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HomeMy WebLinkAboutCouncil Packet 07/26/2010 6:30 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING July 26.2010 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF July 12. 2010 PROCLAMATIONS AND CEREMONIES National Night Out -August 2,2010 CITIZENS' RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill 13-2010 -An Ordinance concerning administrative enforcement and making conforming amendments to Article V of Chapter 2 of the Wheat Ridge Code of Laws. CITY COUNCIL AGENDA: July 26, 2007 Page -2-ORDINANCES ON FIRST READING 2. Council Bill 14-2010 -amending Articles II and VI of Chapter 26 concerning Accessory Buildings on properties with Commercial or Industrial Zoning. 3. Council Bill 15-2010 -amending Article I of Chapter 26 concerning the provision for Conditions of Approval in the Zone Change Process. DECISIONS, RESOLUTIONS, AND MOTIONS 4. Resolution 36-2010 -approving the purchase of one replacement Police Special Investigations Vehicle, amending the fiscal year 2010 public works operating budget, and in connection therewith, approving a supplemental budget appropriation in the amount of $27,750. CITY MANAGER'S MATTERS CITY A TTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO July 12, 2010 Mayor DiTullio called the Regular City Council Meeting to order at 6:30 p.m. Council Members present: Karen Adams, Joyce Jay, Karen Berry, Joseph DeMott, Tracy Langworthy, Davis Reinhart, Wanda Sang, and Mike Stites. Also present: City Clerk, Michael Snow; City Manager, Patrick Goff; City Attorney, Gerald Dahl; City Treasurer, Larry Schulz; Senior Planner, Meredith Reckert; Planner, Sarah Showalter; Interim Administrative Services Director, Heather Geyer; staff; and interested citizens. APPROVAL OF MINUTES OF June 28, 2010 Motion by Mrs. Sang; for approval of the Minutes of June 28, 2010; seconded by Mr. Stites; carried 8-0. CITIZENS' RIGHT TO SPEAK No citizens were present to speak. DECISIONS, RESOLUTIONS, AND MOTIONS 1. Motion to approve award of RFP 10-08 On-Call Building Inspection Services to Building Code Services International, Inc. Motion by Mr. Stites to approve the award of RFP 10-08 On-Call Building Inspection Services to Building Code Services International, Inc.; seconded by Mr. Reinhart; carried 8-0. 2. Resolution 35-2010 -amending Resolution 26-2010 Creating the Citizens' Exploratory Committee (CEC) for the purpose of public education and debate regarding the effectiveness and efficiency of various forms of City Government. Motion by Mr. Reinhart to approve Resolution 35-2010 amending Resolution 26-2010; seconded by Mr. Stites; carried 8-0. CITY COUNCIL MINUTES: July 12, 2010 Page -2-3. Motion to approve the Wheat Ridge United Neighborhood's (WRUN) "Election Forum 2010" to be held in Council Chambers, and to sanction the use of City of Wheat Ridge Video and Audio Services for Live Televised and Video OnDemand support. Motion by Mr. Stites to approve the Wheat Ridge United Neighborhood's (WRUN) "Election Forum 2010" to be held in Council Chambers, and to sanction the use of City of Wheat Ridge Video and Audio Services for Live Televised and Video On-Demand support; seconded by Mrs. Sang and Mrs. Jay; Thomas Slattery was present to speak on behalf of Wheat Ridge United Neighborhoods. Mr. Slattery spoke of the major undertaking of a forum for such a large ballot for Wheat Ridge voters and of the benefit it offers Wheat Ridge voters to have a single program in which they can become informed of every issue and race on which they are being asked to vote. Polly Pinkston also spoke on the issue and praised WRUN for the exceptional job they have done in presenting election forums in the past 20 or so years. She believes the citizens have a right to this event being supported by the City of Wheat Ridge and to be presented on the government cable channels. She encouraged Council to support the event. Motion carried 8-0. ELECTED OFFICIALS' MATTERS Citizens are encouraged to shop the Wheat Ridge Farmer's Market which takes place every Thursday afternoon at Times Square shopping center at 41 st & Wadsworth. The Wheat Ridge Farmers Market is one of the first in the Denver area to offer Electronic Benefits Transfer (food stamps) transactions. Citizens interested in learning about their local government and becoming active in the community are encouraged to enroll in this year's Civic Education and Governance Academy which takes place in the evenings beginning on September ih Interested participants may contact Heather Geyer at 303-235-2826 for information. 4. Motion to adjourn the Regular City Council Meeting and to convene a Special Study Session. Motion by Mr. Mr. Reinhart to adjourn the Regular City Council Meeting and to convene a Special Study Session in Council Chambers; seconded by Mrs. Sang and Mrs. Langworthy; carried 8-0. CITY COUNCIL MINUTES: July 12, 2010 Page -3-Meeting adjourned at 7:19p.m. Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON JULY 26, 2010 BY A VOTE OF to Davis Reinhart, Mayor pro tem The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. • • < .' _ r City of -pWheatR;L.dge ITEM NO: I. TITLE: DATE: July 26~ REQUEST FOR CITY COUNCIL ACTION COUNCIL BILL NO. 13-2010 AN ORDINANCE CONCERNING ADMINISTRATIVE ENFORCEMENT AND MAKING CONFORMING AMENDMENTS TO ARTICLE V OF CHAPTER 2 OF THE CITY OF WHEAT RIDGE CODE OF LAWS D PUBLIC HEARING D BlDSIMOTIONS D RESOLUTIONS D ORDINANCES FOR I ST READING (06/28/2010) IZI ORDINANCES FOR 2ND READING (07/26/2010) QUASI-JUDICIAL: ~~--g ACr,tJ'"" ISSUE: DYES There are two changes to the Administrative Citation Process that would increase the effectiveness of enforcement and the transparency of the citation and appeal process. I) Article V, Chapter 2, the Administrative Enforcement Ordinance currently does not include Chapter 24, Vegetation. Community Services Officers (CSO) are expected to enforce aspects of this chapter in an efficient and effective manner. The addition of Chapter 24, Vegetation to the Administrative Enforcement Ordinance would allow CSO's to impact the areas of tall weeds, nuisance plants and tree tree and shrub control more efficiently. 2) The Administrative Citation includes an explanation of the right to appeal. The current citation right to appeal allows the citizen 14 days to schedule a hearing once the citation has been issued. The proposed change in the right to appeal would provide the opportunity for the citizen to request a hearing within 14 days after a notice of appeal is filed . This change provides the opportunity to schedule administrative hearings and administrative hearing officers (AHO) in a timely manner. In addition, the proposed change to the citation will clearly state what decisions will be made by the AHO during the hearing. The clarification will read, "The Amending Article V of the Code of Laws July 26, 20 \ 0 Page 2 only issue to be decided by the AHO is whether the code officer exceeded hislher authority in issuing the citation. To do so the City must prove that a violation of code took place". PRIOR ACTION: The ordinance was introduced on first reading on June 28, 20 \ O. FINANCIAL IMPACT: None BACKGROUND: Community Service Officers are tasked with enforcing three portions of Chapter 24, Vegetation. They include, 24-6, Control of trees, shrubs, etc., 24-\2, Nuisance plants and 24-5\ , Weed and tall grass control. Chapter 24 is not specifically cited in the Administrative Citation Ordinance. The addition of Chapter 24 into the Administrative Citation Ordinance would benefit CSO's in providing efficient, effective service to the community. The Administrative Citation Process is continuously assessed, as are all programs within the Police Department. An issue that has been discovered is that the scheduling of administrative hearings is difficult under the current system of allowing the citizen up to 14 days from citation issuance to a hearing date. A more workable system would be to schedule the hearing within 14 days of the filing of the notice of appeal. Hearings would still be held in a timely manner because the cited party has just five days to file the appeal, but the range of appropriate hearing dates would now encompass two full weeks, therefore making scheduling hearings with hearing officers and appropriate CSO's much easier. In the event this change is accepted, the right of appeal portion of the citation should be updated to reflect the change. There has been some confusion among citizens requesting a hearing with regard to what the hearing officer will be determining during the hearing. The addition oflanguage to the Right of Appeal section of the citation would clearly state that the hearing officer will only make a determination of whether or not the CSO exceeded their scope of authority when issuing the citation. This includes the determination that a violation occurred. A change in the language on the citation would clarify this and provide more specific information to citizens considering a hearing. RECOMMENDATIONS: It is recommended that Chapter 24, Vegetation, be added to Article V, Chapter 2, Administrative Citation Ordinance for the purpose of clarifying that trees and shrubs, nuisance plants and tall grass and weeds can and should be addressed through the administrative citation process. It is further recommended that administrative hearings be scheduled within 14 days of the filing ofa notice of appeal, rather than within \4 days of the issuance ofa citation, and that clarification regarding the administrative hearing officer's role be added. Amending Article V of the Code of Laws July 26, 2010 Page 3 RECOMMENDED MOTION: "I move to approve Council Bill No. 13-2010, an ordinance concerning administrative enforcement and making conforming amendments to Article V of Chapter 2 of the City of Wheat Ridge Code of Laws on second reading, and that it take effect 15 days after final publication." Or, "I move to postpone indefinitely Council Bill 13-2010 an ordinance concerning administrative enforcement and making conforming amendments to Article V of Chapter 2 of the City of Wheat Ridge Code of Laws for the following reason(s) " REPORT PREPARED BY: Dave Pickett, Lieutenant, Support Services Division Mary McKenna, Supervisor, Community Services Unit ATTACHMENTS: I. Draft Ordinance 2. Draft of wording change to the Right of Appeal Section ofthe Administrative Citation 3. Staff Memo of June 18,2010 TITLE: CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER REINHART COUNCIL BILL NO. 13 ORDINANCE NO. :-=-__ _ Series 2010 AN ORDINANCE CONCERNING ADMINISTRATIVE ENFORCEMENT AND MAKING CONFORMING AMENDMENTS TO ARTICLE V OF CHAPTER 2 OF THE WHEAT RIDGE CODE OF LAWS WHEREAS, the City Council exercises all legislative authority on behalf of the City; and WHEREAS, the Council has previously adopted Article V of Chapter 2 of the Wheat Ridge Code of Laws (the "Code") providing for administrative enforcement of certain portions of the Code; and WHEREAS, the Council finds that certain amendments to the administrative enforcement process are needed to increase effectiveness and guarantee due process. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 2-80 of the Code is hereby amended to read: Sec. 2-80. Purpose; scope. The purpose of this article is to encourage prompt compliance with this Code and prompt payment of penalties for violations thereof. This This article provides for administrative penalties that may be imposed for violation of the following portions of this Code: Chapter 5, Buildings and Building Regulations; Chapter 9, Health; Chapter 13, Motor Vehicles and Traffic; Chapter 15, Nuisances; Article X of Chapter 16, Concerning Massage Parlors, but not to include the balance of Chapter 16, Miscellaneous Offenses; Chapter 21, Streets and Sidewalks; Chapter 22. Taxation; CHAPTER 24, VEGETATION, Chapter 26 Zoning Section 2. Section 2-81 of the Code is hereby amended to read: Sec. 2-81 . Definitions. For the purposes of this article the following terms shall have the meanings assigned to them below. Administrative hearing officer or AHO means the person with exclusive authority to hear appeals from administrative citations issued under this article. ATTACHMENT I Applicable sections means those sections in the Code of Laws contained within the chapters listed in section 2-80. Code officer shall mean the city manager or the city manager's designee, including but not limited to a community service officer, the building official, the property inspector or any other city official or employee charged with enforcing the provisions of this article. Manager shall mean the city manager or the city manager's designee. Municipal court means the municipal court for the City of Wheat Ridge, Colorado. Responsible party shall mean a person or entity who has violated this Code or, in the case of property subject to an administrative citation under this article, who has possession or control of any real property or premises, whether as owner, CO-OWNER, occupant or tenant, or in the case of a motor vehicle, as owner or operator of the same. Section 3. Section 2-85 of the Code is hereby amended to read: Sec. 2-85. Contents of administrative citation. (a) The administrative citation shall state the location of the violations and the date and approximate time the violations were observed. Where applicable, the administrative citation shall identify the property in violation by address or legal description. (b) The administrative citation shall refer to the applicable sections violated and describe the violations. (c) The administrative citation shall describe the action required to correct the violations. (d) The administrative citation shall require the responsible party to correct the violations immediately and shall explain the consequences of failure to correct said violations. (e) The administrative citation shall state the amount of fine imposed for the violations. (f) The administrative citation shall explain how the fine shall be paid, the time period by which it shall be paid, and the consequences of failure to pay the fine. (g) The administrative citation shall briefly state the process for appealing the administrative citation. (h) The administrative citation shall contain the signature of the code officer and the signature of the responsible party if it can be obtained. Section 4. Section 2-86 of the Code is hereby amended to read: Sec. 2-86. Appeal of administrative citation. (a) A person served with an administrative citation may file a notice of appeal within five (5) calendar days from the service of the administrative citation. Compliance with this time limit shall be a jurisdictional prerequisite to any appeal brought under this article, and failure to comply shall bar any such appeal. (b) The notice of appeal shall be made in writing and shall be filed with the municipal court in person, by facsimile transmission or by mail. Regardless of the manner of filing such appeal, the notice of appeal must be filed with the municipal court within five (5) calendar days from the date the administrative citation was served. (c) As soon as practicable after receiving the written notice of appeal, the municipal court shall assign an AHO who shall schedule a date, time and location for the hearing. (d) Written notice of the date, time and location of the hearing shall be personally served upon or sent by first class mail to the responsible party at least five (5) calendar days prior to the date of the hearing. The hearing shall be held no more than fourteen (14) days after A TIMELY FILED NOTICE OF APPEALthe €late IJPOR whish the a€lmiRistFative sitatioR ..... as isslJe€l. (e) In computing the day a notice of appeal must be filed or the day by which a hearing must be held, the first day is excluded and the last day is included. If the last day of any period is a Saturday, Sunday, or legal holiday, the period is extended to the first day thereafter which is not a Saturday, Sunday, or legal holiday. Section 5. Section 2-88 of the Code is hereby amended to read: Sec. 2-88. Administrative appeals. (a) Administrative appeals are intended to be informal in nature. Formal rules of evidence and discovery do not apply. The procedure and format of the administrative hearing shall follow the procedures provided in this Section. (b) The parties to an administrative appeal shall be the responsible party and the Wheat Ridge Police Department. Parties may be represented by legal counsel. Each party may call and question witnesses, cross-examine witnesses and present evidence in support of its case. (c) The AHO, at the request of any party to the hearing, may subpoena witnesses, documents and other evidence where the attendance of the witness or the admission of evidence is deemed necessary to decide the issues at the hearing. All costs related to the subpoena, including witness and mileage fees, shall be borne by the party requesting the subpoena. The form of, and the process for issuing, subpoenas shall be the same as in the municipal court. (d) The AHO shall have the power to call and question witnesses, review and consider the relevancy of documentary or other tangible evidence, and rule on evidentiary questions. (e) The only issue to be decided by the AHO is whether the code officer exceeded his/her authority in issuing the administrative citation. TO DO SO, +the city bears the burden of proof to establish the existence of a violation of the Code. In the case of a nuisance abatement hearing, the city bears the burden of proof to establish the existence of a public nuisance. The city's meeting of this burden of proof shall constitute prima facie evidence that the code officer did not exceed his/her authority. The appellant shall have the burden of rebutting such evidence. (f) The standard of proof required in an administrative appeal is a preponderance of the evidence. (g) Copies, photographs, and photocopies may be admitted into evidence or substituted in evidence in place of original documents. (h) Hearings shall be recorded by electronic means and transcripts of such recordings shall be made at the expense of the party requesting the transcript. (i) Whenever it appears that AN APPEALa J3etitioR is not filed within the time permitted by THIS ARTICLE, tAe particular law or ordinance involved, or that the AHO for some other reason lacks jurisdiction, the APPEAL may be dismissed on the motion of any party or on the AHO's own motion. (j) The decision of the AHO shall be known as an administrative enforcement order. (k) The AHO may uphold the administrative citation and all penalties or dismiss the administrative citation and all penalties or may waive or conditionally reduce the penalties assessed by the administrative citation. The AHO may also impose conditions and deadlines to correct the violations or require payment of any outstanding penalties. (I) In the event that the AHO does not dismiss the administrative citation, the AHO shall assess reasonable administrative costs of not less than one hundred dollars ($100.00), but not to exceed two hundred dollars ($200.00). (m) The administrative enforcement order shall become final on the date of mailing the order to the responsible party. A copy of the order shall be provided to the city. Section 6. Section 2-90 of the Code is hereby amended to read: Sec. 2-90. Failure to attend administrative appeal. Any responsible party who fails to appear at the hearing is deemed to waive the right to a hearing and the adjudication of the issues related to the hearing, provided that proper notice of the hearing has been provided. THE AHO MAY TAKE TESTIMONY, EVIDENCE AND ARGUMENT FROM THE CITY AND ISSUE AN ADMINISTRATIVE ENFORCEMENT ORDER. Section 7. 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 8. 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 7 to 0 on this 28th day of June, 2010, 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, July 26th, 2010 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 voteof _ to _ , this day of , 2010. SIGNED by the Mayor on this __ day of ____ _ , 2010. ATTEST: Michael Snow, City Clerk First Publication: July 1, 2010 Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney Proposed Citation wording clarification: Right of Appeal You have the right to appeal this Administrative Citation within five (5) calendar days from the date of service. An Appeal must be made in writing to Municipal Court Clerk, 7500 W. 29th Avenue, Wheat Ridge, CO 80033. Your appeal may be filed in the clerk's office in person, mailed, or by facsimile transmission (303-235-2829). Your case will be heard by an administrative hearing officer ("AHO") no more than fourteen (14) days after the date the notice of appeal was filed. The only issue to be decided by the AHO is whether the code officer exceeded his/her authority in issuing the citation. To do so, the City must prove that a violation of code took place. The AHO may uphold the administrative citation and all penalties or dismiss the administrative citation and all penalties or may waive or conditionally reduce the penalties assessed by the administrative citation. The AHO may also impose conditions and deadlines to correct the violations or require payment of any outstanding penalties. In the event that the AHO does not dismiss the administrative citation, the AHO shall assess reasonable administrative costs for the hearing of not less than one hundred dollars ($100), but not to exceed two hundred dollars ($200). ATTACHMENT 2 .. ~ ., . ~ _ • CIty of Ar?" Wheat~dge ~OLlCE DEPARTMENT Memorandum TO: Mayor DiTullio and City Council THROUGH: Patrick Goff, City Manager Administrative Services FROM: Daniel Brennan, Chief of Police Police Department DATE: June 18,2010 SUBJECT: Staff Report -Amendment to Article V of Chapter 2, Administrative Enforcement Ordinance /Citation There are two changes to the Administrative Citation process that would increase the effectiveness of enforcement and the transparency of the citation and appeal process. The first is the addition of Chapter 24, Vegetation to the Administrative Enforcement Ordinance. The second is clarification of the wording on the citation regarding the right to appeal. Article V, Chapter 2, the Administrative Enforcement Ordinance currently does not include Chapter 24, Vegetation. Community Services Officers (CSO) are expected to enforce aspects of this chapter in an efficient and effective manner. The addition of Chapter 24, Vegetation to the Administrative Enforcement Ordinance would allow CSO's to impact the areas of tall weeds, nuisance plants and tree and shrub control more efficiently. The Administrative Citation includes an explanation of the Right to Appeal. The current citation right to appeal allows the citizen fourteen (14) days to schedule a hearing once the citation has been issued. The proposed change in the right to appeal would provide the opportunity for the citizen to request a hearing within fourteen (14) days of when a notice of appeal is filed. This change provides the opportunity to schedule administrative hearings and administrative hearing officers (AHO) in a timely manner. In addition, the proposed change to the citation will clearly state what decisions will be made by the AHO during the hearing. The clarification will read, "The only issue to be decided by the AHO is whether the code officer exceeded hislher authority in issuing the citation." There is no financial impact associated with these proposed changes. The benefits of changes recommended provide the the CSO's the ability to effectively enforce Chapter 24 through the administrative citation process. The administrative citation process has provided the City of Wheat Ridge with a high compliance rate on violations. The changes to the administrative citation "Right to Appeal" provide cited parties, the Municipal Court and the CSO ATTACHMENT 3 Staff Report: Amendment to Article V of Chapter 2, Administrative Enforcement Ordinance/Citation June 18, 2010 Page 2 an opportunity to schedule and attend hearings in a timely manner. The addition of the statement clarifying what decisions are made by the hearing officer during a hearing, better informs the public on what will be addressed during a hearing. Attachments: I. Proposed addition of Chapter 24 2. Proposed Citation wording clarification Prepared by: Mary McKenna, Community Services Supervisor Community Services Team Police Department " . .' r City o r 'Wheat~dge ITEM NO: ~ \ DATE: July 26, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 14-2010 AN ORDINANCE AMENDING ARTICLES II AND VI OF CHAPTER 26 CONCERNING ACCESSORY STRUCTURES ON PROPERTIES WITH COMMERCIAL OR INDUSTRIAL ZONING (CASE NO. ZOA-10-03) D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE: ~ ORDINANCES FOR 1ST READING (07/26/2010) D ORDINANCES FOR 2ND READING (08/09/2010) DYES City Manager Chapter 26 of the Wheat Ridge Municipal Code does not allow for any accessory building, such as a storage shed or garage, on properties within a commercial or industrial zone district. The proposed code amendment would allow accessory structures on such properties, subject to regulations regarding size, placement, maximum number, and design/screening. The proposed amendment to the current zoning code would allow properties with commercial or industrial zoning to have accessory structures. The amendment is intended to facility the City's economic development efforts. PRIOR ACTION: City Council provided direction to staff at the May 17, 2010 Study Session. Council recommended that staff add an option for business owners to construct a small shed that is not required to match the materials of the primary building. Staff has incorporated this suggestion into the ordinance. Planning Commission reviewed the proposed amendments at their June 3, 2010 Study Session and agreed with the recommendation to allow a small structure made of materials that differ from the primary building. ZOA-10-03 Accessory Structures Code Amendment Ordinance Amending Code of Laws -Accessory Structures July 26, 2010 Page 2 Planning Commission recommended approval of the proposed ordinance at a Public Hearing on June 15, 20 I 0, with the condition that staff clarify if owners would be able to apply for a variance in one or both ofthe following cases: (I) if an owner with either industrial or commercial zoning would like to apply for more accessory structures than permitted; and (2) if an owner in a commercial zone district would like to have a shipping container. Staff researched this issue and confirmed with the City Attorney that a variance request would not be possible for either option. Section 26-1 I 5.C of the current code, pertaining to variances, states that variance requests only apply to certain development standards within the code, not including the supplementary standards in Article VI, where the accessory structure regulations are located. FINANCIAL IMP ACT: It is not expected that the proposed code amendment to allow accessory structures on commercial and industrial properties would have a direct financial impact for the City. However, approval of the ordinance would enable many business owners to invest in their property, contributing to business retention and economic development within Wheat Ridge. BACKGROUND: Chapter 26 of the Wheat Ridge Municipal Code does not allow any property with commercial or industrial zoning to have an accessory structure on site. This provision has been in place since 200 I. There are numerous commercial and industrial property owners in Wheat Ridge who have expressed interest in building an accessory building, most often to meet storage needs. Currently, the only option for such owners is to receive a Temporary Use Permit, which lasts for a maximum of one year only, or to add on to the primary building, which is often cost-prohibitive. There are some commercial and industrial properties in the City that already have legal nonconforming 'or illegal accessory structures, often shipping containers, on their property. A provision in the code allowing for accessory structures in commercial and industrial zones would provide a viable, legal, and affordable option for property owners to construct accessory buildings. Several jurisdictions in the Denver metro area allow for accessory structures on commercial and industrial properties. Of 12 local municipalities researched by staff, II allowed for accessory buildings within commercial and industrial districts. Most jurisdictions include regulations on the size, maximum number, placement, and design of accessory structures to ensure that they do not dominate a property or have an aesthetic impact on neighboring properties and adjacent streets. RECOMMEND A TlONS: The intent of the attached ordinance is to provide a viable, legal option for property owners in industrial and commercial zone districts to build accessory structures on their property. This will serve the needs of existing and future business owners for on-site storage and parking. The proposed ordinance would set minimum standards for accessory buildings to ensure that they are appropriately placed and designed and that they do not have a negative visual impact on the surrounding area. Ordinance Amending Code of Laws -Accessory Structures July 26, 20 I 0 Page 3 The proposed regulations include the following items: • Size limit: the total floor area of all accessory structures may not exceed 50% of the floor area of the primary structure. In no case mayan individual accessory structure exceed 500 sq uare Feet. • Maximum number: One for commercial districts; two For industrial districts • Location: May only be located in the required rear or side yard areas (not allowed in side yard areas adjacent to a public right-of-way) • Required setbacks: 5-Feet side; 10-feet rear • Minimum required building separation: per building code • Maximum height: 12 feet • Materials: the structure must have materials that are architecturally compatible with the primary structure • Storage lmits/shipping containers: o Not allowed in commercial districts o Maximum of one allowed in industrial districts, but must be screened by a wall or opaque fence that is at least as tall as the unit (maximum of 8 feet tall) Based on input From City Council at the May 17th Study Session, the proposed ordinance includes the option to construct a small accessory structure -120 square Feet or less -that is not required to have materials compatible with the primary structure. These structures could be composed of any material except metal and would allow a business owner to keep a small shed for storage on their property. RECOMMENDED MOTION: "[ move to approve Council Bill No. 14-2010, Case No. ZOA-IO-03, an ordinance amending Chapter 26 of the Code of Laws concerning accessory structures on properties with commercial or industrial zoning, order it published, public hearing set for Monday, August 9th at 7 p.m. in City Council Chambers, and that it take effect IS days after final publication. Or, "[ move to postpone indefinitely Council Bill No. 14-2010, Case No. ZOA-10-03, an ordinance amending Chapter 26 of the Code of Laws concerning accessory structures on properties with commercial or industrial zoning, For the following reason(s) " REPORT PREPARED/REVIEWED BY: Sarah Showalter, Planner II Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director A TT ACHMENTS: 1. Council Bill No. 14-2010 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _____ _ COUNCIL BILL NO. 14 ORDINANCE NO .. -:-::: _ _ Series 2010 TITLE: AN ORDINANCE AMENDING ARTICLES II AND VI OF CHAPTER 26 CONCERNING ACCESSORY BUILDINGS ON PROPERTIES WITH COMMERCIAL OR INDUSTRIAL ZONING 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 Council of the City of Wheat Ridge finds that there is a need to allow for accessory buildings and structures on properties with commercial or industrial zoning, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-204 of the Code is amended to read: Sec. 26-204. Zone district use schedule. A. The following schedule of permitted and special uses allowed within the various zone districts is hereby adopted and declared to be a part of this Code and may be amended in the same manner as any other part of this Code. In each zoning district, any uses not expressly permitted (P) or allowed as a special use (S), or as an accessory use (S) shall be deemed to be excluded. The director of community development shall render the final administrative decision concerning the scope, application and meaning of the terms in this section. B. The director of community development has authority to determine that a use not specifically listed as permitted, allowed as a special use or an accessory use should be so permitted or allowed on the basis of its being similar to a listed use, compatible in character and impact with other uses in the zone district, consistent with the intent of the district. and which would not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, or is not hazardous to the health and safety of surrounding areas through danger of fire or explosion. The director's decision may be appealed to the board of adjustment. C. Upon application or on its own initiative, the city council may by ordinance add to the uses listed for a zone district, conforming to the conditions set forth in the following special findings: ATTACHMENT 1 1. Such use is appropriate to the general physical and environmental character of the district to which it is proposed to be added, and 2. Such use does not create any more hazard to or alteration of the natural environment than the minimum amount normally resulting from the other uses permitted in the district to which it is added, and 3. Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses permitted in the district to which it is proposed to be added, and 4. Such use is compatible with the uses existing and permitted in the district to which it is proposed to be added at the time of adoption. TABLE INSET: Commercial and Industrial District Accessory Uses Accessory buildings and structures Electric transmission or other public utility lines and poles, irrigation channels, storm drainage and water supply facilities Food services Residential uses in in commercial zones Outside storage or display Key: P = Permitted Principal Uses S = Special Uses Notes See § 26-625 Primarily for the occupants of a building containing a permitted use when located within the same building See § 26-626 See § 26-631 (Ord. No. 2001-1215, § 1, 2-26-01 ; Ord. No. 1273, § 2,1-13-03; Ord. No. 1274, § 2,1-13-03; Ord. No. 1288, §§ 1, 2, 5-12-03; Ord. No. 1301, §§ 2--4, 7-28-03; Ord. No. 1302, §§ 4--6, 7-28-03; Ord. No. 1313, § 10,10-27-03; Ord. No. 1322, § 1, 5-10-04; Ord. No. 1348, § 1, 7-11-05; Ord. No. 1370, § 1, 8-28-06; Ord. No. 1375, §§ 1, 2, 10-24-06; Ord. No. 1387, § 2, 6-11-07; Ord. No. 1413, §§ 2, 3,6-9-08) Section 2: Section 26-625 of the Code is amended to read: Sec. 26-625. Accessory buildings and structures. A. Purpose and scope. The purpose of this section is to allow accessory buildings that are incidental and subordinate to the principal use and structure on a property and to set forth standards that help to minimize adverse impacts of these buildings on adjacent property. The purpose of this section is also to allow flexibility to construct accessory buildings on challenging properties relative to size and existing physical improvements while minimizing adverse impacts on surrounding properties. The terms building and structure are used interchangeably in this section and all regulations herein apply to buildings and structures, irrespective of the te ~m used. B. Applicability. All accessory buildings on residentially zoned pFoperty shall be subject to the provisions set forth in this section, and those in sections 26-205 to 2& 214 26-220 (Fesidential and agFiGllltllFaI (zone district regulations). In the event of a conflict between the accessory building standards in this section and any other requirements of this Code, this section shall control. C. Accessory building standards for residential and agricultural zone districts 1. General standards. a. Location. i. No accessory building shall be located on a vacant lot devoid of any primary or main building . ii. No accessory building shall be located within any platted or recorded easement or over any utility, except as otherwise expressly agreed to in writing by the city or utility provider, as applicable. b. Size and height. The size and height of accessory buildings shall be as set forth in the residential and agricultural zone district regulations, as applicable, in sections 26-205 to 26-214. c. Miscellaneous provisions. i. Metal accessory building restriction. Metal accessory buildings over one hundred twenty (120) square feet are not permitted in any residential zoning district. Frame-built residential accessory structures over one hundred twenty (120) square feet in size may be allowed to have metal siding as long as the material has a textured wood grain appearance similar to horizontal clapboard. Vertically placed vinyl-clad siding is not allowed . ii. Buildings housing animals. Any building that houses animals, except a residence, shall be setback a minimum of fifteen (15) feet from property lines and at least thirty (30) feet from a residential structure on an adjacent property, except as otherwise specified in any zone district. iii. Gates and guard houses. Gates and guard houses are only allowed as part of an approved planned development. iv. Dwelling unit restriction. Except as otherwise expressly allowed, no dwelling unit shall be located in any accessory. 2. Major and minor accessory buildings. Major and minor accessory buildings shall be as defined in sections 26-205 to Section 26-214 based on size and height. 3. Allowable setback encroachments for accessory buildings. Accessory buildings may encroach into required setbacks as set forth below: a. Front yards and side and rear yards abutting public streets. Where an existing principal building that lawfully existed at the time of the adoption or amendment of this section encroaches into a required front yard setback or a required side or rear yard setback abutting a public street, an accessory building may encroach into the required setback as follows, provided that there shall be no encroachment into the minimum sight distance triangle as set forth in subsection 26-603.B: I. Detached garages and carports. Detached garages and carports may build in line with the nonconforming principal building, as long as the detached garage is located behind the front or street-facing facade of the principal building, except as follows: a) Where the garage door or main vehicular access is located parallel to the street, the setback cannot be between five (5) feet and eighteen (18) feel. The purpose of this regulation is to allow setback encroachments where there will be not be the possibility of vehicles parked in the driveway in conflict with public rights-of-way. (See Figure 26-625.1) 11~lIt\ ~I' to~';; I \ 11 ",d .... \111 1i,1, I 'Id" hhlll(III' I II r I, II, 01 C. II 1_" ALLOWED ALLOWED b) Where the garage door or main vehicular access is located perpendicular to the street, the detached garage or carport may be built in line with the principal building. The purpose of this regulation is to allow setback encroachments where there will be not be the possibility of vehicles parked in the driveway in conflict with public rights-of-way. c) Where the garage door or main vehicular access is located parallel to and accessed off of an arterial street, the detached garage may not encroach into the required setback. d) The community development director may require modified setbacks in these instances where there may be potentially hazardous conditions. ii. All other accessory buildings. Accessory buildings that do not have any vehicular access may build in line with the nonconforming principal structure in front yards and side and rear yards abutting public streets, as long as the accessory building is located behind the front or street-facing facade of the principal structure. D. Accessoty building standards for commercial and industrial zone districts 1. General standards. a. Location. i. No accessory building shall be located on a vacant lot devoid of any primary or main building. ii. No accessory building shall be located within any platted or recorded easement or over any utility, except as otherwise expressly agreed to in writing by the city or utility provider, as applicable. iii. Accessory buildings shall only be located in the side or rear yard. Accessory buildings may not be located in side yards that abut a public right-of-way. b. Maximum number. i. In commercial zone districts, a maximum of one accessory building shall be allowed. ii. In industrial zone districts, a maximum of two accessory buildings shall be allowed. c. Size. The total floor area of all accessory structures on a single property may not exceed 50 percent of the floor area of the primary structure located on that property. In no case maya single accessory structure exceed 500 square feet in floor area. d. Setbacks. i. The required side yard setback shall be a minimum of five feet. ii. The required rear yard setback shall be a minimum of 10 feet. e. Height. The maximum height of any accessory structure shall be twelve (12) 12) feet. c. Materials. The accessory structure shall have exterior materials that are architecturally compatible with the primary structure, with the following exceptions: i. An accessory structure that is 120 square feet or less. Such accessory structures may not be constructed of metal, but are allowed to have metal siding as long as the material has a textured wood grain appearance similar to horizontal clapboard. Vertically placed vinyl-clad siding is not allowed. ii. On industrial zoned properties only, one or both of the allowable accessory structures may be industrial shipping containers or storage units that do not have exterior materials compatible with the primary structure. Such containers must be screened from view of adjacent properties and streets by an opaque wall or fence that is at least as tall as the container and that does not exceed eight (8) feet in height. E. Accessory buildings in Planned Development Districts. 1. Accessory buildings shall only be allowed in a Planned Development District if accessory structures are expressly permitted in the approved Outline Development Plan. All standards for accessory buildings in a Planned Development District shall be established in the approved Outline Development Plan. (Ord. No. 1448, § 5, 8-24-09) Section 3: Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4: Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5: 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 _ to __ on this 26th day of July, 2010, ordered it published with Public Hearing and consideration of final passage set for Monday, August 9th, 2010 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 , 2010. SIGNED by the Mayor on this ___ day of _______ , 2010. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: ___________ _ Second Publication: -,-_________ _ Wheat Ridge Transcript: _________ _ Effective Date: ____________ _ • < • • r City of ? WheatRL..dge ITEM NO: 3, DATE: July 26, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 15-2010 -AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 26 CONCERNING THE PROVISION FOR CONDITIONS OF APPROVAL IN THE ZONE CHANGE PROCESS D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS C ISSUE: ~ ORDINANCES FOR I ST READING (07/26/20 I 0) D ORDINANCES FOR 2 ND READING (08/2312010) DYES The attached ordinance proposes an amendment to the zoning code to establish a provision for conditions of approval during the zone change process. Currently, the zone change process provided for in Section 26-112 (private rezoning) recognizes recommendations from the Planning Commission and approvals by City Council for only approval or denial of a request. The proposed language will allow for approval with conditions. In order to legitimize an approval with conditions during the zone change process, there should be enabling legislation included in the code of laws. The Planning Commission recommended approval ofthis amendment at a public hearing held on July 15, 20 I O. PRIOR ACTION: None FINANCIAL IMPACT: There could be negative financial impacts to the City in respect to litigation if a zone change is approved with conditions when there is no enabling legislation in the code. Ordinance Amending the Code of Laws -Conditions of Approval July 26, 20 10 Page 2 BACKGROUND: Section 26-112 lays out the process for private zone change requests. The process described in the code allows for recommendations of approval or denial by the Planning Commission and final action by City Council for approval or denial. There is no mention of allowing approval of a request with conditions. In order to allow approval with conditions, there should be a basis in the code of laws. This amendment was initiated based on a recommendation of the City Attorney. RECOMMENDATION: Approve the legislation as proposed. RECOMMENDED MOTION: "I move to approve Council Bill No. 15-2010, a proposed amendment to Article I of Chapter 26 of the zoning and development code regarding conditions of approval for zone change requests, on first reading, order it published, public hearing set for Monday, August 23, 2010 at 7 p.m. in the City Council Chambers, and that it take effect 15 days after publication." Or, "I move to postpone indefinitely Council Bill No. 15 2010, a proposed amendment to Article I of Chapter 26 of the zoning and development code regarding conditions of approval for zone change requests, for the following reason(s) " REPORT PREPARED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 15-20 I 0 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _____ _ Council Bill No. 15 Ordinance No. ____ _ Series of 2010 TITLE: AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE PROVISION FOR CONDITIONS OF APPROVAL IN THE ZONE CHANGE PROCESS 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, in the exercise of this authority, the City Council has previously enacted Article I of Chapter 26 of the Wheat Ridge Code of Laws (the "Code"), concerning zone changes; and WHEREAS, the Council finds and determines that provisions must be in place to allow approval with conditions during the zone change process. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-112 of the Code is amended to read: Sec. 26-112. Private rezoning. A. Purpose. A change of any zone district as shown on the official zoning map is permitted only when it is consistent with the goals and policies of the Wheat Ridge Comprehensive Plan and promotes the general welfare of the community. If a proposed amendment is not consistent with the comprehensive plan, then the request may only be approved if the applicant demonstrates that the request is justified because of changed or changing conditions in the particular area or in the city in general, or the rezone is necessary to correct a manifest error in the existing zone classification. A manifest error may include, but may not be limited to, one (1) or more of the following: 1. Mapping errors, including incorrect boundary location or incorrect zone designation, or 2. Ordinance errors, including incorrect zone designation, legal description error or typographical errors. The final decision on a change of zone expressly rests in the exercise of the discretion of the city council and all applicants are advised there is no right to a change of zone of property. ATTACHMENT 1 E. Planning commission review. The planning commission shall hear and consider any evidence or statement presented by the applicant, city staff, or by any person in attendance at the hearing. The planning commission shall then make a recommendation to city council to approve, approve with conditions, or deny the application, basing its recommendation upon the facts presented in the public hearing in consideration of the criteria for review as specified above. F. City council review. City council shall review and decide upon all requests for change of zone, upon recommendation of the planning commission for approval, approval with conditions, or for denial. Change of zone may only be approved by passage of an ordinance following the city's standard ordinance adoption procedures. Notice of public hearing shall be by publication, letter and site posting in the manner provided in section 26-109 hereof. City council, in addition to consideration of the planning commission record, shall hear additional evidence and testimony presented and either approve, approve with conditions, or deny the ordinance. City council shall base its decision upon all evidence presented, with due consideration of the criteria for review. Section 2. Safety Clause: The City of Wheat Ridge hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 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 ___ to on this 26th day of July, 2010, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for August 23,2010, 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 23rd day of August, 2010. SIGNED by the Mayor on this ___ day of ______ , 2010. 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 . , • _ • City of ? WheatR;L.dge ITEM NO: 4-, DATE: July 26, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 36-2010 -A RESOLUTION APPROVING THE PURCHASE OF ONE REPLACEMENT POLICE SPECIAL INVESTIGATIONS VEmCLE, AMENDING THE FISCAL YEAR 2010 PUBLIC WORKS OPERATIONS BUDGET, AND IN CONNECTION THEREWITH, APPROVING A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $20,750 D PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR I ST READING D ORDINANCES FOR 2ND READING DYES ~ NO City Manager Unit 8, a 2007 police special investigation Dodge Magnum, was involved in an accident on April 14, 20 I 0 and is beyond repair. Funding for the purchase of a replacement vehicle requires an additional appropriation from the General Fund reserves. The new vehicle is available through the Colorado Price Agreement #07000YYY02M. The State bid price for a 2010 Ford Explorer SUY is $20,750. PRIOR ACTION: None FINANCIAL IMPACT: Funding for the purchase of replacement Unit 8 exceeds the current fleet replacement budget, requiring an additional appropriation from the General Fund reserves in the amount of$20,750. The City will receive partial reimbursement for the lost vehicle from the City's insurance carrier, CIRSA. V:IFormslCAFtemplate Council Action Form July 26, 2010 Page 2 BACKGROUND: Police Special Investigations Division Unit 8 incurred non-repairable damage in April of20 10. Police Staff requests the purchase of a 2010 Ford Explorer SUV to replace the 2007 Dodge Magnum. A budget appropriation of$20,750 is required for the unscheduled purchase of the vehicle. RECOMMENDATIONS: Staff recommends that City Council approve the appropriation of$20,750 for tbe purchase of the Ford Explorer SUV police special investigations vehicle. RECOMMENDED MOTION: "I move to approve Resolution No. 36-20 I 0, a resolution approving the purchase of one replacement police special investigations vehicle, amending the fiscal year 20 I 0 public works operations budget, and in connection therewith, approving a supplemental budget appropriation in the amount of$20,750. Or, "I move to postpone indefinitely Resolution No. 36-20 lOa resolution approving purchase of one replacement police special investigations vehicle, amending the fiscal year 2010 public works operations budget, and in connection therewith, approving a supplemental budget appropriation in the amount of$20,750.for the following reason(s) " REPORT PREPARED BY: Greg Knudson, Operations Manager Tim Paranto, Public Works Director ATTACHMENTS: I. Resolution No. 36-20 I 0 2. Unit 8 Spec Sheet 3. Colorado Price Agreement CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 36 Series of 201 0 TITLE: A RESOLUTION APPROVING THE PURCHASE OF ONE REPLACEMENT POLICE SPECIAL INVESTIGATIONS VEHICLE, AMENDING THE FISCAL YEAR 2010 PUBLIC WORKS OPERATIONS BUDGET, AND IN CONNECTION THEREWITH, APPROVING A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $20,750 WHEREAS, Police Special Investigations Unit 8 incurred non-repairable accident damage; and WHEREAS, the City Council wishes to replace Police Special Investigations Unit 8; and WHEREAS, the 2010 Public Works Operations Fleet Replacement budget does not include funding for replacement of Unit 8 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: 1. Purchase of one 2010 Ford Explorer XL T SUV from Spradley Barr Ford Lincoln of Greeley, under Colorado Price Agreement #07000YYY02M in the amount of $20,750 is approved. 2. The following amendments to the 2010 Public Works Operation budget are hereby approved: (a) Transfer $20,750 from General Fund Reserves to the General Fund. (b) Increase account 01-303-800-807 from $73,861 .00 to $94,611 .00 DONE AND RESOLVED this 26th day of July 2010. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk ATTACHMENT I CITY OF WHEAT RIDGE Specifications for one (1) Special Investigations vehicle. (Replacement for Unit 8) June 21, 2010 BASED ON STATE OF COLORADO PRICE AGREEMENT # 0700YYY02M Base vehicle as bid: 2010 Ford Explorer XL T: Standard Specifications Body Code: K2 Exterior Paint Color: Blue Flame Metallic (SZ) Interior Color: Camel (Cloth) Fuel Type: Gasoline Factory Options None $20,750.00 Total Price of Vehicle Only with Selected Factory Options: $20,750.00 ATTACHMENT 2 Agreement 07000YYY02M for Vehicles Agreement Number: 07000VYY02M MANDATORY Agreement Status: Current Category: Vehicles Commodity Description: Body Codes A3, A7, Cl, DS, K2, K3, K7 & KH Period Covered: 11113/2009 -0813112010 Option to Renew for 0 More Year(s) Commodity Code: 070-00 Contract Status: Not applicable 1343 Certification Date: Pagelof4 State of Colorado Price Agreement . '.:.. ~ ,:..;."", Department of Personnel and Administration State Purchasing Office 633 17th Street, Suite 1520 Denver, CO 80202-3609 Please direct purchasing agent inquiries on this award to: Tom Spiker at (303) 866-6155 or or tom.spiker@state.co.us Amendment Number: 6 Amendment Effective on: 12/14/2009 Reason For Amendment: Addition of Body Code K2 (Patrol) to award Amendment History: 1. 11116/2009 Addition of Body Code 05 to award 2. 11118/2009 Addition of Body Code KH to award 3. 11119/2009 Addition of Body Code K3 to award 4.12/02/2009 Addition of Body Code K7 to award 5. 12/04/2009 Addition of Body Code K2 to award 6. 12114/2009 Addition of Body Code K2 (Patrol) to award Ordering Information Contaet:Dan Markley Order Number:970.506.3621 Toll Free Number:N/A Fax:970.S06.3674 Contact Email:danielsmarkley49@hotmail.com Terrns:N et 30 F.O.B.:Refer to Solicitation Documents Delivery:Refer to Solicitation Documents Company:Spradley Barr Ford Lincoln Mercury of Greeley Does Business As:Spradley Barr Ford Lincoln Mercury of Greeley Address:4901 W 29th St City, State, Zip:Greeley, CO 80634 ATTACHMENT 3 https:llwww.gssa.state.co.uslPriceA wd.nsflbOb I c9acl bOt2 7fd872567940062 I I b8/a44ca4... 06/21/20 I 0 Agrcement 07000YYY02M for Vehicles Page 2 of4 Minimum Order:N/A This Agreement Results from Solicitation Number: lFB-TS-00002-10 "2010 or Newer Model Year Fleet Vehicles" Conditions of Agreement: Solicitation Documents ~ Click the icon to the left to access all Solicitation Documents Applicability This State Price Agreement resulting from the above referenced solicitation will be primarily used by the Department of Personnel & Administration, State Fleet Management (SFM), to purchase vehicles on behalf of various State Agencies and Institutions of Higher Education. Political Subdivisions and approved Non-Profits are also permitted to purchase vehicles from the resulting State Price Agreements. Term of the Award This State Price Agreement will remain in effect through August 31, 2010 howevcr, vchiclcs mayor may not be available fi'om the awarded dealers after the Factory Fleet Close Date. Please check with the awarded dealer on the availability of this particular body code prior to placing an order after the the Factory Fleet Closc Date. The State Purchasing Office will update the Factory Fleet Close Date information on the 2010 or Newer Model Year Fleet Vehicle Awards spreadsheet (below) as information becomes available. In the event that the dealer can offer an awarded vehicle after August 3 I, 201 0, the State reserves the right to issue an extension to this State Price Agreement. Extensions must be issued prior to August 31, 2010. Insurance The awarded vendor shall obtain, and maintain at all times during the term of the contract, insurance in the following kind and amounts: • Workers' Compensation Insurance -The Workers' Compensation Insurance limit will be as required by State Statute covering all of the vendor's employees. Evidence of Workers' Compensation Insurance in the form of a certificate must include a clause stating that the carrier will waive all rights of recovery, under subrogation or otherwise, against the State of Colorado, it's agencies, institutions, organizations, officers, agents, employees and volunteers. • Commercial Automobile Liability Insurance -The Automobile Liability Insurance must cover any auto (including owned, hired and non-owned autos) with a minimum limit of$I,OOO,OOO each accident combined single limit. • Garage Keepers Liability -The Garage Keepers Liability Insurance must have a minimum of $500,000 per occurrence. Click the attachments below for the most recent Insurance Certificate: ~ Sp<adley Barr COl [Workers Camp · 10.m.2010).pdf -m Spradley Barr COl [Garage & Excess· 07.01.2mO).pdl https:/Iwww.gssa.state.co.us/PriceAwd.nsflbOb I c9ac I b0t27fd872567940062 I I b8/a44ca4... 06/2112010 Agreement 07000YYY02M for Vehicles Page 3 of 4 Agreement Prices: I B d C d I Body Code I Make II Model I Base Price Award Specification Sheet . 0 y 0 e. Description. Based on ... 8 Midsize BB $13,399.00 Low Base 1t1 Sedan Bid A3· Ford Fusion.pdf Low Base Large Patrol Crown Bid& 'ml A7 Ford $23,428.00 Flexible Sedan Victoria Fuel A7 . Ford Do"",,, Victoria.pdf Vehicle 8 Cargo Van B Transit $18,886.00 Low Base 'm Mini Connect Bid C1 . Ford Trar"il Connect. pdf Low Base 15-Bid& 05 Passenger Ford E-350 $21,901.00 Flexible ~ Van Fuel D5· Ford ~·35 0.pdf Vehicle Medium 4-r0 Door 5-Passenger -m Ford Explorer $20,750.00 Low Base ,;;; 4X4 Bid K2· FOld E,plorer.pdf Passenger Utility Medium 4-Door 5-Passenger Low Base rm K2 4X4 Ford Explorer $21,900.00 Bid Passenger K2. Ford E>pIOler.pdf Utility Patrol Extra Large Low Base 4-Door 9-Bid, K3 ~ Passenger Ford Expedition $31, 184.00 Flexible 4X4 Passenger Fuel K3· Ford E, pedilion.pdf Utility Vehicle Large 4-Low Base Door4X4 Bid -Patrol 11 K7 Passenger Ford Expedition $26,913 .00 Expedition, Flexible Utility Fuel K7 . Ford E,pedilion.pdf (Ford Velticle Expedition) I II Hybrid 4x411 II II II Low Base II I https:llwww.gssa.state.co.us/PriceAwd.nsflbOb1c9ac 1 b0t27fd87256794006211 b8/a44ca4... 06/21/2010 Agreement 07000YYY02M for Vehicles I VH I Passenger I ,,~ .. " II ,,_~~_~ I ~ Utility ~~ $28,511 .00 Hybrid -Escape Page 4 of4 KH . FOld Escape.pdf This State Price Agreement page provides information on the body codes awarded to the above dealer. For an overview of all current Vehicle State Price Agreements click on the icon below to access the 2010 or Newer Model Year Fleet Vehicle Awards (XXXX20XAj spreadsheet This spreadsheet can be used to get basic infonnation on each of the 201 0 Vehicle Awards. TIle date on the title of the spreadsheet is to identify the most recent revision to the spreadsheet The spreadsheet includes the following information for each awarded vehicle: • Body Code • Body Code Description • Price Agreement Number • Dealer • Make • Model • Base Price • Miles Per Gallon (CitylI-lighway) • Factory Fleet Close Date TIle spreadsheet has four tabs that can be found near the bottom: Lowest Base Price, Diesel Vehicles, Flexible Fuel Vehicles and Hybrid Electric Vehicles. The tabs are to help help those utilizing the spreadsheet to easily identify the categories for which the State Price Agreement Awards have been made. To access the detailed award information either click on tlle State Price Agreement Number on the attached spreadsheet or locate the award on thc Colorado State Price Agreement Page by clicking on the State Price Agreement Number under the Vehicles category~ ~ Click the icon to the left to access the 2010 or Newer Model Year Vehicle Awards spreadsheet https:llwww.gssa.state.co.us/PriceAwd.nsfIbObl c9acl b0f27fd872567940062 1 1 b8/a44ca4... 06/21 /2010 ) ~ ) Class: SUV 4)(4 Representative Models: 1: FORO 3: JEEP Colorado State Fleet Managemenl 2010 VElUCL.E SPECIACATlQNS Deal .... lnvttatIon to BId PASS UDL MEDIUM, 4X1 (5 PASS) EXPLORER COMMANDER 2; JEEP 4: GRCHEROKEE Page 1 ot 3 MAkE: re> ;:i)];) MODEL: E)r p /..r '''I oeM MODeL.: U 77/TRIM LEVEL: XL T oeM COOE: (0 014-• STANOARD SPECIFlCATIONS' OEM COOE INOICATE ACTUAL DEALER SPECIACATIONS ~ PASS: 5 PERSONS MIN. $,b 111 DOORS: 4 FULL SIZE SIDE DOORS 1 117 TAILGATE ~ T1RES: ALL SEAS M&S RADIAL ~ FULL SIZE SPARE TIRE 174 WHEELBASE: 106.0 IN. UlN II ::. . 2 ~ ENG MIN CYl: S " Co ~ 1 ~ RJEL TANK: 18 GAL MIN 2;;::.5 ~ GVW AATING: 4400 MIN ~ IZ:Q ~ AIR CONDITIONING· Rl34a S'T:P ~ .AAOIO: AMII'M hMFM CoIl ~ POWER BRAKES & POWER STEERING «;Tb ) ~ ABS BRAKES ~ SEATS: a.OTH SEATS ~ ~EATS: BUCKET SEATS· CLOTH ~ FlOORING: CARPET ~ ~IA BAG -DRIVER SfOE 400 MIRRORS: RIGHT AND lEFT 403 REAR 'fflf"«>OW DEFROSTER .". ItfTERMlTTerT WIPERS 410 TRANSNlSSlON: AllTOMAT1C ~ FOUR-WHee. DfUVE ~ AUTOMATIC LOCKING FRONT HIJ8S ~ ~ ~ SKID PLA TE·FUEL TNK, TAFR OSIOI 51E: ~ ENG MIN OISP: 3.71. j . e ~ AXl£ RA T10 (MIN) 3.07 3,.55 ~ FlOOR MATS FRONT AND REAR s\~ 910 PRiMARV RJEl.: UNlEADED 5,» ~ STANDARD WARRANTY · BUMPaI TO BUMPEJ 3,/'3',0 00 STANDARD VEHICLE BASE PRICE $ ~C). 750 Q..Q Class; $UV.",4 Representative Model$: 1: FORO 3; JEEP MAKE: AVAIlABLE Of'1lONS-~ OOORS: 2SIDEOOORS ~ TIRES: AU-TERRAIN. UST SIZE: ~ TIRES: OPTION 11, UST Size • ~ NON-sTO ENGINE OPIlON A: ~ HEAW DUTY SUSPENSION ~ GVW OPTION: SPEaFY ~ AXLE RATIO 0PT10N: SPECIFY ~ ALT FUB. -OEM 81 FUB. ~ ALT AJEL· OEM OEDtCATED ~ E8S -OEM 81 FUEL ~ DARKEST LEGAL TINT AVAIL .• ~ REMOTE KEYLESS ENTRY T~ CRUISE CONTAOVnLT COlorado State Fleet Management 2010 VEtiJClE SPEC1F1CAnON$ Del ..... Invitation 10 Bid BodyCod'i ~ EXPlORER COMMANDER PASS UDL MEDIUM 4X4 (5 PASS. 2: JEEP 4: GRCHEROKEE oeM MODEl. '" L-\ '1 » TRIM LEV£L, )( L T OEM COOEACTUAL I COMMENTS TSlL ff?/w{, '1." l/-fJ) Re't .... ·il~.s I~ « A..lo C 3,73 s 'n? --.:. ~ CONSOlE BETWEEN BUCKET SEATS ~ SEATS: VINYl. SEATS t..!>1=9 ~ SEATS: FRONT BENCH SEATS • 321 FLOORING: RUBBER • 330 SECURITY CAGE:lJST DES!GN.\.OCA F~L -402 REAR WIPER ST» 406 REAR AXLE· ANn SPIN i.llfl b:l(£' Page20U 0/1612009 OEM coDe, t Cl 0 A PRICE 1'15 /.769 .. -~ . ~ TRANSMISSION: MANUAL WKYVERDR>! 430 PCKG:TOWINGiRCVR HITCH(Atd1mI) ,$-JG Of:fr1 6:2 I>!!:" !t :lLu ~ 41 e II :f :2...(;,<]. , ~TOWHOOKS 1.2l~ ~ PACKAGE:OFF ROAD (A_on» , ~ PKG: STJIOaE UGHT (_em) wll ~ ENGlNE BlOCK HEATER !::ill! 1'0\~ ~ .. ~ .... ~ ~ft /.('2-1{ 2 I$'" 3$ ~ EPACT AFV CREDIT: Specify ~ lEFT DOOR POST SPOTUGHT (soW) wA ...,/A (q~ -~ POWER LOCKS • ~ PACKAGE: UGHl BAA (anadmnt not InSlaI..." I<~I SYl> iLe.,j e ~ I ~4.1j -~ POWER WINDOWS S'\'3> ~ DELETE OAYTIM£IAUTO HEADLIGHTS s\"~ ..:, ~ AINfM CO PLAYER .j ~ HYBRID GAS/EI..ECm1C ~~D I,j I..{\ ~ UPPER TRIM I.EVEL PKO: SPECIFY I...,c\",&e~ :S~"-"'C ~ S ,r,.&A.,S 1"'<"3 S'15 Ctas.s: SUV 4,,4 Representative Models: 1: FOA.D 3: JEEP Colorado Statu Fleet Management 2010 VEHIClE SPECtACAnoNS DeaJwa Invttation to Bid Body Cod.: M EXPLORER COMMANDER PASS UUL MEDlUM,"XC IS pA..qs) 2: JEEP 4: GRCHEAOKEE page 3 of 3 9/1512009 oeM MODEL': (./7.l> mtM LEVEL: . X G r OEM CODE: /' <l><'J AAVAILABLEOPTtONS: OEM COOEACTUALI COMMENTS PRICE 663 PKG:POlJCE. 4WO MED lffiL(attactvnant) y./W ----------------------------{/.;~ 664 PKG:POUCE'ZWD MED UTl..{atlachment) lIf'1'! 67U AOOITlONAllNSTRUC11ONS ON EXHtBlT A 673 INSURANCe REOUIREMEUTS ON EXHfBrT B 982 EXT WARRANTY -POWER TRAIN 51100.000 AVAILABLE COLORS: Please attach manufacturer cdor chart STANDARD FACTORY WAARAI'ITY (Altoch _i1ed deoclfptIon): -\ MIlES ._1 aum .... to Bumper .$; 000 OPTIONAL FACTORY WAARAI'ITY (AttadJ _;!ed doscription): MILeS EPA FUel RATING: _.......:./...;3=,-_ M.P.G CITY. 60 60 MONrns PRICE _~/...9 ,-__ M.P.GHIGHWAY OEM MINIMUM FUEL RATEO OCTAN=E:_ __. ....!:'g:..£7 ______ _ OEUVERY: /20 DAYS FRot.I DEALER RECEJPT OF OAllEA FROM STATE (E.G. 90 DAYS) IDENTIFY /'oily EXCEPTlONS TO SPECIFICATIONS: /'/6 0 /?" -/9' =M5'-66¥ t'""h= YWZ> Unl/T~ ~E47j, .1",glf?<Je.) t./,~rI.lj/1. C/,,;ft, O"'~ or-*'? <?L!t'eA! -6 1 .... A 5" " I Ve+lMe\ ....J O~\ £"'""'",,,,"'5> MfA: I DEAlER NAME: J:C .... .JI.j. v g""", h,..t; 44 ~,,/'w _ ) DEALER PHONE: f2t>,.5 C 6· .?" .z I • COLOR & TRIM AVAILABILITY Model StylelMaterlil1 Interior Dcscr.p1,on XLT CloIt> XLTSPORT CIoIh Xl T (lea-ther· Trf.,med) Leather EDDIE BAUER """"'" EDDIE BAUER Lea_ CONVENIE~E .... 1lED L"""-Paint Name 0nSe< Cod. Torch Red 0, Sangria R4Id .... 1I1c .IV *Blue Ram. Metallic 52 out< "-" ...... .., ,.. Black Peart Slide ....., 1<: TIl Block UA 1IrMlibt pJatinum Metafl1c TI'koft~ IJG 8ritU.", SitVer UI __l1oIic_ WS 0xI0nI_~ yz Only) CIotti, Iow-bac:k sport tx.dets, ~y power dri'l'Of wi manuaf lumbar and recline, 2-way acfjtS61able head restnllnts ~ Iow-tlad< sport buckets, &way power drMIrwf manuaf ttJmb;y and~. 2-""3Y adl~ hea1 restraints Le<Ither'-trtmmed, low-badc. sportbodwtswlheal1~vray powefdriYef"(If'Id. pcwerllJ'Tlbar & I9Cflne). mafUIf ~r redirle wi maroa! lumbar LesIher-timmed. ~ sport bI.drets WI heat, 1~ jXPI¥e( a1Yer(ind. J)CNIet lImbar & redine}, manual pas:seoger n:cine WI malll.l8l Unbar leJther-trimmed.lOW-bat* sport buckets wi he3t. fQ..way power driYef (m. power I\Jn'ber, redine & memory). 6-way power-passenger wi rnaroaIlumbar Perlorated ~..;Tnmed. klw-back 6PCrt but:kets wi heat. 1~ power drM!r (blcf. pcNff!t bnbor, rectine & _._..-.-_ ............... "'" COLOR OFFERINGS .ClTe SWfTW SW TCize TWfZJN 4C • • • • • • • • • • • • • • (9 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • -. ' • • • • • • • • • • • .W • • • • • • '. • carnd Er'MfCII"lmeft MIh CarneUSand Seats ! Blod: Eo..wntnenl with Bad!. So-. BIaek Seab ¥With CunId h~. -g-Ford Division 2010 State Vehicle Bid PACKAGES Page 4of30 #430 -PACKAGE: OEM TOWING OPTION Anach one copy of this fonn to each body code specification sheet that has an Available Option #430 including the fol/owing body codes: C2,C3,D2,D3,D5,D8,~E3,E4,E8,F2,F3,F4,F8,G3,H3,K1,K2,K3,K5,K6,T1, T4,T5 An instailed OEM TOWING OPTION PACKAGE should Include the following: • Frame mounted receiver h~ch with a class 3(class 4 for Tl) rating that accepts a 2" square receiver • Heavy duty engine cooling • Transmission cooling (automatic only) • Trailer wiring harness • HD tum signal flasher • Handling package (describe: ____ __________ _ • HD battery and Alternator. • Price to include complete installation. • All items to be covered at a minimum by the 3 year 36,000 mne factOI)' warranty Please list additions and/or deletions to your company's OEM TOWING OPTION package from the above listed specs: 53 G Total Price for OEM TOWING PACKAGE: For Body Code: I K -z Total Price for Tl -OEM TOWING PACKAGE: $ LI ________ ---l ._) 2010 State Vehicle Bid PACKAGES Page 7of30 #443 -STROBE UGHT Al\ach one copy of this form to each body code specifICation sheet that has an Available Option #443 induding the following body codes: All C's, D's, E's, Fs G's H's & K"s The STROBE LIGHT PACKAGE must include the folowing: • Roof mount of strobe on truck, van or sport utility vehlde • Dual nash strobe with amber shield • Class 2 light, SAE spec: J1316 or DFS750-A North American Signal spec or equivalent. • Minimum: 15 joules • Minimum of 60 double flashes per minute • Base must be aluminum, not pfastlc. • Switch in cab • Height: between 3 112 Inches to 6 Inches, measured to top of light housing • Warranty: I-year parts and labor • Complete installation with locations as follows: • Location for strobe Ugh! on pickUps: • On the roof of the pickup cab • The light must be centered between the front of the roof and the rear of the rool. • The light must be also centered from one side to the other side of the roof. • location for strobe light on vans and sport utilities: • On the roof Of the van or sport utility • The light must be centered from one side to the other side of the roof • The light must also be two feet from the rear of the roof. list the make and model of strobe that is bid: Make list any addnions and/or deletions 01 your bid from the STROBE LIGHT PACKAGE specs listed above: Total Price for STROBE LIGHT PACKAGE: $1225 For Body Code: I v< ' Z ) ) 2010 State Vehicle Bid PACKAGES Page 26 of 30 #528 -PACKAGE: LIGHT BAR Attach one copy of this fonn to each body code specification sheet that has an Available Option #528 including the folloWing body codes: AS, A7,K2,K7 The LIGHT BAR PACKAGE must include the folloWing: • (Non-OEM) Code 3 Model 2147A • Front -2 red SLED Optix modules on drivers side, 2 red SLED Optix modules on drivers side outboard directional front, 2 red SLED Optix modules on drivers side outboard directional rear, 2 white steady bum 35w halogen in center, 2 blue SLED Optix modules on drivers side, 2 blue SLED Optix modules on drivers side outboard directional front, 2 blue SLED Optix modules on drivers side outboard directional rear. • Rear -1 red LEDX module on drivers side, S directional amber LEDX modules center, 1 blue LEDX module on passenger side. • Model lIT3 mourning system With take dOwn fights. (NA for body code K7) • Code 3 NASL8DC 8 output programmable LED Narrowstick Controller. • Light bar to be delivered in factory shipping box and placed in the trunk of the new vehicle Wihen delivered to Colorado State Patrol Garage (No Installation). • If bidding equal, must have exact configuration of the above light bar to provide unifonn appearance and lunctionafity_ List the make and model 01 LIght Bar that Is bid: L1sl any additions and/or deletions Of your bid from the LIGHT BAR PACKAGE spec's listed above: Total Price for PACKAGE:lIGHT BAR: $ ,I -_(;....lP-=-t{-,--q-,---, For Body Code: 1.... .---,K-,-,_". :2..,--, .-,; 2010 State Vehicle Bid -., PACKAGES Page 28 01 30 #663 -PACKAGE: POLICE 4WD UTILTIY 2010 V-6, Medium-size, 4-<100r, 4 Wheel drive, utility type Special Service Package (UPN) certified patrol vehicle per the following minimum specifications U7[)"1 OOA or equivalent: #664 -PACKAGE: POLICE 2WD UTILITY 2010 V-6, Medium-size, 4--door, 2 Wheel drive, utility type Special Service Package (UPN) certified Datro! vehicle oar the followinc minimum soeclflcations U6[)"100A or equivalent: Air Conditioning: Factory-installed air conditioning -Manual Altemator System: To be equipped w~h an a~emator and regulator system; wilh a minimum amperage output of 130 amps at Idle, 12-volt selfrectified. Battery: Heavy duty maintenance free battery, minimum of 750 CCA Battery Saver: Turns off lights after 30 minutes Block Heater: 'flit Engine Block Heater. Brakes: ABS four-wheel anti-lock brake system with Brake shift Interlock. Cruise Control: Cruise control system with tilt steering wheel. Defroster, Rear Window: Electric rear window defroster I defogger. Differential: Axle. ratio to be approximately 3.55 to t. Door, Rear: Full lift up door with lift up glass. Engine: Engine size of 4.0L V-6 (minimum). Flasher, Headlight: Sound off. INC "Power Pulse" headlight flasher system or approved equivalent. Power wires to be identified and taped, no sw~ch to be Installed. 24' plgtall to be supplied for buyer's Installation. Equipment to be delivered NOT INSTALLED. Flasher, Taillight 'Sound Off, Inc., "Flash Back" 100"10 solid-state taillight I backup light flasher system or equivalent. Equipment to be delivered with vehicle, NQT INSTALLED. Foot Pedals Adjustable gas and brake pedals Floor Covering: Carpeting with matching floor mats Frame: Heavy-<1uty frame. Gauges: Voltmeter, oil pressure, and water temperature and fuel gauges mounted in dash in normal positions. Glass, Tinted: Privacy glass Headlight System: Halogen headlight system. If equipped with daytime running lights system must be able to be de-activated. Light, Accessory: Accessory lights -Under hood lamp, ash tray, glove box, parking brake alert, dome light with swilches on all doors. Locking System: Single key locking system (different key for each vehicle). Locks, Power: Power door locks controlled from driver's and passenger position, rear door handles to remain operational. 'tl-X ) 2010 State Vehicle Bid PACKAGES Page 29 oJ 30 Mirrors, Outside Heated: Radio Interference Suppression Package Radio AMiFM: Seats: Speaker, Police Radio: J( Speedometer: Steering: Tire Pressure Monitoring system: Tires and Wheels: Trailer Tow Package Transmission: Windows, Power: Windshield Wipers: Heated left and rtght outside mirrors, adjustable with remote control. Radio Interference Suppression Package -Bonding straps OEM AMiFM Radio Heavy duty front bucket seats (45/45) made of eijher an cloth or c10thlvinyl combination. The 2'" row seat to be made of vinyl. Third row seat deleted .,.. Auxiliary speakers for hook-up to the police radio. Speakers are to be mounted in the left and right front doors, wiring must be routed to the center of the instrument panel. The speakers must be rated at 6.0 OHM impedance and capable of a minimum of 10 wans of power measured at 1000 Hz. The leads may be dealer installed. Speedometer to be calibrated and certified to be within 2% accuracy at all speeds. Power operated steering system. Tire Pressure Monijoring system. TPMS Sensor tool to be included. Five heavy·duty steel wheels and five Goodyear tires (P235170RI6) OWL all season steel-belted radials. Includes Transmission 011 cooler and heavy duty radiator. Heavy-duty minimum of 5-speed automatic transmission with overdrive. Power windows, driver side lockout Intermittent windshield wiper system. THE WARRANTY IS TO GO INTO EFFECT ON THE DATE THE VEHICLE tS PUT INTO SERVICE, NOT THE PURCHASE DATE OTIIER Please list a description of any additions and/or deletions to your factory's POLICE PACKAGE from the above listed specs or list next to the item directly on the attached sheets described above ,2',u.c! co,''' l,J;',v v /r e ... 1 '-JL'" 0 eM. 0N-"./,~ 41 htftAtQlCf 6'11"hr;, """/19 t::J<!'JII! #9 (;,;.y"'~".M,.J 611"'-.y /....... .e Body Code: .<-2. ' .IJ<!JJr /:"_.,,. ATTACH A COPY OF THIS FORM TO THE "DEALER'S INVITATION TO BID" FOR BODY CODE K2 WHICH HAS OPTION PACKAGE ~and ,664