily cure as set forth above, DISTRICT shall have the right to pursue a claim against COUNTY for specific performance of this portion of the Agreement."; and
WHEREAS, COUNTY has just acquired the real property described in Exhibit Z attached hereto and incorporated herein by reference, as if set forth verbatim herein, pursuant to the terms
and conditions of AGREEMENT for the construction of PROJECT; and WHEREAS, PARTIES intend that the terms and provisions of AGREEMENT, including but not limited to Paragraph 7.C of AGREEMENT
set forth verbatim above, shall apply to and control the real property described in Exhibit Z. IT HAS BEEN AGREED previously in AGREEMENT by and between PARTIES that the terms and provisions
of AGREEMENT, including but not limited to Paragraph 7.C of AGREEMENT set forth verbatim above shall apply to and control the real property described in Exhibit Z, now owned by COUNTY
and that this MEMORANDUM be placed of record for the purposes of encumbering the real property described in Exhibit Z with the limitations and restrictions set forth in this MEMORANDUM.
This MEMORANDUM-is not a complete summary of AGREEMENT. Provisions in this MEMORANDUM shall not be used in interpreting AGREEMENT's provision. In the event of conflict between this MEMORANDUM
and the unrecorded AGREEMENT, the unrecorded AGREEMENT shall control. (SEAL) ATTEST: URBAN DRAINAGE AND FLOOD CONTROL DISTRICT By _______________________ _ Title Executive Director Date.
_____________ _
STATE OF COLORADO ) ) ss. COUNTYOF _____________ ) Subscribed and sworn to before me this _______ day of ______ --', 20-, by WITNESS my hand and official seal. (SEAL) Notary Public My
Commission Expires _____________ _
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 13 Series of 2011 TITLE: A RESOLUTION APPROVING A CONTRACT WITH THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY OF ARVADA FOR
THE DESIGN, RIGHT-OF-WAY ACQUISITION AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR THE RIDGE ROAD TRIBUTARY, DOWNSTREAM OF WARD ROAD, ALONG WITH AMENDING THE FISCAL
YEAR 2011 CAPITAL INVESTMENT PROGRAM BUDGET, AND IN CONNECTION THEREWITH, APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $50,000 WHEREAS, the City Council wishes to
construct a portion of the Ridge Road Tributary; and WHEREAS, the City has negotiated a contract with the Urban Drainage and Flood Control District and the City of Arvada for the local
funding of the Project; NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: 1. Contract Approved The Contract between the City and the Urban Drainage and Flood Control
District and the City of Arvada for construction of the Ridge Road Tributary is hereby approved and the the Mayor and City Clerk are authorized and directed to execute the same. 2. Budget
Amended The City of Wheat Ridge fiscal year 2011 CIP Budget be amended to transfer an amount of $50,000.00 from CIP Fund Balance to line item 30-302-800-834 for the Arvada Channel Improvements
Project. 3. Effective Date -----This Resolution shall be effective immediately upon adoption. DONE AND RESOLVED this __ day of _____ , 2011. Jerry DiTullio, Mayor ATTEST: Michael Snow,
City Clerk Attachment 2
~ ~ 4 ~ ... ~ r City of ? WheatRLdge ITEMNO:l DATE: May 23, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD ITB-II-06, WADSWO~TH BOULEVARD MULTI-USE TRAIL PROJECT, TO T&M
CONSTRUCTION, SEDALIA, COLORADO IN THE AMOUNT OF $324,113.90 D PUBLIC HEARING ~ BIDS/MOTIONS RESOLUTIONS ISSUE: D ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING DYES The City
was awarded a federally funded stimulus project in 2010 for construction of a multi-use trail on Wadsworth Boulevard, SH 121, from 26th Avenue to 32nd Avenue. The project will provide
a lO-foot sidewalk for pedestrians and bicyclists. Bids were recently received and evaluated and the apparent low bidder is T & M Construction, Sedalia, Colorado, with a total bid amount
of $324,113.90. Staffhas evaluated qualifications, experience, references, and recommend award to T & M Construction. PRIOR ACTION: A resolution was approved in October, 2010 to approve
an Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT) authorizing the funding for the design and construction of the project. FINANCIAL IMPACT: The
funding for this project is provided by a federal grant for 80% ofthe cost, with the City responsible for the remaining 20%. CDOT requires that the City fund the project costs and seek
reimbursement upon completion. Interim funding for this project has been approved in the Wadsworth Bike/Ped Trail line item of the 2011 Capital Investment Program Budget in the amount
of $780,000. V:\Forms\CAFtemplate
Council Action Form May 23, 2011 Page 2 BACKGROUND: In July 2010 the City applied for and was awarded a bike and pedestrian federal improvement project grant through the Denver Region
Council of Governments (DRCOG) to fund the design and construction of a multi-use path on Wadsworth Boulevard between 26th Avenue and 32nd Avenue. This pedestrian! bicycle trail is included
in the City Bicycle and Pedestrian Master Plan. City Staff has coordinated with CDOT to develop the appropriate Intergovernmental Agreement (lGA) in October 2010 for management of all
phases of the project. The grant budget, in the amount of $780,000, will finance the project design, oversight and construction. CDOT will perform the contract oversight concerning federal
and state regulations and the City will design and administer the construction of the project. The City will be reimbursed 80% of the cost of the project, not to exceed $624,000. It
is anticipated that the project cost will not require the full amount, due to low bid prices. prices. Bids for the Wadsworth Multi-Use Trail were opened on April 26, 2011. Eight bids
were received. The bids were comprised of a base bid and alternate bid 1. The base bid provides for the construction of the multi-use path, and bid alternate 1 provides the construction
of additional modular concrete retaining walls instead of the guardrail included in the project design. The base bids ranged from $299,663.40 to $754,697.61 and alternate bid 1 ranged
from $15,285.02 to $43,782, respectively. 'The engineer's estimate for the base bid and alternate 1 were $619,617, and $31,960, respectively. The lowest responsible and responsive bidder,
T & M Construction, Sedalia, Colorado, has met the bid and qualification requirements. Because of the favorable bid prices, staff recommends that both base bid and bid alternate 1 be
awarded to T & M Construction. A 20% contingency amount of $64,823 is requested for the cost of other items related to the project to cover usual project changes, as well as any utility
and irrigation line repair cost, due to the nature of this sidewalk construction. RECOMMENDATIONS: Based upon the contractor's demonstrated capabilities and performance on previous City
projects, and due to favorable bid prices, staff recommends the bid be awarded to T & M Construction which includes base bid and bid alternative 1. RECOMMENDED MOTION: "I move to award
ITB-II-06, Wadsworth Multi-Use Trail to T & M Construction, Sedalia, Colorado, in the amount of$324,113.90, and approve a contingency amount of$64,823. I further move that the Director
of Public Works be authorized to issue change orders up to a total contract and contingency amount of$388,936.90." Or,
Council Action F onn May 23, 2011 Page 3 "I move to deny award oflTB-II-06 Wadsworth Multi-Use Trail to T & M Construction, Sedalia, Colorado, for the following reason(s): " REPORT PREPAREDIREVIEWED
BY: Steve Nguyen, Engineering Manager Linda Trimble, Purchasing Agent Tim Paranto, Director of Public Works ATTACHMENTS: I. Project Map 2. Bid Tab Sheet
PROJECT * 8-02-10 8H-121 Wadsworth Multi Use Trail Project Location ;0 31TH PI. PROJECT SITE Attachment 1
PROJECT: ITB-11..Q6 WADSWORTH MULTI-USE TRAIL BID DUE DATEITIME: APRIL 26, 2011 BY 2:00 OUR CLOCK REQUESTED BY: MARK WESTBERG/OPENED BY: LINDA TRIMBLE PURCHASING AGENT WITNESSED BY:
DENISE WOOD, PURCHASING TECHNICIAN ~I" " l -# ... ~ r City of ~Wheat:RL,dge SIGNATURE PAGE Yes Yes Yes Yes No No N ACCEPTS VISA No No ., ACKNOWLEDGE ADDENDUM 1 Yes Yes Yes Yes C G» ACKNOWLEDGE
ADDENDUM 2 Yes Yes Yes Yes E .c ILLEGAL ALIEN COMPLIANCE Yes Yes No Yes U &a CONTRACTOR'S QUALIFICATION Yes Yes Yes ., : Yes ., c( LIST OF SUB-CONTRACTORS Yes Yes No Yes NON-COLLUSION
AFFADAVIT Yes Yes Yes Yes Yes Yes Yes Yes 754,697.61 S 385,126.50 S 318,823.10 Page 1 of 2
PROJECT: ITB-11-06 WADSWORTH MULTI-USE TRAIL BID DUE DATEITIME: APRIL 26,2011 BY 2:00 OUR CLOCK LOCATION Sedalia, CO ':.:,"~";: ;l;!:r~I:~~~i1:I~"IMrr..il!.I'I .'!"~I1l~U'i !'.~:(Iri~jt~
m~'l~.l~r1~~~~1f.~1~f;' t~9i.I• ."~ ;~'l.~,.~ ;~1f,If,) (~,;~.it~!lii i~!'~1:r:~:!~i~!i·tr:' ;; ~!~; ;!·,:;:i, SIGNATURE PAGE Yes ACCEPTS VISA No ACKNOWLEDGE ADDENDUM 1 Yes ACKNOWLEDGE
ADDENDUM 2 Yes ILLEGAL ALIEN COMPLIANCE Yes CONTRACTOR'S QUALIFICATION Yes LIST OF SUB-CONTRACTORS Yes NON-COLLUSION AFFADAVIT Yes BID BOND Yes BASE BID $ 299,663.40 Denver, CO ·!h(;,~!,;<;;;'·:''.··
··,· '. Yes No Yes Yes Yes Yes Yes Yes Yes REQUESTED BY: MARK WESTBERG OPENED BY: LINDA TRIMBLE PURCHASING AGENVLWITNESSED BY: DENISE WOOD, PURCHASING TECHNICIAN Thoutt Brothers Vila
Lobos I Denver, CO I Denver, CO Yes Yes No No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes $ 448,363.00 $ . 497,976.34 Page 2 of 2
.. ~,,~ .... _ ~ City of ~WheatRt-dge ITEMNO:~ DATE: May 23,2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT OF MURRAY DAHL KUECHENMEISTER & RENAUD LLP APRIL 2011
INVOICES FOR LEGAL SERVICES IN THE AMOUNT OF $21,048.27 D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: City Attorney ISSUE: D ORDINANCES FOR 1 ST READING D ORDINANCES
FOR 2ND READING DYES ~ NO City Manager Request to approve the April, 2011 invoices for legal services received from Murray Dahl Kuechenmeister & Renaud LLP (MDKR). The MDKR services
for the month of April exceed the $15,000 limit on manager-approved expenditures; thus requiring Council approval. FINANCIAL IMP ACT: MDKR is within the estimated budget for legal services
as projected in the 2011 budget. RECOMMENDATIONS: Staff recommends approval of the invoices. RECOMMENDED MOTION: "I move to approve payment of the April, 2011 invoices for legal services
in the amount of $21,048.27 payable to Murray Dahl Kuechenmeister & Renaud LLP." Or V :\Forrns\CAFt
empiate Council Action Fonn May 23,2011 Page 2 "I move to table indefinitely the payment of the April, 2011 invoices for legal services in the amount of $21,048.27 payable to Murray
Dahl Kuechenmeister & Renaud LLP, for the following reason(s) " REPORT PREP ARED/REVIEWD BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. April, 2011 MDKR Invoices
Murray Dahl Kuechenmeister & Renaud LLP Attorneys at Law 1530 16th Street, Suite 200 Denver, CO 80202 Ph: 303-493-6670 City of Wheat Ridge 7500 West 29th Ave. Wheat Ridge, CO 80033 Attention:
City Manager Matter Description 53027 City Attorney: General 53027.17 1-70 Dev. -Cabela's 53027.2 Municipal Court 53027.3 Personnel & Litigation 53027.9 Housing Authority Fax:303-477-0965
Fees $7,311.50 $2,900.00 $140.00 $1,773.50 $8,515.75 Totals: $20,640.75 Disbs $354.71 $7.50 $0.00 $40.06 $5.25 $407.52 Apr 30, 2011 Total $7,666.21 $2,907.50 $140.00 $1,813.56 $8,521.00
$21,048.27
\." ~ ... ~ _ .,. City of p WheatRLdge ITEM NO: Cf. DATE: May 23,2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD RFB-II-21, FOR THE PURCHASE OF A STREET SWEEPER, TO OJ WATSON,
DENVER, COLORADO, AT A TOTAL COST OF $157,300 D PUBLIC HEARING ~ BIDSIMOTIONS D RESOLUTIONS ISSUE: D ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING D YES Bids received for
RFB-II-21, for the purchase of a street sweeper, were opened on Wednesday, March 30, 2011. Three bids were received. The apparent low, fully-responsive bidder is OJ Watson of Denver,
Colorado. Based upon compliance with bid specifications, staff recommends award to OJ Watson of Denver, Colorado. PRIOR ACTION: None FINANCIAL IMP ACT: The funds for the purchase of
this vehicle are budgeted in the 2011 Public Works Department General Fund Budget, account number 01-303-800-807, Fleet Replacement. The total approved budgeted amount for the cost of
the vehicle, including the cost of transfer, purchase and installation of new and used equipment, lighting, markings, communications and other miscellaneous equipment is $250,500. BACKGROUND:
Unit #5, the street sweeper to be replaced, is a 1998 Johnston, model 605, vacuum street sweeper. The original purchase price was $118,736. The current odometer reading is approximately
39,000 miles. The current hour meter reading is approximately 5,600. The City's replacement policy for street sweepers is 30,000 miles and/or 10,000 hours and/or six years of
Council Action Form May 23, 2011 Page 2 service. Overall reliability of service to date is rated as average based upon vehicle life maintenance and repair costs totaling approximately
$19,565. The current condition ofthe street sweeper is rated as fair. Outside bids were requested because this vehicle is not offered through the Colorado Pricing Agreement or the Municipal
Association of Procurement Officials (MAPO) purchasing process. Bids received for RFB-II-21, Street Sweeper were opened on Wednesday, March 30, 2011. Three bids were received. The apparent
low, fully-responsive bidder is OJ Watson of Denver, Colorado with a base price of $167,300, less a $10,000 trade-in allowance for the existing sweeper, resulting in a total expenditure
of$157,300. . RECOMMENDATIONS: Based upon the compliance with bid specifications, Staff recommends award to the lowest bidder, OJ Watson of Denver, Colorado for the purchase of the street
sweeper. The street sweeper being replaced will be traded to OJ Watson in exchange for an allowance of $10,000 toward the purchase ofthe new vehicle. RECOMMENDED MOTION: "I move to award
RFB-II-21 , Street Sweeper, to OJ Watson of Denver, Colorado for a total cost of$157,300." Or, "I move to deny award ofRFB-II-21, Street Sweeper, for the following reason(s): REPORT
PREP AREDIREVIEWED BY: Greg Knudson, Operations Manager Tim Paranto, Public Works Director Linda Trimble, Purchasing Agent ATTACHMENTS: 1. Bid Tab Summaries 2. Street Sweeper Photo "
PROJECT: RFB-11-21 STREET SWEEPER BID DUE DATE/TIME: TUESDAY, 04/05/2011 BY 2 P.M. OUR CLOCK REQUESTED BY: GREG KNUDSON . /OPENED BY: LINDA TRIMBLE, PURCHASING AGENT <::!:J'-WITNESSED
BY: DENISE WOOD, PURCHASING TEC~ ~. -... "" #r City of . ~V\Thea:tRJ8ge VENDOR FARIS MACHINERY CO. INTERMOUNTAIN SWEEPER OJ WATSON LOCATION COMMERCE CITY, CO ~ .. iMENT A, QUESTIONNAIRE
YES YES YES C G» mUM 1 ACKNOWLEDGEMENT YES YES YES E J: PTS VISA NO NO NO U ca WARRANTY INFORMATION YES YES YES .... MAKE/MODEL 4 ELGIN CROSSWIND TYMCO 600 SCHWARZE A7000 . . BASE PRICE
$ 174,070.00 $ 174,885.00 $ 167,000.00 OPTION: AUXILIARY HOSE EXTENSION $ 636.00 $ 425.00 $ 300.00 TOTAL WITH OPTION PRICING $ 174,706.00 $ 175,310.00 $ 167,300.00 IN ALLOWANCE, 1998
JOHNSTON STREET SWEEPER $ (5,000.00) $ (7,000.00) $ (10,000.00) AL COST INCLUDING TRADE-IN AND OPTIONS $ 169,706.00 $ 168,310.00 $ 157,300.00 Page 1 of 1
City of Wheat Ridge, CO To The City Council. We would like to draw your attention to a recommendation being made by the Streets Department to deviate from the minimum bid specifications
and recommend a product that does not meet nor exceed the specifications in RFB-11-21 as called for by the City Specifications. The City of Wheat Ridge Purchasing department posted an
RFB for a Regenerative Air Street Sweeper listing 3 acceptable manufacturers, Tymco, Allianze, and Elgin. Following Quoted per City Bid Specifications: "Tymco is an approved manufacturer
and is called out as a Minimum guideline." "Bid per the specifications or Equal" "Equal must meet or exceed specifications" "The Evaluation and Award would be to the lowest most responsive
bidder whose bid meets the requirements, criteria" "Superior quality and adherence to specifications" "No deviation below "minimum" specifications will be accepted" "Any deviavations
from the specifications must be clearly cited in writing by the bidder." Yet a product, which which is currently being recommended for purchase is not listed as an approved manufacturer
in the City specifications. This same product does not meet the specifications as called for, has taken numerous exceptions to the specifications, and has failed to take other exceptions
on items that they also do not meet. Of course their bid is lower, they have not had to meet the specifications by adding on the extra cost items called for. Again per the Bid Specifications
the City issued under Compliance to Specifications it states, "but no deviation below "minimum" specifications will be accepted". Yet a product that has clearly deviated from the "minimum
specifications" and has clearly not identified other deviations is being recommended to purchase. Intermountain Sweeper Co. is the only bidder that was able to comply with the entire
RFB. We have added the extra cost items that the City Specifications called out for. We too could have bid lower had we known that it was not required to meet the City Specifications
and not required to add the extra cost items called for in the City Specifications. It is not equitable to require us to include extra cost items in a bid package, and then allow another
bidder to not add them into his bid cost because they are to quote this bidder, "just an extra cost". As part of the RFB, none of the bidders were to make contact with the requesting
department per the verbiage written on page 2. This has made communication impossible. We have tried to work with Linda Trimble in purchasing, but have been unable to obtain
the documents that were requested. A list of deviations from the specifications taken by the vendor was sent by Linda via e-maiL This list apparently compiled by the bidder just proves
that they not only took numerous exceptions, but also failed to take numerous other exceptions that they do not meet. A highlighted copy of what we believe this bidder has not met and
in many cases has not taken exception to is attached for your viewing. The Bidder tries to justify their noncompliancc with simply saying it "doesn't need it", not why it is equivalent
or exceeds the "minimum specifications" as required. On one item they state it "is not an added benefit just an extra cost". Apparently since it cost more to add to their unit, it should
not be required. No wonder they are less expensive. The items that are not included in their low cost bid are huge differences, not just in cost, but the overall functionality and longevity.
Your current Sweeper has a hopper full of patched holes because it was hot set up for this this abrasive environment, and this Bidder is telling you that you don't need wear liners.
Apparently the last bidder who was low bid didn't think the City needed them either, and you now have a hopper full of holes. How many more years of service could the City have received
if the unit just had wear liners? Low Bid is not always Best Bid. We must formally Protest the current recommendation based on the fact that the Bidder was not an approved manufacturer
as called for by the City, the Bidders inability to meet the minimum bid specifications as called for by the City, and the failure of the Bidder to address as part of their bid package
all of the exceptions where they do not meet Bid Specifications. Intermountain Sweeper Co is the lowest responsive bidder who meets all City Specification Requirements and as such should
be awarded the bid. Thank you for your consideration of requiring all bidders to play by the same rules and specifications. Mike Ker Branch Manager Intermountain Sweeper Co.
Cilyor p-WhcatI~gc REQUEST FOR BIDS RFB-11-21 BID DUE DATE: WEDNESDAY, MARCH 30, 2011 BY 2:00 PM OUR CLOCK REGENERATIVE AIR STREET SWEEPER SEALED BIDS MUST BE MAILED OR DELIVERED TO:
City of Wheat Ridge Municipal Building Attention: Linda Trimble, CPPO, CPPB Purchasing & Contracting Division 7500 W 29th Avenue Wheat Ridge, CO 80033 IMPORTANT: PLEASE READ ENTIRE DOCUMENT
FEIN/SSN (Required), __ ----:::---:--:-:-::-:-:------: __________ F.O .B.: DESTINATION Federall.D. Number DELIVERY (upon receipt of order)--:~-,;--;----_;___:___;;--;---;-:----:-~-:-:-----TERMS:
____ _ specify days or weeks, include shipping time COMPANYNAME _________________________ _ ADDRESS _____________________________ _ CITY/STATE/ZIP _ _________________________ _ PHONE
________________ FAX. _____________ __ CLEARLY TYPE/PRINT NAME ______________________ _ AUTHORIZED SIGNATURE OF PERSON ABOVE ________________ _ TITLE ________ ---,,_ EMAIL _________________
__ ACKNOWLEDGE ADDENDUM (How Many) =-:-:---::----::-:-:------=---:------:-7'-:-::---:-:-----:-----Bidder is responsible for confirming receipt of all addenda DO YOU ACCEPT VISA FOR PAYMENT
WITHOUT ADDITIONAL FEES? ________ _ DO NOT CONTACT THE USER DEPARTMENT OR MEMBERS OF THE EVALUATION COMMITTEE. No oral, facsimile or telephone bids or modifications will be accepted
as a sealed bid. Signature acknowledges that Bidder has read the bid documents thoroughly before submitting a bid and will fulfill the obligations in accordance to the terms, conditions
and specifications without collusion with any individual or firm. Do not submit more than one bid from your firm or both bids will be disqualified. Bid must be signed. POINT OF CONTACT:
Linda Trimble, Purchasing Agent, no e@(. Wtl rnd,9..€ co or fax 303-234-5924 or 303-235-2811 . SIGNATURE PAGE -SUBMIT THIS PAGE WITH YOUR BID J:\RFB-JJ-21 STREET SWEEPER.DOC
ADVERTISEMENT FOR BIDS RFB-11-21 REGENERATIVE AIR STREET SWEEPER Bid Due Date: WEDNESDAY, MARCH 30, 2011 BY 2:00 PM OUR CLOCK Project Description: The City of Wheat Ridge is seeking
to purchase one (1) regenerative air municipal street sweeper. The estimated budget is $250,500.00. Delivery completely set up. See Attachment A, Specifications. Deadline for Questions:
MARCH 21,2011. Send email toltrimble@cLwheatridge.co.us Submit To: City of Wheat Ridge Municipal Building Attn: linda Trimble, CPPO, CPPB Purchasing & Contracting Division 7500 W 29th
Avenue Wheat Ridge, CO 80033 Submit in a Sealed Envelope, Marked: RFB-11-21 STREET SWEEPER Comments: Submit 2 complete copies . Late receipt of bids will not be considered. All bids
shall be validated. No bids will be accepted after the bid due time. Bids received after the bid opening time will be filed unopened. The City of Wheat Ridge reserves the right to reject
any and all bids or any part and to waive any formalities or informalities to make an award in the best interest of the City. Bid Documents: For bid opportunities, addendum and project
updates visit RMEPS (Bidnet) "'~ \._ or call 1-800-677-1997 x 214 or the City Website ~ or the City of Wheat Ridge Municipal Building, Purchasing Division, 7500 W 29th Avenue, Wheat
Ridge, CO. Point of Contact: Linda Trimble, Purchasing Agent, co or fax 303-234-5924 or phone 303-235-2811 . Do not contact the requesting department. Publish Dates: Linda Trimble, CPPO,
CPPB RMEPS MARCH 10,2011 1:\RFB-11-21 STREET SWEEPER.DOC
2
CITY OF WHEAT RIDGE RFB-11-21 REGENERA TIVE AIR STREET SWEEPER Objective: To seek and procure goods and/or services as per Attachment A, Technical Specifications. Bid per the specifications
or equal. Equal must meet or exceed specifications. The City makes the sole determination if a product is an equal or not. The City may purchase additional units at the same bid prices
within a reasonable length of time. Deliver completely set up. Training is required. Provide quickest delivery without extra charges. FOB destination (freight included). All applicable
State of Colorado and Federal laws, City and County ordinances, licenses, permits and regulations shall apply to this award and the duration of the agreement. POINT OF CONTACT: Linda
Trimble, Purchasing Agent, I-r; i _. _-or fax 303-234-5924 or phone 303-235-2811 on all questions and inquires. Do not contact the user department. TERMS AND CONDITIONS Delivery Address:
Public Works Operations, 11220 West 45th Avenue, Wheat Ridge, CO 80033. There is no dock at this location. Payment: Payments will be made within thirty (30) days of receipt of approved
delivery and invoice. Financial obligations of the City, payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. Modification or Changes: All modifications must be in writing and signed by both parties. New Items and Warranties: All items must be new product (not used, remanufactured,
refurbished, rebuilt, reconditioned, etc.) and are not to contain components that are not newly manufactured, unless specifically stated otherwise in the bid specifications. Product
shall be in original container, new product warranty, and with a minimum shelf life of one year. Bidder warrants all goods and services will meet or exceed applicable drawings specifications,
samples and/or other descriptions given to the City, and will be free from defects. Any breach of warranty will be at the Bidder's expense and at the direction of the City. Assignment/Subcontract:
No portion of this Bid may be assigned or subcontracted without the prior written approval ofthe City. Evaluation and Award will be to the lowest most responsive and responsible bidder(s)
whose bid meets the requirements, criteria , the ability and willingness of the bidder to provide quality goods and service, and to comply with the purchase order terms and conditions
(available on our website). Award will be based on an item by item bid amount on the Bid Price Sheet. Do not qua~fy your bid nor alter the bid format. The following is a partial list
of the criteria that may be used in the award: • Superior Quality and adherence to specifications • Adequate mainte~ance and service • Delivery and/or completion time • Guarantees and
Warranties • Firm reputation and financial status • Past experience and cost with same or similar equipment or service • Anticipated future cost and experience Eguals: The City makes
the sole determination if a product is an equal or not. Bid Results are posted on the City City of Wheat Ridge website at .!L Access the site for bid results. If award is not yet posted,
it is still under evaluation . Funding: There is in effect within the City of Wheat Ridge, Colorado, Section 2-4 of the City's Code of Laws which limits the amount for which the City
shall be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid award. The Contractor is specifically advised of this
Section 2-4 of the Code of Laws. This Contract is specifically subject to the provisions of said Code Section. Funding of this contract for any time period after January 1, of the year
succeeding the date of entry of this contract is expressly contingent upon appropriations being made by the City Council of the City of Wheat J:\RF8-ll-21 STREET SWEEPER.IXX 3
Ridge, Colorado. No promise, expressed or implied, is made that such funding will be approved by the City Council, acting in its legislative discretion. Low Tie Bids shall be decided
in accordance with the provision of C.R.S., Section 24-113-203.5, as it currently exists or is hereafter amended, which give a preference to resident bidders. Any bidder who wishes to
be considered a "resident bidder" for purposes of the tie bid procedure provided in C.R.S. , Section 24-113-203.5 shall include with their bid proof that he/she meets the definition
of resident bidder as set forth in either C.R.S., Section 24-113-111 (6)(a) or C.R.S., Section 24-113-111 (6) (b). Vendor Offset: No award will be issued to any person, firm or corporation
that is in arrears to the City, upon debt or contract that is a defaulter, as surety or otherwise, upon any obligation to the City or that is deemed irresponsible or unreliable by the
City. If requested, Bidders shall be required to submit satisfactory evidence that they have a practical knowledge of the particular good/service bid upon and that they have the necessary
financial resources to provide the proposed good or service as described in the specifications . Termination for Cause: If the successful Bidder shall fail to fulfill in a timely and
proper manner it's obligations, violate any of the covenants, agreements or stipulations of the award, the City shall have the right to terminate the agreement by giving written notice
to the Bidder of such termination. All completed or unfinished work, reports, materials, documents and anything relating to the project shall become property of the City. The Bidder
shall not be relieved of liability to the City for any damages sustained by virtue of the breach. The City may withhold payments until the cost of the damages is assessed. Cancellation/Remedies:
The City reserves the right to cancel any order resutting from this RFB with a sixty (60) day written notice if the vendor has failed to comply with the terms specified, has been notified
in in writing of three (3) such failures, and has failed to remedy the problem after each written notification. In the event of cancellation based on lack of contract compliance, the
City will not be subject to any early termination or cancellation charges. Termination For Convenience: The City may terminate the award at any time by giving written notice to the successful
vendor of such termination and specifying the effective date, at least thirty (30) working days before the effective date of such termination. In that event, all finished or unfinished
services, reports, materials prepared or furnished by the successful Bidder under the award shall at the option of the City become its property. If the award is terminated by the City,
the successful vendor will be paid an amount which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the total services/materials
the successful Bidder covered by the award, less payments of compensation previously made. If the award is terminated due to the fault of the successful Bidder, termination of award
for cause, relative to termination shall apply. Indemnification: The Consuttant agrees to indemnify and to hold the City and its agents harmless for, from and against any and all claims,
suits, expenses, damages or other liabilities, including reasonable attorney fees and court costs arising out of damage or injury to persons, entities, or property causes or sustained
by any person or persons as a result of the negligent performance or failure of the Consultant to provide services pursuant to the terms of this Agre~ment. Cooperative Purchasing Effort:
Other governmental agencies including state agencies, special districts, counties, municipalities and school districts, etc. , may be extended the opportunity to purchase off this Bid
with the agreement of the successful vendor(s) and the participating MAPO Agencies and the WSCPA Group. Requests for participation of other Agencies and/or Groups will be coordinated
by the MAPO Agency hosting this Bid. The Host Agency will notify the vendor(s) and the Agency and/or Group wishing to participate, in writing. Each agency/group desiring to participate
shall establish its own contract, issue its own orders, be invoiced and make its own payments and issue its own exemption certificates as required by the Vendor. It is understood and
agreed that the City is not a legally binding party to any contractual agreement made between a MAPO or WSCPA member and the Vendor as a result of this solicitation. INSTRUCTIONS TO
BIDDERS 1. Bids will only be accepted on the forms provided. Do not re-type forms. Provide all requested information and authorized signature in ink. 2. Bid unit prices and extended
amounts when called for. In case of mathematical error in extensions, the unit price will prevail. If unable to bid, indicate "NO BID". J:\RFB-JJ-21 STREET SWEEPER.DOC 4
3. Do not submit an alternate or optional bid, unless requested. If a vendor submits more than one (1) bid; the bids will be deemed non-responsive, therefore, disqualified. This includes
more than one price for a single item. 4. All changes or modifications (adds, deletes, additional information, etc.) shall be distributed through written addendum and provided to all
bidders. Verbal responses will not be considered. 5. A bid with missing or inconsistent information may be considered non-responsive and may not be evaluated. Do not qualify your bid
nor alter the bid format. 6 . The bid price shall be exclusive of any Federal, State or City taxes. Tax exempt #84-0595832 Federal, #98-03515 State, and #70000 City. Tax exemption certificates
will be issued upon request. 7. All bids must be F.O.B. destination, freight prepaid, unless otherwise directed. 8. SUBMIT ONE (1) MARKED ORIGINAL AND ONE (1) MARKED COPY OF YOUR BID.
9. Submit your bid no later than WEDNESDAY, MARCH 30,2011 by 2:00 PM local time, to the Wheat Ridge Municipal Building 7500 W 29m Avenue, Wheat Ridge, CO 80033. Attention : Purchasing
Agent. BIDS submitted to any other location will not be accepted and considered non-responsive. 11. Bids will be accepted in the Purchasing Division only. Time and date validation will
occur. All bids received after the deadline are considered non-responsive and disqualified. 11 . Bids must be sealed. Must mark bid number RFB-11-21 and bid due date and time on the
outside envelope. No fax bids will be accepted. 12. VENDOR REQUIREMENTS: Submit the following with your bid. A. Signature Page 1: complete and sign. B. Addendum: Check website confirm
the number of Addenda issued. neatndge c(. or call the Purchasing Office 303-235-2811 to C. Warranties: Provide information regarding labor and parts warranties. D. Deliver Bid to City
of Wheat Ridge, Purchasing and Contracting Division, Municipal Building, 7500 W. 29th Avenue, Wheat Ridge, CO 80033. E. Price: Attachment A, Specifications and Price List must be completed,
provide pricing and return as your Bid. Pricing shall be firm throughout the effective period. Bid shall be valid for sixty (60) calendar days after bid opening datE!. Bids shall not
be withdrawn after bid due date. F. Additional Information relating to this bid, such as detailed specifications for equals, standard agreement, brochures, etc., may be submitted with
your bid. G. References: Provide at least three (3) references of work similar in nature and size. Include contact name, tele~hone numoer, and detail service provided. H. Res e r : Pr
. de 9 aran eed service res nse time of 24 our for warranty items or service requests. Response time is critical to the daily operation of the City. ------------~~------------------~
13. ANTICIPATED SCHEDULE OF EVENTS Advertisement Deadline for Questions BID Due Date Council Approval J:\RF8-11-21 STREET SWEEPER.DOC MARCH 10, 2011 MARCH 21 , 2011 MARCH 30, 2011 by
2:00 pm, by our clock APRIL 2011 DO NOT SUBMIT ABOVE TEXT PAGES 5
ATTACHMENT A RFB-11-21 ECIF C AND PRICE LIST STREET SWEEPER o PER THE PECIA ro EO LUST MEET OR XCEE SPECIfiC. TIO S. PRICE SHALL INCLUDE ALL EQUIPMENT, PRODUCT, FUEL, TRAINING, REMOVAL
OR DISPOSAL (OPTIONAL) AND DELIVERY. FOB DESTINATION. CO ED F T E LED UT A A MINIMUM GUIDELI AND FOR REFERENCE PURPOSES. PROVIDE QUICKEST DELIVERY TIME WITHOUT EXTRA CHARGES. PREFER
DELIVERY WITHIN 90 DAYS. NO DOCK AREA FOR DELIVERY PURPOSES. R OUR'RESPO ES THE FOLLO S. YOU MAY ATTACH ANOTHER SHEET WITH FURTHER EXPLANATION IF NEEDED: ~~--~ General It is the intent
of these specifications to describe a street sweeper in sufficient detail as to assure that product reliability, design integrity, technical soundness and sweeping performance is provided.
The unit provided shall be a 2011, as currenUy manufaCfiJred by Allianz Sweeper Company, TYMCO , Inc. or Elgin Sweeper Company. All parts not specifically mentioned, which are necessary
to provide a complete street sweeper, shall be included in the bid and shall conform in strength and quality of material and workmanship to what is normally provided to the trade in
general. The unit shall be delivered completely assembled, serviced and ready to operate. The bidder shall have a qualified service representative in attendance with the sweeper during
start up operation to make any adjustments and give instructions to assure proper operation of the sweeper. Compliancrto Specifications The bidder shall indicate compliance with a "Yes"
or non-compliance with a "No" for each line item specification. Any space left blank shall be considered non-compliance. Any deviations from the specification , or where submitted literature
does not fully supporf'meetfng the specification, must be 'clear1y cited in writing by the oidaer, but no eVlation Below "minimum-sllecifications will be accepted. Manuals/Training The
bidder, upon delivery of the sweeper, shall supply one sweeper operator and one sweeper parts and service manual and one sweeper parts and service manual on CO format. Manufacturer shall
have available certifiable training course for complete maintenance and operation of the sweeper. Bidder shall provide operator instruction/safety/maintenance procedures on OVO format
with the unit. Paint-Color The entire unit shall be painted with manufacturer's standard automotive gloss white applied over a primer. Pick-up head, gutter brooms and truck frame shall
be painted matt or gloss automotive black. Vacuum Power Unit The sweeper power unit shall be a diesel fueled, water cooled, turbocharged, industrial engine developing not less than 99
HP. Engine shall be at least 4 cycle. Cylinder construction shall be wet sleeve type. Oil filter shall be replacement type. A fuel/water separator shall be furnished. 12 volt ignition,
electric starter and alternator with charge indicator gauge mounted on control console cab. Unit shall have automatic shut down system when coolant temperature is too high, coolant level
is too low or oil pressure is too low. Unit shall have a minimum 50 gallon fuel tank. Unit shall have a replaceable element, heavy duty dry type air cleaner. Injector pump shall have
centrifugal type variable speed governor for speed control. Dust Separator J:\RFB·ll·21 STREET SWEEPER.DOC 6
Hopper Separation ofthe dirt and refuse from the air stream shall be accomplished within the hopper by means of a muffi -pass cylindnca centrifugal sing e chamber dust separator. The
separator shall be designed so that it will not plug with normally encountered debris. Dust separator shall have an easy to open access door allowing inspection and cleaning of the interior.
The (Joor shall have an abrasion resistant bonded rubber lining material for rong life. The entire dust separator inlet area shall be lined with a bolt-in replaceable, ear resistant
rubber liner for long life. A screen shall be provided to allow air to move freely from the hopper into the centrifugal dust separator. Filters and baffles are not acceptable due to
increases cost of replacement and cleaning. Hopper size to be approximately 7.3 cubic yards volumetric measurement with an operating load capacity of not less than 6 cubic yards. Dumping
shall be accomplished by means of hydraulically actuated cylinders attached to a rear door with a a raJ(er Dar moving inside the hopper as door is opened and closed to dump debris behind
the rear wheels. Hydraulic cylinder movement shall be controlled with the use of an electric toggle switch located on the side of the hopper so discharging of debris may viewed during
dumping for maximum safety. Flapper door shall be opened and closed hydraulically and be held in the closed position by means of a lock valve located in the hydraulic dump circuit. An
inspection door shall be provided on both the left and right side of the hopper for easy viewing inside hopper and insertion of large debris. Hopper shall be maintained airtight through
the use of rubber seals on all doors and openings. Rog er suction inlet roof area shall have a bolt on replaceable, wear resistant liner. An amber, high powered strobe light with field-selectable
flash patterns, via an internal jumper shall be provided for quad flash or double flash; diagnostic indicator; a photocell for automatic "night" mode switch; radio frequency interference
(RFI) protection; 2 amps @12V DC; output of 19 joules (quad flash mode). The strobe light shall have a protective limb guard. Two (2) work lights shall be mounted at the rear of the
hopper to illuminate the dump area. Two (2) amber flashing warning lights shall be mounted at the rear of the hopper. Hydraulic System Blower The hydraulic system shall be adequate for
use within the design requirements of the sweeper. The system shall include a minimum 25 gallon reservoir, sight gauge, temperature gauge, 80 mesh suction strainer, spin-on replaceable
full flow oil filter, hydraulic cylinders, gutter broom drive motors, control valves , relief valves, oil cooler, hydraulic hoses and standard fittings. The hydraulic pump shall be engine
mounted and gear driven by the auxiliary engine . Heavy duty, wear reSistant, high strength , uibffie type open face blower, computer balanced with 4 grams, shall be provided to create
air pressure and suction. Blower wheef shall be covered Wllh wear resistant rubber for long life. S ower shall be moun ed on self aligning, anti-friction bearings, sealed and lubricated
for life. If bearings are no sea ea, then an automatic ube system must be furnished. Blower shall be driven from power take off (PTO) auxiliary engine by heavy duty power belt which
shall be adjustable for tension. Slower housing shall be bolt on design and shall be lined with a bolt-in wear resistant, replaceable rubber liner for long life. -Up Head/Broom Assist
A spring balanced, all steel fabricated pick-up head shall be provided. The pick-up head shall have a separate upper and lower chamber where pressurized air is blasted form the upper
chamber through and elongated blast orifice to the street surface. Blast orifice flange shall be of bolt-on deSign so that the flange is easily replaceo and shall have an adjustment
mechanism so that e blast orifice gap is easily adjusted without removing the pick-up head from the sweeper. J:\RFB-U-21 STREET SWEEPER.IX>C 7
Pick-up head shall have a minimum 14-inch diameter pressure inlet ring located on the left side of the pick-up head A pressure hose, attached between pick-up head and the blower, shall
be provided. A bolt-on pressure inlet ring with turning vanes shaJl be provided for efficient performance and easy service. A suction hose, attacf\ea to a quid disconnect transition
at the hopper, shall extend down to the right side of the pick-up head and shall be attached to the pick-up head suction nozzle ring which shall be constructed of 1/4-inch steel. Suction
hose shall have a minimum 3/8-inch wall construction for long life. Pick-up head shall be equipped with 2-inch wide adjustable, side mounted, integral alloy steel and carbide runners
for maximum pick up ability and long life. Runners shall be symmetrical for long life. Pick-up head shall be raised and lowered hydraulically by a single switch on the control panel.
Pressure inlet ring shan be equipped wi an aOJUstable pressure relief for optimum leaf and light debris sweeping and control shall be ergonomically mounted inside the cab. Gutter Brooms(s)
Dual gutter brooms shall be digger type for removing debris from gutter area. Gutter brooms shall be hydraulic, motor driven and shall be positioned laterally and vertically by one hydraulic
cylinder_ Gutter broom down pressure shall be automatically adjusted to load by a pressure sensing sequence valve, inline with the gutter broom torque motor. Each gutter broom shall
have adjustment for bristle contact pattern and wear. Each gutter broom shall have lateral flexibility to swing rearward 15-inches when encountering the impact of an immovable object,
thus avoiding damage to the broom assembly. Each gutter broom shall have a spring adjustment to allow downward compensation for bristle wear and shall be free floating to follow street
contour. Each gutter broom shall be held in the up and transit position by use of an electric lock valve attachment. Upward motion of the gutter broom shall be regulated by an adjustable
flow control valve. Each gutter broom shall be controlled from inside the cab by a single, electric toggle switch. The right gutter broom shall additionally incorporate a hydraulically
actuated tilt system, remotely controlled from the operator's seat to allow instant adjustment for debris removal from deep gutters. Dust Control Water System Water tanks shall be constructed
of recyclable polyethylene for strength and puncture resistance. Tanks shall be 100% rust proof and shall be bolt-in design for easy removal. A water level sight gauge sha I be provided.
Water from the tank is to be filtered by 80 mesh cleanable filter located between the tank and the water pump. A 12V electric motor driven pump, delivering a minimum of 5.0 GPM, with
a 25 PSI system relief pressure, is to be provided and shall also include an electronic solid state liquid level sensor to automatically shut off the pump and turn on low water warning
lamp when water is depleted. Electric solenoid water control valves shall be cab controlled. Spray Spray system shall include spray nozzles to be located as follows: minimum of 4 on
the outside ofthe pick-up head; 2 for each gutter broom; 1 inside hopper. Water nozzles are to be located on the outside of the pick-up head and suction tube for easy inspection and
superior dust control. Water tank shall have an anti-siphon/anti-pressure filler neck with air gap. Flexible 20-foot minimum length water fill hose with 2 %--inch coupling for filling
the water reservoir and hose storage rack shall be provided. Water fill hose shall include a stainless 100 mesh cleanable filter. Hand Hose Equipment For cleaning remote areas and catch
basins, an auxiliary hand hose shall be provided. It shall be a minimum of 1 O-feet long and suspended from a spring counterbalanced swivel boom. Storaqe Compartment A curbside mounted
steel storage compartment box shall be provided for tools, etc. The storage box shall have one hinged door on the curbside for ground level access. Storage box mounting, requiring c
im 109 for access, is unacceptable. J:\RFB-1l-21 STREET SWEEPER-DOC 8
Auxiliary Engine Access Auxilia[y engine shall be accessed without raising the hopper. Access willo e accomp isfie(j from the groun(J leveloy steel steps covered with anti-skid grating
and properly sized grab handle to insure safe entrY and exit from the platform. A suitably sized platform will be provided to allow safe access to auxiliary engine . Operating Controls
All operating control for sweeper (except dump control) shall be mounted inside the truck cab and readily accessible to the operator. in either the right or left driving positions. All
main electrical systems, i.e. ignition: lights, hydraulic and water shall be separately fused to isolate electrical problems to fused area and speed service. Auxiliary engine controls
and gauges shall be mounted on the console panel and consist of, but are not limited to, ignition switch, linear actuated throttle, oil pressure gauge, water temperature gauge, volt
meter and tachometer. Sweeper controls, meters and gauges shall consist of, but are not limited to, right gutter broom, left gutter broom, pick-up head, beacon or strobe light, water
system and work light, lighted paddle type switches, low water light, hour meter and leaf pressure knob. All extern-al winng. harnesses and terminations shall be of a sealed, weather-tight
design utilizing heatshrinkable components. Additionally, where feasible , all connectors shall utilize sotrd, cold formed, nickel plated copper alloy contacts with gas-tight crimps.
Dump control shall consist of a single weatherproof toggle switch located on the exterior of the sweeper just above the left side of the fender well. Chassis Chassis/cab shall be conventional
with tilt hood. Frame to be straight full channel steel rails (50,000 PSI). Gross vehicle weight rating to be not less than 31 ,000 GVW. Standard truck cab enclosed and equipped with
tinted glass all around and two individual, adjustable, high back air seats with lumbar support and safety seat belts. Slidng windows are not acceptable. Warranty Total chassis coverage.
Engine ((diesel) coverage. Drive train coverage is 24-months/unlimited mileage. Frame coverage is 60-months/unlimited mileage. Cab corrosion coverage is 60-months/unlimited mileage.
Warranty coverage is 100% parts and labor unless otherwise noted as provided by chassis manufacturer Skid runners are to be warranted for 2 years/2,000 hours prorated. The sweeper shall
be warranted to be free from defective materials and workmanship for a period of 12 months or 1,000 hours from the start up operation date. Wheelbase Shall be between the bac~ of the
cab and center of the rear axle for proper load distribution and a tighter turning radius. Special frame drilling and brake chambers relocation. Front axle shall be a minimum of 10,000
Ibs. with suspension of 10,000 Ibs. Rear axle shall be a minimum of 21,000 Ibs. Suspension 0 be a minimum of 31 ;0000 Ibs. variate with 4,500 Ibs capacity multi-leaf auxiliary rubber
spring. Body builders wiring to back of the cab at frame. Steering Dual operator controlled integral power steering with cruise control, tilt a dual gauge package. Brakes Air tank drain
valve, manual pull cable. Brakes shall have automatic slack adjusters front and rear. J:\RFB·1l ·21 STREET SWEEPER.DOC 10
Parking brakes shall be spring actuated, double diaphragm, 30" MGM Chambers air chambers, with warning light Brake 'chambers, spring relocated to rear of rear axle for maximum ground
clearance. 4-channel anti-lock brake system shall be provided. Cab shall have in-dash chassis manufacturer's factory installed new air conditioner for operator safety and comfort, with
a fresh air filter. After market air conditioners are unacceptable. Cab to have individual driver and passenger air, high back adjustable seats with lumbar support. Tinted glass, all
around, shall be provided. Dual sun visors, coat hook, storage pocket on driver door, cigarette lighter, electric horn, electric windshield washer and 2 speed electric wipers with intermittent
wiper switch shall be provided. Cab shall be equipped with fresh air heater, defroster, dual 7" x 16" remote controlled heated electric powered mirrors, two separate 8" parabolic mirrors.
AM/FM stereo radio with clock to be provided. Instrument panel shall be flat. Electrical Shall consist of two, multiple beam headlights with dash beam indicator, instrument panel, taillights,
stop lights, front and rear turn signals, and self canceling signal switch equipped for four-way flashing. Taillights, stop lights and signal lights may be in combination. Shall have
2-12-volt maintenance free batteries. Shall have 120 amp alternator. Truck Engine Shall be V8 turbocharged and air-to-air intercooled diesel. Dual element dry type air cleaner with restriction
indicator light dash mounted. Automatic glow plug with indicator light Automatic shutdown/over temperature protection engine coolant. Remote engine control wiring shall be supplied.
A 50 gallon steel tank shall be supplied and shall supply fuel to both engines. Tires shall be first line quality, tubeless tires with duals in rear for adequately carrying the full
load weight ofthe sweeper and providing maximum stability. Transmission Transmission shall be a heavy duty electronic five-speed forward, one reverse , automatic, with external oil filter.
Trade-In (Option) The City of Wheat Ridge in interested in soliciting bids
for the sale (trade-in) of one (1) existing street sweeper with the following provisions: 1) One (1) 1998 Johnston, Model 605 vacuum street sweeper. 2) Street sweeper will be sold as
is/where is, without guarantees. 3) Sweeper serial number and mileage and hours as of February, 2011 : Serial #: 49H6FAAOXHA49132 Mileage: 38,500 Hours: 5,500 4) Unit is in good to excellent
working condition . 5) The City of Wheat Ridge reserves the right to retain the currently owned sweeper. J:\RFB-I I -21 STREET SWEEPER.DOC 11
PRICE MAKE AND MODEL: ______________________________________ __ Purchase Price for One (1) 2011 Regenerative Air Street Sweeper (as specified herein) OPTION Auxiliary hand hose extension
nozzle-42" TOTAL PURCHASE PRICE WITH OPTIONS: TRADE-IN: (Trade-in amount for 1998 Johnston vacuum street sweeper) TOTAL COST (Subtract trade-in amount from total purchase price with
option) $-----------$-----------$-----------(-)$-----$_-----CLEARLY STATE ALL WARRANTIES IN DETAIL AND LENGTH OF TIME. WHA T IS YOUR RESPONSE TIME TO WARRANTY AND SERVICE REQUESTS? PROVlDE'REFERENCES
ON SAME MODEL OR SI Il:AR CHECK LIST: DID YOU INCLUDE THE FOLLOWING DOCUMENTS WITH YOUR BID? MARK RESPONSE. SIGNATURE PAGE (1) ATTACHMENT A, PAGE 6 -10 ATTACHMENT A, PAGE 11 MAKE & MODEL
SPECIFICATIONS YES NO FIRM SUBMITTING THIS BID _______________________ _ 1:\RFB-11-21 STREET SWEEPER.DOC 12
MUST SUBMIT "ATTACHMENT A" PRICING WITH BID J:\RFB-II-21 STREET SWEEPER.DOC 13
CITY OF WHEAT RIDGE INSURANCE REQUIREMENTS INSURANCE: The successful bidder will be required to submit certificate(s) showing the following minimum insurance coverages: 1. Standard Worker's
Compensation and Employer Liability. a) As required by State Statute including occupational diseases, covering all employees at work site. 2. General Liability -PL & PO (minimum). a)
Combined single limit -$600,000 written on an occurrence basis. b) Any aggregate limit will not be less than $1 million. c) Contractor must purchase additional insurance if claims reduce
the annual aggregate below $600,000 . d) City Of Wheat Ridge to be named as additional insured on each comprehensive general liability policy. e) Certificate of Insurance to be provided
to the City within ten (11) working days after receipt of award. f) Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to the City.
3. Automobile Liability (minimum). a) Contractor to carry a minimum of $600,000 combined single limit auto insurance. 4. Additional coverages may be required in specific solicitations.
SUB_MIT A BID ONLY IF YOU ARE PREPARED TO COMPLETE THIS REQUIREMENT. J:\RFB-1l-21 STREET SWEEPER.DOC 14
Normal Wear Parts for Schwarze A-7000 Sweeper Availability at Local Dealer as of 05-23-11 Main Sweeping 23194 Not Stocked Sweep head flap set 29339 Not Stocked Side Broom segment 20750
Not Stocked Carbide Skid Sweeping head 521647 Not Stocked Hose Clamp Suction Tube 24049 Not Stocked Head lift spring 22940 Not Stocked Suction Hose sweep head 21048 Not Stocked Pressure
Hose sweep head 21049 Not Stocked Blower Wheel Sweeper 522339 Not Stocked Blower housing liner 522339 Not Stocked Hopper intake seal 54310 Not Stocked Rear hopper door seal 20202 Not
Stocked Bid Specifications state "Response time is critical to the daily operation of the City'. If a vendor does not stock even basic items such as a side broom, a main broom, a set
of flaps, a suction hose, ect ... how much down time will the City experience waiting·for parts? Of 12 standard wear items, ZERO are stocked. Of these same parts listed above, Intermountain
Sweeper Co stocks all 12, 100%. Its just common sense. Things such as side brooms, main broom, flap sets are stocked by the pallet.