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HomeMy WebLinkAboutCity Council Agenda Packet 01-13-20AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING January 13, 2020 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, Public Information Officer, at 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS PROCLAMATIONS AND CEREMONIES National Radon Action Month APPROVAL OF MINUTES City Council Minutes of November 25, 2019 Study Session Notes of December 2, 2019 Study Session Notes of December 16, 2019 Study Session Notes of January 6, 2020 APPROVAL OF AGENDA CITIZENS’ RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 minutes and sign the PUBLIC COMMENT ROSTER. b. Citizens who wish to speak on an Agenda Item, please sign the GENERAL AGENDA ROSTER. c. Citizens who wish to speak on a Public Hearing item, please sign the PUBLIC HEARING ROSTER before the item is called to be heard. d. Citizens who wish to speak on Study Session Agenda Items for a maximum of 3 minutes and sign the STUDY SESSION AGENDA ROSTER. CITY COUNCIL AGENDA: January 13, 2020 Page -2- 1. CONSENT AGENDA a. Resolution No. 02-2020, resolution designating the City Hall Lobby as the official public notice posting location and the Wheat Ridge Transcript as the official newspaper of general circulation for the City Publications in 2020 b. Resolution No. 03-2020 – a resolution amending the fiscal year 2019 Capital Improvement Program and Open Space Budgets to reflect the approval of reductions in appropriations in the amount of $4,699,431 and $1,226,125, respectively c. Motion to approve quarterly payments to the Jefferson County Communications Authority for E-911 call-taking and Police Radio Dispatch Services not to exceed $645,743 for 2020 d. Resolution No. 05-2020, a resolution approving the 2020 Police Recruit Training Agreement to provide law enforcement academy training for six Wheat Ridge Police recruits at the Combined Regional Academy e. Motion to approve payment to Colorado Intergovernmental Risk Sharing Agency (CIRSA) for 2020 property/casualty premium in the amount of $264,952.08 f. Resolution No. 07-2020, a resolution consenting to continued initial resettlement of refugees in Wheat Ridge, Colorado g. Resolution No. 06-2020, a resolution approving an Intergovernmental Agreement between the City of Wheat Ridge and Jefferson County regarding roadway improvements in the Wheat Ridge · Ward Road Station area h. Motion to approve payment to Pinnacol Assurance for 2020 workers compensation premium in the amount of $244,289 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Resolution No. 01-2020 and Council Bill No. 22-2019 – a resolution making findings of fact regarding a petition for annexation of two segments of Right-of- Way located in section 17, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado and an Ordinance approving the annexation (Case No. ANX-19-01) CITY COUNCIL AGENDA: January 13, 2020 Page -3- 3. Council Bill No. 23-2019 – an Ordinance approving The Initial Zoning of property recently annexed into the City and located in Section 17, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State Of Colorado to Industrial Employment (I-E), Mixed Use – Commercial Transit Oriented Development (MU-C TOD), and Mixed Use – Neighborhood (MU-N) (Case No. WZ-19-08 / 52nd Ave Zoning) 4. Council Bill No. 19-2019 – an ordinance adopting by reference the 2018 editions of the International Building Code, International Mechanical Code, International Plumbing Code, International Property Maintenance Code, International Energy Conservation Code, International Residential Code, International Fire Code, International Existing Building Code, International Swimming Pool And Spa Code, and International Fuel Gas Code; the 2017 edition of the National Electrical Code; the 2018 National Fire Protection Association (NFPA 99) Standard for Health Care Facilities; the 1997 Uniform Code for the Abatement of Dangerous Buildings; adopting certain amendments to such codes; providing penalties for violations of the same; and amending Chapter 5 of the Wheat Ridge Code of Laws accordingly ORDINANCES ON FIRST READING 5. Council Bill No. 01-2020, an ordinance amending the Wheat Ridge Code of Laws to amend references to the Public Works and Community Development departments, divisions, directors, and staff (Case No. ZOA-19-05) DECISIONS, RESOLUTIONS AND MOTIONS 6. Resolution No. 04-2020, a resolution approving a loan agreement in the amount of $500,000 between the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge and the City of Wheat Ridge 7. Motion to appoint Wanda Sang and Sunny Garcia to the Election Commission 8. Motion to approve the Mayoral appointments to District I and District IV vacancies on the Wheat Ridge Urban Renewal Authority Board 9. Motion to make appointments to fill vacancies on the Parks and Recreation Commission for District II and District IV CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING November 25, 2019 Mayor Starker called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Zachary Urban Judy Hutchinson Amanda Weaver Leah Dozeman Rachel Hultin Korey Stites Janeece Hoppe Valarie Nosler Beck Also present: City Manager, Patrick Goff; Deputy City Clerk, Robin Eaton; City Attorney, Gerald Dahl; Parks and Recreation Director, Karen O’Donnell; Community Development Director, Ken Johnstone; other staff, guests and interested citizens. APPROVAL OF AGENDA Mayor Starker asked for and received consensus to move item 1 d. of the consent agenda to be considered immediately after the approval of the agenda. Councilmember Hultin introduced item 1. (d) Resolution 62-2019 - a resolution authorizing submittal of the application for a 2020 grant to the State Board of the Great Outdoors Colorado for the reconstruction of the Kullerstrand Elementary playground. The State of Colorado Great Outdoors Colorado (GOCO) School Yard Initiative is a grant program designed to inspire more active physical play and enhance outdoor learning on school grounds. Schools can apply if they partner with an eligible local government. Approval of this resolution supports a grant application for funds to reconstruct the Kullerstrand Elementary School playground and authorizes the Mayor to sign the contracts if the grant is awarded. As part of the submittal process associated with the grant application, an approved resolution is required by GOCO showing City Council support for the requested project. Director Karen O’Donnell gave a brief presentation stating that the Principal of Kullerstrand had reached out and expressed a need for funding a new playground. Her team met with staff and PTA members to put together a required, city sponsored grant application. Public Comment City Council Minutes November 25, 2019 page 2 Parent Teacher Association member Tim Weaver thanked council for the opportunity to speak as well as Karen O’Donnell and her team for the support and desire for a new playground at the school. Kira Lacey a student and member of the leadership group representing the school, gave reasons why the school needs a new playground. Those included safety, odors and unutilized space and that the playground is 30 years old and for an 11 yr. old, “that’s old.” Gracynn Schulze also a leadership member at the school, believes that they need a new playground because the aged one has a lot of rust, which you can get cut on. In addition to it being a safety concern, having a new playground would be enjoyed by the entire school. Francis Clark a 5th grader has been going to the school since kindergarten and added that the playground is old, small and bland. Her favorite part of the day is when they go out and play. It would mean a lot for the community to have a new playground and thanked the council for their time and support. Council questions – none Motion by Councilmember Hultin to approve Resolution No. 62-2019, a resolution authorizing submittal of the application for a 2020 grant to the State Board of the Great Outdoors Colorado for the reconstruction of the Kullerstrand Elementary playground, seconded by Councilmember Dozeman; Discussion followed by Councilmembers Hoppe and Urban who thanked the speakers and also requested updates on the grant being issued. Motion carried 8-0. CITIZENS’ RIGHT TO SPEAK Lucy Molina from World Mission Society Church of God- University of Asez goes to church in Wheat Ridge and described the how the amazing university students in attendance have worked with youth, done local clean-ups, and have an anti-bullying campaign. They also are represented in Commerce City, Northglenn, and Adams County among others. She would like to offer their services in partnership to work together with the City of Wheat Ridge which could include painting, art projects and fundraisers. Kate Cooke with Localworks in Wheat Ridge gave a quick overview and update on what they have been doing lately, including most recently the Tender Loving Care (TLC) cleanup events which this year gathered over 1500 cubic yards of waste. She also spoke on the 18 small-scale dumpster grants, 14 block grant parties’, live local events City Council Minutes November 25, 2019 page 3 including one recently at Rickoli’s brewery. Trunk or treat just happened, biking safety and the upcoming tree lighting events were also included. Kristi Davis WR first thanked the council and Mayor, then welcomed the new council and thanked everyone for their service to the city. She delivered her thoughts about the concerning ways the past elections were carried and her displeasure with that process. Some of the comments that were made during the elections by some of the people running for office were very hateful. She hopes that future elections can be carried out with a higher degree of respect. Kristen Martin spoke about being a member of the non-denominational World Mission Society Church of God and described the Asez WAO being part of the United Nations described how they are active in the City of Wheat Ridge and other points world-wide. Beza Girma thanked the council for giving them time to speak for saving the earth from a-z. Their mission is also to promote volunteerism of the youth on university campuses, and as youth, they need to standup and set an example of volunteering. 1. CONSENT AGENDA a. Motion to adopt the 2020 City Council Meeting calendar b. Motion to approve monthly payments to Kaiser Permanente for January through December 2020 membership billing not to exceed a total of $2,444,535 c. Resolution No. 61-2019 – a resolution amending the fiscal year 2019 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $20,000 for City Attorney fees Councilmember Hultin introduced the remaining items of the Consent Agenda. Motion by Councilmember Hultin to approve Consent Agenda Items a.), b.), and c.) seconded by Councilmember Dozeman; motion carried 8-0. PUBLIC HEARING AND ORDINANCES ON SECOND READING 2. Council Bill 18-2019 – An Ordinance amending Sections 2-30, 2-31 and 2-32 of the Wheat Ridge Code of Laws concerning the Duties of the Chief of Police, Public Works Director and Community Development Director and authorizing changes to the City’s organizational chart City Council Minutes November 25, 2019 page 4 The Wheat Ridge Charter §3.5 provides that council may, by ordinance, consolidate and/or merge City departments and that each department be under the supervision of a department head appointed by the City Manager. Section 2-26 of the Code grants the City Manager the authority to exercise supervision and control over all departments. The purpose of the proposed ordinance is to reassign duties in the appropriate sections of the City’s Code of Laws and to update the City’s organizational chart as follows: 1. Move direction of the City’s code enforcement program from the Community Development Department to the Police Department (this has been the practice for many years) 2. Move direction of the City’s engineering functions of the current Public Works Department to the Community Development Department Councilmember Hoppe introduced Council Bill 18-2019. Deputy City Clerk Eaton confirmed the Ordinance No. 1677. Mayor Starker opened the public hearing. Staff Presentation Mr. Goff described the vacancy for the Public Works Director position and how he has been unable to find the exceptional person to fill the role. These duties have been shared over the months by other members of our organization and it has been determined that city engineering function under the direction of the Community development department. Many other town and cities are currently operating under the same model and hopes this change will improve the engineering functions on many levels. Public Comment No one came forward to speak. Council Questions and discussion followed Mayor Starker closed the public hearing. Motion by Councilmember Hoppe to approve Council Bill 22-2019, an ordinance amending Sections 2-30, 2-31 and 2-32 of the Wheat Ridge Code of Laws concerning the Duties of the Chief of Police, Public Works Director and Community Development Director and authorizing changes to the City’s organizational chart on second reading, and that it take effect immediately after final publication, seconded by Councilmember Stites; motion carried 8 -0. ORDINANCES ON FIRST READING City Council Minutes November 25, 2019 page 5 3. Council Bill 19-2019 – An Ordinance adopting by reference the 2018 editions of the International Building Code, International Mechanical Code, International Plumbing Code, International Property Maintenance Code, International Energy Conservation Code, International Residential Code, International Fire Code, International Existing Building Code, International Swimming Pool And Spa Code, and International Fuel Gas Code; the 2017 edition of the National Electrical Code; the 2018 National Fire Protection Association (NFPA 99) Standard for Health Care Facilities; the 1997 Uniform Code for the Abatement of Dangerous Buildings; adopting certain amendments to such codes; providing penalties for violations of the same; and amending Chapter 5 of the Wheat Ridge Code of Laws accordingly The City currently has adopted and/or enforces the following building related codes: • 2012 version of the International Codes, • 2017 National Electrical Code (enforces but has not adopted), and • 2015 National Fire Protection Association (NFPA) 99 Standards for Health Care Facilities. Staff is recommending that City Council adopt the most recent version of the codes: • 2018 version of the International Codes, • 2017 National Electrical Code, and • 2018 National Fire Protection Association (NFPA 99) Standards for Health Care Facilities Councilmember Urban introduced Council Bill 19-2019. Motion by Councilmember Urban to approve Council Bill 19-2019 - an ordinance adopting by reference the 2018 editions of the International Building Code, International Mechanical Code, International Plumbing Code, International Property Maintenance Code, International Energy Conservation Code, International Residential Code, International Fire Code, International Existing Building Code, International Swimming Pool And Spa Code, and International Fuel Gas Code; the 2017 edition of the National Electrical Code; the 2018 National Fire Protection Association (NFPA 99) Standard for Health Care Facilities; the 1997 Uniform Code for the Abatement of Dangerous Buildings; adopting certain amendments to such codes; providing penalties for violations of the same; and amending Chapter 5 of the Wheat Ridge Code of Laws accordingly, on first reading, order it published, public hearing set for Monday, January 13, 2020 at 7 p.m. in City Council Chambers, and that it take effect on July 1, 2020, with the exception of Appendix F and Appendix T of the 2018 International Residential Code and section 306.2 of the 2018 International Building Code, which shall take effect fifteen days after final publication, seconded by Councilmember Weaver; motion carried 8-0. City Council Minutes November 25, 2019 page 6 4. Council Bill 20-2019 – An Ordinance approving conveyance of real property to the City of Arvada, and in connection therewith approving termination of an easement agreement and conveyance of real property to the City The Mountain Gateway project in the City of Arvada on the west side of Robb Street requires additional right-of-way (ROW) to construct Robb Street. The City of Arvada is also requesting that easements rights be extinguished. In addition, the Mountain Gateway project will be dedicating property to the City in order to expand the Ridge Road Regional Pond to provide the required stormwater detention. Councilmember Nosler Beck introduced Council Bill 20-2019. Motion by Councilmember Nosler Beck to approve Council Bill 20-2019 - an ordinance approving conveyance of real property to the City of Arvada, and in connection therewith approving termination of an easement agreement and conveyance of real property to the City, on first reading, order it published, public hearing set for Monday, December 9, 2019,, at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication, seconded by Councilmember Dozeman: motion carried 8-0. 5. Council Bill 21-2019 – An Ordinance amending the Wheat Ridge Code of Laws concerning contributions to the Police Pension Fund The 2020 budget, authorized by City Council on October 14, 2019, appropriates funds to increase the City’s contribution to sworn employees’ pension by 0.5% for a total contribution of 10.5%. As the current contribution (10%) is specified in the City’s code along with an equal match by employees, a code amendment is necessary to operationalize Council’s intent. Councilmember Stites introduced Council Bill 21-2019. Motion by Councilmember Stites to approve Council Bill 21-2019 - an ordinance amending the Wheat Ridge Code of Laws concerning contributions to the Police Pension Fund, on first reading, order it published, public hearing set for Monday, December 9, 2019 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication, seconded by Councilmember Urban; motion carried 8-0. DECISIONS, RESOLUTIONS AND MOTIONS 6. Resolution 59-2019 – A Resolution initiating annexation proceedings, finding a petition for annexation of land located in Section 17, Township 3 south, Range 69 west of the sixth principal meridian, County of Jefferson, State of Colorado, to be in substantial compliance with Section 31-12-107(1), Colorado revised statutes, City Council Minutes November 25, 2019 page 7 and setting a public hearing date to consider the annexation (Case No. ANX-19- 01) Improvements to 52nd Avenue have been identified and prioritized as an infrastructure project for the Wheat Ridge · Ward Station area and were specifically listed in the ballot language for the 2016 2E sales tax bond measure. In order to supply public improvements and provide satisfactory maintenance for the full width of right-of-way, it has become necessary for the City to annex the Jefferson County portions of 52nd Avenue right-of-way (ROW) to accommodate sidewalks and a center turn lane to this street. Therefore, Jefferson County has requested that Wheat Ridge annex the ROW along 52nd Avenue that is currently in Jefferson County’s jurisdiction and subsequently zone the property in compliance with the Municipal Annexation Act (Colorado Revised Statutes § 31-12-115) Councilmember Dozeman introduced Item 6. Staff Presentation Mr. Dahl reported that the item is an annexation for a portion of 52nd avenue and Ward Road. He listed the financial impacts and that Jefferson County (JeffCo) is the current owner of the property and is desirous for the annexation. He also noted that JeffCo will save money due to this agreement and recommends annexation take place. This resolution initiates the process and proves the substantial compliance of the petition with the requirements of law. A future annexation and zoning ordinance will be coming on second reading on January 13 to actually change the city boundaries to show the increase of city property. Public Comment Jefferson County Treasurer Jerry DiTullio stated that at a staff meeting this item came up as a budget concern and that they felt somebody should come to the meeting tonight to show where this is going at the county level and to show support of this resolution. He read a brief statement outlining how the resolution will be beneficial to the City of Wheat Ridge along with its residents and that $50,000 is a small amount but helps to kick off the process. Council Questions and discussion followed Motion by Councilmember Dozeman to approve Resolution No. 59-2019, finding the proposed annexation to be in substantial compliance with CRS 31-12-107(1) and to be eligible for annexation and setting a first reading date of December 9, 2019 for consideration of an annexation ordinance, and second reading and public hearing date of January 13, 2020; seconded by Councilmember Hoppe, motion carried 8-0. City Council Minutes November 25, 2019 page 8 7. Resolution 63-2019 – A Resolution approving the Sex Offender Tracking and Registration System (SOTAR) intergovernmental agreement with the Board of County Commissioners of the County of Douglas, Colorado The Wheat Ridge Police Department is required to comply with numerous sex offender registration laws. The Douglas County Sheriff's Office developed and shared a system referred to as SOTAR (Sexual Offender Tracking and Registration). Access to this system used to be free, however beginning in 2020 this system will require a fee for access and as such, the need for an intergovernmental agreement is necessitated. Councilmember Hutchinson introduced Item 7. Staff Presentation Mr. Goff gave brief presentation on how Douglas County used to provide this system free and now they want us to contribute to their service so now it will be $2000 a year which requires an official IGA Public Comment - none Council Questions - none Motion by Councilmember Hutchinson to approve Resolution No. 63-2019, a resolution approving the Sex Offender Tracking and Registration System (SOTAR) intergovernmental agreement with the Board of County Commissioners of the County of Douglas, Colorado; seconded by Councilmember Urban, motion carried 8-0. 8. Motion to award a contract and approve subsequent payments to HDR, Inc., Denver, CO, in an amount not to exceed $23,692 for professional services for easement acquisition services for 52nd Avenue/Ward Road intersection improvements Improvements at the intersection of 52nd Avenue and Ward Road are being done in cooperation with the Colorado Department of Transportation (CDOT). These improvements require that easements be acquired at three corners of the intersection. HDR, Inc. has been contracted to perform property acquisition services for The Wheat Ridge · Ward Station planning area. An additional task order needs to be approved to acquire easements for these improvements. Councilmember Weaver introduced Item 8. Staff Presentation - none City Council Minutes November 25, 2019 page 9 Public Comment - none Council Questions and discussion followed Motion by Councilmember Weaver to award a contract and approve subsequent payments to HDR, Inc., Denver, CO, in an amount not to exceed $23,692 for professional services for easement acquisition services for 52nd Avenue/Ward Road intersection improvements; seconded by Councilmember Urban, motion carried 8-0. 9. Motion to Elect the Mayor Pro Tem Each year City Council Members elect by a majority vote a Mayor Pro Tem who serves until their successor is elected. The election is conducted according to Section III (B) of the City Council Rules of Order and Procedure as follows: B. MAYOR PRO TEM 1. At the first or second Regular meeting in November of each year, the Council shall elect a Mayor Pro Tem who shall serve until their successor is elected. The procedure shall be as follows: a) The Chair will announce that the floor is open for nominations for the position of Mayor Pro Tem. b) Nominations will be taken from City Council members by voice. No second is needed. c) Each nominee will have the opportunity to address the Council. d) A motion and second is then in order to elect one of the nominees to the position of Mayor Pro Tem. If the motion is not carried, additional motions are in order until a Mayor Pro Tem is elected by a majority of Council present. Mayor Starker introduced item 9 and asked for nominations. Nomination for Mayor Pro-Tem was made from Councilmember Weaver for Ms. Hoppe There were no others, Mayor Starker closed the nomination process. Councilmember Hoppe gave a brief statement where she appreciated everyone’s confidence in her ability and thought that the new budgeting processes were successful. City Council Minutes November 25, 2019 page 10 Being able to move forward with the up-coming retreat and its planning, she appreciates the offer and will continue to serve you as mayor pro-tem. Motion by Councilmember Weaver to elect Councilmember Hoppe as Mayor Pro Tem, effective immediately, term to expire upon election of their successor; seconded by Councilmember Hultin, motion carried 8-0. CITY MANAGER’S MATTERS Mr. Goff reminded everyone that the city office’s will be opening late tomorrow at 10 am and will re-evaluate this in the morning to see if any changes will need to be made. He wishes everyone to have a Happy Thanksgiving. CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS Councilmember Nosler Beck congratulated Mayor Pro-tem Hoppe and thanked everyone that gave new councilmembers an education on council processes. It helped with this first meeting as she could relate with the students being really nervous. She also thanked the Students and wished them good luck with their grant request. Councilmember Hutchinson wished everyone a Happy Thanksgiving. Councilmember Dozeman is really thankful for everyone that works really hard in our community to include city staff, elected officials, service organizations and others. She looks forward to continue those efforts and wishes everyone a Happy Thanksgiving. Councilmember Urban wished everyone a Happy Thanksgiving and appreciates everyone coming out to speak at the public comment. He hopes everyone has a safe drive home. Councilmember Hultin said that on Saturday St. James ordained a new priest and was excited to see them stepping up to take an active role with homelessness. She is looking forward to working with them and other churches on this issue. She invites everyone to a book launch on Dec. 7 for her friend Betty pate’s book signing at the maple grove grange. She and her husband met at Fruitdale Elementary and grew up in Wheat Ridge, sharing a long, rich history with Wheat Ridge in her memoirs. Councilmember Weaver wishes everyone a happy and safe holiday. Councilmember Stites would like to see at a future study session looking at the notification procedures for the planning division on items such as flag lots and rezoning permits. Councilmember Hoppe would like to see at study session where neighborhood meetings would be held closer to when they go to planning commission meeting. She would also like to remind everyone that Rickoli’s is holding their 7th year anniversary City Council Minutes November 25, 2019 page 11 party on Nov. 28th, The Holiday Party on 38th Avenue from 3-6PM on Dec. 7 and that it’s really awesome to hear the pledge of allegiance with a full room but its super special and joyful when there are elementary voices included. Mayor Starker thanks all of the people from Kullerstrand as well as all of the visitors and welcomes them to join in all of the wonderful things that we do. He had the pleasure of joining the Metro Mayor’s caucus in building a habitat for humanity home and it was really joyful to see how we can give a little piece back to the community. He wishes to pass that joy on to everyone for a Happy Thanksgiving. ADJOURNMENT The meeting adjourned at 8:14 pm. _____________________________ Robin Eaton, Deputy City Clerk APPROVED BY CITY COUNCIL ON January 13, 2020 ______________________________ Janeece Hoppe, Mayor Pro tem The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD’s of the meetings are available for listening or viewing in the City Clerk’s Office, as well as copies of Ordinances and Resolutions. STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue December 2, 2019 Mayor Bud Starker called the Study Session to order at 6:30 p.m. Council members present: Amanda Weaver, Judy Hutchinson, Valarie Nosler Beck, Korey Stites, Zachary Urban, Rachel Hultin, and Leah Dozeman Absent: Janeece Hoppe (excused) Also present: Deputy City Clerk, Robin Eaton; City Manager, Patrick Goff; City Attorney Gerald Dahl, Community Development Director, Ken Johnstone; Parks and Recreation Director, Karen O’Donnell; other staff, guests and interested citizens. Citizen Comment on Agenda Items (Summary) Debra Young (WR) spoke with council about the group home that is adjacent to hers and again wishes she had received notification before they moved in. This group home is more like an Airbnb or transient home. Single family homeowners should be advised when a group home moves in for without regulations, these types of group homes could have double the amount people in them than they already do. Colette Beneski (WR) is the neighbor of Ms. Young, who also had spoken with city council, is distraught about having the home in the neighborhood. The increase in traffic makes it dangerous for the children and parking is hard to find, even on Sundays. The character and quality of the area has gone down and wishes more regulations were in place to help the citizens of the neighborhoods Lorrie Odom (WR) thanked the city council for the ordinance to help curb youth vaping and she strongly supports the measures that are being reviewed. She gave statistics on how youth vaping can lead to smoking and how it disrupts the young mind before it matures. Other local towns, cities and counties have passed new regulations and thinks Wheat Ridge should as well. Barbara St. John (WR) is very concerned about this issue and had called the high school to see what they have been doing about it. She wants to keep all tobacco products out of the hands of children. Lynette Namba (WR) thanked the Council, Mayor, and guild members and supports making effective tobacco policies for numerous reasons. Youth vaping leads to other STUDY SESSION NOTES; December 2, 2019 Page -2- health issues and addictions plus enacting a tobacco license gives the city leverage for compliance checks. Rhonda Valdez is the nurse at Wheat Ridge high school that Ms. St. John had spoken to. She listed the programs that they have at the high school with many efforts, one that includes social justice issues. Just as Lakewood did, she hopes that Wheat Ridge follows suit with additional tobacco laws. 1. Refugee Resettlement in Wheat Ridge – Request for Consent Representatives from the International Rescue Committee, on behalf of the Ethiopian Community Development Council’s African Community Center, Lutheran Family Services Rocky Mountain Refugee and Asylee Programs and the International Rescue Committee in Denver, have requested time with City Council to provide an update on a recent Executive Order issued by President Trump wherein state and local governments are given new authority regarding initial refugee resettlement. City Manager Patrick Goff presented background for the discussion. Jennifer Wilson and Victoria Francis spoke on the issue and gave presentations on the item. Questions and discussion by council followed Councilmember Urban received consensus to bring a resolution forward on December 9, 2019. 2. Regulation of Group Homes The City’s current zoning regulations, in Chapter 26 of the Wheat Ridge Code of Laws, treat groups of any number of unrelated handicapped individuals living together as a “family.” Group homes of any size for such individuals may therefore locate in the same zone districts in which a single-family dwelling is a permitted use without a formal review or application process. City staff believes the location of larger group homes, of any type, in residential districts without a review process could result in land use impacts that are incompatible with the surrounding properties. The City Attorney’s Office has advised it is permissible, but not required, under state and federal law, to regulate the zoning of group homes for the handicapped and disabled, including imposing a numeric limitation on the size of such homes. Staff therefore recommends the preparation of an ordinance to create zoning regulations for residential group homes for the handicapped and to make all residential group home zoning regulations generally consistent. City Attorney Dahl provided background for the discussion. STUDY SESSION NOTES; December 2, 2019 Page -3- Questions and discussion by council followed Councilmember Weaver received consensus to bring a council bill forward to include but not inclusive of creating a cap on maximum occupancy for eight residents, a special use permit above eight persons, address available parking for staff members, quarterly license certification inspections to include state and county licensing, proximity for the transportation of the residents and proximity for density of the residences not having too many such homes together in the same area. Mayor Starker requested a short break be taken which reconvened at 8:41 p.m. 3. Youth Vaping/Tobacco Use Policy Discussion Tobacco and youth vaping is on the rise in Wheat Ridge and the Jefferson County region. Based upon previous Council direction, staff is presenting options to be considered for a youth vaping and tobacco policy. Assistant to the City Manager, Marianne Schilling presented background for the discussion. Ms. Khanh Nguyen from Jefferson County Public Health services gave witness to the process and procedures that have taken place throughout the county. Council questions and discussion followed Councilmember Weaver received consensus to move a council bill forward to require a tobacco retail license. Councilmember Hultin received consensus to bring a council bill forward to have a recommended cost of implementing the licensing program and those fees are in line to cover staff costs and as well as all coverage for the program. There was consensus to move a council bill forward to have the minimum age to purchase tobacco be the age of 21 There was a consensus to move a council bill forward to have the minimum age to sell tobacco be the age of 18. Consensus was received to move a council bill forward that requires all tobacco products not be allowed to be self-service and have better language as to what “behind the counter” would mean. Councilmember Stites received consensus to get more information on whether or not to require a new tobacco retail licensee be at least 500 ft. or more from schools and to grandfather in existing tobacco facilities that are within those feet restrictions. Consensus was received to move a council bill forward that no tobacco products would be allowed to be sold via a mobile conveyance vending business. STUDY SESSION NOTES; December 2, 2019 Page -4- Consensus was received to move a council bill forward to include that all tobacco licensees have pro-active enforcement compliance checks. Consensus was received to bring back recommendations to provide language and penalties for selling tobacco without a license, what defines a sale, along with language that speaks of education. Discussion followed 4. Staff Report(s) none 5. Elected Officials’ Report(s) Councilmember Hultin first requests Kudos for the snow removal efforts by city personnel. Secondly she notices that often sidewalks are being closed due to plowing by commercial entities. She requests for possible additional enforcement actions to look into the problem. Mr. Goff reported that this issue is already illegal in the City but there can be additional discussions on the issue to become more proactive. Councilmember Weaver thanked everyone who attended the meeting, where two of the issues are very near to her heart. She appreciates citizen’s input on items and encourages more citizens to contact their city councilors as to what makes their quality of life better or what they are thinking about. ADJOURNMENT The Study Session adjourned at 10:02 pm. APPROVED BY CITY COUNCIL ON January 13, 2020 Robin Eaton, Deputy City Clerk ________ Janeece Hoppe, Mayor Pro Tem STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue December 16, 2019 Mayor Bud Starker called the Study Session to order at 6:30 p.m. Council members present: Amanda Weaver, Judy Hutchinson, Janeece Hoppe, Rachel Hultin, Korey Stites, Zachary Urban, Valerie Nosler Beck, and Leah Dozeman Also present: Mayor Bud Starker; City Clerk, Steve Kirkpatrick; City Manager Patrick Goff, Community Development Director, Ken Johnstone; Economic Development Director & Executive Director of the Urban Renewal Authority, Steve Art; City Attorney Jerry Dahl, guests and interested citizens. Citizen Comment on Agenda Items Ms. Moe Keller of Iris St, WR: The resident spoke in favor of a new City noise ordinance, based on measurable decibel (dB) levels as the best way to regulate noise levels in a way everyone can understand. She commented that her neighborhood is currently “bombarded with loud noise,” from a business on W. 44th Ave., near her home on Iris St., that hosts live bands and loud solo performers. Ms. Keller also emphasized her appreciation that the council is taking up the issue of noise seriously. Although she believes that the measured decibel reading can be helpful, at this point it is hard know how loud “50 or 55 decibels would sound in our neighborhood as we have never measured such.” Mr. Steve Keller of Iris St., WR: Mr. Keller has been a WR resident since 1975. He indicated he speaks for five families who live near a business that hosts live, loud bands and amplified music on 44th Ave in WR. He urged Council to carefully consider how to write an enforceable noise ordinance. He encouraged the Council and staff to consult other municipalities that have already passed similar ordinances to find fair and enforceable legal language. Ms. Linda Dillon of Brentwood St., WR: The resident also spoke in favor of a noise ordinance, which she hopes will include sounds from sources like leaf blowers, trash collection trucks, chain saws, roofing hammers and all other sources of significant dB levels. She also noted that some of these tools, especially lawn machinery like mowers and blowers disturb or destroy garden plants. 1. Loan Agreement between the City of Wheat Ridge and the Wheat Ridge Urban Renewal Authority Should the City Council consider entering into a Loan Agreement (the Agreement), in an amount not to exceed $500,000, with Renewal Wheat Ridge (RWR), to assist in funding Page | 2 improvements associated with a proposed redevelopment of the Gold’s Center located at the northwest corner of 26th Avenue and Kipling Street? Steve Art presented the background and request details. Adam Radcliffe, Denver, a partner in the firm proposing the development, gave a presentation on the proposed re-development of the Golds Center, which is currently properly called the Paramount Heights Shopping Center. The proposed new name is Golds Marketplace. Mr. Radcliffe explained the thinking behind the proposed re-development, a destination center for shopping, dining, and family entertainment. He showed artists’ rendering of the architecture and landscaping. He stated no national chain stores or restaurants will get leases; rather the new owners will recruit new tenants while seeking to keep current tenants. Councilmembers had comments and questions about: • Terms of the proposed loan • Will this project loan allow RWR to continue supporting, funding other projects? • Will existing tenants be encouraged to stay? • What will the loan pay for? Mostly sidewalks, gutters, landscaping and other aesthetics. • Will this $500,000 be devoted to this project and this project alone? Mr. Radcliffe also explained the competencies and roles of the five firms involved in design, construction and financing of the project. Councilmember Hoppe received consensus to bring forward approval to loan RWR $500,000, with a repayment schedule of up to 5 years, repayment to begin in 2021. 2. Wadsworth Widening ROW Acquisition Update Staff made a presentation reviewing the history and current status of the project. On January 14, 2019, Council authorized staff to acquire right-of-way (ROW) for the Wadsworth Boulevard Widening project (Project). Staff had requested the ability to use the City’s power of eminent domain, if necessary, to accomplish the necessary ROW acquisitions. At that time, Council did not feel comfortable with authorizing staff to use eminent domain, without first coming back to Council, and so that ability was not included in the Council action. At the beginning of December, Notice of Intent (NOI) letters for the purchase of the partial property acquisitions were sent to 66 landowners affected by the Project. With the recent mailing of NOIs, Councilmembers may be contacted by their constituents on Page | 3 this topic. The purpose of the December 16 study session was to provide an update on the ROW acquisition for the Project and also provide information on the ROW acquisition process, including eminent domain, so Councilmembers feel knowledgeable if/when approached by affected property owners. In addition, it is critical for Council to understand the Project deadlines imposed on the City in regard to the federal funding received for this Project. The staff presentation described the timeline and action steps in detail, including interactions with citizens/landowners. The presentation also included detailed explanations of what eminent domain means, and the judicial process of determining just compensation for property when landowners and the city cannot reach an agreement on fair market value. Councilmembers had comments and questions. For one of the impacted properties appraisers for the City and the landowner reached two vastly different figures on the Fair Market Value of the property. Council asked if both are licensed appraisers. What are the differences between the two appraisal methods? Why does Midas Mufflers have to be a full acquisition? Is the current design the best for both residents, and for businesses? Will Council be asked to revisit the Project plan at some point? Several councilmembers commented that they are very uncomfortable with using eminent domain to acquire properties, emphasizing their unease with eminent domain, and the hope that the use of eminent domain can be avoided. Staff stated that their goal is to avoid eminent domain, but that it may be necessary to complete the bigger project on time and protect our Federal funding. There were several detailed questions about the design of and transition to CFI (continuous flow intersections). Have snow removal issues at CFI been addressed? 3. Noise Ordinance The City occasionally receives complaints from residents concerning loud noises or sounds in the community. Most recently, the City has received complaints emanating from a manufacturing operation located in a planned industrial district and from a restaurant/bar located in a commercial district. The current Wheat Ridge Code of Laws concerning unreasonable noise is qualitative in nature and is limited in scope and difficult to prove in court because it does not set an objective level by which to measure noise. This issue was addressed with City Council at the September 23, 2019 special study session. Due to the fact that there was limited discussion at that study session and the Council now has four new councilmembers, Staff is requesting additional discussion and direction from the current Council on this topic. Page | 4 Mr. Goff provided an overview of the current noise ordinance, why this issue arose, and what noise ordinances other municipalities have put in effect. In response to a question from a councilmember, Mr. Goff stated that other municipalities have set widely varying dB levels as excessive in their ordinance, but that the typical range is 40-50 dB. Councilmembers had comments and questions: • How is noise measured? Where is it measured? Outside a residence or inside the home? • One Councilmember suggested the City ask an expert to educate the Council on acoustic science, and how when and where to measure sound levels. • Interim Wheat Ridge Police Chief commented that enforcing a decibel level in a court trial will be subject to attacks on technical/engineering bases, asserting that the defense attorneys will claim measurements were flawed, making convictions problematic. • Members commented on issues the ordinance would need to address: noise from public celebrations (Carnation Festival, athletic competitions, July 4th…), residential parties, industrial operations, construction, power tools and equipment, motor vehicles (e.g. trash trucks, loud mufflers…). • Ms. Hoppe commented that there are pros and cons to both qualitative and quantitative noise ordinances, as well as hybrid approaches, and their enforcement. She also noted that there should potentially be different standard for different hours of the day and the duration of the noise (a party with loud music vs. an industrial operation 24x7). Councilmember Hoppe received consensus to bring forward a proposed Noise Ordinance, using a hybrid approach, paying special attention to industrial noise, time of day limits (7 AM to 10 PM), special events, music electronically amplified and distance from the source of the sound. The proposed ordinance will include exceptions to the ordinance for (legal) fireworks, building construction, road construction and such other exceptions and further investigation may uncover. Special permits would be required for public or private events during or extending into the 10 PM to 7 AM period. 4. Staff Report(s) None beyond well wishes for the upcoming Holidays. 5. Elected Officials’ Report(s) City Clerk Kirkpatrick announced that regular Council Meeting minutes will be in the form specified by Robert’s Rules of Order and recommended by the Colorado County Clerks Association and municipal clerks: action minutes. He asked that Council consider and provide feedback about the kind of notes Council would like to receive following Study Sessions. ADJOURNMENT Page | 5 The Study Session adjourned at 9:45 pm. APPROVED BY CITY COUNCIL ON January13, 2020 ____ Steve Kirkpatrick, City Clerk ________ Janeece Hoppe, Mayor Pro Tem STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue January 6, 2020 Mayor Bud Starker called the Study Session to order at 6:30 p.m. Council members present: Amanda Weaver, Judy Hutchinson, Janeece Hoppe, Rachel Hultin, Korey Stites, Zachary Urban, Valerie Nosler Beck, and Leah Dozeman Also present: City Attorney Jerry Dahl; City Clerk, Steve Kirkpatrick; City Manager Patrick Goff, Community Development Director, Ken Johnstone; Planning Manager Lauren Mikulak, guests and interested citizens. Citizen Comment on Agenda Items No one from the public came forward to speak. 1.Townhome Development Patterns and Proposed Code Amendments Discussion began at 6:31 pm, approximately 1:00 minute into the recording of the session. Over the last few years, the City has seen an increase in townhome development as evidenced by inquiries, applications, and construction. The City’s larger parcels are mostly entitled and developed, and as the real estate market shifts, we are seeing an increase in small infill projects and inquiries. Throughout the City, there are also many parcels zoned R-3, which is a zoning described as a “district established to provide high quality, safe, quiet and stable medium to high density residential neighborhoods…” This district allows multi-family development at a density of up to 12 dwelling units (du) per acre, a fairly typical townhome development density. Planning staff frequently assesses the eligibility of parcels to contain a duplex, triplex or townhome, where it may have historically only contained a single family home or is undeveloped. These inquiries are just as likely to come from an existing property owner as a professional homebuilder or developer. Historically, the zoning code has treated townhomes as general “multifamily” development, and very few standards relate specifically to the townhome building form. This means that most site, building, and subdivision design considerations apply equally to apartments and attached single-family products. Given the prevalence of townhomes and the steady inquires we continue to receive, it may be appropriate to consider updates to the code that specifically relate to the design and platting of townhomes. Staff delivered to Council a detailed presentation about this item, its purpose and the background of the reasons for bringing it to Council. STUDY SESSION NOTES; January 6, 2020 Page -2- Councilmembers had questions and comments: Will this change in the Code impact apartment complexes as well as town homes? Will this change lead to more emphasis on multifamily development, or less emphasis on multifamily? Will the depth of the lot for town home development figure into the number of units allowed on one lot, and thusly impacting the width and height of each unit? How have we handled this kind of new development in the past? Where did staff get the language in the proposed Code change? Would this change impact subdivision plans? Will this action have an impact on the number of “slot homes,” proposed and built in the City? One councilmember expressed the hope that this new Code will not overregulate the development of town homes. Will this kind of development look like town homes but actually be multifamily rental properties? How will the effective date of this new Code provision impact projects now under construction or in the planning stages? Will this change give us more leverage to ask for more attractive architectural designs? How will this change effect the number of units per acre or the requirements for lot size and number of units? How did the City of Denver handle this kind of development in its code? How does this kind of development differ from a “slot home?” Looking at the ASDM, will this change impact the materials standards for new town homes? What impact will this change have on lot line adjustments? Councilmember Hoppe obtained a consensus among the Councilmembers to bring forth a recommended Code change(s) that: • Require Street facing façades of townhomes as predominant orientation within the overall development STUDY SESSION NOTES; January 6, 2020 Page -3- • Update the mixed use code to address variation and roof lines; • Adopt provisions that require changes in plane depth for townhomes; • Adopt provisions that establish eight as a max number of units for a townhome building and including billing separation requirements; • Amend code section 26 – 405 to add language staff suggested concerning platting and design standards for townhome development. 2. Group Home Regulations Discussion began at 7:17 pm, approximately 47:00 minutes into the recording of the session. The City’s current zoning regulations, in Chapter 26 of the Wheat Ridge Code of Laws (“Code”), treat groups of any number of unrelated handicapped individuals living together as a “family.” Group homes of any size for such individuals may therefore locate in the same zone districts in which a single-family dwelling is a permitted use without a formal review or application process. City staff believes the location of larger group homes, of any type, in residential districts without a review process could result in land use impacts that are incompatible with the surrounding properties. The City Attorney’s Office has advised it is permissible, but not required, under state and federal law, to regulate certain aspects of group homes for the handicapped and disabled, including imposing a numeric limitation on the size of such homes. Staff therefore recommended City Council consider the preparation of an ordinance to create zoning regulations for residential group homes for the handicapped and to make all residential group home zoning regulations generally consistent. Mr. Dahl explained the purposes and legalities of the proposed changes to group home ordinances. Specifically, he explained the origin of the dividing line between 8 and 9 residents in one home, and why that number was chosen as the limit to require a Special Use Permit. Similarly, he mentioned the rationale for a break point for more than 14 residents in one facility. He also addressed the rationale for limits on the number of residents in treatment facilities, parking requirements, and similar provisions. Mr. Dahl also explained the language with respect to phasing in a new ordinance on group homes if approved. Councilmembers had questions and comments: How does this impact existing homes and the requirement that they submit periodic reports or other information to the City? What authority would the City have to require proof of information staff at these facilities provide to the City, such as by conducting an inspection of the premises? Is the proposed Code change specific enough in terms of requiring the operator to certify the number of residents in the facility at any given time? The specific language in the proposed ordinance was reviewed and discussed. STUDY SESSION NOTES; January 6, 2020 Page -4- How does this proposed ordinance square with Federal (e.g. the Americans with Disabilities Act) and Colorado statutes? Mr. Dahl commented that any change in the law like this is likely to result in a process of iterating details and regulations as implementation takes place over time. It would be impossible to foresee all the circumstances that will arise. How do we enforce the provision limiting or prohibiting group gatherings at these facilities? How would the enforcement differentiate gatherings for one purpose vs. another? There were detailed questions about other specific provisions/language in the proposed ordinance. Will we make distinctions among or between facilities for different purposes, such as substance abuse treatment or Alzheimer’s patient care? How does the Special Use Permit process work? How does the public provide input to that process? Can neighbors near a facility provide input to the process? Why did the proposed ordinance not include licensing of group home facilities? Do we need to consider more frequent than annual reporting and certification of the use and number of residents present? Quarterly reporting? Could code enforcement visit facilities for random checks from time to time? Would quarterly reporting put an undue burden on the facilities’ staffs? Would semi-annual reporting provide a better option? Can we have language that allows annual reporting for facilities that have little or no resident turnover for the year and more frequently for facilities that have more frequent to regular turnover? A lengthy discussion about frequency of reporting followed, seeking a balance between undue burdens of regulatory filing requirements and sufficient information in reports to effectively enforce the Code. What incidents or patterns of complaints from citizens triggered this proposed ordinance at this time? A consensus was reached to require semi-annual reporting as a minimum. Mr. Dahl will report back revised proposed Code language at a later date. 3. Staff Report(s) Mr. Goff reported that we have made an offer to a new Chief of Police, the offer was accepted, and he is now in the final background checking and vetting process before he STUDY SESSION NOTES; January 6, 2020 Page -5- begins his tenure with Wheat Ridge later this calendar quarter (currently targeting a start date in early February). Mr. Johnstone reported that the online system allowing remote participation in public meetings, known as Wheat Ridge Speaks, will go into use on Feb. 6th at the Planning and Zoning Commission meeting. 4. Elected Officials’ Report(s) Ms. Hoppe reported on discussions with RTD concerning the discontinuation of bus round 32, Wheat Ridge to Union Station. A number of WR students who ride that bus route have no other viable option for traveling to school. RTD essentially said that widespread cuts in service must be made, and everyone will make sacrifices and suffer inconveniences as a result. Ms. Hultin asked about plans to make the public aware of Wheat Ridge Speaks. In February we will issue the first edition of Mayor’s Matters in 2020. ADJOURNMENT The Study Session adjourned at 8:25 pm. APPROVED BY CITY COUNCIL ON January 27, 2020. ____ Steve Kirkpatrick, City Clerk ________ Janeece Hoppe, Mayor Pro Tem ITEM NO: DATE: January 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 02-2020 - A RESOLUTION DESIGNATING THE CITY HALL LOBBY AS THE OFFICIAL PUBLIC NOTICE POSTING LOCATION AND THE WHEAT RIDGE TRANSCRIPT AS THE OFFICIAL NEWSPAPER OF GENERAL CIRCULATION FOR THE CITY PUBLICATIONS IN 2020 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Steve Kirkpatrick, City Clerk Patrick Goff, City Manager ISSUE: State statute requires that each municipality annually establish the location for posting public notices, as well as the newspaper in which the notices will be published. Pursuant to the newly enacted HB19-1087, local government entities are now allowed to publish notices on-line for public meetings. This act amended C.R.S. 24-6-402 (2) (c.) (I) which are meetings for “the adoption of any proposed policy, position, resolution, rule, regulation or formal action occurs or at which a majority or quorum of body is in attendance…” PRIOR ACTION: In previous years, the Wheat Ridge Transcript has been utilized as the City's official newspaper for publications; official posting location has been the City Hall Lobby. FINANCIAL IMPACT: None 1a Council Action Form – Official Publication Notice Location January 13, 2020 Page 2 BACKGROUND: None RECOMMENDATIONS: It is recommended the City continue to use the same newspaper publication and posting location as in previous years. RECOMMENDED MOTION: "I move to approve Resolution No. 02-2020, a resolution designating the City Hall Lobby as the official public notice posting location and the Wheat Ridge Transcript as the official newspaper of general circulation for the City Publications in 2020.” Or, "I move to postpone indefinitely Resolution No. 02-2020, a resolution designating the City Hall Lobby as the official public notice posting location and the Wheat Ridge Transcript as the official newspaper of general circulation for the City Publications in 2020 for the following reason(s) _______________________." REPORT PREPARED/REVIEWED BY; Robin L. Eaton, Deputy City Clerk Steve Kirkpatrick, City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 02-2020 2. HB19-10878 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 02 Series of 2020 TITLE: A RESOLUTION DESIGNATING THE CITY HALL LOBBY AS THE OFFICIAL PUBLIC NOTICE POSTING LOCATION AND THE WHEAT RIDGE TRANSCRIPT AS THE OFFICIAL NEWSPAPER OF GENERAL CIRCULATION FOR CITY PUBLICATIONS IN 2020 WHEREAS, the Colorado Revised Statutes require municipalities to designate official public notice and publication locations for legal notices; and WHEREAS, such locations must be approved by the governing body of the municipality annually; and WHEREAS, the City is required by Charter, Ordinance and State Law to publish certain notices. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. Public notice of public meetings of the City Council, Planning Commission, Board of Adjustment, and all other Board, Commission, Committee, and advisory board meetings for which public notice is required, shall be posted on the first floor at the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado, which location shall be deemed the official posting location for the City. Section 2. Except as otherwise permitted by Sections 5.2 and 5.12 of the Charter, notices and other information required to be published in a newspaper of general circulation within the City, shall be made in the Wheat Ridge Transcript; except that, where circumstances make publication ineffective or otherwise undesirable, the City may publish official notice on the City’s website. Section 3. This resolution shall be effective upon adoption. DONE AND RESOLVED this 13th day of January 2020. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 HOUSE BILL 19-1087 BY REPRESENTATIVE(S) Soper and Hansen, Coleman, McKean, Snyder, Williams D., Bockenfeld, Gray, Jaquez Lewis, Kipp, Rich, Tipper, Titone, Weissman; also SENATOR(S) Woodward and Bridges, Gonzales, Hisey, Moreno, Todd. CONCERNING ONLINE NOTICE OF PUBLIC MEETINGS OF A LOCAL GOVERNMENTAL ENTITY. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 24-6-402, amend (2)(c) as follows: 24-6-402. Meetings - open to public - legislative declaration - definitions. (2) (c) (I) Any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or at which a majority or quorum of the body is in attendance, or is expected to be in attendance, shall be held only after full and timely notice to the public. In addition to any other means of full and timely notice, a local public body shall be deemed to have given full and timely notice if the notice of the meeting is posted in a designated public place within the boundaries of the Capital letters or bold & italic numbers indicate new material added to existing law; dashes through words or numbers indicate deletions from existing law and such material is not part of the act. ATTACHMENT 2 local public body no less than twenty-four hours prior to the holding of the meeting. The public place or places for posting such notice shall be designated annually at the local public body's first regular meeting of each calendar year. The posting shall include specific agenda information where possible. (II) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT: (A) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT LOCAL GOVERNMENTS TRANSITION FROM POSTING PHYSICAL NOTICES OF PUBLIC MEETINGS IN PHYSICAL LOCATIONS TO POSTING NOTICES ON A WEBSITE, SOCIAL MEDIA ACCOUNT, OR OTHER OFFICIAL ONLINE PRESENCE OF THE LOCAL GOVERNMENT TO THE GREATEST EXTENT PRACTICABLE; (B) IT IS THE INTENT OF THE GENERAL ASSEMBLY TO RELIEVE A LOCAL GOVERNMENT OF THE REQUIREMENT TO PHYSICALLY POST MEETING NOTICES, WITH CERTAIN EXCEPTIONS, IF THE LOCAL GOVERNMENT COMPLIES WITH THE REQUIREMENTS OF ONLINE POSTED NOTICES OF MEETINGS; (C) A NUMBER OF FACTORS MAY AFFECT THE ABILITY OF SOME LOCAL GOVERNMENTS TO EASILY ESTABLISH A WEBSITE, POST MEETING NOTICES ONLINE, AND OTHERWISE BENEFIT FROM HAVING AN ONLINE PRESENCE, INCLUDING THE AVAILABILITY OF BROADBAND OR RELIABLE BROADBAND, THE LACK OF CELLULAR TELEPHONE AND DATA SERVICES, AND FISCAL OR STAFFING CONSTRAINTS OF THE LOCAL GOVERNMENT; (D) LOCAL GOVERNMENTS ARE ENCOURAGED TO AVAIL THEMSELVES OF EXISTING FREE RESOURCES FOR CREATING A WEBSITE AND RECEIVING CONTENT MANAGEMENT ASSISTANCE FROM THE COLORADO STATEWIDE INTERNET PORTAL AUTHORITY AND STATEWIDE ASSOCIATIONS REPRESENTING LOCAL GOVERNMENTAL ENTITIES; AND (E) IT IS THE INTENT OF THE GENERAL ASSEMBLY TO CLOSELY MONITOR THE TRANSITION TO PROVIDING NOTICES OF PUBLIC MEETINGS ONLINE OVER THE NEXT TWO YEARS AND, IF SIGNIFICANT PROGRESS IS NOT MADE, TO BRING LEGISLATION MANDATING IN STATUTE THAT ALL NOTICES BE POSTED ONLINE EXCEPT IN VERY NARROW CIRCUMSTANCES THAT ARE BEYOND THE CONTROL OF A LOCAL GOVERNMENT. (III) ON AND AFTER JULY 1, 2019, A LOCAL PUBLIC BODY SHALL BE PAGE 2-HOUSE BILL 19-1087 DEEMED TO HAVE GIVEN FULL AND TIMELY NOTICE OF A PUBLIC MEETING IF THE LOCAL PUBLIC BODY POSTS THE NOTICE, WITH SPECIFIC AGENDA INFORMATION IF AVAILABLE, NO LESS THAN TWENTY-FOUR HOURS PRIOR TO THE HOLDING OF THE MEETING ON A PUBLIC WEBSITE OF THE LOCAL PUBLIC BODY. THE NOTICE MUST BE ACCESSIBLE AT NO CHARGE TO THE PUBLIC. THE LOCAL PUBLIC BODY SHALL, TO THE EXTENT FEASIBLE, MAKE THE NOTICES SEARCHABLE BY TYPE OF MEETING, DATE OF MEETING, TIME OF MEETING, AGENDA CONTENTS, AND ANY OTHER CATEGORY DEEMED APPROPRIATE BY THE LOCAL PUBLIC BODY AND SHALL CONSIDER LINKING THE NOTICES TO ANY APPROPRIATE SOCIAL MEDIA ACCOUNTS OF THE LOCAL PUBLIC BODY. A LOCAL PUBLIC BODY THAT PROVIDES NOTICE ON A WEBSITE PURSUANT TO THIS SUBSECTION (2)(c)(III) SHALL PROVIDE THE ADDRESS OF THE WEBSITE TO THE DEPARTMENT OF LOCAL AFFAIRS FOR INCLUSION IN THE INVENTORY MAINTAINED PURSUANT TO SECTION 24-32-116. A LOCAL PUBLIC BODY THAT POSTS A NOTICE OF A PUBLIC MEETING ON A PUBLIC WEBSITE PURSUANT TO THIS SUBSECTION (2)(c)(III) MAY IN ITS DISCRETION ALSO POST A NOTICE BY ANY OTHER MEANS INCLUDING IN A DESIGNATED PUBLIC PLACE PURSUANT TO SUBSECTION (2)(c)(I) OF THIS SECTION; EXCEPT THAT NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE SUCH OTHER POSTING. A LOCAL PUBLIC BODY THAT POSTS NOTICES OF PUBLIC MEETINGS ON A PUBLIC WEBSITE PURSUANT TO THIS SUBSECTION (2)(c)(III) SHALL DESIGNATE A PUBLIC PLACE WITHIN THE BOUNDARIES OF THE LOCAL PUBLIC BODY AT WHICH IT MAY POST A NOTICE NO LESS THAN TWENTY-FOUR HOURS PRIOR TO A MEETING IF IT IS UNABLE TO POST A NOTICE ONLINE IN EXIGENT OR EMERGENCY CIRCUMSTANCES SUCH AS A POWER OUTAGE OR AN INTERRUPTION IN INTERNET SERVICE THAT PREVENTS THE PUBLIC FROM ACCESSING THE NOTICE ONLINE. (IV) FOR PURPOSES OF THIS SECTION, "LOCAL PUBLIC BODY" INCLUDES MUNICIPALITIES, COUNTIES, SCHOOL BOARDS, AND SPECIAL DISTRICTS. SECTION 2. In Colorado Revised Statutes, 32-1-903, amend (2) as follows: 32-1-903. Meetings. (2) Notice of time and place designated for all regular AND SPECIAL meetings shall be posted in at least thrcc pu auk, the-limits--of-the-specia-1-distriet,and, in addArun, vrre s notice si-raii-b-e-posteti-itrthe-o-ffree-erft-h-e-cotmtreferk-anci-rteorderirr the-county or counties in w hich the sptueial distrnti-s oca 11,1 11 PAGE 3-HOUSE BILL 19-1087 postca ana snailc cnangea in tllc cvcnt i putt or such regular meetings is changed PROVIDED IN ACCORDANCE WITH SECTION 24-6-402. Special meetings may be called by any director by informing the other directors of the date, time, and place of such special meeting, and the purpose for which it is called, and by posting PROVIDING notice as provided in this section at least seventy-two hours prior to said meeting IN ACCORDANCE WITH SECTION 24-6-402. All official business of the board shall be conducted only during said regular or special meetings at which a quorum is present, and all said meetings shall be open to the public. SECTION 3. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 2, 2019, if adjournment sine die is on May 3, 2019); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless PAGE 4-HOUSE BILL 19-1087 Leroy M. Garcia PRESIDENT OF THE SENATE 7 approved by the people at the general election to be held in November 2020 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. /(C/C7j-e-Cro&A..,... KC Becker SPEAKER OF THE HOUSE OF REPRESENTATIVES le.444.Jcz,c;e6-w Marilyn Eddths CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES JP/' ezx c.et_g& n)64A6-C-Ce Cindi L. Markwell SECRETARY OF THE SENATE APPROVED Api.L 25 r et c4--- t13 p .Nt (Date and Time) PAGE 5-HOUSE BILL 19-1087 ITEM NO: DATE: January 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 03-2020 – A RESOLUTION AMENDING THE FISCAL YEAR 2019 CAPITAL IMPROVEMENT PROGRAM AND OPEN SPACE BUDGETS TO REFLECT THE APPROVAL OF REDUCTIONS IN APPROPRIATIONS IN THE AMOUNT OF $4,699,431 AND $1,226,125, RESPECTIVELY PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Administrative Services Director City Manager ISSUE: 2018 budget carryovers and other supplemental budget appropriations were approved for the Capital Improvement Program (CIP) and Open Space budgets exceeding available resources, including revenues and fund balance. Section 10.10(c) of the Wheat Ridge City Charter authorizes the City Council to take action to prevent or minimize any deficit and for that purpose it may by resolution reduce one or more appropriations. This proposed resolution will amend the Fiscal Year 2019 CIP budget by reducing appropriations by $4,699,431 and the Fiscal Year 2019 Open Space budget by reducing appropriations by $1,226,125. PRIOR ACTION: None. FINANCIAL IMPACT: If the supplemental budget reductions are approved, the 2019 City Budget will be amended to recognize the CIP Fund $4,699,431 reduction and Open Space Fund $1,226,125 reduction in spending. 1b Council Action Form– Supplemental Budget Reductions January 13, 2020 Page 2 BACKGROUND: CIP Fund The 2019 CIP Budget was adopted by City Council on October 8, 2018 which included $10,578,792 in available revenues and $10,552,000 in expenditures. 2018 budget carryovers and other supplemental budget appropriations in the amount of $3,951,786 were approved in 2019 which increased total expenditures to $14,503,786. The increase in expenditures was primarily for the Wadsworth widening project; however, all those funds were not be expended in 2019. Budget law requires that available resources, including revenues and fund balance must be larger than appropriated expenditures. A resolution approving a budget reduction in the amount of $4,699,431 is required to ensure the City is complying with budget law. Open Space Fund The 2019 Open Space Budget was adopted by City Council on October 8, 2018 which included $4,071,827 in available revenues and $3,518,980 in expenditures. 2018 budget carryovers and other supplemental budget appropriations in the amount of $1,508,149 were approved in 2019 which increased total expenditures to $5,027,129. The increase in expenditures was primarily for the Anderson Park renovation project. Funding budgeted for the Prospect Park renovation project was not expended in 2019. Budget law requires that available resources, including revenues and fund balance must be larger than appropriated expenditures. A resolution approving a budget reduction in the amount of $1,226,125 is required to ensure the City is complying with budget law. RECOMMENDATIONS: Staff recommends approval of the proposed budget reductions. RECOMMENDED MOTION: “I move to approve Resolution 03-2020, a resolution amending the fiscal year 2019 City Budget to reflect Capital Improvement Fund budget reduction in the amount of $4,699,431 and Open Space Fund budget reduction in the amount of $1,226,125.” Or, “I move to postpone indefinitely Resolution 03-2020, a resolution amending the fiscal year 2019 City Budget to reflect Capital Improvement Fund budget reduction in the amount of $4,699,431 and Open Space Fund budget reduction in the amount of $1,226,125, for the following reason(s)_______________________.” REPORT PREPARED AND REVIEWED BY: Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 03-2020 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 03 Series of 2020 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2019 CAPITAL IMPROVEMENT PROGRAM AND OPEN SPACE BUDGETS TO REFLECT THE APPROVAL OF REDUCTIONS IN APPROPRIATIONS IN THE AMOUNT OF $4,699,431 AND $1,226,125, RESPECTIVELY WHEREAS, Section 10.10(c) of the Wheat Ridge City Charter authorizes the City Council to take action to prevent or minimize any deficit and for that purpose it may by resolution reduce one or more appropriations; and WHEREAS, it is necessary to reduce the approved Capital Improvement Program Fund budget to ensure a balanced 2019 budget; and WHEREAS, it is necessary to reduce the approved Open Space Fund budget to ensure a balanced 2019 budget. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A budget reduction in the amount of $4,699,431 to account #30-303-800-865; and a budget reduction in the amount of $1,226,125 to account #32-601-800-879. DONE AND RESOLVED this 13th day of January, 2020 ______________________________ Bud Starker, Mayor ATTEST: ______________________________ Steve Kirkpatrick, City Clerk ATTACHMENT 1 ITEM NO: DATE: January 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE QUARTERLY PAYMENTS TO THE JEFFERSON COUNTY COMMUNICATIONS AUTHORITY FOR E-911 CALL-TAKING AND POLICE RADIO DISPATCH SERVICES NOT TO EXCEED $645,743 FOR 2020 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Interim Chief of Police City Manager ISSUE: The Police Department is requesting authorization of payment to the Jefferson County Communications Authority (Jeffcom) in the amount of $645,743, to be paid in quarterly amounts. This amount is the City’s 2020 share of costs for the regional call-taking and dispatch center for police and fire agencies in Jefferson County. PRIOR ACTION: The City entered into an Intergovernmental Agreement (IGA) to provide for a regional communications authority for E-911 and police radio dispatching services on March 28, 2016. City Council subsequently approved a Dispatcher Transition and License Agreement on December 11, 2017, and approved the Member Services Agreement on February 26, 2018. FINANCIAL IMPACT: The City is responsible for 6.1% of the operating costs for Jeffcom, which is $645,743 in 2020, to be paid in quarterly payments of $161,435.75. These costs were anticipated and were included in the 2020 Police Department General Fund Budget, under account number 01-201-700-750 (Police Administration). There was no cost increase between 2019 and 2020. 1c Council Action Form –Jeffcom 2020 Payment January 13, 2020 Page 2 BACKGROUND: Discussions regarding a regional communications authority to provide E-911 and dispatch radio services began in 2009, when chief law enforcement representatives in Jefferson County agreed to examine the consolidation and regionalization of services that would benefit the agencies and community. Two consultant studies were conducted to examine whether consolidation of E-911 centers were beneficial to each agencies community. Both studies concluded that there was significant opportunity to enhance services to citizens, both financially and in level of service. During these discussions, a combination of sources were identified to fund Jeffcom. These funding sources included member agencies, fees collected from service users, and contributions from the Jefferson County Emergency Communications Authority (JCECA). An IGA was subsequently approved by each member agency in early 2016. The IGA outlines a funding formula termed the Equitable Sharing Cost Allocation Funding Formula. The formula includes standardized staffing costs, taking into account the costs expended by each Member to provide its own emergency services communications and dispatching center. The formula includes costs for supplies, services, equipment, maintenance and reserve funding, as well as employee salaries, benefits and training. Per the IGA, the City is responsible for 6.1% of the operating costs for Jeffcom, which equates to $645,743 in 2020. This amount is divided into quarterly installments of $161,435.75. E-911 call-taking and police dispatching services transitioned to Jeffcom on March 22, 2018, with the last agencies transitioning in April, 2019. RECOMMENDATIONS: Staff recommends that council approve and allow administrative payment of the quarterly 2020 Jeffcom payments, not to exceed a total of $645,743. RECOMMENDED MOTION: “I move to approve quarterly payments to the Jefferson County Communications Authority for E-911 call-taking and police radio dispatch services not to exceed $645,743 for 2020.” Or, “I move to deny quarterly payments to the Jefferson County Communications Authority for E-911 call-taking and police radio dispatch services not to exceed $645,743 for 2020 for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Dave Pickett, Interim Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. 2020 first quarter invoice from Jeffcom ATTACHMENT 1 ITEM NO: DATE: January 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 05-2020 – A RESOLUTION APPROVING THE 2020 POLICE RECRUIT TRAINING AGREEMENT TO PROVIDE LAW ENFORCEMENT ACADEMY TRAINING FOR SIX WHEAT RIDGE POLICE RECRUITS AT THE COMBINED REGIONAL ACADEMY PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Dave Pickett, Interim Chief of Police City Manager ISSUE: The Wheat Ridge Police Department (WRPD) is requesting approval of a training agreement between the City of Lakewood, on behalf of itself and Jefferson County, and the City of Wheat Ridge to train new recruit police officers beginning January 17, 2020. PRIOR ACTION: The City of Lakewood requires a new agreement be signed for each recruit academy class. A similar agreements was approved by City Council on January 14, 2019. FINANCIAL IMPACT: The costs associated with sending a police recruit to the Jefferson County Sheriff’s Office and Lakewood Police Department Combined Regional Academy is $6,500. The total cost of training the six recruits is $39,000, which is included in the 2020 Budget. 1d Council Action Form - Police Recruit Training Agreement January 13, 2020 Page 2 BACKGROUND: The Jefferson County Sheriff’s Office and Lakewood Police Department’s Combined Regional Academy currently holds two law enforcement training academy sessions, one in January and one in July. The Police Department uses this regional academy to train newly hired police recruits to become certified law enforcement officers as required by the Colorado Peace Officer’s Standards and Training Board (POST). For the January 2020 class, staff has reserved space for six police recruits to fill current position vacancies and to allow for attrition, which is likely to occur within the next six months. RECOMMENDATIONS: Staff recommends approval of this Police Recruit Training Agreement. RECOMMENDED MOTION: “I move to approve Resolution No. 05-2020, a resolution approving the 2020 Police Recruit Training Agreement to provide law enforcement academy training for six Wheat Ridge Police recruits at the Combined Regional Academy.” Or, “I move to postpone indefinitely Resolution No. 05-2020, a resolution approving the 2020 Police Recruit Training Agreement to provide law enforcement academy training for six Wheat Ridge Police recruits at the Combined Regional Academy, for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Jim Lorentz, Division Chief Dave Pickett, Interim Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 05-2020 2. 2020 Recruit Training Agreement ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 05 Series of 2020 TITLE: A RESOLUTION APPROVING THE 2020 POLICE RECRUIT TRAINING AGREEMENT TO PROVIDE LAW ENFORCEMENT ACADEMY TRAINING FOR SIX WHEAT RIDGE RECRUITS AT THE COMBINED REGIONAL ACADEMY WHEREAS, pursuant to C.R.S. § 29-1-203, the cities of Wheat Ridge and Lakewood, Colorado are authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to undertake; and WHEREAS, Lakewood and Wheat Ridge are each authorized to perform law enforcement functions pursuant to Section 6, Article XX of the Colorado Constitution and C.R.S. § 31-15-401; and WHEREAS, such law enforcement functions occasionally necessitate the training of new police officer recruits; and WHEREAS, Wheat Ridge does not employ a large enough number of police officer recruits or dedicated training staff to operate its own law enforcement training academy; and WHEREAS, the City of Lakewood operates a law enforcement training academy, in cooperation with the Jefferson County Sheriff’s Office; and WHEREAS, the Wheat Ridge Police Department recommends sending its police officer recruits to said academy, under those terms and conditions set forth in the intergovernmental agreement attached to this Resolution; and WHEREAS, the Wheat Ridge City Council (“Council”) finds that approval of the attached agreement would promote the public health, safety and welfare by providing cost-effective quality training to future Wheat Ridge police officers; and WHEREAS, the cost of attending the recruit training is $6,500 per recruit, and the police department has six new recruits to be trained; and WHEREAS, in accordance with Section 14.2 of the City’s Home Rule Charter, the City Council wishes to approve said intergovernmental agreement by resolution. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: The Police Recruit Training Agreement by and between the City of Lakewood and the City of Wheat Ridge, concerning the training of Wheat Ridge police officer recruits at the Combined Regional Academy at a cost of $6,500 per recruit, as attached to this 2 Resolution and incorporated herein by reference, is hereby approved. The Mayor and City Clerk are authorized to execute the same. DONE AND RESOLVED this 13th day of January, 2020. Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk COL Contract #XX-XXXXX POLICE RECRUIT TRAINING AGREEMENT This POLICE RECRUIT TRAINING AGREEMENT (the “Agreement”) is made and entered into this 13th day of January, 2020 (the “Effective Date”), by and between the CITY OF LAKEWOOD, a Colorado home rule municipal corporation whose principal business address is 480 South Allison Parkway, Lakewood, Colorado 80226 (“Lakewood”), on behalf of itself and Jefferson County, Colorado (the “County”), and the City of Wheat Ridge, a municipal corporation of the State of Colorado, with offices at 7500 W. 29th Avenue, Wheat Ridge CO 80033 (“Agency”). WHEREAS, Lakewood and the County conduct a joint academy for the training of law enforcement officers known as the Jefferson County Sheriff’s Office and Lakewood Police Department’s Combined Regional Academy (the “Academy”); and WHEREAS, Agency is desirous of having its police recruits (“Recruits”) attend Academy classes during the term of this Agreement, the number of such Recruits attending each Academy, and associated costs, to be agreed by the parties as set forth in Exhibit A attached hereto; and WHEREAS, Article XIV, Section 18 of the Colorado Constitution and Part 2, Article 1, Title 29, C.R.S., encourage and authorize intergovernmental agreements among government entities to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each. NOW, THEREFORE, for the mutual covenants and promises and other valuable consideration, the receipt and adequacy of which is expressly acknowledged, the parties hereby agree as follows: 1. Purpose. The purpose of this Agreement is to provide training of the Recruits at the Academy. 2. Term of Agreement. This Agreement shall have a term of five (5) years from the Effective Date. The provisions herein relating to insurance and the covenant not to sue shall survive the termination or expiration of this Agreement. 3. Description of Training. The Academy shall provide classroom instruction as well as all testing and evaluation of the Recruits as required by State of Colorado Peace Officer Standards and Training including, but not limited to, firearms training, police driving and arrest control. 4. Number of Recruits, Payment. Agency and Lakewood will agree on the number of Agency Recruits, if any, who will attend each Academy. Not later than fifteen (15) days prior to the commencement of an Academy, Agency shall pay to Lakewood the amount set forth in Exhibit A for the number of Agency Recruits that will attend. 5. Termination. Either party may terminate this Agreement by providing to the non-terminating party, not less than fifteen (15) days prior to the date of termination, written notice of termination including the effective date thereof. 6. Independent Contractor Status. Lakewood, the County and Agency are all governmental entities (each, an “Entity”). No officer or employee of any Entity shall be considered or deemed an officer or employee of any other Entity for any purpose, including worker’s compensation insurance benefits and any other benefit. The Recruits are and shall remain employees of Agency and as such are not eligible for any salary or benefits from Lakewood or the County. ATTACHMENT 2 Page 2 of 5 7. Insurance. a. Agency shall continuously maintain statutory Worker’s Compensation employer’s liability coverage. Agency is responsible for any deductible losses under such policies or payment of any retention amounts under a self-insurance program. A certificate of insurance acceptable to Lakewood must be provided upon execution of this Agreement unless the parties arrange otherwise. b. Both parties shall maintain general and auto liability, law enforcement liability and public officials’ liability insurance. Agency agrees to provide a certificate of insurance to Lakewood stating that notice of any cancellation of such insurance will be provided to Lakewood not less than thirty (30) days prior to any such cancellation. All cancellation notices shall be sent to the City of Lakewood, Risk Management Division. 8. Covenant not to sue. Agency, in connection with the training of its Recruits as provided herein, hereby agrees to release, waive and discharge, and covenants not to sue, Lakewood and the County, and their respective officers, employees and insurers, from and against any and all claims, damages, liabilities, demands and court awards of any kind whatsoever, which arise from any acts or omissions of any Recruit while being trained pursuant to this Agreement or thereafter, that are in any manner connected with any Recruit, if such injury, loss or damage is or is claimed to be caused in whole or in part by the act, omission or other fault of any Recruit or the training of Recruits hereunder. The parties understand, are relying upon and do not waive or intend to waive by any provision of this Agreement the monetary limitations or any other rights, immunities or protections, provided by the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101, et seq., as amended, or otherwise available to the parties and their officers or employees. 9. General Provisions. a. Integration, Amendment of Exhibit. This Agreement, including Exhibit A, which is incorporated herein by reference, contains the entire understanding among the parties, and no statement, promise or inducement made by either party that is not contained herein shall be valid or binding. This Agreement shall not be enlarged, modified, altered or extended, except in writing, signed by the parties and endorsed herein. For the avoidance of doubt, the parties agree that Exhibit A may be amended from time to time in a writing signed by the Chiefs of Police of Lakewood and Agency. This Agreement shall inure to the benefit of and be binding upon Lakewood and Agency and their successors and assigns. b. Assignment. This Agreement shall not be assigned by either party. c. Severability. If any part of this agreement is held by the courts to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining parts shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular part held to be invalid. d. Venue. Venue for any and all legal actions regarding the transaction covered herein shall lie in the District Court in and for Jefferson County, Colorado, and this transaction shall be governed by the laws of the State of Colorado. e. Authority. This instrument shall not constitute an agreement until accepted, in writing by the duly authorized representative of Lakewood and Agency. Page 3 of 5 f. Current Expenditures. Financial obligations of the parties after the current fiscal year are contingent on funds for that purpose being appropriated, budgeted and otherwise made available by each party’s City Council. The parties’ obligations under the Agreement shall be from year to year only and shall not constitute a multiple-fiscal year direct or indirect debt or other financial obligation of either party within the meaning of Article X, Section 20 of the Colorado Constitution. g. Counterparts; Electronic Disposition. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all such counterparts taken together shall be deemed to constitute one and the same instrument. The parties acknowledge and agree that the original of this Agreement, including the signature page, may be scanned and stored in a computer database or similar device, and that any printout or other output readable by sight, the reproduction of which is shown to accurately reproduce the original of this Agreement, may be used for any purpose as if it were the original, including proof of the content of the original writing. [Remainder of page intentionally blank – signatures follow.] Page 4 of 5 IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. CITY OF LAKEWOOD _____________________________________ Daniel J. McCasky, Chief of Police ATTEST: ____________________________________ Margy Greer, City Clerk Approved as to form: ____________________________________ Deputy City Attorney CITY OF WHEAT RIDGE Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk APPROVED AS TO LEGAL FORM: Gerald Dahl, City Attorney Page 5 of 5 EXHIBIT A Number of Agency Recruits and Payment Amount Academy commencement date: January 17, 2020 Number of Agency Recruits attending: 6 Amount per Agency Recruit payable to Lakewood: $6,500 Total amount payable from Agency to Lakewood for Recruit training: $39,000 ITEM NO: DATE: January 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY (CIRSA) FOR 2020 PROPERTY/CASUALTY PREMIUM IN THE AMOUNT OF $264,952.08 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Administrative Services Director City Manager ISSUE: The Colorado Intergovernmental Risk Sharing Agency (CIRSA) provides property/casualty coverage for the City of Wheat Ridge. The annual payment due for 2020 is $264,952.08. PRIOR ACTION: CIRSA premiums are budgeted line items in the 2020 adopted budget, General Government – Central Charges account. FINANCIAL IMPACT: For 2020, the City received a total of $5,169 in credits toward the property/casualty premium for proactive work of the employee Safety Committee in accident prevention and overall loss control efforts. BACKGROUND: Each year the City of Wheat Ridge completes a CIRSA audit and renewal application process for property/casualty coverage and the premium amount is based on the information provided through those processes. The pool billing amount is then reduced if the City is eligible for credits offered by CIRSA. The adjusted property/casualty payment for 2020 is $264,952.08, which reflects a minor increase of $1,422.53 compared to the 2019 premium. 1e Council Action Form – CIRSA Annual Premium Payment January 13, 2020 Page 2 RECOMMENDATIONS: Staff recommends payment of the CIRSA annual property/casualty premium. RECOMMENDED MOTION: “I move to approve payment to Colorado Intergovernmental Risk Sharing Agency (CIRSA) for 2020 property/casualty premium in the amount of $264,952.08” Or, “I move to deny the payment to Colorado Intergovernmental Risk Sharing Agency (CIRSA) for 2020 property/casualty premium in the amount of $264,952.08 for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Invoice #200119 - Property /Casualty Pool billing for 2020 City Of Wheat Ridge Attn: Laura McAvoy 7500 West 29th Ave. Wheat Ridge CO 80033 DESCRIPTION COVERAGE DATES AMOUNT DUE Date: January 01, 2020 Invoice #: 200119 ANNUAL INVOICE Member ID: 13100 01/01/2020-01/01/2021Property/Casualty Coverage: Auto Physical Damage $19,563.28 General Liability (including separately rated exposures)$14,535.89 Police Professional Liability $62,121.77 Property Damage $90,918.11 Public Officials E&O Liability $45,553.82 Auto Liability $37,428.21 $270,121.08Total Property/Casualty Coverage: ($5,169.00)2019 Loss Control Audit Credit $264,952.08TOTAL This invoice constitutes your Property/Casualty Pool billing for 2020. Based on your selection when you accepted your quote, you opted to pay your contribution premium in full. Payment is due on January 1, 2020. Payments Delinquencies are subject to CIRSA Bylaws, Article VIII (1) (a) and Article XV. This invoice includes all exposure changes reported to us from the time your renewal quote was calculated, August 15, 2019, to the time the invoice was calculated, December 20, 2019. Any changes between August 15 and December 20, including but not limited to the addition or deletion of buildings, mobile equipment and automobiles, are reflected in this invoice. Any changes after December 20 will be billed or credited separately. received in our office after February 15 will be charged interest at the current Prime Rate. PAYMENT OPTIONS: Pay On-Line by EFT: Bank Name: Wells Fargo Bank N.A. Account Name: CIRSA Routing Number: 102000076 Account Number: 1018076908 Pay by Check Mailing Address: CIRSA P.O. Box 910543 Denver, CO 80291-0543 Pay On-Line Website Address: https://www.cirsa.org/billpay ATTACHMENT 1 ITEM NO: DATE: January 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 07-2020 – A RESOLUTION CONSENTING TO CONTINUED INITIAL RESETTLEMENT OF REFUGEES IN WHEAT RIDGE, COLORADO PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO City Manager ISSUE: On September 26, 2019, President Trump issued Federal Executive Order 13888 “Enhancing State and Local Involvement in Resettlement.” This Executive Order requires states and local governments to confirm in writing whether they consent to initial refugee resettlement within their communities. Over the last two federal fiscal years, 13 refugees were initially placed in Wheat Ridge. Of these individuals, 62% were from the Democratic Republic of Congo and 38% were from Ukraine. Providing local consent means that the City of Wheat Ridge will continue to allow resettlement agencies to initially place newly-arrived refugee individuals and families within the Wheat Ridge community. PRIOR ACTION: On December 2, 2019, representatives from the International Rescue Committee, on behalf of the Ethiopian Community Development Council’s African Community Center, Lutheran Family Services Rocky Mountain Refugee and Asylee Programs and the International Rescue Committee in Denver, provided an update to City Council on the Executive Order issued by President Trump wherein state and local governments are given new authority regarding initial refugee resettlement. Consensus was reached by City Council to bring forward a resolution consenting to continued initial resettlement of refugees in Wheat Ridge. 1f Council Action Form – Refugee Resettlement Consent January 13, 2020 Page 2 FINANCIAL IMPACT: There is no direct financial impact in passing this Resolution. BACKGROUND: Resettlement agencies partner with the U.S. Department of State’s Bureau of Population, Refugees and Migration to provide services to refugees approved for resettlement through the U.S. Refugee Admissions Program. Since the passage of the Refugee Act of 1980, the United States has safely resettled over 3 million refugees. The U.S. accepts a limited number of refugees each year. The President, in consultation with Congress, determines the authorized target for annual refugee admissions through a Presidential Determination. Refugees referred for resettlement in the U.S. must satisfy the following criteria: 1) meet the definition of a “refugee” as determined by U.S. government officials; 2) be among those refugees determined by the President to be a special humanitarian concern to the U.S.; 3) be otherwise admissible under U.S. law; 4) not be firmly resettled in any foreign country. RECOMMENDATIONS: Staff recommends approval of the Resolution. RECOMMENDED MOTION: “I move to approve Resolution No. 07-2020, a resolution consenting to continued initial resettlement of refugees in Wheat Ridge, Colorado.” Or, “I move to postpone indefinitely Resolution No. 07-2020, a resolution consenting to continued initial resettlement of refugees in Wheat Ridge, Colorado for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 07-2020 2. Memo from International Rescue Committee, dated November 21, 2019 3. Refugee Resettlement in Wheat Ridge and the State of Colorado CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 07 Series of 2020 TITLE: A RESOLUTION CONSENTING TO CONTINUED INITIAL RESETTLEMENT OF REFUGEES IN WHEAT RIDGE, COLORADO WHEREAS, the City of Wheat Ridge has welcomed refugees facing religious, ethnic and political persecution in prior years; and, WHEREAS, the world is currently facing the worst refugee crisis in human history; and, WHEREAS, by definition, refugees are individuals who have been forced to flee their home country due to persecution based on their race, religion, nationality, political opinion, or social group; and, WHEREAS, resettlement is the last resort for refugees who cannot return to their home country and cannot rebuild their lives where they first fled; and, WHEREAS, the United States government operates the U.S. Refugee Admissions Program and mandates extensive refugee vetting for every refugee resettled to the United States; and, WHEREAS, the City of Wheat Ridge is currently the home of resettled refugees who may be joined by family members from which they have been separated; and, WHEREAS, community members, families, local organizations and faith-based institutions have supported the arrival and integration of refugee families for many years; and, WHEREAS, refugees have a significant net positive effect on the local economy; and, WHEREAS, local employers depend on refugee employees to help grow their businesses and refugee entrepreneurs provide jobs and generate economic activity that benefit the City of Wheat Ridge; and, WHEREAS, refugees contribute to the social and cultural richness of the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED, that with regards to federal Executive Order 13888 “On Enhancing State and Local Involvement in Resettlement,” the City Council of the City of Wheat Ridge consents to the initial resettlement of refugees and shall expressly confirm so in writing to the U.S. Department of State’s Bureau of Population, Refugees, and Migration upon passing of this resolution. ATTACHMENT 1 DONE AND RESOLVED this 13th day of January, 2020. Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk MEMO DATE: November 21, 2019 TO: Wheat Ridge City Council Members Valerie Nosler Beck, Leah Dozeman, Janeece Hoppe, Rachel Hultin, Judy Hutchinson, Korey Stites, Zachary Urban, and Amanda Weaver FROM: Ethiopian Community Development Council’s African Community Center (ACC), Lutheran Family Services Rocky Mountain Refugee and Asylee Programs (LFS) and the International Rescue Committee in Denver (IRC). SUBJECT: Refugee Resettlement in Wheat Ridge – Request for Consent On December 2, 2019, representatives from the International Rescue Committee, on behalf of the above-mentioned resettlement agencies (RAs), requests to apprise Wheat Ridge City Council of a recent Executive Order issued by President Trump wherein state and local governments are given new authority regarding initial refugee resettlement. Background • Executive Order (EO) 13888 (Attachment A), issued September 26, 2019, mandates a 90-day timeframe in which the U.S. Department of State must implement a new state and local consent process for refugee resettlement. • RAs will be required to obtain a letter of consent from each municipality, county, and state where they intend to initially place a refugee individual or family. o Written consent is required as part of each RA’s funding proposal to the U.S. Department of State’s Bureau of Population, Refugees, and Migration, and must be obtained no later than January 21, 2020. • Prior to EO 13888, RAs were required to engage in consultation with communities where 25 or more refugees were resettled annually. However, previously there was no requirement for each jurisdiction where a refugee individual or family could potentially be placed to provide explicit consent for initial resettlement. U.S. Refugee Admissions Programs • RAs partner with the U.S. Department of State’s Bureau of Population, Refugees and Migration (PRM) to provide services to refugees approved for resettlement through the U.S. Refugee Admissions Program. • Since the passage of the Refugee Act of 1980, the United States has safely resettled over 3 million refugees. • The U.S. accepts a limited number of refugees each year. The President, in consultation with Congress, determines the authorized target for annual refugee admissions through a Presidential Determination. • Refugees referred for resettlement in the U.S. must satisfy the following criteria: o Meet the definition of a "refugee" as determined by U.S. government officials. o Be among those refugees determined by the President to be of special humanitarian concern to the U.S. o Be otherwise admissible under U.S. law. o Not be firmly resettled in any foreign country. Role of a resettlement agency (RA) In addition to partnering with PRM, the RAs also partner with the Colorado Refugee Services Program under the Colorado Department of Human Services to provide holistic services that promote refugees’ successful integration in Colorado communities. In Colorado, refugees can access RA services for up to five years after their arrival. RA services may include: General case management and community orientation; health education, navigation and case management; job readiness training and job placement services; ESL enrollment; cultural orientation; psychosocial support programs; youth services; financial literacy; digital literacy; family stabilization services; immigration legal services; school enrollment; community integration support; and more. Figure 1: Funding for resettlement agencies and service timeline ATTACHMENT 2 Refugees in Colorado and Wheat Ridge • Since the Refugee Act of 1980, Colorado has welcomed more than 60,000 refugees. Currently, immigrants, refugees and other refugee-eligible populations comprise roughly 10% of Colorado’s population. • Over the last two federal fiscal years 13 refugees were initially placed in the City of Wheat Ridge. Of these individuals, 62% were from the Democratic Republic of Congo and 38% were from Ukraine. • According to a report by the New American Economy, there are 84,251 (10.9%) immigrants living in Congressional District 7 with a spending power of $1.9 billion. • Immigrants make up 29.2% of the construction workforce and 16.6% of manufacturing workforce in District 7. What does consent mean? • Providing local consent means that the City of Wheat Ridge will continue to allow RAs to initially place newly-arrived refugee individuals and families within their jurisdiction. • Wheat Ridge City Council will pass a resolution consent to the initial resettlement of refugees within their jurisdiction (see Attachment B). A copy of the consent resolution will be shared with the U.S. Department of State’s Bureau of Population, Refugees, and Migration and submitted by the RAs with their proposals to the Department of State to continue resettling refugees through the U.S. Refugee Admissions Program. Will refugees still be able to live in Wheat Ridge if consent is not provided? • Yes. The Executive Order will prevent RAs from initially placing refugees in your community and from providing them with services during their first 90 days in the U.S. However, refugees arrive in the U.S. with legal status and freedom of mobility and could decide to self-place in your city. Benefits of providing consent • Although a small number of refugees is initially placed in Wheat Ridge, many refugees have chosen to make Wheat Ridge their home—and some of them have family members they are hoping to be reunited with. If consent is provided and a family member of a Wheat Ridge resident is approved to come to the U.S., RAs would be able to place the newly-arrived individual in Wheat Ridge, where their family member is already residing. o If consent is not provided, RAs would not be able to place the reuniting family member in the same city where their loved one is currently residing. • Providing consent will allow RAs to serve refugees in your community and to provide vital services that allow newly-arrived refugees to learn about their community, find employment and become self-sufficient. o If consent is not provided, RAs will not be able to provide services to newly-arrived refugees in your community during the first 90 days they are in the U.S. This is a critical window of time that lays the foundation for longer-term success and community integration. • RAs regularly provide technical assistance to communities where refugees are resettled. Technical assistance ranges from providing training to police, fire and other first responders about working with refugee populations to providing support to school districts, health clinics and other providers as they work to provide trauma-informed, culturally and linguistically appropriate services. Additionally, RAs work very closely with faith organizations, civic groups and individuals to help them learn about their new neighbors and to engage them in an array of voluntary capacities that support the resettlement process. We respectfully request that Wheat Ridge City Council consider passing a resolution that would provide consent for Ethiopian Community Development Council’s African Community Center, Lutheran Family Services Rocky Mountain Refugee and Asylee Programs and the International Rescue Committee in Denver to initially place refugees within the city of Wheat Ridge’s jurisdiction. Thank you for your time and consideration. We are happy to answer questions and provide background information as needed to inform the City Council regarding local consent for refugee resettlement. Please also note that, although this communication has been initiated regarding implementation of EO 13888, communication about, or participation in, the implementation of the EO is not in any way an endorsement of the legality of the EO. Figure 2 Source: New American Economy, Immigrants and the Economy in: Colorado District 7 Refugee Resettlement in Wheat Ridge and the State of Colorado Colorado has a long and proud legacy of welcoming refugees who are fleeing war, violence and persecution. Since the Refugee Act of 1980, Colorado has welcomed more than 60,000 refugees. Refugee arrivals to Colorado • FY2016: 1,983 • FY2017: 1,512 • FY2018: 710 • FY2019: 845 FY189-FY19 refugee arrivals to Wheat Ridge • 13 individuals • Country of origin: 62% Democratic Republic of Congo; 38% Ukraine • 60% of placements in Wheat Ridge were a two parent family with children; 40% were minors reuniting with family or being welcomed by foster families How do resettlement agencies choose where refugees are initially placed? • Resettlement agencies (RAs) prioritize finding safe, decent and affordable housing for refugee families and individuals. • RAs prioritize finding housing that allows refugees to easily access public transportation and community services. • Many refugees coming to Colorado have family or friends (U.S. ties) already living in the state. RAs work to find housing near a refugees’ U.S. ties to promote family unity and enhance social supports. What services do Resettlement Agencies provide to refugees in Wheat Ridge? RAs provide many services, which may include: • Case management including housing assistance, school enrollment, and assistance navigating public benefits. • Health navigation, access to refugee health screenings and primary care, immunizations, medical case management, health education, and health insurance literacy. • Cultural orientation, ESL resources, job readiness training, job placement, and career counseling services. • Financial capabilities programming including financial literacy, coaching, credit building and auto loans. • Services for survivors of torture including access to legal, social, medical and mental health services. What do refugees contribute to Wheat Ridge and the State of Colorado? A 2017 economic and fiscal impact study commissioned by the Colorado Department of Human Services (CDHS) found that refugees contribute to our shared prosperity and growing economy. • For each refugee resettled in Colorado, four jobs are created. • Through every $1 in assistance received by a refugee, $1.68 is generated in output. • Through every dollar a refugee earns, over $25 is generated in output. • In Colorado, most refugees join the workforce less than 90 days after they arrive in the U.S. • According to a report by the New American Economy, there are 84,251(10.9%) immigrants living in Congressional District 7 with a spending power of $1.9 billion. • Immigrants currently make up 29.2% of the construction workforce and 16.6% of the manufacturing workforce in Congressional District 7. Refugee arrivals to Colorado by country of origin | FY2016 – FY2019 ATTACHMENT 3 ITEM NO: DATE: January 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 06-2020 – A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND JEFFERSON COUNTY REGARDING ROADWAY IMPROVEMENTS IN THE WHEAT RIDGE · WARD ROAD STATION AREA PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: As a part of the annexation being considered for portions of 52nd Avenue, Jefferson County (JeffCo) has agreed to provide a one-time cash contribution in the amount of $54,461 towards the improvements and maintenance of 52nd Avenue. This Intergovernmental Agreement (IGA) is necessary to provide a mechanism for JeffCo to provide their contribution. PRIOR ACTION: For several years, the City has led extensive visioning and planning efforts focused on the Wheat Ridge · Ward Station planning area. Numerous Council updates and actions have occurred at various stages in these processes. Council was most recently updated on April 1, 2019 on the status of the planning area and on private developments in the area. On January 28, 2019, Council approved an IGA with the City of Arvada to establish a cost sharing arrangement for the design and construction of 52nd Avenue. On September 23, 2019, Council was briefed on the proposed annexation at a study session. 1g Council Action Form – JeffCo 52nd Avenue IGA January 13, 2020 Page 2 On November 25, 2019, Council approved a resolution finding the annexation was in substantial compliance with CRS §31-12-107(1) and initiating annexation proceedings. On December 9, 2019, Council set the public hearing date for the annexation on January 13, 2020. FINANCIAL IMPACT: Staff originally worked with the City of Arvada and Jefferson County (JeffCo) on an IGA in order to establish a cost sharing arrangement for the design and construction of 52nd Avenue. The proposed cost share was 40% Wheat Ridge, 40% Arvada, and 20% JeffCo with the County’s maximum contribution capped at $600,000. On January 15, 2019, JeffCo notified both cities that they would no longer be participating in the 52nd Avenue project. Arvada staff expressed interest in continuing to participate in the 52nd Avenue project with a cost share of 50% for each city. An IGA with just the City of Arvada, which also includes cost sharing for Ridge Road, was subsequently approved by Council on January 28, 2019. With the annexation of the property, the City will be responsible for the proposed improvements and for long term street maintenance. JeffCo is providing funds to the City in the amount of $54,461 for improvements to and maintenance of the 52nd Avenue right-of-way. BACKGROUND: The Wheat Ridge · Ward Station planning area is one of four projects in the City’s Investing 4 the Future bond program which is benefitting from $12 million from the voter-approved, temporary ½-cent sales and use tax rate increase. Improvements to 52nd Avenue, and several other streets, have been identified and prioritized as an infrastructure project for the Wheat Ridge · Ward Station area and were specifically listed in the ballot language for the 2016 2E sales tax bond measure. Partnership with neighboring jurisdictions has been critical for these street improvements. In early 2018, the City Managers of Arvada and Wheat Ridge along with the County Manager of JeffCo signed a memorandum of understanding (MOU) agreeing to coordinate and cooperate on designing and funding mutually beneficial road improvements in the area surrounding the Wheat Ridge · Ward station area. Discussions between the staffs of the three jurisdictions continued through 2018 on an IGA that outlined the cost-sharing and other arrangements for the shared infrastructure improvements. During the negotiations for the IGA, it was decided to split the costs of 52nd Avenue in a proportional way based on the source of the traffic on the street instead of the amount of ROW that each jurisdiction had. For initial negotiating purposes, a split of 40% Wheat Ridge, 40% Arvada, and 20% JeffCo was used. A traffic analysis affirmed this cost share. On January 15, JeffCo notified both cities that they would no longer be participating in funding the 52nd Avenue project. As Council might imagine, a small section of roadway, located only Council Action Form – JeffCo 52nd Avenue IGA January 13, 2020 Page 3 partially in JeffCo ROW does not land high on the list of the County’s transportation funding priorities. After JeffCo’s withdrawal of funding, Arvada staff expressed interest in continuing to participate in the 52nd Avenue project with a cost share of 50% for each city and on January 28, Arvada and Wheat Ridge executed an IGA agreeing to share the costs of improvements to 52nd Avenue and Ridge Road. The split for 52nd Avenue is 50/50. The Ridge Road split is around 2/3 Wheat Ridge and 1/3 Arvada. More recently, JeffCo staff indicated that due to JeffCo’s ongoing budget issues, it would be difficult to even fund the necessary maintenance of the proposed improvements. This is largely due to the addition of storm sewer, curb/gutter, sidewalk, and buffer zone to the existing asphalt street. Therefore, JeffCo requested that Wheat Ridge annex the ROW along 52nd Avenue that is currently in JeffCo’s jurisdiction. While working with JeffCo on the annexation documents, JeffCo identified two different funds that could be contributed to the project. The first source of funding would be a reasonably accurate estimate of what JeffCo would spend over the next 20 years to maintain their portion of 52nd Avenue. City staff evaluated the JeffCo’s estimate, in the amount of $44,641, and has agreed that it is reasonably accurate. JeffCo has offered the estimated amount towards the construction cost of the project. The second source of funding was a cash-in-lieu payment that JeffCo received several years ago from a development along 52nd Avenue. The payment, in the amount of $10,000, has to be spent along this portion of 52nd Avenue, so JeffCo has offered the payment towards the construction of the project. The enclosed IGA memorializes Jefferson County’s contribution of $54,641 as part of the annexation. There are no other terms or conditions associated with the annexation. RECOMMENDATIONS: Staff recommends approving the IGA with JeffCo in conjunction with the annexation of their portions of 52nd Avenue between Ward Road and Tabor Street. RECOMMENDED MOTION: “I move to approve Resolution No. 06-2020, a resolution approving an Intergovernmental Agreement between the City of Wheat Ridge and Jefferson County regarding roadway improvements in the Wheat Ridge · Ward Road Station area.” Or, “I move to postpone indefinitely Resolution No. 06-2020, a resolution approving an Intergovernmental Agreement between the City of Wheat Ridge and Jefferson County regarding roadway improvements in the Wheat Ridge · Ward Road Station area for the following reason(s) __________________.” Council Action Form – JeffCo 52nd Avenue IGA January 13, 2020 Page 4 REPORT PREPARED/REVIEWED BY: Mark Westberg, Engineering Project Manager Steve Nguyen, Engineering Manager Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 06-2020 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 06 Series of 2020 TITLE: RESOLUTION NO. 06-2020 – A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND JEFFERSON COUNTY REGARDING ROADWAY IMPROVEMENTS IN THE WHEAT RIDGE · WARD ROAD STATION AREA WHEREAS, 52nd Avenue between Ward Road and Tabor Street is shared by the City of Wheat Ridge (City), Jefferson County (JeffCo), and the City of Arvada (“Arvada”), and is relied upon by citizens and stakeholders of the City, JeffCo, and Arvada; and WHEREAS, the City and JeffCo share an interest in planning, designing, constructing, and maintaining improvements to 52nd Avenue that serve the short and long-term interests of the citizens and stakeholders; and WHEREAS, an intergovernmental agreement has been prepared under which JeffCo has submitted a petition to Wheat Ridge to annex 52nd Avenue right-of-way for those areas that are in JeffCo between Ward Road and Tabor Street; and WHEREAS, JeffCo has agreed to provide a cash contribution in the amount of $44,461 which is equal to an estimate of their long term maintenance costs and an existing $10,000 cash-in-lieu payment for streetscape improvements; and WHEREAS, under the proposed intergovernmental agreement the City will assume responsibility for administering, managing, designing, funding, constructing, and maintaining 52nd Avenue within its jurisdiction. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. Contract Approved. Pursuant to section 14.2 of the home rule charter, the Intergovernmental Agreement with JeffCo regarding improvements to 52nd Avenue between Ward Road and Tabor Street, in the form attached hereto as Exhibit 1, is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same. DONE AND RESOLVED this 13th day of January 2020. Bud Starker, Mayor 2 ATTEST: Steve Kirkpatrick, City Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND JEFFERSON COUNTY REGARDING ROADWAY IMPROVEMENTS IN THE WHEAT RIDGE · WARD ROAD STATION AREA THIS INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND JEFFERSON COUNTY REGARDING ROADWAY IMPROVEMENTS IN THE WHEAT RIDGE · WARD ROAD STATION AREA (this “Agreement”) is made and entered into as of the ____ day of____________, 2020 by and between the City of Wheat Ridge (Wheat Ridge) and Jefferson County (JeffCo), a political subdivision of the State of Colorado, together referred to herein as the “Parties.” RECITALS WHEREAS, Article XIV, Section 18(2)(a), of the Constitution of the State of Colorado and Part 2, Article 1, Title 29, C.R.S., encourage and authorize intergovernmental agreements; WHEREAS, C.R.S. 29-1-203 authorizes governments to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each; WHEREAS, the Regional Transportation District (RTD) has completed a commuter rail station in Wheat Ridge near the intersection of Taft Court and Ridge Road, also referred to as the Wheat Ridge · Ward Road Station (the “Station”); WHEREAS, future development of real property surrounding the Station and extending into the territorial jurisdiction of all the Parties is expected to generate significant amounts of additional traffic over a multi-year period after the Station opens; WHEREAS, much of the existing roadway infrastructure is considered inadequate for meeting future projected traffic needs in the vicinity of the Station; WHEREAS, 52nd Avenue between Ward Road and Tabor Street is shared by the Parties and the City of Arvada (“Arvada”), as illustrated by Exhibit A, attached hereto and incorporated herein by this reference; and is relied upon by citizens and stakeholders of the Parties and Arvada; WHEREAS, the Parties share an interest in planning, designing, constructing, and maintaining improvements to those streets that mutually serve the short and long-term interests of the Parties; WHEREAS, Wheat Ridge and Arvada entered into an Intergovernmental Agreement in February of 2019 setting forth shared administration, management, and funding of the 52nd Avenue Improvements between Ward Road and Tabor Street, as illustrated by Exhibit B, attached hereto and incorporated herein by this reference (the “Arvada Agreement”); and JeffCo declined to join that agreement; WHEREAS, consistent with the Arvada Agreement, JeffCo has submitted a petition to Wheat Ridge to annex 52nd Avenue right-of-way for those areas that are in JeffCo between Ward Road and Tabor Street, as illustrated by Exhibit C, attached hereto and incorporated herein by this reference (the “Property”), for the purposes of administration, management, funding, and EXHIBIT 1 -2- maintenance of improvements. Said annexation has been conducted through a separate process in accordance with local and State regulations; WHEREAS, in October 2019, JeffCo filed an Annexation Petition with the Wheat Ridge City Clerk requesting that the Wheat Ridge City Council (the “City Council”) commence proceedings to annex into the City the Property, known as the 52nd Avenue Annexation; WHEREAS, the City Council held a duly noticed public hearing to consider annexation of the Property on January 13, 2020, and on January 13, 2020 annexed the Property by Ordinance No. _____, Series of 2019; WHEREAS, the City Council zoned the Property with the submitted 52nd Avenue Zoning Plan by Ordinance No._____, Series of 2019; WHEREAS, Wheat Ridge will be the jurisdiction responsible for the Property upon annexation; and WHEREAS, the Parties wish to enter into this Agreement under which Wheat Ridge assumes responsibility for administering, managing, funding, and maintaining the Property in perpetuity upon terms and conditions that fairly reflect the monetary value of the land and anticipated cost of maintenance, without this agreement Wheat Ridge would not annex the Property. COVENANTS NOW, THEREFORE, in consideration of the recitals, mutual covenants, and agreements contained herein, the sufficiency of which is expressly acknowledged, the Parties hereby agree as follows: 1. 52nd Avenue Improvements. Wheat Ridge desires to plan, design, and construct the transportation infrastructure and roadway improvements for 52nd Avenue between Ward Road and Tabor Street (“52nd Avenue Project”). The 52nd Avenue Project shall be administered, managed, and funded per the Agreement between Wheat Ridge and Arvada dated February 2019 (Exhibit B). 2. Maintenance Obligations. Upon completion of the 52nd Avenue Project, Wheat Ridge shall assume responsibility for the Property. In order to facilitate such maintenance, JeffCo has submitted a separate application to annex the 52nd Avenue Project roadway into Wheat Ridge. Said annexation has been conducted through a separate process in accordance with local and State regulations. 3. JeffCo to Provide Credit Towards 52nd Avenue Improvements and Maintenance. The parties agree that a reasonably accurate estimate of JeffCo’s twenty (20)-year cost of maintaining West 52nd Avenue would have been Forty-Four Thousand, Six Hundred and Forty-One Dollars ($44,641). In addition, cash-in-lieu for streetscape improvements from surrounding developments not less than Ten-Thousand Dollars ($10,000) plus interest is also being held by JeffCo for future improvements and maintenance of the Property. JeffCo agrees to provide, and Wheat Ridge agrees to accept, as consideration for Wheat Ridge acquiring the Property, and agreeing to improve and maintain the Property in perpetuity, a credit equal to the 20-year cost of maintenance and cash-in-lieu of public improvements in the amounts discussed above, to be applied to the 52nd Avenue Project. Jeffco will pay to Wheat Ridge, the above amount, or approximately Fifty-Four Thousand, -3- Six Hundred Forty-One Dollars and No Cents ($54,461.00), within 30 days after recordation of the annexation of the Property with the JeffCo Clerk & Recorder’s Office. 4. Term. This Agreement shall be and remain in effect until both the annexation of the Property has been recorded and the all of the funds discussed in item 3 have been paid to Wheat Ridge by JeffCo. 5. Liability. Each Party shall be responsible for its own negligent acts. To the extent permitted by law subject to all immunities, defenses and other protections afforded to the Parties pursuant to the Colorado Governmental Immunity Act, Section 24-10-101, et seq, C.R.S., each Party shall reimburse the other Parties for any costs, expenses or legal fees that such Parties may incur for any liability resulting from the negligent acts of the other Party in its performance of its obligations under this Agreement. 6. Notices. a. “Key Notices” under this Agreement are notices regarding any default or contractual dispute relating to this Agreement. Key Notices shall be given in writing and shall be deemed received if given by: (i) confirmed electronic transmission (as defined in subsection (b) below) when transmitted, if transmitted on a business day and during normal business hours of the recipient, and otherwise on the next business day following transmission, (ii) certified mail, return receipt requested, postage prepaid, three (3) business days after being deposited in the United States mail, or (iii) overnight carrier service or personal delivery, when received. For Key Notices, the parties will follow up any electronic transmission with a hard copy of the communication by the means described in subsection 6(a)(ii) or 6(a)(iii) above. All other daily communications or notices between the parties that are not Key Notices may be done via electronic transmission. Notice shall be given to the parties at the following addresses: To Wheat Ridge: Community Development Director City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Tel: (303) 235-2844 Email: kjohnstone@ci.wheatridge.co.us To Jefferson County: Director of Transportation & Engineering 100 Jefferson County Pkwy., Suite 3500 Golden, CO 80419-3500 Tel: (303) 271-8495 E-mail: TEDContracts@jeffco.us with a copy to: Jefferson County Attorney 100 Jefferson County Parkway, #5500 Golden, Colorado 80419 Tel: (303) 271-8900 E-mail: CAOContracts@jeffco.us -4- b. Electronic Transmissions. The Parties agree that: (i) any notice or communication transmitted by electronic transmission, as defined below, shall be treated in all manner and respects as an original written document; (ii) any such notice or communication shall be considered to have the same binding and legal effect as an original document; and (iii) at the request of either party, any such notice or communication shall be re-delivered or re-executed, as appropriate, by the party in its original form. The Parties further agree that they shall not raise the transmission of a notice or communication, except for Key Notices, by electronic transmission as a defense in any proceeding or action in which the validity of such notice or communication is at issue and hereby forever waive such defense. For purposes of this Agreement, the term “electronic transmission” means any form of communication not directly involving the physical transmission of paper, that creates a record that may be retained, retrieved and reviewed by a recipient thereof, and that may be directly reproduced in paper form by such a recipient through an automated process, but specifically excluding facsimile transmissions and texts. 7. No Waiver of Immunity. Each Party, its officers and its employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, as amended, or otherwise available to it, its officers and employees. 8. Amendments to Agreement. No changes, alterations or modifications to any of the provisions hereof shall be effective unless contained in a written agreement signed by the Parties. 9. Entire Agreement. This Agreement shall constitute the entire agreement between the parties hereto and shall supersede all prior contracts, proposals, representations, negotiations and letters of intent, whether written or oral, pertaining to the subject matter of this Agreement. 10. Situs, Venue and Severability. The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. For the resolution of any dispute arising hereunder, venue shall be in the Courts of the County of Jefferson, State of Colorado. If the final judgement of a court declares that any term or provision hereof is invalid, void, or unenforceable, the Parties agree to reduce the scope, duration, area or applicability of the term or provision, to delete specific words or phrases, or to replace any invalid, void or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the original intention of the invalid or unenforceable term or provision. In the event that such replacement is not possible, said term or provision shall be severed, and the validity and enforceability of the remaining provision of this Agreement shall not be affected thereby. 11. Paragraph Headings. Paragraph headings are inserted for convenience only and in no way limit or define the interpretation to be placed upon this Agreement. 12. Binding Agreement. This Agreement shall be binding upon and for the benefit of the parties hereto, their successors and assigns. 13. No Multi-Year Fiscal Obligation. The parties understand and acknowledge that each of them is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, -5- notwithstanding anything in this Agreement to the contrary, the obligations of each party are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the current fiscal period ending upon the next succeeding December 31. Financial obligations of each party payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of such party and other applicable law. Notwithstanding any other provision of this Agreement concerning termination or term, upon any party’s failure to appropriate such funds, this Agreement shall automatically terminate. Each party agrees to provide the other with thirty (30) days’ notice of its intent to fail to appropriate funds for purposes of this Agreement. 14. No Third-Party Beneficiaries. This Agreement will not confer any rights or remedies upon any person other than the Parties and their respective successors and permitted assigns. 15. Informational Obligations. Each Party hereto will meet its obligations as set forth in C.R.S. 29-1-205, as amended, to include information about this Agreement in a filing with the Division of Local Government; however, failure to do so shall in no way affect the validity of this Agreement or the remedies available to the Parties hereunder. 16. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The Parties approve the use of electronic signatures for execution of this Agreement. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, CRS §§ 24-71.3-101 to -121. 17. Authority to Enter Agreement. The signatures of those representatives of the Parties below affirm that they are authorized to enter into and execute this Agreement and that all necessary actions, notices, meetings, and/or hearings pursuant to any law required to authorize the execution of this Agreement have been made. [The remainder of this page is intentionally left blank.] -6- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF WHEAT RIDGE _________________________________ ____________________________ Steven Kirkpatrick, City Clerk Bud Starker, Mayor JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS ____________________________________ Donald J. Davis, County Manager APPROVED AS TO FORM: _____________________________ County Attorney’s Office -7- EXHIBIT A LIMITS OF 52ND AVENUE IMPROVEMENTS (see attached) (BASIS OF BEARINGS) W.52nd Ave. (60' ROW PER BK 2 PG 68) TA B O R S T . (R O W P E R B K 5 2 P G 1 0 ) UN I O N C T . (R O W P E R B K 5 3 P G 6 0 ) VI V I A N S T . (R O W P E R B K 5 3 P G 2 7 ) TA F T C T . (R O W P E R B K 1 1 4 P G 4 3 ) PARCEL #2 Containing 44,057 s.f.± WA R D R D . N89° 11' 13"E 2646.92' 286.07' N89° 11' 13"E 466.07'City of Wheat Ridge Un i n c o r p o r a t e d Je f f e r s o n C o u n t y Un i n c o r p o r a t e d Je f f e r s o n C o u n t y City of Arvada S LINE NW 1/4, Sec 17 W L I N E N E 1 / 4 , S e c 1 7 Un i n c o r p o r a t e d Je f f e r s o n C o u n t y SE 1/4 SEC. 17 NE 1/4 SEC. 17 TA F T C T . City of Arvada City of Wheat Ridge TA B O R S T . E L I N E N E 1 / 4 , S e c 1 7 PARCEL #1 Containing 5,400 s.f.± SW A D L E Y S T . S LINE NE 1/4, SEC 17 P.O.B. PARCEL #1 P.O.C. PARCEL #2 P.O.B. PARCEL #2 S89° 11' 13"W 1468.57' S89° 11' 13"W 180.00' N89° 11' 13"E 1468.58' S0° 17' 10"E 30.00' N0° 18' 28"W 30.00' N0° 18' 49"W 30.00' N89° 11' 13"E 180.00' NEW CITY OF WHEAT RIDGE BOUNDARY PER THIS ANNEXATION NEW CITY OF WHEAT RIDGE BOUNDARY PER THIS ANNEXATION 712.28' S0° 18' 49"E 30.00' 1 1 Feet 0 100 200 ” 11/25/19 SEC. 17 W 52nd Ave Wa r d R d C O L O R A D O REGIST E R E D P R O F E S SIONAL LA N D S U R V E Y O R28291 R O B E R T B. TAYL O R EXHIBIT A -8- EXHIBIT B INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF WHEAT RIDGE AND CITY OF ARAVADA (see attached) DocuSign Envelope ID: 1529F2C8-526C-4B35-8622-5492A5DAB698 INTERGOVERNMENTAL AGREEMENT AMONG CITY OF WHEAT RIDGE AND CITY OF ARVADA, REGARDING ROADWAY IMPROVEMENTS IN THE WHEAT RIDGE· WARD ROAD STATION AREA THIS INTERGOVERNMENTAL AGREEMENT AMONG THE CITY OF WHEAT RIDGE AND THE CITY OF ARVADA REGARDING ROADWAY IMPROVEMENTS IN THE WHEAT RIDGE · WARD ROAD STATION AREA is made and entered into as of the 4th day of March, 2019 by and between the City of Wheat Ridge (Wheat Ridge), a home rule municipal corporation of the State of Colorado and the City of Arvada (Arvada), a home rule municipal corporation of the State of Colorado together referred to herein as the "Parties." WHEREAS, Article XIV, Section 18(2)(a), of the Constitution of the State of Colorado and Part 2, Article 1, Title 29, C.R.S., encourage and authorize intergovernmental agreements; WHEREAS, C.R.S. 29-1-203 authorizes governments to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each; WHEREAS, the Regional Transportation District (RTD) has completed a commuter rail station in Wheat Ridge near the intersection of Taft Court and Ridge Road, also referred to as the Wheat Ridge · Ward Road Station (the "Station"); WHEREAS, future development of real property surrounding the Station and extending into the territorial jurisdiction of both Parties is expected to generate significant amounts of additional traffic over a multi-year period after the Station opens; WHEREAS, much of the existing roadway infrastructure is considered inadequate for meeting future projected traffic needs in the vicinity of the Station; WHEREAS, 52nd Avenue between Ward Road and Tabor Street is shared by the Parties and is relied upon by citizens and stakeholders of the Parties; WHEREAS, Ridge Road between Tabor Street and the Parties' boundary east of Simms Place is in Wheat Ridge and is relied upon by citizens and stakeholders of the Parties; and WHEREAS, the Parties share an interest in planning, designing, and constructing improvements to those streets that mutually serve the short and long-term interests of the Parties. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the sufficiency of which is expressly acknowledged, the Parties hereby agree as follows: 1. Traffic Study. The Parties shall commit funds to a comprehensive Traffic Study and subsequent revisions to ascertain future needs and traffic impacts to utilize for the design of specific streets and intersections, as described in the Traffic Study Scope of Work as depicted on the attached Exhibit A (the "Traffic Study"). Wheat Ridge shall act as "Lead Agency" for the Traffic Study and shall contract for and administer the Traffic Study and bill Arvada for their portion of the costs in accordance with the terms of this Agreement as set forth below. 2. Street Improvements. The Parties desire to plan, design, and construct the transportation infrastructure and roadway improvements for 52nd Avenue between Ward Road and Tabor Street and Ridge Road between Tabor Street and the Parties' boundary east of Simms Place (the "Street Improvements" or the "Street Project"). The Street Improvements shall be administered, managed, and funded as described below. EXHIBIT B DocuSign Envelope ID: 1529F2C8-526C-4B35-8622-5492A5DAB698 a. Lead Agency. Wheat Ridge shall serve as the "Lead Agency" and "Project Manager" for the design, construction, and project management of the Street Improvements. As the Lead Agency, Wheat Ridge shall coordinate and provide final roadway construction plans, conduct the bidding and award processes, provide construction contract management, construction inspection and quality assurance services, coordinate design and construction with public and private utilities and other agencies (including the Colorado Department of Transportation), and coordinate and manage the public process regarding the Street Improvements. b. Lead Agency Responsibilities. As part of the Lead Agency and Project Manager role as described in Section 2.a, Wheat Ridge shall be responsible for delivery of complete construction plans, bidding and awarding of a construction contract in accordance with the Lead Agency's policies for competitive bidding, preparation of pay estimates, performance of all construction inspection, construction staking, testing, and all related construction management and contract administration services. For-Bid construction plans for the Street Improvements shall be approved by Arvada in writing prior to Wheat Ridge advertising the Street Project for bid. In addition, Arvada will be given the opportunity to review and comment on the form of the construction contract proposed for the Street Project prior to the advertising the project for bid, and Wheat Ridge shall use reasonable efforts to incorporate Arvada's comments into the final contract. Wheat Ridge shall not award a construction contract and issue a Notice to Proceed without prior written approval of the bid results by Arvada. Any construction contract shall include a minimum one-year warranty on the improvements. c. Engineer's Estimate and Final Contract. As part of the construction management services provided by the Lead Agency, Wheat Ridge shall provide an Engineer's Estimate and projected cost share to Arvada prior to advertising the Street Project for bid. The Engineer's Estimate shall include a contingency amount up to 10% of projected costs to address unforeseen costs and expenses during construction. Arvada shall review and provide written approval of the Engineer's Estimate to the Lead Agency prior to submission of the Street Project for bid. The written approval of the Engineer's Estimate shall include a commitment by Arvada to fund the Street Project up to the amount included in the Engineer's Estimate, including contingencies. Should the actual contract prices for the Street Project after receipt of the bids exceed the Engineer's Estimate, Wheat Ridge shall not award a contract until written concurrence from Arvada is received and a commitment for the revised Street Project costs is received. Wheat Ridge, as the Lead Agency, will be responsible for issuing change orders as part of the contract management services. Wheat Ridge is not authorized to issue any change orders in excess of $10,000, unless agreed upon jointly by Arvada. In addition, Wheat Ridge shall not issue any change orders, regardless of amount, that would cause the cost of the Street Project to exceed the total project expenditures approved by the Parties to this Agreement. d. Maintenance Obligations. Upon completion of the project, the Parties will each be responsible for the maintenance of the facilities within their respective jurisdictions. Should the final design of the street necessitate a modification to maintenance responsibilities, the Parties agree to negotiate an amendment to this Agreement in good faith in order to equitably address the modification. 2 DocuSign Envelope ID: 1529F2C8-526C-4835-8622-5492A5DAB698 3. Reimbursement. The Lead Agency shall submit invoices to Arvada at the notice address below for project costs at regular intervals, but not more than monthly, as the project progresses. Arvada shall reimburse the Lead Agency for their respective share of the total cost as forth in this Agreement within forty-five (45) days of receipt of an invoice for services and costs which shows the project costs due and payable in sufficient detail to validate the expenditure. a. Traffic Study. The Parties agree that cost of the Traffic Study will not exceed $27,500. The Parties agree to share the costs of the Traffic Study as follows: Wheat Ridge 50% up to $13,500 and Arvada 50% up to $13,500. A revision to the Traffic Study has been deemed necessary. The Parties agree that the cost of revision will not exceed $17,060. The Parties agree to share the costs of the revision as follows: Wheat Ridge 50% up to $8,530 and Arvada 50% up to $8,530. In the event the cost of the Traffic Study or revision exceeds the agreed upon amounts, the additional cost must be agreed to by all Parties in advance in writing and shall be shared by the same percentages. b. 52nd Avenue Improvements. The Parties agree to share the Total Construction Cost (as defined below) of the 52nd Avenue Improvements as follows: Wheat Ridge 50% and Arvada 50%. c. Ridge Road Improvements. Wheat Ridge and Arvada agree to share the Total Construction Cost (as defined below) based on the distribution of the traffic from Wheat Ridge and Arvada that is projected to use that portion of Ridge Road in the revision to the Traffic Study. d. Total Construction Cost. The "Total Construction Cost" shall include all design and plan preparation services, construction contract, testing, permit fees, and any other construction related cost including the cost for the acquisition of any easements and right of way. The intent is the Parties will bear all costs of the construction for the entire project in accordance with the agreed upon percentages. 4. Additional Improvements Projects. The Parties acknowledge and agree that there are other transportation infrastructure projects that have been identified within Wheat Ridge · Ward Road Station area. The Parties agree to coordinate efforts on additional projects in the area including, but not limited to, Ward Road between 52nd Avenue and 1-70. As additional projects are identified, the Parties may amend this Agreement to include such projects. 5. Other Agencies. The Parties shall work together in an effort to encourage participation and assistance from the Regional Transportation District (RTD) and the Colorado Department of Transportation (COOT) as needed to successfully implement projects. 6. Grants and Funding. The Parties shall use reasonable efforts to pursue grants and funding opportunities as available to advance the improvements as described in this Agreement. 7. Term. This Agreement shall be and remain in effect for five (5) years from the date first set forth above, except for items 2.d., unless modified or extended by amendment to the Agreement. 8. Liability. Each Party shall be responsible for its own negligent acts. To the extent permitted by law subject to all immunities, defenses and other protections afforded to the Parties pursuant to the Colorado Governmental Immunity Act, Section 24-10-101, et 3 DocuSign Envelope ID: 1529F2C8-526C-4835-8622-5492A5DAB698 seq, C.R.S., each Party shall reimburse the other Parties for any costs, expenses or legal fees that such Parties may incur for any liability resulting from the negligent acts of the other Party in its performance of its obligations under this Agreement. 9. Notices. a. "Key Notices" under this Agreement are notices regarding any default or contractual dispute relating to this Agreement. Key Notices shall be given in writing and shall be deemed received if given by: (i) confirmed electronic transmission (as defined in subsection (b) below) when transmitted, if transmitted on a business day and during normal business hours of the recipient, and otherwise on the next business day following transmission, (ii) certified mail, return receipt requested, postage prepaid, three (3) business days after being deposited in the United States mail, or (iii) overnight carrier service or personal delivery, when received. For Key Notices, the parties will follow up any electronic transmission with a hard copy of the communication by the means described in subsection 9(a)(ii) or9(a)(iii) above. All other daily communications or notices between the parties that are not Key Notices may be done via electronic transmission. Notice shall be given to the parties at the following addresses: To Wheat Ridge: City Manager City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Tel: ---------Em a i I: -------- To Arvada: City Manager City of Arvada 81 01 Ralston Road Arvada, Colorado 80002 Tel: ------- b. Electronic Transmissions. The Parties agree that: (i) any notice or communication transmitted by electronic transmission, as defined below, shall be treated in all manner and respects as an original written document; (ii) any such notice or communication shall be considered to have the same binding and legal effect as an original document; and (iii) at the request of either party, any such notice or communication shall be re-delivered or re-executed, as appropriate, by the party in its original form. The Parties further agree that they shall not raise the transmission of a notice or communication, except for Key Notices, by electronic transmission as a defense in any proceeding or action in which the validity of such notice or communication is at issue and hereby forever waive such defense. For purposes of this Agreement, the term "electronic transmission" means any form of communication not directly involving the physical transmission of paper, that creates a record that may be retained, retrieved and reviewed by a recipient thereof, and that may be directly reproduced in paper form by such a recipient through an automated process, but specifically excluding facsimile transmissions and texts. 4 DocuSign Envelope ID: 1529F2C8-526C-4B35-8622-5492A5DAB698 10. No Waiver of Immunity. Each Party, its officers and its employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, as amended, or otherwise available to it, its officers and employees. 11. Amendments to Agreement. No changes, alterations or modifications to any of the provisions hereof shall be effective unless contained in a written agreement signed by the Parties. 12. Entire Agreement. This Agreement shall constitute the entire agreement between the parties hereto and shall supersede all prior contracts, proposals, representations, negotiations and letters of intent, whether written or oral, pertaining to the subject matter of this Agreement. 13. Situs, Venue and Severability. The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. For the resolution of any dispute arising hereunder, venue shall be in the Courts of the County of Jefferson, State of Colorado. If the final judgement of a court or arbitrator declares that any term or provision hereof is invalid, void, or unenforceable, the Parties agree to reduce the scope, duration, area or applicability of the term or provision, to delete specific words or phrases, or to replace any invalid, void or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the original intention of the invalid or unenforceable term or provision. In the event that such replacement is not possible, said term or provision shall be severed, and the validity and enforceability of the remaining provision of this Agreement shall not be affected thereby. 14. Paragraph Headings. Paragraph headings are inserted for convenience only and in no way limit or define the interpretation to be placed upon this Agreement. 15. Binding Agreement. This Agreement shall be binding upon and for the benefit of the parties hereto, their successors and assigns. 16. No Multi-Year Fiscal Obligation. The parties understand and acknowledge that each of them is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi- fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, the obligations of each party are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the current fiscal period ending upon the next succeeding December 31. Financial obligations of each party payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of such party and other applicable law. Notwithstanding any other provision of this Agreement concerning termination or term, upon any party's failure to appropriate such funds, this Agreement shall automatically terminate. Each party agrees to provide the other with thirty (30) days' notice of its intent to fail to appropriate funds for purposes of this Agreement. 17. No Third Party Beneficiaries. This Agreement will not confer any rights or remedies upon any person other than the Parties and their respective successors and permitted assigns. 5 DocuSign Envelope ID: 1529F2C8-526C-4835-8622-5492A5DAB698 19. Execution by Counterparts: Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The Parties approve the use of electronic signatures for execution of this Agreement. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, CRS §§ 24 71.3 101 to -121. 20. Authority to Enter Agreement. The signatures of those representatives of the Parties below affirm that they are authorized to enter into and execute this Agreement and that all necessary actions, notices, meetings, and/or hearings pursuant to any law required to authorize the execution of this Agreement have been made. IN WITNESS WHEREOF, the Parties have executed this Intergovernmental Agreement as of the date and year first set forth above. CITY OF WHEAT RIDGE Bud Starker, Mayor CITY OF ARVADA Kristen R. Rush, City Clerk Marc Williams, Mayor APPROVED AS TO FORM: Christopher K. Daly, City Attorney 6 DocuSign Envelope ID: 1529F2C8-526C-4835-8622-5492A5DAB698 EXHIBIT A DocuSign Envelope ID: 1529F2C8-526C-4B35-8622-5492A5DAB698 Scope of Wort for the Analysis of S2"Avenue 6/19/2018 52nd Ave-nue is an essential link that connects communities in Wheat Ridge (the City), Arvada and Jefferson County to transportation hubs, residences and other major regional routes. Determination of trip share from each of these jurisdictions is a critical step for the objective evaluation of relative use of vehicular trips on 52nd Avenue oriented to/from these jurisdiction~ Future pl.ans for 52nd Avenue include improvements to the cross section of 52nd Avenue, extension of 52nd Avenue to the east to connect to adjacent neighborhoods and overall improved c.irculation around the Ward Road station with focus on 52nd Avenue. These planned improvements will be funded through a pooled funding mechanism lik~y to be shared by the City of Wheat Ridge. Arvada and the County. This scope of work provides for tasks that quantify the traffic share from these three jurisdictions to 52nd Averue which will then be used as basis to agree upon cost sharing responsibilities. In order to quantify the trip share, the analysis methodology will consider three major elements; 1. Existing trip patterns and contribution of each city/county to these existing trips, 2. Determination of future land use and Its influence on current trip patterns, and 3. Additional induced demand that may draw new trips due to implementation of roadway improvements in the near future. Existing trip patterns will be assessed through the review of existing traffic counts (from previous studies for the area). This will help set a baseline for trip patterns under existing conditions. Next, the latest land use information will be compiled from various jurisdictions and ITE trip generation rates will be used to estimate new trips for the study area. These trips will then be distn'buted based on existing travel patterns and regional travel demand models (primarily RTD model). As a last step, induced travel demand due to roadway improvements (ex: extension of 52nd Avenue to the east to comect to existing neighborhoods) will be estimated through information from previous studies and a review of regional models. Trips generated from new land uses, projected trips from previous studies along with new induced trips will then be overlaid on top of existing trip patterns to yield a comprehensive estimate of trips from various jurisdictions. This final estimate will provide a robust framework for determining the fiscal responsibilities of the various stakeholders with respect to funding improvements for 52nd Avenue. This proposed scope of work is discussed in more detaD in the sections below. Task 1: Project Management We propose a 3-month schedule to perform the scope of work proposed herein and submit a draft and final report. Task 1.1 Bi-Weekly Progn!SS Meetinp For the duration of this project, AECOM proposes to hold bi-weekly progress meetings via teleconference/webinar. Draft meeting minutes will be prepared and distributed to the meeting attendees no later than three (3) business days from the date of the meeting. The purpose of these meetings is to regularly share project 1 DocuSign Envelope ID: 1529F2C8-526C-4B35-8622-5492A5DAB698 progress, receive feedbadc, ensure that the project is meeting the City's needs, and course-corrections are applied early as needed. Task 1.2 Ploject Kick-off Critical to success is the up-front understanding of the project's intent. As a first step, we propose to conduct a kick-off meeting with key stakeholders to confirm the stakeholder's needs and expectations for this study. Study approach, assumptions, methodologies and anticipated outpUts will be discussed duringthls meeting. Deliverables • 5 one-hour Interviews and summary • Draft and final project kick-off presentation • Kick-off facilitation and summary • Final scope of work Task 2: Exlltlng Conditions Assessment The foundation of the proJ«t will be the assessment of existing conditions and the traffic patterns for existing conditions since all future year demand shall be projected based on existing travel patterns. Task 2.1-Capacity Analvsis Capacity analysis for existing conditions and any subsequent operational anatysis shall be conducted by the Consultant using SYNCHRO software and HCM based methodologies. Intersection level of service wm be primary mode of quantifteation of traffic operations. The following intersections shall be included as part of the existing conditions assessment • 52nd& Ward • Ridge & Ward • I• 70 Frontage & Ward • 1-70 Frontage & Tabor • Ridge & Tabor • 52nd & Tabor • 52nd & Taft • Ridge & Taft Input data for existing conditions analysis shall be obtained from previous studies conducted for the study area. Daily traffic volumes, turning movement counts, travel time studies and other relevant Information will be gteaned from the studies. Any data gaps that need to be addressed shall be identified and new data collection shal be conducted to obtain all required traffic census data for the existing conditions analysis. Proposed new data collection shall be submitted to the City in email format for review and approval prior to the commencement of data collection. The City shall furnish all documents and reports related to previous studies conducted for the study area. Results of the existing conditions analysis shall be summarized as level-of-service analysis and tabulated for use In the final report. Task 2.2-Origin-Destination Analysis (Optional Task) At the discretion and direction the City, the Consultant may conduct an Origin-Destination analysis for traffic the currently uses 52nd Avenue during a typical AM and PM weekday peak 2 DocuSign Envelope ID: 1529F2C8-526C-4835-8622-5492A5DAB698 hour. This will likely be necessary to understand the complex travel pattern and utilization of 52rd Avenue better. A license plate survey shall be conducted to obtain the necessary data for an origin-destination analysis. Locations for the census of license plates, methodologies and assumptions shaM be submitted to the City via email for review and approval prior to commencing the data collection. Results ofthe analysis shall be summarized by the Consultant in a graphical format for use in future year travel projection, further analysis of existing and future traffic and inclusion in the final report. Task 2 Deliverables • Digital compilation of raw traffic census data • Email summary of data collection plan • Email summary of license plate survey approach (if approved by the City) Task 3: Trawl Demand Analysis Analysis of future year conditions for the study area will be conducted using a multi-stage approach. First, travel demand will be assessed for future conditions after careful consideration of changes to land use in the area. Roadway network improvements will then be accounted for to generate an accurate picture of induced travel demand. Finally, regional models will be reviewed to assess the projected origins and destinations of trips for future year conditions. Major analysis sub-tasks for the future year analysis are discussed below. Task 3.1 land Use Change5 and its lmpac.t on Futull! Year Travel Demand The Consultant shall review all previous traffic studies for the study area and compile a reasonable growth rate based on these studies. Subsequently, the Consultant shall review the land use assumptions used for these studies and summarize them for review by the City. Next, the Consultant shall coordinate with all stakeholders to obtain the most recent information regarding projected changes to land use within the study area which wDI be compared against land use information in current studies to determine the differential increase In land use intensity. This differential change in land use will be used as Input conduct trip generation with the use of ITE handbooks to quantify new trips that would have to be added on to the current travel demand projections from previous studies. These new trips will be assigned to the network based on existing travel patterns and information contained in the regional travel demand models (primarily RTOs travel demand model). The resultant analysis volumes along with assumptions and methodologies will be presented to the City via email for review and approval Task 3.2 Estimation of Induced Demand due to the extension of srct Avenue The Consultant shall also review demand models developed for other studies to determine the influence of extending 52'"1 Avenue to the east on the projected travel demand for future cond itlons. The anticipated increase in travel along 52'111 Avenue due to this connection will be quantified as a percentage increase in the projected future demand from task 3.1. This percentage increase will be applied to resultant volumes from task 3.1 to derive the final analysis volumes for the study. Task 3.3: Quantification of Trip Contribution to 52nd Avenue The Consultant shall use travel demand information from tasks 3.2 and 33 and superimpose 3 DocuSign Envelope ID: 1529F2C8-526C-4B35-8622-5492A5DAB698 thls data on top of existing travel patterns to obtain trip contribution from the three jurisdictions. This will then be used to suggest fiscal responsibilities for the various stakeholders to Implement improvements determined in the folowlng task. Results of the analysis from Task 3 shall be summarized by the Consultant in the form of a Travel Demand Analysis Technical Memorandum and circulated to the stakeholders for review and comment before finalizing the document. No further tasks shall be initiated before the approval of this document by the stakeholders. Deliverables • Draft and final Travel Demand Analysis Technical Memorandum Task 4: Futan Year Analysis Data from tasks 1, 2 and 3 will be used as input by the Consultant to conduct future year analysis. Analysis of traffic operations for future year will consist of no-action intersection analysis to serve as a comparison baseline. Locations that function at LOS E or F will be further analyzed to determine mitigations required to improve the operations to LOSO or better. A cost analysis will be conducted by the Consultant to improve operations from which a cumulative project cost will be developed. This cumulative cost will then be distributed based on traffic contribution from the various jurisdictions. Results of the future year analysis along with existing conditions, travel demand calculations and cost assignments will be summarized in a final study report and submitted to the City for review and approval. Deliverables • Draft Study Report • Final Study Report 4 DocuSign Envelope ID: 1529F2C8-526C-4B35-8622-5492A5DAB698 No. 2 3 4 5 hut Ridg• Traffic An;alysis -fff Estimaw AECOII T•chnical Semen Kick4' QA/QC LandUs.C and ilsl on Fukn Tra,... Dam.and Estimation of Induced Demand 0uanlificaiion of T.-., Conlribution QA/QC I•~ Draft TtlCihnic:al R-s,ort F"m.,ol Tedlnical R . ' ... - On-Call Contract~ Sublotal Hours Sublolal Labor c- Pro;.ct Manager 4 8 2 2 2 2 4 2 2 2 30 $ II.ODO $ Traffic Analysis -AECOM Fee Taskl•ad Staff Engineer Pro]Kt Assistan15 4 8 II 4 18 8 111 24 2 12 24 38 12 24 38 12 2◄ 38 8 111 24 2 II II 1◄ 4 4 10 0 118 118 4 220 il.520 $ 11,328 $384 $27,232 Subtot.al AECOM~ 220 SublutalAECOM Labor $ 27 2 Trawl-d uction s 200 TotalCost $ 27,432 Lum Sum $ 12,000 5 -9- EXHIBIT C LEGAL DESCRIPTION OF THE PROPERTY (see attached) EXHIBIT C SHEET 1 OF 3 TWO (2) PARCELS OF LAND BEING A PART OF THE SOUTH 30 FEET OF SAID NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, AND ALSO BEING A PORTION OF THE NORTH 30 FEET OF A 60-FOOT WIDE ROAD AS SHOWN ON “PLAT OF STANDLEY HEIGHTS” AS RECORDED IN THE RECORDS OF JEFFERSON COUNTY IN BOOK 2, AT PAGE 68, MORE PARTICULALY DESCRIBED AS FOLLOWS: PARCEL 1 BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 17, SAID POINT BEING THE POINT OF BEGINNING; THENCE N00°18’49”W ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 17, A DISTANCE OF 30.00 FEET; THENCE N89°11’13”E, A DISTANCE OF 180.00 FEET TO A POINT ON THE WEST LINE EXTENDED OF LOT 1, BLOCK 1, CRESTONE INDUSTRIAL MINOR SUBDIVISION FILING NO. 1, AS RECORDED IN THE RECORDS OF JEFFERSON COUNTY AT RECEPTION NUMBER 94055570; THENCE S00°18’49”E ALONG SAID WEST LINE EXTENDED, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER OF SECTION 17; THENCE S89°11’13”W ALONG SAID SOUTH LINE, A DISTANCE OF 180.00 FEET TO THE POINT OF BEGINNING. CONTAINING 5,400 SQ. FT. (0.1240 ACRES) MORE OR LESS. PARCEL 2 COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 17; THENCE N89°11’13”E ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 466.07 FEET TO A POINT ON THE EAST LINE EXTENDED OF TRACT “A”, ASPEN BUSINESS PARK AS RECORDED IN THE RECORDS OF JEFFERSON COUNTY AT RECEPTION NUMBER 77921630, SAID POINT BEING THE POINT OF BEGINNING; THENCE N00°18’28”W ALONG SAID EAST LINE EXTENDED, A DISTANCE OF 30.00 FEET; THENCE N89°11’13”E, A DISTANCE OF 1468.58 FEET TO THE SOUTHWEST CORNER OF LOT 21, RAINBOW RIDGE FILING NO. 2, AS RECORDED IN THE RECORDS OF JEFFERSON COUNTY AT RECEPTION NUMBER 77883587; THENCE S00°17’10”E ALONG THE WEST LINE EXTENDED OF SAID LOT 21, RAINBOW RIDGE FILING NO. 2, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 17; THENCE S89°11’13”W ALONG SAID SOUTH LINE OF THE NORTHEAST QUARTER, A DISTANCE OF 1468.57 FEET TO THE POINT OF BEGINNING; CONTAINING 44,057 SQ. FT. (1.0114 ACRES) MORE OR LESS.     SHEET 2 OF 3 BASIS OF BEARINGS: BEARINGS FOR BOTH PARCELS ARE BASED ON THE ASSUMPTION THAT THE SOUTH LINE OF THE NE 1/4 OF SECTION 17 BEARS N89°11’13”E, PER CITY OF WHEAT RIDGE MODIFIED NAD83/92 (NAD83 HARN) STATE PLANE COORDINATE SYSTEM. THE SOUTHWEST CORNER NE 1/4 OF SECTION 17 IS A FOUND NO. 6 REBAR IN RANGE BOX AND THE SOUTHEAST CORNER NE 1/4 OF SECTION 17 IS A FOUND 3 1/4” BRASS CAP LS 13212 DATED 1984 IN A RANGE BOX. Prepared By: Robert B. Taylor, PLS #28291 For and on behalf of: Jefferson County Transportation & Engineering 100 Jefferson County Parkway, Suite 3500 Golden, Colorado 80419 (303) 271-8495 MA T C H L I N E (Basis of Bearings) W. 52nd Ave. (60.0' ROW) P.O.B. PARCEL #2 UN I O N C T . VI V I A N S T . PARCEL #1 Containing 5,400 s.f.± N89° 11' 13"E 2646.92' N0° 18' 49"W 30.00'S0° 18' 49"E 30.00' 286.07' 466.07' N0° 18' 28"W 30.00'N89° 11' 13"E 1468.58' S89° 11' 13"W 1468.57'City of Wheat Ridge 5176* .+0' 0'  N89° 11' 13"E 180.00' S89° 11' 13"W 180.00' N89° 11' 13"E (Basis of Bearings) SE CORNER NE 1/4SEC. 17-T03S-R69WFOUND 3-1/4" BRASS CAP LS 13212DATED 1984, IN RANGE BOX TA B O R S T . TA F T C T . N89° 11' 13"E 2646.92' N89° 11' 13"E 1468.58' S89° 11' 13"W 1468.57' S0° 17' 10"E 30.00' 712.28' 5176* .+0' 0'  MA T C H L I N E (Basis of Bearings) N89° 11' 13"E 2646.92' 5176* .+0' 0'  S89° 11' 13"W 1468.57' N89° 11' 13"E 1468.58' FILE: DRAWN BY: DATE: 10/22/19COLORADO REGIST E R E D P R O F E S SIONAL LA N D S U R V E Y O R28291 R O B E R T B. TAYL O R TRANSPORTATION AND ENGINEERING 100 JEFFERSON CNTY PKWY, STE 3500 GOLDEN CO, 80419 (303) 271-8495 DIVISION OF Note: This exhibit does not represent a monumented survey and is intended only to depict the attached property description. ANNEXATION WEST 52ND AVENUE 10/22/19 J.A.L. G:\PROJECTS\5042_Special Projects_5th Floor\52nd Ave. Annex\5042_W52Ave_Annex.dwg PARCEL #2 Containing 44,057 s.f.± WA R D R D . PAR C E L 1 BE Y E R S S U B D I V I S I O N PA R T O F L O T 1 2 STA N D L E Y H E I G H T S RAINBOW RIDGEFILING NO. 2 LOT 19 LOT 20 LOT 22 LOT 21 PART OF LOT 10 &11STANDLEY HEIGHTS PA R T O F L O T 1 0 ST A N D L E Y H E I G H T S PA R T O F L O T 1 0 ST A N D L E Y H E I G H T S PA R T O F L O T 9 & 1 0 STA N D L E Y H E I G H T S DONNA KAYSUBDIVISION LOT 2BLK 2 LOT 1BLK 2 LOT 2BLK 1 LOT 1BLK 1 PART OF LOT 8 STANDLEY HEIGHTS PAR T O F L O T 8 PA R C E L " B " RE C . N O . 2 0 1 8 0 5 8 0 0 9 CRESTONEINDUSTRIAL MINORSUB. FIL. NO. 1 PA R T O F L O T 7 ST A N D L E Y H E I G H T S SW CORNER NE 1/4SEC. 17-T03S-R69WFOUND NO. 6 REBARIN RANGE BOX P.O.B. PARCEL #1 P.O.C. PARCEL #2 TRACT "A"ASPEN BUSINESSPARK NE 1/4 SEC. 17 SE 1/4 SEC. 17 ITEM NO: DATE: January 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO PINNACOL ASSURANCE FOR 2020 WORKERS COMPENSATION PREMIUM IN THE AMOUNT OF $244,289 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Administrative Services Director City Manager ISSUE: As approved in the 2020 budget, Pinnacol Assurance provides workers compensation insurance for the City of Wheat Ridge. The annual payment due for 2020 is $244,289. PRIOR ACTION: This workers compensation insurance premium is a budgeted line item in the 2020 adopted budget, General Government – Central Charges account. FINANCIAL IMPACT: The 2020 premium is approximately $10,000 less than budgeted. BACKGROUND: Due to premium increases and service levels, the City elected to research options for workers compensation coverage in 2020. The City’s history of risk mitigation efforts and management of worker compensation claims resulted in a favorable experience modification rate and thus a lower premium with Pinnacol Assurance. Pinnacol Assurance began providing coverage for workers compensation on January 1, 2020 as approved in the 2020 budget. This annual premium is approximately $110,000 less than the 2019 premium. 1h Council Action Form – Pinnacol Assurance Annual Premium Payment January 13, 2020 Page 2 RECOMMENDATIONS: Staff recommends payment of the Pinnacol Assurance annual workers compensation premium. RECOMMENDED MOTION: “I move to approve payment to Pinnacol Assurance for 2020 workers compensation premium in the amount of $244,289” Or, “I move to deny payment to Pinnacol Assurance for 2020 workers compensation premium in the amount of $244,289 for the following reasons .” REPORT PREPARED/REVIEWED BY: Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Invoice #19857977 – Pinnacol Assurance billing summary Policy Number Invoice Date Invoice Number 4220613 01/03/2020 19857977 Previous Balance $27,137.00 Current Activity $217,152.00 see back for details Total Due By 01/22/2020 $244,289.00 Policy Number 4220613 Invoice Number 19857977 Total Due By 01/22/2020 $244,289.00 Go paperless. Access your invoice online 24/7 from the Quick Links section on Pinnacol.com. City of Wheat Ridge 7500 W 29th Ave Wheat Ridge, CO 80033-8001 Pinnacol Assurance PO Box 561434 Denver, CO 80256-1434 Your agent is: IMA, Inc 303-534-4567 To call Pinnacol directly: 800.873.7242 Thank you for being a Pinnacol Assurance customer since 2020. Sign up for Pinnacol's Policyholder Portal, a simple and secure way to manage your policy online. Say goodbye to postage stamps and opt into electronic invoices, make credit card or EFT payments, set up recurring payments, and more. To get started, visit Pinnacol.com and click SIGN IN on the top right side of the page. If you have any questions, call us at 303.361.4840. Visit Pinnacol.com ATTACHMENT 1 ITEM NO: DATE: January 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 01-2020 AND COUNCIL BILL NO. 22-2019 –A RESOLUTION MAKING FINDINGS OF FACT REGARDING A PETITION FOR ANNEXATION OF TWOSEGMENTS OF RIGHT-OF-WAY LOCATED IN SECTION17, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTHPRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATEOF COLORADO AND AN ORDINANCE APPROVING THEANNEXATION (CASE NO. ANX-19-01) Note: Staff will present the annexation and zone change related to 52nd Avenue at one time, including Agenda Items 2 and 3. Staff requests that these items are introduced at one time and that the public hearings for the annexation and zone change are opened concurrently. Separate motions will be required as provided in the respective Council Action Forms. PUBLIC HEARING ORDINANCES FOR 1ST READING (12/09/2019) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/13/2020) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________ Community Development Director City Manager ISSUE: Improvements to 52nd Avenue have been identified and prioritized as an infrastructure project for the Wheat Ridge · Ward Station area and were specifically listed in the ballot language for the 2016 2E sales tax bond measure. Jefferson County owns two segments of the northern portion of 52nd Avenue right-of-way between Ward Road and Tabor Street, and annexation of those segments into the City of Wheat Ridge will simplify the design, construction and future maintenance of 52nd Avenue. The annexation process is dictated by state statute, and this resolution and ordinance are required steps for approval. 2 Council Action Form – 52nd Avenue Annexation January 13, 2020 Page 2 PRIOR ACTION: City Council was briefed on the proposed annexation at a study session on September 23, 2019. Jefferson County submitted an annexation petition to the City on October 11, 2019. Subsequently on November 25, 2019, City Council approved a resolution finding the annexation in substantial compliance with CRS §31-12-107(1) and initiating annexation proceedings. The enclosed annexation ordinance was approved on first reading on December 9, 2019. FINANCIAL IMPACT: With the annexation of the property, the City will be responsible for the proposed improvements and for long term street maintenance. Fees for annexation were waived with the petition, but Jefferson County is providing funds to the City in the amount of $54,461 for improvements to and maintenance of the 52nd Avenue right-of-way. This is reflected in the Intergovernmental Agreement that is also being presented to Council for approval at the January 13 meeting. BACKGROUND: The subject right-of-way is located along the northern portion of 52nd Avenue, between Ward Road and Tabor Street, and is currently located within Unincorporated Jefferson County. It is comprised of two segments of right-of-way that total 1.14 acres in size. Improvements to 52nd Avenue have been identified and prioritized as an infrastructure project for the Wheat Ridge · Ward Station area and were specifically listed in the ballot language for the 2016 2E sales tax bond measure. In order to simplify the construction of the public improvements and provide satisfactory maintenance for the full width of right-of-way, it has become necessary for the City to annex the Jefferson County portions of 52nd Avenue right-of-way (ROW) to accommodate sidewalks and a center turn lane to this street. Therefore, Jefferson County has requested that Wheat Ridge annex the ROW along 52nd Avenue that is currently in Jefferson County’s jurisdiction under Case No. ANX-19-01, and subsequently zone the property in compliance with Colorado Revised Statutes §31-12-115 under Case No. WZ-19-08. The decision to annex property is a legislative decision of City Council. The Municipal Annexation Act establishes the procedures for annexation of unincorporated territory by a municipality. Under the Municipal Annexation Act, the annexation of property to a municipality must be accomplished by ordinance with an accompanying resolution of findings of fact regarding the petition which conclude that the requirements of Colorado Constitution Article II Section 30 and Colorado Revised Statutes §31-12-104 and §31-12-105 have been met. Adoption of the attached council bill on first reading on December 9, 2019 set the public hearing for January 13, 2020. On November 25, 2019, City Council adopted the attached resolution finding the proposed annexation to be in substantial compliance with §CRS 31-12-107(1) and to be eligible for annexation under the statutes. The territory is eligible to be annexed if the following criteria are met: Council Action Form – 52nd Avenue Annexation January 13, 2020 Page 3 • At least 1/6 of the boundary of the land sought to be annexed is contiguous with the current City boundary; • That a community of interest exists between the area proposed to be annexed and the annexing municipality; • That the area is urban or will be urban in the near future; • That said area is or is capable of being integrated with the annexing municipality; and • More than 50% of the owners of more than 50% of the land sought to be annexed, excluding rights-of-way, sign the annexation petition. The 1/6 contiguity requirement is met; and therefore, because of such contiguity, the statute provides that a community of interest exists between the territory proposed to be annexed and the City. The territory proposed to be annexed is urban or will be urbanized in the near future and the territory proposed to be annexed is integrated or is capable of being integrated with the City. The petitioner owns the land in full. The area meets the annexation eligibility requirements established in the Municipal Annexation Act. Additionally, the City is required to assign zoning to the property within 90 days of adoption of the annexation ordinance. An ordinance for zoning is provided as a separate council action for the January 13 meeting. In the event Council wishes to terminate the annexation, the proper procedure under CRS 31-12-110(3) is to adopt a resolution making a finding that the proposed annexation does not meet the applicable statutory and constitutional requirements. An alternative motion is provided below for that option. RECOMMENDATIONS: Staff recommends approval of both the resolution and the ordinance; a separate motion will be required for each as presented below. RECOMMENDED MOTIONS: RESOLUTION “I move to approve Resolution 01-2020 a resolution making certain findings of fact regarding the proposed annexation of land located in Section 17, Township 3 South, Range 69 West of the sixth Principal Meridian, County of Jefferson, State of Colorado.” or, “I move to direct the City Attorney to bring forward a resolution finding that the area proposed for annexation of land located in Section 17, Township 3 South, Range 69 West of the sixth Principal Meridian, County of Jefferson, State of Colorado, does not comply with the applicable provisions of section 30 of article II of the Colorado Constitution or sections 31-12-104 and 31-12-105 of the Colorado Revised Statutes and that accordingly the proceeding for annexation of the same is terminated for the following reasons: ________________________.” Council Action Form – 52nd Avenue Annexation January 13, 2020 Page 4 ORDINANCE “I move to approve Council Bill No. 22-2019 an ordinance approving an annexation of land located in Section 17, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado on second reading, and that it take effect 15 days after publication.” or, “I move to postpone indefinitely the adoption of Council Bill No. 22-2019 an ordinance approving the annexation of land located in Section 17, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado for the following reasons:________________________." REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planning Manager Mark Westberg, Projects Supervisor Ken Johnstone, Community Development Director Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 01-2020 2. Council Bill No. 22-2019 3. Annexation Map 4. Resolution 59-2019 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 01 SERIES OF 2020 TITLE: A RESOLUTION MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF TWO SEGMENTS OF RIGHT-OF-WAY LOCATED IN SECTION 17, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. ANX-19-01) WHEREAS, the City Council of the City of Wheat Ridge, Colorado, has found a petition for annexation of land as described in the attached Exhibit A to be in substantial compliance with the requirements of Section 31-12-107(1), Colorado Revised Statutes; and WHEREAS, the City Clerk has provided notice of public hearing on the proposed annexation by publication once per week for four consecutive weeks and by certified mail to the Clerk of the Board of County Commissioners, the County Attorney, the school district and to any special district having territory in the area to be annexed; and WHEREAS, the City Council has completed a public hearing to determine if the proposed annexation complies with the applicable provisions of section 30 of article II of the Colorado Constitution and Sections 31-12-104 and 105, Colorado Revised Statutes, to establish eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. That the City Council hereby finds and concludes with regard to the annexation of territory described in Exhibit A attached hereto and incorporated herein, that not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the existing boundaries of the City; and therefore, because of such contiguity, a community of interest exists between the territory proposed to be annexed and the City; the territory proposed to be annexed is urban or will be urbanized in the near future, and that the territory proposed to be annexed is integrated or is capable of being integrated with the City. Section 2. That the City Council finds and determines that no land held in identical ownership has been divided or included without written consent of the owner thereof; that no annexation proceedings have been commenced by another municipality; that the annexation will not result in the detachment of area from a school district, that the annexation will not result in the extension of a municipal boundary more than three miles; that the City has in place a plan for said three mile area; and that in establishing the boundaries of the area to be annexed the entire width of any street or alley is included with the area to be annexed. Section 3. That an election is not required and no additional items or conditions are to be imposed upon the area to be annexed. Section 4. That the requirements of the applicable provisions of Sections 31-12-104 and 105, Colorado Revised Statutes and section 30 of article II of the Colorado Constitution have been met. Section 5. This resolution shall be effective upon adoption. DONE AND RESOLVED by the City Council this 13th day of January, 2020. By: _____________________________ Bud Starker, Mayor ATTEST: ______________________________ Steve Kirkpatrick, City Clerk EXHIBIT ‘A’ CASE NO. ANX-19-01 / 52ND AVENUE ANNEXATION LEGAL DESCRIPTION (see attached)     EXHIBIT A SHEET 1 OF 3 TWO (2) PARCELS OF LAND BEING A PART OF THE SOUTH 30 FEET OF SAID NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, AND ALSO BEING A PORTION OF THE NORTH 30 FEET OF A 60-FOOT WIDE ROAD AS SHOWN ON “PLAT OF STANDLEY HEIGHTS” AS RECORDED IN THE RECORDS OF JEFFERSON COUNTY IN BOOK 2, AT PAGE 68, MORE PARTICULALY DESCRIBED AS FOLLOWS: PARCEL 1 BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 17, SAID POINT BEING THE POINT OF BEGINNING; THENCE N00°18’49”W ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 17, A DISTANCE OF 30.00 FEET; THENCE N89°11’13”E, A DISTANCE OF 180.00 FEET TO A POINT ON THE WEST LINE EXTENDED OF LOT 1, BLOCK 1, CRESTONE INDUSTRIAL MINOR SUBDIVISION FILING NO. 1, AS RECORDED IN THE RECORDS OF JEFFERSON COUNTY AT RECEPTION NUMBER 94055570; THENCE S00°18’49”E ALONG SAID WEST LINE EXTENDED, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER OF SECTION 17; THENCE S89°11’13”W ALONG SAID SOUTH LINE, A DISTANCE OF 180.00 FEET TO THE POINT OF BEGINNING. CONTAINING 5,400 SQ. FT. (0.1240 ACRES) MORE OR LESS. PARCEL 2 COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 17; THENCE N89°11’13”E ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 466.07 FEET TO A POINT ON THE EAST LINE EXTENDED OF TRACT “A”, ASPEN BUSINESS PARK AS RECORDED IN THE RECORDS OF JEFFERSON COUNTY AT RECEPTION NUMBER 77921630, SAID POINT BEING THE POINT OF BEGINNING; THENCE N00°18’28”W ALONG SAID EAST LINE EXTENDED, A DISTANCE OF 30.00 FEET; THENCE N89°11’13”E, A DISTANCE OF 1468.58 FEET TO THE SOUTHWEST CORNER OF LOT 21, RAINBOW RIDGE FILING NO. 2, AS RECORDED IN THE RECORDS OF JEFFERSON COUNTY AT RECEPTION NUMBER 77883587; THENCE S00°17’10”E ALONG THE WEST LINE EXTENDED OF SAID LOT 21, RAINBOW RIDGE FILING NO. 2, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 17; THENCE S89°11’13”W ALONG SAID SOUTH LINE OF THE NORTHEAST QUARTER, A DISTANCE OF 1468.57 FEET TO THE POINT OF BEGINNING; CONTAINING 44,057 SQ. FT. (1.0114 ACRES) MORE OR LESS.     SHEET 2 OF 3 BASIS OF BEARINGS: BEARINGS FOR BOTH PARCELS ARE BASED ON THE ASSUMPTION THAT THE SOUTH LINE OF THE NE 1/4 OF SECTION 17 BEARS N89°11’13”E, PER CITY OF WHEAT RIDGE MODIFIED NAD83/92 (NAD83 HARN) STATE PLANE COORDINATE SYSTEM. THE SOUTHWEST CORNER NE 1/4 OF SECTION 17 IS A FOUND NO. 6 REBAR IN RANGE BOX AND THE SOUTHEAST CORNER NE 1/4 OF SECTION 17 IS A FOUND 3 1/4” BRASS CAP LS 13212 DATED 1984 IN A RANGE BOX. Prepared By: Robert B. Taylor, PLS #28291 For and on behalf of: Jefferson County Transportation & Engineering 100 Jefferson County Parkway, Suite 3500 Golden, Colorado 80419 (303) 271-8495 MA T C H L I N E (Basis of Bearings) W. 52nd Ave. (60.0' ROW) P.O.B. PARCEL #2 UN I O N C T . VI V I A N S T . PARCEL #1 Containing 5,400 s.f.± N89° 11' 13"E 2646.92' N0° 18' 49"W 30.00'S0° 18' 49"E 30.00' 286.07' 466.07' N0° 18' 28"W 30.00'N89° 11' 13"E 1468.58' S89° 11' 13"W 1468.57'City of Wheat Ridge 5176* .+0' 0'  N89° 11' 13"E 180.00' S89° 11' 13"W 180.00' N89° 11' 13"E (Basis of Bearings) SE CORNER NE 1/4SEC. 17-T03S-R69WFOUND 3-1/4" BRASS CAP LS 13212DATED 1984, IN RANGE BOX TA B O R S T . TA F T C T . N89° 11' 13"E 2646.92' N89° 11' 13"E 1468.58' S89° 11' 13"W 1468.57' S0° 17' 10"E 30.00' 712.28' 5176* .+0' 0'  MA T C H L I N E (Basis of Bearings) N89° 11' 13"E 2646.92' 5176* .+0' 0'  S89° 11' 13"W 1468.57' N89° 11' 13"E 1468.58' FILE: DRAWN BY: DATE: 10/22/19COLORADO REGIST E R E D P R O F E S SIONAL LA N D S U R V E Y O R28291 R O B E R T B. TAYL O R TRANSPORTATION AND ENGINEERING 100 JEFFERSON CNTY PKWY, STE 3500 GOLDEN CO, 80419 (303) 271-8495 DIVISION OF Note: This exhibit does not represent a monumented survey and is intended only to depict the attached property description. ANNEXATION WEST 52ND AVENUE 10/22/19 J.A.L. G:\PROJECTS\5042_Special Projects_5th Floor\52nd Ave. Annex\5042_W52Ave_Annex.dwg PARCEL #2 Containing 44,057 s.f.± WA R D R D . PAR C E L 1 BE Y E R S S U B D I V I S I O N PA R T O F L O T 1 2 STA N D L E Y H E I G H T S RAINBOW RIDGEFILING NO. 2 LOT 19 LOT 20 LOT 22 LOT 21 PART OF LOT 10 &11STANDLEY HEIGHTS PA R T O F L O T 1 0 ST A N D L E Y H E I G H T S PA R T O F L O T 1 0 ST A N D L E Y H E I G H T S PA R T O F L O T 9 & 1 0 STA N D L E Y H E I G H T S DONNA KAYSUBDIVISION LOT 2BLK 2 LOT 1BLK 2 LOT 2BLK 1 LOT 1BLK 1 PART OF LOT 8 STANDLEY HEIGHTS PAR T O F L O T 8 PA R C E L " B " RE C . N O . 2 0 1 8 0 5 8 0 0 9 CRESTONEINDUSTRIAL MINORSUB. FIL. NO. 1 PA R T O F L O T 7 ST A N D L E Y H E I G H T S SW CORNER NE 1/4SEC. 17-T03S-R69WFOUND NO. 6 REBARIN RANGE BOX P.O.B. PARCEL #1 P.O.C. PARCEL #2 TRACT "A"ASPEN BUSINESSPARK NE 1/4 SEC. 17 SE 1/4 SEC. 17 ATTACHMENT 2 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HULTIN COUNCIL BILL NO.22 ORDINANCE NO. 1681 SERIES OF 2019 TITLE: AN ORDINANCE APPROVING THE ANNEXATION OF LAND LOCATED IN SECTION 17, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. ANX-19-01) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: WHEREAS, the City Council of the City of Wheat Ridge, Colorado, has found a petition for annexation of land as described in the attached Exhibit A to be in substantial compliance with the requirements of Section 31-12-107(1), Colorado Revised Statutes; and WHEREAS, the City Clerk has provided notice of public hearing on the proposed annexation by publication once per week for four consecutive weeks and by certified mail to the Clerk of the Board of County Commissioners, the County Attorney, the school district and to any special district having territory in the area to be annexed; and WHEREAS, the City Council has completed a public hearing to determine if the proposed annexation complies with Sections 31-12-104 and 105, Colorado Revised Statutes, to establish eligibility for annexation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. Petition found in conformance to law. A Petition for Annexation, together with four (4) copies of the annexation map as required by law, was filed with the City Council on October 11, 2019, by the owners of over fifty percent (50%) of the area of the territory hereinafter described, exclusive of public streets and alleys, and comprising more than fifty percent (50%) of the landowners of the property to be annexed. The City Council, by resolution at a properly noticed meeting on November 25, 2019 accepted said Petition and found and determined that the petition was in substantial compliance with applicable parts of the Municipal Annexation Act of 1965, as amended, and further determined that an election was not required under the Act and that no additional terms and conditions were to be imposed upon said annexation. Section 2. Annexation Approved. Annexation to the City of the land as described in the attached Exhibit A is hereby approved Section 3. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on the 9th day of December, 2019, ordered it published with Public Hearing and consideration on final passage set for Monday, January 13, 2020, at 7:00 pm, in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 13th day of January, 2020. SIGNED by the Mayor on this 13th day of January, 2020. _____________________________ Bud Starker, Mayor ATTEST: ______________________________ Steve Kirkpatrick, City Clerk Approved As To Form: _____________________________ Gerald E. Dahl, City Attorney First Publication: December 12, 2019 Second Publication: January 16, 2020Wheat Ridge Transcript Effective Date: January 31, 2020 EXHIBIT ‘A’ CASE NO. ANX-19-01 / 52ND AVENUE ANNEXATION LEGAL DESCRIPTION (see attached)     EXHIBIT A SHEET 1 OF 3 TWO (2) PARCELS OF LAND BEING A PART OF THE SOUTH 30 FEET OF SAID NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, AND ALSO BEING A PORTION OF THE NORTH 30 FEET OF A 60-FOOT WIDE ROAD AS SHOWN ON “PLAT OF STANDLEY HEIGHTS” AS RECORDED IN THE RECORDS OF JEFFERSON COUNTY IN BOOK 2, AT PAGE 68, MORE PARTICULALY DESCRIBED AS FOLLOWS: PARCEL 1 BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 17, SAID POINT BEING THE POINT OF BEGINNING; THENCE N00°18’49”W ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 17, A DISTANCE OF 30.00 FEET; THENCE N89°11’13”E, A DISTANCE OF 180.00 FEET TO A POINT ON THE WEST LINE EXTENDED OF LOT 1, BLOCK 1, CRESTONE INDUSTRIAL MINOR SUBDIVISION FILING NO. 1, AS RECORDED IN THE RECORDS OF JEFFERSON COUNTY AT RECEPTION NUMBER 94055570; THENCE S00°18’49”E ALONG SAID WEST LINE EXTENDED, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER OF SECTION 17; THENCE S89°11’13”W ALONG SAID SOUTH LINE, A DISTANCE OF 180.00 FEET TO THE POINT OF BEGINNING. CONTAINING 5,400 SQ. FT. (0.1240 ACRES) MORE OR LESS. PARCEL 2 COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 17; THENCE N89°11’13”E ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 466.07 FEET TO A POINT ON THE EAST LINE EXTENDED OF TRACT “A”, ASPEN BUSINESS PARK AS RECORDED IN THE RECORDS OF JEFFERSON COUNTY AT RECEPTION NUMBER 77921630, SAID POINT BEING THE POINT OF BEGINNING; THENCE N00°18’28”W ALONG SAID EAST LINE EXTENDED, A DISTANCE OF 30.00 FEET; THENCE N89°11’13”E, A DISTANCE OF 1468.58 FEET TO THE SOUTHWEST CORNER OF LOT 21, RAINBOW RIDGE FILING NO. 2, AS RECORDED IN THE RECORDS OF JEFFERSON COUNTY AT RECEPTION NUMBER 77883587; THENCE S00°17’10”E ALONG THE WEST LINE EXTENDED OF SAID LOT 21, RAINBOW RIDGE FILING NO. 2, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 17; THENCE S89°11’13”W ALONG SAID SOUTH LINE OF THE NORTHEAST QUARTER, A DISTANCE OF 1468.57 FEET TO THE POINT OF BEGINNING; CONTAINING 44,057 SQ. FT. (1.0114 ACRES) MORE OR LESS.     SHEET 2 OF 3 BASIS OF BEARINGS: BEARINGS FOR BOTH PARCELS ARE BASED ON THE ASSUMPTION THAT THE SOUTH LINE OF THE NE 1/4 OF SECTION 17 BEARS N89°11’13”E, PER CITY OF WHEAT RIDGE MODIFIED NAD83/92 (NAD83 HARN) STATE PLANE COORDINATE SYSTEM. THE SOUTHWEST CORNER NE 1/4 OF SECTION 17 IS A FOUND NO. 6 REBAR IN RANGE BOX AND THE SOUTHEAST CORNER NE 1/4 OF SECTION 17 IS A FOUND 3 1/4” BRASS CAP LS 13212 DATED 1984 IN A RANGE BOX. Prepared By: Robert B. Taylor, PLS #28291 For and on behalf of: Jefferson County Transportation & Engineering 100 Jefferson County Parkway, Suite 3500 Golden, Colorado 80419 (303) 271-8495 MA T C H L I N E (Basis of Bearings) W. 52nd Ave. (60.0' ROW) P.O.B. PARCEL #2 UN I O N C T . VI V I A N S T . PARCEL #1 Containing 5,400 s.f.± N89° 11' 13"E 2646.92' N0° 18' 49"W 30.00'S0° 18' 49"E 30.00' 286.07' 466.07' N0° 18' 28"W 30.00'N89° 11' 13"E 1468.58' S89° 11' 13"W 1468.57'City of Wheat Ridge 5176* .+0' 0'  N89° 11' 13"E 180.00' S89° 11' 13"W 180.00' N89° 11' 13"E (Basis of Bearings) SE CORNER NE 1/4SEC. 17-T03S-R69WFOUND 3-1/4" BRASS CAP LS 13212DATED 1984, IN RANGE BOX TA B O R S T . TA F T C T . N89° 11' 13"E 2646.92' N89° 11' 13"E 1468.58' S89° 11' 13"W 1468.57' S0° 17' 10"E 30.00' 712.28' 5176* .+0' 0'  MA T C H L I N E (Basis of Bearings) N89° 11' 13"E 2646.92' 5176* .+0' 0'  S89° 11' 13"W 1468.57' N89° 11' 13"E 1468.58' FILE: DRAWN BY: DATE: 10/22/19COLORADO REGIST E R E D P R O F E S SIONAL LA N D S U R V E Y O R28291 R O B E R T B. TAYL O R TRANSPORTATION AND ENGINEERING 100 JEFFERSON CNTY PKWY, STE 3500 GOLDEN CO, 80419 (303) 271-8495 DIVISION OF Note: This exhibit does not represent a monumented survey and is intended only to depict the attached property description. ANNEXATION WEST 52ND AVENUE 10/22/19 J.A.L. G:\PROJECTS\5042_Special Projects_5th Floor\52nd Ave. Annex\5042_W52Ave_Annex.dwg PARCEL #2 Containing 44,057 s.f.± WA R D R D . PAR C E L 1 BE Y E R S S U B D I V I S I O N PA R T O F L O T 1 2 STA N D L E Y H E I G H T S RAINBOW RIDGEFILING NO. 2 LOT 19 LOT 20 LOT 22 LOT 21 PART OF LOT 10 &11STANDLEY HEIGHTS PA R T O F L O T 1 0 ST A N D L E Y H E I G H T S PA R T O F L O T 1 0 ST A N D L E Y H E I G H T S PA R T O F L O T 9 & 1 0 STA N D L E Y H E I G H T S DONNA KAYSUBDIVISION LOT 2BLK 2 LOT 1BLK 2 LOT 2BLK 1 LOT 1BLK 1 PART OF LOT 8 STANDLEY HEIGHTS PAR T O F L O T 8 PA R C E L " B " RE C . N O . 2 0 1 8 0 5 8 0 0 9 CRESTONEINDUSTRIAL MINORSUB. FIL. NO. 1 PA R T O F L O T 7 ST A N D L E Y H E I G H T S SW CORNER NE 1/4SEC. 17-T03S-R69WFOUND NO. 6 REBARIN RANGE BOX P.O.B. PARCEL #1 P.O.C. PARCEL #2 TRACT "A"ASPEN BUSINESSPARK NE 1/4 SEC. 17 SE 1/4 SEC. 17 (BASIS OF BEARINGS) W.52nd Ave. (60' ROW PER BK 2 PG 68) TA B O R S T . (R O W P E R B K 5 2 P G 1 0 ) UN I O N C T . (R O W P E R B K 5 3 P G 6 0 ) VI V I A N S T . (R O W P E R B K 5 3 P G 2 7 ) TA F T C T . (R O W P E R B K 1 1 4 P G 4 3 ) PARCEL #2 Containing 44,057 s.f.± WA R D R D . N89° 11' 13"E 2646.92' 286.07' N89° 11' 13"E 466.07'City of Wheat Ridge Un i n c o r p o r a t e d Je f f e r s o n C o u n t y Un i n c o r p o r a t e d Je f f e r s o n C o u n t y City of Arvada S LINE NW 1/4, Sec 17 W L I N E N E 1 / 4 , S e c 1 7 Un i n c o r p o r a t e d Je f f e r s o n C o u n t y SE 1/4 SEC. 17 NE 1/4 SEC. 17 TA F T C T . City of Arvada City of Wheat Ridge TA B O R S T . E L I N E N E 1 / 4 , S e c 1 7 PARCEL #1 Containing 5,400 s.f.± SW A D L E Y S T . S LINE NE 1/4, SEC 17 P.O.B. PARCEL #1 P.O.C. PARCEL #2 P.O.B. PARCEL #2 S89° 11' 13"W 1468.57' S89° 11' 13"W 180.00' N89° 11' 13"E 1468.58' S0° 17' 10"E 30.00' N0° 18' 28"W 30.00' N0° 18' 49"W 30.00' N89° 11' 13"E 180.00' NEW CITY OF WHEAT RIDGE BOUNDARY PER THIS ANNEXATION NEW CITY OF WHEAT RIDGE BOUNDARY PER THIS ANNEXATION 712.28' S0° 18' 49"E 30.00' 1 1 Feet 0 100 200 ” 11/25/19 SEC. 17 W 52nd Ave Wa r d R d C O L O R A D O REGIST E R E D P R O F E S SIONAL LA N D S U R V E Y O R28291 R O B E R T B. TAYL O R A T T A C H M E N T 3 ATTACHMENT 4 ITEM NO: DATE: January 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 23-2019 – AN ORDINANCE APPROVING THE INITIAL ZONING OF PROPERTY RECENTLY ANNEXED INTO THE CITY AND LOCATED IN SECTION 17, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO TO INDUSTRIAL EMPLOYMENT (I-E), MIXED USE – COMMERCIAL TRANSIT ORIENTED DEVELOPMENT (MU-C TOD), AND MIXED USE – NEIGHBORHOOD (MU-N) (CASE NO. WZ-19-08 / 52ND AVE ZONING) PUBLIC HEARING ORDINANCES FOR 1ST READING (12/09/2019) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/13/2020) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ________________________________ Community Development Director City Manager ISSUE: Jefferson County is requesting approval of Industrial Employment (I-E), Mixed Use – Commercial Transit Oriented Development (MU-C TOD), and Mixed Use – Neighborhood (MU-N) zoning for right-of-way located along the north portion of 52nd Avenue, between Ward Road and Tabor Street, comprising 1.14 acres of land. The zoning is proposed to match the zoning of the adjacent properties on the south side of 52nd Avenue that are currently within the City of Wheat Ridge boundary. The property annexed and rezoned will be used only for infrastructure improvements as part of the City’s Investing 4 the Future bond program and will be deeded to the City of Wheat Ridge. 3 Council Action Form – 52nd Avenue Zoning January 13, 2020 Page 2 PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on December 19, 2019 and recommended approval by a vote of 7-0 for the following reasons: 1. A zoning designation is required by state statute in association with the proposed annexation. 2. The proposed zoning will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 3. Utility and transportation infrastructure being improved subsequent to the annexation and zoning. 4. The proposed zoning is consistent with the City’s Comprehensive Plan and subarea plan. 5. The zoning designation is appropriate and compatible with the adjacent designations on private property. No one from the public testified during the hearing. A copy of the Planning Commission staff report and draft minutes are enclosed. FINANCIAL IMPACT: With the annexation of the property, the City will be responsible for the proposed improvements and for long term street maintenance. Fees for the zoning application were waived. BACKGROUND: The subject right-of-way located along the northern portion of 52nd Avenue, between Ward Road and Tabor Street, is currently located within Unincorporated Jefferson County and is comprised of 2 segments of right-of-way that total 1.14 acres. Jefferson County has requested that Wheat Ridge annex the ROW along 52nd Avenue that is currently in Jefferson County’s jurisdiction under Case No. ANX-19-01, and subsequently zone the property in compliance with Colorado Revised Statutes §31-12-115 under the subject Case No. WZ-19-08, in order for the City to supply public improvements and provide satisfactory maintenance for the full width of right-of-way per the infrastructure project for the Wheat Ridge · Ward Station area. The City is required to zone the property within 90 days of adoption of the annexation ordinance. The zoning is proposed to match the zoning of the adjacent properties on the south side of 52nd Avenue that are currently within the City of Wheat Ridge boundary, which consists of a combination of Industrial Employment (I-E), Mixed Use – Commercial Transit Oriented Development (MU-C TOD), and Mixed Use – Neighborhood (MU-N) zone districts as illustrated in the legal description provided in the attached council bill. The proposed zoning is consistent with Envision Wheat Ridge which calls for mixed-use employment land uses, and supports the Wheat Ridge · Ward Station Vision. No private development will occur on this property. The application has been through a standard City and outside agency referral process, and no issues of concern have been raised. Zoning shall be contingent upon approval of the annexation. Council Action Form – 52nd Avenue Zoning January 13, 2020 Page 3 RECOMMENDATIONS: “I move to approve Council Bill No. 23-2019, an ordinance approving I-E, MU-C TOD, and MU-N zoning on property being considered for annexation to the City of Wheat Ridge on second reading, and that it take effect 15 days after publication.” or, “I move to deny Council Bill No. 23-2019, an ordinance approving I-E, MU-C TOD, and MU-N zoning on property being considered for annexation to the City of Wheat Ridge on second reading, for the following reasons: and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting.” REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planning Manager Mark Westberg, Projects Supervisor Ken Johnstone, Community Development Director Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 23-2019 2. Planning Division Staff Report – For December 19, 2019 Planning Commission Meeting 3. Planning Commission Draft Meeting Minutes ATTACHMENT 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 23 ORDINANCE NO. 1682 Series of 2019 TITLE: AN ORDINANCE APPROVING THE INITIAL ZONING OF PROPERTY RECENTLY ANNEXED INTO THE CITY AND LOCATED IN SECTION 17, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO TO INDUSTRIAL EMPLOYMENT (I-E), MIXED USE – COMMERCIAL TRANSIT ORIENTED DEVELOPMENT (MU-C TOD), AND MIXED USE –NEIGHBORHOOD (MU-N) (CASE NO. WZ-19-08 / 52ND AVEZONING) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and, WHEREAS, Jefferson County has submitted a land use application for approval of initial zoning of property recently annexed to the Industrial Employment (I-E) zone district as illustrated in the attached Exhibits A and C, Mixed Use – Commercial Transit Oriented Development (MU-C TOD) zone district as illustrated in the attached Exhibit B, and Mixed Use – Neighborhood (MU-N) zone district as illustrated in the attached Exhibit D for right-of-way located along the north portion of 52nd Avenue, between Ward Road and Tabor Street; and, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge—which calls for mixed-use employment land uses along 52nd Avenue, supporting the Wheat Ridge • Ward Station Vision; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on December 19, 2019 and voted to recommend approval of zoning the property to Industrial Employment (I-E), Mixed Use – Commercial Transit Oriented Development (MU-C TOD), and Mixed Use – Neighborhood (MU-N). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Jefferson County, approval of initial zoning of property recently annexed to the Industrial Employment (I-E) zone district as illustrated in the attached Exhibits A and C, Mixed Use – Commercial Transit Oriented Development (MU-C TOD) zone district as illustrated in the attached Exhibit B, and Mixed Use – Neighborhood (MU-N) zone district as illustrated in the attached Exhibit D for right-of-way located along the north portion of 52nd Avenue, between Ward Road and Tabor Street and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, I-E, MU-C TOD, and MU-N zoning is approved for land as described in the attached Exhibits A, B, C, and D. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 9th day of December, 2019, ordered it published with Public Hearing and consideration on final passage set for Monday, January 13, 2020 at 7:00 o’clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2020. SIGNED by the Mayor on this 13th day of January, 2020. By: _____________________________ Bud Starker, Mayor ATTEST: ______________________________ Steve Kirkpatrick, City Clerk Approved As To Form: _____________________________ Gerald E. Dahl, City Attorney First Publication: December 12, 2019Second Publication:January 16, 2020 Wheat Ridge Transcript Effective Date: January 31, 2020 EXHIBIT ‘A’ CASE WZ-19-08 / 52ND AVENUE ZONING LEGAL DESCRIPTION OF PARCEL 1 INITIAL ZONING TO I-E (see attached) EXHIBIT A Parcel 1 Initial Zoning to I-E SHEET 1 OF 2 A PARCEL OF LAND BEING A PART OF THE SOUTH 30 FEET OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, AND ALSO BEING A PORTION OF THE NORTH 30 FEET OF A 60-FOOT WIDE ROAD AS SHOWN ON “PLAT OF STANDLEY HEIGHTS” AS RECORDED IN THE RECORDS OF JEFFERSON COUNTY IN BOOK 2, AT PAGE 68, MORE PARTICULALY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 17, SAID POINT BEING THE POINT OF BEGINNING; THENCE N00°18’49”W ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 17, A DISTANCE OF 30.00 FEET; THENCE N89°11’13”E, A DISTANCE OF 180.00 FEET TO A POINT ON THE WEST LINE EXTENDED OF LOT 1, BLOCK 1, CRESTONE INDUSTRIAL MINOR SUBDIVISION FILING NO. 1 AS RECORDED IN THE RECORDS OF JEFFERSON COUNTY AT RECEPTION NUMBER 94055570; THENCE S00°18’49”E ALONG SAID WEST LINE EXTENDED, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER OF SECTION 17; THENCE S89°11’13”W ALONG SAID SOUTH LINE, A DISTANCE OF 180.00 FEET TO THE POINT OF BEGINNING. CONTAINING 5,400 SQ. FT. (0.1240 ACRES) MORE OR LESS. BASIS OF BEARINGS: BEARINGS FOR BOTH PARCELS ARE BASED ON THE ASSUMPTION THAT THE SOUTH LINE OF THE NE 1/4 OF SECTION 17 BEARS N89°11’13”E, PER CITY OF WHEAT RIDGE MODIFIED NAD83/92 (NAD83 HARN) STATE PLANE COORDINATE SYSTEM. THE SOUTHWEST CORNER NE 1/4 OF SECTION 17 IS A FOUND NO. 6 REBAR IN RANGE BOX AND THE SOUTHEAST CORNER NE 1/4 OF SECTION 17 IS A FOUND 3 1/4” BRASS CAP LS 13212 DATED 1984 IN A RANGE BOX. Prepared By: Robert B. Taylor, PLS #28291 For and on behalf of: Jefferson County Transportation & Engineering 100 Jefferson County Parkway, Suite 3500 Golden, Colorado 80419 (303) 271-8495 MA T C H L I N E (Basis of Bearings) W. 52nd Ave. (60.0' ROW) UN I O N C T . VI V I A N S T . N89° 11' 13"E 2646.92' N0° 18' 49"W 30.00' 5176* .+0' 0'  5'%  N89° 11' 13"E 180.00' S0° 18' 49"E 30.00' S89° 11' 13"W 180.00' N89° 11' 13"E 2466.92' (Basis of Bearings) TA B O R S T . TA F T C T . N89° 11' 13"E 2646.92' S89° 11' 13"W 1468.57' 5176* .+0' 0'  MA T C H L I N E (Basis of Bearings) N89° 11' 13"E 2646.92' 5176* .+0' 0'  5'% TA F T C T . TA B O R S T . SW A D L E Y S T . SI M M S P L . N89° 11' 13"E 2466.92' FILE: DRAWN BY: DATE: 11/6/19COLORADO REGIST E R E D P R O F E S SIONAL LA N D S U R V E Y O R28291 R O B E R T B. TAYL O R TRANSPORTATION AND ENGINEERING 100 JEFFERSON CNTY PKWY, STE 3500 GOLDEN CO, 80419 (303) 271-8495 DIVISION OF Note: This exhibit does not represent a monumented survey and is intended only to depict the attached property description. PARCEL 1 INITIAL ZONING TO I-E WEST 52ND AVENUE 11/5/19 J.A.L. G:\PROJECTS\5042_Special Projects_5th Floor\52nd Ave. Annex\5042_W52Ave_Zoning1.dwg WA R D R D . PA R C E L 1 BE Y E R S S U B D I V I S I O N PAR T O F L O T 1 2 STA N D L E Y H E I G H T S RAINBOW RIDGE FILING NO. 2 LOT 19 LOT 20 LOT 22 LOT 21 PART OF LOT 10 &11 STANDLEY HEIGHTS PA R T O F L O T 1 0 ST A N D L E Y H E I G H T S PA R T O F L O T 1 0 ST A N D L E Y H E I G H T S PAR T O F L O T 9 & 1 0 ST A N D L E Y H E I G H T S DONNA KAYSUBDIVISION LOT 2BLK 2 LOT 1BLK 2 LOT 2 BLK 1 LOT 1BLK 1 PART OF LOT 8 STANDLEY HEIGHTS PAR T O F L O T 8 PA R C E L " B " RE C . N O . 2 0 1 8 0 5 8 0 0 9 CRESTONEINDUSTRIAL MINORSUB. FIL. NO. 1 PA R T O F L O T 7 ST A N D L E Y H E I G H T S SW CORNER NE 1/4SEC. 17-T03S-R69WFOUND NO. 6 REBARIN RANGE BOXCITY ID NO. 12109N: 713608.92E: 102525.33 P.O.B. PARCEL TRACT "A"ASPEN BUSINESSPARK NE 1/4 SEC. 17 SE 1/4 SEC. 17 SE CORNER NE 1/4SEC. 17-T03S-R69WFOUND 3-1/4" BRASS CAP LS 13212DATED 1984, IN RANGE BOXCITY ID NO. 12209N: 713646.48E: 105171.98 City of Wheat Ridge City of Arvada Unincorporated Jefferson County Rec. No. F0677490 PARCEL Containing 5,400 s.f.± EXHIBIT ‘B’ CASE WZ-19-08 / 52ND AVENUE ZONING LEGAL DESCRIPTION OF PARCEL 2 INITIAL ZONING TO MU-C TOD (see attached) EXHIBIT B Parcel 2 Initial Zoning to MU-C TOD SHEET 1 OF 2 A PARCEL OF LAND BEING A PART OF THE SOUTH 30 FEET OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, AND ALSO BEING A PORTION OF THE NORTH 30 FEET OF A 60-FOOT WIDE ROAD AS SHOWN ON “PLAT OF STANDLEY HEIGHTS” AS RECORDED IN THE RECORDS OF JEFFERSON COUNTY IN BOOK 2, AT PAGE 68, MORE PARTICULALY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 17; THENCE N89°11’13”E ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 466.07 FEET TO A POINT ON THE EAST LINE EXTENDED OF TRACT “A”, ASPEN BUSINESS PARK AS RECORDED IN THE RECORDS OF JEFFERSON COUNTY AT RECEPTION NUMBER 77921630, SAID POINT BEING THE POINT OF BEGINNING; THENCE N00°18’28”W ALONG SAID EAST LINE EXTENDED, A DISTANCE OF 30.00 FEET; THENCE N89°11’13”E, A DISTANCE OF 82.05 FEET A POINT ON THE WEST LINE EXTENDED OF LOT 1A, WHEATRIDGE INDUSTRIAL CENTER SUBDIVISION AS RECORDED IN THE RECORDS OF JEFFERSON COUNTY AT RECEPTION NUMBER F0672939; THENCE S00°17’56”E ALONG SAID WEST LINE EXTENDED, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 17; THENCE S89°11’13”W ALONG SAID SOUTH LINE OF THE NORTHEAST QUARTER, A DISTANCE OF 82.05 FEET TO THE POINT OF BEGINNING; CONTAINING 2,461 SQ. FT. (0.0565 ACRES) MORE OR LESS. BASIS OF BEARINGS: BEARINGS FOR BOTH PARCELS ARE BASED ON THE ASSUMPTION THAT THE SOUTH LINE OF THE NE 1/4 OF SECTION 17 BEARS N89°11’13”E, PER CITY OF WHEAT RIDGE MODIFIED NAD83/92 (NAD83 HARN) STATE PLANE COORDINATE SYSTEM. THE SOUTHWEST CORNER NE 1/4 OF SECTION 17 IS A FOUND NO. 6 REBAR IN RANGE BOX AND THE SOUTHEAST CORNER NE 1/4 OF SECTION 17 IS A FOUND 3 1/4” BRASS CAP LS 13212 DATED 1984 IN A RANGE BOX. Prepared By: Robert B. Taylor, PLS #28291 For and on behalf of: Jefferson County Transportation & Engineering 100 Jefferson County Parkway, Suite 3500 Golden, Colorado 80419 (303) 271-8495 MA T C H L I N E (Basis of Bearings) W.52nd Ave. (60.0' ROW) UN I O N C T . VI V I A N S T . N89° 11' 13"E 2646.92' 5176* .+0' 0'  5'%  N89° 11' 13"E 466.07' N0° 18' 28"W 30.00' N89° 11' 13"E 2384.87' N89° 11' 13"E 82.05' S0° 17' 56"E 30.00' S89° 11' 13"W 82.05' (Basis of Bearings) TA B O R S T . TA F T C T . N89° 11' 13"E 2646.92' S89° 11' 13"W 1468.57' 5176* .+0' 0'  MA T C H L I N E (Basis of Bearings) N89° 11' 13"E 2646.92' 5176* .+0' 0'  5'% TA F T C T . TA B O R S T . SW A D L E Y S T . SI M M S P L . N89° 11' 13"E 2384.87' FILE: DRAWN BY: DATE: 11/6/19COLORADO REGIST E R E D P R O F E S SIONAL LA N D S U R V E Y O R28291 R O B E R T B. TAYL O R TRANSPORTATION AND ENGINEERING 100 JEFFERSON CNTY PKWY, STE 3500 GOLDEN CO, 80419 (303) 271-8495 DIVISION OF Note: This exhibit does not represent a monumented survey and is intended only to depict the attached property description. PARCEL 2 INITIAL ZONING TO MU-C TOD WEST 52ND AVENUE 11/5/19 J.A.L. G:\PROJECTS\5042_Special Projects_5th Floor\52nd Ave. Annex\5042_W52Ave_Zoning2.dwg WA R D R D . PA R C E L 1 BEY E R S S U B D I V I S I O N PAR T O F L O T 1 2 STA N D L E Y H E I G H T S LOT 1AWHEATRIDGEINDUSTRIAL CENTERSUBDIVISION LOT 19 LOT 20 LOT 22 LOT 21 PART OF LOT 10 &11 STANDLEY HEIGHTS PA R T O F L O T 1 0 ST A N D L E Y H E I G H T S PA R T O F L O T 1 0 ST A N D L E Y H E I G H T S PAR T O F L O T 9 & 1 0 ST A N D L E Y H E I G H T S DONNA KAYSUBDIVISION LOT 2BLK 2 LOT 1BLK 2 LOT 2 BLK 1 LOT 1BLK 1 PART OF LOT 8 STANDLEY HEIGHTS PAR T O F L O T 8 PA R C E L " B " RE C . N O . 2 0 1 8 0 5 8 0 0 9 CRESTONE INDUSTRIAL MINOR SUB. FIL. NO. 1 PA R T O F L O T 7 ST A N D L E Y H E I G H T S SW CORNER NE 1/4SEC. 17-T03S-R69WFOUND NO. 6 REBARIN RANGE BOXCITY ID NO. 12109N: 713608.92E: 102525.33 P.O.C. PARCEL TRACT "A"ASPEN BUSINESSPARK NE 1/4 SEC. 17 SE 1/4 SEC. 17 SE CORNER NE 1/4SEC. 17-T03S-R69WFOUND 3-1/4" BRASS CAP LS 13212DATED 1984, IN RANGE BOXCITY ID NO. 12209N: 713646.48E: 105171.98 City of Wheat Ridge City of Arvada Unincorporated Jefferson County Rec. No. F0677490 P.O.B. PARCEL PARCEL Containing 2,461 s.f.± EXHIBIT ‘C’ CASE WZ-19-08 / 52ND AVENUE ZONING LEGAL DESCRIPTION OF PARCEL 3 INITIAL ZONING TO I-E (see attached)     EXHIBIT C Parcel 3 Initial Zoning to I-E SHEET 1 OF 2 A PARCEL OF LAND BEING A PART OF THE SOUTH 30 FEET OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, AND ALSO BEING A PORTION OF THE NORTH 30 FEET OF A 60-FOOT WIDE ROAD AS SHOWN ON “PLAT OF STANDLEY HEIGHTS” AS RECORDED IN THE RECORDS OF JEFFERSON COUNTY IN BOOK 2, AT PAGE 68, MORE PARTICULALY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 17; THENCE N89°11’13”E ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 548.12 FEET TO A POINT ON THE WEST LINE EXTENDED OF LOT 1A, WHEATRIDGE INDUSTRIAL CENTER SUBDIVISION AS RECORDED IN THE RECORDS OF JEFFERSON COUNTY AT RECEPTION NUMBER F0672939; SAID POINT BEING THE POINT OF BEGINNING; THENCE N00°17’56”W ALONG SAID WEST LINE EXTENDED, A DISTANCE OF 30.00 FEET; THENCE N89°11’13”E, A DISTANCE OF 1,040.27 FEET TO A POINT ON THE WEST LINE EXTENDED OF LOT 1, BLOCK 1, HANCE’S SUBDIVISION REPLAT NO. 2 AS RECORDED IN THE RECORDS OF JEFFERSON COUNTY AT RECEPTION NUMBER 2018087433; THENCE S00°17’56”E ALONG SAID WEST LINE EXTENDED, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 17; THENCE S89°11’13”W ALONG SAID SOUTH LINE OF THE NORTHEAST QUARTER, A DISTANCE OF 1,040.27 FEET TO THE POINT OF BEGINNING; CONTAINING 31,208 SQ. FT. (0.7164 ACRES) MORE OR LESS. BASIS OF BEARINGS: BEARINGS FOR BOTH PARCELS ARE BASED ON THE ASSUMPTION THAT THE SOUTH LINE OF THE NE 1/4 OF SECTION 17 BEARS N89°11’13”E, PER CITY OF WHEAT RIDGE MODIFIED NAD83/92 (NAD83 HARN) STATE PLANE COORDINATE SYSTEM. THE SOUTHWEST CORNER NE 1/4 OF SECTION 17 IS A FOUND NO. 6 REBAR IN RANGE BOX AND THE SOUTHEAST CORNER NE 1/4 OF SECTION 17 IS A FOUND 3 1/4” BRASS CAP LS 13212 DATED 1984 IN A RANGE BOX. Prepared By: Robert B. Taylor, PLS #28291 For and on behalf of: Jefferson County Transportation & Engineering 100 Jefferson County Parkway, Suite 3500 Golden, Colorado 80419 (303) 271-8495 MA T C H L I N E (Basis of Bearings) W. 52nd Ave. (60.0' ROW) UN I O N C T . VI V I A N S T . N89° 11' 13"E 2646.92' 5176* .+0' 0'  5'%  N89° 11' 13"E 548.12' N89° 11' 13"E 1040.27' S89° 11' 13"W 1040.27' N0° 17' 56"W 30.00' (Basis of Bearings) TA B O R S T . TA F T C T . N89° 11' 13"E 2646.92' S89° 11' 13"W 1468.57' 5176* .+0' 0'  MA T C H L I N E (Basis of Bearings) N89° 11' 13"E 2646.92' 5176* .+0' 0'  5'% TA F T C T . TA B O R S T . SW A D L E Y S T . SI M M S P L . N89° 11' 13"E 1058.53' S0° 17' 56"E 30.00' 1040.27' 1040.27' FILE: DRAWN BY: DATE: 11/6/19COLORADO REGIST E R E D P R O F E S SIONAL LA N D S U R V E Y O R28291 R O B E R T B. TAYL O R TRANSPORTATION AND ENGINEERING 100 JEFFERSON CNTY PKWY, STE 3500 GOLDEN CO, 80419 (303) 271-8495 DIVISION OF Note: This exhibit does not represent a monumented survey and is intended only to depict the attached property description. PARCEL 3 INITIAL ZONING TO I-E WEST 52ND AVENUE 11/5/19 J.A.L. G:\PROJECTS\5042_Special Projects_5th Floor\52nd Ave. Annex\5042_W52Ave_Zoning3.dwg WA R D R D . PA R C E L 1 BE Y E R S S U B D I V I S I O N PA R T O F L O T 1 2 STA N D L E Y H E I G H T S RAINBOW RIDGE FILING NO. 2 LOT 19 LOT 20 LOT 22 LOT 21 PART OF LOT 10 &11 STANDLEY HEIGHTS PA R T O F L O T 1 0 ST A N D L E Y H E I G H T S PA R T O F L O T 1 0 ST A N D L E Y H E I G H T S PA R T O F L O T 9 & 1 0 ST A N D L E Y H E I G H T S DONNA KAYSUBDIVISION LOT 2BLK 2 LOT 1BLK 2 LOT 2 BLK 1 LOT 1BLK 1 PART OF LOT 8STANDLEY HEIGHTS PAR T O F L O T 8 PA R C E L " B " RE C . N O . 2 0 1 8 0 5 8 0 0 9 CRESTONEINDUSTRIAL MINORSUB. FIL. NO. 1 PA R T O F L O T 7 ST A N D L E Y H E I G H T S SW CORNER NE 1/4SEC. 17-T03S-R69WFOUND NO. 6 REBARIN RANGE BOXCITY ID NO. 12109N: 713608.92E: 102525.33 P.O.C. PARCEL TRACT "A"ASPEN BUSINESSPARK NE 1/4 SEC. 17 SE 1/4 SEC. 17 SE CORNER NE 1/4SEC. 17-T03S-R69WFOUND 3-1/4" BRASS CAP LS 13212DATED 1984, IN RANGE BOXCITY ID NO. 12209N: 713646.48E: 105171.98 City of Wheat Ridge City of Arvada Unincorporated Jefferson County Rec. No. F0677490 P.O.B. PARCEL PARCEL Containing 31,208 s.f.± LOT 1A WHEATRIDGEINDUSTRIAL CENTERSUBDIVISION HANCE'S SUB. REPLAT NO. 2 EXHIBIT ‘D’ CASE WZ-19-08 / 52ND AVENUE ZONING LEGAL DESCRIPTION OF PARCEL 4 INITIAL ZONING TO MU-N (see attached)     EXHIBIT D Parcel 4 Initial Zoning to MU-N SHEET 1 OF 2 A PARCEL OF LAND BEING A PART OF THE SOUTH 30 FEET OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, AND ALSO BEING A PORTION OF THE NORTH 30 FEET OF A 60-FOOT WIDE ROAD AS SHOWN ON “PLAT OF STANDLEY HEIGHTS” AS RECORDED IN THE RECORDS OF JEFFERSON COUNTY IN BOOK 2, AT PAGE 68, MORE PARTICULALY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 17; THENCE N89°11’13”E ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 1,588.39 FEET TO A POINT ON THE WEST LINE EXTENDED OF LOT 1, BLOCK 1, HANCE’S SUBDIVISION REPLAT NO. 2 AS RECORDED IN THE RECORDS OF JEFFERSON COUNTY AT RECEPTION NUMBER 2018087433, SAID POINT BEING THE POINT OF BEGINNING; THENCE N00°17’56 ”W ALONG SAID WEST LINE EXTENDED, A DISTANCE OF 30.00 FEET; THENCE N89°11’13”E, A DISTANCE OF 346.26 FEET TO THE SOUTHWEST CORNER OF LOT 21, RAINBOW RIDGE FILING NO. 2, AS RECORDED IN THE RECORDS OF JEFFERSON COUNTY AT RECEPTION NUMBER 77883587; THENCE S00°17’10”E ALONG THE WEST LINE EXTENDED OF SAID LOT 21, RAINBOW RIDGE FILING NO. 2, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 17; THENCE S89°11’13”W ALONG SAID SOUTH LINE OF THE NORTHEAST QUARTER, A DISTANCE OF 346.25 FEET TO THE POINT OF BEGINNING; CONTAINING 10,388 SQ. FT. (0.2385 ACRES) MORE OR LESS. BASIS OF BEARINGS: BEARINGS FOR BOTH PARCELS ARE BASED ON THE ASSUMPTION THAT THE SOUTH LINE OF THE NE 1/4 OF SECTION 17 BEARS N89°11’13”E, PER CITY OF WHEAT RIDGE MODIFIED NAD83/92 (NAD83 HARN) STATE PLANE COORDINATE SYSTEM. THE SOUTHWEST CORNER NE 1/4 OF SECTION 17 IS A FOUND NO. 6 REBAR IN RANGE BOX AND THE SOUTHEAST CORNER NE 1/4 OF SECTION 17 IS A FOUND 3 1/4” BRASS CAP LS 13212 DATED 1984 IN A RANGE BOX. Prepared By: Robert B. Taylor, PLS #28291 For and on behalf of: Jefferson County Transportation & Engineering 100 Jefferson County Parkway, Suite 3500 Golden, Colorado 80419 (303) 271-8495 MA T C H L I N E (Basis of Bearings) W. 52nd Ave. (60.0' ROW) UN I O N C T . VI V I A N S T . N89° 11' 13"E 2646.92' 5176* .+0' 0'  5'%  N89° 11' 13"E 1588.39' (Basis of Bearings) TA B O R S T . TA F T C T . N89° 11' 13"E 2646.92' S89° 11' 13"W 1468.57' 5176* .+0' 0'  MA T C H L I N E (Basis of Bearings) N89° 11' 13"E 2646.92' 5176* .+0' 0'  5'%  TA F T C T . TA B O R S T . SW A D L E Y S T . SI M M S P L . 712.28' N89° 11' 13"E 346.26' N0° 17' 56"W 30.00' S0° 17' 10"E 30.00' S89° 11' 13"W 346.25'1588.39' FILE: DRAWN BY: DATE: 11/6/19COLORADO REGIST E R E D P R O F E S SIONAL LA N D S U R V E Y O R28291 R O B E R T B. TAYL O R TRANSPORTATION AND ENGINEERING 100 JEFFERSON CNTY PKWY, STE 3500 GOLDEN CO, 80419 (303) 271-8495 DIVISION OF Note: This exhibit does not represent a monumented survey and is intended only to depict the attached property description. PARCEL 4 INITIAL ZONING TO MU-N WEST 52ND AVENUE 11/5/19 J.A.L. G:\PROJECTS\5042_Special Projects_5th Floor\52nd Ave. Annex\5042_W52Ave_Zoning4.dwg WA R D R D . PA R C E L 1 BE Y E R S S U B D I V I S I O N PA R T O F L O T 1 2 STA N D L E Y H E I G H T S RAINBOW RIDGE FILING NO. 2 LOT 19 LOT 20 LOT 22 LOT 21 PART OF LOT 10 &11 STANDLEY HEIGHTS PA R T O F L O T 1 0 ST A N D L E Y H E I G H T S PA R T O F L O T 1 0 ST A N D L E Y H E I G H T S PA R T O F L O T 9 & 1 0 ST A N D L E Y H E I G H T S DONNA KAYSUBDIVISION LOT 2BLK 2 LOT 1BLK 2 LOT 2 BLK 1 LOT 1BLK 1 PART OF LOT 8STANDLEY HEIGHTS PAR T O F L O T 8 PA R C E L " B " RE C . N O . 2 0 1 8 0 5 8 0 0 9 CRESTONEINDUSTRIAL MINORSUB. FIL. NO. 1 PA R T O F L O T 7 ST A N D L E Y H E I G H T S SW CORNER NE 1/4SEC. 17-T03S-R69WFOUND NO. 6 REBARIN RANGE BOXCITY ID NO. 12109N: 713608.92E: 102525.33 P.O.C. PARCEL TRACT "A"ASPEN BUSINESSPARK NE 1/4 SEC. 17 SE 1/4 SEC. 17 SE CORNER NE 1/4SEC. 17-T03S-R69WFOUND 3-1/4" BRASS CAP LS 13212DATED 1984, IN RANGE BOXCITY ID NO. 12209N: 713646.48E: 105171.98 City of Wheat Ridge City of Arvada Unincorporated Jefferson County Rec. No. F0677490 P.O.B. PARCEL PARCEL Containing 10,388 s.f.± HANCE'S SUB. REPLAT NO. 2 Planning Commission 1Case No. WZ-19-08 / 52nd Avenue CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission MEETING DATE: December 19, 2019 CASE MANAGER: Lauren Mikulak CASE NO. & NAME: WZ-19-08 / 52nd Avenue ACTION REQUESTED: Approval of zoning designations for two segments of W. 52nd Avenue to be zoned Industrial Employment, Mixed Use-Commercial Transit Oriented Development, and Mixed Use-Neighborhood LOCATION OF REQUEST: 52nd Avenue between Ward Road and Tabor Street APPLICANT (S): Jefferson County OWNER (S): Jefferson County APPROXIMATE AREA: 49,457 square feet (1.14 acres) PRESENT ZONING: N/A COMPREHENSIVE PLAN: Mixed Use Employment / TOD Site ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)COMPREHENSIVE PLAN(X) ZONING ORDINANCE (X)DIGITAL PRESENTATION Location Map ATTACHMENT 2 Planning Commission 2 Case No. WZ-19-08 / 52nd Avenue JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Jefferson County has requested that Wheat Ridge annex the right-of-way (ROW) along 52nd Avenue that is currently in Jefferson County’s jurisdiction. State law requires that annexed property be assigned a zoning designation within 90 days. This application, if approved, will assign zoning to the street which corresponds to the zoning of adjacent properties within Wheat Ridge: Industrial Employment (IE), Mixed Use-Commercial Transit Oriented Development (MU-C TOD), and Mixed Use-Neighborhood (MU-N). The process for annexation is outlined in state statute, and the Planning Commission does not review annexation requests. The proposed annexation (Case No. ANX-19-01) and this zoning assignment will be reviewed by City Council on January 13, 2020. II. EXISTING CONDITIONS The Wheat Ridge · Ward Station area is one of four projects in the City’s Investing 4 the Future bond program; the station area receives $12 million from the voter-approved, temporary ½-cent sales and use tax rate increase. Improvements to 52nd Avenue have been identified and prioritized as an infrastructure project for the Wheat Ridge · Ward Station area and were specifically listed in the ballot language for the 2016 2E sales tax bond measure. At the far northwest portion of the City, W. 52nd Avenue is the northern boundary of the Wheat Ridge · Ward Station area. The street extends through three jurisdictions: Wheat Ridge owns the southern portion of the street and the northern portion is within the City of Arvada and Unincorporated Jefferson County (Exhibit 1, Aerial). The street currently functions as a two-lane road with intermittent curb, gutter, and sidewalk. Partnership with neighboring jurisdictions has been critical for street improvements in the station area, and in early 2018, the City Managers of Arvada and Wheat Ridge along with the County Manager of JeffCo signed a memorandum of understanding (MOU) agreeing to coordinate and cooperate on designing and funding mutually beneficial road improvements in the area surrounding the Wheat Ridge · Ward station area. In early 2019, Jefferson County notified both cities that they would no longer be participating in funding the 52nd Avenue project. More recently and due to ongoing budget issues, the County requested that the City own and maintain the 52nd Avenue improvements, and annexation proceedings were initiated in October 2019. The road will be reconstructed in 2020 to include street, sidewalk, and storm sewer improvements between Ward Road and Tabor Street. The reconstructed roadway will include: • a center turn lane, • continuous curb and gutter, • upgraded and continuous storm sewer, • a continuous 6-foot wide buffered sidewalk on the north side, and Planning Commission 3 Case No. WZ-19-08 / 52nd Avenue • an 8-foot wide detached sidewalk with streetscape on the south side. The road will serve a variety of existing and proposed residential and commercial uses. All improvements will be located within existing right-of-way; no private property is being acquired, annexed or zoned on 52nd Avenue. III. PROPOSED ZONING While zoning designations only affect the use and development of private property, it is customary for zoning boundaries to extend to the centerline of a street. When a property is at the edge of the City, the zoning designation extends to the City boundary. In this case, the zoning designations for the two road segments are proposed to correspond to the existing zoning on the adjacent properties in Wheat Ridge, including Industrial Employment (IE), Mixed Use-Commercial Transit Oriented Development (MU-C TOD), and Mixed Use-Neighborhood (MU-N). This is shown in Exhibit 2, Zoning Map. While there are adjacent planned developments (PCD), the boundaries of those property-specific zoning designations cannot be changed. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The annexation and associated zoning assignment will not result in significant adverse effects. The approvals enable the road improvements to proceed which ultimately promote the health, safety, and welfare of the community including long overdue pedestrian and storm sewer improvements. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. The proposed zoning will not affect private property development, nor does the zoning designation affect the design of the roadway. As part of the project, upgrades are being made to the street, storm, and water infrastructure. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. Planning Commission 4 Case No. WZ-19-08 / 52nd Avenue The annexation and zoning designation enables the roadway improvements to proceed. The upgrades meet the goals of the comprehensive plan, subarea plan, and bicycle and pedestrian master plan by improving multimodal facilities in the area of the commuter rail station. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Staff concludes that this criterion is not applicable. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request. V. PUBLIC NOTICING Prior to submittal of an application for a zone change, a neighborhood input meeting is required in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on October 2, 2019. Fifteen members of the public attended the meeting in addition to the applicant and staff. In general, the attendees were supportive of the request and had minimal questions related to zoning; questions related predominantly to the status of the roadway construction (Exhibit 3, Neighborhood Meeting Notes). As of the date of distribution of this staff report, December 10, 2019, the City has not received additional comments or inquiries from surrounding property owners. VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Public Works Department: No concerns. Arvada Fire District: No concerns. Xcel Energy: No concerns. Planning Commission 5 Case No. WZ-19-08 / 52nd Avenue Valley Water District: No concerns. Fruitdale Sanitation District: No concerns. Century Link: No comments. Comcast Cable: No comments. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zoning designation promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that infrastructure is appropriate and the zoning designation is consistent with adopted plans. Ultimately, zoning is required to be assigned by state statute subsequent to annexation and the three zoning designations are appropriate. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-19-08. VIII. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WZ-19-08, a request for approval of zoning designation for two segments of W. 52nd Avenue to be zoned Industrial Employment, Mixed Use- Commercial Transit Oriented Development, and Mixed Use-Neighborhood, for the following reasons: 1. A zoning designation is required by state statute in association with the proposed annexation. 2. The proposed zoning will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 3. Utility and transportation infrastructure being improved subsequent to the annexation and zoning. 4. The proposed zone change is consistent with the City’s Comprehensive Plan and subarea plan. 5. The zoning designation is appropriate and compatible with the adjacent designations on private property.” Option B: “I move to recommend DENIAL of Case No. WZ-19-08, a request for approval of zoning designation for two segments of W. 52nd Avenue to be zoned Industrial Employment, Mixed Use-Commercial Transit Oriented Development, and Mixed Use-Neighborhood, for the following reasons: 1. 2. …” Planning Commission 6 Case No. WZ-19-08 / 52nd Avenue The portions of W. 52nd Avenue to be annexed and zoned are shown in red. These two segments are the northern half of the road which are currently within Jefferson County’s jurisdictions (shown in purple). The portions of roadway within Arvada’s jurisdiction (shown in green) are not being annexed or zoned. EXHIBIT 1: AERIAL Planning Commission 7 Case No. WZ-19-08 / 52nd Avenue The colors of the dotted line correspond to the zoning designations to be assigned to the annexed segments of roadway: Industrial-Employment (IE) in purple, Mixed Use-Commercial TOD (MU-C TOD) in light blue, and Mixed Use-Neighborhood (MU-N) in royal blue. EXHIBIT 2: ZONING MAP MU-C TOD PID PCD I-E I-E MU-N Planning Commission 8 Case No. WZ-19-08 / 52nd Avenue NEIGHBORHOOD MEETING NOTES Meeting Date: October 3, 2019 Attending Staff: Lauren Mikulak, Planning Manager Mark Westberg, PW Projects Supervisor Location of Meeting: Wheat Ridge Recreation Center Property Address: 52nd Avenue between Ward Road and Tabor Street Property Owner(s): Jefferson County Property Owner(s) Present? Yes Applicant: Jefferson County Applicant Present? Yes, Steve Durian, Director of Transportation and Engineering Division on behalf of Jeffco Existing Zoning: N/A (not currently in Wheat Ridge) Existing Comp. Plan: N/A (not currently in Wheat Ridge) Existing Site Conditions: The subject property are two segments of the north side of W. 52nd Avenue in Jefferson County between Ward Road and Tabor Street. The western segment is approximately 180 feet in length extending east from Ward Road. The eastern segment is approximately 1,468 feet in length. Applicant/Owner Preliminary Proposal: Wheat Ridge voters approved a temporary sales tax increase to fund four priority projects, including providing $12M to fund projects in the Wheat Ridge · Ward Station area. The City of Wheat Ridge, City of Arvada, and Jefferson County have partnered to complete roadway improvements near the station, including adding sidewalks and a center turn lane to W. 52nd Avenue between Ward Road and Tabor Street. In order to facilitate this investment, Jefferson County has requested that the City of Wheat Ridge annex two segments of the existing right-of-way along the north side of W. 52nd Avenue that are within the project area and are currently in Jefferson County’s jurisdiction. There is no change to private property and no annexation of private property. The required process for annexation is established by state law and requires that in addition to annexing, Wheat Ridge must also assign a zoning designation to those street segments. The proposed zoning will be consistent with the zoning of the adjacent parcels in Wheat Ridge. EXHIBIT 3: NEIGHBORHOOD MEETING Planning Commission 9 Case No. WZ-19-08 / 52nd Avenue The following is a summary of the neighborhood meeting: • In addition to Wheat Ridge and Jefferson County staff, 15 members of the public attended the neighborhood meeting. Neighbors included residents of Wheat Ridge, Arvada, and Jefferson County many of whom have attended prior meetings regarding the proposed roadway investments and design of 52nd Avenue. • Staff discussed the reason and process for the annexation as well as the reason and rationale for the assignment of zoning designations. • The members of the public were informed of their opportunity to make comments during the process and at the public hearing, if required. The following issues were discussed regarding the annexation and zoning designation: • Why does the road need to be zoned and will it affect private property development? State statute compels the City to assign a zoning designation to any land that is annexed. In the City’s zoning map, all roadways are assigned the zoning designation of adjacent private properties, typically extending to the centerline of the road or to the City boundary. These segments will be zoned I-E, MU-C TOD, and MU-N based on the zoning of adjacent parcels but the zoning designation of the road will have no impact on the design of the road nor any change or impact to private property. • Why is the street being annexed and will Jefferson County still participate in the roadway project? The County is not in a financial position to be able to retain or maintain the proposed roadway improvements. Annexing the roadway into Wheat Ridge will simplify and expedite the construction of improvements and long term maintenance. Wheat Ridge and Arvada will share the cost of 52nd improvements equally (50/50). Jefferson County may be able to contribute a one-time lump sum, to be determined through the annexation agreement. • The roadway improvements have been delayed already; will the annexation and zoning delay the project further? Construction has been delayed, but the designs are now complete and ready to bid. The project will be put to bid while the annexation and zoning are in process, so a contract could be awarded on the same night that the annexation and zoning are reviewed. With that overlapping schedule, the added delay is about six weeks. The majority of questions were not related specifically to the annexation and zone change and rather to the proposed design and construction of the roadway improvements and to nearby development: • Will the 52nd design include on street parking? No, in order to fit within existing right-of-way, the design between the curbs includes one travel lane in each direction and a center turn lane but no on-street parking. The street will function like a collector. On-street parking is included in the new and upgraded local streets on the Wheat Ridge side. • Where will parking be accommodated? Will RTD expand their parking lot? On-street parking is included in the new and upgraded local streets on the Wheat Ridge side. Agreements between Wheat Ridge and RTD obligate RTD to add 150 spaces to the surface Planning Commission 10 Case No. WZ-19-08 / 52nd Avenue parking lot if it meets certain utilization thresholds. The City and RTD will be meeting to discuss short and long term solutions, including potentially a parking garage. There is no known timing for parking lot expansion. • How does a continuous center turn lane function? Will people drive on it the whole length? A continuous center turn lane is also called a two-way left-turn lane. It provides a center lane exclusively for left turning vehicles coming from either direction. You can also turn into it from a side street until you merge into the through lane. It is beneficial on roads with closely spaced driveways and streets. It is unlikely that anyone will travel in the center lane because of the frequency of driveways and streets. It will function similar to W. 38th Avenue between Wadsworth and Sheridan, where the majority of the street has a two-way left-turn lane. • What is a bulb out and why are they proposed on the north side of the street (eg at Tabor, Taft and Union)? A bulb out is a curb extension where the curb is extended in towards the centerline to narrow the street at an intersection. It shortens the crossing distance for pedestrians and slows traffic. Bulb outs are specifically designed at the intersections on the north side of street to deter traffic from entering or cutting through the residential neighborhoods. Often the visual narrowing is a deterrent, particularly once W. 52nd Avenue is improved to function as a more desirable option. [There was some discussion from a Tabor Street resident in Arvada who did not prefer the bulb out design. The design has been collaborative and Wheat Ridge staff have followed Arvada staff requests in terms of the intersection design in their jurisdiction.] • Will school buses and fire trucks be able to fit through bulb outs? Yes, the turning radii will accommodate larger trucks and vehicles, such as buses and fire trucks. • Will the construction be coordinated with adjacent development, will Hance Ranch build their portion? Yes, construction will be coordinated. Hance Ranch will construct the sidewalk adjacent to the townhomes but paid fees to the City. Toll Brothers will also pay fees for their portion of 52nd Avenue so the City can construct the roadway improvements at one time and not incrementally by three different contractor teams. • Will access along 52nd Avenue to driveways, homes, and businesses be maintained? Yes, the goal is always to maintain access even if it may be limited. The contractor that is hired will be responsible for proposing the phasing and will be responsible for communicating with neighbors and businesses the schedule for access changes or closures. • Will the sewer be changed? No, the sewer is deep enough that there will be no change. • Can the overhead lines be undergrounded? No, it is too expensive to be included in this scope of work. • What are the construction hours? Is work allowed at night and on weekends? Hours of construction are limited by permit type: generally a window of 7am to 7pm for building permits (vertical construction and site work) and a window of 7am to 5pm (sometimes Planning Commission 11 Case No. WZ-19-08 / 52nd Avenue shorter depending on the road) for right-of-way permits. Road work is limited to weekdays. Any exceptions to these, such as longer hours or weekend work in the road, have to be approved by the City. [Subsequent to the meeting, Public Works field staff confirmed night work was authorized on Ridge Road to reduce daytime impact on businesses and because no residences are adjacent.] • There was discussion of noise violations and RV camping and a request for more police patrols in the area. Wheat Ridge staff will advise the Police Department of these observations and request added patrol. Aside from the neighbors at the meeting, staff received one written inquiry from a property owner in the area; they did not express any objections. Planning Commission Minutes - 1 –December 19, 2019 PLANNING COMMISSION Minutes of Meeting December 19, 2019 1.CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2.ROLL CALL OF MEMBERS Commission Members Present:Melissa Antol Will Kerns Daniel Larson Janet Leo Scott Ohm Jahi Simbai Vivian Vos Commission Members Absent: Richard Peterson Staff Members Present: Lauren Mikulak, Planning Manager Mark Westberg, Engineering Project Supervisor Tammy Odean, Recording Secretary 3.PLEDGE OF ALLEGIANCE 4.APPROVE ORDER OF THE AGENDA It was moved by Commissioner SIMBAI and seconded by Commissioner VOS toapprove the order of the agenda. Motion carried 7-0. 5.APPROVAL OF MINUTES – October 17, 2019 It was moved by Commissioner LEO and seconded by Commissioner LARSON toapprove the minutes of October 17, 2019, as written. Motion carried 7-0. 6.PUBLIC FORUM (This is the time for any person to speak on any subject not appearingon the agenda.) No one wished to speak at this time. ATTACHMENT 3 Planning Commission Minutes - 2 – December 19, 2019 7. PUBLIC HEARING A. Case No. WZ-19-08: An application filed by Jefferson County for approval of initial zoning for the north half of 52nd Avenue between Ward Road and Tabor Street currently in unincorporated Jefferson County and Proposed to be annexed (case # ANX-19-01) by the City of Wheat Ridge. Ms. Mikulak gave a short presentation regarding the zoning and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner SIMBAI asked what the outcome would be with construction if Jeffco retained the roadway. Ms. Mikulak said the challenge is the different street standards and right-of-way permits and could make things complicated. Commissioner ANTOL wanted clarification on the zone change in the middle of the road and if this done only during an annexation case. Ms. Mikulak explained that the zoning generally goes into the center of the road and when land is annexed the zoning is not inherited and the City has 90 days by state law to assign it zoning. Commissioner LARSON inquired if the gaps that will not be going through the zone change. Ms. Mikulak mentioned that the 2 gaps belong to Arvada and the City will not be annexing those segments in part because Arvada has an Urban Renewal District in this area and if an Urban Renewal District is modified by removing boundary then other issues are created. Mr. Larson then asked why the zone change ordinance that went to City Council’s 1st reading on December 9 states that Planning Commission approved the zone change when and the Planning Commission meeting is on December 19. Mr. Westberg mentioned that was an oversight and the December 19 date should have been left blank. Commissioner VOS asked why Wheat Ridge is being asked to annex the roadway and asked about potential annexation of private property from Jeffco in the future. Planning Commission Minutes - 3 – December 19, 2019 Ms. Mikulak explained there is no interest by the City to annex private property and it seems logical to annex the northern have of the road since the City already maintains the southern half of 52nd Avenue. Commissioner VOS also asked if there are any cost figures. Ms. Mikulak said this case is strictly about zoning, but the 52nd Avenue improvements are being paid for with the 2E bond funds which can be found in the 2020 budget. Mr. Westberg added that the City of Arvada has offered to pay for half of the improvements on 52nd Avenue. Commissioner LEO asked if there is any negative impact related to this zone change. Ms. Mikulak said the City would be in violation of State law if there was no zone change but there is no impact on the function or design of the roadway. Commissioner KERNS asked if it is unorthodox to have the zoning go across center line of the roadway and if the sidewalk on the northern side of the road will be consistent. Ms. Mikulak said no, not on a City boundary and yes there will be a continuous sidewalk on the north side. Commissioner OHM asked what the current zoning is for the Jeffco property and if Arvada’s Comprehensive Plan includes the unincorporated Jeffco area Ms. Mikulak answered the City does not know to both questions. Commissioner VOS then asked if there are any ramification if the City doesn’t know the answer to Commissioner OHM’s questions. Ms. Mikulak said no because a Comprehensive plan only addresses their boundaries; Arvada potentially has a 3-mile plan which will create a vision, but we do not look at those for a roadway zone change. It was moved by Commissioner LEO and seconded by Commissioner KERNS to recommend APPROVAL of Case No. WZ-19-08, a request for approval of zoning designation for two segments of W. 52nd Avenue to be zoned Industrial Employment, Mixed Use-Commercial Transit Oriented Development, and Mixed Use-Neighborhood, for the following reasons: 1. A zoning designation is required by state statute in association with the proposed annexation. Planning Commission Minutes - 4 – December 19, 2019 2. The proposed zoning will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 3. Utility and transportation infrastructure being improved subsequent to the annexation and zoning. 4. The proposed zone change is consistent with the City’s Comprehensive Plan and subarea plan. 5. The zoning designation is appropriate and compatible with the adjacent designations on private property. Motion carried 7-0. B. Case No. ZOA-19-05: An ordinance amending the Wheat Ridge Code of Laws to amend references to the Public Works and Community Development Directors, Departments, Divisions and Staff. Ms. Mikulak gave a brief explanation for the reorganization and the ordinance. Commissioner SIMBAI asked if the duties of the two Directors should be change in the code as well. Ms. Mikulak explained that it was changed by City Council in November, effective immediately but the online Municipal Code takes a few months to get updated. Commissioner SIMBAI also asked if the Planning Director is the same and Community Development Director. Ms. Mikulak said it is meant to refer to the same person and the title is being corrected now. Commissioner LARSON asked what the 3 divisions will be in the Community Development Department. Ms. Mikulak listed: Planning, Building and Engineering. Commissioner LARSON also wanted to know the responsibilities of the Public Works Department. Ms. Mikulak explained the two division of Public Works will include Construction and Operations. She added there will still be a lot of overlap with the Engineering division assisting both Public Works and Community Development. Ms. Mikulak said right-of-way permits will still be issued out of City Hall, but the organizational chart will look different. Mr. Westberg added that from a practical standpoint all the employees are still doing their same jobs. ITEM NO: DATE: January 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 19-2019 – AN ORDINANCE ADOPTING BY REFERENCE THE 2018 EDITIONS OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL PROPERTY MAINTENANCE CODE, INTERNATIONAL ENERGY CONSERVATION CODE, INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL FIRE CODE, INTERNATIONAL EXISTING BUILDING CODE, INTERNATIONAL SWIMMING POOL AND SPA CODE, AND INTERNATIONAL FUEL GAS CODE; THE 2017 EDITION OF THE NATIONAL ELECTRICAL CODE; THE 2018 NATIONAL FIRE PROTECTION ASSOCIATION (NFPA 99) STANDARD FOR HEALTH CARE FACILITIES; THE 1997 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; ADOPTING CERTAIN AMENDMENTS TO SUCH CODES; PROVIDING PENALTIES FOR VIOLATIONS OF THE SAME; AND AMENDING CHAPTER 5 OF THE WHEAT RIDGE CODE OF LAWS ACCORDINGLY PUBLIC HEARING ORDINANCES FOR 1ST READING (11/25/2019) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/13/2020) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager 4 Council Action Form - 2018 International Building Codes January 13, 2020 Page 2 ISSUE: The City currently has adopted and/or enforces the following building related codes: • 2012 version of the International Codes, • 2017 National Electrical Code (enforces but has not adopted), and • 2015 National Fire Protection Association (NFPA) 99 Standards for Health Care Facilities. Staff is recommending that City Council adopt the most recent version of the codes: • 2018 version of the International Codes, • 2017 National Electrical Code, and • 2018 National Fire Protection Association (NFPA 99) Standards for Health Care Facilities PRIOR ACTION: Council adopted the 2012 version of the International Codes in 2014. At its October 7, 2019 Study Session, Council discussed a draft of the proposed adoption of these codes, including amendments, and directed certain changes. Those changes are reflected in the current draft ordinance. The City Council appointed Building Code Advisory Board has reviewed the Codes, as amended, and forwards its recommendation of approval. FINANCIAL IMPACT: Minimal. Services of the city attorney were required to draft the ordinance and $5,000 have been budgeted in 2020 for new versions of the building codes. BACKGROUND: Since the first study session on May 6, staff has met with the Building Code Advisory Board on a monthly basis and on August 8 met with local developers who have current construction projects within the City to discuss the amendments that will most likely affect their projects. Staff also hosted a community meeting on August 14 with local contractors and the public to discuss the code adoption process and proposed local amendments. Notice of that meeting was published on the City’s website and e-mailed to all licensed contractors in the City. In 2014, Council adopted the 2012 versions of the International Codes with amendments. Some of the amendments and changes included in the 2012 versions of the codes that remain unchanged or unaltered in the 2018 amendments are: - The adopted building permit fee schedule - Fixed fees for particular permit types - Exemption from permits for fences 6 feet and less in height - Increased occupant load thresholds before requiring separate sex bathrooms - Requiring an approved source capture system for marijuana related occupancies to remove particulates and odors as not to cause a nuisance to adjacent occupants and properties - A change in the square footage area of “Hoop Houses” exempt from permit (400 SF) Council Action Form - 2018 International Building Codes January 13, 2020 Page 3 - Removing the requirement for automatic residential fire sprinkler systems for one and two family dwellings and town houses from the International Residential Code A few minor changes to previous amendments are reflected in this Ordinance. Those changes are: - Removing the language for Lumber Sheathing in Section 202 Definitions, that allowed any gaps less than ½ inch to be considered solid sheathing - Revising language to redefine the occupancy classification for businesses that perform combustible and non-combustible extraction processes as an F-1, Moderate Hazard, unless specific quantities of materials are exceeded - Adding Section 419 Live Work Units back into adopted code - Revising certain language in the Fire Code based upon the Fire Districts’ recommendations Other amendments not previously addressed but contained in this Ordinance are: - Adding language to administrative sections for project valuations calculated by the Building Division to be based on most recent building valuation data table as published by the International Code Council (ICC) - Modifying section 303.1.4 for Accessory to places of worship to allow overnight homeless sheltering on a temporary basis for under 50 occupants - Exempting residential decks that are not over 120 square feet in area, that are not more than 30” above grade, are not attached to a dwelling unit and do not serve the required exit door from permits - Exempting residential lawn sprinklers from permits and contractor licensing - Adopting the following appendices from the International Residential Code: • Appendix F for Radon Control Methods • Adopting Appendix J for Existing Buildings and Structures • Adopting Appendix Q in the IRC for Tiny Houses • Adopting Appendix T in the IRC for Solar-Ready Provisions (with modifications) - Adopting Appendices CA and RA for Solar-Ready Provisions from the International Energy Conservation Code (with modifications) - Adopting the International Existing Building Code and International Swimming Pool and Spa Code OPTIONS FOR COUNCIL ACTION: 1. Approve the ordinance as presented on second reading; 2. Approve the ordinance with amendments on second reading; 3. Request further research and information from staff on a particular issue(s) and continue consideration of the ordinance to a future meeting; or 4. Postpone consideration of the ordinance indefinitely. Council Action Form - 2018 International Building Codes January 13, 2020 Page 4 RECOMMENDED MOTION: “I move to approve Council Bill No. 19-2019 – an ordinance adopting by reference the 2018 editions of the International Building Code, International Mechanical Code, International Plumbing Code, International Property Maintenance Code, International Energy Conservation Code, International Residential Code, International Fire Code, International Existing Building Code, International Swimming Pool And Spa Code, and International Fuel Gas Code; the 2017 edition of the National Electrical Code; the 2018 National Fire Protection Association (NFPA 99) Standard for Health Care Facilities; the 1997 Uniform Code for the Abatement of Dangerous Buildings; adopting certain amendments to such codes; providing penalties for violations of the same; and amending Chapter 5 of the Wheat Ridge Code of Laws accordingly, order it published and that it take effect on July 1, 2020, with the exception of Appendix F and Appendix T of the 2018 International Residential Code and section 306.2 of the 2018 International Building Code, which shall take effect fifteen days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 19-2019 – an ordinance adopting by reference the 2018 editions of the International Building Code, International Mechanical Code, International Plumbing Code, International Property Maintenance Code, International Energy Conservation Code, International Residential Code, International Fire Code, International Existing Building Code, International Swimming Pool And Spa Code, and International Fuel Gas Code; the 2017 edition of the National Electrical Code; the 2018 National Fire Protection Association (NFPA 99) Standard for Health Care Facilities; the 1997 Uniform Code for the Abatement of Dangerous Buildings; adopting certain amendments to such codes; providing penalties for violations of the same; and amending Chapter 5 of the Wheat Ridge Code of Laws accordingly for the following reason(s) _______________.” REPORT PREPARED/REVIEWED BY: Randy Slusser, Chief Building Official Nina Williams, City Attorney’s Office Ken Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill 19-2019 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 19 ORDINANCE NO. 1680 Series 2019 TITLE: AN ORDINANCE ADOPTING BY REFERENCE THE 2018 EDITIONS OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL PROPERTY MAINTENANCE CODE, INTERNATIONAL ENERGY CONSERVATION CODE, INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL FIRE CODE, INTERNATIONAL EXISTING BUILDING CODE, INTERNATIONAL SWIMMING POOL AND SPA CODE, AND INTERNATIONAL FUEL GAS CODE, THE 2017 EDITION OF THE NATIONAL ELECTRICAL CODE; THE 2018 NATIONAL FIRE PROTECTION ASSOCIATION (NFPA 99) STANDARD FOR HEALTH CARE FACILITIES; AND THE 1997 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; ADOPTING CERTAIN AMENDMENTS TO SUCH CODES; PROVIDING PENALTIES FOR VIOLATIONS OF THE SAME; AND AMENDING CHAPTER 5 OF THE WHEAT RIDGE CODE OF LAWS ACCORDINGLY WHEREAS, the City of Wheat Ridge, Colorado (the “City”), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to Section 5.16 of the Wheat Ridge Home Rule Charter (“Charter”) and Part 2 of Article 16 of Title 31 of the Colorado Revised Statutes, the City, acting through its City Council (the “Council”), possesses the authority to adopt standard codes by reference; and WHEREAS, pursuant to this authority, the City previously adopted a series of technical codes by reference, codified under Article III of Chapter 5 of the Wheat Ridge Code of Laws (“Code”); and WHEREAS, after due and proper notice and in accordance with C.R.S. § 31-16-203, the Council conducted a hearing on the adoption of updated versions of said technical codes, as set forth in this ordinance; and WHEREAS, based upon recommendations of staff, as informed by the administration and enforcement of said technical codes over time, and the continuing evolution of said codes by the issuance of updated editions, the Council finds that it is the best interest of the City to adopt the 2018 editions of the International Building Code, the International Mechanical Code, the International Plumbing Code, the International Property Maintenance Code, the International Energy Conservation Code, the International Residential Code, the International Fire Code, the International Fuel Gas Code, the International Existing Building Code, and the International ATTACHMENT 1 2 Swimming Pool and Spa Code, the 2017 National Electrical Code and the 2018 National Fire Protection Association (“NFPA”) 99 Standard for Health Care Facilities, and 1997 Uniform Code for the Abatement of Dangerous Buildings and to adopt certain amendments to the same; and WHEREAS, the Council now also desires to amend certain sections of Chapter 5, Article IV of the Wheat Ridge Code of Laws (“Code”), regarding Contractors, and to make certain amendments thereto, as further set forth herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 5-76 of the Code, concerning the International Building Code, is hereby repealed and reenacted to read in its entirety as follows: Sec. 5-76. Building Code. (a) Adoption. The International Building Code, 2018 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the building code of the City of Wheat Ridge. One (1) copy of said International Building Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents, and index. Only the following Appendices are hereby adopted by reference: Appendices E and I. The 2018 International Building Code shall be known as the "I.B.C." or the "building code" and may be cited and referred to as such. (b) Amendments. The International Building Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2018 International Building Code. 101.1 Title. Amend to read in its entirety: 101.1 Title. These regulations shall be known as the Building Code of the City of Wheat Ridge, hereinafter referred to as "this code." 105.1.1 Annual permit. Delete entire section. 105.1.2 Annual permit records. Delete entire section. 105.2 Work exempt from permit. Amend to read in its entirety: 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 3 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 120 square feet. 2. Fences not over 6 feet high. 3. Oil derricks. 4. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids. 5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons and the ratio of height to diameter of width is not greater than 2:1. 6. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route. 7. Painting, papering, carpeting, cabinets and countertops and similar finish work that is not a part of the scope of a larger permittable project. 8. Prefabricated swimming pools that are less than 24 inches in depth, not greater than 5,000 gallons and are installed entirely above ground. 9. Shade cloth structures under 400 square feet constructed for nursery or agricultural purposes, not including service systems. 10. Swings and other playground equipment accessory to detached one- and two-family dwellings. 11. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support. 12. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height. 13. Hoop houses as defined in Section 3102.2 that do not exceed 400 square feet in floor area, that are not occupied by the general public, and that do not contain mechanical or electrical devices, equipment or systems. Electrical: Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmission, but do apply to equipment and wiring for a power supply and the installation of towers and antennas. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing and servicing of electrical equipment or apparatus. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 4 Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part that does not alter the approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds or less of refrigerant and actuated by motors of 1 horsepower or less. Plumbing: The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 105.5 Expiration. Amend to read in its entirety: 105.5 Expiration. Every permit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 107.1 General. Amend to read in its entirety: 107.1 General. Construction documents, statement of special inspections and other data shall be submitted in two (2) sets with each application for permit. The Building Official may allow additional sets to be submitted to allow for concurrent review to decrease the review time for applicants who wish to submit the additional documents. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this code. 107.3.1 Approval of construction documents. Amend to read in its entirety: 5 107.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Approved Subject to Field Inspections - Wheat Ridge Building Dept.". One set of construction documents so reviewed shall be retained by the building official. One set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 109.2 Schedule of permit fees. Amend to read in its entirety: 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. The permit fee shall be established as set forth in Table 1-A. 109.3 Building permit valuations. Amend to read in its entirety: 109.3 Building permit valuations. The applicant for a permit shall provide an estimated project valuation at the time of application. Permit valuations shall include the value of all work, including foundation work, structural and non-structural building components, electrical, plumbing, mechanical and interior finish materials. Project valuation shall be calculated by the Building Division based on the most recent building valuation data (BVD) promulgated and published by the International Code Council (ICC). The higher of the applicant stated valuation and the building division calculated valuation shall be used to determine building permit fees. Final building permit valuation shall be set by the building official. 109.6 Refunds. Amend to read in its entirety: 109.6 Refunds. The code official shall authorize the refunding of fees as follows: 1. The full amount of any fee paid hereunder that was erroneously paid or collected. 2. Not more than 100 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4. Not more than 50 percent of the plan review fee paid when an application for permit for which a plan review fee has been paid is withdrawn or canceled after initiation of any plan review effort. Note: The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 113 Board of Appeals. Amend to read in its entirety: 113 Board of Appeals. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder, including 6 fines, have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. 114.4 Violation penalties. Amend to read in its entirety: 114.4 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 115.2 Issuance. Delete entire section. 115.3 Unlawful continuance. Rename and amend in its entirety: 115.3 Issuance and unlawful continuance. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1,000 dollars. 303.1.4 Accessory to places of religious worship, Amend to read in its entirety. 303.1.4 Accessory to places of religious worship. 1. Accessory religious educational rooms and religious auditoriums with occupant loads of less than 100 per room or space are not considered separate occupancies. 2. Rooms and spaces within places of religious worship providing overnight homeless sheltering for fewer than 50 occupants, for less than 16 continuous hours, shall be classified as part of the primary occupancy provided the aggregate area used for sleeping is less than 10,000 square feet and has all of the following: a) exiting and emergency lighting b) operational smoke alarms and carbon monoxide alarms in all sleeping areas c) a minimum of one awake attendant d) an emergency plan. An operational permit and an approved emergency plan for such use may be required on an annual basis through the governing Fire Code Official subject to review of compliance with these provisions. 306.2 Moderate-hazard factory industrial, Group F-1. Amend the paragraph to read: Moderate-hazard factory industrial, Group F-1. Factory industrial uses that are not classified as Factory Industrial F-2 Low hazard shall be classified as F-1 Moderate 7 Hazard, to include occupancies involving combustible and non-combustible extraction methods, and shall include, but not limited to, the following: 306.2 Moderate-hazard factory industrial, Group F-1. Add the following uses to this section: Marijuana cultivation Marijuana products containing hash oil 308.2 Institutional Group I-1. Amend to read in in its entirety: 308.2 Institutional Group I-1. Institutional Group I-1 occupancy shall include buildings, structures or portions thereof for more than 16 persons, excluding staff, who reside on a 24-hour basis in a supervised environment and receive custodial care. Buildings of Group I-1 shall be classified as a Condition 2 unless approved by the building and fire code official as a Condition 1. This group shall include, but not be limited to the following: 309.1 Mercantile Group M. Add the following use to this section: Sale of marijuana, products containing marijuana and hash oil, and devices for use in the consumption of marijuana 310.5 Residential Group R-4. Amend to read in its entirety: 310.5 Residential Group R-4. Residential Group R-4 shall include buildings, structures or portions thereof for more than five but not more than 16 persons, excluding staff, who reside on a 24-hour basis in a supervised residential environment and received custodial care. Buildings of Group R-4 shall be classified as a Condition 2 unless approved by the building and fire code official as a Condition 1. This group shall include, but not be limited to the following: 420.4 Automatic sprinkler system. Amend the paragraph to read: 420.4 Automatic sprinkler system. Group R occupancies, with the exception of one and two family dwellings and townhouses, shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.2.8. Group I-1 occupancies shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.2.6. Quick response or residential automatic sprinklers shall be installed in accordance with Section 903.3.2. 903.2.8.1 Group R-3. Amend to read in its entirety: 903.2.8.1 Group R-3. An automatic sprinkler system shall be installed in group R-3 occupancies, with the exception of one and two single family dwellings and townhouses. 1101.2 Design. Amend to read in its entirety: 1102.1 Design. Buildings and facilities shall be designed and constructed to be accessible in accordance with this code and ICC A117.1-2009 Edition. 1209.2 Attic spaces. Amend to read in its entirety: 8 1209.2 Attic spaces. An opening not less than 20 inches by 30 inches shall be provided to any attic area having a clear height of over 30 inches. A 30-inch minimum clear headroom in the attic space shall be provided at all points directly above the access opening. The finish opening dimensions of attic accesses shall be a minimum of 20 inches by 30 inches. 1507.2.7 Attachment. Amend to read in its entirety: 1507.2.7 Attachment. Asphalt shingles shall be attached with a minimum of 6 nails per shingle or as specified by the manufacturer, whichever is more restrictive. Where the roof slope exceeds 20 units vertical in 12 units horizontal (167 percent slope) special methods of fastening are required. Special fastening methods shall be tested in accordance with ASTM D 3161, Class F. Asphalt shingle wrappers shall bear a label indicating compliance with ASTM D 3161, Class F. 1507.2.8.2 Ice barrier. Amend to read in its entirety: 1507.2.8.2 Ice barrier. Ice barrier complying with ASTM D1970 shall be required in lieu of normal underlayment at roof eaves and shall extend from the eave edge to a point at least 24 inches inside the exterior wall line of the building. Exception: Detached structures and attached garages that contain no conditioned floor area. 1607.12 Loads. Amend to read in its entirety: 1607.12 Roof loads. The structural supports of roofs and marquees shall be designed to resist wind and, where applicable, snow and earthquake loads, in addition to the dead load of construction and the appropriate live loads as prescribed in this section, or as set forth in Table 1607.1. The live loads acting on a sloping surface shall be assumed to act vertically on the horizontal projection of that surface. For Hoop Houses as defined in Section 3102.2, the minimum live load for roofs shall be 5 PSF for coverings and 20 PSF for structural components. 1609.1 Application. Amend to read in its entirety: 1609.1 Application. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads prescribed herein. Decreases in wind loads shall not be made for the effect of shielding by other structures. Exception: Hoop Houses as defined in Section 3102.2 shall be designed to provide resistance to a minimum wind speed of 70 miles per hour. 1808.1 General. Amend to read in its entirety: 1808.1 General. Footings shall be designed and constructed in accordance with Sections 1805.1 through 1805.9. Footings and foundations shall be built on undisturbed soil, compacted fill material or CLSM. Compacted fill material shall be placed in accordance with Section 1803.5. CLSM shall be placed in accordance with 1803.6. All footing and foundation systems for additions and new structures shall be designed by a structural engineer licensed by the State of Colorado. Submitted plans for these 9 systems shall be wet-stamped and signed by the engineer of record at the time of permit application. The top surface of footings shall be level. The bottom surface of footings is permitted to have a slope not exceeding one unit vertical in 10 units horizontal (10 percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footing or where the surface of the ground slopes more than the one unit vertical in 10 units horizontal (10 percent slope). 3001.2 Referenced Standards. Amend to read in its entirety: 3001.2 Referenced Standards. Except as otherwise provided for in this Code, the design, construction, installation, alteration, repair and maintenance of elevators and conveying systems and their components shall conform to ASME A90.1, ASME B20.1, ALCTV, and ASCE 24 for construction in flood hazard areas established in section 1612.3 of this code. The design, construction installation, alteration, repair and maintenance of elevators and conveying systems shall also conform to ASME A17.1, ASME A17.2, ASME A17.3, ASME A18.1 and ASME QE-1 and all other standards referenced in Section 2-6-1(1) of the Colorado Department of Labor and Employment, Division of Public Safety Conveyance Regulations, 7 Colo. Code Regs. 1101-8, as now and hereafter amended (the "OPS Regulations"). 3102.2 Definitions. Add the following language to Section 3102.2: HOOP HOUSE. A structure not exceeding 1,000 square feet in floor area with a maximum six mils thick poly film roof and wall covering installed over rounded structural members in which there is no storage of solvents, fertilizers, gases or other chemicals or flammable materials. Structures not complying with all of the specifics set forth in the definition above shall be defined in accordance with adopted code and standard practice. Hoop houses exceeding 1,000 square feet in size shall be defined as greenhouses for the purpose of determining applicability of adopted codes and regulations. 3102.3 Type of construction. Amend to read in its entirety: 3102.3 Type of construction. Noncombustible membrane structures shall be classified as Type IIB construction. Noncombustible frame or cable-supported structures covered by and approved membrane in accordance with Section 3012.3.1 shall be classified as Type IIB construction. Heavy timber frame-supported structures covered by an approved membrane in accordance with Section 3102.3.1 shall be classified as Type IV construction. Other membrane structures, and hoop houses as defined in Section 3102.2, shall be classified as Type V construction. Exception: Plastic less than 30 feet above any floor used in hoop houses as defined in Section 3102.2 and greenhouses, where occupancy by the general public is not authorized, and for aquaculture pond covers is not required to meet the fire propagation performance criteria of NFPA 701. 3102.3.1 Membrane and interior liner. Amend to read in its entirety: 10 3102.3.1 Membrane and interior liner material. Membrane and interior liners shall be either noncombustible as set forth in Section 703.4 or meet the fire propagation performance criteria of NFPA 701 and the manufacturer's test protocol. Exception: Plastic less than 20 mil in thickness used in hoop houses as defined in Section 3102.2 and in greenhouses, where occupancy by the general public is not authorized, and for aquaculture pond covers is not required to meet the fire propagation performance criteria of NFPA 701. 3102.4 Allowable floor areas. Amend to read in its entirety: 3102.4 Allowable floor areas. The area of a membrane structure shall not exceed the limitations set forth in Table 503, except as provided in Section 506. The floor area of Hoop Houses as defined in Section 3102.2 shall not exceed 1,000 square feet. 3102.5 Maximum height. Amend to read in its entirety: 3102.5 Maximum height. Membrane structures shall not exceed one story nor shall such structures exceed the height limitations in feet set forth in Table 503. Hoop houses as defined in Section 3102.2 shall not exceed applicable heights as determined by regulations set forth in Municipal Code Sections 26-205, 26-214, and 26-625. Exception: Noncombustible membrane structures serving as roofs only. 3102.6.1 Noncombustible membrane. Amend to read in its entirety: Section 3102.6.1 Noncombustible membrane. A noncombustible membrane shall be permitted for use as the roof or as a skylight of any building or atrium of a building of any type of construction provided it is at least 20 feet above any floor, balcony or gallery. A noncombustible poly film not exceeding 6 millimeters in thickness shall be permitted to be used as the roof and wall covering for structures defined as Hoop Houses in Section 3102.2, regardless of height. Section 2. Section 5-76 of the Code, concerning the National Electrical Code, is hereby repealed and reenacted to read in its entirety as follows: Sec. 5-76. National Electrical Code. (a) Adoption. The National Electrical Code, (NFPA-70) 2017 Edition, copyrighted by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts, 01269-7471, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the electrical code of the City of Wheat Ridge. One (1) copy of said National Electrical Code shall be filed in the office of the city clerk and may be inspected during regular business hours Any modifications to or newer versions of the National Electrical Code (NFPA-70) that are adopted by the Colorado State Electrical Board pursuant to its authority under C.R.S. §12- 23-104(2)(a) shall be automatically incorporated herein and deemed to modify this code. The 2017 National Electrical Code shall be known as the "N.E.C." or the "electrical code" and may be cited and referred to as such. (b) Purpose. The purpose of this section is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, 11 construction, quality of materials, use and occupancy, location and maintenance of all buildings, structures and utilities and certain equipment specifically regulated herein. (c) Electrical permit fees. Electrical permit fees shall be as follows: All fees shall be computed based on the estimated project valuation at the time of application. project valuation shall include the value of all work, including all costs of labor and materials related to the project. Project valuation shall be calculated by the building division based on data published on the city website or other reasonable means, and the higher of the applicant's stated valuation and the division's calculated valuation shall be used to determine permit fees. Fees shall be computed based upon Table 1-A of the city's fee schedule, as adopted from time to time by city council resolution ("Table 1-A"), at time of obtaining the permit. (d) Fees for work without a permit. Items of work for which a permit is required under this section which are commenced before a permit is secured shall be assessed a fee as set forth in Table 1-A. This fee shall be in addition to the permit fee required for such work pursuant to Table 1-A. (e) Electrical inspections. (1) General. All construction and work for which a permit is required by the code adopted by this section 5-77 shall be subject to inspection by the building official to ensure compliance with said code and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of the code adopted by this section or of other ordinances of the city. Inspections presuming to give authority to violate or cancel the provisions of the code adopted by this section or of other ordinances of the city 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 building official nor the city shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. Approval of one (1) portion of work upon inspection shall not constitute approval of any other portion of work requiring inspection. (2) Inspection agencies. The building official is authorized to accept reports of inspection agencies, provided such agencies satisfy the building official's requirements as to qualifications and reliability. (3) Permit posted. Inspection records available. No construction or work for which a permit is required by the code adopted by this section shall be commenced until such required permit is posted at the work site. Additionally, all inspection records for a work site shall be maintained and made available for inspection by the city on-site at all times that work is occurring at such site. Section 3. Section 5-78 of the Code, concerning the International Mechanical Code, is hereby repealed and reenacted to read in its entirety as follows: Sec. 5-78. Mechanical Code. 12 (a) Adoption. The International Mechanical Code, 2018 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the mechanical code of the City of Wheat Ridge. One (1) copy of said International Mechanical Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. The 2018 International Mechanical Code shall be known as the "I.M.C." or the "mechanical code" and may be cited and referred to as such. (b) Amendments. The International Mechanical Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2018 International Mechanical Code. 101.1 Title. Amend to read in its entirety: 101.1 Title. These regulations shall be known as the Mechanical Code of the City of Wheat Ridge hereinafter referred to as "this code." 106.3.1 Construction documents. Amend to read in its entirety: 106.3.1 Construction documents. Construction documents, statement of special inspections and other data shall be submitted in two (2) sets with each application for permit. The Building Official may allow additional sets to be submitted to allow for concurrent review to decrease the review time for applicants who wish to submit the additional documents. The code official shall require construction documents, computations and specifications to be prepared and designed by a registered design professional when required by state law. Where special conditions exist, the code official is authorized to require additional construction documents to be prepared by a registered design professional. Construction documents shall be drawn to scale and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that the work conforms to the provisions of this code. Construction documents for buildings more than two stories in height shall indicate where penetrations will be made for mechanical systems, and the materials and methods for maintaining required structural safety, fire-resistance rating and fireblocking. Exception: The code official shall have the authority to waive the submission of construction documents, calculations or other data if the nature of the work applied for is such that reviewing of construction documents is not necessary to determine compliance with this code. 106.4.3 Expiration. Amend to read in its entirety: 106.4.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 106.5.2 Fee Schedule. Amend to read in its entirety: 106.5.2 Fee Schedule. The fees for all mechanical work shall be established as set forth in Table 1-A. 13 106.5.3 Fee refunds. Amend to read in its entirety: 106.5.3 Fee refunds. The code official shall authorize the refunding of fees as follows: 1. The full amount any fee paid hereunder that was erroneously paid or collected. 2. Not more than 100 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled after initiation of any plan review effort. Note: The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 108.4 Violation penalties. Amend to read in its entirety: 108.4 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair mechanical work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 108.5 Stop work orders. Amend to read in its entirety: 108.5 Stop work orders. Upon notice from the code official, work on any mechanical system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1,000 dollars. 109 Means of Appeal. Amend to read in its entirety: 109 Means of Appeal. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on claim the true intent of this code or the rules legally adopted thereunder, and fines, have 14 been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. 502.21 Marijuana related occupancies. Add the following section: 502.21 Marijuana related occupancies. Occupancies involved in the sale, transfer, packaging, processing, cultivation, production, extraction or destruction of plants and their parts, devices designed for the use of marijuana and marijuana products, products containing marijuana and hash oil, hash oil or other marijuana related operations and activities shall provide an approved source capture system capable of removing particulate and odors as required to achieve levels that do not constitute as nuisance to adjacent occupants, structures and properties. Section 4. Section 5-79 of the Code, concerning the International Plumbing Code, is hereby repealed and reenacted to read in its entirety as follows: Sec. 5-79. Plumbing Code. (a) Adoption. The International Plumbing Code, 2018 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the plumbing code of the City of Wheat Ridge. One (1) copy of said International Plumbing Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. The 2018 International Plumbing Code shall be known as the "I.P.C." or the "plumbing code" and may be cited and referred to as such. (b) Amendments. The International Plumbing Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2018 International Plumbing Code. 101.1 Title. Amend to read in its entirety: 101.1 Title. These regulations shall be known as the Plumbing Code of the City of Wheat Ridge hereinafter referred to as "this code." 106.3.1 Construction documents. Amend to read in its entirety: 106.3.1 Construction documents. The registered design professional shall submit to the code official two complete sets of signed and sealed construction documents for the alternative engineered design. The construction documents shall include floor plans and a riser diagram of the work. Where appropriate, the construction documents shall indicate the direction of flow, all pipe sizes, grade of horizontal piping, loading, and location of fixtures and appliances. Exception: The code official shall have the authority to waive the submission of construction documents, calculations or other data if the nature of the work applied for is such that submission of construction documents is not necessary to determine compliance with this code. 106.5.3 Expiration. Amend to read in its entirety: 15 106.5.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 106.6.2 Fee Schedule. Amend to read in its entirety: 106.6.2 Fee Schedule. The fees for all plumbing work shall be established as set forth in Table 1-A. 106.6.3 Fee refunds. Amend to read in its entirety: 106.6.3 Fee refunds. The code official shall authorize the refunding of fees as follows: 1. The full amount any fee paid hereunder that was erroneously paid or collected. 2. Not more than 100 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled after initiation of any plan review effort. Note: The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 108.4 Violation penalties. Amend to read in its entirety: 108.4 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair plumbing work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 108.5 Stop work orders. Amend to read in its entirety: 108.5 Stop work orders. Upon notice from the code official, work on any plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe 16 condition, shall be liable to a fine of not less than 60 dollars or not more than 1,000 dollars. 109 Means of Appeal. Amend to read in its entirety: 109 Means of Appeal. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on claim the true intent of this code or the rules legally adopted thereunder, including fines, have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. 403.1 Minimum number of fixtures. Delete the text of this section, while maintaining Table 403.1, and insert: 403.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number shown in Tables 403.1 and 403.1.1. Types of occupancies not shown in Tables 403.1 and 403.1.1 shall be considered individually by the code official. The number of occupants shall be determined by the International Building Code. Occupancy classification shall be determined in accordance with the International Building Code. Table 403.1.1 shall be as follows: Table 403.1.1 Occupancy Description Separate Sex Facilities Required When Occupant Load Exceeds A-1 Theaters and other buildings for the performing arts and motion pictures 65 A-2 Nightclubs, bars, taverns, dance halls and buildings for similar purposes 40 Restaurants, banquet halls and food courts 75 A-3 Auditoriums without permanent seating, art galleries, exhibition halls, museums, lecture halls, libraries, arcades and gymnasiums 65 Passenger terminals and transportation facilities 250 Places of worship and other religious services 75 A-4 Coliseums, arenas, skating rinks, pools and tennis courts for indoor sporting events and activities 40 17 A-5 Stadiums, amusement parks, bleachers and grandstands for outdoor sporting events and activities 40 B Buildings for the transaction of business, professional services, other services involving merchandise, office buildings, banks, light industrial and similar uses 25 E Educational facilities 50 F1 & F2 Structures in which occupants are engaged in work fabricating, assembly or processing of products or materials 100 I-1 Residential care 10 I-2 Hospitals, ambulatory nursing home patients N/A Employees, other than residential care 25 Visitors, other than residential care 75 I-3 Prisons N/A I-3 Reformatories, detention centers, and correctional centers 15 I-4 Adult day care and child care 15 M Retail stores, service stations, shops, salesrooms, markets and shopping centers 125 R-1 Hotels, motels, boarding houses (transient) N/A R-2 Dormitories, fraternities, sororities and boarding houses (not transient) 10 R-2 Apartment house N/A R-3 One- and two-family dwellings N/A R-4 Residential care/assisted living facilities 10 S-1 S-2 Structures for the storage of goods, warehouses, storehouse and freight depots. Low and moderate hazard 100 18 305.4.1 Sewer Depth. Amend to read in its entirety. 305.4.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall not be less than 12 inches below finished grade at the point of septic tank connection. Building sewers shall not be less than 12 inches below grade. 903.1 Roof Extensions. Amend to read in its entirety: 903.1 Roof Extension. All open pipes that extend through a roof shall be terminated at least twelve inches above the roof, except that where a roof is to be used for any occupiable purpose, the vent extensions shall be run at least 7 feet (2,134 mm) above the roof. Section 5. Section 5-80 of the Code, concerning the Uniform Code for the Abatement of Dangerous Buildings, is hereby repealed and reenacted to read in its entirety as follows: Sec. 5-80. Uniform Code for the Abatement of Dangerous Buildings. (a) Adopted. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, copyright 1997, by the International Conference of Building Officials, 5360 Workman Mill Road, Whittier, California, 90601-2298, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the code of the City of Wheat Ridge for the abatement of dangerous buildings. One copy of said Uniform Code for the Abatement of Dangerous Buildings shall be filed in the office of the city clerk and may be inspected during regular business hours. Such code is hereby adopted in full. (b) Amendments. None Section 6. Section 5-82 of the Code, concerning the International Property Maintenance Code, is hereby is repealed and reenacted to read in its entirety as follows: Sec. 5-82. Property Maintenance Code. (a) Adoption. The International Property Maintenance Code, 2018 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the property maintenance code of the City of Wheat Ridge. One (1) copy of said International Property Maintenance Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. The 2018 International Property Maintenance Code shall be known as the "I.P.M.C." or the "property maintenance code" and may be cited and referred to as such. (b) Amendments. The International Property Maintenance Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2018 International Property Maintenance Code. 101.1 Title. Amend to read in its entirety: 101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Wheat Ridge, hereinafter referred to as "this code." 19 111 Means of Appeal. Amend to read in its entirety: 111 Means of Appeal. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder, and fines, have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. 112.4 Failure to comply. Amend to read in its entirety: 112.4 Failure to comply. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1,000 dollars. 302.4 Weeds. Amend to read in its entirety: 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches in height. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however this term shall not include cultivated flowers and gardens. 303.2 Enclosures. Amend to read in its entirety: 303.2. Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches in depth shall be completely surrounded by a fence or barrier at least 60 inches in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches from the gate post. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section. 304.14 Insect screens. Amend to read in its entirety: 304.14 Insect screens. Insect screens shall be provided on 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 included in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch, and every screen door used for insect control 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. 20 602.3 Heat supply. Amend to read in its entirety: 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 68 degrees in all habitable rooms, bathrooms and toilet rooms. Section 7. Section 5-84 of the Code, concerning the International Energy Conservation Code, is hereby repealed and reenacted to read in its entirety as follows: Sec. 5-84. Energy Conservation Code. (a) Adoption. The International Energy Conservation Code, 2018 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the energy conservation code of the City of Wheat Ridge. One (1) copy of said International Energy Conservation Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. The only Appendices hereby adopted by reference are Appendices CA and RA. The 2018 International Energy Conservation Code shall be known as the "I.E.C.C." or the "energy code" and may be cited and referred to as such. (b) Amendments. The International Energy Conservation Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2018 International Energy Conservation Code. C101.1 Title. Amend to read in its entirety: C101.1 Title. These regulations shall be known as the Energy Conservation Code of the City of Wheat Ridge, and shall be cited as such. It is referred to herein as "this code." C103.1 General. Amend to read in its entirety: C103.1 General. Construction documents, statement of special inspections and other data shall be submitted in two (2) sets with each application for permit. The Building Official may allow additional sets to be submitted to allow for concurrent review to decrease the review time for applicants who wish to submit the additional documents. The code official is authorized to require necessary construction documents to be prepared by a registered design professional. Exception: The code official is authorized to waive the requirements for construction documents or other supporting data if the code official determines they are not necessary to confirm compliance with this code. C108 Stop work orders. Amend to read in its entirety: C108 Stop work orders. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a 21 written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be deemed to be in violation of this code. C109 Board of Appeals. Amend to read in its entirety: C109. Board of Appeals. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder, including fines, have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. C110 Violation penalties. Add the following section: C110 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. R101.1 Title. Amend to read in its entirety: R101.1 Title. These regulations shall be known as the Energy Conservation Code of the City of Wheat Ridge, and shall be cited as such. It is referred to herein as "this code." R103.1 General. Amend to read in its entirety: R103.1 General. Construction documents, statement of special inspections and other data shall be submitted in two (2) sets with each application for permit. The Building Official may allow additional sets to be submitted to allow for concurrent review to decrease the review time for applicants who wish to submit the additional documents. The code official is authorized to require necessary construction documents to be prepared by a registered design professional. Exception: The code official is authorized to waive the requirements for construction documents or other supporting data if the code official determines they are not necessary to confirm compliance with this code. R108 Stop work orders. Amend to read in its entirety: R108 Stop work orders. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the 22 work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be deemed to be in violation of this code. R109 Board of Appeals. Amend to read in its entirety: R109. Board of Appeals. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder, including fines, have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. R110 Violation penalties. Add the following section: R110 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Appendix CA: Solar-ready zone commercial. Amend appendix in its entirety. The following section CA103.7 is only adopted. CA103.7 Electrical service reserved space. The main electrical service panel shall have a reserved space to allow installation of a dual pole circuit breaker for future solar electric installation and shall be labeled “For Future Solar Electric.” The reserved space shall be positioned at the end of the panel that is opposite from the supply conductor connection. Appendix RA: Solar-ready provisions – detached one- and two-family dwellings and townhouses. Amend appendix in its entirety The following section RA103.7 is only adopted. RA103.7 Electrical service reserved space. The main electrical service panel shall have a reserved space to allow installation of a dual pole circuit breaker for future solar electric installation and shall be labeled “For Future Solar Electric.” The reserved space shall be positioned at the opposite (load) end from the input feeder location or the main circuit breaker. Section 8. Section 5-85 of the Code, concerning the International Residential Code, is hereby repealed and reenacted to read in its entirety as follows: Sec. 5-85. Residential Code. 23 (a) Adoption. The International Residential Code, 2018 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the one- and two-family dwelling code of the City of Wheat Ridge. One (1) copy of said International Residential Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. The only Appendices hereby adopted by reference are Appendices A, B, C, D, F, H, H, J, and Q. The 2018 International Residential Code shall be known as the "I.R.C." or the "residential code" and may be cited and referred to as such. (b) Amendments. The International Residential Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2018 International Residential Code. R101.1 Title. Amend to read in its entirety: R101.1 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 herein as "this code." R101.1 Title. Amend to read in its entirety: R101.2 Scope. Amend to read in its entirety: R101.2 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 townhouses not more than three stories above grade plane in height with separate means of egress and their accessory structures. R105.2 Work exempt from permit. Amend to read in its entirety: R105.2 Work exempt from permit. Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet. 2. Fences not over 6 feet high. 3. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. 4. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons and the ration of height to diameter or width does not exceed 2 to 1. 5. Sidewalks and driveways. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work that is not part of the scope of a larger permittable project. 7. Prefabricated swimming pools that are less than 24 inches deep. 8. Swings and other portable playground equipment. 24 9. Window awnings supported by an exterior wall which do not project more than 54 inches from the exterior wall and do not require additional support. 10. Decks not exceeding 120 square feet in area, that are not more than 30 inches above grade at any point, are not attached to a dwelling unit and do not serve the exit door required by Section R311.4. 11. Hoop houses as defined in Section 3102.2 of the International Building Code that do not exceed 400 square feet in floor area, that are not occupied by the general public, and that do not contain mechanical or electrical devices, equipment or systems. 12. Residential lawn sprinkler systems. Electrical: 1. Listed cord-and-plug connected temporary decorative lighting. 2. Reinstallation of attachment plug receptacles but not the outlets therefor. 3. Replacement of branch circuit overcurrent devices of the required capacity in the same location. 4. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. 5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Gas: 1. Portable heating, cooking or clothes drying appliances. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 3. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Mechanical: 1. Portable heating appliances. 2. Portable ventilation appliances. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746W) or less. 8. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Plumbing: The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it 25 becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. R105.5 Expiration. Amend to read in its entirety: R105.5 Expiration. Every permit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. R106.1 Submittal documents. Amend to read in its entirety: R106.1 Submittal documents. Construction documents, statement of special inspections and other data shall be submitted in two (2) sets with each application for permit. The Building Official may allow additional sets to be submitted to allow for concurrent review to decrease the review time for applicants who wish to submit the additional documents. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this code. R108.2 Schedule of permit fees. Amend to read in its entirety: R108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. The permit fee shall be established as set forth in Table 1-A. R108.3 Building permit valuations. Amend to read in its entirety: R108.3 Building permit valuations. The applicant for a permit shall provide an estimated project valuation at the time of application. Permit valuations shall include the total value of all work, including foundation work, structural and non-structural building components, electrical, gas, plumbing, mechanical and interior finish materials. Project valuation shall be calculated by the Building Division based on the most current data published by ICC Building Valuation Data Sheet and the higher of the applicant stated valuation and the building division calculated valuation shall be used to determine building permit fees. Final building permit valuation shall be set by the building official. R108.5 Refunds. Amend to read in its entirety: 26 R108.5 Refunds. The code official shall authorize the refunding of fees as follows: 1. The full amount any fee paid hereunder that was erroneously paid or collected. 2. Not more than 100 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled after initiation of any plan review effort. Note: The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. R112 Board of Appeals. Amend to read in its entirety: R112 Board of Appeals. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder, including fines, have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. R113.4 Violation penalties. Amend to read in its entirety: R113.4 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair residential work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. R114.2 Unlawful continuance. Amend to read in its entirety: R114.2 Unlawful continuance. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1,000 dollars and shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Table R301.2(1): Climatic and Geographic Design Criteria. Table R301.2(1) shall apply as referenced in this code and is hereby completed as follows: 27 TABLE R301.2(1) - CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA R313 Automatic fire sprinkler systems. Delete entire section. R401.2 Requirements. Amend to read in its entirety: R401.2 Requirements. Foundation construction shall be capable of accommodating all loads according to Section R301 and of transmitting the resulting loads to the supporting soil. Fill soils that support footings and foundations shall be designed, installed and tested in accordance with accepted engineering practice. Gravel fill used as footings for wood and precast concrete foundations shall comply with Section R403. With the exception of prescriptive monolithic slabs less than 1000 square feet in size for garages or similar non-habitable occupancies, foundation systems shall be designed, inspected and approved by a State of Colorado registered Structural Engineer and verified by the Building Division. R602.5 Interior nonbearing walls. Amend to read in its entirety: Ground and Roof Snow Load Wind Design* Seismic Design Category Subject To Damage From Winter Design Temp Ice Barrier Underlayment Required Flood Hazards Air Freezing Index Mean Annual Temp Speed (mph) Topo- graphic Effects Weather- ing Frost line depth Termite 30 psf 135 mph** Vult Exp. C Yes “B” Severe 36” Slight 1˚ F Yes 1979 Firm 1500 45 F Manual J Design Criteria Elevation Latitude Winter Heating 99% Dry Bulb Summer Cooling 1% Dry Bulb Altitude Correction Factor Indoor Design Temperature Design Temperature Cooling Heating Temperature Difference 5459 ft. 39° North -7 95 Varies 72° 75° 79° Cooling Temperature Difference Wind Velocity Heating Wind Velocity Cooling Coincident Wet Bulb Daily Range Winter Humidity Summer Humidity -- 20° 15 mph 7.5 mph 59 High (H) 50% 50% -- ** Approximately Equivalent to 105 mph Vasd (three second gust) Exposure C (see Table R301.2.1.3 for conversion) 28 R602.5 Interior nonbearing walls. Interior nonbearing walls shall be permitted to be constructed with 2-inch-by-3-inch (51 mm by 76 mm) studs spaced 24 inches on center. Interior nonbearing walls shall be capped with at least a single top plate. Interior nonbearing walls shall be fire blocked in accordance with Section R602.8. R602.7.3 Nonbearing walls. Amend to read in its entirety: R602.7.4 Nonbearing walls. In interior and exterior nonbearing walls, a header constructed of two (2) 2-inch-by-4-inch members placed on edge shall be required over all openings spanning less than eight (8) feet. R703.6.1 Lath. Amend to read in its entirety: R703.7.1 Lath. All lath and lath attachments shall be of corrosion-resistant materials. Expanded metal or woven wire lath shall be attached with 1½-inch long, 11 gage nails having a 7/16 -inch head, or 7/8 -inch-long, 16 gage staples, spaced at no more than 6 inches, or as otherwise approved. Whenever the wall sheathing is of code approved material capable of receiving and sustaining fasteners, lath fasteners shall be spaced at no more than 6 inches on center both horizontally and vertically, or as otherwise approved. R807.1 Attic Access. Amend to read in its entirety: R807.1 Attic Access. Buildings with combustible ceiling or roof construction shall have an attic access opening to attic areas that exceed 30 square feet and have a vertical height of 30 inches or more. The rough-framed opening shall not be less than 22 inches by 30 inches and shall be located in a hallway or other readily accessible location. A 30-inch minimum unobstructed headroom in the attic space shall be provided at all points directly above the access opening. The finish opening dimensions of attic accesses shall be a minimum of 20 inches by 30 inches. See Section M1305.1.3 for access requirements where mechanical equipment is located in attics. R905.2.6 Attachment. Amend to read in its entirety: R905.2.6 Attachment. Asphalt shingles shall be attached with a minimum of 6 nails per shingle or as specified by the manufacturer, whichever is more restrictive. Where the roof slope exceeds 20 units vertical in 12 units horizontal (167 percent slope) special methods of fastening are required. Special fastening methods shall be tested in accordance with ASTM D 3161, Class F. Asphalt shingle wrappers shall bear a label indicating compliance with ASTM D 3161, Class F. 905.2.7.1 Ice barrier. Amend to read in its entirety: 905.2.7.1 Ice barrier. An ice barrier complying with ASTM D1970 shall be required in lieu of normal underlayment at roof eaves and shall extend from the eave edge to a point at least 24 inches inside the exterior wall line of the building. Exception: Detached structures and attached garages that contain no conditioned floor area. R905.2.8.5 Other Flashing. Amend to read in its entirety: 29 R905.2.8.4 Other Flashing. Flashing against a vertical front wall, as well as soil stack, vent pipe and chimney flashing, shall be applied according to the asphalt shingle manufacturer's printed instructions. A minimum 2-inch by 2-inch galvanized flashing shall be required at eaves of all roofs. Flashing shall be installed to as recommended by manufacturer or as necessary to seal gaps between roof sheathing and roof gutters. M1305.1.4 Appliances under floors. Amend to read in its entirety: M1305.1.3 Appliances under floors. Underfloor spaces containing appliances requiring access shall have an unobstructed passageway large enough to remove the largest appliance, but not less than 30 inches high and 22 inches wide, no more than 20 feet long when measured along the centerline of the passageway from the opening to the appliance. A level service space at least 30 inches deep and 30 inches wide shall be present at the front or service side of the appliance. If the depth of the passageway or the service space exceeds 12 inches below the adjoining grade, the walls of the passageway shall be lined with concrete or masonry extending 4 inches above the adjoining grade in accordance with Chapter 4. The rough-framed access opening dimensions shall be a minimum of 22 inches by 30 inches where the dimensions are large enough to remove the largest appliance. The finish opening dimensions of under floor accesses shall be a minimum of 20 inches by 30 inches. G2417.4 Test pressure measurement. Amend in its entirety: G2417.4 Test pressure measurement. Test pressure shall be measured with a manometer or with a pressure-measuring device designed and calibrated to read, record, or indicate a pressure loss caused by leakage during the pressure test period. Mechanical gauges used to measure test pressure shall have a maximum range of 30 psig and shall display measurements in 1 psig increments. G2417.4.1 Test Pressure. Amend to read in its entirety: 406.4.1 Test Pressure. The test pressure to be used shall be no less than 1½ times the working proposed maximum working pressure, but not less than 20 psig, irrespective of design. Where the test pressure exceeds 125 psig, the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the pipe. G2417.4.2 Test duration. Amend to read in its entirety: 406.4.2 Test duration. Test duration shall not be less than 15 minutes. The maximum test duration shall not be required to exceed 24 hours. P2603.5.1 Sewer Depth. Amend to read in its entirety. P2603.5.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall not be less than 12 inches below finished grade at the point of septic tank connection. Building sewers shall not be less than 12 inches below grade. P2904 Dwelling Unit Fire Sprinkler Systems. Delete section in its entirety P3103.1.1 Roof extension. Amend to read in its entirety: 30 P3103.1.1 Roof extension. All open pipes that extend through a roof shall be terminated at least twelve (12) inches above the roof, except that where a roof is to be used for any occupiable purpose, the vent extensions shall be run at least 7 feet (2134 mm) above the roof. Appendix T: Solar-Ready Provisions – Detached One-and Two Family Dwellings and Townhouses. Amend appendix in its entirety. The following section T103.9 (RA103.7) is only adopted. T103.9 (RA103.7) Electrical service reserved space. The main electrical service panel shall have a reserved space to allow installation of a dual pole circuit breaker for future solar electric installation and shall be labeled “For Future Solar Electric.” The reserved space shall be positioned at the opposite (load) end from the input feeder location or the main circuit breaker. Section 9. Section 5-86 of the Code, concerning the International Fire Code, is hereby repealed and reenacted to read in its entirety as follows: Sec. 5-86. Fire Code. (a) Adoption. The International Fire Code, 2018 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the fire code of the City of Wheat Ridge. One copy of said International Fire Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. Only the following Appendices are hereby adopted by reference: Appendices B, C, D, F, H, I, K, L and M. The 2018 International Fire Code shall be known as the “I.F.C.” or the “fire code” and may be cited and referred to as such. (b) Amendments. The International Fire Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2018 International Fire Code. 103.4.1 Legal Defense. Amend to read in its entirety: 103.4.1 Legal Defense. Any suit instituted against any officer or employee of any fire protection district or 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 district or City by which he or she is employed by the legal representative of the fire protection district 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 in pursuance of the provisions of this code; and any officer or employee of the department of fire prevention or the City, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or reason of any acts or omission in the performance of official duties in connection therewith. 105.6.51 Assisted Living Facilities is added as follows: 31 105.6.51 Assisted living facilities. An operational permit is required to operate an assisted living facility. 105.6.52 Door Side Trash Collection is added as follows: 105.6.52 Door Side Trash Collection. An operational permit is required to operate door side trach collection in R-2 occupancies. 105.6.53 Sheltering in A and E Occupancies is added as follows: 105.6.53 Sheltering in A and E occupancies. An operational permit is required to operate sheltering in A and E occupancies for one night or more. 108 Board of Appeals is amended as follows: 108.1 Board of appeals established. Appeals of decisions and determinations made by the Building Official or the fire code official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. 108.2 Limitations on authority. Is unchanged and adopted as written. 108.3 Qualifications. Is deleted in its entirety. 109.4 Violation penalties. Amend to read in its entirety: 109.4 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The denial, suspension, revocation, or restriction of any permit or other privilege conferred by this code shall not be regarded as a penalty for purposes of this chapter. 111.1 Order is amended as follows: 111.1 Order. Whenever the building code official or 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 building code official or fire code official, with the concurrence of the other code official, is authorized to issue a stop work order. 111.4 Failure to comply is amended as follows: 32 111.4 Failure to comply. Upon notice from the fire code official, work that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner’s agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the fire code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1000 dollars. Chapter 2 is amended as follow: Occupancy Classification, Assembly Group A: Amend: Accessory with places of religious worship to read as follows: 1. Accessory religious educational rooms and religious auditoriums with occupant loads of less than 100 per room or space are not considered separate occupancies. 2. Rooms and spaces within places of religious worship providing overnight homeless sheltering for fewer than 50 occupants, for less than 16 continuous hours, shall be classified as part of the primary occupancy notwithstanding any other provisions of this code which would disallow overnight occupancy in such rooms or spaces, and provided the aggregate area used for sleeping is less than 10,000 square feet and has all of the following: a) exiting and emergency lighting b) operational smoke alarms and carbon monoxide alarms in all sleeping areas c) a minimum of one awake attendant d) an emergency plan. An operational permit and an approved emergency plan for such use may be required on an annual basis through the governing Fire Code Official subject to review of compliance with these provisions. Amend: Institutional Group I-1 to read as follows: Institutional Group I-1 occupancy shall include buildings, structures or portions thereof for more than 16 persons, excluding staff, who reside on a 24-hour basis in a supervised environment and receive custodial care. Buildings of Group I-1 shall be classified as a Condition 2 unless approved by the building and fire code official as a Condition 1. This group shall include, but not be limited to the following: Amend Residential Group R-4 to read as follows: Residential Group R-4 shall include buildings, structures or portions thereof for more than five but not more than 16 persons, excluding staff, who reside on a 24-hour basis in a supervised residential environment and received custodial care. Buildings of Group R-4 shall be classified as a Condition 2 unless approved by the building and fire code official as a Condition 1. This group shall include, but not be limited to the following: 315 General Storage is amended by adding the following subsection: 33 315.3.5 Marking maximum permitted storage height. Identification of the maximum approved storage height shall be provided in areas where stacked or shelved storage of materials occurs. The maximum approved height will be based upon the requirements of Chapter 32. Maximum storage height identification shall consist of a minimum of a four (4) inch (101.6 mm) stripe on a contrasting background shall be placed at the maximum storage height as determined by Chapter 32 above the finished floor and clearly labeled with the designation: “No Storage Above This Line.” 503.2 Specifications is amended to read as follows: 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.8, and Appendix D. 503.2.1 Dimensions is amended to read as follows: 503.2.1 Dimensions-Public and Private Streets. Public and private streets that are used for fire apparatus access shall have an unobstructed width that meets the dimensions and parking restrictions as set forth by the Street Standards adopted by the City of Wheat Ridge; and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches (4115 mm). 503.2.1 Dimensions is amended by adding the following subsection: 503.2.1.1 Dimensions-Private Drives. Fire apparatus access that is designated as a private drive shall have an unobstructed width of not less than twenty-four (24) feet (7315 mm) and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches (4115 mm). 503.2.3 Surface is amended to read as follows: 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be paved so as to provide all-weather driving capabilities. 503.2.4 Turning Radius shall be amended to read as follows: 503.2.4 Turning Radius. The required turning radius of a fire apparatus access road shall be an inside radius of 27 feet and an outside radius of 50 feet or as determined by the fire code official. Computer modeling may be required to establish that each fire district’s apparatus can adequately maneuver the proposed access roads. 503.2.8 Angles of approach and departure shall be amended to read as follows: 503.2.8 Angles of approach and departure. The angles of approach and departure for fire apparatus access roads shall be no greater than 10% or within the limits established by the fire code official based on the fire district’s apparatus. 34 507.5.1.1 Hydrant for automatic sprinkler systems and standpipe systems is amended to read as follows: Section 507.5.1.1 Hydrant for automatic sprinkler systems and standpipe systems. Buildings equipped with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2 and/or standpipe system installed in accordance with Section 905 shall have a fire hydrant a minimum of 50 feet and a maximum of 100 feet of the fire department connection. Exception: The distance shall be permitted to exceed 100 feet where approved by the fire code official. 510.4.1.1 Minimum signal strength into the building shall be amended to read as follows: Section 510.4.1.1 Minimum signal strength into the building. The minimum inbound signal strength into the building shall be -85dBm to provide usable voice communications throughout the coverage area. The inbound signal level shall be sufficient to provide not less than a Delivered Audio Quality (DAQ) of 3.0 or an equivalent Signal-to-Interference-Plus-Noise Ratio (SINR) applicable to the technology for either analog or digital signals. 510.4.1.2 Minimum signal strength out of the building shall be amended to read as follows: 510.4.1.2 Minimum signal strength out of the building. The minimum outbound signal strength out of the building shall be -90 dBm to provide usable voice communications throughout the coverage area to the fire district’s radio system when transmitted from within the building. The outbound signal level shall be sufficient to provide not less than a DAQ of 3.0 or an equivalent SINR applicable to the technology for either analog or digital signals. 510.4.1.3 System performance shall be amended to read as follows: 510.4.1.3 System performance. If the field signal strength outside the building where received antenna system for the in-building system is located is less than the -85dBm, then the minimum required in-building field of strength shall equal the field of strength being delivered to the receiving antenna of the building. 901.4.6 Pump and riser room size shall be amended to read as follows: 901.4.6 Pump and riser room size. Where provided, fire pump rooms and automatic sprinkler system riser rooms shall be designed with adequate space for all equipment necessary for the installation, as defined by the manufacturer, with sufficient working space around the stationary equipment. Clearances around equipment to elements of permanent construction, including other installed equipment and appliances, shall be sufficient to allow inspection, service, repair or replacement without removing such elements of permanent construction or disabling the function of a required fire- resistance-rated assembly. Fire pump and automatic sprinkler system riser rooms shall be provided with does and unobstructed passageways large enough to allow removal of 35 the largest piece of equipment. The room shall provide a minimum of 36 square feet working space around a fire pump or automatic sprinkler system riser. 901.6 Inspection, testing and maintenance shall be amended to read as follows: 901.6 Inspection, testing and maintenance. Fire detection and alarm systems, emergency alarm systems, gas detection systems, fire-extinguishing systems, mechanical smoke exhaust systems and smoke and heat vents shall be maintained in an operative condition at all times and shall be replaced or repaired where defective. Non-required fire protection systems and equipment shall be inspected, tested and maintained or removed. The removal of any non-required fire protection system or equipment shall be approved by the fire district. 903.1 General is amended by adding the following subsection: 903.1.2 Location of sprinkler control valves. When automatic sprinkler systems are required within a building and the system serves more than one tenant space, the main control valves shall be located within an approved room that is accessible directly from the building exterior. The door to said room shall be not less than three (3) feet (914 mm) in width by six (6) feet eight (8) inches (203.2 mm) in height. The door to said room shall be identified as required in section 509.1. The size of the room shall meet the size requirements per Section 901.4.6. 903.1.2 Multi-tenant buildings. In buildings that have warehouse space(s) that have the ability to allow high-piled combustible storage per Chapter 32 shall have a fire line installed with a main that runs the length of the building for future addition of fire sprinkler systems. 903.4.2 Alarms shall be amended to read as follows: 903.4.2 Alarms. An approved audible/visual appliance, located on the exterior of the building in an approved location, shall be connected to each automatic sprinkler system. Such sprinkler water-flow alarm appliances shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. 903.4.2 Alarms is amended by adding the following subsection: 903.4.2.1 Audible and visual signals. Audible and visual fire alarm notification devices shall be connected to every automatic sprinkler system. Such audible and visual devices shall be activated throughout the building upon water flow. When buildings have multiple tenant spaces, notification devices shall be installed in accordance with Section 907.5 in each tenant space. 904 Alternative Automatic Fire-Extinguishing Systems is amended by adding the following subsection: 36 904.13 Domestic cooking systems. Cooktops and ranges installed in the following occupancies shall be protected in accordance with Section 904.13.1. 1. Unchanged 2. Unchanged 3. Unchanged 4. In Group R-4 occupancies where domestic cooking facilities are installed in accordance with Section 407.2.6 of the International Building Code. 906.1 Where required shall be amended to read as follows: 906.1 Where required. Portable fire extinguishers shall be installed in all of the following locations: 1. In new and existing Group A, B, E, F, H, I, M, R-1, R-2, R-4 and S occupancies. Exceptions: 1-6. Unchanged 7. In Group A, and B occupancies equipped throughout with an approved automatic fire sprinkler system with quick response sprinklers, portable fire extinguishers shall be required only in locations specified in Items 2 through 6. 907.6 Installation and monitoring is amended by adding the following subsection: 907.11 Security systems. Fire alarm panels and security alarm panels shall be separate and not combined. 912.3.1 Locking fire department connection caps is amended to read as follows: 912.3.1 Locking fire department connection caps. Approved locking fire department connection caps shall be installed on fire department connections on all new water-based fire protection systems. Installation of approved locking fire department connection caps shall be required on existing water-based fire protection systems where there is a history of missing caps or interior obstructions of the fire department connection. 3310.1 Required access shall be amended to read as follows and subsection added: 3310.1 Required access. Approved fire apparatus access for firefighting and emergency medical services is required to all construction or demolition sites. Access shall be provided to within 150 feet of all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building. When approved by the fire code official, temporary fire apparatus access can be installed during construction of sites not consisting of one- and two-family dwellings and where practical difficulty exists with providing permanent access during construction. Permanent fire apparatus access shall be provided prior to occupancy. Approved temporary access shall be installed as set forth in Section 3310.1.1 through 3310.1.3. 3310.1.1 Installation timing. The required access shall be installed prior to above ground construction and/or the storage of combustible materials on-site, all access and 37 water supplies for fire fighting vehicles shall be provided to construction or demolition sites as shown on the approved site plan in their entirety. Section 3310.1.2 Dimensions. Fire apparatus access roads shall have an unobstructed width of note less than 24 feet and vertical clearance of not less than 13 feet 6 inches. 3310.1.3 Surface. Fire apparatus access roads shall have an all-weather surface consisting of the first lift of asphalt, concrete, or Class 6 road base. The surface shall be capable of supporting an 85,000-pound imposed load. Documentation from a licensed geotechnical engineer attesting that the surface will support the required imposed load and all-weather capability shall be provided. 5307.1 General shall be amended to read as follows: 5307.1 General. Compressed gases in storage or use not regulated by the material-specific provisions of Chapters 6, 54, 55 and 60 through 67, including asphyxiant, irritant and radioactive gasses, shall comply with this section in addition to other requirements of this chapter. The provisions of this chapter shall apply to new or existing systems. 5307.3 Insulated liquid carbon dioxide systems used in beverage dispensing applications this section shall be amended to read as follows: 5307.3 Liquid carbon dioxide systems used in beverage dispensing applications. 6109.13 Protection of containers shall delete the exception from this section. 5704.2.9.6.1 Locations where above-ground tanks are prohibited is amended to read as follows: 5704.2.9.6.1 Locations where above-ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks shall conform to the geographic limits established by Sections 26-805 and 26-806 of the Wheat Ridge Municipal Code. 5706.2.4.4 Locations where above-ground tanks are prohibited is amended to read as follows: 5706.2.4.4 Locations where above-ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks shall conform to the geographic limits established by Sections 26-805 and 26-806 of the Wheat Ridge Municipal Code. 5806.2 Limitations is amended to read as follows: 5806.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside of buildings shall conform to the geographic limits established by Sections 26- 805 and 26-806 of the Wheat Ridge Municipal Code. 6104.2 Maximum capacity within established limits is amended to read as follows: 6104.2 Maximum capacity within established limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily 38 populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons within the City of Wheat Ridge. Chapter 80 Referenced standards 8001 Adoption of standards and subsection shall be added as follows: 8001 Adoption of standards. 8001.1 NFPA standards. In every case where this code references a standard published by the National Fire Protection Association (NFPA), the most current edition of the referenced standard is hereby adopted. The most current edition of the references NFPA standard shall become effective on January 1st following publication and release of the standard. Table B105.1(1) shall be amended to reflect the following table: TABLE B105.1(1) REQUIRED FIRE-FLOW FOR ONE-AND TWO-FAMILY DWELLINGS, Group R-3 and R-4 BUILDINGS AND TOWNHOUSES FIRE-FLOW CALCULATION AREA (square feet) AUTOMATIC SPRINKLER SYSTEM (Design Standard) MINIMUM FIRE- FLOW (gallons per minute) FLOW DURATION (hours) 0-3,600 No automatic sprinkler system 1,000 1 3,601 and greater No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1 (2) at the reduced flow rate 0-3,600 Section 903.3.1.3 of the International Fire Code or Section P2904 of the International Residential Code 1,000 ½ 3,601 and greater Section 903.3.1.3 of the International Fire Code or Section P2904 of the International Residential Code ½ value in Table B105.1(2)a 1 For SI: 1 gallon per minute = 3.785 L/min. a. The reduced fire-flow shall not be less than 1,000 gallons per minute. 39 Table B105.2) shall be amended to reflect the following table: TABLE B105.2 REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, Group R-3 and R-4 BUILDINGS AND TOWNHOMES AUTOMATIC SPRINKLER SYSTEM (Design Standard) MINIMUM FIRE-FLOW (gallons per minute) FLOW DURATION (hours) No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1 (2) Section 903.1.1 of the International Fire Code 50% of the value in Table B105.1 (2)a Duration in Table B105.1 (2) at the reduced flow rate Section 903.1.2 of the International Fire Code 50% of the value in Table B105.1 (2)b Duration in Table B105.1 (2) at the reduced flow rate For SI: 1 gallon per minute = 3.785 L/min. b. The reduced fire-flow shall not be less than 1,500 gallons per minute. c. The reduced fire-flow shall not be less than 1,500 gallons per minute. Appendix D Section D102.1Access and loading is amended to read as follows: D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 85,000 pounds (38636 kg). Section 10. Section 5-87 of the Code, concerning the International Fuel Gas Code, is hereby repealed and reenacted to read in its entirety as follows: Sec. 5-87. Fuel Gas Code. (a) Adoption. The International Fuel Gas Code, 2018 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the fuel gas code of the City of Wheat Ridge. One (1) copy of said International Fuel Gas Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. The only Appendices hereby adopted by reference are Appendices A, B, C, and D. The 2018 International Fuel Gas Code shall be known as the "I.F.G.C." or the "fuel gas code" and may be cited and referred to as such. (b) Amendments. The International Fuel Gas Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2018 International Fuel Gas Code. 40 101.1 Title. Amend to read in its entirety: 101.1 Title. These regulations shall be known as the Fuel Gas Code of the City of Wheat Ridge, hereinafter referred to as "this code." 106.5.3 Expiration. Amend to read in its entirety: 106.5.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 106.6.2 Fee schedule. Amend to read in its entirety: 106.6.2 Fee Schedule. The fees for work done pursuant to this code shall be as set forth in Table 1-A. 106.6.3 Refunds. Amend to read in its entirety: 106.6.3 Refunds. The code official shall authorize the refunding of fees as follows: 1. The full amount any fee paid hereunder that was erroneously paid or collected. 2. Not more than 100 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled after initiation of any plan review effort. Note: The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 108.4 Violation penalties. Amend to read in its entirety: 108.4 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 108.5 Stop work orders. Amend to read in its entirety: 108.5 Stop work orders. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall 41 immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1,000 dollars. 109 Means of Appeal. Amend to read in its entirety: 109 Means of Appeal. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder, and fines, have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. 406.4 Test pressure measurement. Amend to read in its entirety: 406.4 Test pressure measurement. Test pressure shall be measured with a manometer or with a pressure-measuring device designed and calibrated to read, record, or indicate a pressure loss caused by leakage during the pressure test period. Mechanical gauges used to measure test pressure shall have a maximum pressure range of 150 psig, except for one- and two-family dwellings, which shall have a maximum range of 30 psig and shall display measurements in 1 psig increments. 406.4.1 Test Pressure. Amend to read in its entirety: 406.4.1 Test Pressure. The test pressure to be used shall be no less than 1½ times the working proposed maximum working pressure, but not less than 20 psig, irrespective of design. Where the test pressure exceeds 125 psig, the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the pipe. 406.4.2 Test duration. Amend to read in its entirety: 406.4.2 Test duration. Test duration shall be not less than one-half hour for each 500 cubic feet of pipe volume or fraction thereof, except for one- and two-family dwellings, which shall a test duration of not less than 15 minutes. The maximum test duration shall not be required to exceed 24 hours. Section 11. Section 5-88 of the Code, concerning health care facilities code, is hereby repealed and reenacted to read in its entirety as follows: Sec. 5-88. Health care facilities code. (a) Adopted. The NFPA 99 Standards for Health Care Facilities 2018 Edition, Copyright by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts, 02269 is hereby adopted by reference thereto and incorporated into 42 this article as though fully set out herein as the health care facilities code for the City of Wheat Ridge. Except as otherwise provided in this article, such code is adopted in full, including the index and annex contained therein. One (1) copy of said Standards for Health Care Facilities 2015 Edition shall be filed in the office of the clerk and may be inspected during regular business hours. (b) Amendments. None. Section 12. A new section 5-89 of the Code, concerning Swimming Pool and Spa Code, is hereby created to read as follows: Sec. 5-89. Swimming Pool and Spa Code. (a) Adoption. The International Swimming Pool and Spa Code, 2018 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the Pool and Spa Code of the City of Wheat Ridge. One (1) copy of said International Pool and Spa Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. The 2018 International Swimming Pool and Spa Code shall be known as the "I.S.P.S.C." or the "Pool and Spa Code" and may be cited and referred to as such. (b) Amendments. The International Pool and Spa Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2018 International Swimming Pool and Code. 101.1 Title. Amend to read in its entirety 101.1 Title. These regulations shall be known as the Swimming Pool and Spa Code of the City of Wheat Ridge, hereinafter referred to as "this code." 105.5.1 Approved construction documents. Amend to read in its entirety: 105.5.1 Approved construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Approved Subject to Field Inspections - Wheat Ridge Building Dept.". One set of construction documents so reviewed shall be retained by the building official. One set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 105.5.3 Expiration. Amend to read in its entirety: 105.5.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 105.6.2 Fee Schedule. Amend to read in its entirety: 105.6.2 Fee Schedule. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, 43 in accordance with the schedule as established by the applicable governing authority. The permit fee shall be established as set forth in Table 1-A. 105.6.3 Fee Refunds. Amend to read in its entirety: 105.6.3 Fee Refunds. The code official shall authorize the refunding of fees as follows: 1. The full amount of any fee paid hereunder that was erroneously paid or collected. 2. Not more than 100 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled after initiation of any plan review effort. a. Note: The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 107.5 Stop work orders. Amend to read in its entirety: 107.5 Stop work orders. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1,000 dollars. 108 Means of Appeals. Amend to read in its entirety: 108 Means of Appeals. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder, including fines, have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. Section 305.2 (1), Item 1. Barrier height clearances. Amend to read in its entirety: 305.2.1, Item 1. Barrier height and clearances. The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool. Such height shall exist around the entire perimeter of the barrier and for a distance of 3 feet measured horizontally from the outside of the required barrier. 44 Section 13. A new section 5-90 of the Code, concerning Existing Building Code, is hereby created to read as follows: Sec. 5-90. Existing Building Code. (a) Adoption. The International Existing Building Code, 2018 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the existing building code of the City of Wheat Ridge. One (1) copy of said International Existing Building Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. The 2018 International Existing Building Code shall be known as the "I.E.B.C." or the "Existing Building Code" and may be cited and referred to as such. (b) Amendments. The International Building Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2018 International Existing Building Code. 101.1 Title. Amend to read in its entirety: 101.1 Title. These regulations shall be known as the Existing Building Code of the City of Wheat Ridge, hereinafter referred to as "this code." 105.1.1 Annual permit. Delete entire section. 105.1.2 Annual permit records. Delete entire section. 105.2 Work exempt from permit. Amend to read in its entirety: 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 1. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route. 2. Painting, papering, carpeting, cabinets and countertops and similar finish work that is not a part of the scope of a larger permittable project. 3. Shade cloth structures under 400 square feet constructed for nursery or agricultural purposes, not including service systems. 4. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support. 5. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height. 45 6. Hoop houses as defined in Section 3102.2 that do not exceed 400 square feet in floor area, that are not occupied by the general public, and that do not contain mechanical or electrical devices, equipment or systems. Electrical: 1. Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. 2.Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmission, but do apply to equipment and wiring for a power supply and the installation of towers and antennas. 3. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing and servicing of electrical equipment or apparatus. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part that does not alter the approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds or less of refrigerant and actuated by motors of 1 horsepower or less. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 3. 105.5 Expiration. Amend to read in its entirety: 105.5 Expiration. Every permit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, 46 for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 106.1 General. Amend to read in its entirety: 106.1 General. Construction documents, statement of special inspections and other data shall be submitted in two (2) sets with each application for permit. The Building Official may allow additional sets to be submitted to allow for concurrent review to decrease the review time for applicants who wish to submit the additional documents. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this code. 106.3.1 Approval of construction documents. Amend to read in its entirety: 106.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Approved Subject to Field Inspections - Wheat Ridge Building Dept.". One set of construction documents so reviewed shall be retained by the building official. One set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 108.2 Schedule of permit fees. Amend to read in its entirety: 108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. The permit fee shall be established as set forth in Table 1-A. 109.3 Building permit valuations. Amend to read in its entirety: 108.3 Building permit valuations. The applicant for a permit shall provide an estimated project valuation at the time of application. Permit valuations shall include the value of all work, including foundation work, structural and non-structural building components, electrical, plumbing, mechanical and interior finish materials. Project valuation shall be calculated by the Building Division based on the most recent building valuation data (BVD) promulgated and published by the International Code Council (ICC), and the higher of the applicant stated valuation and the division calculated valuation shall be used to determine building permit fees. Final building permit valuation shall be set by the building official. 112 Board of Appeals. Amend to read in its entirety: 112 Board of Appeals. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a 47 claim that the true intent of this code or the rules legally adopted thereunder, including fines, have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. 113.4 Violation penalties. Amend to read in its entirety: 113.4 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 114.2 Issuance. Delete entire section. 114.3 Unlawful continuance. Rename and amend in its entirety: 115.3 Issuance and unlawful continuance. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1,000 dollars. Section 14. Penalties. Penalties and remedies for violations of the codes and standards adopted by reference by Sections 1 through 13 of this Ordinance are set forth in Code Sections 5-5 and 5-83, which read, in their respective entireties, as follows: Sec. 5-5. Enforcement and remedies. (a) Civil actions. When an alleged violation of this chapter has not been voluntarily abated within the time specified in the notice issued pursuant to section 2-34: (1) The city may bring a civil action in the municipal court to have the violation declared as such by the court and to have the court enjoin the violation or to authorize its restraint, removal, termination or abatement by the owner, agent, occupant or person who caused the violation or the person who allowed the violation to continue, or by the mayor, the director of community development, director of public works or the chief of police or their designated representatives. 48 (2) The civil action to declare and abate a violation of this chapter shall be brought in the name of the City of Wheat Ridge by filing a complaint, which shall be verified or supported by an affidavit. Summonses and subpoenas shall be issued and served as in civil cases. Any employee or agent of the City of Wheat Ridge who is over the age of eighteen (18) may serve a summons and verified complaint upon the owner, agent, occupant or the person who caused or allowed the violation (hereinafter "respondent"), or a subpoena upon any witness to the violation. Trial shall be to the court. (3) A notice of appearance shall be served with the summons and complaint. The appearance date shall be not less than twenty-one (21) days from the date of service of the summons and complaint. The respondent shall file a response or answer on or before the appearance date specified in the notice of appearance. The trial shall be held upon the appearance date, unless the court grants a continuance for good cause shown. No case shall be continued for more than sixty (60) days after the appearance date. (4) Upon the date and time specified for appearance and trial, if the respondent has filed no response and fails to appear, and if the city proves that proper service was made on respondent at least twenty-one (21) days prior to the appearance date, the court may grant such orders as are requested by the city; except that, the court shall order the enforcement by the city be stayed for ten (10) days and that a copy of the court's order be mailed to the respondent at his last known address. Failure to appear on any date set for hearing and trial shall be grounds for entering a default and default judgment against the nonappearing party. Prior to enforcement, and upon good cause shown, the court may set aside an entry of default and default judgment entered thereon. (5) Any disobedience to or interference with any injunction or order issued by the municipal court in an action to abate a violation of this chapter of the Wheat Ridge Code of Laws may be punished as a contempt of court or by a fine of not more than one thousand dollars ($1,000.00). Each day's failure to comply with an injunction or order to abate shall constitute a separate act of contempt for which an additional penalty may be imposed. (6) In order to facilitate just, speedy, informal and inexpensive determinations of claims, the court shall follow the rules of county court civil procedure, as presently adopted and as amended hereafter from time to time, excepting Rules 302, 313, 338, 339, 347, 348, 350, 351, 351.1, 359(c)(2), 365, 383, 398, 402, 403, 404 and 406 thereof, and shall further utilize and follow the provisions of Rule 65 of the Colorado Rules of Civil Procedure in all cases wherein civil enforcement of the provisions of chapter 5 is sought. In the event of any discrepancy between any of the provisions of chapter 5 and those applicable rules of county court civil 49 procedure, or Rule 65 of the Colorado Rules of Civil Procedure adopted hereby, the provisions of chapter 5 shall prevail and be applied. The right is expressly reserved and delegated to the presiding judge of the Wheat Ridge Municipal Court to adopt rules of procedure for the Wheat Ridge Municipal Court, which rules shall be applicable in any civil enforcement action brought by the city; provided, however, that said rules of procedure adopted and promulgated by the presiding judge of the municipal court shall not conflict with or contradict the authority of the city to pursue civil enforcement for violations of the provisions of this chapter 5. (7) In any case in which the city prevails in a civil action initiated pursuant to this subsection (a), the city may recover its reasonable costs of abating the violation, including reasonable costs of litigation, plus fifteen (15) percent in administrative costs; plus costs may be assessed against the subject property pursuant to paragraphs 16-13-313 and 16-13-314, C.R.S., (as amended). The remedies specified in this subsection (a) shall be in addition to all other remedies provided by law. (b) Cumulative remedies. The remedies set forth herein are cumulative. In the event any building, structure or utility is erected, constructed, reconstructed, altered, repaired, converted, demolished, moved or maintained, or any building, structure or utility is used in violation of this chapter, the city or any proper city official may institute any other appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or occupancy to restrain, correct or abate such violation or to prevent the occupancy of such building, structure or land. The initiation of any action or the imposition of any penalty hereunder shall not preclude the city or any proper person from instituting any other appropriate action or proceeding to require compliance with the provisions of this chapter and with administrative orders and determinations made hereunder. Sec. 5-83. Technical code violation penalties. Except as otherwise provided for in the amendments for a code adopted herein by reference, a person, firm, corporation, partnership or any other entity who violates any of the technical codes contained in this articles, as such violations are defined in each of the respective codes and its amendment(s), may be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment for a period of not exceeding one year, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment for violation of any provision of a technical code contained in this article. Each day that a violation continues shall be deemed a separate offense. The penalties provided in this section are intended to apply exclusively and solely to the technical codes contained in this articled and do not rescind, amend or otherwise affect any other penalty provisions of this chapter. 50 Section 15. Section 5-117 of the Code, concerning Classification of licenses, is hereby amended by the deletion of subsection (a)(13) as follows: Sec. 5-117. - Classification. (a) The various classes of licenses issued under this article and the work authorized to be performed by the holder of the license are as follows: … (13) Lawn sprinkler contractor—Class 13. A lawn sprinkler contractor, class 13, shall be authorized to do the following: Installation of underground lawn sprinkler systems, including backflow prevention devices and tapping the existing water service or main. CRS 12-58-102. Section 16. Section 5-121 of the Code, concerning Fees for licenses, is hereby amended by the deletion of subsection (13) as follows: Sec. 5-121. - Fees. The annual license fees for contractors license under the provisions of this article shall be paid in accordance with the following table: … (13) Lawn sprinkler contractor, Class 13—$75.00 Section 17. 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 18. 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 19. Effective Date. This Ordinance shall take effect on July 1, 2020, with the exception of Appendix F (Radon Control Methods), Appendix T (Solar Ready Provisions) of the 2018 International Residential Code, and section 306.2 (Moderate-hazard factory industrial, Group F-1) of the 2018 International Building Code, which shall take effect fifteen (15) days after final publication, as permitted by Section 5.11 of the Charter. 51 INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 25th day of November, 2019, 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 January 13, 2020 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2020. SIGNED by the Mayor on this _____ day of ____________, 2020. _________________________ Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk Approved as to Form: _________________________ Gerald E. Dahl, City Attorney First Publication: Second Publication: Denver Post Effective Date: ITEM NO: DATE: January 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 01-2020 – AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO AMEND REFERENCES TO THE PUBLIC WORKS AND COMMUNITY DEVELOPMENT DEPARTMENTS, DIVISIONS, DIRECTORS, AND STAFF (CASE NO. ZOA-19-05) PUBLIC HEARING ORDINANCES FOR 1ST READING (01/13/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/27/2020) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________________ Community Development Director City Manager ISSUE: In November 2019, City Council approved an ordinance which effectively modified the City’s organizational chart moving the Engineering Division from the Public Works Department into the Community Development Department. Moving that division transfers certain responsibilities and duties to the Community Development Department, and this ordinance updates affected code sections to reflect the City’s current organizational structure. PRIOR ACTION: On November 25, 2019, City Council approved Ordinance 1677 which modified Chapter 2 and the City’s organizational chart. Planning Commission recommended approval of the proposed ordinance at a public hearing on December 19, 2019. Meeting minutes from the Planning Commission public hearing will be included with the ordinance for second reading. FINANCIAL IMPACT: There are no direct financial impacts to the City. 5 Council Action Form – PW/CD Reorganization January 13, 2020 Page 2 BACKGROUND: The City operated without a Director of Public Works from December 2018 to November 2019. During that time, and while management attempted to recruit a leader to fill the role, duties were shared among others in the organization. That period of time provided City leadership the opportunity to reevaluate how various functions within the Public Works Department were organized. Based on internal discussions and a review of other municipal organizations, the engineering functions were determined to best be managed by the Community Development Director, and this change was finalized with City Council’s approval of Ordinance 1677 on November 25, 2019. This organizational change results in improved internal and external communication, enhanced collaboration, stronger information sharing among staff, and streamlined processes for external partners. The Community Development Department is now comprised of three divisions: Building, Planning, and Engineering. The Engineering Division retains their responsibilities of engineering and design, specifically for development review, roadway design, traffic and drainage engineering, floodplain administration, stormwater management, and management of the Capital Improvement Program. The Public Works Department will retain responsibility for the City’s right-of-way construction, operations, inspection, and maintenance. Proposed Code Amendment Staff has reviewed all code references to the Public Works and Community Development departments, divisions, directors and staff. The enclosed ordinance proposes amendments to various chapters to ensure that responsibilities in the code up are updated to correspond with the recently updated organizational chart. Affected chapters include the following: • Chapter 2 – regarding the Board of Adjustment • Chapter 3 – regarding sexually-oriented businesses • Chapter 5 – regarding the building code • Chapter 13 – regarding the traffic code and parking permits • Chapter 20 – regarding stormwater management • Chapter 21 – regarding right-of-way construction permits and street access permits • Chapter 26 – regarding site plan applications, right-of-way vacations, the streetscape design manual, planned development applications, subdivisions, parking and access, landscape and open space, mobile home parks, sight triangles, grading permits, vehicle sales lots, signs, and floodplains While there are numerous changes proposed in the enclosed ordinance, the extent of changes does not suggest significant functional changes to existing processes. The same staff will complete the same tasks. The Community Development Department absorbs some additional responsibilities by virtue of absorbing the Engineering Division into the department. RECOMMENDATIONS: Staff recommends approval of the ordinance. Council Action Form – PW/CD Reorganization January 13, 2020 Page 3 RECOMMENDED MOTION: “I move to approve Council Bill No. 01-2020, an ordinance amending the Wheat Ridge Code of Laws to amend references to the Public Works and Community Development departments, divisions, directors, and staff (Case No. ZOA-19-05) on first reading, order it published, public hearing set for Monday, January 27, 2020 at 7:00 p.m. in City Council Chambers, and that it take effect immediately after final publication.” Or, “I move to postpone indefinitely Council Bill No. 01-2020, an ordinance amending the Wheat Ridge Code of Laws to amend references to the Public Works and Community Development departments, divisions, directors, and staff (Case No. ZOA-19-05) for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 01-2020 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _________ COUNCIL BILL NO. 01 ORDINANCE NO. ____ Series 2020 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO AMEND REFERENCES TO THE PUBLIC WORKS AND COMMUNITY DEVELOPMENT DEPARTMENTS, DIVISIONS, DIRECTORS, AND STAFF WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, the Wheat Ridge Charter §3.5 provides that the Council may, by ordinance, establish, consolidate and/or merge City departments and that each such department shall be under the supervision of a department head appointed by the city manager; and WHEREAS, on November 25, 2019 and pursuant to Ordinance 1677 the Council approved changes to Chapter 2 of the Code of Laws and the City’s organizational chart placing the engineering division and city engineer within the community development department; and WHEREAS, moving the engineering division transfers certain responsibilities and duties to the community development department; and WHEREAS, several code sections require updating to clarify those responsibilities and to correspond appropriately to the changes made by Ordinance 1677; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 2-61(d)(5) of the Wheat Ridge Code of Laws, regarding the Board of Adjustment, is amended to replace all references to “planning director” with “community development director.” Section 2. Sections 3-7 to 3-28 of the Wheat Ridge Code of Laws, regarding licensing of sexually-oriented businesses, is amended to replace all references to “planning director” with “community development director.” Section 3. Section 5-2 of the Wheat Ridge Code of Laws, regarding building code definitions, is amended to read: 2 Department of community development: The city department consisting of the planning division, code enforcement ENGINEERING division and the building inspection division. The department is headed by the director of community development. Department of public works: The city department consisting of the engineering division and street maintenance division RIGHT-OF-WAY CONSTRUCTION, INSPECTION, OPERATIONS, AND MAINTENANCE FUNCTIONS. The department is headed by the director of public works. Section 4. Section 5-35(a) of the Wheat Ridge Code of Laws, regarding building permit applications, is amended to read: (a) […] Building permits will not be issued unless such development plan has received the approvals subject to additional engineering AND/OR ZONING requirements by the department of public works ENGINEERING and/or the planning divisions, RESPECTIVELY. Section 5. Section 5-41(a) of the Wheat Ridge Code of Laws, regarding building permit review fees, is amended to read: (a) All fees related to public works building permit review and processing under this chapter shall be established by council resolution. Building permit fees shall not include cost of land or public improvements associated with purchase of land for construction of the structure. Section 6. Section 5-45 of the Wheat Ridge Code of Laws, regarding required public improvements, is amended to read: (a) Applications for building permits shall be reviewed by the COMMUNITY DEVELOPMENT director of public works to determine whether the proposed construction will require the installation or construction of public improvements including, but not limited to, street paving, curbs, gutters, sidewalks, drainage facilities, or other improvements as may be required by this section or the subdivision regulations. […] (e) Any owner, contractor or developer who is aggrieved by a decision of the COMMUNITY DEVELOPMENT director of public works requiring installation of such public improvements or payment of funds in lieu of construction shall have the right to appeal the director's determination to the board of adjustment pursuant to section 2-61. (f) The COMMUNITY DEVELOPMENT director of public works shall have the authority to close any escrow held by the city under the prior version of this section, for commercial or industrial projects and refund the monies to the original depositor, upon satisfaction of the following conditions: 3 Section 7. Section 13-1(a) of the Wheat Ridge Code of Laws, regarding the City’s adopted traffic manual, is amended to read: (a) Adopted. The city does hereby adopt, by reference, the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways," and other related standards issued or endorsed by the federal highway administrator, except as specifically amended hereby. Copies of such manual shall be available from the department of public works ENGINEERING DIVISION, which shall maintain in its offices no less than three (3) current copies, any of which may be purchased by members of the general public for a price to be established by the department of public works ENGINEERING DIVISION. Section 8. Section 13-61 of the Wheat Ridge Code of Laws, regarding parking permits, is amended to read: The COMMUNITY DEVELOPMENT director of public works is hereby authorized to issue parking permits in accordance with the provisions of this section to allow the on- street parking of motor vehicles by residents of blocks designated by the COMMUNITY DEVELOPMENT director of public works as restricted parking areas. FOR THE PURPOSE OF THIS ARTICLE, THE DIRECTOR SHALL REFER TO THE COMMUNITY DEVELOPMENT DIRECTOR OR HIS OR HER DESIGNEE. Section 9. Sections 13-62 to 13-69 of the Wheat Ridge Code of Laws, regarding parking permits, are amended to replace all references to “public works director” with “director.” Section 10. Section 20-2 of the Wheat Ridge Code of Laws, regarding stormwater quality and control definitions, is amended to read: Director. The City of Wheat Ridge Public Works COMMUNITY DEVELOPMENT Director or designee. Section 11. Section 21-104 of the Wheat Ridge Code of Laws, regarding termination of right-of-way use permits, is amended to read: Any permit issued under this article may be terminated upon ninety (90) days' notice from the city engineer DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE. The city shall not be liable for any costs incurred by the permittee resulting from such termination. Section 12. Section 21-181 of the Wheat Ridge Code of Laws, regarding street access permits, is amended to read: The number, spacing, type and location of vehicular access have a direct and often significant effect on the capacity, speed and safety of public streets. The director of public works COMMUNITY DEVELOPMENT DIRECTOR, IN CONSULTATION WITH THE CITY ENGINEER, is hereby authorized to regulate vehicular access to or from any public street within the city to or from property adjoining such street in order to 4 protect the public health, safety, and welfare, to maintain smooth traffic flow, to maintain right-of-way drainage, and to protect the functional level of public streets. […] Section 13. Sections 21-183, 21-184, 21-185, and 21-186 of the Wheat Ridge Code of Laws, regarding street access permits, is amended to replace all references to the “public works director” or “director of public works” with “community development director.” Section 14. Section 26-111.D of the Wheat Ridge Code of Laws, regarding site plan application requirements, is amended to read: D. Site plan application requirements. All applications shall include at a minimum the following information. Additional information may be requested by the community development department or the public works department PLANNING AND/OR ENGINEERING DIVISIONS at the reapplication conference. Section 15. Section 26-115.E.3 of the Wheat Ridge Code of Laws, regarding board of adjustment interpretations, is amended to read: 3. Administrative decisions taken by the director of public works CITY ENGINEER following final approval by the planning commission or city council, as appropriate, may be appealed to the board, which is empowered to reverse or modify such decisions, in whole or in part, upon a showing by the applicant that the effect of the director's decision would impose a particular and unique hardship upon the owner of the subject property, as distinguished from mere inconvenience, and which hardship has not been created by any person presently having an interest in the subject property. Section 16. Section 26-118.B of the Wheat Ridge Code of Laws, regarding right-of-way vacations, is amended to read: B. Vacation by ordinance. Applications for vacation by ordinance may also be originated by the City of Wheat Ridge or by a private property owner. If a city-initiated vacation, the department of public works ENGINEERING DIVISION shall prepare a legal description of the right-of-way proposed to be vacated attached to an administrative process application signed by the mayor of the City of Wheat Ridge or his or her representative. […] Section 17. Section 26-224.B of the Wheat Ridge Code of Laws, regarding design manuals, is amended to read: B. Streetscape Design Manual. The community development and public works directors are IS hereby authorized and directed to promulgate regulations that encourage quality streetscape design. Such regulations, when promulgated, shall be fully enforceable with respect to all site development. The City of Wheat Ridge Streetscape Design Manual dated March 2011, is hereby adopted and shall apply as one such regulation. 5 The manual may be amended and updated as a regulation from time to time by the director of community development, IN CONSULTATION WITH THE CITY ENGINEER and the director of public works. Copies of the manual shall be available for inspection and purchase in the office of the department of community development. Section 18. Section 26-304.A.10 of the Wheat Ridge Code of Laws, regarding outline development plan application contents, is amended to read: 10. Additional information may be required dependent upon the size and complexity of impact of the proposal, as determined by the community development director and the public works director PLANNING AND/OR ENGINEERING DIVISIONS. This includes, but is not limited to, drainage study and plan, traffic impact report, grading plan, geological stability report, floodplain impact report, or general environmental impact report. This information will be required in hard copy and in electronic file format. Section 19. Section 26-407.A.11 of the Wheat Ridge Code of Laws, regarding error correction of subdivision plats, is amended to read: 11. Other items or circumstances to be determined by the community development director and/or the director of public works. Section 20. Section 26-410.C of the Wheat Ridge Code of Laws, regarding subdivision plat contents, is amended to read: 1. Project information […] b. A surveyed metes and bounds legal description of the platted boundary, with section ties to two (2) section corners in conformance with city geodetic surveying requirements. Coordinates for all section corners, and quarter-section corners, and PHAC points used shall be consistent with the City of Wheat Ridge current city datum, and are available from the public works department ENGINEERING DIVISION. […] 2. Graphical information […] e. Monument information, including: i. A description of all monuments that mark the boundaries of the property, both found and set, and a description of all control monuments used in conducting the survey. ii. Right-of-way survey monuments shall be established per City of Wheat Ridge standard specifications for all new roadways or relocation of existing roadways, at all new road right-of-way centerline intersections, center of radius for cul-de-sacs, and at the end of the centerline for dead end streets. 6 Right-of-way survey monuments may also be required at roadway centerline points of curvature, points of reverse or compound curvature, and points of tangency, as determined by the department of public works ENGINEERING DIVISION. Section 21. Section 26-411 subsections B and G of the Wheat Ridge Code of Laws, regarding subdivision design, are amended to read: B. Blocks […] 2. In blocks over one thousand (1,000) feet long, mid-block pedestrian crosswalks may be required as determined by the department of public works COMMUNITY DEVELOPMENT DEPARTMENT IN CONSULTATION WITH THE CITY ENGINEER. […] G. Easements 1. Utility. Utility easements shall be designed to minimize the encumbrance to the lot, to minimize maintenance problems, and to avoid anticipated locations of buildings or street trees. For new streets, utilities may be located within the right- of-way as approved by the public works COMMUNITY DEVELOPMENT department. […] 3. Sidewalk. Sidewalk and landscape easements may be required when the sidewalk or streetscape improvements required by the Streetscape Design Manual or Bicycle and Pedestrian Master Plan are not within a dedicated street right-of-way. The width of this easement shall be determined by the public works COMMUNITY DEVELOPMENT department. […] 5. Other easements may be required by the community development or public works departments. […] Section 22. Section 26-412 subsections B and D of the Wheat Ridge Code of Laws, regarding street design, are amended to read: B. Access. […] 2. Whenever possible, residential lots shall not front on arterials (Class 3) or collectors (Class 4). Access to a freeway, arterial or collector shall occur only at intersections approved by planning commission and city council. Such design 7 shall be reviewed by the director of public works COMMUNITY DEVELOPMENT DIRECTOR in consultation with the city traffic engineer. […] D. Design. 1. Right-of-way standards. a. Street and alley rights-of-way shall conform to the city's current standards for width, grade, and design as determined by the public works department COMMUNITY DEVELOPMENT DIRECTOR IN CONSULTATION WITH THE CITY ENGINEER. 2. Cul-de-sacs. […] d. Surface drainage on cul-de-sacs shall be directed toward the accompanying street or where necessary to a natural watercourse or natural drainage basin if approved by the director of public works COMMUNITY DEVELOPMENT DIRECTOR IN CONSULTATION WITH THE CITY ENGINEER. Drainage easements may be required through abutting lots where no alternative is capable of carrying drainage. […] 4. Intersections. […] b. Additional right-of-way or pavement width may be required at intersections. The design of intersections shall be determined by the public works director COMMUNITY DEVELOPMENT DIRECTOR IN CONSULTATION WITH THE CITY ENGINEER, or when applicable, the Colorado Department of Transportation. […] 4. Grade and topography. […] b. The maximum grade by street classification shall not be exceeded; maximum grade is determined by the public works department COMMUNITY DEVELOPMENT DIRECTOR IN CONSULTATION WITH THE CITY ENGINEER. Section 23. Section 26-413.B.2 of the Wheat Ridge Code of Laws, regarding dedications and exactions, is amended to read: 2. Dedications required at the time of issuance of a building permit for development, redevelopment, expansion or change of use shall include up to a half-width street dedication and/or construction based on street standards in the subdivision regulations, comprehensive plan, Bicycle and Pedestrian Master Plan, and 8 Streetscape Design Manual. These construction improvements could include street reconstruction, paving, curb, gutter, sidewalk or other improvements deemed necessary by the director of public works COMMUNITY DEVELOPMENT DIRECTOR. See section 5-45. Section 24. Section 26-415.A.2.a of the Wheat Ridge Code of Laws, regarding dedication of public streets, is amended to read: a. Half streets. For streets on the perimeter of a subdivision, the subdivider may be permitted to dedicate sufficient right-of-way to provide an adequate street width for two (2) lanes of traffic in accordance with the city's standards and specifications. In such instances, the subdivider shall be required to construct one-half (½) of the street width plus six (6) feet or other design as determined and approved by public works COMMUNITY DEVELOPMENT department. If on street parking is desired, more right-of-way will be required. Section 25. Section 26-417 subsections B, C, D and E of the Wheat Ridge Code of Laws, regarding required public improvements, are amended to read: B. Compliance with city standards. 1. Specifications for all public improvements are to be determined by the public works department ENGINEERING DIVISION, or in the case of utilities, by other reviewing agencies. 2. No public improvements shall be made until all engineering plans and specifications have been reviewed and approved by the department of public works ENGINEERING DIVISION and all applicable permits have been obtained. C. Types of public improvements: 1. Street and/or streetscape improvements. […] h. Other improvements as specified by the director of public works COMMUNITY DEVELOPMENT DIRECTOR or other reviewing agencies. […] D. As-built plans upon completion. […] 3. As-built drawings shall be provided in hard copy and electronic format. Hard copy drawings shall be signed and sealed by the engineer-of-record. Electronic files shall be an appropriate file format as determined by the public works department ENGINEERING DIVISION. […] E. Required street improvements. […] 9 2. Construction or payment-in-lieu. […] b. Multifamily residential and non-residential. […] ii. In the event that construction of required improvements would be impractical and if it is recommended by the director of public works and the community development director IN CONSULTATION WITH THE CITY ENGINEER, the applicant may be required to pay a fee-in-lieu of construction. […] c. Single- or two-family residential. […] ii. An applicant may choose to install the improvements or pay a fee in lieu of construction, however in the event that construction of improvements would be impractical and if it is recommended by the director of public works and the community development director IN CONSULTATION WITH THE CITY ENGINEER, then an applicant may be required to pay a fee in lieu of construction. iii. If fees are paid in lieu of construction, the fee shall be based on the linear frontage of the lot and the prevailing cost of curb, gutter, and sidewalk as determined by the public works department ENGINEERING DIVISION. Section 26. Section 26-418 subsections B and C of the Wheat Ridge Code of Laws, regarding agreement and financial security for required public improvements, are amended to read: B. Requirement for financial security. […] 4. Form of guarantee: a. The guarantee shall be for one hundred twenty-five (125) percent of the estimated costs of the required public improvements as computed by the subdivider and approved by the director of public works and/or the community development director. […] 5. Release of guarantee: a. Guarantee shall be held in perpetuity until released by the director of public works COMMUNITY DEVELOPMENT DIRECTOR. b. The city may release portions of the letter of credit in increments of no less than twenty-five (25) percent at the discretion of the director of public works COMMUNITY DEVELOPMENT DIRECTOR upon written request of the subdivider. In such case, an amended letter of credit shall be required. C. Deferred construction/development covenant. 10 1. Where prior construction of required improvements under section 26-417 would be impractical and if it is recommended by the director of public works and the community development director IN CONSULTATION WITH THE CITY ENGINEER, a development covenant may be entered into by the City of Wheat Ridge and the owner. 2. The development covenant shall be signed by the director of public works COMMUNITY DEVELOPMENT DIRECTOR and attested by the city clerk and shall be recorded in the office of the Jefferson County Clerk and Recorder. 2. The development covenant shall be in a format provided by the community development and public works departments. Section #. Section 26-501 subsections B and C of the Wheat Ridge Code of Laws, regarding off-street parking and loading, are amended to read: E. Standards. […] 8. Off-street loading. […] b. The typical dimensions of an off-street loading space are twelve (12) feet wide by forty (40) feet long, with a minimum vertical clearance of fourteen (14) feet. A minimum maneuvering aisle width of forty (40) feet shall be provided behind the off-street loading space. These dimensions may be altered by the public works COMMUNITY DEVELOPMENT director based on the specific needs of the business and anticipated volumes of use. […] 12. Miscellaneous. […] c. Back-out parking. Except for one- and two-family dwellings, all parking areas shall be designed so that vehicles exiting from the parking area will not be required to back out across any public sidewalk or public right-of-way, unless an exception has been granted by the director of public works COMMUNITY DEVELOPMENT DIRECTOR IN CONSULTATION WITH THE CITY ENGINEER. […] E. Vehicular access. […] 2. Spacing of vehicle access. […] d. The public works director COMMUNITY DEVELOPMENT DIRECTOR IN CONSULTATION WITH THE CITY ENGINEER may approve a modification or waiver to the vehicle access standards and requirements stated in this subsection 2., PURSUANT TO SECTION 21-181 ET SEQ AND based upon 11 consideration of traffic characteristics, both on and off of the site, with the primary purpose of preserving public safety. 3. Curb cut widths. […] c. [ Modification or waiver. ] The public works director THE COMMUNITY DEVELOPMENT DIRECTOR IN CONSULTATION WITH THE CITY ENGINEER may approve a modification or waiver to the vehicle access standards and requirements stated in this subsection 3., PURSUANT TO SECTION 21-181 ET SEQ AND based upon consideration of traffic characteristics, both on and off of the site, with the primary purpose of preserving public safety. 4. Number of access points. […] b. In cases where it is possible to provide one (1) access point which will serve adjacent properties or where adherence to these requirements would leave a parcel of property without vehicular access, curb cut setback or spacing requirements may be reduced or enlarged so as to permit a single vehicular access point if approved by the public works director THE COMMUNITY DEVELOPMENT DIRECTOR IN CONSULTATION WITH THE CITY ENGINEER. […] d. The public works director THE COMMUNITY DEVELOPMENT DIRECTOR IN CONSULTATION WITH THE CITY ENGINEER may approve a modification to or waiver to the vehicle access standards and requirements stated in this subsection 4., PURSUANT TO SECTION 21-181 ET SEQ AND based upon consideration of traffic characteristics, both on and off of the site, with the primary purpose of preserving public safety. Section 27. Section 26-502.D of the Wheat Ridge Code of Laws, regarding landscaping requirements, is amended to read: D. District requirements. […] Nothing contained in this section shall prohibit any landowner from landscaping in excess of the minimum requirements stated herein, either on their property or within public right-of-way, if approved by the public works director and/or the community development director; however, offsite landscaping cannot reduce the onsite requirements. Section 28. Section 26-506.F of the Wheat Ridge Code of Laws, regarding mobile home park design standards, is amended to read: F. Pads, mats or platforms. Each mobile home lot shall be provided with a gravel pad acceptable to the department of public works COMMUNITY DEVELOPMENT DEPARTMENT for each location and shall be treated to prevent the growth of weeds, 12 or a concrete pad, mat or platform not less than four (4) inches in thickness, or of equal bearing strength if reinforced concrete is used. Section 29. Section 26-603.B.2.d of the Wheat Ridge Code of Laws, regarding obstructions to view in the sight triangle clear zone, is amended to read: d. Exceptions. Certain obstructions may be approved by the director of public works (or his/her designee) COMMUNITY DEVELOPMENT DIRECTOR IN CONSULTATION WITH THE CITY ENGINEER to be located within the clear zone. […] Section 30. Section 26-609 of the Wheat Ridge Code of Laws, regarding access to public streets, is amended to read: […] Commercial and industrial uses will be permitted such private easements or roadways only after review and approval by the public works director, community development director and fire district. […] Section 31. Section 26-623.B of the Wheat Ridge Code of Laws, regarding grading permits, is amended to read: B. Grading permits. Dumping, landfill, grading, and/or extraction operations which disturb an area of one (1) acre or more in size may be allowed by a permit issued by the engineering manager CITY ENGINEER after reviewing an application and supporting information submitted to the public works department ENGINEERING DIVISION. Such deposit or extraction of earth, sand, gravel, rock, minerals, concrete or asphalt pavement, or other similar materials, and/or storage thereof, are subject to the following conditions. A grading permit may be issued for a period of time not to exceed one (1) year and may be renewed upon written request: 1. Application. An application for grading permit shall be submitted to the public works department ENGINEERING DIVISION and shall be accompanied by the appropriate fee and by engineered plans and drawings which illustrate the following minimum information: […] c. A grading and erosion control plan showing the location and extent of areas to be filled and/or excavated, existing and proposed contour lines using elevations consistent with the current city datum drawn at a scale acceptable to the engineering manager CITY ENGINEER, and any erosion control items required per the stormwater management plan. […] 2. Performance standards. […] 13 e. Site stabilization. All grading permits shall contain provisions to stabilize the site as near or closely as is practicable to its prior natural state or condition or in such state or condition as the engineering manager CITY ENGINEER may approve. Methods of site stabilization shall adhere to all BMPs per the approved stormwater management. […] 6. Hours of operation. All activities shall operate from 7:00 a.m. to 5:00 p.m. Operations shall not be permitted on Saturdays, Sundays or holidays, unless otherwise approved by the engineering manager CITY ENGINEER. Section 32. Section 26-628.E of the Wheat Ridge Code of Laws, regarding vehicle sales, rental and storage lots, is amended to read: E. There shall be a minimum ten (10) foot landscape buffer adjacent to any public street, with such buffer to be completely within the property boundaries, although the owner may additionally landscape that area between the front property line and the street improvements if approved by the public works COMMUNITY DEVELOPMENT director. There shall be no waivers of this landscape buffer requirement. Section 33. Section 26-707.D.2 of the Wheat Ridge Code of Laws, regarding sign interference, is amended to read: 2. No sign is allowed which, even though in general conformance with the standards and requirements of this sign code, is judged by the chief of police, COMMUNITY DEVELOPMENT DIRECTOR and public works director as a dangerous sign due to interference with a traffic control device by being in direct line between the control device and oncoming traffic or otherwise in visual competition with a traffic control device. Section 34. Section 26-711.G.3 of the Wheat Ridge Code of Laws, regarding temporary signs carried by persons, is amended to read: 3. Location: permitted along any public right-of-way, provided there is no negative impact to vehicular, bicycle, or pedestrian safety as determined by the director of public works, COMMUNITY DEVELOPMENT DIRECTOR or chief of police or their designee. […] Section 35. Section 26-802 of the Wheat Ridge Code of Laws, regarding floodplain control definitions, is amended to read: Floodplain administrator. The director of public works COMMUNITY DEVELOPMENT DIRECTOR or designee who is assigned the responsibility to coordinate and deal with all aspects of these regulations. Section 36. Section 26-808.A of the Wheat Ridge Code of Laws, regarding floodplain control administration, is amended to read: 14 A. Floodplain administrator. The director of public works COMMUNITY DEVELOPMENT DIRECTOR of the City of Wheat Ridge or designee shall be the floodplain administrator. The duties of the administrator shall include, but not be limited to: 1. Coordination between departments and divisions: […] b. All applications and certifications shall be submitted to the department of public works COMMUNITY DEVELOPMENT DEPARTMENT from which further routing to other departments and divisions and utility companies shall occur. […] 3. Information to be obtained and maintained: […] c. All records required by these regulations shall be maintained with the associated development permits in the department of public works COMMUNITY DEVELOPMENT DEPARTMENT. Section 37. Section 26-809.D of the Wheat Ridge Code of Laws, regarding floodplain certificate of compliance, is amended to read: D. […] Said submitted certification, along with a copy of the certificate of compliance, shall be kept on record in the department of public works COMMUNITY DEVELOPMENT DEPARTMENT. Section 38. Section 26-1004.B.3 of the Wheat Ridge Code of Laws, regarding Chapter 26 violations, is amended to read: 3. Any class I floodplain permit or excavation and deposit control permit issued by the public works COMMUNITY DEVELOPMENT department. Section 39. Section 26-1110.E.4 of the Wheat Ridge Code of Laws, regarding usable open space requirements, is amended to read: 4. Drainage ways, ponds, and other areas required for stormwater quality or detention may qualify as usable open space if such areas are designed for passive or active use and are landscaped with grass, shrubs, and/or trees. A list of recommended plants for stormwater detention areas is available through the public works COMMUNITY DEVELOPMENT department. Section 40. 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 15 shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 41. Effective Date. This Ordinance shall take effect upon adoption and signature of the Mayor, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 13th day of January 2020, 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 January 27, 2020 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2020. SIGNED by the Mayor on this _____ day of ____________, 2020. __________________________________ Bud Starker, Mayor ATTEST: _________________________ Steven James Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us ITEM NO: DATE: January 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 04-2020 – A RESOLUTION APPROVING A LOAN AGREEMENT IN THE AMOUNT OF $500,000 BETWEEN THE WHEAT RIDGE URBAN RENEWAL AUTHORITY dba RENEWAL WHEAT RIDGE AND THE CITY OF WHEAT RIDGE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ City Manager ISSUE: Approval of a Loan Agreement (the Agreement), in the amount of $500,000, with Renewal Wheat Ridge (RWR) to assist in funding improvements associated with a proposed redevelopment of the Gold’s Center located at the northwest corner of 26th Avenue and Kipling Street. PRIOR ACTION: On January 7, 2020 RWR, via Resolution 02-2020, approved the Agreement. On December 16, 2019 the City Council provided a consensus to move forward with the drafting of a loan agreement. On November 19, 2019, RWR approved a Redevelopment Agreement with OK26, LLC in the amount of $1,583,547. 6 Council Action Form – Gold’s Center Loan Agreement January 13, 2020 Page 2 FINANCIAL IMPACT: The City will loan $500,000 from General Fund reserves to RWR. The loan will be repaid over a five year period. There are adequate reserves to fund this request. BACKGROUND: In June 2019, Outpost Investments, LLC a Colorado limited liability company (“Outpost”) entered into a contract to purchase the 3.56-acre, 58,790 gross square foot Paramount Heights Shopping Center located at 10019 West 26th Avenue in Wheat Ridge, Colorado (the “Property”). Commonly referred to as “Gold’s Grocery”, the Property is situated at the northwest corner of W. 26th Ave. and Kipling St. and is the southernmost property within the I-70/Kipling Corridors Urban Renewal Area. Identified as a “Primary Gateway” by the City of Wheat Ridge’s Comprehensive Plan, Envision Wheat Ridge, Outpost believes the deteriorating Property is a once in a generation opportunity to create transformative change that will positively impact the fabric of the surrounding community and reinvigorate the City’s “front door” under a new name: Gold’s Marketplace (the “Project”). As a primary gateway to the City of Wheat Ridge (the “City”) this iconic Property should be an amenity and source of pride for the surrounding community, as well as a meaningful source of sales tax revenue for the City. However, because of extraordinary costs unique to the Property, the revitalization of this asset is not feasible without the financial participation from the City and Renewal Wheat Ridge. Budget projections indicate the need for $1,583,547 to be used to fund eligible costs in order to close the “Return Gap” that is currently prohibiting Outpost from undertaking the revitalization of the Property in light of the Project’s complexity and risk. The Property was originally developed by Lee W. Doud as three separate sections between 1958 and 1964 and attached into one continuous building. The first structure, Paramount Medical Building, was constructed in 1958. Then in 1960, Paramount Lanes & Super Market, designed by Curtis E. Copeland, was constructed. The final building, a restaurant, was completed in 1964. In the late 1980s, Robert Gold Jr. opened Gold’s Corner Grocery in the space once home to Woods Supermarket and later Marv’s Finer Foods. In 2000, Bob Gold and his wife JoAnn purchased the Property from the family of the original owners. Following 26 years of operating Gold’s Corner Grocery, Bob and JoAnn Gold sold the Property in 2015 to a local investment group, and Gold’s Grocery closed permanently. Under current ownership, the Property’s physical appearance and occupancy have continued to deteriorate. The 12,101 square foot former Gold’s Grocery space remains vacant, and in April 2019 the operators of Paramount Bowl did not renew their lease on the 10,976 square foot bowling alley, leaving a total of 23,080 or 38% of the Property’s overall gross square footage vacant. As of September 2019, the Property’s vacancy was 67% compared to the City’s average vacancy rate for comparable retail properties of 18.3% according to CoStar Analytics. Council Action Form – Gold’s Center Loan Agreement January 13, 2020 Page 3 The Project & Fulfillment of the Comprehensive Plan Outpost proposes the revitalization of an iconic, yet deteriorating, neighborhood center into a vibrant, walkable and diverse community focused asset that will provide the City of Wheat Ridge with an exciting destination in its own backyard. Quality design, engaging streetscape improvements and thoughtful architectural enhancements will ensure the retention and expansion of existing tenants as well as the introduction of new retail and restaurant concepts that will transform this dated shopping center into a place where people want to gather, shop, eat, drink, laugh and of course…bowl. Despite a favorable real estate market and surge in private investment over the previous five years, the Property, one of only four neighborhood commercial centers designated by Envision Wheat Ridge, has languished. The Property is in severe disrepair and is an unfortunate eyesore at the gateway to the City along one of three primary transportation corridors in Wheat Ridge. Outpost believes the successful execution of the proposed revitalization plan will only be achieved by improving and investing in the following: 1) Sense of Place 2) Quality Design 3) Tenant Retention and Focused Leasing 4) Site and Building Upgrades The Property has no “sense of place” in part as a result of confusion over its actual name. Officially named Paramount Heights Shopping Center, neither the City nor the surrounding community refer to the Property by this moniker. As such, Outpost proposes to rename/rebrand the Property “Gold’s Marketplace” in an effort to retain a link to the Property’s rich history and further the City’s Community Vision that: “Wheat Ridge will be a prominent and sustainable city, with a prosperous future built upon the foundation of the community’s major assets (comfortable neighborhoods, unique culture and history, abundant open space, terrific views, and proximity to Denver and the Rocky Mountains).” (Source: Comprehensive Plan, Envision Wheat Ridge, 2009, p. 10) Because of its gateway designation, Outpost recognizes the importance of achieving Goal CC1 of the Comprehensive Plan that states the revitalization must “…project a positive, cohesive community identity and clear sense of place.” This will be achieved through the development of a comprehensive landscaping and signage plan that will unify the Property, along with improved cohesive streetscape, so when combined with the rebranding efforts, all 3.56 acres and 58,790 square feet will feel like one singular destination. New landscaping and signage will be cohesive and simple. A landscaped buffer surrounding the Property with a pedestrian sidewalk within the 26th Avenue right of way (ROW) will separate the curb from the trees, grass, landscaping and other streetscape elements that will be incorporated around the border of the Property. These upgrades will introduce a safe and walkable pathway around and through the Property. Common sidewalk areas in front of tenant spaces will be Council Action Form – Gold’s Center Loan Agreement January 13, 2020 Page 4 widened, with new landscaped planter boxes, colorful benches and a cohesive tenant signage design that will be replicated for all tenants. To create opportunities for communal gathering, an underutilized corner of the Property in front of Cosmo’s Pet Supply will be converted into a year-round, outdoor amenity zone and gathering area with Adirondack chairs and picnic tables. This will aid in strengthening the sense of place and will encourage visitors to enjoy a cup of coffee or a sandwich outside, while their kids play, or their dogs take a nap in the shade of an existing pine tree. The 26th Avenue ROW work, signage, landscaping, improved site lighting and streetscape improvements will make the Property a more inviting, pedestrian friendly retail destination where people come for a haircut but end up staying for lunch. The streetscape and landscape investments will also signal the level of commitment from the City and Outpost. This commitment will enable Outpost to continue with a focused leasing strategy, whereby the mix of tenants will be curated to appeal to the community’s needs and wants. In pursuit of this improved “sense of place”, it should be noted that Outpost has no plans to demolish the Property. The iconic Property is a physical reminder of the City’s rich history and of a less common form of architecture. The proposed revitalization incorporates significant architectural and design improvements that align with Goal CC3 of the Comprehensive Plan in that the Project will embrace the past and build upon it through thoughtfully designed architectural enhancements that will “promote preservation or incorporation of existing quality architectural structures or elements…” into the Project. While preserving what makes the Property unique, Outpost will take on the remediation of pervasive existing environmental conditions. Based on an Asbestos Containing Materials Survey (“ACM Survey”) dated August 23, 2019 conducted by Landmark Environmental Group, an expert in the field of environmental cleanup, asbestos is prevalent throughout the entire center because the Property was built in the late 1950s and early 1960s. In keeping with the “measure twice, cut once” philosophy, Outpost will implement a cleanup program to safely remove the asbestos and ensure safe conditions for employees and visitors to the Property. However, because of the large size of the Property, the costs required to responsibly remediate the asbestos are extraordinary given the size of the Property, and age of the environmental contaminants. Existing tenants have expressed excitement about the proposed changes to the Property and their future at the Project. In keeping with the Envision Wheat Ridge Comprehensive Plan, Outpost has proactively created an Expansion and Relocation Plan (the “ERP”) designed to retain and expand quality existing tenants while making desirable suites available for new tenant leasing. The ERP creates a total net new increase in existing tenant space of approximately 4,300 square feet and ensures the retention of tenants, Cosmo’s Pet Supply, Little Brazil and Training For Warriors. Notably, Cosmo’s Pet Supply’s lease was set to expire in October 2019, but because of the potential for this revitalization project, not only will Cosmo’s stay at the Property, but they will be expanding into an adjacent space that is currently vacant. The ERP and Outpost’s focus on strong, local operators will advance Goal ELU2 of the Comprehensive Plan, “Attract quality retail development and actively retain existing retailers to locate in Wheat Ridge.” Council Action Form – Gold’s Center Loan Agreement January 13, 2020 Page 5 The revitalization of the Property will help catalyze positive transformative change that is desired in the surrounding community, as well as the City of Wheat Ridge. With a vibrant new “front door” along Kipling Street, the Project will achieve the following goals set out in the I-70/Kipling Corridor Plan: • Eliminate and prevent blight • Enhance Wheat Ridge’s identity • Expand the City’s commercial activities • Advance cultural art programs and capital investments • Support preservation of historic (or in this case iconic) structures • Encourage the continued presence of existing viable businesses • Develop and enhance community Gateways • Maintain / develop public gather spaces (Source: I-70/Kipling Corridors Urban Renewal Plan dated May 2009) As a result of the Property’s age and years of accumulating deferred maintenance, the creation of an improved “sense of place”, commitment to quality design, retention of successful tenants and advancement of the I-70/Kipling Corridors Plan can only be achieved by Outpost’s undertaking of extraordinary costs associated with the aforementioned improvements. These improvements are necessary to prevent the continued deterioration of the building and site in order to reinvigorate the Property, and create a vibrant, walkable and diverse community focused asset that will provide the City of Wheat Ridge with an exciting destination in its own backyard, but located at its “front door”. Eligible Costs / “But for” Because of the extraordinary costs associated with the required building and site improvements (the “Eligible Costs”), the revitalization of the Property is not feasible “but for” the financial participation from and public/private partnership with the City of Wheat Ridge and Renewal Wheat Ridge. These improvements will reduce, eliminate, and prevent the spread of blight within this area of the I-70/Kipling Corridors Urban Renewal Area, and help stimulate a vibrant and diverse future for the Property as a striking gateway for the City of Wheat Ridge. Without public participation, Outpost’s stabilized return on cost (Net Operating Income/Project Costs) is 6.37% which is not an appropriate return commensurate with the risk and complexity of the Project. For this reason, Outpost sought a $1,583,547 public participation partnership with RWR to close the “Return Gap”. The total Project costs without public investment are estimated to be $10,495,195. The requested $1,583,547 will be used for extraordinary Eligible Costs, an amount that represents 17.8% of Outpost’s total private investment in the Project. With this public/private partnership, the Project’s return on cost becomes 7.50%, which is an appropriate return commensurate with the Project’s complexity, risk and significant private investment from Outpost. Council Action Form – Gold’s Center Loan Agreement January 13, 2020 Page 6 Eligible Costs: • 26th Avenue Right of Way Improvements & Streetscape • Environmental Remediation (asbestos abatement) • Repaving Parking Area (3-acres) • Wet Utilities • General Site Improvements (required for code compliance) • Fire Life Safety Upgrades (sprinklers & hydrants) • Mechanical, Electrical and Plumbing Upgrades (required for code compliance) • Façade and Signage Upgrades Project Team Outpost Investments (Outpost®) is a private real estate investment firm engaged in the redevelopment, adaptive reuse and development of retail and mixed-use properties throughout Colorado. Outpost’s mission is to create authentic, inspiring and enduring places. Outpost selectively pursues opportunities that will positively impact the fabric of the surrounding community. This is achieved by adhering to a core set of values (Prudence, Conviction, Creativity and Integrity) that influence everything they do in business and in life. Principals of Outpost have been actively involved with the acquisition, financing, development and/or disposition of over 3.5 million square feet of commercial real estate, surpassing $1.5 billion in value. Representative Retail Projects: • Sportscastle Assemblage Denver, Colorado • Margie’s Candie’s Building Chicago, Illinois • Promenade at Denver West Lakewood, Colorado • The Shoppes at Denver West Lakewood, Colorado • Foothills Mall Fort Collins, Colorado • Promenade at Castle Rock Castle Rock, Colorado • Shoppes at Highpointe Denver, Colorado Design Edge, P.C. is a full service architectural and interior design firm that provides professional design, planning and construction administration services to a wide range of clients. The success of their projects is directly measured by the client-architect relationship. They believe that the best design solutions are a result of strong communication with their clients, dialogue, planning and building knowledge. By combining the best available technologies, a highly qualified staff of design professionals, and an unyielding desire to satisfy their clients, Design Edge, P.C. aspires to rank among the best in Colorado design firms. Representative Retail Projects: • A-Line Square Stapleton Denver, Colorado • Shoppes at Highpointe Denver, Colorado • Promenade at Castle Rock Castle Rock, Colorado • Village Plaza Shops Greenwood Village, Colorado Council Action Form – Gold’s Center Loan Agreement January 13, 2020 Page 7 • Lakewood City Commons Lakewood, Colorado • 8th & Kalamath Denver, Colorado White Construction Group (WCG) is an innovative, built-environment partner that strives to develop, build and deliver projects beyond client expectations. Over the last 33 years, WCG has managed some of the most prestigious construction projects in the Rocky Mountain Region with a specialization in community-focused, commercial construction, design-build, historic preservation and adaptive re-use projects. Representative Construction Projects: • The Stanley Marketplace Denver, Colorado • Steam on the Platte Denver, Colorado • The Source Denver, Colorado • Freight at Taxi Denver, Colorado • Trinity Church (renovations) Denver, Colorado • West Metro Fire Protection No. 14 Littleton, Colorado • Colorado School of Mines Green Center Golden, Colorado • Crown Hill Park Trailhead Wheat Ridge, Colorado Vermilion Peak has the expertise to guide clients through the entire entitlement process from initial site layout through public hearings and permitting. They have over 20 years’ experience in support of the land development business, having worked in nearly every jurisdiction along the Colorado Front Range. Brownstein Hyatt Farber Schreck. With 11 offices across the western U.S., plus Washington, D.C., and Atlantic City, Brownstein Hyatt Farber Schreck is where business, law and politics converge. Founded in 1968, Brownstein provides its clients a value that no other western law firm can match—an integrated approach that combines sensible business solutions with 20 years of Capitol Hill perspective. The firm’s 275 lawyers and policy professionals have built a reputation for providing multidisciplinary legal counsel that drives results and connects business leaders to the information they need to make decisions. The firm works in industries ranging from real estate, hospitality, private equity and telecommunications, to technology, construction, energy, banking and finance, water and gaming. PROJECT GAP FUNDING/REIMBURSEMENT AGREEMENT: The $1,583,547 is identified in two RWR funding sources. The Kipling Ridge fund will provide approximately $1,284,000 and the General Fund approximately $300,000. While these funds are generally available to fund the pledge, this may delete the RWR fund sources. RWR is asking the City of Wheat Ridge enter into an Agreement wherein the City of Wheat Ridge would loan $500,000 in General Fund undesignated reserves to RWR with a repayment schedule of up to five years. RWR would annually obligate funds from its General and Kipling Ridge Funds to repay this loan to the City of Wheat Ridge beginning in 2021. Council Action Form – Gold’s Center Loan Agreement January 13, 2020 Page 8 RECOMMENDATIONS: Staff recommends the City Council provide consensus to enter into the Agreement with RWR for the following reasons: • The iconic center at 26th Avenue and Kipling Street is a gateway to the community • The site has been blighted for many years and the upgrades will remediate this condition • The site is lacking public infrastructure such as curb, gutter and sidewalks • The improvements include resurfacing and restriping of the parking lot creating a safer flow of traffic • The improvements will help the owner in retaining current and attracting new tenants • The improvements will create additional sales and property tax revenues RECOMMENDED MOTION: “I move to approve Resolution No. 04-2020, a resolution approving a loan agreement in the amount of $500,000 between the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge and the City of Wheat Ridge.” Or, “I move to postpone indefinitely Resolution No. 04-2020, a resolution approving a loan agreement in the amount of $500,000 between the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge and the City of Wheat Ridge for the following reason(s) _________________.” REPORT PREPARED BY; Steve Art, Urban Renewal Executive Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 04-2020 2. Golds Center Improvements 3. RWR Resolution 19-2019 (Redevelopment Agreement) 4. Loan Agreement CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 04 Series of 2020 TITLE: A RESOLUTION APPROVING A LOAN AGREEMENT IN THE AMOUNT OF $500,000 BETWEEN THE WHEAT RIDGE URBAN RENEWAL AUTHORITY dba RENEWAL WHEAT RIDGE AND THE CITY OF WHEAT RIDGE WHEREAS, In June 2019, Outpost Investments, LLC (OK26, LLC) a Colorado limited liability company entered into a contract to purchase the 3.56-acre, 60,000 gross square foot Paramount Heights Shopping Center located at 10019 West 26th Avenue in Wheat Ridge, Colorado; and WHEREAS, The Gold’s Center will undergo major improvements to attract new tenants and improve the traffic for the existing businesses located in the center; and WHEREAS, OK26, LLC will invest approximately $10,495,195 of its own equity into the improvements; and WHEREAS, OK26, LLC has identified a project gap of approximately $1,583,547; and WHEREAS, OK26, LLC is located within the boundaries of the I70/Kipling Corridors Urban Renewal Plan Area and is eligible for funds from the Plan Area; and WHEREAS, On November 19, 2019 the Wheat Ridge Urban Renewal Authority, dba Renewal Wheat Ridge entered into a Reimbursement Agreement with OK26, LLC in the amount of $1,583,547 for improvements to the Gold’s Shopping Center; and WHEREAS, Renewal Wheat Ridge recognizes the full funding of the loan may deplete funds within its I70/Kipling Corridor and General Fund accounts has asked the City of Wheat Ridge to assist in its gap funding of the Reimbursement Agreement in the amount of $500,000 to be repaid over a five year period of $100,000 each year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The City Council hereby adopts Resolution 04-2020 approving a loan from the City’s General Fund to Renewal Wheat Ridge in the amount of $500,000 DONE AND RESOLVED this 13th day of January 2020. __________________________ Bud Starker, Mayor ATTEST: _____________________________ Steve Kirkpatrick, City Clerk ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 REDEVELOPMENT AGREEMENT THIS REDEVELOPMENT AGREEMENT (this "Agreement") dated as ofNovember 19, 2019, is made by and between WHEAT RIDGE URBAN RENEWAL AUTHORITY d/b/a/ RENEWAL WHEAT RIDGE, an urban renewal authority and a body corporate and politic of the State of Colorado (the "Authority"), OK26, LLC, a Colorado limited liability company ("Developer"). The Authority and Developer are sometimes collectively called the "Parties," and individually, a "Party." RECITALS All capitalized terms used, but not defined, in these Recitals, have the meanings ascribed to them in this Agreement. The Recitals are incorporated to this Agreement as though fully set forth in the body of this Agreement. WHEREAS, the City of Wheat Ridge, Colorado (the "City") is a home rule municipality and political subdivision of the State of Colorado organized and existing under a home rule charter pursuant to Article XX of the Constitution of the State of Colorado; WHEREAS, the City Council of the City (the "City Council") established the Authority on October 18, 1981; WHEREAS, the City Council adopted the I-70/Kipling Corridors Urban Renewal Plan, as amended (the "Urban Renewal Plan" or the "Plan"); WHEREAS, Developer seeks to construct Eligible Improvements (hereinafter defined) within the Gold's Shopping Center (the "Project") upon the property more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the "Redevelopment Property"); WHEREAS, the Authority has determined that the redevelopment of the Project in order to remediate blight is consistent with and in furtherance of the purposes of the Authority and the Urban Renewal Plan; WHEREAS, in order to facilitate the acquisition, construction and installation of the Project, the Authority seeks to reimburse Developer for the cost of certain Eligible Improvements up to a maximum aggregate amount of One Million, Five Hundred Eighty-Three Thousand, Five Hundred and Forty-Seven Dollars ($1,583,547.00) (as further defined below, the "Reimbursement Amount") as set forth in this Agreement through utilization of property tax increment and sales tax increment; WHEREAS, pursuant to the Colorado Urban Renewal Law , C.R.S. § 31-25-101, et seq., and the Urban Renewal Plan, the Authority may finance undertakings pursuant to the Plan by any method authorized under the Act or any other applicable law, including, without limitation, issuance of notes, bonds and other obligations in an amount sufficient to finance all or part of the Plan; borrowing of funds and creation of indebtedness; advancement of reimbursement agreements; agreements with public or private entities; and loans, advances and grants from any other available 19962124.1 11/7/2019 Q:\USERS\WRURA\AGR\2019\GOWS REDEVELOPMENT-Al I 0719.DOCX EXHIBIT A ATTACHMENT 4 ITEM NO: DATE: January 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPOINT WANDA SANG AND SUNNY GARCIA TO THE ELECTION COMMISSION PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ ______________________________ City Clerk City Manager ISSUE: The two positions on the Election Commission are due for appointment. Wanda Sang and Sunny Garcia currently serve on the Election Commission and both have reapplied. Both individuals meet the qualifications to serve and both have extensive knowledge and experience with elections. FINANCIAL IMPACT: None. BACKGROUND: The Election Commission consists of the City Clerk and two (2) registered electors of the City. The Election Commission assists the Office of the City Clerk in election procedures and process, establishes proof of residency qualification where residency is in question, and provides the appropriate procedure to be used when an election procedure is in doubt. By Charter, Election Commission members are appointed by the City Council and serve for a term of two (2) years. RECOMMENDATIONS: It is recommended that the City Council appoint Wanda Sang and Sunny Garcia to serve on the Election Commission. 7 Council Action Form – Appointment to Election Commission January 13, 2020 Page 2 RECOMMENDED MOTION: “I move to appoint Wanda Sang and Sunny Garcia to the Election Commission.” or “I move to deny the appointment of Wanda Sang and Sunny Garcia to the Election Commission for the following reason(s) _____________________. REPORT PREPARED BY: Robin Eaton, Deputy City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Application from Wanda Sang 2. Application from Sunny Garcia ATTACHMENT 1 ATTACHMENT 2 ITEM NO: DATE: January 13, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE MAYORAL APPOINTMENTS TO DISTRICT I AND DISTRICT IV VACANCIES ON THE WHEAT RIDGE URBAN RENEWAL AUTHORITY BOARD PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Clerk City Manager ISSUE: There are two vacancies on the Urban Renewal Authority Board (the Authority) in City Council Districts I and IV. Five applications were received but only three were from residents residing within the Districts where vacancies currently exist. Each appointment to the Authority shall be made by the Mayor subject to approval by majority vote of the entire City Council. Mayor Starker recommends the appointment of Celeste Tanner to the District I vacancy and Christopher Bird to the District IV vacancy. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: The Authority shall consist of seven (7) members, one (1) of such members being from each of the existing, or hereafter altered, city council districts, and three (3) members to serve at large. If, after reasonable advertisement, no applications are received from residents within the relevant city council district for a vacancy on the Authority, any otherwise qualified resident of the city may be appointed. The at large members may include one (1) elected city official (excluding the mayor), and/or one (1) non-resident individual who owns an interest in or is a corporate officer of a licensed business in good standing located within the city. Each 8 Council Action Form – Urban Renewal Authority Appointments January 13, 2020 Page 2 appointment to the Authority shall be made by the Mayor subject to approval by majority vote of the entire City Council. The term of office of each member shall be five (5) years. Any member (with the exception of a nonresident business owner member) who shall change his personal residence to an address outside the city or outside the district he represents shall cease to be a member of the Authority and his seat shall automatically be deemed vacant as of the date on which he ceased to be a resident of the city or of the district. Any nonresident business owner member whose business is no longer in good standing with the city or whose business ceases operations or moves outside the city limits shall cease to be a member of the Authority and the member's seat shall be deemed vacant as of the date of that occurrence. A member whose term has expired shall continue to hold office until his successor has been appointed and has qualified. Terms of office shall be staggered so that the term of at least one (1) member shall expire each year. The City Council may appoint any number of ex-officio nonvoting members to serve for terms at the pleasure of the City Council. RECOMMENDATIONS: Mayor Starker is recommending that Celeste Tanner be appointed to the Urban Renewal Authority Board, District I position, term to expire March 2, 2024. Mayor Starker is recommending that Christopher Bird be appointed to the Urban Renewal Authority Board, District IV position, term to expire March 2, 2021. RECOMMENDED MOTIONS: 1) “I move to approve the Mayoral appointment of Celeste Tanner to the Urban Renewal Authority Board, District I position, term to expire March 2, 2024.” 2) “I move to approve the Mayoral appointment of Christopher Bird to the Urban Renewal Authority Board, District IV position, term to expire March 2, 2021.” Or 1) “I move to not approve the Mayoral appointment of Celeste Tanner to the Urban Renewal Authority Board, District I position, term to expire March 2, 2024 for the following reason(s) ___________________.” 2) “I move to not approve the Mayoral appointment of Christopher Bird to the Urban Renewal Authority Board, District IV position, term to expire March 2, 2021 for the following reason(s) _____________________.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Application – Celeste Tanner 2. Application – Christopher Bird Board & Commission Application City of Wheat Ridge PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION APPLICATION FOR APPOINTMENT TO THE: (BOARD/COMMISSION/COMMITTEE) DATE: DISTRICT HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: ARE YOU A REGISTERED VOTER? WHY ARE YOU SEEKING THIS APPOINTMENT? DO YOU HAVE EXPERIENCE IN THIS AREA? HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? ARE YOU EMPLOYED BY THE CITY OF WHEAT RIDGE? ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES? SIGNATURE PLEASE PRINT OR TYPE NAME: ADDRESS: ZIP: HOME PHONE: BUSINESS PHONE: E-MAIL ADDRESS: APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR Renewal Wheat Ridge 11/22/2019 1 6 years Yes I believe in the benefit urban renewal authorities can bring in the long-term revitalization of community areas, and that my relevant experience can contribute positively to the process. development, with expertise in both greenfield and urban infill redevelopment. My firm has worked with multiple urban renewal authorities, including DURA, LRA, and past experience with Renewal Wheat Ridge (Kipling Ridge). I have 15 years of experience in commercial real estate Localworks Board Member - since 2017; Boulevard at Lowry Metropolitan District - elected 2019 No I am an owner in Kipling Ridge Shopping Center, which utilized TIF funds for development. Should a potential conflict arise, I am prepared to recuse myself from discussions. Celeste Tanner 6985 W 26th Ave Wheat Ridge, CO 80033 (303) 803-4697 (303) 573-6500 ctanner@confluentdev.com ATTACHMENT 1 ATTACHMENT 2 ITEM NO: DATE: January 13, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO MAKE APPOINTMENTS TO FILL VACANCIES ON THE PARKS AND RECREATION COMMISION FOR DISTRICT II AND DISTRICT IV PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Clerk City Manager ISSUE: Due to the recent resignations of Charles Spielman and Christine Taraskiewicz, the District II and District IV seats on the Parks and Recreation Commission are vacant. The terms of these positions end on March 2, 2021 and March 2, 2020 respectively. FINANCIAL IMPACT: None. BACKGROUND: The duties of the Parks & Recreation Commission are to: •Regularly consult with the Director of Parks & Recreation •Review all existing and proposed legislation relating to parks and recreation matters •Make recommendations on parks and recreation matters to the City Council •Act as a liaison between the Parks & Recreation Department and the community at large •Promote and develop positive relationships with community groups, other public agencies,and the general public •Encourage the widest possible citizen understanding of parks and recreation activities •Seek citizen advice and support for the proper management and operation of parks andrecreation facilities 9 Council Action Form – Appoint Parks and Recreation Commission members January 13, 2020 Page 2 Following these resignations the City Clerk’s office advertised the positions accordingly in the Wheat Ridge Transcript along with the city website, channel 8 and various other media outlets. Applications for the positions have been received from Clair Spahr and Scott Dejong in District II and Andy Rasmussen in District IV. RECOMMENDED MOTION: “I move to appoint _________________________________ to the Parks and Recreation Commission for District II to fill a vacancy, term ending March 2, 2021.” And: “I move to appoint _________________________________ to the Parks and Recreation Commission for District IV to fill a vacancy, term ending March 2, 2020.” REPORT PREPARED BY: Robin Eaton, Deputy City Clerk Steve Kirkpatrick, City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Application Clair Spahr 2. Application Scott DeJong 3. Application Andy Rasmussen Board and Commission Application APPLICATION FOR APPOINTMENT TO THE: (Board/Commission/Committee) DATE:DISTRICT: HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE? ARE YOU A REGISTERED VOTER? WHY ARE YOU SEEKING THIS APPOINTMENT? DO YOU HAVE EXPERIENCE IN THIS AREA? HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDENCE OR DUTIES? PRINT NAME ADDRESS HOME PHONE BUSINESS PHONE E-MAIL ADDRESS Checking here completes your application, constitutes your signature and affirmation that the statements made are true. APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR City Clerk’s Office, 7500 W. 29th Ave., Wheat Ridge CO 80033 Parks & Recreation Commission, District II 11/22/19 2 3 years yes I am interested in helping connect the Parks and Rec Program with Wheat Ridge residents who can help the department serve the community, especially those with special needs. Not exactly, I have navigated P&R programs for myself, my parents, and for my son. I just have the consumer-side experience. I have not served on any City of Wheat Ridge Board/Commission/Committee. I am on the membership committee for Good Business Colorado, a nonprofit, and I was on the membership committee for the Nourish Community Market, a food co-op. No Claire Spahr 8101 W 46th Ave 720-917-9419 720-917-9419 claire@bluebirddenver.com Submit ATTACHMENT 1 Board and Commission Application APPLICATION FOR APPOINTMENT TO THE: Parks and Rec Commission, District II (Board/Commission/Committee) DATE: 11/22/2019 DISTRICT: 2 HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE? 6 years ARE YOU A REGISTERED VOTER?Yes WHY ARE YOU SEEKING THIS APPOINTMENT? I'd like to contribute to my community. DO YOU HAVE EXPERIENCE IN THIS AREA? Yes,I'm a parent of two children,14 and 6,and an active recreational user of the Clear Creek trail on a near daily basis. HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? No. ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDENCE OR DUTIES? No. PRINT NAME Scott Dejong ADDRESS 4035 Cody St, Wheat Ridge,CO 80033 HOME PHONE 303-355-5701 BUSINESS PHONE 720-235-7804 E-MAIL ADDRESSsdejong@q.com Checking here completes your application, constitutes your signature and affirmation that the statements made are true. APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR City Clerk's Office, 7500 W. 29th Ave., Wheat Ridge CO 80033 ATTACHMENT 2 Board and Commission Application Application for the appointment to the (Board/Commission/Committee): Parks and Recreation Date: 11/30/2019 District: IV How long have you been a resident of Wheat Ridge? 4+ Years Are you a registered voter? Yes Why are you seeking this appointment? Because I want to continue to serve the people and the City of Wheat Ridge Do you have experience in this area? No, but I do have a degree in Civil Engineering and am a long time park enthusiast. Have you ever served, or are you currently on a Board/Commission/Committee and if so, which one? How long? Yes, I served on the WR Environmental Sustainability Committee for a year, the Neighborhood Revitilization Steering Committee for a little over a year, and I ran for City Council in 2017. Are there any conflicts which would interfere with regular attendance or duties? None First Name Andrew Last Name Rasmussen Address1 4465 Moore Ct Address2 Field not completed. City Wheat Ridge State CO Zip 80033 Home Phone 9704032665 Business Phone Field not completed. Email Address andyras76@gmail.com Your application will be kept on file for one year. City Clerk's Office, 7500 W. 29th Ave., Wheat Ridge, CO 80033 ATTACHMENT 3