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Home My WebLink About11/08/2004 p{liYI ); ncJf' (~X1 f \ 6:30 p.m. Pre-Meeting ;\~'~~]'~ ;\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING November 8. 2004 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF October 25, 2004 PROCLAMATIONS AND CEREMONIES Proclamation in Honor of Jaime Alonso Yrastorza CITIZENS' RIGHT TO SPEAK 1 Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2 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 Item 1. Public Hearing on 2005 Budget. Item 2. COUNCIL BILL 20-2004 - AN ORDINANCE CONCERNING ANNEXATION PETITIONS CITY COUNCIL AGENDA. November 8 2004 , Item 3. Page -2- COUNCIL BILL 21-2004 - AN ORDINANCE AMENDING SECTION 24- 51(g) AND ADDING NEW SUBSECTIONS (h) and (i) OF THE CITY OF WHEAT RIDGE CODE OF LAWS CONCERNING LOTS OR PARCELS ZONED FOR AGRICULTURAL OPERATIONS ORDINANCES ON FIRST READING Item 4. COUNCIL BILL 22-2004 - AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS BY AMENDING SECTIONS 5-76, 5-78, 5-79 AND 5-82 TO ADOPT THE 2003 INTERNATIONAL BUILDING CODE WITH AMENDMENTS AND ADOPTING SECTIONS 5-84, 5-85, 5-86 AND 5-87 TO ADOPT THE 2003 INTERNATIONAL ENERGY CONSERVATION CODE, 2003 INTERNATIONAL RESIDENTIAL CODE, 2003 INTERNATIONAL FIRE CODE, AND 2003 INTERNATIONAL FUEL GAS CODE WITH AMENDMENTS DECISIONS. RESOLUTIONS, AND MOTIONS Item 5. Item'6. Item 7. Item 8. RESOLUTION 27-2004 - AUTHORIZING SUBMITTAL OF THE APPLICATION FOR THE 2005 JOINT VENTURE/GRANT PROJECT TO JEFFERSON COUNTY OPEN SPACE - CLEAR CREEK TRAIL REPLACEMENT PHASE III Award of Contract for Founder's Park Sculpture Revision to Council Rules and Procedures regarding Section A. (3), Section A. (4) and Section C Election of Mayor pro-tem and Council President. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO October 25, 2004 Mayor Cerveny called the Regular City Council Meeting to order at 7 00 p m Councilmembers present Karen Adams, Karen Berry, Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, and Mike Stites. Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, City Attorney, Gerald Dahl; Director of Community Development, Alan White, Director of Public Works, Tim Paranto, staff; and interested citizens APPROVAL OF MINUTES OF October 11, 2004 Motion by Mr DiTullio for the approval of the Minutes of October 11, 2004, seconded by Mrs Sang, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny read and presented Proclamations for Polish-American Heritage Month - October 2004 - to Mr & Mrs. Fedorovicz from the St. Martin Society in Wheat Ridge and National Family Literacy Day - November 1,2004 to Mrs Judy Johnson CITIZENS' RIGHT TO SPEAK Charles Durbin presented figures from the 2001 Blight Study from 38th Avenue and Sheridan to Wadsworth Blvd He suggested to get rid of the Urban Renewal Authority and save the City some money Let their revenues go into the City coffers Robert Wallace agreed with Mr Durbin and added that $400,000 has been spent on the failed Walgreen's effort. That would pay the salaries of several Policemen There has to be some accountability for the mistakes of the Urban Renewal Authority ORDINANCES ON FIRST READING Item 1. COUNCIL BILL 20-2004 - AN ORDINANCE CONCERNING ANNEXATION PETITIONS Council Bill 20-2004 was introduced on first reading by Mr DiTullio Motion by Mr DiTullio to approve Council Bill 20-2004 on first reading, order it published, public hearing set for Monday, November 8, 2004 at 7 00 p m in the City Council Chambers, and that it take effect upon adoption at second reading, seconded by Mrs Sang, carried 8-0 CITY COUNCIL MINUTES OCTOBER 25, 2004 Page -2- Item 2. COUNCIL BILL 21-2004 - AN ORDINANCE AMENDING SECTION 24- 51 (g) AND ADDING NEW SUBSECTIONS (h) and (i) OF THE CITY OF WHEAT RIDGE CODE OF LAWS CONCERNING LOTS OR PARCELS ZONED FOR AGRICULTURAL OPERATIONS Council Bill 21-2004 was introduced on first reading by Mr Stites Motion by Mr Stites to approve Council Bill 21-2004 on first reading, order it published, public hearing be set for Monday, November 8, 2004 at 7 00 P m in the City Council Chambers, and that it take effect 15 days after final publication, seconded by Mrs Sang, carried 8-0 DECISIONS. RESOLUTIONS, AND MOTIONS Item 3. MOTION TO INCREASE THE AUTHORIZED STAFFING LEVEL FOR SALES TAX AUDITOR FROM 1 0 FULL-TIME EQUIVALENT (FTE) TO 2.0 FTE'S IN THE SALES TAX DIVISION OF THE ADMINISTRATIVE SERVICES DEPARTMENT (CONTINUED FROM OCTOBER 11, 2004) Mr Schulz introduced Item 3, Pamela Anderson read the executive summary Motion by Mr. Schulz to increase the authorized staffing level for Sales Tax Auditor from 1 0 FTE to 2 0 FTE's, effective immediately; seconded by Mrs. Rotola, carried 6-2 with Mr Gokey and Mr DiTullio voting no Item 4. Appointment to CML Policy Committee Motion by Mrs Sang to appoint Karen Berry to the CML Policy Committee effectively immediately; seconded by Mrs Rotola and Mr Gokey; carried 8-0 ELECTED OFFICIALS' MATTERS Mayor Cerveny expressed her condolences to the family of Mackenzie Kingry She announced that Kathy Nuanes, a Wheat Ridge resident and member of our Housing Authority, would be recognized at the "Celebrate Women" breakfast on Friday, November 19 Pamela Anderson reminded people that early voting is available at 20th & Wadsworth If citizens need to know where to vote, they can call the City Clerk's Office at 303-235- 2816 Wanda Sang wants the record to reflect that submitted in writing in the Agenda Packet are Proposed Council Rule changes for consideration at the next meeting, as required by the Council Rules Dean Gokey wants to say a few words about our business community and how they support our seniors He was down at the spaghetti dinner and the business community stepped up and supported it in record numbers It's just heart warming to see the businesses shifting toward helping the seniors CITY COUNCIL MINUTES OCTOBER 25, 2004 Page -3- Karen Berry announced that we will be holding a combined District I and II First Monday meeting in November and they would like everyone to come She thanked everyone who worked so hard for the spaghetti dinner and making it such a wonderful time Jerry DiTullio stated that the Housing Authority would be closing their third project on Thursday He doesn't want to be re-appointed to the 38th Avenue Business District because he will be busy with the Housing Authority Lena Rotola also thanked the Senior Center for the wonderful Italian dinner District IV will hold a joint First Monday meeting with District III, it will be at the Rec Center. Larry Schulz reported on the Polish-American Month banquet he and his wife attended on Saturday He addressed the literacy deficiencies in our society, which lead to social and other problems, including the type of thing that happened this weekend in Wheat Ridge We all need to be conscientious of the value of reading Congratulations to anyone who is promoting that issue He also enjoyed the spaghetti dinner Mike Stites invited everyone to the Monday District Meeting Meeting adjourned at 7.30 p m APPROVED BY CITY COUNCIL ON NOVEMBER 8, 2004 BY A VOTE OF to Wanda Sang, Council President The preceding Minutes were prepared according to 947 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 Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions PROCLAMATION IN HONOR OF JAIME ALONSO YRASTORZA WHEREAS, Jaime Alonso Yrastorza founded the nonprofit humanitarian organization, Uplift Internationale, in 1989, whose aim is to provide reparative care to children of indigent families with facial deformities, in rural Philippines, and WHEREAS, Organized annually, the Mission Team of self-funded healthcare professionals and support personnel who have hailed from many States and Countries such as Australia, England and Belgium, in addition to those from Colorado, has benefited up to 70 children through the project titled Operation Taghoy; and WHEREAS, Jaime Alonso Yrastorza is a member of the Rotary Club of Wheat Ridge, and his contributions have earned him awards by the American Dental Association, the Metropolitan Denver Dental Society, the Rotary International, the National Federation of American-Filipino Associations of America and the Exempla Lutheran Medical Center; and WHEREAS, this is the 15th Anniversary of Uplift Internationale NOW, THEREFORE, the Mayor and City Council for the City of Wheat Ridge, Colorado, do hereby recognize and applaud Jaime Alonso Yrastorza for his demonstration of outstanding personal achievement and congratulate him on 15 years of dedication to Uplift Internationale Organization IN WITNESS WHEREOF, I have hereunto set my hand and Seal of the City of Wheat Ridge this 8th day of November 2004 Gretchen Cerveny, Mayor Pam Anderson, City Clerk ITEM NO: ~ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: November 8, 2004 TITLE: PUBLIC HEARING ON THE PROPOSED 2005 BUDGET ~ PUBLIC HEARlNG o BIDSIMOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: _) o ORDINANCES FOR 2ND READING o Yes [gj No Quasi-Judicial: Ciry~~ EXECUTIVE SUMMARY: Sections lO.7 and 10.9 of the Wheat Ridge Ciry Code require that a public hearing on the proposed budget be held before its final adoption and that the budget be adopted by resolution on or before the final day (December 15, 2004) established by statute for the certification ofthe next year's tax levy to the counry. A public hearing has been scheduled for the November 8, 2004 Ciry Council meeting to receive input from citizens on the budget. Adoption of the 2005 Budget has been scheduled for the November 22, 2004 City Council meeting. The proposed 2005 Budget includes $19,160,414 in expenses in the General Fund, not including transfers, $3,525,000 in expenses in the Capital Investment Program (CIP) Fund and $3,972,778 in expenses in the Special Revenue Funds, not mcluding transfers, for a total budget of $26,658,192. COMMISSION/BOARD RECOMMENDATION: None ST A TEMENT OF THE ISSUES: The 2005 budget process started in March of2004 WIth a budget planning meeting and a Ciry Council budget goal setting retreat. In July, CIty Council held a strategic planning retreat to develop a vision for Wheat Ridge and goals to meet that vision. The Wheat Ridge Vision 2020 is, Wheat Ridge is a Family Oriented Residential Commumty with a range of Quality Homes, mixed use Urban Villages and Quality Retail serving our residents and serving as umque regional destinations. Our residents have Great Access to Denver and the mountams, enjoy an Active Lifestyle, share Small-Town Values and take Pride in Our Community Wheat Ridge - A Great Place to Live! Wheat Ridge's goals for 2009 are. I. Creating a Sustamable City Government 2. City Prepared for Growth and Opportunities 3. Strong Partnership between City and Community 4. 1-70 Corridor as a Major Commercial Center 5. Better Quality Housing Stock 6. Redevelopment of Wheat Ridge City Center 7. More Leisure Amenities for Families In July and again in August, City Council held a public meeting to allow citizens to provide input on the budget. The proposed 2005 Budget was distributed to City Council and made available to the public on October l6th. On October 23rd, staff presented the proposed 2005 Budget to City Council at a budget retreat. A public hearing is scheduled for the November 8, 2004 City Council meeting and adoption of the 2005 Budget is scheduled for November 22, 2004. AL TERNA TIVES CONSIDERED: None FINANCIAL IMPACT: None RECOMMENDED MOTION: None Report Prepared by' Reviewed by: Patrick Goff, Administrative Services Duector Randy Young, City Manager Attachments: 1 Budget Summary by Fund 0411082005 Budget Public Hearing Revenues & Expenditures Summary Budget Summary By Fund BUDGET SUMMARY BY FUND Beginning Fund<; Fund Balance + Revenues Expenses Balance Awilable (1/l/05) (12/31/05) Operating Fund<; General $5,674,453 + $20,931,070 $26,605,523 $22,160,414 ~ $4,445,109 Total Operating Fund<; $5,674,453 + $20,931,070 $26,605,523 $22,160,414 ~ $4,445,109 Fund Balance Percentage 20.1% Capital Fund<; Capital Improvement Program $2,065,578 + $3,270,000 $5,335,578 $3,525,000 $1,810,578 Total Capital Fund<; $2,065,578 + $3,270,000 $5,335,578 $3,525,000 $1,810,578 Special Revenue Fund<; Police Investigation $49,423 + $5,250 $54,673 $50,000 $4,673 Open Space $212,651 + $1,081,000 $1,293,651 $1,177,650 $116,001 Municipal Court $48,703 + $49,000 $97,703 $74,600 $23,103 Richards Hart Estate $52,952 + $36,800 ~ $89,752 - $35,000 ~ $54,752 Senior $19,271 + $14,500 = $33,771 - $27 ,850 ~ $5,921 Conservation Trust $267,145 + $333,000 ~ $600,145 - $495,000 ~ $105,145 HoteVMotel $171,457 + $221,000 ~ $392,457 - $338, 728 ~ $53,729 Recreation Center Operations $2,462,356 + $2,159,894 = $4,622,250 - $2,353,600 ~ $2,268,650 Total Special Re.enue Fund<; $3,283,958 + $3,900,444 ~ $7,184,402 - $4,552,428 = $2,631,974 Total Operating Fund<; $5,674,453 + $20,931,070 $26,605,523 $22,160,414 $4,445,109 Total Capital Fund<; $2,065,578 + $3,270,000 $5,335,578 $3,525,000 $1,810,578 Total Special Revenue Fund<; $3,283,958 + $3,900,444 $7,184,402 - $4,552,428 $2,631,974 (Less Transfers) $0 + ($3,579,650) ($3,579,650) ($3,579,650) $0 GRAND TOTAL 2004 $11,023,989 + $24,521,864 = $35,545,853 - $26,658,192 $8,887,661 ATTACHMENT 1 45 ITEM NO: ~. REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: November 8, 2004 i3~Y TITLE: COUNCIL BILL 20-2004 - AN ORDINANCE CONCERNING ANNEXATION PETITIONS ~ PUBLIC HEARING o BIDSfMOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:) ~ ORDINANCES FOR 2ND READING Quasi-Judicial: 0 ~ Yes No ,,~~ City Attorney EXECUTIVE SUMMARY: Currently, the municipal annexation act, 31-12-101, ct. seq.. governs the procedure and requirements for annexation of territory to municipalities. The statute provides that once an annexation petition that has been submitted by property owners is resolved to be found in compliance by City Council, the Council must set a public hearing which must take place not sooner than 30 day nor greater than 60 days following the adoption of the resolution. Council Bill 20-2004 will provide that Council shall take one of three actions upon receipt of an annexation petition: (1) find the petition is in compliance with the statute and set a public hearing, (2) table the petition for not more than six months, or (3) reject the petition. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The current procedures and requirements for annexation cause some practical timing difficulties because most annexations are also accompanied by an application for approval of a zoning plan and review of the zoning plan and ordinance. Often the approval and review takes longer than 60 days, therefore the required annexation public hearing is held before the zoning ordinance is ready for consideration. In these cases, City Council is required to publish notice and hold the public hearing only to immediately continue the hearing. This causes confusion and fiustration for the public who attend the annexation hearing to be notified to return for public comment at a later date. The ordinance addresses tills by allowing the Council the additional option of tabling an annexation petition while the parallel zoning application is moving forward. This will enable both the zorung ordinance and the annexation ordinance to be considered at the same public hearing. AL TERNA TIVES CONSIDERED: Do not adopt the ordinance; this will require the practice of contInuing the annexation hearing from time to time while the zoning application is processed. FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "I move to approve Council Bill 20-2004, An Ordinance Concerning Annexation Petitions, on second reading, and that it take effect upon adoption at second reading." or, "I move to table indefinitely Council Bill 20-2004, An Ordinance Concerning Annexation Petitions for the following reason(s) " Report Prepared by' Gerald Dahl, City Attorney (303) 376-5019 Reviewed by' Randy Young, City Manager Attachments: 1 October 12, 2004 Memorandum from City Attorney 2. Council Bil120-2004, An Ordinance Concerning Annexation Petitions 041108 Ordinance Concerning Annexation Petitions [I GORSUCH KIRGIS LLP ATTORN EYS AT LAW MEMORANDUM TO: Mayor & Council FROM: Gerald E Dahl, City Attorney DATE: October 12, 2004 RE: Ordinance concerning annexation petitions This ordinance addresses a specific timing problem created by the annexation statutes The municipal annexation act, 31-12-101, et seq, generally governs the procedure and requirements for annexation of territory to municipalities in Colorado The statute requires that owners of property wishing to annex to the City must submit a petition which is referred directly to the City Council for action The statute goes on to provide that upon receipt of the petition, the Council may determine that it appears to be in substantial compliance with the law and set a public hearing, or find the petition not in compliance with the law and reject it. If the Council takes the second option, the petition is not further considered and the matter is at an end The timing problem arises because the statute provides that, as a part of any resolution finding substantial compliance, the Council must also set a public hearing which must take place no sooner than 30 days nor greater than 60 days following the date of adoption of that resolution In practice this causes difficulty because most annexations are also accompanied by an application for approval of a zoning plan for the property, and review of the zoning plan (and accompanying zoning ordinance) takes longer than 60 days This means that often the required annexation public hearing is held before the zoning ordiance is ready for consideration at second reading public hearing This places the Council in the position of having to open the annexation hearing and immediately continue it to a later date, when the zoning plan and ordinance are ready for second reading public hearing. Doing this is confusing and frustrating for the public, which is encouraged to attend the annexation hearing, only to learn that hearing will be postponed until a later date, when the zoning plan will be available The attached ordinance addresses this propblem by giving the Council a third option to table the annexation petition without taking any action on it for a period of up to six months. This gives the annexation petitioner time necessary to submit and have a zoning plan reviewed and a zoning ordinance brought forward, such that the GED\53027\486605,1 ATTACHMENT 1 annexation hearing can be held at the same time as the zoning ordinance public hearing The City has authority to add this procedure as a home rule municipality acting under Article XX of the Colorado Constitution Annexation, as a land use matter, is "local and municipal," a topic upon which City Councils in home rule municipalities may legislate in addition to the statutes. Approval is recommended GED\53027\486605 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTullio Council Bill No 20-2004 Ordinance No Series of 2004 TITLE. AN ORDINANCE CONCERNING ANNEXATION PETITIONS WHEREAS, the City Council of the City of Wheat Ridge, Colorado is authorized pursuant to C RS S 36-12-1-1 et seq to consider and act upon petitions for annexation of real property into the City; and WHEREAS, the Council, as the governing body of a home rule municipality under Article XX of the Colorado Constitution, has authority to enact ordinances concerning local and municipal matters; and WHEREAS, the Council wishes to provide a procedure for the acceptance of annexation petitions by the Council NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO. Section 1. Title 2 of the Wheat Ridge Code of Laws is hereby amended by the adoption of a new Article III, entitled "Annexation," to read. ARTICLE III ANNEXATION Sec. 2-71 Annexation procedure. All petitions for annexation to the City shall comply with the requirements of the Colorado Revised Statutes governing the municipal annexation of land Upon receipt of a complete petition for annexation, the same shall be forwarded to the Council. The Council shall take one of the following actions' (1) Adopt a resolution finding the petition to be in substantial compliance with Section 31- 12-107(c), C RS and setting a public hearing thereon pursuant to Section 31-12- 108, C RS, or GED\53027\486570,1 ATTACHMENT 2 (2) Table the petition for a period of time not to exceed one hundred eighty (180) days during which period the petitioner shall be permitted to apply for zoning approval; or (3) Adopt a resolution finding the petition not to be in substantial compliance with the requirements of Section 31-12-107(1), C R.S. and terminating annexation proceedings 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 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 upon adoption at second reading as permitted by the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to o on this 25th day of October, 2004, 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 November 8, 2004, at 7'00 o'clock pm, 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 , 2004 GED\53027\486570,1 SIGNED by the Mayor on this day of ,2004. Gretchen Cerveny, Mayor ATTEST Pamela Anderson, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication October 28, 2004 Second Publication' Wheat Ridge Transcript Effective Date. GED\53027\486570,1 ITEM NO: :3 I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: November 8, 2004 ~-~ .- I,/~~ TITLE: COUNCIL BILL 21-2004 - AN ORDINANCE AMENDING SECTION 24-51(g) AND ADDING NEW SUBSECTIONS (h) AND (i) OF THE CITY OF WHEAT RIDGE CODE OF LAWS CONCERNING LOTS OR PARCELS ZONED FOR AGRICULTURAL OPERATIONS o PUBLIC HEARING D BlDSIMOTIONS D RESOLUTIONS D ORDINANCES FOR 1 ST READING (Date:) o ORDINANCES FOR 2ND READING Quasi-Judicial. D Yes o No City~4 City Attorney EXECUTIVE SUMMARY: Amends the City' s "Weeds and Tall Grass Ordmance" to exempt parcels larger than 5 acres, which are used for agricultural operations. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: There are some propertIes within the City that are used for agricultural operations but do not have agricultural zoning. These parcels (iflarger than l2,500 square feet) are currently subject to the weed ordinance requirement of mowing. ALTERNATIVES CONSIDERED: Do not adopt the ordmance, continue to enforce the ordinance as written. FINANCIAL IMP ACT: N/A RECOMMENDED MOTION: "I move to approve Council BI1I2l-2004, An Ordinance Amending Section 24-5l (g) and Addmg New Subsections (h) and (i) of the City of Wheat Ridge Code of Laws Concerning Lots or Parcels Zoned for Agncultural Operations, on second readmg, and that it take effect l5 days after final publIcatIon." or, "I move to table indefinitely Council Bill 21-2004, An Ordinance Amending Section 24-51(g) and Adding New Subsections (h) and (i) of the City of Wheat Ridge Code of Laws Concerning Lots or Parcels Zoned for Agricultural Operations for the following reason(s) " Report Prepared by: Gerald Dahl, City Attorney (303) 376-50l9 Reviewed by: Randy Young, CIty Manager Attachments: l. CouncIl Bill 2l-2004, An Ordinance Concerning Annexation Petitions -' 041025 Ordinance Amending Section 2451 V \L C ~ CSt \[1 i~ tle: ~Yo ~\ ~ ul Lll Ii \" i 'v! Cj \ \ \ " ,I ~ , \ \'- _ -"'--- '\ 'J I ~ '-- ~ ;1y i I CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 21-2004 Ordinance No Series of 2004 TITLE: AN ORDINANCE AMENDING SECTION 24-51 (g) AND ADDING NEW SUBSECTIONS (h) and (i) OF THE CITY OF WHEAT RIDGE CODE OF LAWS CONCERNING LOTS OR PARCELS ZONED FOR AGRICULTURAL OPERATIONS WHEREAS, the City Council of the City of Wheat Ridge, Colorado desires to amend the Code of Laws pertaining to lots or parcels zoned for agricultural operations. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 24-51(g) of the Wheat Ridge Code of Laws is hereby amended, and new subsections (h) and (i) are added, to read as follows (g) This section shall not apply to: a propertios lots or parcels zoned for and also used for agricultural purposes operations, or D ^ _ I /'1. I 525 0 r::. ~rA C'1-\2. -~ t b. lots or parcels larger than t2,~g@-cqu3ro feot RVE -ACneO, under a single ownership, used for the growing and harvesting of agricultural crops, regardless of the zoning of the lots or parcels.. The city m3Y pursue the remodies set forth heroin with or without also filing 3 compl3int in the municipal court, at the city's sole discretion. (h) THE CITY MAY PURSUE THE REMEDIES SET FORTH HEREIN WITH OR WITHOUT ALSO FILING A COMPLAINT IN THE MUNICIPAL COURT, AT THE CITY'S SOLE DISCRETION. (i) FOR THE PURPOSE OF THIS SECTION, THE FOLLOWING TERMS SHALL BE DEFINED' Agricultural code. Cultivated grain and non-grain plants grown for ermlFH(Fr ,nl:food or fiber, including vegetables, fruits, nuts, and nursery plants GED\53027\4876701 ATTACHMENT 1 Agricultural operation. A purpose related to the production, harvest, exhibition, mar!(ctiAg, 'transportl:ltioA,. processing or manufacture of agricultural products by a natural person who cultivates, plants, propagates or nurtures the agricultural products. 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 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 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 , 2004, 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 , 2004, at 7.00 o'clock pm, 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 , 2004 SIGNED by the Mayor on this day of ,2004 Gretchen Cerveny, Mayor ATTEST Pamela Anderson, City Clerk GED\53027\487670 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Stites Council Bill No. 21-2004 Ordinance No. Series of 2004 TITLE' AN ORDINANCE AMENDING SECTION 24-51 (g) AND ADDING NEW SUBSECTIONS (h) and (i) OF THE CITY OF WHEAT RIDGE CODE OF LAWS CONCERNING LOTS OR PARCELS ZONED FOR AGRICULTURAL OPERATIONS WHEREAS, the City Council of the City of Wheat Ridge, Colorado desires to amend the Code of Laws pertaining to lots or parcels zoned for agricultural operations. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO' Section 1. Section 24-51 (g) of the Wheat Ridge Code of Laws IS hereby amended, and new subsections (h) and (i) are added, to read as follows: (g) This section shall not apply to. a. proportioc lots or parcels zoned for and also used for agricultural purpOCOD operations, or b. lots or parcels larger than 12,500 cquaro foot FIVE ACRES, under a single ownership, used for the growing and harvesting of agricultural crops, regardless of the zoning of the lots or parcels +Ae city m~y PUrDUO tho romodioD cot forth heroin with or .....ithout 01 co filing a complaint in tho municipal court, ~t tho city'c Dolo diccrotion. (h) THE CITY MAY PURSUE THE REMEDIES SET FORTH HEREIN WITH OR WITHOUT ALSO FILING A COMPLAINT IN THE MUNICIPAL COURT, AT THE CITY'S SOLE DISCRETION. (i) FOR THE PURPOSE OF THIS SECTION, THE FOLLOWING TERMS SHALL BE DEFINED: Agricultural crop. Cultivated grain and non-grain plants grown for commercial food or fiber, including vegetables, frUitS, nuts, and nursery plants. GED\53027\487670 1 ATTACHMENT 1 Agriculturaloperation A purpose related to the production, harvest, exhibition, marketing, transportation, processing or manufacture of agricultural products by a natural person who cultivates, plants, propagates or nurtures the agricultural products. 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 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 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 25th day of October , 2004, 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 November 8 , 2004, 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 , 2004 SIGNED by the Mayor on this day of ,2004 Gretchen Cerveny, Mayor ATTEST' Pamela Anderson, City Clerk GED\530271487670,1 First Publication October 28, 2004 Second Publication Wheat Ridge Transcript Effective Date. GED\53027\487670 1 Approved As To Form Gerald E. Dahl, City Attorney ...~' ~H[Ar 1'/ ~ 0 _ C> u ~I I / '~ ITEM NO ~ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE, November 8, 2004 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS BY AMENDING SECTIONS 5-76, 5-78, 5-79 AND 5-8210 ADOPT THE 2003 INTERNATIONAL CODES WITH AMENDMENTS AND ADOPTING SECTIONS 5-84, 5-85, 5-86 AND 5-87 TO ADOPT THE 2003 INTERNATIONAL ENERGY CONSERVATION CODE, 2003 INTERNATIONAL RESIDENTIAL CODE, 2003 INTERNATIONAL FIRE CODE, AND 2003 INTERNATIONAL FUEL GAS CODE WITH AMENDMENTS. o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS L8J ORDINANCES FOR 1ST READING (Date November 8, 2004) o ORDINANCES FOR 2ND READING Quasi-Judicial o Yes L8J No ~~ City ~c:L)~ Commumty Development Director EXECUTIVE SUMMARY: This ordmance adopts the 2003 International Buildmg Codes. The city currently uses the 1997 Uniform Bmldmg Codes and the 2002 National Electnc Code. Code groups throughout the county have Jomed together to form the International Code Council. This Code Council has produced the International Codes which are proposed for adoption. This code edition and ItS amendments were reviewed and recommended for adoptIOn by the Bmldmg Code AdVISOry Board. BOARD/COMMISSION RECOMMENDATION: The Bmldmg Code AdVISOry Board has reViewed and recommended for adoptIOn the proposed code edition and amendments, The Building Department also brought forward the future codes for comment at the first annual contractors meetmg m September There were no objectIOns from the contractors that were present. STATEMENT OF THE ISSUES: This code IS bemg adopted to ensure mmimum requirements to safeguard the public safety, health and general welfare, through affordabllity, structural strength, means of egress faCilities, stability, sanitation, light and ventilatIOn, energy conservation and safety to life and property from fire and other hazards attributed to the built environment. The City of Wheat Ridge IS the last junsdlctlOn m Jefferson County to adopt the 2003 InternatIOnal Buildmg Codes. AL TERNA TlVES CONSIDERED: Do not adopt the new codes. FINANCIAL IMPACT: There will be no finanCial Impact to the City by adopting this code editIOn. RECOMMENDED MOTION: "I move to approve Council Bill No 22-2004, an ordmance adoptmg the 2003 InternatIOnal Codes With Amendments on first reading, ordered published, public heanng set for December 13, 2004, at 7 00 PM m the City CounCil Chambers, and that It take effect l5 days after final publicatIOn." Or, "I move to table indefimtely Council Bill No. 22 -2004, an ordmance adoptmg the 2003 InternatIOnal Codes with Amendments." Report Prepared by' Chad Root, 303-235-2853 ReViewed by' Alan White Attachments. I Memo to Council from Chad Root, Chief BUlldmg OffiCial 2. Council Bill No 22 -2004 CouncilActionform 2 ._...__. __..___.:~;;;.7"':-::;;-.-'::::=::'---=--~___..-:"'===";.=.:;;~=- CITY COUNCIL MEMORANDUM TO: FROM: SUBJECT: DATE: CC: COUNCIL ~1EMBERS CHAD ROOT, BCILDING OFFICIAL ADOPTION OF 2003 INTERNATIONAL BCILDING CODES OCTOBER 11,2004 ALAN WHITE, RA..NDY YOl'NG Dear Council Members; The BuildIng Department IS planrnng to adopt the 2003 Intemauonal BuildIng Codes from the Internauonal Code Council (ICC) wruch illcludes the 2003 Internauonal Resldenual Code, 2003 Intemauonal Property Mailltenance Code, 2003 Internauonal Builchng Code, 2003 Internauonal Mecharncal Code, 2003 Intemauonal Plumbillg Code, 2003 Internauonal Fire Code, 2003 Internauonal Property Mailltenance Code, 2003 Internauonal Fuel Gas Code, 2003 Internauonal Energy Conservauon Code/Cltv of Wheat R1dge Prescnpuve Energy Code and the City of \Xiheat R1dge Mimmum Foundauon standards. Currently the Cltv IS under the 1997 U rnform BuildIng Code (UBC) Why IS the City not adopung a newer verSIOn of the l.'rnform BuildIng Code? In 2000 the Umform BuildIng Code (UBC) JOilled forces with Builchng OffiCIal and Code ;\dmilllstrators (BOCA) and the Southern BuildIng Code Congress Internauonal (SBCCI) wruch were the three largest code groups ill the Umted States. These code groups combilled to form the Intemauonal Code Council (ICC), also known as the I-codes. In 2004, the Builchng Department researched the Idea for adopuon of a City of \X'heat R1dge foundauon standard. Currently, there are no standards for foundauon rebar or footer wIdth ill the MurnClpal Code. ThIs vacancy of standards could result ill foundauons beillg desIgned by an engrneer or arcrutect wIth lIttle knowledge of the soil typeS ill ',X'heat R1dge. The end results, ill such cases would be settlIng, crackIng, and sillkIng foundauons that future homeowner would have to deal \nth. The illtent of thIs proposed standard for foundauons IS to gIye the contractors a ll1l11l1TIum standard foundauon heIght, wIth a rmmmum amount of rebar placed ill both the footer and stem wall. The standard foundauon detail will help the homeowner and contractor better bId out thelt resldenual project, and will help protect the future reSidence ill Wheat R1dge from costly foundauon problem. Engrneenng will still be reqwred on new consttucuon of resldenual homes. As the City BuildIng Official I have seen numerous foundanon plans stamped bv several Colorado lIcensed engrneers that have cracked and subsided, wruch has put burden on present and future homeowners ill the City The ll1l11l1TIum foundauon standard reqwres a ATTACHMENT 1 rmmmal amount of rebar ill all res1dentJ.al foundatJ.ons, unless the hcensed engmeer reqUltes adchtJ.onal rebar. The rebar helps control crackmg and foundauon movement. The Builchng Department 1S giVillg the pubhc the opuon to use one of two energy codes, E1ther the 2003 Energy Consernt:1On Code bv (ICC) or they may use the Cm' of Wheat fudge Prescnpuye Energy Code Energy pnces are gomg to contlnue to l11crease. Most of the fuels that we use to produce power are from non-renewable resources wluch are beconung more scarce and expensn-e. On the back I have illcluded Attachment A, Attachment A 1S a hst of amendments to the 2003 Internauonal Builchng Codes. The Builchng Department encourages growth ill the C1ty of Wheat fudge, while creatlng a Quallt:y Built Commumty Standard where res1dents won't have to worry about foundauon and structural problems or exorb1tant fuel bills, If vou have anv quesuons please feel free to give me a call at 303-235-2853 INTRODUCED BY COUNCIL MEMBER Council Bill No. 22-2004 Ordinance No. Series of 2004 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS BY AMENDING SECTIONS 5-76, 5-78, 5-79 AND 5- 82 TO ADOPT THE 2003 INTERNATIONAL CODES WITH AMENDMENTS AND ADOPTING SECTIONS 5-84, 5-85, 5-86 AND 5-87 TO ADOPT THE 2003 INTERNATIONAL ENERGY CONSERVATION CODE, 2003 INTERNATIONAL RESIDENTIAL CODE, 2003 INTERNATIONAL FIRE CODE, AND 2003 INTERNATIONAL FUEL GAS CODE WITH AMENDMENTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT Section 1. The 2003lntematlOnal BUIlding Code IS hereby adopted as Section 5-76 of Article III of Chapter 5 (Buildings and Building RegulatIOns) with the following amendments. Sec. 5.76. Building Code. CHAPTER 1 ADMINISTRA TION SECTION 101 GENERAL Change section 101.1 to read as follows 101.1 TITLE. These regulations shall be known as the International Building Code of the City of Wheat RIdge, heremafter referred to as "thIS code." Change section 101.2 to read as follows: 101.2 Scope. The provisions of this code shall apply to the constructIOn, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, locatIOn, maintenance, removal and demolItIon of every bUlldmg or structure or any appurtenances connected or attached to such bUlldmgs or structures. Exception: Detached one- and two-family dwellings and multiple single-famIly dwellings (townhouses) not more than three stones high with separate means of egress and their accessory structures shall comply with the International Residential Code. Change section 101.4 to read as follows.' ATTACHMENT 2 101.4 Referenced codes. The other codes lIsted In Sections lO1.4.l through 101.4.10 and referenced elsewhere m this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Change section 101.4.7 to read as follows: 101.4.7 Energy. The provisions of the International Energy Conservation Code shall apply to all matters govemmg the design and construction of bUlldmgs for energy effiCiency as designed by a licensed engineer, unless the bUilding or structure is built to the City of Wheat Ridge's Prescnptlve Energy Code for multI-family and commercial buildings. Add a new subsection 101.4.8 to read as follows: 101.4.8 Residential. The proVIsions of the International Residential Code Shall apply to the construction, alteratIOn, movement, enlargement, replacement, repair, eqUipment, use and occupancy, location, removal and demolition of detached one - and two famIly dwellings and multiple single-family dwellIngs (townhouses) not more than three stories m height with separate means of egress and their accessory structures. Add a new subsection 101.4.9 to read as follows: 101.4.9 Uniform Housing Code. The provisIOns of the 1997 Unifoml Housing Code shall apply to the use, occupancy, location and maIntenance of all residentIal bUildings wIthm thIS junsdiction. Add a new subsection 101.4.10 to read asfollows: 101.4.10 Uniform Code for the Abatement of Dangerous Buildings. The proVIsions of the 1997 Uniform Code for the Abatement of Dangerous Buildings shall apply to any bUilding or structure which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants shall be required to be repaired, vacated or demolished. This code shall be applIcable to all buildIngs and structures bUilt in the CIty of Wheat RIdge. SECTION 104 DUTIES AND POWERS OF BUILDING OFFICIAL Change section 104.6 to read as follows: 104.6 Right of Entry. When the bUildIng official or hIS authorized representative has reasonable cause to belIeve that a violation of this code IS lIkely to exist In a structure or upon a premises and that entry into the structure or upon the premises IS necessary to venfy the violation, the bUilding offiCIal or hIS authorized representative shall first make a reasonable effort to locate the owner or other person havmg charge or control of the structure, or premises, or portion thereof deSired to be mspected, and request consent to enter and Inspect. If such person cannot be located or if entry is refused, the building official or hiS authorized representative may seek entry by submItting a sworn affidaVIt to the proper court of junsdiction, setting forth facts suffiCIent to 2 support a reasonable belief that the vIOlatIOn is likely to eXIst, and that further investigation of the structure or premIses is warranted. Any subsequent entry and inspection shall be conducted In accordance WIth an admInIstrative search warrant if Issued by the court. The foregoing provisions of this subsection not withstanding, consent to enter or admimstrative search warrant shall not be required In the following circumstances: 1. To conduct mspections during regular business hours under an applied for or issued buIlding permit, for work authorized under that perrrut prior to the issuance of a final CertIficate of Occupancy; 2. To make observatIOns of the structure or premIses in plain view from public property or from portIOns of the structure or premises which are open or accessIble to the public, or in which the owner or occupant otherwise lacks a reasonable expectation of privacy; or 3 In emergency sItuations in whIch the building official or his authorized representative has reason to believe that the public health or safety is in imminent danger and could be Jeopardized by any delay in securing entry Add a new subsection 104.12 as follows: 104.12 Cooperation of other officials and officers. The bUlldmg offiCIal may request, and shall receive, the assIstance and cooperation of other officials of this jurisdiction so far as is required in the discharge of the duties required by this code or other pertInent law or ordInance SECTION 105 PERMITS Change section 105.3.2 to read as follows: 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 90 days after the date of filing, unless such application has been pursued in good fmth or a permit has been issued; except that the building officIal IS authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justIfiable cause demonstrated. SECTION 106 CONSTRUCTION DOCUMENTS Add a new subsection 106.2.1 asfollows: 106.2.1 Site Plans in Hillside Areas. When a building site is located in a hillside area and, in the opInIOn of the bUIlding official, is located in an area subject to geologic hazards, the bUIlding official may require that a detailed sIte plan be submitted as a prerequiSIte to the Issuance of a building permit. Such site plans, when reqUIred, shall be prepared by an architect or a CIvil engIneer, and shall be based on an accurate topographic map prepared by a land surveyor. The sIte plans shall bear the seal and signature of a State of Colorado licensed architect or civIl engIneer, and the land surveyor The topographic map shall encompass the building site and shall be drafted at a scale no smaller than 1 inch IS equal to 20 feet 0'240) and at a contour mterval less than or equal to two (2) feet. Such sIte plans, at a mmlmum, shall show. 3 1 A grading plan showmg existmg and proposed contour lines reflecting the proposed grading as well as the locatIOns and pertinent elevations of fimshed floors of all structures, basements, dnveways, level areas, septic disposal fields and retainmg walls. 2. The locations of all water wells (whether on site or off) within 250 feet of any septic disposal field. 3. All property lines within 100 feet of the buildmg site. 4 Setbacks of cut slopes, fill slopes, retaining walls and structures site and drafted at equal horizontal and vertical levels. 5 At least one cntical cross section oriented through the structural site and drafted at equal horizontal and vertical levels. Add a new subsection 106.2.2 asfollows: 106.2.2 Water and Sanitation Requirements. Every building or additIOn thereto shall be proVided with water and sanitatIOn facilities m accordance with the provisions of thiS code Water supplies and sewage facilities shall be m conformance with regulations and requirements of the City of Wheat Ridge's Mumcipal Code, Colorado Department of Health and the Colorado Division of Water Resources Office or any supplier recognized thereby. When applicable, evidence of same shall be submitted to the buildmg official pnor to the issuance of the bUilding permit. Add a new subsection 106.4.1 as follows: 106.4.1 Approval of construction documents. The Building Department shall receive three (3) sets of plans. When the building official Issues a permit, the construction documents shall be approved, m writmg or by stamp, as "Approved." And shall have the Building OffiCials signature on the document and the stamp shall also state, Validity of Perrmt: The Issuance of a permit or approval of plans, specifications and computations shall not be a permit for, or an approval of, any VIOlation of any of the proviSIOns of the buildmg code or any other ordinance of the City Permits presurrung to give authority to VIOlate or cancel the provisions of the building codes or other ordinances of the City shall not be valid." One set of construction documents so reviewed and shall be retained by the bmldmg official. The other set shall be returned to the applicant with changes if any and shall be kept at the site of work and shall be open to inspection by the building official or his authorized representative Add a new subsection 106.6 as follows: 106.6 Reports. When, in the opinion of the bUilding official, certain geologiC hazards or constraints, mcluding but not limited to, landshdes, rock falls, flash f1oodmg, mudslides, avalanches, subsidence and / or soil creep exist or may exist with respect to a specific building proposal, a soil and / or geologiC mvestigation may be reqUired prior to the issuance of a building permit. Such investigation, when required, shall be documented by submittal to the buildmg offiCial of an acceptable written report, which is signed by a soils engineer and / or an engineenng geologist withm his field of expertise. SaId report(s) shall contain speCific recommendatIOns regarding the building locatIOn and design. The relationships of (1) site 4 grading, structural mtegnty, and septic drain fields and (2) the geologic hazards or constraints, shall be considered m the report(s) SECTION 108 FEES Change section 108.2 to read as follows: 108.2 Schedule of permit fees. On buildings, structures, mechanical and lor alterations requiring a permIt, a fee for each permit shall be paid as required, in accordance wIth Table I-A of this code. (This fee schedule is administrative and subject to change by City Council). Change section 108.3 to read as follows: 108.3 Plan Review Fees. When submittal documents are reqUIred by Section 106.1, a non- refundable plan revIew fee deposit shall be paid at the time of submlttmg the submittal documents for plan review Said plan review fee shall be 65 percent (65%) of the bUIlding permit fee as shown in Table I-A for all multi-family and commercial projects. A said plan review fee of 65 percent (65%) of the building permit fee for all that fall under the IRe. When the submittal documents are incomplete or changed so as to reqUIre additional plan revIew an additIOnal plan review fee shall be charged at the rate shown in the 2003 Table I-A Bulldmg Permit Fees. Add a new subsection 108.3.1 asfollows: 108.3.1 Building Permit Valuations. The applicant for a permit shall provIde an estimated permIt value at the time of application If, in the opinion of the buildmg official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estImates to meet the approval of the building offiCIal. The final building valuation shall be set by the building official. Add a new subsection 108.4.1 asfollows: 108.4.1 Investigation Fees: Work without Permit. Whenever any work for which a permit is reqUIred by this code has been commenced without first obtaimng Said permIt, a special mvestlgation shall be made before a permit may be Issued for such work. Add a new subsection 108.4.2 as follows: 108.4.2 Fee. An mvestlgation fee, m additIOn to the permit fee, shall be collected whether or not a permIt is then or subsequently issued. The investigation fee shall be equal to the amount of the permIt fee reqUIred by this code. The mmimum investigatIOn fee shall be the same as the mmimum fee set forth In Table l-A. The payment of such investIgatIOn fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law 5 Change section 108.6 to read as follows.' 108.6 Fee Refunds. The building offiCIal may authorize refunding of any fee paid here under which was erroneously paid or collected. The building offiCial may authorize refundmg of 100% of the permit fee. The buildmg official may authorize a refund of not more than 50 percent (50%) of the plan review fee. The bmldmg offiCial shall not authonze refundmg of any fee paid except on wntten applicatIOn filed by the original permittee not later than 180 days after the date of fee payment. If plan check review is not done by City personnel then there shall be no refund for plan review fees. SECTION 109 INSPECTIONS Change section 109.1 to read as follows.' 109.1 General. All constructIOn or work for which a permit IS reqUIred shall be subject to mspection by the buildmg official and all such constructIOn or work shall remain accessible and exposed for inspection purposes until approved by the building offiCial. In addition, certam types of construction shall have contmuous mspectlOn as specified in SectIOn Table 1704.5 1 and Table 1704.5.3 Approval as a result of an inspectlOn shall not be construed to be an approval of a VIOlatIOn of the provisions of thiS code or of other ordinances of the Jurisdiction. InspectIOns presummg to give authonty to VIOlate or cancel the provisions of thiS code or of other ordinances of the junsdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspectIOn purposes. Neither the buildmg official nor the jurisdiction shall be hable for expense entailed m the removal or replacement of any matenal required to allow inspectIOn. A survey of the lot will be required by the building offiCial to verify that the structure is located in accordance with the approved plans. Add a new subsection 109.3.1.1 as follows: 109.3.1.1 Zoning / Building Code Setbacks: InspectIOn for set backs may be performed at the same time as an inspectIOn 109.3.l, but only after the location of the structure has been laid out and staked. A general observation of distances between building (s) and property lines will be conducted. If any discrepancies are apparent, a re-survey may be required by the building offiCial to venfy that the structure is located in accordance With the approved plans. Add a new subsection 109.3.1.2 as follows: 109.3.1.2 Trenches, Footings, Pads, Caissons: This inspection shall be made after trenches are excavated, forms erected, steel m place and pnor to placement of concrete. The City of Wheat Ridge reqUlres an on-site observatIOn and a stamped written report by an architect or profeSSIOnal engineer when plans call for dnlled piers ("caisson") construction. Observation of the 6 preparatIon, reinforcement and placement shall be described in detaIl in the written report as mentIOned by an architect or engineer and is not the responsibilIty of the City of Wheat RIdge. Add a new subsection 109.3.2.1 as follows: 109.3.2.1 Damp-proofing of Footing and Foundation and / or Grade Beams of Basement Walls: Shall be mspected pnor to backfilling. Add a new subsection 109.3.4.1 as follows.' 109.3.4.1 Rough Heating and Ventilation: These inspectIOns will be made pnor to covenng and / or concealing all walls, ceilings and floors. Add a new subsection 109.3.10.1 asfollows: 109.3.10.1 Final Inspections: The followmg final inspections must be made after the bUlldmg, site work are completed and are ready for occupancy. Add a new subsection 109.3.10.1.1 as follows.' 109.3.10.1.1 Final Grading. Must provide POSItIve dramage away from bUlldmg(s). Add a new subsection 109.3.10.1.2 asfollows.' 109.3.10.1.2 Interior. All rooms and mtenor areas must be complete m every respect. Add a new subsection 109.3.10.1.3 as follows: 109.3.10.1.3 Electrical. The final electrical must be signed off. Add a new subsection 109.3.10.1.4 as follows: 109.3.10.1.4 Plumbing. The final plumbmg must be signed off. Add a new subsection 109.3.10.1.5 asfollows: 109.3.10.1.5 Heating and Ventilation. Final Inspection Add a new subsection 109.3.10.1.6 as follows: 109.3.10.1.6 Window Glazing and Blown-in Attic Space Insulation. Final InspectIOn Add a new subsection 109.3.10.1.7 as follows: 109.3.10.1.7 Other. As may be speCIfic to the project. Change section 109.5 to read as follows: 7 109.5 Inspection Requests. It shall be the duty of the person domg the work authonzed by a permIt to notify the building official that such work IS ready for inspection. The building offiCIal may require that every request for inspectIOn be filed at least one workIng day before such inspection IS desIred. Such request may be in writing or by telephone at the optIOn of the building offiCIal. It shall be the duty of the person requestmg any mspectlOns reqUIred by this code to provide access to and means for inspectIOn of such work. Add a new section 109.7 as follows: 109.7 Inspection Record Card. Work requmng a permit shall not be commenced until the permIt holder or an agent of the permIt holder shall have posted or otherwise made available an mspection record card such as to allow the Inspector/Buildmg Official to conveniently make the reqUIred entnes thereon regarding mspectlOn of the work. This card shall be mamtained and available by the permit holder until final approval has been granted by the buIlding official Add a new section 109.7.1 asfollows: 109.7.1 General. If, due to excessIve workload and manpower hmitations, the building official IS unable to perform a requested mspection on the working day following the inspection request, special mspection reports, contractor certifications, or other satisfactory eVIdence of the work being completed substantIally m comphance WIth this code may be accepted in heu of the reqUIred mspectlOns noted below. When approved by the building offiCIal, trenches, footmgs or pads mspections of foundatIOn walls and / or grade beams steel remforcement inspections may be performed by a qualified archItect or engmeer serving as a Special Inspector (See Section 1704 1) The buildmg official may accept written, signed certificatIOns from the contractor performing the work in lieu of the required mspections for damp-proofing, insulation, and lath and / or wallboard fastenmg if all or a portion of the work cannot be mspected on the working day following the day of the mspectlOn request. In addition to the called inspectIOns specIfied above, the building official may make or reqUIre other mspections of any constructIOn work to ascertain compliance with the proviSIOns of thIS code and other laws, whIch are enforced by the code enforcement agency. Add a new section 109.7.2 as follows: 109.7.2 Inspections in Hillside or Geologic Hazard Areas. At the completIOn of rough grading and / or foundatIOn excavation, and prior to the constructIOn of retaining walls, footmgs, or beanng CaIssons, a soil engmeer and / or an engineenng geologIst, within theIr respective fields of competency, shall mspect the sIte at the applicant's expense and render opimons, in writmg, to the buildmg official concerning the soil and geologic condItions actually encountered and that all known geologic hazards or constraints have been taken into account in the design of the facility Add a new subsection 109.8 as follows: 8 109.8 Re-Inspection. A re-mspectlOn fee may be assessed for each inspectIOn or re-mspection when such portIOn of work for which an inspection is called on IS not complete or at tIme of re- inspection the required correction was not made This subsectIOn is not to be interpreted as requIring re-inspectlOn fees the first time a job is rejected for failure to comply wIth the reqUIrements of thIS code, but as controlling the practIce of calling for mspections before the Job is ready for such mspection or remspection. Re-mspection fees may be assessed when the inspectIOn record card IS not posted or otherwise available on the work site, the approved plans are not readily aVaIlable to the mspector, for faIlure to proVIde access on the date for whIch inspection IS requested, or for deviatmg from plans requiring the approval of the bUlldmg officIal. To obtain a re-mspection, the applicant shall file an applicatIOn therefore m writing on a form furnished for that purpose and pay the re-inspection fee m accordance with Table I-A or as set forth in the fee schedule adopted by the junsdlction. In instances where re-mspectlOn fees have been assessed, no additional mspection of the work wIll be performed until the required fees have been paid. SECTION 110 CERTIFICATE OF OCCUPANCY Add a new subsection 110.1.1 asfollows.' 110.1.1 Change in Use. Changes m the character or use of a bUIlding shall not be made except as speCIfied in Chapter 34 of thIS code. Change section 110.2 to read as follows: 110.2 Certificate Issued. After the bUlldmg official mspects the building or structure and finds no VIOlations of the provisions of this code or other laws whIch are enforced by the code enforcement agency, the building official shall issue a certificate of occupancy which shall contam the followmg: 1 The building permit number. 2. The address of the structure 3. The name and address of the owner. 4 A descnption of that portion of the building for whIch the certificate is issued. 5 A statement that the described portIon of the building has been inspected for comphance WIth the requirements of thIS code for the group and dIvision of occupancy and the use for whIch the proposed occupancy IS classified. 6. The name of the bUIlding offiCIal. 7 The edItion of the code under whIch the permit was Issued. 8 If automatIc sprinkler IS provided. 9 Any speCIal stIpulatIOns and conditions of the building permIt. 9 Add a new subsection 110.5 as follows: 1l0.5 Posting. The Certificate of Occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the buildmg offiCIal or fire marshal EXCEPTION: ResIdentIal Group R - 3. SECTION 113 OCCUPANCY AND USE VIOLATIONS Change section 113.3 to read: 113.3 Notice of violation. The building official may serve a notice of VIolation or order to the person responsible for the erectIOn, installatIOn, alteratIOn, extensIOn, repair, removal or demolItIOn of work m violation of the provisions of thIS code, or in VIOlation of the approved construction documents there under, or in violatIon of a permit issued under the proVISIOns of this code. Such order shall direct the dlscontmuance of the illegal actIon or conditIOn and the abatement of the VIOlatIon When an electrical, mechanical or plumbing system IS to be dIsconnected, written notice as prescribed m thIS section shall be gIven. In cases of Immediate danger to lIfe or property, such disconnectIOn shall be made ImmedIately WIthout such notice. Add a new subsection 113.5 as follows: 113.5 Order to Vacate. Whenever any buildmg or structure or equipment therein regulated by this code is being used contrary to the proVISIons of thIS code, the bUIlding official may order such use discontmued and the structure, or portion thereof, vacated by notIce served on any person causing such use to be continued. Such person shall dIscontinue the use WIthin the time prescribed by the building official after receipt of such notice to make the structure, or portion thereof, comply with the reqUIrements of thIS code. SECTION 115 UNSAFE STRUCTURES AND EQUIPMENT Add a new subsection 115.6 as follows: 115.6 Authority to condemn electrical, mechanical and plumbing systems. Whenever the buildmg official or mspector determInes that any electncal, mechanical or plumbmg system, or portion thereof, has become hazardous to lIfe, health, property, or has become unsamtary, the building official may order in writIng that such system either be removed or restored to a safe conditIOn. A tIme limit for compliance with such order shall be specified in the wntten notice. A person shall not use or mamtain a defectIve electrical, mechanical or plumbmg system after receIving such notIce CHAPTER 10 MEANS OF EGRESS 10 Change section 1008.1.8.3 to read as follow: 1008.1.8.3 Locks and Latches. Locks and latches shall be permitted to prevent operatIOn of doors where any of the followmg exists: I Places of detentIOn or restraint. 2. Occupancy Groups A, B, E, F, M and S that having an occupant load of 50 or less may have the mam exterior door or doors to be equipped with key-operated lockmg devIces from the egress SIde provided all of the following below are applied. All others shall have panic hardware on all doors leading to the outSIde 2.1 The lockmg device IS readily dIstinguishable as locked. 2.2 A readily visible durable sign posted on the egress SIde of all doors statmg: THIS DOOR TO REMAIN UNLOCKED WHEN BUILDING IS OCCUPIED. The sIgn shall be in letters 1 inch high on a contrasting background. CHAPTER 16 SRUCTURAL DESIGN SectIon 16l2.3 Insert: [City of Wheat Ridge] SectIOn 1612.3 Insert: [June 17,2003] CHAPTER 18 FOUNDATIONS AND RETAINING WALLS Add a new subsection 1802.2.3.1 to read as follows: 1802.2.3.1 Design Water Table. The design water table shall be the measurement or prediction of the hIghest potentIal elevation of the water table at the bUlldmg sIte where such measurement or prediction is based upon a report by a salls engineer or other qualified professional and where the accuracy of such measurement or prediction considers the average annual rain fall or other sources or factors which may influence fluctuations in the water table for the area in which the subject buildmg sIte is located. In cases where the water table may be artificially lowered, the design water table must be determined subsequent to the subdram system, funds for mamtenance, and individual or group responsIbility for on-going maintenance. Add new sections 1806.1.4.1 thru 1806.4.4 as follows.' 1806.1 Requirements for Slabs Below Grade and Crawl Spaces. 1806.1.4.1 Slabs Below Grade. BUIlding permits for structures with slabs below grade shall not be Issued unless the finished slab elevatIOn IS l2 mches or more above the hIgh water table and has a vapor barrier under the slab 11 1806.1.4.2 Peripheral Subdrain Required. Structures wIth slabs below grade shall be provided wIth a peripheral subdrain whIch slopes to a sump or sumps, daylIght, or other approved point of dIscharge. In each case the ultImate discharge POInt(s) for penpheral subdrains shall be approved during bUIlding permit applIcations review by the buildIng official. 1806.1.4.3 Crawl Spaces. Crawl spaces shall be permItted only where the deSIgn water table IS a minimum of 12 inches below the interior finished crawl space grade, or approved by buildIng offiCIal with a vapor bamer of 6 mIll or greater. 1806.1.4.4 Alternative Designs. Alternate designs and constructIOn practices may be permitted where it IS demonstrated to the reasonable satIsfactIOn of the building official that they are In compliance wIth the intent of the criteria listed above CHAPTER 34 EXISTING STRUCTURES Section 3410.2 Insert: [1969] REFERENCED STANDARDS TO BE ADOPTED INTO 2003 INTERNATIONAL BUILDING CODE: APPENDIX F- RODENT PROOFING APPENDIX G- FLOOD-RESIST ANT CONSTRUCTION APPENDIX 1- PATIO COVERS APPENDIX J- GRADING 1997 UNIFORM CODE FOR THE ABA TEMENT OF DANGEROUS BUILDINGS, FIRST PRINTING MARCH 1997 1997 UNIFORM HOUSING CODE, FIRST PRINTING MARCH 1997 Section 2. The 2003 International MechanIcal Code IS hereby adopted as Section 5-78 of ArtIcle ill of Chapter 5 (Buildings and Building Regulations) with the follOWIng amendments' Sec. 5-78. Mechanical Code. CHAPTER 1 ADMINISTRA TION Change section 101.1 to read as follows: 101.1 Title. These regulations shall be known as the International Mechanical Code of the City of Wheat RIdge, hereInafter referred to as "this code." 12 Change section 101.2 to read as follows: 101.2 Scope. This code shall regulate the design, mstallatlOn maIntenance, alteration and mspectlOn of mechamcal systems that are permanently Installed and utilized to provide control of environmental conditIOns and related processes within buildings. This code shall also regulate those mechanical systems, system components, eqUIpment and applIances specified or addressed herem. The InsulatIOn of fuel gas dlstnbution piping and equipment, fuel gas-fired applIance and fuel gas-fired appliance ventIng systems shall be regulated by the International Fuel Gas Code. Exceptions: 1 Detached one and two-family dwellIngs and multiple smgle-family dwellings (townhouses) not more than three stories high With separate means of egress and their accessory structures shall comply With the Residential Code SECTION 106 PERMITS Change section 106.5.2 to read as follows: 106.5.2 Fee Schedule. The fees for mechanical work shall be as adopted by the City of Wheat Ridge in table l-A. Change section 106.5.3 to read as follows: 106.5.3 Fee Refunds. The buildIng official shall authorize the refundmg of fees as follows. 1 The full amount of any fee paid hereunder which was erroneously paid or collected. 2. Not more than 100% of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. No refunds on plan check fees after a plan check has been completed and not more than 50% of the plan check fee shall be refunded on projects which plan checking is not complete. The buildmg offiCial shall not authorize the refunding of any fee paid, except upon wntten applIcation filed by the ongmal permittee not later than 180 days after the date of fee payment. 1nsert changes in section 108.4 as follows: 108.4 Violation penalties. SectIOn 1084 Insert: [misdemeanor, $1,00000,90 days] Insert changes in section 108.5 asfollows: 108.5 Stop work orders. 13 SectIOn 108.5 Insert: [$100.00 mmimum, $1,00000 maximum] REFERENCED STANDARDS TO BE ADOPTED INTO THE 2003 INTERNATIONAL MECHANICAL CODE: APPENDIX A- COMBUSTION AIR OPENINGS AND CHIMNEY CONNECTOR PASS- THROUGHS Section 3. The 2003 InternatiOnal Plumbing Code is hereby adopted as Section 5-79 of Article III of Chapter 5 (Buildings and Building Regulations) with the following amendments: Sec. 5-79. Plumbing Code. CHAPTER 1 ADMINISTRA TION Change section lOLl to read as follows: 101.1 Title. These regulations shall be known as the International Plumbing Code of the City of Wheat Ridge, herem after referred to as "thiS code." Delete the following to section 101.2 to read as follows: 101.2 Scope. Exception # 2 shall be deleted in ItS entirety. Change section 101.3 to read as follows.' 101.3 Intent. The intent of thIS code is to meet or exceed the reqUirements of the State of Colorado Plumbing Code. When techmcal requirements, speCificatIOns or standards In the Colorado Plumbing Code conflict with this code, the more restrictive shall apply Change section 106.6.2 to read as follows: 106.6.2. INSERT: Table I-lor the buildmg official may use the contractors valuation for the proJect. Change section 106.6.3 to read as follows: 106.6.3 Fee Refunds. The buildmg official shall authonze the refunding of fees as follows. 1 The full amount of any fee paJd hereunder which was erroneously paJd or collected. 2. Not more than 100% of the permit fee paid when no work has been done under a permit issued m accordance With this code. 14 3 No refunds on plan check fees after a plan check has been completed and not more than 50% of the plan check fee shall be refunded on projects which plan checkIng is not complete. The building official shall not authonze the refundIng of any fee paid, except upon written applIcatIOn filed by the ongmal permIttee not later than 180 days after the date of fee payment. Add section 107.6 as follows: 107.6 State of Colorado Licensed Plumber. All plumbIng on private property must be done by a State of Colorado lIcensed plumber with the exception of a homeowner that reSIdes or wIll reside in the residence may do the plumbing work for theIr self. The homeowner must plan to live in the residence for one year Insert changes in section 108.4 as follows: 108.4 Violation penalties. Section 108 4 Insert: [mIsdemeanor, $1,000 00, 90 days] Insert changes in section 108.5 as follows: 108.5 Stop work orders. Section 108.5 Insert: [$100 00 minimum, $1,00000 maxImum] Change section 305.6.1 to read as follows: 305.6.1 Sewer depth. BuildIng sewers that connect to pnvate sewage dIsposal systems shall be a mInimum of 24 Inches below finished grade at the point of septic tank connectIOn. Building sewers shall be a minimum of 30 inches below grade Change section 603.2 to read as follows: 603.2 Separation of water service and building sewer. Water service pipe and the building sewer shall be separated by 5 feet of undisturbed or compacted earth from each other and each of those shall be separated 5 feet from gas and electncal. ExceptIOn. l, The required separation distance shall not apply where a water servIce pIpe crosses a sewer pipe provided the water service pIpe IS sleeved to at least 5 feet horizontally from the sewer pipe centerlIne, on both SIdes of such crossing with pipe materials listed in table 605.3, table 702.2 or table 702.3. 2. The reqUIred separatIOn distance shall not apply within the first five feet of the foundatIOn. Change section 708.3 to read as follows.' 15 708.3 Where required, A minimum of one c1eanout shall be located m the bujldmg and a mimmum of one c1eanout shall be located outside the buildmg wlthm 10 feet of the outside foundation wall and in accordance with Sections 708.3 1 through 708.3.5. Insert changes in section 904.1 as follows: 904.1 Roof extension. All open vent pipes that extend through a roof shall be termmated at least 12 inches above the roof, except that where a roof is to be used for any purpose other than weather protectIOn, the vent extensions shall be run at least 7 feet above the roof. Section 4. The 2003 InternatIOnal Property Maintenance Code is hereby adopted as Section 5-82 of Article ill of Chapter 5 (BUIldings and BUlldmg Regulations) With the followmg amendments Sec. 5-82. Property Maintenance Code. CHAPTER 1 ADMINISTRATION Change section 101.1 to read as/ollows.' 101.1 Title. These regulatIOns shall be known as the International Property Maintenance Code of the City of Wheat Ridge, heremafter referred to as "thiS code" Change section 101.3 to read as/ollows.' 101.3 Intent. This code shall be construed to secure ItS expressed intent, which IS to ensure public health, safety and welfare insofar as they are affected by the contmued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these proviSIOns shall be altered or repaired to proVide a minimum level of health and safety as reqUIred herein. Repairs, alterations, additions to and changes in occupancy in existing buildings shall comply With the 2003 InternatIOnal Buildmg and 2003 InternatIOnal ReSidential Codes. Change section 102.3 to read as/ollows: 102.3 Application of other codes. RepalfS, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and proVISIOns of the 2003 International Building Codes, 1997 Uniform Housing Code and the 1997 Uniform Code for the Abatement of Dangerous Buildings. Nothing in this code shall be construed to cancel, modify or set aSide any provision of the City of Wheat Ridge Code of Laws as adopted by the City of Wheat Ridge. SECTION 304 EXTERIOR STRUCTURE 16 Change section 304.14 to read as follows: 304.14 Insect screens. Dunng the penod from March lSI to November lSI, every door, WIndow and other outside openIng reqUIred for ventilation of habitable rooms, food preparation areas, food servIce areas or any areas where products to be induded or utilized In food for human consumption are processed, manufactured, packaged or stored, shall be supplted with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every SWIngIng door shall have a self-closing device in good working condItion. Exception Screens shall not be required where other approved means, such as air curtaInS or insect repellant fans, are employed. CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS Change section 602.3 to read as follows: 602.3 Heat supply. All habitable rooms shall have a heat source year round that can maintain a temperature of not less than 68 degrees F (20 degrees C) ExceptlOns: 1 Processing, storage and operatlOn areas that reqUlre coohng or special temperature conditIOns. __ 2. Areas In which persons are pnmarily engaged In vIgorous physical actiVItIes. Delete section 602.4 in its entirety. Section 5. The 2003 InternatIOnal Energy ConservatlOn Code is hereby adopted as SectIOn 5-84 of Article III of Chapter 5 (BUlldings and Building RegulatIOns) with the following amendments: Sec. 5-84. Energy Conservation Code. CHAPTER 1 ADMINISTRATION Change section 101.1 to read as follows: 101.1 Title. These regulations shall be known as the International Energy Conservation Code of the CIty of Wheat RIdge, and shall be CIted as such. It IS referred to herein as "thIS code." Change section 101.2 to read as follows: 101.2 Scope. ThIS code establishes mInimum prescnptlve and performance-related regulations for the design of energy-effiCIent buildings and structures or portions thereof that proVIde 17 facIlIties or shelter for public assembly, educational, business, mercantIle. Institutional, storage and resldentJaI occupancIes, as well as those portIOns of factory and Industrial occupancIes desIgned primarily for human occupancy. This code thereby addresses the desIgn of energy- efficIent mechamcal, service water-heating, electrical dIstributIOn and Illumination systems and equIpment for the effectIve use of energy in these bUIldings and structures. In order to get credit for the use of the 2003 International Energy Conservation Code, energy calculatIOns must be proVIded by a regIstered Colorado Engineer demonstratmg complIance wIth thIs code. Exception: 1. Builder may use the CIty of Wheat RIdge Prescripti ve Energy Code as adopted by the City of Wheat RIdge Instead of the 2003 International Energy Conservation Code. The PrescnptIve Energy Code requirements for City of Wheat RIdge are listed below. In heu of compliance wIth the Prescnptive Code, energy calculatIOns provided by a registered Colorado Engineer demonstrating compliance wIth the InternatIOnal Energy Code will be accepted prior to Issuance of a bUIlding permit. ITEM Insulation Value Frame walls and rim joist (log homes require energy analysis) Window in frame walls and basement Doors in frame walls and basement Ceilings or rafters Air infiltration Walls to garage or unheated buffer spaces Heated garages 10 Heated basement areas (walls) Floors over unheated spaces except insulated crawls paces Floors over unvented spaces with insulated walls Vapor barrier on ground in crawlspace Crawl space walls with self opening! closing vents Cantilever floors Unheated slabs in heated area (except garages) Heated slabs Exposed slab edges Slabs in unheated areas (Garages) R 21" Low.E double glazed' R 2,86",2 R 38" Prescriptive air sealing' R 19 Same as house R19 R 21" None None R 19 R 38 R 7.54 R 104 R 7.5 . R 10' None SPACE HEATING SYSTEM PERFORMANCE Gas furnaces Gas boilers (Including snow-melt boilers) 90% AFUE 90% AFUE DUCTS: Inside envelope, outside conditioned space Outside building envelope R515 R 815 Wood-Burning fireplaces/stoves Gas log sets in masonry fireplaces Tight fitting enclosures' Tight fitting doors with outside combustion air 18 Water heater performance Gas Electric ,60 energy factor .93 energy factor Hot water piping in unconditioned spaces 1" foam insulation or equivalent Setback thermostat Required (except for hydronic heat) Air source heat pumps Ground heat pumps 9.7 SEER 11.5 SEER The R values given above are the total R values. The R-values of different materials are added together including air films, air spaces and building materials. The R-value is reduced by the effects of thermal bridging through framing, For instance, unless special methods or rigid insulation sheathing are used, the R value for walls must be decreased due to thermal bridging, Multiply the R-value of ceilings at the depth of the framing members by .94 and the wall by 87 Metal framed windows must demonstrate a 0,37 minimum U-valve, 2. Allowable percentage of window area measured by rough opening sizes, R values for windows is a combination of glass, frame and spacer certified by the National Fenestration Research Council (NFRC). If window area is 15% then the window must provide a U valve of 0.37 or lower 3 All exterior joints in the building envelope shall be caulked, gasketed. weather stripped, or otherwise sealed in an approved manner For the performance approach, use Colorado HERS and a 40 air change per hour rate. All switches and outlets to have UL approved sealing gaskets. 4 The slab edge perimeter must be protected with insulation per the requirements for heated areas. Insulation must extend downward to the bottom of the slab and then out horizontally to the exterior for a minimum total of 24" Slabs adjacent to foundation walls may be uninsulated. 5 Foundation insulation and slab insulation where required shall cover all slab edges. 6. All heated basement area slabs are to be insulated to R 7 under slab insulation required to be a minimum of 4 ft. inside perimeter Slab edges require a thermal break at the wall. Slabs adjacent to foundation walls may be uninsulated. 7 All furnace ducts need to be air tight and constructed with commercial grade mastic and fiberglass mesh. Supply ducts must be insulated to minimum of R-ll return ducts shall be insulated to a minimum of R-6 in unheated spaces, Fiberglass ducts which expose fibers to the air stream are not permitted. 8, Wood stoves shall have a catalytic burner, EPA certified or other method to substantially reduce emission which are approved for use within the City of Wheat Ridge. 9 Re-circulation pumps shall be provided with timers and a manual on/off switch. 10 All heated garages shall be constructed to the same requirements as the home. I I Water lines must be protected from freezing, except in floors over insulated basements. ]2. An energy rating is required of all log structures, i,e., E-Star or other approved energy analysis. E-Star rating must be 80 or better 13 Opaque doors only (Impenetrable to radiant energy other than visible light) ]4 Insulation must extend over top plates. 15 Ducts are to be sealed substantially airtight with tapes, (not duct tape) mastics or gasketing. Section 6. The 2003 International Residential Code is hereby adopted as SectIOn 5-85 of ArtIcle ill of Chapter 5 (Buildings and BUIlding Regulations) with the followmg amendments. Sec. 5-85. Residential Code. 19 CHAPTER 1 ADMINISTRA TION Change section RI01.I to read as follows: RI01.l Title. These provisIOns shall be known as the ReSIdentIal Code for One and Two FamIly Dwellings of the CIty of Wheat Ridge, and shall be cited as such and will be referred to herem as "thIS code" Change section RI01.2 to read asfollows: RlO1.2 Scope. The provIsIOns of the International Residential Code for One and Two Family Dwellings shall apply to the construction, alteratIOn, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one and two family dwellings and multiple single family dwellings (townhouses) not more than three stories in heIght wIth a separate means of egress and their accessory structures. RlOS.2 Exempted Work, is amended by deleting the following subsections: "lOne-story detached accessory structures, etc. "2. Fences not over 6 feet high. "3, Platforms, walks and driveways not more than 30 inches above grade and not over any basement or story below. Rl08.S Refunds. RevIse sectIon to read: If the construction does not commence within l80 days of the Issue date on the permit and the owner deCIdes to forego the project, a permit refund may be requested. The Building Official may refund up to 100% of the permit fee and not more than 50% of the plan review fee for the project. Rl09.1.l Foundation inspection. Change second sentence in SectIOn to read. The foundatIOn Inspection shall include all slabs except non-supporting unheated exterior walkways, patIOs and driveways. CHAPTER 3 BUILDING PLANNING R301.2 Table R301.2 Add to table as follows. Ground snow load is 30 Lbs. Wind speed is 110 mph 3 sec Wind gust SeIsmic design category 1 Weathering is: severe Frost line depth is. 30 inches Termites are: slight Decay IS: slight Winter deSIgn Temp is. 1 degree F Ice shield under layment reqUIred: YES Flood Hazards- Firm: June 17,2003 20 Air Freezing Index IS >1000 Mean annual Temp is 50 degrees F R303.3 Bathrooms. Add to Exception the follOWing: Bathrooms that contain only a water closet, lavatory, or combmation thereof and similar rooms may be ventIlated with an approved mechanical reCirculating fan or simIlar deVice designed to remove odors from the air. R309.1 Add sentence: Homes with attached garages are reqUired to have (1) carbon monoxIde detector in the hallway that leads to the garage door. Homes with gravity vent systems for gas fired applIances shall have a carbon monoxide detector located In the hallway next to the openmg that leads to where the gravIty vent gas fired applIance IS located. The reqUired carbon monoxide detectors shall be hard wired directly to smoke detectors. R311.5.3.3 Exceptions: Change Exception #l to read: A nosing is not required where the tread depth is a minimum of 10 mches. R312.2 Guard opening limitations. Exceptions: Add ExceptIOn #3 to read. Cable, rope or simIlar type materials that do not maintain the rigIdity necessary to meet the requirements of SectIOn R3l2.2 are prohibited. CHAPTER 11 INTERNA TIONAL ENERGY CONSERVATION CODE N1102.1 All heated buildings must be built to the City of Wheat Ridge's PrescriptIve Energy Code, or the 2003 International Residential Energy Efficiency Code. CHAPTER 24 FUEL GAS CODE G2406.2 Under Section G2406.2, delete ExceptIOn #3 and #4 in its entirety. G2415.10 Change SectIOn G2415.1O to read as follows. G2415 Trenches. The trench shall be graded so that the pipe has a finn, substantially continuous bearing on the bottom of the trench. The gas service line shall be located 5 feet horizontally away from any water or sewer servIce lines. Each utility shall be bedded WIth 6 mches of pea gravel above and below the service Ime. If the gas service line IS closer than 5 feet to other service lines then all the servIce lines closer than 5 feet shall have a warning tape placed 10 inches above the service Ime in the trench. G2425.8 Under Section G2425.8, delete Exception #7 In its entirety. G2445 SectIOn G2445 Un-Vented Room Heaters has been deleted In its entirety and now reads: Un-Vented Heaters are prohibIted in all locations throughout all residential occupancies. CHAPTER 29 WATER SUPPLY AND DISTRIBUTION 21 P2904.4.1 SectIOn P2904.4.l has been deleted In its entIrety and now reads: P2904.4.1 Trenching, pIpe Installation and backfilling water-servIce pipe shall be separated from the building sewer and gas line by a mInImum of 5 feet measured honzontally. In sItuations where the sewer, water or gas lines are closer than 5 feet the water line shall be encased in schedule 40 PVC pIpe and each utility shall have warning tape placed 10 Inches above the service lIne m the trench. Each utility shall be bedded WIth 6 inches of pea gravel above and below the servIce Ime. REFERENCED STANDARDS TO BE ADOPTED INTO 2003 INTERNA TIONAL RESIDENTIAL CODE: APPENDIX A- SIZING AND CAPACITIES OF GAS PIPING APPENDIX B- SIZING OF VENTING SYSTEMS SERVING APPLIANCES EQUIPPED WITH DRAFfHOODS, CATEGORY 1 APPLIANCES, AND APPLIANCES LISTED FOR USE AND TYPE B VENTS APPENDIX C- EXIT TERMINALS OF MECHANICAL DRAFf AND DIRECT-VENT VENTING SYSTEMS APPENDIX D. RECOMMENDED PROCEDURE FOR SAFETY INSPECTION OF AN EXISTING APPLIANCE INSTALLATION APPENDIX E- MANUFACTURED HOUSING USED AS DWELLINGS APPENDIX G- SWIMMING POOLS, SPAS AND HOT TUBS APPENDIX H- PATIO COVERS APPENDIX J- EXISTING BUILDING AND STRUCTURES APPENDIX L- ICC INTERNATIONAL RESIDENTIAL ELECTRICAL PROVISIONS/ NATIONAL ELECTRICAL CODE CROSS REFERENCE MINIMUM FOUNDA TION STANDARDS AS PRESCRIBED BY THE CITY OF WHEA T RIDGE CHIEF BUILDING OFFCIAL Section 7. The 2003 InternatIOnal Fire Code IS hereby adopted as Section 5-86 of Article ill of Chapter 5 (BUIldings and Buildmg Regulations) WIth the followmg amendments' Sec. 5-86. Fire Code. The 2003 International Fire Code shall be known as the "LF C." or the "fire code" and may be cited and referred to as such. 22 The folloWIng amendments by addItions, deletIOns, revisions and exceptIOns are made to the Fire Code. SectIOn 104 I General Authonty and ResponSIbilities IS amended to read as follows' The International Fire Code shall be admInistered and enforced by the Buildmg Official of the City of Wheat Ridge and deSIgnated assIstants, who shall perform the followmg functions, 1. Approval of plans for buildmg new structures and remodehng of eXIsting structures. 2. The inspection of all construction of new structures and the remodelmg of existmg structures. 3, The destruction of unsafe structures. 4 The InternatIOnal Fire Code shall be enforced by the Division of Fire PreventIOn of the Wheat Ridge Fire Protection District and the DiviSIOn of Fire Prevention of all adjoming Fire ProtectIOn Distncts, for the functIOns as listed, pertaimng to each JurisdIctions respective amendments. The Fire Marshal or hIS designated representative shall be responsible, as the designee of the Building Official of the City of Wheat RIdge, for the admimstratlOn and enforcement of the Code and shall enforce all ordnances of the Jurisdiction Wherever thIS code refers to the Chief m the context of Code admmistration or enforcement, it shall refer to the Fire Marshal or deSIgnated representative by the BUilding Official. Wherever the code refers to the ChIef in the context of fire suppression, it shall means the Chief of the Wheat Ridge Fire Department and the Chiefs of the adjoining Fire Departments. Section 103.4.1, Legal defense, is hereby amended in its entirety to read as follows: "103.4 1 Legal defense. Any suit instituted against any officer or employee of any fire protectIOn distnct or of any officer or employee of the City of Wheat Ridge because of an act performed by that officer or employee in the lawful discharge of dutIes and under the provisions of thIS code shall be defended by the legal representative of the fire protection distnct or City by whIch he or she IS employed until the final terminatIOn of the proceedings. The fire code official, city officer or employee, or any subordinate shall not be liable for costs in an actIOn, SUIt or proceeding that IS instituted m pursuance of the proVIsions of this code; and any officer or employee of the department of fire prevention or the City, actmg in good faith and WIthout malice, shall be free from liability for acts performed under any of its proviSIOns or by reason of any act or omission in the performance of official duties in connection therewith .. Section 105.2.2, Inspection authorized. 23 Section 105.2.2, InspectIOn authorized, is hereby amended by adding a sentence to the end of the paragraph to read as follows: "Twenty-four hours notice shall be provided to the division of fire prevention for required inspectIOns and tests." Section 105.6, Required operational permits. Section 105 6, Required operatIOnal permits, IS hereby deleted with the exception of section 105.6.44, Temporary membrane structures, tents and canopies, which sectIOn 105.6.44 shall be adopted as written. Section 108.1, Board of appeals established. Section 108 1, Board of appeals established, IS hereby amended III Its entirety to read as follows. "108.1 Board of appeals established. In order to hear and decide appeals of orders, decisions, or determinatIOns made by the fire code official relative to the apphcatlOn and interpretation of this code, there is hereby created a board of appeals. The board of appeals shall be known as the BUlldlllg Code Advisory Board. The board of appeals shall be appointed by the govemmg body and shall hold office at Its pleasure. The fire code official shall be an ex officio member of said board but shall have no vote on any matter before the board." Section 108.3, Qualifications. Section 108.3, QualificatIOns, IS hereby deleted. Section 109.3, Violation penalties. SectIOn 109.3, ViolatIOn penalties, is hereby amended III ItS entirety to read as follows. "109.3 Violation penalties Persons, firms, or corporations who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, Illstall, alter, repair or do work III VIOlatIOn of the approved constructIOn documents or directive of the fire code official, or of a permit or certificate used under proVISIOns of this code, shall be guilty of a fire code VIOlatIOn, punishable by a fine, or by imprisonment, or both, not to exceed the limits established within the City of Wheat Ridge City Code. The demal, suspension, revocation, or restnctlOn of any permit or other pnvllege conferred by this code shall not be regarded as a penalty for purposes of this chapter Each day that a violatIOn continues after due notice has been served shall be deemed a separate offense." Section 111.1, Order. SectIOn III l, Order, IS hereby amended III Its entirety to read as follows: 24 "111.1 Order. Whenever the fire code officIal finds any work regulated by thIs Code beIng performed in a manner contrary to the provisIOns of this code or in a dangerous or unsafe manner, the fire code official, wIth concurrence of the building official, IS authonzed to Issue a stop work order" Section 304.2.1, Trash enclosures. SectIOn 304.2.1, Trash enclosures, IS hereby added to read as follows: "304.2.1 Trash enclosures. Trash enclosures shall be constructed of block or bnck wIth metal gates or doors as approved by the Department of CommunIty Development." Section 308.3.1.1, Open Flame and Liquefied-petroleum - gas - fueled cooking devices. Section 308.3 1 1, Llquified - petroleum - gas - fueled cookIng deVIces, IS hereby amended m its entIrety to read as follows' "308.3 1 1 L-P - gas burners having L-P gas contaIner with a water capacity up to 20 pounds [nonunall pound (0454 kg) L-P gas capaCIty] may be used on combustible constructIOn" Section 308.3 I.Exception #2 is deleted from adoption Section 315.2.5, Marking maximum permitted storage height. SectIOn 315.2.5, Mark.1llg maxImum permItted storage height, is hereby added to read as follows "3152.5 Marking maximum permitted storage When storage areas are constructed that do not meet the requlfements for high piled combustible storage or sprinkler system deSIgn densItIes, a mimmum of a four (4) mch (10l 6mm) stnpe on a contrastIng background shall be placed at twelve (12) feet (4.176m) above the fimshed floor to designate the maxImum permitted storage height, and clearly JustIfied WIth the deSIgnatIOn 'No Storage Above ThIS LIne'." Section 503.2.1, Dimensions. SectIon 503.2.1, DImenSIOns, is hereby amended In its entirety to read as follows: "503.2.1 Dimensions. Fire apparatus access roadways in other than reSIdential streets shall have an unobstructed WIdth of not less than twenty-four (24) feet (7315mm) and an unobstructed vertIcal clearance of not less than thIrteen (13) feet SIX (6) Inches (4ll5mm). Pnvate streets shall not be less than twenty-sIx (26) feet (7935mm) wide and shall have an unobstructed vertIcal clearance of not less than thirteen (13) feet six (6) Inches (4115mm) 25 ExceptIOn: The width of private streets may be reduced from the required twenty-sIx (26) feet (7935mm) if a specific access and parking design IS approved by the fire code official .. Section 503.2.3, Surface. SectIOn 503.2.3. Surface, IS hereby amended In Its entirety to read as follows: "5032.3 Surface Fire apparatus access roads shall be designed and maIntained to support the imposed loads of fire apparatus and shall be surfaced With the first lift of asphalt as to provide all-weather dnving capabilities." Section 503.2.5.1, Group R, Division 3 occupancies. SectIOn 503.2.5 I, Group R, Division 3 occupancies, is hereby added to read as follows' "503.2.5 1 Group R. Division 3 occupancies Where a property IS a Group R, Division 3 occupancy, the length of a dead end fire department access roadway may be Increased to one-hundred seventy-five (175) feet (53,340mm) Without the proVISIOns forthe tummg around of fire apparatus if approved by the fire code official .. Section 503.2.8, Curbs. Section 503.2.8, Curbs, is hereby added to read as follows "5032.8 Curbs. Vertical curbs shall not be placed at the entrance of or withm fire access lanes and roads. Hollywood style curbs may be used if approved by the fire code official." Section 503.2.9, Gated communities. SectIOn 503.2.9, Gated commumtles, is hereby added to read as follows' "503.2.9 Gated communities. Gated commumtles may be permitted, provided the commumty meets the requirements as detailed hereIn and subject to the approval of the fire code offiCial. The access roadways withIn a gated commumty shall be a mInimum of twenty-eight (28) feet (8534mm) of unobstructed Width and be maIntained as an all- weather surface and maintained as needed to proVide all-weather dnving capabIlities and reqUIrements of section 503 of the fire code. Unobstructed vertical clearance shall not be less than thirteen (13) feet SIX (6) Inches (4115mm) Two separate means of ingress/egress shall be proVided into the site. Gates shall be staffed on a twenty-four (24) hour basis or be eqUIpped with an automatic and manual system approved by the fire code offiCial .. 26 Section 503.2.10, Fire protection in recreational vehicle, mobile home, and manufactured housing parks, sales lots, and storage lots. Section 503.2.10, Fire protection In recreatIOnal vehIcle, mobile home, and manufactured housing parks, sales lots, and storage lots, IS hereby added to read as follows: "503210 Fire protection in recreational vehicle, mobile home, and manufactured housing parks. sales lots, and storage lots. Recreational vehicle, moblle home, and manufactured hOUSIng parks, sales lots, and storage lots shall proVIde and maIntam fire hydrants and access roads in accordance with Sections 503 1 and 508. Fire hydrant locations and mimmum reqUIred fire flows shall be approved by the fire code officIal Exception' Recreational vehicle parks located in remote areas shall be provided with protection and access roadways as reqUIred by the fire code offiCIal." Section 506.3, Key box installation. Section 506.3, Key box installation, IS hereby added to read as follows' "5063 Key box installation. All buildIngs WIth a reqUIred fire alarm system or automatic fire extInguishing or standpipe system shall be provided with a key box In a location approved by the fire code official The key box shall be of an approved type" EXCEPTION IndIvIdual units within retail and office umts that do not contam spnnkler control valves, fire alarm panels, or fire protectIOn eqUIpment are not reqUIred to provide keys to gain access to other mdividual units." Section 508.5.1, Where required. SectIOn 508.5 1, Where required, IS hereby amended In Its entIrety to read as follows. "508.5.1 Where required. The location, number, and type of fire hydrants connected to a water supply capable of delivenng the minimum required fire flow shall be provided on the publIc street or on the site of the premIses or both to be protected as required and approved. A fire hydrant shall be installed and maintained within one hundred fifty (150) feet (45,720mm) of a fire department connection serving a sprinkler or standpipe system. When installation of fire protectIOn including fire apparatus access roads and water supplies for fire protectIOn, is required, such protectIOn shall be made serviceable pnor to the time of above grade construction. Exceptions. I When the alternate means of protection, as approved by fire code offiCIal, are proVIded, the reqUIrements of sectIOn 508 1 may be modIfied or waIved. 2. For Group R-3 and Group U occupancies that dIstance reqUIrement shall be 500 feet (1 52400mm). 2.2 When street widths are reduced in Group R-3 and Group U 27 occupancies to less than thirty two (32) feet (9753mm), the dIstance reqUIrement shall be three hundred (300 feet (9l440mm). 3 For all bUIldings WIth the exception of Group R-3 and Group U occupancies and buildmgs that are equipped throughout with an approved automatIc sprinkler system installed in accordance with sectIOns 903.1.l or 903.3.1.2. The distance requirement shall be 300 feet (91440mm) Section 508.5.7, Marking of fire protection equipment. SectIon 508.5.7, Markmg of fire protectIOn equipment. is hereby added to read as follows. "508.5.7 Marking offire protection equipment. Fire protectIOn equipment and fire hydrants shall be clearly IdentIfied in an approved manner to prevent obstructIOn by parkmg and other obstructIOns. See also sectIons 508.5 and 505.5.5. Fire hydrants shall be pamted colors that are approved by the Water Dlstnct of junsdlction." Section 603.9.1, Gas meter identification. SectIOn 603.9 1, Gas meter IdentificatIon, is hereby added to read as follows: "60391 Gas meter identification. Gas meters shall be IdentIfied WIth the buildIng address and/or UnIt number" Section 605.1, Abatement of electrical hazards. Section 605.1, Abatement of electncal hazards, IS hereby amended by the addItion of a second paragraph to read as follows: "Winng systems, including covers, shall be maintained as reqUIred In the National Electrical Code for theIr anginal installatIOn." Section 605.3.1.2, Main electrical disconnect labeling. Section 605.3.1.2, Main electrical dIsconnect labeling, IS hereby added to read as follows. "605.3.1.2 Main electrical disconnect labeling. Electncal rooms containing the main electnc disconnect shall be identIfied with a permanently affixed sign with letters not less than one (1) mch (25mm) in heIght on a contrastIng background to read "MAIN ELECTRICAL DISCONNECT." Section 605.3.1.3, Labeling of address or unit disconnects. Section 605.3.1.3, Labeling of address or unit disconnects is hereby added to read as follows: 28 "605.3 1,3 Labeling of address or unit disconnects. Electrical dIsconnects shall be Identified wIth the address and/or UnIt number In accordance with the electncal code." Section 901.6.2, Records. Section 901 6.2, Records, is hereby amended in its entirety to read as follows: "901 6.2 Records Records of all system inspections, tests, and maintenance required by the referenced standards shall be maintained at the premIses for a mInImum of three years and a copy of the current inspection shall be forwarded to the dIvIsIOn of fire preventIOn." Section 903.1.2, Location of sprinkler control valves. SectIOn 903 1.2, LocatIon of spnnkler control valves, IS hereby added to read as follows: "9031.2 Location of sprinkler control valves. When automatic spnnkler systems are provided withm a building and the system serves more than one tenant space, the mam control valves shall be placed within a room that has access proVIded from the bUIlding exterior The door to Said room shall be not less than three (3) feet (914mm) m WIdth by six (6) feet eight (8) Inches (2030mm) m height. The door shall be appropriately labeled with a permanent sIgn WIth letters having a princIpal stroke of not less than three fourths (3/4) inch (l9mm) WIde and at least SIX (6) mches (1 52mm) tall." Section 903.2.1.6. Group B Occupancies is hereby created to read as follows: Group B Occupancies' "An automatic spnnkler system shall be Installed in Group B Occupancies where the floor area exceeds 12,000 square feet or 18,000 square feet on combmed floors and mezzanines." Section 903.2.2. Group E Occupancies is hereby revised to read as follows: Group E Occupancies: "An automatic sprinkler system shall be mstalled in Group E OccupancIes where the floor area exceeds 12,000 square feet or 18,000 square feet on combined floors and mezzanines." Section 903.2.2.2 is hereby created and shall read as follows: Group F-2 OccupancIes "An automatIc sprinkler system shall be installed in Group F-2 Occupancies where the floor area exceeds 12,000 square feet or 18,000 square feet on combined floors and mezzanines." 29 Section 903.2.9.1.2 is herby created to read as follows: Group S-2 OccupancIes' "An automatic sprinkler system shall be Installed In Group S-20ccupancies where the floor are exceeds 12,000 square feet or 18,000 square feet on combmed floors and mezzanines." Section 903.2.13.1. is hereby created to read as follows: Group R-3 OccupanCIes. "An automatic sprinkler system shall be installed In Group R, DiVISIOn 3 OccupancIes where the floor areas under the honzontal projectIOns of the roof exceeds l2,000 square feet. Section 903.3.7.1, Hose connection locations. Section 903.3.7 1, Hose connection locatIOns, IS hereby added to read as follows "903.3 7 1 Hose connection locations. The fire department hose connectIOns for a spnnkler system shall be located wIthin one hundred fifty (150) feet (45,nOmm) of a fire hydrant. Hose connections shall be located a minimum heIght of three (3) feet (l94mm) and a maximum heIght of four (4) feet (l219mm) above the finished grade."' Section 903.4.2.1, Audible and visual signals. Section 903.4.2.l, Audible and VIsual SIgnals, is hereby added to read as follows: "9034,2.1 Audible and visual signals Audible and VIsual fire alarm signals shall be connected to every automatic sprinkler system. Such audible and VIsual SIgnals shall be activated throughout the building upon water flow." Section 904.11, Commercial cooking systems. Section 904.11, Commercial cookIng systems, IS hereby amended by deleting referenced standard numbers: 1 Carbon diOXIde extInguishing system, NFPA 12, and 2. Automatic spnnkler systems, NFPA 13. The remaining referenced standards 3, 4, and 5 shall remain unchanged. Section 904.11.3, Carbon dioxide systems. Section 904.11.3, Carbon diOXIde systems, is hereby deleted m ItS entIrety. Section 904.11 4, Special provisions for automatic sprinkler systems, IS hereby deleted in Its entirety. Section 904.11.7, Residential type cooking equipment. 30 Section 904.ll 7, ResIdentIal type cookmg equipment, is hereby added to read as follows "904 11.7 Residential type cooking equipment. When resIdential type cookmg eqUIpment IS Installed wlthm Group A, B, E, F, S, and R-4 occupanCIes, a residentIal fire extingUlshmg system may be used In lieu of a commerCIal type fire extmgUlshing system with the approval of the fire code official and bUIldIng official" Section 905.1.1, Hose connection locations-standpipe systems. SectIOn 905 1 1, Hose connection locations-standpIpe systems, IS hereby added to read as follows. "905 1 1 Hose connection locations-standpipe systems Fire department hose connections for a standpIpe system shall be located withm 150 feet (45720mm) of a fire hydrant, and a minimum of three (3) feet (914mm) and a maxImum of four (4) feet (1219mm) above finished grade. A lll1nimum of a three-foot (914mm) clear space shall be provided around the circumference of a fire department connection" Section 905.1.2, Main control valve. SectIOn 905 1.2, MaIn control valve, IS hereby added to read as follows' "905 1 2 Main control valve. When standpipe systems are proVIded WIthin a building and It serves more than one tenant space, the mam control valve shall be located withm a room that has access provided from the bUIlding extenor with a door for fire department access. Said door shall not be less than three (3) feet (914mm) in a width by six (6) feet eIght (8) mches (2030mm) in heIght and shall be appropnately labeled with a permanent sign WIth letters having a principal stroke of not less than three-fourths (3/4) inch (19mm) WIde and at least six (6) inches (152mm) tall." Section 906.3, Size and distribution. SectIOn 906.3, SIze and distnbutlOn, is hereby amended in its entIrety to read as follows. "906 3 Size and distribution. MultIpurpose dry chemIcal portable fire extIngUIshers shall be ten (10) pounds (4.5kg), shall have a mInimum UL classificatIOn of 4-A, and shall be rated to fight Class A, B, or C fire hazards." Section 907.1.2.1, Type. SectIOn 907.1.2.1, Type, IS hereby added to read as follows. 31 "907.1.2.1 Type. All fire detectIon systems reqUired by the fire code shall be a Class A Style E four wire loop system. ExceptIOn A self-testing system, which WIll bypass an inoperatIve or missIng detector and still proVIde fire detection may be used in place of a four (4) wIre loop system wIth the approval of the fire code officIal. Non- required systems may be a two (2) wIre Class B system. Remote indIcatIng devIces shall be provided on all required duct detectors, elevator and electncal panel rooms, and where detection deVIce activation IS not readIly VIsible to responding fire fighters." Section 907.2.3, Group E. Section 907.2.3, Group E, is hereby amended In Its entirety to read as follows. "907.2.3 Group E. Approved manual and automatic fire alarm systems shall be installed In Group E occupancies haVIng an occupant load of 20 or more. Group E occupancIes haVIng an occupant load of more than fi ve but not more than 19 shall be equipped WIth an approved hard wired 120-volt smoke detectIon system, WIth battery back-up, and whIch IS mterconnected m accordance WIth the InternatIOnal ReSIdentIal Code." Section 907.2.10.1.2.1, Group R-4. SectIOn 907.2.10 1.2.1, Group R-4, IS hereby added to read as follows. "907.2.10.1.2.1 Group R-4. Group Homes claSSIfied as Group R-4 occupancIes for the developmentally disabled contaIning more than five (5) persons, including staff, shall be provided with an approved automatIc fire alarm system. Group homes having four (4) or fewer persons, Including staff, shall be provided with an approved hard wired one hundred twenty (120) volt smoke detection system, WIth battery back up, and interconnected In accordance WIth the International ReSIdential Code." Section 907.2.10.1.2.2, Group R-4-Senior citizen care. Section 907.2.10 1.2.2, Group R-4-Semor cItIzen care, IS hereby added to read as follows. "907.2.10.1 2.2 Group R-4 - Senior citizen care. Structures used to provide for the care or hOUSIng of SIX or more senior citizens shall be equipped with an approved automatIc fire alarm system installed In accordance with NFPA 72." Section 907.15, Monitoring. 32 SectIOn 907 15, Monitonng, IS hereby amended in ItS entirety to read as follows "907 15 Monitoring Fire alarm systems required by this code shall be supervised by an approved central, propnetary. or remote statIOn servIce or a local alarm, which wIll give an audible signal at a constantly attended station." Section 1008.1.8.3 Locks and Latches SectIon 1008.1 8.3 IS hereby amended to read as follows' Section 1008 1 8.3. Locks and latches shall be permitted to prevent the operation of doors where any of the followmg exits. 1. Places of detentIOn or restramt. 2. In bUildings in occupancy Groups A, E having an occupant load of 50 or less, Groups B, F, M and S All others are reqUired to have pamc hardware on all egress doors. The main extenor door or doors are permitted to be equipped with a key-operated lockmg devices from the egress side provIded: 2.1 The lockmg device IS readily distingUishable as locked. 2.2. A readIly visible sIgn posted on the egress sIde of all doors stating: THIS DOOR TO REMAIN UNLOCKED WHEN THE BUlWING IS OCCUPIED. The sign shall be m letters 1 inch high on a contrasting background. Section 1008.1.9, Panic and fire exit hardware. Section 1008 1 9, Pamc and fire exit hardware, IS hereby amended by amending the second paragraph to read as follows. "Each eXIt door in a means of egress from an occupancy of Group A or E having an occupant load of 50 or more and any occupancy of Group H-I, H-2, H-3 or H- 5 shall not be proVIded with a latch or lock unless it is panic hardware or fire exit hardware." Section 1011.1.1, Additional exit signs. Section 10 11 1 1, AddItIOnal exit signs, is hereby added to read as follows. "1011 1 1 Additional exit signs. When eXIt sIgns are required by the building code, addItional low-level exit signs, whIch are mternally or externally illuminated, photo lummescent, or self-Iummous shall be provided in comdors servmg guest rooms m Group R, DiVISIOn 1 occupancies and amusement 33 bUIldings. The bottom of such sign shall not be less than six (6) inches (l52mm) nor more than eight (8) inches (203mm) above the floor level and shall indicate the path of exit travel For exit and eXit-access doors, the sign shall be on the floor or adjacent to the door with the closest edge of the sign within four (4) inches (l02mm) of the doorframe." Section 1027.3.1, Signs. SectIOn 1027.3 l, SignS, IS hereby added to read as follows. "102731 Signs EXit doors that could be obstructed from the outside shall be posted with a permanent sign on the exterior side of the door stating "EXIT DOOR - DO NOT BLOCK." The sign shall consist of letters having a pnncipal stroke of not less than three-fourths (3/4) inch (19mm) Wide and at least six (6) Inches (152mm) high on a contrasting background." Section 2204.3, Unattended self-service motor fuel-dispensing facilities. SectIOn 2204.3, Unattended self-serVice motor fuel-dispensing facilities, is hereby amended In its entlfety to read as follows. "Unattended self-serVice motor fuel-dispenSing facllllles shall not be permitted or operated." Section 2204.3.1, General, through Section 2204.3.7, Quantity limits. Section 2204.3 I, General, Section 2204.3.2, Dispensers, SectIOn 2204.3.3, Emergency controls, Section 2204.3 4, Operating instructIOns, Section 2204.3.5, Emergency procedures, Section 2204.3 6, CommunicatIOns, and Section 2204.3 7, Quantity limits, are hereby deleted. Section 3308.2.2.1, Where allowed. SectIOn 3308.2.2.1, Where allowed, IS hereby added to read as follows "3308.2.21 Where aI/owed. Proximate audience displays may be conducted only Within buildings that contain an approved automatic sprinkler system." Section 3406.6.1.2.1, Vapor recovery device. Section 3406.61.2.1, Vapor recovery deVice, IS hereby added to read as follows' "3406.61.2.1 Vapor recovery device It shall be unlawful for any driver, operator, or attendant to defeat or fail to use any vapor recovery deVice or system that has been proVided for use Wllh the vapor recovery device or system. All 34 equipment shall be approved and mamtamed for use wIth the vapor recovery system provIded at the site."' Section 3804.2 Maximum capacity within established limits. SectIOn 3804 .2 IS hereby amended to read as follows: Within the limIts establIshed by law restricting the storage of lIquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacIty of anyone mstallation shall not exceed a water capacIty of 2,000 gallons wIthin the City limits of the CIty of Wheat RIdge Chapter 45, Referenced standards. Chapter 45, Referenced standards, is hereby amended by addmg the following referenced standard on to the InternatIOnal Code CouncIl Standard Reference list. "Insurance ServIce Office 160 Water Street New York, NY Insurance Service Office Guide for Determimng Fire Flow, Fire Suppression Ratmg Schedule 1980" Chapter 45, Referenced standards. Chapter 45, Referenced standards, is hereby amended by deleting the following referenced standards from the National Fire Protection Association's standard reference list: Referenced Standard 99, Health Care FaCIlities, and Referenced Standard 10l, Llfe Safety Code All other referenced standards shall remam unchanged. Appendix B, Fire-flow requirements for buildings, Section BI03.1, Decreases. Appendlx B, Fire-flow requirements for bUIldings, SectIOn B 103.1 Decreases, is hereby amended in its entlfety to read as follows: "BI03 1 Decreases. Decreases m the mimmum required fire flow are permItted up to 50 percent, when the building lS provided WIth an approved automatlc spnnkler system installed throughout and in accordance with 903.3 1 standards SectlOn 903.31.2 NFPA 13R spnnkler systems are not permitted to be used for a reduction m mmimum requIred fire flows in other than one and two family dwellmgs. In areas where the required fire flow cannot be obtained, Group R-l, R-2, R-3, or R-4 new or remodeled residential occupancies shall have sprinkler systems 35 installed m accordance with section 903.3 l.1 of the buildmg code, as amended. When it IS deterrmned that it IS Impractical to obtam the required fire flows as required herein for any other occupancy, a decrease shall not be granted without the approval of fire code official and building official Any decrease m the required fire flows will reqUire alternative means of fire protectIOn and mitigatIOn." Appendix B, Fire-flow requirements for buildings, Section B103.2, Increases. Appendix B, Fire-flow reqUirements for buildings, Section B 103.2, Increases, IS hereby amended by adding a second paragraph to read as follows. "When wood shmgles or shake shingles are provided, an additional five hundred (500) gallons per mmute (1893 Umin) shall be added to the total required fire flow." Section 8. The 2003 International Fuel Gas Code IS hereby adopted as SectIOn 5- 87 of Article ill of Chapter 5 (Buildmgs and Buildmg RegulatIOns) with the following amendments. Sec. 5-87. Fuel Gas Code. CHAPTER 1 ADMINISTRATION Change section 101.1 to read asfollows: 101.1 Title. These regulations shall be known as the International Fuel Gas Code of the City of Wheat Ridge, hereinafter referred to as "this code" Change section 101.2 to read as follows: 101.2 Scope. This code shall apply to the installatIOn of fuel-gas utilizatIOn equipment and related accessories in accordance With Section 10 1.2.1 through 10 1.2.5. Exceptions: 1. Detached one and two family dwellings and multiple smgle family dwellings (townhouses) not more than three stones high with separate means of egress and their accessory structures shall comply with the International Residential Code. Change section 106.5.2 to read as follows: 106.5.2 Fee schedule. The fees for work shall be as adopted by the City of Wheat Ridge. Change section 106.5.3 to read as follows: 36 106.5.3 Fee refunds. The bUIlding officIal shall authorize the refunding of fees as follows. 1 The full amount of any fee paid hereunder which was erroneously paId or collected. 2. 100% of the permIt fee maybe refunded If no work has begun. 3 50% of a plan check may be refunded If the plans are withdrawn or canceled before any plan review effort has been expended unless a plan check was done outside the City in whIch there will be no refund of the plan check fee The building offiCIal shall not authorize the refundmg of any fee paid, except upon written applIcatIOn filed by the original permIttee not later than 180 days after the date of fee payment. Change specific items in section 108.4 to read as follows: Section 108.4 Violation penalties. The specified offense shall be a, "mIsdemeanor" The amount shall be, "$1,000.00" The number of days shall be, "90". Change specified items in section lO8.5 to read as follows: Section 108.5 Stop work orders. Minimum amount shall be, "$100.00" Maximum amount shall be, "$1,000 00" CHAPTER 4 GAS PIPING INST ALLA TIONS Add section 401.1.2 to read as follows: Section 401.1.2 Underground Installation Gas servIce lines shall be separated by 5 feet of undisturbed or compacted earth from other service lines such as water, sewer, electric. ExceptIOn: 1 The reqUIred separation distance shall not apply withm the first five feet of the foundatIOn. REFERENCED STANDARDS TO BE ADOPTED INTO THE 2003 INTERNATIONAL FUEL GAS CODE: 37 APPENDIX B. SIZING OF VENTING SYSTEMS SERVING APPLIANCES EQUlPTED WITH DRAFT HOODS, CATEGORY I APPLIANCES, AND APPLIANCES LISTED FOR USE AND TYPE B VENTS (IFGS) APPENDIX C. EXIT TERMINALS OF MECHANICAL DRAFT AND DIRECT- VENT VENTING SYSTEMS (IFGS) APPENDIX D- RECCOMMENDED PROCEDURE FOR SAFETY INSPECTION OF AN EXISTING APPLIANCE INSTALLATION (lFGS) Section 9. Safety Clause. The City Council hereby finds, detenmnes, and declares that thIS ordmance 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 convemence and welfare The City Council further determines that the ordinance bears a rational relation to the proper legIslative object sought to be attaIned. Section 10. SeverabilIty. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent JurisdIction Inval1d, such Judgment shall not affect application to other persons or Circumstances, Section 11. SupersessIOn Clause. If any proVISIon, reqUIrement or standard establIshed by this Ordmance is found to conflict with similar proVIsions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, reqUIrements and standards herem shall supersede and preVail Section 12. This ordInance shall take effect 15 days after final publicatIOn. INTRODUCED, READ, AND ADOPTED on first readIng by a vote of _ to _ on this _ day of , 2004, 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 ,2004, 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 , 2004 38 SIGNED by the Mayor on this _ day of ,2004 GRETCHEN CERVENY, MAYOR A ITEST: Pamela Y Anderson, City Clerk APPROVED AS TO FORM BY CITY AITORNEY GERALD DAHL, CITY AITORNEY 1st PublicatIOn: 2nd Publication. Wheat Ridge Transcnpt Effective Date e \plannmg\forms\ordJrm 39 lTEM NO: 5 I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: November 8, 2004 TITLE: RESOLUTION AUTHORIZING SUBBMITAL OF THE APPLICATION FOR THE 2005 JOINT VENTURE/GRANT PROJECT TO JEFFERSON COUNTY OPEN SPACE - CLEAR CREEK TRAIL REPLACEMENT PHASE III o PUBLIC HEARlNG o BIDS/MOTIONS [gl RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date' _) o ORDINANCES FOR 2ND READING QuasI-Judicial' D Yes [8J No /) CltYM~~ - EXECUTIVE SUMMARY: The Jefferson County Open Space Department has aJomt venture grant program where Cities may apply for matchmg funds for mamtenance or new constructIOn projects. The reqUlrement IS a 50% cash match for grant funds. The 2005 project is for trail replacement conslstmg of a 10 foot wide, 6" thlCk concrete trail. The trml area to be replaced IS from approximately the Y oungfield Street underpass to West Bndge and the trail from Prospect Bridge west to the existmg concrete. This years project also includes improvements to the Youngfield trailhead. The amount oftrai1 to be replaced will depend on costs and fundmg available. If fundmg allows additlOna11mear feet of trail will be replaced east of Prospect Brdige. The City currently has $150,000 appropnated for 2004 trail replacement. The grant application WIll request approximately $150,000 m matching funds. COMMISSION/BOARD RECOMMENDATION: No formal motlon was made by the Parks and Recreation CommissIon. Projects were presented to the CommISSIOn as part of the budget process. STATEMENT OF THE ISSUES: The trml m the area defined above IS in need of replacement due to the WIdth and poor surface conditIon. The Jefferson County standard for trail surface is concrete and the Open Space Committee will not approve applications for fundmg that use other surfaces. There are conflictmg opmlons m the commumty regardmg the most aesthetic and desirable matenal for trail resurfacmg. City Council passed resolutIOns m 2002 and 2003 for concrete trail resurfacmg. Concrete IS considered the surface of chOice for low mamtenance and durability; asphalt IS considered the surface of chOlce for a softer surface. In thiS particular area of the trail there IS a crusher fine trail m the Conservation area, provldmg a softer surface alternative for walkers and runners. Improvements to the trail head include new concrete at the entrance, new slgnage and dramgage Improvements. ALTERNATIVES CONSIDERED: Replace trail with asphalt and do not apply for a grant for trail resurfacmg With Jefferson County Open Space. Replace grant applicatIOn With an alternative project. FINANCIAL IMPACT: The City does not have a project appropnated for 2005 that would be as attractive for grant fundmg by the Jefferson County Open Space Committee. An alternative project could be applied for m place of the trail replacement. An applicatIOn for a State of Colorado trails grant has also been submitted for thiS project m the amount of a $50,000 request. The City received a grant of $44, I 00 from the state for the 2004 trail replacement project. lfthis grant IS not received or not funded at the entire amount requested, the project scope ,will be scaled back to match the funds available. RECOMMENDED MOTION: "I move to approve Resolution 27-2004 Authorizmg Submittal of the ApplicatIOn for the 2005 Joint Venture/Grant Project to Jefferson County Open Space - Clear Creek Trail Replacement Phase III." or, "I move to table mdefimtely Resolution 27-2004 Authonzmg Submittal of the Application for the 2005 Jomt Venture/Grant Project to Jefferson County Open Space - Clear Creek Trail Replacement Phase III for the followmg reason( s) " Report Prepared by: ReVlCwed bY' Joyce Manwanng, Parks and RecreatIOn Director Randy Young, CIty Manager Attachments: 1 Map of area 2. ResolutIon 27-2004 C AF RES for Jeffco 2004-05 - ~ 52ND ^VE VIIIKCORP Jf,ffCO 1... __ to ....... ... 32nd -- LAKEWOOD ~ ATTACHMENT 1 RESOLUTION NO. 27 SERIES OF 2004 TITLE: A RESOLUTION AUTHORIZING SUBMITTAL OF THE APPLICATION FOR THE 2005 JOINT VENTURE/GRANT PROJECT TO JEFFERSON COUNTY OPEN SPACE - CLEAR CREEK TRAIL REPLACEMENT PHASE III WHEREAS, the voters of J effcrson County voted on November 4, 1980 to allow for mamtenance and development of Open Space lands and property wlthm Jefferson County, and WHEREAS, Jefferson County Open Space has mstltuted a Jomt Venture/Grant Project Program, and WHEREAS, the City of Wheat Ridge would Iik.e to apply for a Jomt Venture/Grant Project with Jefferson County Open Space NOW THEREFORE, BE IT RESOLVED THAT: - The City of Wheat Ridge requests fundmg from Jefferson County Open Space for the Jomt Venture/Grant Project for Clear Creek Trail Replacement Phase lll, concrete, Y oungfield St. underpass to West Bndge, Prospect Bndge west to the eXlstmg concrete, and Y oungfield trailhead Improvements. DONE AND RESOLVED THIS 8thth day of November, 2004. Gretchen Cervcny, Mayor ATTEST' Pamela YAnderson, City Clerk ATTACHMENT 2 ITEM NO' GJ I REQUEST FOR CITY COUNCIL ACTION COUNClL MEETING DATE' November 8, 2005 TITLE: AWARD OF CONTRACT FOR FOUNDER'S PARK SCULPTURE D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: _) D ORDINANCES FOR 2ND READING QuasI-Judicial: D Yes ~ ,No Clty~ EXECUTIVE SUMMARY: - The sculpture entttled "What has stood, shall always be" has been selected for mstallatIOn at Founders' Park as an addltton to the City's permanent pubhc art collection. ThiS sculpture represents a fallen tree and has a sculpted marble base and black gramte components. An Art Selectton Committee was assembled per the department admmlstrattve pohces definmg the process for acqumng public art. A call for entry, which IS a document that describes the project amd scope of work and IS used as an advertisement for the project, was sent out statewIde. The CIty received responses to the project. The art mural selectton commIttee revIewed all entnes and chose three finahsts. These finalIsts prepared a proposal for the project, were mtervIewed and the final selectIOn was chosen. COMMISSION/BOARD RECOMMENDATION: The Cultural CommIssIOn approved the Art Selectton CommIttee for thiS project. STATEMENT OF THE ISSUES: The City Counctl adopted an ordmance amendmg Chapter 18 of the Code of Laws by entitlmg the said chapter "Arts and Culture" and by the additIOn of an Article 1 concemmg the acqUIsItion, display, ownership and disposal of publIc works of art. The City CounCIl also adopted the administrattve pohces that define the acqumng, documentatIOn and conservatton, dIsplay and sItmg, de-accessIomng works of art and a conflIct of interest statement. The advertIsement or call for entry for the project was open to anyone that WIshed to apply The Art Selection CommIttee was also an open applIcatIOn process per the admImstrattve polIcIes. And the reVIew of entnes and the selectton was followed per the admmistratlve polIcIes. The sculpture was ongmally intended to be a play sculpture. After analysIs of the wmnmg entry, It was decIded thIs sculpture could not be adapted to meet the reqUIrements of the "Playground Safety Standards Handbook". This sculpture will be considered an art sculpture and the areas wIll be sIgned WIth wordmg mdlcatmg the sculpture IS not a playground. ThIs signage will be necessary to protect the CIty from liabIlIty If an mdlVldual clImbs on the sculpture and IS injured. ALTERNATIVES CONSIDERED: Do not approve the contract for the project. The area would then be converted to a different use, either sod or natIve seed planted, or a tradItIOnal playground could be mstalled WIth the appropnated funds. FINANCIAL IMPACT: ThIs project is appropriated in the Open Space Fund 32, whIch IS a speCIal fund for sales tax revenue for the Jefferson County open space sales tax. These funds can only be spent on Park and RecreatIOn projects. RECOMMENDED MOTION: "I move to award the art sculpture contract for Founders' Park to Josh Wiener m the amount of $34,500 ro be charged to account 32-60l-800-862." or, - "I move to deny award of the art sculpture contract for Founders' Park for the following reason(s) " Report Prepared by: ReVIewed by: Joyce Manwanng, Director, Parks and Recreation Randy Young, CIty Manager Attachments: 1 Contract 2. Project proposal 3 Map of installatIOn sIte CAF founders' park sculpture CITY OF WHEAT RIDGE ART SCULPTURE SERVICES AGREEMENT THIS AGREEMENT made this 8th day of November 2004, by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the "City" or "Owner" and Josh Wiener, located at 865 Mcintire 51., Boulder, CO 80303, hereinafter referred to as the "Artist" WITNESSETH, that the City of Wheat Ridge and the Artist agree as follows: ARTICLE 1 - SERVICES The Artist shall serve as the City's contractor and provide as a minimum all of the services and products required for a ART SCULPTURE, as per the attached scope of work. The Artist will design, fabricate, install and document the following WORK. Title:_"What Has Stood Shall Always Be" Dimensions and medium: Granite area will be approximately 45feet long, an average of 15 feet wide, ranging up to 5 foot high. Marble component will be 14 feet wide, 5 foot high, 3 foot deep Cement trunk will be 45 feet long, starting at 5 foot wide and then thinning down to 3 feet 12 inches tall The permanent location for the work shall be: 3705 Jay Street, Wheat Ridge CO 80033 _ The Artist shall perform all services and furnish all supplies, materials and equipment as necessary for the design, execution, fabrication, transportation and installation of the Work. Anticipated requirements for site preparation are BYTHE ARTIST. There are no anticipated requirements for the site preparation by the City 1 1 Execution of the Work a. The Artist shall complete the fabrication and installation of the Work in substantial conformity with the design as recommended by the art selection committee and approved by the City b Prior to implementation of any changes in the Work, the Artist shall present to the City in writing for further review and approval a thorough description of such proposed changes A significant change is any change affecting the scope, intent, design, color, size, material or location of the work not permitted by, or not in substantial conformity with, the approved design. Significant changes shall also include those affecting the installation, scheduling, site preparation or maintenance for the Work or the concept of the Work as represented in the approved design. Following receipt of the required description of proposed change(s}, the Parks and Recreation Director shall determine which changes shall be considered "significant," and retains the right to approve or disapprove changes suggested by the Artist. The Artist may implement change only with prior written agreement from the City ~TTACHMENT 1 c. The City shall have the right to review the progress of the Work at reasonable times, and with advance notice, during the fabrication thereof d. The Artist shall complete the Work and installation thereof by Mav 28, 2005 in accordance to Section 1.2 Delivery and Installation below e, The Artist shall provide to the City a written plan of installation of the Work on site. This written plan shall be provided five (5) working days prior to the date of initial installation referenced in section 1.2 (d). The written plan shall include the following information. Specifications for installation, and specifications for site preparation, including materials needed to site preparation or any physical alteration of the site as contemplated by the Artist. In the event that the Work and the installation are not completed by the 31st day following said installation date, the Artist shall incur a penalty of fifteen percent (15%) of the balance still remaining due the Artist upon completion and installation under this contract. For each 31-day period that passes thereafter, without completion and installation of the Work, the Artist shall incur an additional penalty of fifty percent (50%) of the remaining balance due. The Artist may request an extension of time from the City up to thirty (30) days before the originally agreed upon installation date. If an extension is granted, a new installation date shall be agreed upon in writing and the above penalty shall apply if the new completion and installation dates are not met. 1.2 Delivery and Installation a, The Artist shall notify the City in writing when fabrication of the Work is completed, and the Artist is ready to deliver the Work and install it at the Site b The Artist shall deliver and install the completed Work at the Site. -- c. The Artist shall be responsible for all expenses, labor and equipment to prepare the site for the timely installation of the Work, unless through prior arrangement the City agrees to assume responsibility for one or more of the costs required for site preparation 1.3 Post-Installation a. Within forty-five (45) days after installation of the Work, the Artist shall furnish the City with the following photographs of the Work as installed: (i) One (1) CD of digital photographs of the completed Work, one taken from each of three different viewpoints. b The Artist shall also furnish the City with a full written narrative description of the Work. c The Artist shall provide to the City, written instructions for appropriate maintenance and preservation of the Work. d. The Artist shall provide and install an identification plaque for the Work. The written contents of the plaque shall include the following information. What Has Stood Shall Always Be (Title of Work) 2005 (Year) Josh Wiener (Artist's Name) Boulder, Colorado (Artist's City and State of residence) (State of Residence) Commissioned for the City of Wheat R~Cultural Commission The plaque shall be of such medium and design as to be appropriate to the Work itself and the permanent location of the Work. The plaque or an additional plaque should also contain the narrative presented to the Art Selection Committee entitled "''What has stood, shall always be" 1 4 Final Acceptance a. The Artist shall advise the City in writing when all services required including those described in Section 1.3 (Post Installation) have been completed b The City, or an authorized representative, shall notify the Artist in writing of its final acceptance of the Work. c. Final acceptance shall be determined solely by the City and shall constitute the City's acknowledgement that the Work has been completed and installed according to the terms of this Agreement. d. Title of ownership of the Work shall pass to the City upon final acceptance. 1.5 Ownership of Documents and Models Upon final acceptance, all studies, drawings, designs, maquettes and models prepared and submitted under this Agreement shall be returned to the Artist and shall belong to the Artist except as may be determined under Article 13 a., (Termination) below ARTICLE 2 - TERM _ The work to be performed under this Agreement shall commence upon City approval and receipt of signed agreement. The term for this agreement is through July 15, 2005 The Artist may request an extension of time from the Parks and Recreation Director up to 30 days past the due date. ARTICLE 3 - PAYMENT AND FEE SCHEDULE The City shall pay the Artist a fixed fee of $34,500 which shall constitute full compensation for all services and materials to be performed and furnished by the Artist under this Agreement. The fee shall be paid in the following installments, expressed as percentages of such fixed fee, each installment to represent full and final nonrefundable payment for all services and materials provided prior to the due date thereof a. _30 percent ($ 10.350. ) upon approval by the City and signing of this Agreement by all necessary parties. b 30 percent ($ 10.350,) upon completion of half the required construction or creation of the Work, including necessary site preparation, upon approval by the Parks and Recreation Director or an authorized representative. c. 20 percent ($ 6.900 ) upon completion of the Work and preparatory to installation of the Work , upon approval by the Parks and Recreation Director or an authorized representative d _20 percent ($ 6.900. ) after final acceptance of the installed Work and receipt of the photo documentation, final work description and maintenance instructions by the City, as described in (Post Installation). In order to receive all except the initial payment which will be made automatically after all parties have signed this contract, the Artist shall submit a written billing or invoice to the City when each of the last 3 two stages outlined above has been reached The invoice shall be signed by the Artist, contain photographs documenting that the required work has been completed and include a signed payment request form The City shall have sole responsibility for determining when the Work has reached a given stage of completion The parties agree that no interest or other costs shall accrue on the fixed fee at any time during the operation of this contact. ARTICLE 4 - INDEPENDENT CONTRACTOR A. In performing the work under this Agreement, the Artist acts as an independent contractor and is solely responsible for necessary and adequate worker's compensation insurance, person injury and property damage insurance, The Artist, as an independent contractor, is obligated to pay federal and state income tax on monies earned The personnel employed by the Artist are not and shall not become employees, agents or servants of the City because of the performance of any work by this Agreement. B The Artist warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for him, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than bona fide employees working solely for the Artist, any commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City will have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee ARTICLE 5 - INSURANCE INSURANCE The successful Artist shall, during the term of this Agreement and until completion thereof, provide and maintain the following types and minimum insurance coverages as follows Tvpe of Insurance Minimum Limits of Liability Standard Workers' Compensation & Employers' Liability Including Occupations Disease Coverage Statutory in conformance with the compensation laws of the State of Colorado Comprehensive General Liability Insurance $250,000 each person; $1,000,000 each occurrence Comprehensive Automobile $250,000 each person, Errors and Omissions $1,000,000 each occurrence The Artist shall effect the insurance policies in a company or companies and in a form satisfactory to the City Before commencing any performance under this Agreement, Artist shall deliver, to the City, Certificates of Insurance issued by the insurance company, and/or its duly authorized agents pertaining to the aforementioned insurance, and certifying that the policies stipulated above are in full force and effect. All policies and/or Certificates of Insurance shall include each individual entity as an additional named insured Nothing herein shall be deemed or construed as a waiver of any of the protections to which the Agencies may be entitled pursuant to the Colorado Governmental Immunity Act, sections 24-10-101, C R.S , as amended 4 Workers' Compensation Insurance - The Artist shall provide workers' compensation insurance coverage for all persons employed to perform the work and assure that all workers will receive the compensation for compensable injuries A copy of the workers compensation policy is required to be submitted to the City as part of this Proposal. Professional Liability Insurance - Evidence of Professional Liability Insurance is required ARTICLE 6 -INDEMNIFICATION The Artist 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 Artist to provide services pursuant to the terms of this Agreement. ARTICLE 7 -WARRANTIES OF QUALITY AND CONDITION The Artist represents and warrants that: a. the Work, as fabricated and installed, will be free of defects in material and workmanship, including any defects of "inherent vice" or qualities which cause or accelerate deterioration of the Work; and b reasonable maintenance of the Work will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist to the City according to Section 1.3 (Post-Installation). - The warranties described in this Section (Article 7) shall survive for a period of three (3) years after the final acceptance of the Work. The City shall give notice to the Artist of any observed breach with reasonable promptness The Artist shall, at the request of the City, and at no cost to the City, cure reasonably and promptly the breach of any such warranty, which is curable by the Artist and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Work). ARTICLE 8. REPRODUCTION RIGHTS 8.1 General The Artist retains all rights under the Copyright Act of 1976,17 U S C sec. 101 et seq., and all other rights in and to the Work except ownership and possession, except as such rights are limited by this Section 8.1 In view of the intention that the work in its final destination shall be unique, the Artist shall not make any additional exact duplicate reproductions of the final Work, nor shall the Artist grant permission to others to do so except with the written permission of the City The Artist grants to the City and its assigns an irrevocable license to make photographic or graphic reproductions of the Work for non-commercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity and catalogs or other similar publications, provided that these rights are exercised in a tasteful and professional manner, and the Artist is duly credited as per section 8.2 (Notice) below 8.2 Notice All reproductions by the City shall contain a credit to the Artist and a copyright notice substantially in the following form "Copyright, (Artist's name), date of publication." 8.3 Credit to City The Artist shall use his/her best efforts to give a credit reading substantially as "an original work 5 owned and commissioned by the City of Wheat Ridge" in a public showing under the Artist's control of reproductions of the Work. ARTICLE 9. ARTIST'S RIGHTS 9.1 Maintenance The City recognizes that maintenance of the Work on a regular basis is essential to the integrity of the Work. Therefore it has contractually agreed to assure regular maintenance according to the instructions supplied by the Artist under Section 1 4(c) (Post-Installation) and shall reasonably protect and maintain the Work against the ravages of time, vandalism and the elements. 9.2 Repairs and Restoration a. The City shall consult with the Artist as to all reasonably necessary repairs and restoration, which the City shall then make. The costs associated with said repairs and restoration shall be borne by the City The City shall consult with the Artist as to recommendations with regard to all repairs and restoration made during the Artist's lifetime. Following the demise of the Artist, the City will first determine if the Artist assigned a director of conservation through the process of a legal will, and secondly, (failing such provision), secure a bona-fide expert in conservation relative to the scale and media of the artwork in question. To the extent practicable and in accordance with recognized principles of professional conservation, the Artist, or his/her representative shall be given the opportunity to accomplish such repairs and restoration and shall be paid a reasonable fee for any such services b At any point after delivery and installation of the Work. the Artist may inspect the Work and shall notify the City in writing as to the necessity of any repairs After consultation with the Artist, the City shall make the final determination of whether repairs are needed -- 9.2 Alteration of Work a. The City agrees that it will not consent to intentional alteration, modification, change, destruction of or damage to the Work by the City without consulting the Artist. This stipulation includes outright removal or change in location resulting from public or private opinion regarding the Work. The City has bound itself to seek such consent from the Artist. "Alteration" of the Work includes, but is not limited to, a change in the interrelationship or relative locations of parts of the Work. b In the event of any alteration or damage, whether intentional, accidental the control of the Artist shall have, in addition to any remedies he/she may have had in law or equity under this contract, the right to disclaim authorship of the Work, and upon written request of the Artist to the City, the City shall remove the identification plaque at its own expense. The Artist may take such other action as he/she may choose in order to disavow the Work. 9.3 Alteration of the Site a. As per the stipulations in Section 9.2(a) (Alteration of the Work), the City shall notify the Artist of any proposed significant alteration of the site by the City that would affect the intended character and appearance of the Work. The City shall consult with the Artist in the planning and execution of any such alteration. b The City shall mediate any disagreement between the Artist and the City concerning future site development plans. The City agrees to use its best efforts to accommodate the interest of both the Artist and the City If said disagreement cannot be resolved to the satisfaction of the Artist, he/she may remove the public notice referred to in Section 1 4 (Post-Installation) and upon his/her written request the City may no longer represent the Work as that of the 6 Artist. In the event such disagreement arises, and the written requirement as provided for above is submitted and honored, the Artist shall not be entitled to any Resale Royalty as may otherwise be due according to Section 9.6 (Resale Royalty) below 9 4 Permanent Record The City shall maintain on permanent file a record of this agreement and of the location and disposition of the Work. 9 5 Artist's Address The Artist shall notify the City of changes in his/her address The failure to do so, if such failure prevents the City from locating the Artist, shall be deemed a waiver by the Artist of the right subsequently to enforce those provisions of Article 9 that require the express approval of the Artist. The City shall make every reasonable effort to locate the Artist when matters arise relating to the Artist's rights 9 6 Resale Rovalty As is traditional in the arts industry, the City agrees that if in the future, the Work is sold during the lifetime of the Artist, the City shall within thirty (30) days of that sale pay the Artist a sum equal to fifteen percent (15%) of the appreciated value of the Work. For the purposes of this agreement, appreciated value shall mean the actual sale price received by the City for the Work, less the original purchase price as stated in this Agreement. Nothing in this Agreement shall be construed to impose any obligation on the City as to the method of sale or disposal. Upon sale of the sculpture by the City, the City shall incur no further obligations hereunder 9 7 Survivinq Covenants -- The covenants and obligations set forth in this Article 9 shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferee and all their successors in interest, except as provided in Section 9.6, and the City's covenants do attach and run with the Work and shall be binding to and until twenty years after the death of the Artist. The City shall give any subsequent owner of the Work notice in writing of the covenants herein and shall cause each such owner to be bound thereby. 9.8 Additional Riqhts and Remedies Nothing contained in this Article 9 shall be construed as a limitation on such other rights and remedies available to the Artist under the law which may now or in the future be applicable. ARTICLE 10 - EQUAL EMPLOYMENT OPPORTUNITY A. The Artist shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Artist shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to their age, race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following' employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship, The Artist agrees to post in conspicuous places, available to employees and applicants for employment, notices provided by the local public agency setting forth the provisions of this nondiscrimination clause B The Artist will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials 7 ARTICLE 11 - CHARTER, LAWS AND ORDINANCES The Artist at all times during the performance of this Agreement, agrees to strictly adhere to all applicable Federal, State and Local laws, rules, regulations, and ordinances that affect or govern the work as contemplated under this Agreement. ARTICLE 12 - LAW AND VENUE The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this Agreement. The parties agree that exclusive venue and jurisdiction for disputes regarding performance of this contract is with the District Court of Jefferson County, Colorado ARTICLE 13 - TERMINATION The services to be performed under this Agreement may be terminated by either party, subject to written notice submitted thirty (30) days before termination, provided that attempts to reconcile the reason for termination have been undertaken but failed. The notice shall specify whether the termination is for convenience or cause. a. If either party to this agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate any of the covenants, agreements or stipulations material to this Agreernent, the other party shall thereupon have the right to terrninate this Agreement by giving written notice to the defaulting part of its intent to terminate specifying the grounds for termination The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then, this Agreement shall terminate In the event of default by the City, the City shall promptly compensate the Artist for all services performed by the Artist prior to termination In the event of default by the Artist, all finished and unfinished drawings, sketches, photographs and other work products prepared and submitted or prepared for submission by the Artist under this Agreement shall at the City's option become its property, provided that no right to fabricate or execute the Work shall pass to the City, and the City shall compensate the Artist pursuant to Article 2 (Compensation and Payment Schedule) for all services performed by the Artist prior to termination. Notwithstanding the previous sentence, the Artist shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Artist, and the City may reasonably withhold payments to the Artist until such time as the exact amount of such damages due the City from the Artist is determined -- b If such termination is for the convenience of the City, the Artist shall have the right to an equitable adjustment in the fee (without allowance for anticipated profit or unperformed services), in which event the City shall have the right at its discretion to possession and transfer of title to the sketches, designs and models already prepared and submitted or prepared for submission to the City by the Artist under this Agreement prior to the date of termination, provided that no right to fabricate or execute the Work shall pass to the City c. If such termination is for the convenience of the Artist, the Artist shall remit to the City a sum equal to all payments (if any) made to the Artist pursuant to this Agreement prior to term ination. All work accomplished by the Artist prior to the date of such termination, shall be recorded and tangible work documents shall be transferred to and become the sole property of the City prior to payment for services rendered. 8 ARTICLE 14- NOTICES Notice or communication given pursuant to this Agreement shall be made in writing to For the City of Wheat Ridge- Joyce Manwaring 4005 Kipling Street. Wheat Ridge, CO 80033 Phone. 303-231-1308 Fax 303-231-1350 ' For the Artist- Joshua Wiener, 865 Mcintire St. Boulder, CO 80303 (303) 929-9123 ARTICLE 15 - ASSIGNMENT AND SUBCONTRACTORS The duties and obligations of the Artist arising hereunder cannot be assigned, delegated, nor subcontracted except with the express written consent of the City The subcontractors permitted by the City shall be subject to the requirements of this Agreement, and the Artist is responsible for all subcontracting arrangements and the delivery of seNices as set forth in this Agreement. The Artist shall be responsible for the performance of any sub-contractor ARTICLE 16 -SEVERABILITY To the extent that the Agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the Agreement, the terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. ARTICLE 17 -INTEGRATION OF UNDERSTANDINGS - This Agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force and affect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in writing and signed by an authorized representative of the City and the Artist. ARTICLE 18 - AUTHORIZATION Each party represents and warrants that it has the power and ability to enter into this Agreement, to grant the rights granted herein and to perform the duties and obligations described herein. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) originals, each of which shall be deemed an original on the date first written above. ATIEST OWNER PAMELA Y ANDERSON, CITY CLERK City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 (303) 234-5900 DATE MAYOR GRETCHEN CERVENY (Seal) 9 APPROVED AS TO FORM: ~twc.... V:&'\er ARTIST ~"- W:e'ler Slone Scvlp~ COMPANY NAME ~"S me ..Ld--.'te Sf. ADDRESS [lvlJ.er Co!O{Qdo ~TJJ ( f&i{~/ AUTHORIZED SIGN'ATURE ~ tJ:elter PRINT NAME Se-u I dOl TITLE I GERALD DAHL, CITY ATTORNEY ATTEST NAME TITLE DATE - 10 Joshua Wiener 865 McIntire Street Boulder, Colorado 80303 (303)447-2396 home (303)908-2396 mobile flowcus@)yahoo.com Timeline November 22 start project first payment March 18th Complete marble carving second payment March 21st Sight prep March 28th stone delivery and installation April 11th form work foundation soil levels third payment - May 2nd pour cement/treatment/cold work May 9th restoration and signage May 27th complete and sign off final payment Oct 12 04 02:46p p.l CERTIFICATE OF INSURANCE This certifies that r8l o o o o STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below Policyholder Josh Wiener STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida Address of policyholder 3567 Walnut St Denver, co Location of operations Description of operations The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies IS subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date : Expiration Dale (at beginning of policy period) New Application ComprehenSive 11/09/04 11/09/05 BODILY INJURY AND Business Liability PROPERTY DAMAGE .. - - - - ~ - - - - - - - - - - - - - - - - - ~ - - -. "~- "'-roduct;;- ~ Com-pleted -6perations"" - - -"" -" - - - - ---- -- -" - - --.- This insurance includes: r8I Contractual Liability l:8l Underground Hazard Coverage Each Occurrence $1,000,000 L8l Personal Injury o Advertising Injury General Aggregate $ 2,000,000 o Explosion Hazard Coverage o Collapse Hazard Coverage Products - Completed $ 0 Operations Aggregate 0 POUCY PERIOD BODILY INJURY AND PROPERTY DAMAGr: EXCESS LIABILITY Effective Date : Expiration 0aIe (Combined Single Limit) o Umbrella Each Occurrence $ - o Other Aggregate $ Part 1 STATUTORY Part 2 BOOIL Y INJURY Workers' Compensation and Employers Liability Each Accident $ , Disease - Each Employee$ Disease - Policy Limit $ POLICY PERIOD LIMITS Of LIABILITY POUCY NUMBER TYPE Of INSURANCE Effective Date : Expiration Date (at beginning of policy period) THE CERTIfiCATE OF INSURANCE IS NOT A CONTRACT Of INSURANCE AND NEITHER AfFIRMATIVELY NOR NEGATIVELY AMENDS. EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. If any of the described policies are canceled before its expiration date, State Farm will try to mail a written notice to the certificate holder 30 days before cancellation If however, we fail to mail such notice, no obligation or liability will be imposed on State Farm or its agents or representatives ~~'I~ \A.,./ /lA...<-., S. e of Authorized R~~ve Agent Tolle Agent's Code StamM I L E HI G H HELEN l WAGNER INS AGY, INC 06.2240 ".0 C"ffA T1RONS F626 Name and Address of Certificate Holder City of Wheatridge ATTN: Joyce Manwaring 4005 Kipling St Wheatridge, CO 80033 10(12/20 Dale ~994 9,4 11-12-2002 Printed in U,S.A, " -' - ' "'What has stood, shall always beN' ,..,..,. ,. c tl fA EM'" 2. . Founders' Park Public Art Project Wheat Ridge, Colorado "What has stood, shall always be" Overview of Visual Presentation By Joshua Wiener July 28, 2004 Wednesday 9:15 a.m. ~ ~ ~ . . . . . ~ . ~ ~ ~ ~ , ~ I I I I t ~ I I , t ~ I I I I '~at has stood, shall always be" Flowing rivers sing the world's inexhaustible song. In nature, we can see how the mighty tree gives to all that encounter it from birth to decay. Its effect will be fossilized by this sculpture. The space I am proposing to put a sculpture in suggests that it was built around a fallen tree. The fiber mulch serves as another indicator of what has stood in this space. By creating this sculpture in perfect harmony with the shape of the space, we can claim the final piece in this beautiful park. This mighty tree has fallen and revealed its secrets to us. The story of this tree is also the story of all life. The leaves have turned to stone, and the trunk sheds layers to reveal it's inner most secret. A river runs through the core of its life as well as the core of all land creatures. Our connection to the river is so embedded in us we need only to suggest it to evoke our primal knowledge. Weare the river as is the tree. It is reflected in our capillaries and defined by the percent of water in our bodies. It is the provider of clean water, the feeder of deep roots, and the tickler of unborn seeds. - In the roots, we see the rush of life. Hawks and fish both symbolize consciousness so they are applied in the front of the river. The wave of the roots is pushing through all life in search of continued existence. The structure of the tree mimics the topography of a mountain range. The roots drive deep into the earth, as the river has it's footing in the ocean. The mass of the trunk runs across great expanses then branches up into valleys. At each divide, the pathway thins and the branches are turned to trickling creeks. The highest branches wave at the top of the mountain, basking in the rich sunlight. The rivers and the trees have similar things on their minds, let it rain. Artist Statement I have been challenged to find the hidden reason for this shape. It has a heart that simply needed to be revealed. "What has stood, shall always be" has been created to embody the defining reason for the shape of the sight at Founders' Park. I needed something here that held the appropriate weight in size and concept. Everything about this space cried for the immora'1ized tree. In this project I will provide materials and skill to create a work of art that exceeds the budget. Being an emerging artist, I am eager to gain a foothold in the community. This project has the potential to become my showpiece, so I am pooling my resources for a remarkable outcome. I already own the stone, which enables me to do this project while still making a profit. The direction I am going with my art can be highlighted in this project. I am an artistic network. I am going to bring people together in a way that is co-supportive and co-beneficial. I display this in my non-profit arts organization and will be displaying it more and more in my art - My goal is to show what will happen as we learn to work together. I am striving in this opportunity to display my capacity to network while bringing something fresh to the Denver area. I am an emerging artist with a substantial history of public art experience. I have been hired to work on some of the states most significant works of art. I have also been hired to work in Japan two separate times, first to help create a piece that went into a museum and second for a public park and a sacred spring. My work is steeped in such a wide range of teclmiques that I am completely comfortable taking on any project. This piece suggests our interaction with nature. By creating a sculpture that evokes a sense of curiosity, I think that we will stimulate the imagination with an aesthetically pleasing sculpture. - , , , , , \ ~ ..oJ ..... !tl ~ ~ ...-0 ~;; ~o tG~ EO t ..... ?" ~ o ..... .... V Q1 tJ':l , tZJ tZJ o 10I U -5 "a ~~ ~ to . ~ . . \ ....' " " ~ \ ~ ;/ . . . ( , , , . . , I , ~ .e .fr e 'is) ~~ i '\. ~ ~ ~ - ~ .... Q,l ~ 8 ~ .~ t/l -0 ~ ... .2 1:0 ..... ~ ... /1 Budget Artist Design Fee Artist fee for complete project Professional Consultation Fees Engineer Materials & Supplies Stone & Shipping (including delivery to site) Concrete (form work, rebar, and dye) Ground Fabric, Tarps, Safety fence Pin-stock Sub-total Fabrication Sculphtre - Installation & Labor Bob-cat (one month) Site-prep (one week) Site Restoration (one week) Sub-contractor Installation of Stones and Sculpture Sub-total Photographic Documentation Slides & Photos Insurance Insurance for length of project Plaque Stone Plaque with detailed project description Administrative Studio and telephone Contingency Total $ 2,050 $ 1,000 $4,500 $ 6,200 $ 225 $ 50 $10,975 $ 6,000 $ 1,935 $ 1,625 $ 2,320 $ 1,845 $ 1,600 $ 9,325 $ 100 $ 500 $ 100 $ 1,000 $ 3,450 $34,500 :r: :0' :r ~ '" If> tt] c :T (h c g: s: If> o' => L:: 1 _.~ N ... Q ~' ~ ~ &' '3 ~ ,. ~ ! a: - ~ a '" ~ If> , " ' v..~ \ \\ ~f{\\ 3=> ',. 3 g \', ";'. 5g~t...'L"; --0 . <=> ~o ;a m ~ , I ,,' Ii , ~r; L,~. ';:c5 ~~~ 'tl1'm ~r -& ~ ~ ATTACHMENT 3 m < '" .;; " " , -< ~ ~ :Il' (1)1 '" g:: ~ ~. en iW< III ~" llt if II f i~ ~~ : r~~ '..,1 ,. :1 ! i: ,. City of Wheat Ridge Office of the City Council Memorandum ~~ ~~7 ~~, FROM. Pam Anderson, City Clerk ~ TO' Mayor & City Council; Randy Young, City Manager DATE. November 4,2004 SUBJECT: Options for Proposed Council Rule Changes The amendments for the Council Rule Changes submitted on October 25,2004 includes scheduled First District Meetings in the months of March, June, and September The September First District Meeting falls on the Labor Day holiday Therefore the following options have been provided for your consideration: c ') (V\ ('" '-../ ---.J Replace Section A. (3) with. ~llY / "Quarterly Fint MOIIday Distrirt Mc:dirtgs are to be held at . place to be I ~u~\ .announced COIRmenciug at 7:00 p.IIL the lint M6!ula, iD MIIrd. .hm4 0dtJber. tUUl ~ 'Det:eJnbt!r. On the f'tnt Monday of Juae ao Au"'" TOW'll Meetiag may be heId." S~RePlace Section A. (4) with. "Study Sessions are the first (1 zt) and third (3M) Monday of each month at 6.30 {' (-J,,\,(j"" p.m., excluding dates on which a Quarterly Monday District Meeting ~ .) or Town Meeting is scheduled." " )\, '" " "(~l Section C. STUDY SESSIONS. \ "Each item on the agenda shall be limited to forty-five (45) minutes. Time may \ be extended for an agenda item by a majority consensus vote of Council Members present." r , [1,\" )-J, \j I'^\~ c' OPTION A. OPTION B: ~ $-0 Replace Section A. (3) with: "Quarterly First Monday District Meetings are to be held at a place to be announced commencing at 7:00 p.m. tbe first Monday in February, May, and November. The August First Monday District Meeting may be scheduled as Annual Town Meeting." Replace Section A. (4) with. "Study Sessions are the first (l zt) and third PM) Monday of each month at 6.30 p.m., excluding dates on which a Quarterly Monday District Meeting or Town Meeting is scheduled." Repeal Section C STUDY SESSIONS "Each Item on the agenda shall be limited to forty-five (45) mmutes Time may be extended for an agenda item by a maJonty consensus vote of Council Members present." The recommended motIons for consideration are y Move to Amend Council Rules and Procedures as submitted, effective immediately y Move to amend Council Rules and Procedures OPTION A, effectIve Immediately )0> Move to amend Council Rules and Procedures. OPTION B, effective Immediately / ) " , ( , " J ::E f- ......I U <r: M M ''1 I.l.l M ...... M rr, ''1 ::r: M M ''1 ::L: M ~ ''1 M ''1 0 0 0 f- 0 0 0 0 22 0 0 0 Z U 0 @ f- 0 ~ 0 0 Z~OO X 00 00 I.l.l 00 Vl 00 00 00 ~f-,," ...... 0 oSO 0 0 0 0 0 0 I.l.lf-"" QujO <r: 0 Zf-O Vl'ti:U f- U U U --Vl~ ~ujU f- - ~>U ~ U OVlU --1 --1 f- ' f- Vl P:)Q~ ::L: > ' --1VlN ~ <r:f-0 jf-~ <r:......Io I.l.l<r:uj OVl0 VlQuj <r: ~Vla f-ZOO Q<r:a ~......IOO f-O 0 :::JZO I.l.l ~I.l.lQ ::EVlO (.J..VlQ Z<r:O ~J: Q .-J<r:0 <r:Z Q ::r:......IO ~<r:Q I.l.lP:)Q I.l.l--1U <r:f- __ OQU ~ ('I ::r:......IQ Vl >--Q-- ::E ~ ' lrl C2 f-<r:...... 1.l.l:J@ ~ I.l.l~@ zp:)@ zl.l.l~ ::r:::;:~ ~Zc2 ~O~ ......I<r:f- <r:0f- ol.l.lf- I.l.ll.l.l~ U~f- ol.l.ll.l.l >--~f- cj~~ ::::J0f- ::E ......~<r: ......Izl.l.l @ <r: :J_<r: Vl::r:<r: O><r: f-~<r: U > -,::L:> cId .0 I.l.l Q<nl.l.l .0 I.l.l .0 Z . <n I.l.l . ~ Z ......Iol.l.l Vl<nl.l.l Vlol.l.l ~M::r: Vl-::r: ~,,"::r: ~001.l.l ~ ('I ::r: ~Ol.l.l <r:~::r: ~O\::r: ~~::r: 0::: ::E~~ ::E::;:~ ::E:;g:~ ::ERlQ ::E;;6~ ::E;;;Q ('I ~ ::E~~ ::E~~ ::E >- 0- 0 - f- p-. M "" <r: <'1 <'1 M <'1 <'1 M Z M <'1 M ::r: <'1 M rii <'1 0 0 ''-0 ~ 0 0 0 0 0 0 0 0 ~I.l.lN 0 0 f- 0 0 0 00 Vl 00 Vl > ('1 I.l.l 00 00 ~ 00 00 Q 00 ~o I.l.l 0 Z ,In N<r:o Z '0 0 0 0 ~u.io Q 0 ......IU ::r: U <r:1.l.l- ......I 00 ~I.l.lU I.l.lf-U ~ U I.l.l U Vll.l.l U >>~ O<r:O ::::J> , O>U ::r: ' , :::<::> ......I ' <r: u.i p-'f-U f-<r:1.l.l QVlu.i <r: I.l.l Z<r:u.i Z<r: <r:1.l.l I.l.l<r:oo ~......I1.l.l ::cO ' 0 E-i; 0 25 0 , 1.l.lJ: 0 ......IVlO Clf-O VlJ: 0 p-.O I.l.l= I.l.lMQ :::<::Q Vlf- Q ............IQ >-- f-o Q <r:VlQ -, ~ Vl8 Vl-U ><r:O ......00...... ~......I...... ::::JVlQ O~ ~~ >--@ I.l.l <'1 , ::::J <'1 ~ Z<r:o::: <r::::<::@ U,,";:Z ......::E...... ~<n ~QO :J::EO::: 8~ <r:f- <r:Xf- ~~~ <r:~~ O~f- <r:0f- ......I<r:f- ~~f- ~<r: --1 <r: Q25<r: UO<r: ............f- ::EO<r: I.l.lo> ::E I.l.l Z<n<r: ~Vl<r: Q<n ol.l.l p:)1.l.l , r-- Z ' <n :::<:: Vl'-01.l.l , '-0 I.l.l VlOI.l.l <nl.l.l , <n I.l.l , 00 '-O::r: VlO::r: ~<nl.l.l ~oo<r: ~~::r: ~o-::r: O:::<n::r: Vl-::r: ~N::r: ~oo ;'t;~ ::EP-.~ ::E 01 ::E~--1 ::E:::~ ::E~~ ::E~~ ~:::~ ::E~~ ::E::: -Q lTEMNO' ~ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE November 8,2004 TITLE: REVISION TO THE COUNCIL RULES AND PROCEDURES REGARDING SECTION A. (3), SECTION A. (4) AND SECTION C. STUDY SESSIONS UNDER TYPES OF MEETINGS. o PUBLIC HEARING [:8;] BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date _) o ORDINANCES FOR 2ND READING Quasi-Judicial. 0 [:8;] Yes No City~ City Clerk EXECUTIVE SUMMARY: - By request of Council President Sang, a general discussion of the current Council Rules and Procedures has been brought forward. City Council may review the Rules at any time upon request of any member of Council. It is proposed that the Council Rules and Procedures be revised to change three sections under the heading of TYPES OF MEETINGS Under "Elected Officials Matters" at the October 25,2004 City Council Meeting it was announced by Council President Sang that Proposed Council Rule changes had been distributed. One amendment establishes First Monday District Meetings as quarterly with one quarterly Distnct meeting scheduled as an annual city-wide town meeting. Another amendment establishes City Council Study Sessions on the first and third Monday of each month. The final amendment eliminates the forty- five (45) minute time limit for each Study Session agenda item. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The following amendments were submitted to Council on October 25, 2004 Replace Section A. (3) with. "Quarterly First Monday District Meetings are to be held at a place to be announced commencing at 7:00 p.m. the first Monday in March, September, , and December. The June First Monday District Meeting may be scheduled as an Annual Town Meeting." Replace Section A. (4) with. "Study Sessions are the first (1st) and third (3rd) Monday of eacb month at 6:30 p.m., excluding dates on which a Quarterly Monday District Meeting or Town Meeting is scheduled." Repeal Section C STUDY SESSIONS "Each item on the agenda shaD be limited to forty-five (45) minutes. Time may be extended for an agenda item by a majority consensus vote of Council Members present." Options may be considered to schedule the District meetings in alternate months due to the Labor Day holiday in September. (See Attachment 1) The recommendation is to adopt OPTION A for Council Rules because the Quarterly District Meeting scheduled for October, rather than November would allow for more time before an election day Additionally, the Annual Town meetmg would be scheduled closer to rrud-year in June as opposed to August. ALTERNATIVES CONSIDERED: Amend the Rules as submitted. Amend the Rules according to alternate options proposed in Attachment 1 Not to amend the Council Rules and Procedures. -- FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "I move to amend the Council Rules and Procedures as submitted on October 25, 2004, to take effectively immediately" or, "I move to amend the Council Rules and Procedures Option , to take effective immediately" Or, "I move to deny the submitted amendments to the Council Rules and Procedures." Report Prepared by' Pam Anderson, City Clerk Attachments: 1 Proposed Options to Council Rules and Procedure Amendments. City of Wheat Ridge Office of the City Council Memorandum TO: Mayor & City Council; Randy Young, City Manager FROM: Pam Anderson, City Clerk DATE: November 4, 2004 SUBJECf: Options for Proposed Council Rule Changes The amendments for the Council Rule Changes submitted on October 25, 2004 includes scheduled First District Meetings in the months of March, June, and September. The September First District Meeting falls on the Labor Day holiday. Therefore the following options have been provided for your consideration: OPTION A: - Replace Section A (3) with: "Quarterly First Monday District Meetings are to be held at a place to be announced commencing at 7:00 p.m. the rant Monday in March, October, and Deeember. The June First Monday District Meeting may be scheduled as Annual Town Meeting." Replace Section A. (4) with: "Study Sessions are the first (1~ and third (3rd) Monday of each month at 6:30 p.m., excluding dates on which a Quarterly Monday District Meeting or Town Meeting is scheduled." Repeal Section C STUDY SESSIONS: "Each item on the agenda shall be limited to forty-five (45) minutes. Time may be extended for an agenda item by a majority consensus vote of Council Members present." OPTIONB: Replace Section A (3) with: "Quarterly First Monday District Meetings are to be held at a place to be announced commencing at 7:00 p.m. the first Monday in February, May, and November. The August First Monday District Meeting may be scheduled as Annual Town Meeting." Replace Section A. (4) with: "Study Sessions are the first (lit) and third (3rd) Monday of each month at 6.30 p.m., excluding dates on which a Quarterly Monday District Meeting or Town Meeting is scheduled." "TTACHMENT 1 Repeal Section C STUDY SESSIONS "Each item on the agenda shall be limited to forty-five (45) minutes. Time may be extended for an agenda item by a majority consensus vote of Council Members present." The recommended motIons for consideration are ? Move to Amend Council Rules and Procedures as submitted, effective immediately ? Move to amend Council Rules and Procedures: OPTION A, effective immediately ? Move to amend Council Rules and Procedures. OPTION B, effective immediately -- ITEM NO 81 REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE November 8, 2004 TITLE: ELECTION OF MAYOR PRO- TEM AND COUNCIL PRESIDENT o PUBLIC HEARING [:8;] BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date _) o ORDINANCES FOR 2ND READING Quasi-Judicial. 0 [:8;] Yes No Q~ Ity Clerk City~ EXECUTIVE SUMMARY: - The following is the current procedure in the Council Rules and Procedures for the annual election of Mayor Pro-tern and Council President: ~ During a regular City Council meeting in November, paper ballots for nominations of Mayor Pro-tem are distributed and then collected by the City Clerk, or their designee. The City Clerk tallies the nomination and announces the results. A motion is then in order )0> The same procedure then takes place for the election of Council President. ~ According to Section 3.2 of the Wheat Ridge Charter, the Mayor votes to break a tie in the formal motion. COMMISSIONIBOARD RECOMMENDA nON: N/A FINANCIAL IMPACT: N/A RECOMMENDED MOTION: FIRST MOTION (Mayor Pro-Tem) "1 move to appoint election of their successor " as Mayor Pro-Tern effective tmmediately, term to expire upon or, "1 move to deny the election of reasons as Mayor Pro- Tem for the following SECOND MOTION (Council President) "1 move to appoint election oftheir successor" as Mayor Pro-Tern effective immediately, term to expire upon or, "1 move to deny the election of reasons as Council President for the following Report Prepared by' Pam Anderson Reviewed by' Randy Young pa:pa ")(Yli~( tie y) #- /1) j #. LlI(llr){1I1(L. (l('lUIU.i (jtLt /ci- ~b' ~C0'j 13l^-1 :13- J(C~ CD 71'0 ( v 'kCV~\~ ~ L \^ \~C~j~ ~\~!~~ . I " \^'- c\rrt/1",~ ~(~\ \,\ , I ,I '\ ~' \"-';- ~ ~\ N C " ' 'u i\ k. 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A { I ...., ~ v B/f(}( h ~ IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl DATE: NOVEMBER 8, 2004 GENERAL AGENDA ITEM COMMENT ROSTER ANY PERSON MAY SPEAK CONCERNING EACH SUCH PERSON MUST SIGN THIS ROSTER, STATING NAME, ADDRESS, AND AGENDA ITEM NUMBER. THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO, A PUBLIC HEARING. MUST SIGN THE APPLICABLE PUBLIC HEARING ROSTER. <" NAME ADDRESS AGENDA ITEM NO. JQ nel/fJ Sho. V~r ~'XCf/) WI 3~41A.O --if=S CITY OF WHEAT RIDGE PUBLIC HEARING ROSTER AGENDA I'l'EM NO.2. PUBLIC HEARING BEFORE THE WHEAT RIDGE CITY COUNCIL CASE NO. COUNCIL BILL NO. 20-2004 'l'I'l'LE: COUNCIL BILL 20-2004 -AN ORDINANCE CONCERNING ANNEXATION PETITIONS YOUR NAME AND ADDRESS CHECK IN FAVOR OPPOSED IF YOU REED MORE ROOM PLEASE SIGN ON BACK OF PAGEl CITY OF WHEAT RIDGE PUBLIC BEAlUNG ROSTER AGENDA ITEM NO.3. PUBLIC BEAlUNG BEFORE 'l'HE WHEAT RIDGE CITY COUllCIL CASE NO. COUNCIL BILL NO. 21-2004 TITLE: COUNCIL BILL 21-2004 - AN ORDINANCE AMENDING SECTION 24-51 (g) AND ADDING NEW SUBSECTIONS (h) and (i) OF THE CITY OF WHEAT RIDGE CODE OF LAWS CONCERNING LOTS OR PARCELS ZONED FOR AGRICULTURAL OPE:RA TIONS YOUR NAME AND ADDRESS CHECK IN FAVOR OPPOSED IF YOU HEED MORE ROOM PLEASE SIGH OB BACK OF PAGE 1 DATE: NOVEMBER 8. 2004 PUBLIC COMMENT ROSTER ANY PERSON MAY SPEAK ON MATTERS OTHER THAN AGENDA ITEMS FOR A MAXIMUM OF THREE MINUTES, UNLESS ADDITIONAL TIME IS GRANTED BY AGREEMENT OF COUNCIL. EACH SUCH PERSON MUST SIGN THE PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT!!!!!!1! NAME ADDRESS TOPIC @~w @@(W~@~[S ~O~Mu@@ CITY OF WHEAT RIDGE, COLORADO November 8. 2004 Mayor Cerveny called the Regular City Council Meeting to order at 7 00 p m Councilmembers present: Karen Adams, Karen Berry, Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, and Mike Stites Also present: Deputy City Clerk, Christa Jones, City Manager, Randy Young, City Attorney, Gerald Dahl, Director of Community Development, Alan White, Director of Public Works, Tim Paranto, staff; and interested citizens APPROV AL OF MINUTES OF October 25, 2004 Motion bj, Mr DiTullio for the approval of the Minutes of October 25, 2004, seconded by ,~~~~) ':) carried '-b - a t \ .' PROCLAMATIONS AND CEREMONIES ,_I V\? Mayor Cerveny read.i Proclamation in Honor of Jaime Alonso Yrastorza. 1'. p ;,JJ 0\\;) \~ J~J G '\v 0 C\ uv"",~ _7 r fe ~ ,/) r ,t;1 CITIZENS' RIGHT TO SPEAK - APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Public Hearin,g on 2005 Budget. SCv. ,{\'~^. t\~10>~GL~' C~~ (~,,-J \" . I\..:, \ ... . j \\--.. \ f_~ IV! -0-',) u~ ~ ,\ f)" '- '0 ~ cr,'\-:K", 0 V---o '\i..:s-Q c \0X-c<' (") },..-v, \/\,' v,v...,'-, . J ) l ~~~C,,~ J \ ~r~,,\ ~ \J Item 2. COUNCIL BILL 20-2004 - AN ORDINANCE CONCERNING ANNEXATION PETITIONS Council Bill 20-2004 was introduced on second reading by Mr DiTullio Deputy City Clerk assigned Ordinance No \ 3~(i' j.,'i ')~" j h~'c v:.:.) '''\' ,\ /. I [ ,I \ 1 - r -~ ,,) (J '-~) -\.... '.o{~!('~'''-..-'v !VJ-I( )') t t'\;L/'J ~ \_ ., 1/ Motion by Mr DiTullio to approve Council Bill 20-2004 (Ordinance ') on secon,Si j.fi 1~ \ c) A- reading, and that it take effect upon adoption at second reading, seconded by 'd 0V j 4 1 carried ~ _ 0 V 'I, 0...) CITY COUNCIL MINUTES November 8, 2004 Page -2- '\ COUNCIL BILL 21-2004 - AN ORDINANCE AMENDING SECTION 24- 51 (g) AND ADDING NEW SUBSECTIONS (h) and (i) OF THE CITY OF '--- '/ WHEAT RIDGE CODE OF LAWS CONCERNING LOTS OR PARCELS '; ZONED FOR AGRICULTURAL OPERATIONS I) \( , "-" Council Bill 21-2004 was introduced on second reading by Mr Stites Clerk assigned ~y!\ Ordinance No I ~3:s , ~ \;. I ( , . 1,:\ I ~. I I'J, ,.;> f' (~A . ,'~ \""', \(~~I C ',,- F'"'J fl 0,~.J?~' ~~ /",,1-~' -1';") J -'-, \ ~ rJ I C Motion by Mr. Stites to approve Council Bill 21-2004 (Ordinancel))$) pn second reading I and that it take effect 15 days after final publication, seconded by ~ ,'I . Ili ' I (' carried \' 'JA/\X:.U\ C I \' " ( c' y ORDINANCES ON FIRST READING ~ 4' )1;;'" ,( l~);c~ 0Q'r, <:? ' \ ~ \~ ' \(J \Q -- L- I~/'\ J )?' \.9- } I\/C.) J -J,,'''/> Item 4. COUNCIL BILL 22-2004 - AN ORDINANCE AMENDING THE WHEAT I' ,-\ RIDGE CODE OF LAWS BY AMENDING SECTIONS 5-76,5-78,5-79 YJ-9,),\, AND 5-82 TO ADOPT THE 2003INTERNATIONAL~ CODES "'\ \\00 WITH AMENDMENTS AND ADOPTING SECTIONS 5-84, 5-85, 5-86 , \\j AND 5-87 TO ADOPT THE 2003 INTERNATIONAL ENERGY CONSERVATION CODE, 2003 INTERNATIONAL RESIDENTIAL CODE, 2003 INTERNATIONAL FIRE CODE, AND 2003 INTERNATIONAL FUEL GAS CODE WITH AMENDMENTS Council Bill 22-2004 was i,ntroduced on first reading by Iv 1\"1 1 Motion by \;~\J l' C\,):;v'--J~ to approve Council Bill 22-2004 on first reading, order it published, public hearing be set for December 13, 2004 at 7 00 P m in the City,Council Chambers, and that it take effect 15 days after final publication, seconded by Kd-c~ '\ ,carried f)- 0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 3. - 10~'k~~J I Item 5. RESOLUTION 27-2004 - AUTHORIZING SUBMITTAL OF THE APPLICATION FOR THE 2005 JOINT VENTURE/GRANT PROJECT TO JEFFERSON COUNTY OPEN SPACE - CLEAR CREEK TRAIL REPLACEMENT PHASE III f\\ ';-h' ~ c Resolution 27-2004 was introduced by \; I ''/, Motion by \,\V1\ ~h ~ to approve Resolution 27-2004, seconded by L )t~ carried (1 .. -+- ~ '\ s. c-J '''V'f~) ,'\C\..11CJ ' \ 'b~ Q CITY COUNCIL MINUTES November 8,2004 Page -3- Item 6. Award of Contract for Founder's Park Sculpture , ~- 11, Motion by ~'\ ~ ;1~ \,~ () to award the art sculpture contract for Founders' Park to Josh Wiener in the amount of $34,500 to be charged to Acct. No 32-601-800-862, seconded by V J ('1, I carried S - () , J'--0 , 1.1-'\ C\ / Item 7. Revision to Council Rules and Procedures regarding Section A. (3), Section A. (4) and Section C Motion by ,\,V'0> I S l\.\"\ ~'J ; to amend th~ Council Rules and Procedures as submitted on October 25, 2004, to take effect immediately; seconded by 0 ,A ,~) c^. ' carried S - 0 ,J--- 15,1 Ii 'I - Item 8. Election of Mayor pro-tem and Council President. ~~ \)\_\~- Motion by . ,\ ,~ ' , ,y...., CJ (\ Gt, L'- to appoint ',~" ''''") (5l<:.~s Mayor pro tem effective immediately; term to expire upon election of their successor; seconded bYj."\,^ -<- _ (J carried , ~- ~\- ::J D <- D (\,' c- "^ Motion by ~ \"'" -; \ ,,__./L \~' .J to appoint )r.Q/iY\ ~ c M as Council President effective immediately; term to expire upon election of their successor; seconded by a--8, '-, I ' (I ~ - 0 1 c-Jj l ,- ~U~ carried CITY MANAGER'S MATTERS ~o CITY ATTORNEY'S MATTERS ~~ 0 CITY COUNCIL MINUTES November 8, 2004 Page -4- ELECTED OFFICIALS' MATTERS G ,\ r ~. \. ) If C'\ ~~ I~ J - " ~-(\'n IG'1'~c.:'._ '^"I..l, . 0l'..1L'.J' \ .,--,.,\.<. ,\ \;1 \ I \~, ~, ,~J ," ", \l ',\J.-..; \~ -'; 'I' ~'" ~ ~v~ " ' .' ".!L '") ',.<.h<.. ,,' ~ 0 ".," \J v 1--<"" v -'<.. _~,,-,^,---': ,-0-,-"'.> -1-- 'J-'!l x,' > r,', '."C) , I," ,,^--,-) Mee\ing adjourned at~\'~\J pm \ j ~ (\",Cp'1l~ --+ (1\Q,\ \ "J~'J' I I , > I: . I" f"\ \ (', (Q \SA1- " ,'; Q ''117 I lj '~vJ \~ ' " , -c.' C (~ \ ' ~. \._~ \, 'I ~',,- l Christa Jones, Deputy City Clerk \ '-.A '-...A I \v ...A. , ( r r" I f\ ':\ \ ,~\,~',,(- ")! (}-^,,\h\9-~ -iJ \- " ., N 'I ,J \i -\ \ \\ , ~ " j Y) I '\L '0,\,\ ,">, "I'< C '", I, -, 1.." _\ ,. . v' 'I I eV>( \ ' r',' ~ ~ r ~~c'f, j \ -~" c.., f,~,--,> (~(~,~G \Q , ,') '___ APPROVED BY CITY COUNCIL ON NOVEMBER 22, 2004 BY A VOTE OF to , Council President - The preceding Minutes were prepared according to 947 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 Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions RECOMMENDED MOTION: FIRST MOTION (Mayor Pro- Tem) "1 move to appoint electIon of theIr successor" as Mayor Pro- Tem effective immediately, term to expIre upon or, "I move to deny the election of reasons as Mayor Pro- Tem for the followmg " SECOND MOTION (Council President) "I move to appomt upon election of theIr successor " as Council President effective immediately, term to expIre or, "I move to deny the electIOn of reasons as Council PreSIdent for the following - Report Prepared by' Pam Anderson Reviewed by' Randy Young pa.pa