HomeMy WebLinkAboutVirtual City Council Agenda Packet 04-27-20AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO April 27, 2020
7:00 p.m.
This meeting will be conducted as a VIRTUAL MEETING. No members of the Council or City staff will be physically present at the Municipal building for this meeting; the public may not attend in person. The public may
participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on April 27) 2. Virtually attend and participate in the meeting through a device or phone:
• Click here to join and provide public comment
• Or call +1-669-900-6833 with Access Code 936 6225 6880 3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube
Live at https://www.ci.wheatridge.co.us/view
Individuals with disabilities are encouraged to participate in all public meetings sponsored
by the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in
participating in a meeting and need inclusion assistance.
CALL TO ORDER PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS PROCLAMATIONS AND CEREMONIES
APPROVAL OF MINUTES Emergency Council Minutes of March 20, 2020; and Virtual City Council minutes of March 30, 2020 APPROVAL OF AGENDA CITIZENS’ RIGHT TO SPEAK a. Citizens may speak on any matter not on the Agenda or regarding items listed
under Decisions, Resolutions and Motions for a maximum of 3 minutes under Citizens Right to Speak. Please speak up to be heard when directed by the Mayor. b. Citizens who wish to speak on a Public Hearing item may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item.
CITY COUNCIL AGENDA: April 27, 2020 Page -2-
c. Citizens may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record.
CONSENT AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
1. Council Bill No. 05-2020 - an ordinance approving an amendment to the Existing
Planned Mixed Use Development (PMUD) Zoning to increase the allowable height for hospital uses at Clear Creek Crossing 2. Council Bill No. 07-2020 - an ordinance vacating any interest held by the City in
a portion of Youngfield service road, a public roadway ORDINANCES ON FIRST READING 3. Council Bill No. 08-2020, an ordinance amending Article II of Chapter 9 of the
Wheat Ridge Code of Laws concerning smoking in public places
4. Council Bill No. 09-2020 – an ordinance amending Chapter 21 of the Wheat Ridge Code Of Laws concerning streets and sidewalks
DECISIONS, RESOLUTIONS AND MOTIONS
5. Resolution No. 23-2020 – a resolution approving the first amendment to a public finance agreement by and between the City Of Wheat Ridge, The Longs Peak Metropolitan District, and Evergreen-Clear Creek Crossing, L.L.C.
6. Resolution No. 24-2020 – a resolution approving the first amendment to the PIF Collecting Agent Agreement among the City Of Wheat Ridge, the Longs Peak Metropolitan District and Evergreen-Clear Creek Crossing, L.L.C.
7. Resolution No. 21-2020 - a resolution concerning the lease back of property
located at 3805 Wadsworth Boulevard to 5g Holdings, LLC DBA Midas 8. Resolution No. 22-2020 – a resolution approving a Memorandum Of Understanding between the City of Wheat Ridge and Roys Mountain Home,
LLC regarding Robb Street Regional Detention Pond 9. Resolution No. 25-2020 – a resolution recognizing and declaring the public purpose and importance of the City’s Business Stabilization Program and
making findings in connection therewith CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS
CITY COUNCIL AGENDA: April 27, 2020 Page -3-
ELECTED OFFICIALS’ MATTERS ADJOURNMENT
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CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING March 20, 2020
Mayor Starker called the properly public noticed Emergency Special City Council Meeting to order at 3:02 p.m. Councilmembers, the Mayor, staff, guests and the public attended this meeting via phone,
owing to the current health emergency.
ROLL CALL OF MEMBERS
Zachary Urban Judy Hutchinson Amanda Weaver Leah Dozeman Rachel Hultin Korey Stites Janeece Hoppe Valerie Nosler Beck
Also present: Deputy City Clerk, Robin Eaton; City Attorney, Gerald Dahl; Director of
Administration, Allison Scheck; City Manager, Patrick Goff and interested citizen.
PLEDGE OF ALLEGIANCE TO THE FLAG
APPROVAL OF THE AGENDA Councilmember Urban submitted a request to Mayor Starker after the notification of this Emergency Meeting and prior to today to add four items to the agenda. The Mayor had added those four items to the agenda, which was approved as amended by the Mayor
without objection.
CITIZENS’ RIGHT TO SPEAK
That Mayor explained the process for the interested citizen’s right to speak. He invited
people in groups, according to the first letter of their last names. No one asked for the opportunity to speak.
Decisions, Resolutions, and Motions
Item 1: A RESOLUTION OF THE WHEAT RIDGE CITY COUNCIL DECLARING AN EMERGENCY AS A RESULT OF THE NOVEL CORONAVIRUS (COVID-19)
Mr. Goff recounted the Mayor’s declaration that an emergency exists, which the Mayor signed on March 18, 2020. He also explained the authority granted to the Council by Charter and Code.
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Mr. Goff also explained that reimbursements to the City for staff time and other expenses related to the Coronavirus pandemic are largely reimbursable by FEMA, but
only beginning from the time when an emergency is declared. The Mayor’s declaration
of March 18, 2020 expires 48 hours after issued, per Code. Therefore, a resolution by City Council is required to extend the declaration beyond today at 6:34 PM, the hour when the Mayor signed his declaration on March 18.
Mr. Dahl agreed with Mr. Goff’s explanations, and added several comments.
He reviewed Section 5 of Resolution 16-2020, why the language reads as it does and what it means. Mr. Dahl made special mention of the fact that the Resolution empowers the City Manager to designate others to act on his behalf in taking actions related to the
Resolution.
The Resolution would, if approved, remain in effect until the Governor’s declared State of Emergency ends. However, the Council may amend or revoke the Resolution by a majority vote in a public meeting at any time. A meeting to consider amending or
revoking the Resolution may be called at any time with proper public notice by the
Mayor, or by members of the Council, per Charter and Code. The Mayor once again invited members of the public to speak; again, no one came forth.
Councilmembers Questions, Comments and Discussion The Mayor called upon Councilmembers one by one, to facilitate the conference call format during the discussion.
Councilmember Hutchinson stated that she supported the Resolution, and agreed it is necessary.
Councilmember Urban asked whether any resident of Wheat Ridge has tested positive for the coronavirus.
Mr. Goff reported that there is one confirmed case and five homes on self-quarantine.
Councilmember Urban stated further that he agrees that the proposed Resolution is in order and asked for what kinds of expenses the FEMA may reimburse the City, and whether the reimbursements will cover expenses after the Governor lifts the State of Emergency he declared.
Mr. Goff responded with the information available at present, and an explanation that
the nation is still in the early stages of this pandemic and details remain to be clarified.
Councilmember Weaver expressed her support for the Resolution.
Councilmember Hoppe asked Mr. Dahl if Section 5 or the Resolution gives the City the power to use private property to respond to the emergency. Mr. Dahl explained that it
does provided the use is related to public health and safety endangered by the
pandemic. He illustrated his answer with examples. The City could use a supermarket
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parking lot as a staging area, or convert a vacant building, such as the former Lucky’s supermarket as a temporary facility.
Councilmember Stites recalled from an earlier comment that FEMA reimbursements are
not retroactive to prior to the City’s declaration of an emergency. He asked whether the reimbursable expense period began with Mayor Starker’s emergency declaration two days ago. Mr. Dahl responded that the City should track those expenses too, again pending further clarification of the FEMA rules.
Councilmember Stites concluded his remarks with a statement in support of the
Resolution.
Councilmember Hultin thanked the Mayor and staff for arranging to convene this meeting. She asked whether the City had ever declared a public health or other type of emergency before, and no one present could recall an example of a prior one. She
expressed her support and asked whether it would be a wise move to set a timeframe
for expiration of the Resolution.
Mr. Dahl opined that since Council will conduct regular meetings every other week going forward, and in Study Sessions between regular meetings, the Council can at any of those regular meetings, or at a Special Meeting, vote to reconsider, amend or revoke
the Declaration. Therefore, he concluded, the Resolution offers more flexibility as it
stands.
Councilmember Dozeman expressed her support and asked whether the Council will continue to meet during the period the Resolution is in effect, and whether the meetings will all be conference calls or online. Mr. Dahl noted that in Section 8 of the Resolution
states that regular meetings will continue.
Ms. Scheck explained that staff are working on a solution to enable Council meetings with public access using a combination of a commercial software called Zoom and the Wheat Ridge Speaks program, to enable full participation in the meetings.
Councilmember Nosler Beck expressed her support and asked whether in addition to
FEMA the state or county will reimburse any City expenses and if so, will this Resolution
meet those state and county standards. Mr. Dahl replied yes, the Resolution will suffice, and again indicated that the reimbursement rules and details are not all available just yet.
Councilmember Weaver asked about the rollout of Wheat Ridge Speaks, and What’s
App Wheat Ridge Ms. Scheck replied that we are working on both channels to allow
public participation.
Mr. Urban asked whether the City Manager could, under the proposed Resolution, override the Governor’s executive orders or declarations. Mr. Dahl replied that even though Wheat Ridge is a home rule City, in certain matters, including statewide
declarations of an emergency, the City may not override the Governor by law.
Councilmember Urban asked whether the Resolution would empower the City to employ private property, such as a shopping center parking lot or a building like the former Lucky’s supermarket, for potential use as a temporary hospital. Mr. Dahl opined
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that the Resolution gives the City Manager broad authority as it now reads and opined that additional language is unnecessary.
Councilmember Urban made a motion to adopt the following Resolution (16-2020),
seconded by Councilmember Hoppe:
CITY OF WHEAT RIDGE RESOLUTION NO. 16 SERIES OF 2020
TITLE: A RESOLUTION OF THE WHEAT RIDGE CITY COUNCIL DECLARING AN EMERGENCY AS A RESULT OF THE NOVEL CORONAVIRUS (COVID-19) WHEREAS, on March 10, 2020, the Governor of the State of Colorado declared a statewide state of emergency in response to coronavirus (COVID-19); and
WHEREAS, on March 14, 2020, the President of the United States declared a national
emergency in response to the coronavirus (COVID-19); and
WHEREAS, the World Health Organization has declared the coronavirus (COVID-19) to be a worldwide pandemic; and
WHEREAS, the coronavirus (COVID-19) has been confirmed to exist in Jefferson County;
and
WHEREAS, the City Council of the City of Wheat Ridge confirms that protecting the public
health is the Council’s top priority; and
WHEREAS, the City Council is empowered by Chapter 6 of the Wheat Ridge Code of Laws to do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease; and
WHEREAS, the City Council finds and determines that the adoption of this Resolution is
necessary for the promotion of health and the suppression of disease; and
WHEREAS, the City Council further finds and determines that the adoption of this Resolution is proper under Sections 31-15-401(1)(b),24-33.5-703(3), and 24-33.5-709, C.R.S., and other applicable law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1. Title. This Resolution shall be known and may be cited as the “City of Wheat Ridge Coronavirus (COVID-19) Resolution”
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Section 2. Intent. It is the intent of this Resolution to provide the necessary organization,
powers, and authority to enable the timely and effective use of all available City resources to
prepare for, respond to, and recover from the declared local public health emergency. This Resolution is intended to grant as broad a power as is permitted within the letter and spirit of the statutes governing the City Government, and this Resolution shall be interpreted in accordance with such intent. The City Council retains all power to direct the City Manager during the pendency
of the current coronavirus (COVID-19) public health emergency.
Section 3. Public Health Emergency Declared. The City Council hereby declares that a public health emergency relating to the coronavirus (COVID-19) exists within the City. Such circumstance is referred to in this Resolution as the “public health emergency.” The public shall be notified of this declaration through general dissemination to the news media, posting on the
City website, or other means of publicity intended to advise the general public.
Section 4. Duration of Declaration of Public Health Emergency. The declaration of the public health emergency as provided in Section 3 of this Resolution shall remain in effect until the Mayor declares that the emergency has passed.
Section 5. Powers. Until the Mayor declares that the public health emergency has passed,
the City Manager has full power and authority to take the following actions and issue the following
orders. In doing so, the City Manager may appoint one or more designees:
A. any action necessary for the protection of life and property, including, but not limited to establishing regulations governing conduct related to the cause of the public health emergency;
B. an order to direct and compel the evacuation of all or a part of the population from
any stricken or threatened areas within the City if the City Manager deems this action is necessary for the preservation of life, property or other public health emergency mitigation, response or recovery activities and to prescribe routes, modes of transportation and destination in connection with an evacuation;
C. an order controlling, restricting, allocating or regulating the use, sale, production or
distribution of food, water, clothing, and other commodities, materials, goods, services and resources; D. with the consent of the Mayor, an order requiring the closing of businesses deemed nonessential by the City Manager;
E. suspend City board and commission meetings to include, but not be limited to,
meetings of the City Council and Planning Commission, or modify meeting rules to allow for telephone, teleconferencing or meeting by other electronic means; F. as it relates to the City’s response to COVID-19, appropriate and expend funds, execute contracts, authorize the obtaining and acquisition of property, equipment,
services, supplies and materials without the strict compliance with procurement
regulations or procedures; G. transfer the direction, personnel, or functions of City departments and agencies for the purposes of performing or facilitating public health emergency services; H. utilize all available resources of the City as may be reasonably necessary to cope
with this public health emergency whether in preparation for, response to, or
recovery from this public health emergency;
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I. accept services, gifts, grants and loans, equipment, supplies, and materials whether
from private, nonprofit or governmental sources;
J. make application for local, state or federal assistance; K. limit the use of any City-owned or controlled building, facility, or property as to time, manner, and permitted activities, including, but not limited to, limiting the permissible number of people that may lawfully occupy such building, facility, or
property at any one time;
L. close and prohibit the use of any City-owned or controlled building, facility, or property; M. exercise such powers and functions in light of the exigencies of this public health emergency, including, but not limited to, the waiving of compliance with any
time-consuming procedures and formalities, including notices, as may be
prescribed by law pertaining thereto; or N. issue any and all other orders or undertake such other functions and activities as the City Manager reasonably believes is required under the circumstances to protect the health, safety, welfare of persons or property within the City of Wheat Ridge,
or to otherwise preserve the public peace or abate, clean up, or mitigate the effects
of the public health emergency. The restrictions may be changed from time to time during the time frame of the declaration based upon the discretion of the City Manager.
Section 6. Enforcement of Orders.
A. The members of the City’s Police Department, code enforcement, and such other law
enforcement and peace officers as may be authorized by the City Manager are hereby authorized and directed to enforce the orders, rules, and regulations made or issued pursuant to this Resolution. All members of the public shall be deemed to have been given notice of all orders, rules, and regulations made or issued pursuant to this
Resolution upon their dissemination to the news media or publication on the City
website or other means of publicity.
B. Until the Mayor declares that the public health emergency has passed, no person shall:
1. enter or remain upon the premises of any establishment not open for business to the general public, unless such person is the owner or authorized agent of the
establishment;
2. violate the provisions of this Resolution;
3. violate any of the orders duly issued by the City Manager or designee pursuant to Section 5 of this Resolution; or
4. willfully obstruct, hinder, or delay any duly authorized City officer, employee or
volunteer in the enforcement or exercise of the provisions of this Resolution, or of
the undertaking of any activity pursuant to this Resolution.
It is unlawful and a misdemeanor offense for any person to violate any provision of this Section 6. Any person convicted of a violation of this section shall be subject to the penalties set forth in section 1-5 of the Wheat Ridge Code of Laws.
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Section 7. Authority to Enter Property. During the period of the public health
emergency, a City employee or authorized agent may enter onto or upon private property if the
employee or authorized agent has reasonable grounds to believe that there is a true emergency and an immediate need for assistance for the protection of life or property, and that entering onto the private land will allow the person to take such steps to alleviate or minimize the emergency or disaster or to prevent or minimize danger to lives or property from the declared public health
emergency.
Section 8. Council, Board and Commission Meetings. For the duration of the public health emergency, meetings of the City Council, Planning Commission, Liquor Authority, and other boards and commissions of the City may be held exclusively electronically, as the Mayor may determine.
Section 9. Access to TABOR Funds. During the current public health emergency the
City Manager shall have access to the Town’s emergency funds mandated by the Taxpayer’s Bill of Rights (TABOR) as set forth in Article X, Section 20, Subsection (5) of the Colorado Constitution, entitled “Emergency reserves.” Funds utilized pursuant to this Resolution shall be replenished no later than the conclusion of the fiscal year following the end of the current public
health emergency.
Section 10. Conflict with other Laws. If any provision of this Resolution conflicts with any provision of the Wheat Ridge Code of Laws, or any provision of the City’s policies, this Resolution shall control.
Section 11. Police Power Finding. The City Council of the City of Wheat Ridge hereby
finds, determines and declares that an emergency exists in the form of the Coronavirus (COVID-
19) pandemic and that this Resolution is necessary for the immediate preservation of public property, health, welfare, peace or safety. Accordingly, the City Council determines that the adoption of this Resolution as an emergency Resolution is in the best interests of the citizens of the Town of Morrison.
Section 13. Effective date. This Resolution shall take effect immediately upon adoption
by the City Council and signature by the Mayor. This Resolution shall remain in effect until the
Governor of the State of Colorado declares the public health emergency no longer in effect, or the
Resolution is sooner terminated by the City Council.
CITY OF WHEAT RIDGE
Bud Starker, Mayor
ATTEST:
Steve Kirkpatrick, City Clerk
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Motion adopted, Resolution approved unanimously, by a vote of 8-0.
Additional Agenda Items
The Mayor recognized Councilmember Urban to introduce the four agenda items added
at his request.
1. Business Relief Grants of up to $7,500 for each business in Wheat Ridge closed by State order 20-22.
Councilmember Urban stated that there are 226 impacted small businesses in the City,
so the total cost for grants of $7,500 to each would total about $1.4 million. The sales
tax revenue these businesses have provided on an annual basis in the past is tenfold more than the proposed total grant funding. He stated further that the details of how to determine the amount of a business’s grant would require some study and consideration.
Mr. Goff explained that early, still speculative estimates of the City’s lost revenue will be
about $4 million. He has directed the department heads to begin preparing plans for specific budget cuts, and the need to comply with the requirements that the City maintain a contingency reserve fund.
He also reported that Jefferson County and the US SBA are making resources/loans
available to small businesses.
Councilmember Hoppe asked whether the staff will have a better picture of the financial impacts by the March 30th Regular Council Meeting. Mr. Goff answered that we will have no information about March sales tax revenue until April 20, 2020.
Councilmember Dozeman supported Mr. Urban’s ideas and stated that if there is a
shelter in place order the impacts on businesses will only get worse.
Councilmember Stites stated his support and asserted that the City needs to act on assistance for small businesses quickly, to ameliorate public concerns. He observed that too many citizens are still on the streets working, to feed their families in anticipation of the situation worsening.
Motion by Councilmember Urban, to direct City staff to come up with an amount of
money to be used as a financial assistant package for businesses directly impacted by Governor Polis's Public Health Order 20-22, for consideration by City Council at the March 30th meeting date. Seconded by Mr. Stites.
Councilmember Hoppe asked whether the Council should delay any consideration of
grants until the April 6th meeting.
Motion to amend Councilmember Urban’s motion, made by Councilmember Weaver and seconded by Councilmember Hultin to also require that staff prepare by March 30th projected revenue shortfall due to the pandemic. Amendment passed 8-0.
Motion: Mr. Urban then made a substitute motion, in line with Council procedural
rules, to replace his initial motion, seconded by Councilmember Dozeman, to direct City
staff to prepare for the March 30th meeting a report on the financial impacts of the
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pandemic and a proposed amount to put into a small business relief grant fund. Motion passed unanimously 8-0.
2. Governor Polis’ order allowing restaurants and hotels to sell alcoholic beverages along with food orders.
Mr. Dahl commented that to this hour the Colorado Liquor Enforcement Division (LED) has not issued rules or details on the intent and impact of the Governor’s order. He recommended that before the Council considers or proposes any action that the City
await LED clarifications and assess the initial impacts and outcomes of the Polis order
across the City.
3. Use of private property by the City to respond to the public health emergency
Councilmember Urban stated that this third of his four added agenda items had already
been discussed earlier in the meeting, during the consideration of the Resolution the
Council passed.
4. Plans in anticipation of re-opening businesses when the emergency has passed
Councilmember Urban asked what the City’s powers will be when restaurants and
schools reopen. Will the City have the power to take local actions once the Governor’s
orders get lifted?
Mr. Dahl agreed to research that question and confer with his network of municipal attorneys across the state. Mr. Goff stated that the City is also making plans to help businesses re-open.
City Manager’s Matters
Mr. Goff expressed his pleasure with the staff’s response to the emergency, and their dedication and commitment to the City and its residents.
Elected Officials’ Matters
City Clerk Steve Kirkpatrick reported that he has participated in the staff’s COVID-19
Response Team since it was formed on Monday last. Mr. Kirkpatrick expressed his
gratitude and admiration for the staff’s response, and thanked them profusely for the hard work they are doing, the long hours they are spending and the sacrifices they and their families are making
Every Councilmember expressed individually their thanks and gratitude to the City Staff,
Every Councilmember expressed individually their thanks to the people of Wheat
Ridge, who have responded to the emergency with grace, kindness and help for one another. The altruism has amazed the Councilmembers.
Councilmembers noted several other observations:
• The ‘Notify Me’ feature on the City’s website, which sends automatic updates on
CoVid-19 as they come to light, has proven very helpful.
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• Connect for Health Colorado has opened a special enrollment period from now to
April 30th. The website is connectforhealthco.com.
• Appealed to residents to continue to support local, Wheat Ridge businesses.
• The City needs to discuss with business landlords the need to give tenants leeway
during this time. No one will win if there are a series of evictions during the
emergency.
• Residents please, remember to take care of not only your physical health but also their mental health. Jefferson Center, which offers mental health services, is operating. People can reach the Center at:
o Phone 844-493-8255
o Or text Talk to 38255
• Colorado farmers are hard at work filling the food supply chain as usual, with extra effort during the emergency.
• Please, donate food to food banks; they are all running low in the face of increasing demand.
• Thanks to the healthcare workers who are on the front line of this struggle.
• Thanks to grocery store and sanitation workers for meeting the need so selflessly.
• Thanks to the police officers for their hard work, long hours and sacrifices.
• Remember that the City’s parks and greenbelts remain open and exercising there is a great way to improve health.
The Mayor thanked the staff and first responders and encouraged them to ask the City for help if they need it.
The Mayor also emphasized that the food supply chain is in good order in Colorado, so
there is no need to overbuy or hoard.
Mayor Starker also noted that the Country and the City will get through this. He stated that this is an emergency, but not a crisis.
The Country has always risen to respond to challenges like the one we face now.
ADJOURNMENT
The meeting adjourned at 4:55 pm. _____________________________ Steve Kirkpatrick, City Clerk
APPROVED BY CITY COUNCIL ON April 27, 2020 ______________________________
Janeece Hoppe, Mayor Pro Tem
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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.
CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING March 30, 2020
Note: This is the Regular Council Meeting, delayed by vote of the Council on March 13,
2020. This session replaces the regularly scheduled March 23, 2020 regular meeting.
Note: This meeting was held virtually, using Zoom video-teleconferencing technology.
As duly announced and publicly noticed, Council previously approved this format in
order to continue with normal business and respond to the CoVid-19 Pandemic and the
related public emergency orders promulgated by the President of the United States, the
Governor of Colorado, and the Wheat Ridge City Council. Before calling the meeting to
order, Mayor Starker stated the rules and procedures necessitated by this meeting
format.
Mayor Starker called the Regular City Council Meeting to order at 7:02 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ROLL CALL OF MEMBERS
Janeece Hoppe Judy Hutchinson Zachary Urban Rachel Hultin
Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck
Also present: City Clerk, Steve Kirkpatrick; City Treasurer, Chris Miller; City Attorney,
Gerald Dahl; City Manager, Patrick Goff; Police Chief Christopher Murtha;
Administrative Services Director, Allison Scheck; Community Development Director,
Ken Johnstone; other staff, guests and interested citizens.
APPROVAL OF Minutes of the Council Meetings of March 9 and March 13, 2020
Council Minutes of March 9, 2020; and Emergency Special City Council minutes of
March 13, 2020, approved without objection
PROCLAMATIONS AND CEREMONIES
Mayor Starker read a Proclamation asking all Wheat Ridge residents to complete their
2020 Decennial Census, as mandated by the United States Constitution, Article 1,
Section 2. Ms. Lilly Griego of the US Census Bureau thanked the Mayor and City for
supporting the effort to ensure a complete and accurate count of all Wheat Ridge and
Colorado residents.
City Council Minutes March 30, 2020 page 2
CITIZENS RIGHT TO SPEAK
Motion: by Councilmember Hoppe, seconded by Councilmember Urban, to suspend
the Council Rules for this meeting as follows:
• Combine into a single time segment at the beginning of the session all comments people choose to make under Citizens’ Right to Speak and under citizens’ comments on any Agenda item;
• Limit each speaker’s time for comments on any topic or agenda item to a total of 3 minutes or less; and
• Disallow yielding of time by one speaker to another speaker.
Motion passed 8-0; rules thereby suspended.
Mr. Ihor Figlus, 9775 W. 36th Ave, Wheat Ridge spoke via virtual microphone to
comment on the deployment of this virtual meeting format. He is concerned that too few
citizens know how to join the meeting using this technology, or do not have ready
access to the necessary tech, creating a barrier to public information and participation.
He urged that any Council Agenda item requiring a public hearing should be suspended
until Council meetings may once again be safely held in Council Chambers at City Hall.
He expressed specific concern about any public hearings related to zoning or re-zoning,
urging that such public hearings be delayed until in person public meetings can resume.
City Treasurer Chris Miller reported that he had received communication from a Wheat
Ridge resident expressing the same concerns about this virtual meeting format and
asking that any public hearings be delayed until such time as in person meetings
resume in Council Chambers at City Hall.
APPROVAL OF AGENDA
Without objection, on motion by Councilmember Urban seconded by Councilmember
Stites, an Agenda item 5, to consider an emergency ordinance placing a 30-day ban on
any short-term rentals within the City of Wheat Ridge, effective April 1, 2020, was added
to the Agenda.
CONSENT AGENDA
No items
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
No items
ORDINANCES ON FIRST READING
No items
DECISIONS, RESOLUTIONS AND MOTIONS
1. Resolution No. 17-2020 - a resolution amending the fiscal year 2020 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $15,630 for the purpose of accepting grants for the promotion of the 2020 Census
City Council Minutes March 30, 2020 page 3
Councilmember Hoppe introduced Resolution 17-2020.
Motion by Councilmember Hoppe to approve Resolution 17-2020, seconded by
Councilmember Stites.
After due deliberation and discussion, the motion passed unanimously 8-0.
2. Resolution No. 18-2020 - a resolution of the City of Wheat Ridge, Colorado
approving the use of electronic consent for signatures on Ordinances, Resolutions, contracts and other instruments requiring the City’s signature.
Councilmember Dozeman introduced Resolution 18-2020.
City Attorney Dahl explained the reasons this resolution is needed during this
emergency, that the Council upon passing this Resolution would thereby allow
electronic signatories to approve documents with full force and effect. He also noted
that documents requiring notarization may be approved by the City Clerk electronically.
When the current public health emergency abates and the officials whose signatures
are required on certain documents can visit City Hall, then those persons will still affix
original ink signatures to all documents approved with an email communication.
Motion by Councilmember Dozeman to approve Resolution 18-2020, seconded by
Councilmember Urban. Motion passed 8-0.
3. Motion to approve the revisions to City of Wheat Ridge Emergency Operations
Plan
Police Chief Murtha and Commander Salser explained that the changes to the EOP are
minor and reflect logistical issues. The changes also correct typos and align Wheat
Ridge with other municipalities and the Jefferson County Office of Emergency
Management.
Councilmember Urban asked whether this revised plan fits the current CoVid-19
emergency; Chief Murtha answered that it does. Mr. Urban suggested that the City
revise this plan following the end of the current public health emergency, to reflect what
we learn during and after the current emergency. Chief Murtha and Commander Salser
agreed.
Motion by Councilmember Weaver, seconded by Mayor Pro-Tem Hoppe to approve the
revised Emergency Operations Plan. Motion passed 8-0.
4. A motion approving funding for a Wheat Ridge Business Recovery Program in response to COVID-19 and Colorado Department of Public Health and Environment Public Health Order 20-22
This item appears as follow-up to a motion passed during the Emergency City Council
session on March 20, 2020.
Council, Treasurer Miller, and City Manager Goff engaged in a lengthy and detailed
discussion of the proposed funding and the impact of the current public health
City Council Minutes March 30, 2020 page 4
emergency on City revenues. They both emphasized that any projection is only as
good as the assumptions underlying it, and that we will not know much about lost
revenues, or the extent to which the budget will have to be revised, for many weeks yet.
Treasurer Miller reported that the City has already acted to allow businesses to delay
remitting their sales taxes to the City for up to 90 days, beginning April 1, 2020. The tax
obligations are not cancelled; the program allows businesses to delay payment of their
taxes.
The discussion, including many comments and questions from Council, focused on
various details:
• How to determine which businesses would be eligible for funds?
• The form the funds would take: grants, bridge loans, or a combination.
• Conditions for the funding of individual businesses, including specific costs to be defrayed by the Business Recovery Program and assurances that the business
will recover and continue to operate, rather than closing.
• How to coordinate business recovery funding with Federal (SBA, FEMA, and others), State and County funds and programs to help small businesses recover quickly and operate soundly.
• What existing or newly created committee, group or agency will accept applications and make decisions on individual funding applications without any actual conflict of interest or the appearance of a conflict of interest.
• How to ensure input to the process from local business owners.
• How much to allocate to funding the Business Recovery Program.
On advice of City Attorney Dahl, this action by Council needed to be a Resolution to
amend the budget and appropriate the funds, as well as provide parameters and
processes for funding applications.
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 19
Series of 2020
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2020
GENERAL FUND BUDGET TO REFLECT THE APPROVAL
OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE
AMOUNT OF $250,000 FOR THE PURPOSE OF PROVIDING
A BUSINESS RECOVERY PROGRAM AND DIRECTING THE
CITY MANAGER TO IMPLEMENT SAID PROGRAM
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be
effected by the City Council adopting a resolution; and
WHEREAS, Wheat Ridge City Council acknowledges the hardship imposed by the
COVID-19 emergency; and
City Council Minutes March 30, 2020 page 5
WHEREAS, the Council recognizes the importance and significance of small
businesses to the health and vitality of Wheat Ridge; and
WHEREAS, the Council finds that assistance is necessary to support businesses
during this time; and
WHEREAS, the Council wishes to establish and fund a business recovery program
for eligible businesses within the City; and
WHEREAS, insufficient appropriations in the 2020 Budget exist to cover this
program.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. A transfer of $250,000 is hereby approved from the General Fund
undesignated reserves to account 01-105-700-719 and the 2020
revenues are amended accordingly.
Section 2. The City Manager is authorized and directed to implement a small
business recovery program for eligible businesses within the City,
and to develop eligibility criteria and procedures for the same.
Motion by Councilmember Urban to approve Resolution 19-2020, seconded by Mayor
Pro-Tem Hoppe, passed 8-0.
5. Consideration Motion to ban short term rental of residential units of less than 14 days, effective April 1-30.
Councilmember Urban introduced this item. A lengthy and detailed discussion of a ban,
in what form, for what period ensued.
Several Councilmembers have received communications from residents expressing
concern that STR may be occupied by individuals who arrive in Wheat Ridge
unknowingly, or knowingly, contagious with CoVid-19. In at least one instance, an STR
appears to have been occupied by people who traveled to Wheat Ridge from out of
state locations where the CDC has indicated there is a high rate of infections, a “hot
spot.”
Councilmembers had questions and concerns:
• How can we ban all STR and still support recovery of Wheat Ridge residents who operate STR as their primary or secondary source of income?
• How would the City, specifically the PD, enforce such a ban?
• How would a ban on STR impact healthcare workers who have rented lodgings during the pandemic? Some doctors, nurses, advanced practices nurses, and other healthcare workers have decided to avoid going to their homes and infecting their families, and so are lodging in an STR. There are also healthcare
workers who have taken temporary jobs to care for coronavirus patients and are
staying in STR while they work to help our citizens recover.
City Council Minutes March 30, 2020 page 6
• How would a ban on STR impact people from outside the City who have come to
help family members weather the pandemic public health emergency?
• How many actual incidents have been identified, of people coming to stay in STR in Wheat Ridge, from outside the area? Is there enough, actionable information to make a significant public policy decision with little resident input?
• Is it feasible to sanitize an STR between renters? How long should an STR lodging sit unoccupied; quarantined until any virus particles have expired?
• Can the Council delay action for a time, or does the situation present enough risk
to require immediate, emergency action?
After lengthy discussion and deliberation, Councilmember Urban offered a proposal.
Motion by Councilmember Urban, seconded by Councilmember Hutchinson, to ban all
residential property rentals for less than 14 days for a period of 30 days beginning April
1, 2020.
Motion carried by a vote of 5-3, with Councilmembers Hoppe, Hultin and Nosler Beck
voting nay.
CITY MANAGER’S MATTERS
Mr. Goff announced where to find information or links to several sources that people
can find on the City’s website, including information of interest not only to businesses
but also to all residents.
CITY ATTORNEY’S MATTERS
Mr. Dahl had no items at this time.
ELECTED OFFICIALS’ MATTERS
Councilmember Valerie Nosler Beck expressed her agreement with Mr. Ihor Figlus’s
comments during Citizen’s Right to Speak this evening, that this virtual meeting format
is problematic for many citizens. She proposed that all matters requiring public hearing
be delayed until such time as Council can meet in person again in Council Chambers.
Councilmember Korey Stites asked what impacts would result if Council delayed any
public hearings until after the emergency passes and Council can meet in person again.
Mr. Goff replied that several developers and landowners await action on zoning
requests and noted that citizens may still express their positions directly to
Councilmembers, through Wheat Ridge Speaks, or call in to express their opinions
during virtual public hearings.
Mr. Stites congratulated local businesses for their rapid and flexible responses to the
emergency, literally changing their operating modes overnight.
Councilmember Leah Dozeman expressed appreciation to the City’s residents for their
efforts to endure this emergency and reminded everyone that we are all in this together
and we shall prevail together.
City Council Minutes March 30, 2020 page 7
Councilmember Rachel Hultin thanked Allison Scheck, Director of Administrative
Services, for her efforts to keep things operating during this pandemic. She also
encouraged citizens to patronize local businesses that have pivoted and are offering
goods and services online during this period.
Ms. Hultin also noted that she enjoys seeing people out and about while maintaining
proper social distancing, but also noted that too many people are letting dogs off leash.
This creates dangerous situations, not only to the animals but also to people who must
intervene when off-leash dogs misbehave.
Councilmember Zach Urban noted how well the City is responding to the pandemic and
gave special thanks to Parks and Recreation staff for their efforts to keep our parks and
open spaces open and accessible for citizens.
Mr. Urban also thanked the staff at Lutheran Hospital for their tireless efforts, especially
the healthcare workers who are on the front lines of this fight.
Mr. Urban also noted that he, like Councilmember Hultin, has seen too many dogs
running about off-leash.
Councilmember Judy Hutchinson acknowledged that these are confusing and troubling
times, and urged that citizens do their part to endure the pandemic, especially
maintaining social distance and washing their hands. She especially thanked the City
staff, our grocery workers and US Post Office employees for their service, the risk they
are taking and the sacrifices they are making.
Councilmember Janeece Hoppe appreciates the opportunity to recreate and exercise in
our open spaces. She has also noted a few instances when children playing outdoors
are failing to maintain a 6-foot distance from others and urged parents/adults caring for
children to remind them frequently that the children must also maintain social
distancing.
Ms. Hoppe also announced an event held on Friday, April 3rd by Wheat Ridge Business
Center, including details on hours, registration and contact information
Ms. Hoppe also announced an effort to help Wheat Ridge small businesses through gift
cards issued by individual businesses. She invited interested parties to contact her or
Councilmember Korey Stites for further details.
Councilmember Amanda Weaver thanks the people of Wheat Ridge for their response,
and the City staff for their flexible and helpful responses.
City Treasurer Miller shared his screen online to help everyone find the webpage on the
City website where local business can find information on deferring their sales tax
payments.
Mayor Bud Starker expressed his confidence that the City and our people will endure
and prosper. While we have an emergency, we are not in a crisis. He thanked the
City Council Minutes March 30, 2020 page 8
staff, Council and residents for their tireless efforts and contributions to the general
welfare.
ADJOURNMENT
The City Council Meeting adjourned at 9:43 pm.
_____________________________ Steve Kirkpatrick, City Clerk
APPROVED BY CITY COUNCIL ON April 27, 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.
ITEM NO: DATE: April 27, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 05-2020 – AN ORDINANCE APPROVING AN AMENDMENT TO THE EXISTING PLANNED MIXED USE DEVELOPMENT (PMUD) ZONING TO INCREASE THE ALLOWABLE HEIGHT FOR HOSPITAL USES AT CLEAR CREEK CROSSING (CASE NO. WZ-19-10)
PUBLIC HEARING ORDINANCES FOR 1ST READING (03/09/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (04/27/2020)
RESOLUTIONS (continued from 4/13/2020)
QUASI-JUDICIAL: YES NO
_______________________________ ______________________
Community Development Director City Manager
ISSUE: The applicant is requesting to modify the underlying zoning to increase the allowable height for
hospital uses. A hospital is already a permitted use in the existing zoning, and the existing
zoning also contemplated 6-story employment uses. However, a hospital built to six stories requires an additional 12 feet of height to meet design requirements and current building codes. The applicant is also seeking a limited additional height allowance to accommodate a rooftop elevator associated with a helipad.
PRIOR ACTION: Planning Commission heard the request at a public hearing on February 20, 2020, and recommended approval. The Planning Division staff report and draft meeting minutes are attached.
This request was originally scheduled to be heard at public hearing on April 13, 2020, however, it was determined that one component of the required public hearing notification process was not properly completed. Specifically, the publication of notice in the Wheat Ridge Transcript, while accomplished, incorrectly stated that the meeting would be held in City Hall at 7500 W. 29th
Avenue. Due to the COVID-19 City Hall closure that meeting had been changed to a virtual Zoom Webinar format. Notice of that change in venue was mailed to adjacent property owners,
1
Council Action Form – CCC ODP Height Amendment
April 27, 2020
Page 2 and reflected on the physical posting of the property and City website; however, the Transcript
published notice was not properly updated.
On the April 13 meeting date, no applicant or public testimony was taken, and City Council continued the agenda item to the April 27 regular business meeting. FINANCIAL IMPACT:
Fees in the amount of $1,079 were collected for the review and processing of Case No. WZ-19-10. If the development advances, next steps would include a Specific Development Plan and building permits, and review fees as well as use tax would be paid as part of those processes. BACKGROUND:
The applicant is requesting to modify the underlying zoning to increase the allowable height for hospital uses. The property is zoned Planned Mixed Use Development (PMUD) and more specifically is subject to the Clear Creek Crossing Outlined Development Plan (ODP) and Design Pattern Book (DPB) which were approved by City Council in 2018 (Case No. WZ-16-
07).
This request seeks to modify the maximum height standards only for a portion of the property (Planning Area 1 only). Per Section 26-307 of the municipal code, any change to a development parameter within a planned development is processed the same as the original approval, meaning
this request requires review at public hearings before Planning Commission and City Council.
Existing Conditions The subject property is commonly known as Clear Creek Crossing, and is located west of Interstate 70, south of Highway 58, and north of 32nd Avenue. Properties surrounding Clear
Creek Crossing have a variety of land uses and zoning designations. Within Wheat Ridge, that
includes Clear Creek Trail and the Coors water storage facilities; the Applewood Golf Course and a large-lot single-family neighborhood are adjacent to the site but outside the City boundary. In total Clear Creek Crossing is approximately 110 acres in size, and Planning Area 1 (PA 1)
comprises approximately 25 acres of the site. In the approved zoning documents, PA 1 is
proposed to have a major employer. The applicant, SCL Health, purchased the land in 2018 and has started preliminary site planning. That effort has resulted in this request for increased height. Proposed Height Amendment
SCL Health is seeking to construct a medical campus in Planning Area (PA) 1 including a
hospital building that is six (6) stories in height. Additionally they are requesting an allowance for a rooftop elevator and other auxiliary structures associated with a rooftop helipad. Under current zoning standards, the maximum permitted height in PA 1 is 90 feet for “primary
employment uses;” this generally accommodates a six-story office building. While a hospital is a
permitted use in PA 1, the current zoning does not specifically contemplate a different height standard for a hospital use. The proposed amendment would modify the maximum building
Council Action Form – CCC ODP Height Amendment
April 27, 2020
Page 3 height in PA 1 by adding two new categories to the maximum height standards; those proposed
categories are shown in red in the table below.
Maximum Building Height in PA 1
(black text shows existing height standards, red text denotes the two categories proposed by this request)
Commercial / Retail / Other Single Commercial Uses: 62’ – 0”
Residential Uses: 65’ – 0”
Primary Employment Uses: 90’ – 0”
Mixed Use (Defined as Vertical Integration of Uses): 90’ – 0”
Hospitals: 102’ – 0”
Elevators and Entry Vestibules for Access to Rooftop Helipads on Hospitals: 135’ – 0” (limited to a maximum area of 2,500 sf)
There are no other changes to the zoning or to the ODP or DPB documents. The proposed
amendment is written as narrowly as possible so as not to increase the maximum height of other land uses or functions. The 102-foot height limit would accommodate the design requirements and building codes for a six-story hospital. The additional height for the elevator and vestibule is limited in size to the smallest possible footprint of 2,500 square feet—likely a small portion of
the overall roof. If the request is approved, specific building and site design would be subject to
review by staff and the Planning Commission in a Specific Development Plan application. The applicant’s letter of request as well as a complete analysis of the zone change criteria is enclosed for review as part of the Planning Division Staff Report.
RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application.
As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10;
Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. Per City Code, the City Council shall use the criteria in Section 26-303 of the code to evaluate
the applicant’s request for a zone change. A detailed Planning Commission staff report is
enclosed with this criteria analysis, as well as additional information on the existing conditions and zone districts. Staff is ultimately recommending approval of this request. RECOMMENDED MOTION: “I move to approve Council Bill No. 05-2020, an ordinance approving an amendment to the
existing Planned Mixed Use Development (PMUD) zoning to increase the allowable height for hospital uses at Clear Creek Crossing, on second reading, and that it takes effect 15 days after final publication, for the following reasons: 1. The Planning Commission has recommended approval of the rezoning after conducting a
proper public hearing.
Council Action Form – CCC ODP Height Amendment
April 27, 2020
Page 4 2. The proposed rezoning has been reviewed by the Community Development Department,
which has forwarded its recommendation of approval.
3. The proposed rezoning has been found to comply with the criteria for review in Section 26-603 of the Code of Laws. Or,
“I move to deny Council Bill No. 05-2020, an ordinance approving an amendment to the existing Planned Mixed Use Development (PMUD) zoning to increase the allowable height for hospital uses at Clear Creek Crossing for the following reason(s) _______________ 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 Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill No. 05-2020 2. Planning Division Staff Report
3. Planning Commission Draft Meeting Minutes
4. Written Public Comment – received as of April 16, 2020
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES
COUNCIL BILL NO. 05 ORDINANCE NO. 1687 Series of 2020 TITLE: AN ORDINANCE APPROVING AN AMENDMENT TO THE
EXISTING PLANNED MIXED USE DEVELOPMENT (PMUD) ZONING TO INCREASE THE ALLOWABLE HEIGHT FOR HOSPITAL USES AT CLEAR CREEK CROSSING (CASE NO. WZ 19-10)
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, SCL Health submitted a land use application for approval of an amendment to the existing Planned Mixed Use Development (PMUD) zoning for
property at Clear Creek Crossing; and,
WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan, Envision Wheat Ridge, which calls for the site to function as a mixed use regional destination including employment uses; and,
WHEREAS, the existing zoning allows for a hospital but does not specifically contemplate height standards for hospital uses; and,
WHEREAS, the zone change criteria support the request; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on February 20, 2020 and voted to recommend approval of the application, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by SCL Health for approval of an amendment to the existing Planned Mixed Use Development (PMUD) zoning at Clear Creek Crossing, and pursuant to the findings made based on testimony and evidence
presented at a public hearing before the Wheat Ridge City Council, a zone
change is approved for the following described land: CLEAR CREEK CROSSING SUBDIVISION FILING NO. 2 AND OUTLOOK AT CLEAR CREEK CROSSIGN SUBDIVISION, CITY OF WHEAT RIDGE,
COUNTY OF JEFFERSON, STATE OF COLORADO
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 6 to 0 on this 9th day of March 2020, ordered it published with Public Hearing and consideration on final passage set for Monday, April 13, 2020 at 7:00 o’clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, rescheduled for Monday,
April 27, 2020 at 7:00 o’clock p.m., as a virtual meeting, 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 day of , 2020. _________________________
Bud Starker, Mayor
ATTEST: _________________________ Steve Kirkpatrick, City Clerk
Approved as to Form _________________________
Gerald Dahl, City Attorney
1st publication: March 12, 2020 2nd publication: April 16, 2020 3rd publication: April 30, 2020 Wheat Ridge Transcript:
Effective Date: May 15, 2020
Case No. WZ-19-10 / CCC Height Amendment 1
CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT
REVIEW DATES: February 20, 2020 (Planning Commission) / April 13, 2020 (City Council)
CASE MANAGER: Lauren Mikulak
CASE NO. & NAME: WZ-19-10 / CCC Height Amendment
ACTION REQUESTED: Request for approval of an amendment to the underlying zoning to increase the allowable height for hospital uses at Clear Creek Crossing
LOCATION OF REQUEST: West of I-70 between Highway 58 and approximately 33rd Avenue
APPLICANT (S): Davis Partnership Architects, on behalf of SCL Health
OWNER (S): SCL Health and Evergreen Devco
APPROXIMATE AREA: Approximately 109 acres
PRESENT ZONING: Planned Mixed Use Development (PMUD)
COMPREHENSIVE PLAN: Mixed-Use Commercial, Regional Commercial Center
ENTER INTO RECORD: Comprehensive Plan Case File & Packet Materials Zoning Ordinance Digital Presentation
Location Map (subject site outlined in red)
ATTACHMENT 2
Case No. WZ-19-10 / CCC Height Amendment 2
JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case.
I. REQUEST The applicant is requesting to modify the underlying zoning to increase the allowable height for hospital uses. The property is zoned Planned Mixed Use Development (PMUD) and more specifically
is subject to the Clear Creek Crossing Outlined Development Plan (ODP) and Design Pattern Book
(DPB) which were approved by the City in 2018 (Case No. WZ-16-07). This request seeks to modify the maximum height standards only a portion of the property (Planning Area 1 only). Per Section 26-307 of the municipal code, any change to a development parameter within
a planned development is processed the same as the original approval, meaning this request requires
review at public hearings. Planning Commission will make a recommendation to City Council who is the final authority for approval. II. SURROUNDING LAND USES AND ZONING
The subject property is commonly known as Clear Creek Crossing, and is located west of Interstate 70, south of Highway 58, and north of the existing development near 32nd Avenue. Properties surrounding Clear Creek Crossing have a variety of land uses and zoning designations. To the north is Clear Creek Trail. To the northwest are Coors water storage facilities; those within Wheat Ridge are zoned Planned
Commercial Development (PCD). The Applewood Village Golf Course and a large-lot single-family
home neighborhood are located to the west and southwest in unincorporated Jefferson County (Exhibit
1, Aerial). Within Wheat Ridge, directly south of the subject property, land uses are generally highway oriented
and include a gas station, hotel, and restaurants, all zoned PCD. Interstate-70 abuts the property to the
east and across I-70 to the east is the Applewood Village shopping center with various retail/restaurant uses (Exhibit 2, Zoning Map). III. PROPERTY HISTORY & PROPOSED ZONING
Property History & Development Status Rezoning to a planned development in the City of Wheat Ridge involves a two-step process, and for the subject property, the 2018 approval of the ODP and DPB comprised the first step. These two regulatory documents establish the allowed uses and development standards for the property and
establish access configurations for vehicles, pedestrians, and bicycles. While rare in Wheat Ridge, a
design pattern book is common for developments of this size, for which formatting flexibility including photos and graphics are necessary to explain substantive development standards. The second step for development in a PMUD requires approval of Specific Development Plans (SDPs)
for each building, lot, or phase. SDPs focus on specific details of a development such as architecture,
site design, and landscaping. The Planning Commission is the final authority for approval of SDPs. In September 2019, the Commission approved the SDP for the multifamily component of the property at the north end of the site. Several other SDPs are at various stages of staff review and are expected to advance to public hearings in 2020.
Case No. WZ-19-10 / CCC Height Amendment 3
In terms of infrastructure, Denver Water completed their construction of a new 80-inch water line in 2019, and hook ramp construction is well underway. The developer is also actively constructing Clear Creek Drive and W. 40th Avenue—the two primary public streets within the development.
Planning Areas The approved zoning documents organize the subject site into eight “Planning Areas” (PAs) each with different permitted uses and development standards (Exhibit 3, Planning Areas). As the master developer, Evergreen Devco, has worked to develop the site and identify tenants for each planning
area. The purpose and use of each planning area is described below:
• PA 1: In zoning documents, this planning area is envisioned as a major employer. SCL Health (SCLH) purchased the land in 2018 and has started preliminary site planning. That effort has resulted in this request for increased height in PA 1. The request is further described below.
• PA 2: The SDP for multifamily development was approved in 2019 and vertical construction is expected to start this spring.
• PA 3: This planning area is envisioned as a walkable commercial area, and will include a mix of restaurant and retail uses across several buildings. Development of PA 3 will be phased and
will include several SDPs, one of which is currently under review.
• PA 4: This planning area is located on either side of the hook ramps and envisioned to have more highway- or auto-oriented uses. An SDP for a three-story bank/office building is currently under review for the north portion of PA 4. The south potion of PA 4 will accommodate two
tenants. One of which, a gas station, has an SDP currently under review.
• PA 5, 6, and 7: These planning areas are envisioned to have larger format land uses, such as larger retail users, entertainment uses, and hotels. There are no active SDP applications for these planning areas though they are expected in 2019.
• PA 8: This planning area abuts Clear Creek and is not developable. It includes regional drainage facilities and will remain as open space. Planning Area 1 – Height Amendment This application is a request to increase the maximum allowable height to allow development of a
medical campus on Planning Area 1. The applicant is seeking to construct a hospital building that is six (6) stories in height. Additionally they are requesting an allowance for a rooftop elevator and other auxiliary structures associated with a rooftop helipad. Under current zoning standards, the maximum permitted height in PA 1 is 90 feet for “primary
employment uses.” While hospitals are a permitted use in the ODP in PA 1, the current zoning does not specifically contemplate a different height standard for a hospital use. The proposed amendment would modify the maximum building height in PA 1 by adding two new categories to the maximum height standards; those proposed categories are shown in red in the table below. There are no other changes to the zoning or to the ODP or DPB documents. Exhibit 4 is a redline version of page 25 of the
Design Pattern Book; if the height amendment is approved, that page represents the only change to the zoning.
Case No. WZ-19-10 / CCC Height Amendment 4
Maximum Building Height in PA 1
(Black text shows existing standards; red text denotes the proposed amendment by addition of two categories.)
Commercial / Retail / Other Single Commercial Uses: 62’ – 0”
Residential Uses: 65’ – 0”
Primary Employment Uses: 90’ – 0”
Mixed Use (Defined as Vertical Integration of Uses): 90’ – 0”
Hospitals: 102’ – 0”
Elevators and Entry Vestibules for Access to Rooftop
Helipads on Hospitals: 135’ – 0” (limited to a maximum area of 2,500 sf)
The proposed amendment is written as narrowly as possible so as not to increase the maximum height or other land uses or functions. The 102-foot height limit would accommodate a six-story hospital. The
additional height for the elevator and vestibule is limited in size to the smallest possible footprint of 2,500 square feet. The applicant’s letter of request provides additional reasoning and also provides an illustration of the proposed rooftop equipment which is commonly associated with rooftop helipad functions (Exhibit 6, Applicant Submittals). IV. REVIEW CRITERIA As noted above, this amendment is processed in the same manner as the original approval, and as such is subject to the planned development review criteria outlined in Section 26-303.D. Planning Commission and City Council shall base their decision in consideration of the extent to which the
following criteria are 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 change in maximum height is not expected to have a significant adverse effect on the surrounding area. The applicant has demonstrated that a rooftop helipad reduces impacts and improves safety as compared with a ground based facility (Exhibit 6, Applicant Submittals). They have also demonstrated that the increase in height for the main building will be nearly imperceptible. The additional height afforded to the elevator and vestibule will be located in the
middle of the roof to minimize visibility. Planning Area 1 is closest to the interstate and the height is not expected to have a negative effect on surrounding planning areas or existing neighborhoods southwest of the project. When originally approved, the PMUD zoning was found to add value to the property and
surrounding community by enabling a more robust, economically sustainable, and vibrant regional center. This change in height does not affect that finding. Staff concludes that this criterion has been met.
Case No. WZ-19-10 / CCC Height Amendment 5
2. The development proposed on the subject property is not feasible under any other zone district, and would require an unreasonable number of variances or waivers and conditions. Hospital development in Wheat Ridge is allowed only within a planned development or mixed use
zone district. The proposed height cannot be achieved through a variance and may only be
achieved through an amendment to the development standards within the existing PMUD. Staff concludes that this criterion has been met. 3. 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 applicant and master developer are responsible for installing and upgrading infrastructure to serve the development. They have been working with the appropriate service providers, including water, sanitation, and fire districts as well as dry utility companies. The change in height will not
affect the ability for these providers to serve the property. Staff concludes that this criterion has been met. 4. 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.
The PMUD zoning is consistent with the City’s adopted plans, which have long called for a mixed used regional development on the site. The Comprehensive Plan designates this area as “mixed-use commercial” with a “regional commercial center” and employment uses.
A hospital campus meets the goals of the comprehensive plan by serving as a regional
destination and primary employment use. 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. There is no evidence of an error with the current Planned Mixed Use Development (PMUD) zoning designation as it appears on the City zoning maps.
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.
The character of the area is changing as the mixed use vision of Clear Creek Crossing is being delivered. The current zoning allows for a wide range of uses in Planning Area 1. At the time
Case No. WZ-19-10 / CCC Height Amendment 6
that the PMUD zoning was approved, SCL Health was a new partner to the project and was under contract to purchase PA 1. Based on subsequent planning work, SLCH has refined their needs for PA 1 and refined their
vision for the services they are seeking to provide to the community. It is appropriate to
recognize this evolution and establish a height standard that recognizes the unique needs of a hospital use. Staff concludes that this criterion has been met.
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.
The zoning still achieves the mixed use vision outlined by Envision Wheat Ridge. Neither the
comprehensive plan nor the PMUD zoning, however, were detailed enough to recognize the unique needs of a hospital use. It is appropriate to recognize the use with a specific height standard.
Staff concludes that this criterion has been met.
Staff concludes that the criteria used to evaluate zone change support this request. V. NEIGHBORHOOD MEETING
Prior to submittal of an application for a zone change, an applicant is required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on October 23, 2019. Three (3) members of the public
attended the meeting in addition to the applicant and staff. General questions were asked about the
functionality and height of the hospital and helipad. The applicant addressed concerns regarding potential impacts and noise. A complete summary of the meeting is included in Exhibit 7, Neighborhood Meeting Notes. VI. AGENCY REFERRALS
A referral was sent to service agencies who may be affected by the change in building height. There were no concerns expressed by the City of Wheat Ridge Engineering Division, City of Wheat Ridge Building Division, West Metro Fire Protection District, or Clear Creek Crossing Architectural Control
Committee.
Another referral will be made when a Specific Development Plan are submitted in the future. VII. STAFF CONCLUSIONS AND RECOMMENDATIONS
Staff concludes that the proposed amendment to the zoning 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 the change in height does not affect the demand on public infrastructure. Finally, Staff concludes that the zone change is consistent with the goals and objectives of the
Case No. WZ-19-10 / CCC Height Amendment 7
Comprehensive Plan and the existing zoning. It is appropriate to amend the zoning to recognize the unique needs of a hospital use. VIII. SUGGESTED MOTIONS
Option A: “I move to recommend APPROVAL of Case No. WZ-19-10, a request for amendment to the underlying zoning to increase the allowable height for hospital uses at Clear Creek Crossing, for the following reasons:
1. The zoning promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. 2. The change in height does not affect the demand on public infrastructure. 3. The amendment is consistent with the goals and objectives of the Comprehensive Plan and
purpose of underlying zoning.
4. It is appropriate to amend the zoning standards to recognize the unique needs of a hospital use.” Option B: “I move to recommend DENIAL of Case No. WZ-19-10, a request for amendment to the underlying
zoning to increase the allowable height for hospital uses at Clear Creek Crossing, for the following
reasons: 1.
2. …”
Case No. WZ-19-10 / CCC Height Amendment 8
EXHIBIT 1: AERIAL
Case No. WZ-19-10 / CCC Height Amendment 9
EXHIBIT 2: ZONING MAP
Case No. WZ-19-10 / CCC Height Amendment 10
EXHIBIT 3: PLANNING AREAS
Case No. WZ-19-10 / CCC Height Amendment 11
EXHIBIT 4: DPB REDLINE
Case No. WZ-19-10 / CCC Height Amendment 12
Attached are submittals from the applicant, including:
• Cover letter
• Section view of proposed Clear Creek Crossing site
• Section and aerial view from a different hospital project illustrating prototypical rooftop
equipment
• Photosimulations showing the proposed height
EXHIBIT 5: APPLICANT SUBMITTALS
SCLHealthClearCreekCrossingCampusͲWheatRidge,Colorado
ODPAmendmentCoverLetter
January22,2020
PROJECTSUMMARY
Ownership/ApplicantInformation
Landowner/Applicant:
SistersofCharityofLeavenworthHealthSystemInc.
500EldoradoBoulevard,Suite4300
Broomfield,CO80021
Contact:BruceFong,(303)813Ͳ5130
ApplicantRepresentative
DavisPartnershipArchitects
2901BlakeStreet,Suite100
Denver,CO80205
Contact:LynnMoore,(303)308Ͳ2532orCharleyMeyer,(303)308Ͳ2623
PurposeofRequest
ThepurposeofthisrequestistoamendtheexistingClearCreekCrossingOutline
DevelopmentPlan(ODP)toallowforincreasedheighttosupporttheneedsofa
proposedhospitalfacilityonthe“PAͲ1,MillDistrict”SitewithintheoverallClear
CreekCrossingdevelopment.
Currently,theapprovedODPallowsforamaximumbuildingheightof90’onthe
property.Ourproposedefficientandeffectivehospitalfacilityemphasizesstacked
floorplateswithinternalverticalcirculation(overhorizontal).Thisminimizespatient
andstafftraveldistancesandresultsinmoreexpedientpatientcare.Additionally,the
sitewherethehospitaldevelopmentisproposedtooccuriscompactinsizeanddoes
notsupportagroundlevelhelipadsoweareproposingaroofͲtophelicopterlanding
areathatisservedbyanelevationandvestibuledirectlyconnectingittocritical
hospitalservices.
Toaccommodatetheabovefacility,weareproposingaheightof102’to
dimensionallyaccommodatealloccupiedfloorsofthehospitalandthebuilding
parapet.Thepatiententryvestibuleandelevatoroverrun/equipmentroomto
supportaccesstothehelipadwillexceedthe102’buildingheightsoweareseeking
additionalheightforthissmallareaofthebuilding.Werequestamaximumheight
of135’foronlytheareawherethehelipad,elevatorandvestibulearelocatedonthe
hospitalbuildingandhaveidentifiedthatthemaximumsize/areaofthisincreased
heightislimitedtoatotalareaof2,500squarefeet.Inotherwords,the135’height
willbelimitedbythisamendmenttoaverysmallportionoftheproperty.
PleasereferencetheSectionDiagraminthisapplicationforspecificinformationon
thelocationandareafortherequestedheights.
SCLHealthClearCreekCrossingCampus–ODPAmendment
January22,2020
2
HeightJustification:Foruseasadirectreference,includedwiththissubmittalisa
pagefromtheconstructiondocumentsfortherecentlycompletedSt.JosephHospital
inDenvershowingtheheightoftheelevatoroverrun&machine/equipmentroom
aboveit.Theprojectwasconstructedin2013andisagoodexampleofwhatis
proposedforClearCreekCrossing.Thedifferenceinheightbetweenthetopofthe
parapetandthetopofthewalloftheelevatormachineroomatSt.Josephhospital
is31’.TheproposedHospitalinClearCreekCrossinghassimilarneedsandweare
requestingaheightof33’abovetheparapet.St.Josephhospitalwasdesigned8years
ago,andelevatorsystemtechnologieschangeovertimesotheadditional2’ofheight
providesuswithneededdesignflexibilitytoaccommodatecurrenttechnologiesand
codeclearancerequirements.
Safety:Placingthehelipadontheroofofthehospitalisthesafestandmostefficient
solutionformosthospitalsforseveralreasons,andmostcertainlyforthistightsite.
Helipadroofplacementsupportsthemostexpedienttransferofpatientsfromthe
helicoptertotheemergencyfacilitieswithinthehospital,whichisalwaysthehighest
priority.Arooftophelipadisalsothesafestmethodforahelicoptertoaccessthe
hospitalbecausetherearefewerverticalobstructionstonavigatewithonarooftop.
Thisresultsinsafer/quickertakeͲoffsandlandingsandallowsforthehelicopterto
takeͲoffintothewind,theoptimaldirectionforhelicopters.Pedestriansafetyisalso
increasedwithrooftopversusgroundlevelhelipadsbecausetheyreducethe
likelihoodofdangerousswirlingwindandairbornedebristhattypicallyoccursfrom
therotorsatgroundlevel.
Noise:Impactstoneighboringdevelopmentfromnoisegeneratedbyhelicoptersis
bettermitigatedbyhelipadsonarooftopthanthoseatgroundlevel.Aquicker
takeoff/landingallowsfornoisefromthehelicoptertobeintheareaforalesser
durationandwiththeelevatedheight,thenoisevolumeisreducedasthedistance
adjacentpropertiesisincreased.Noisefromthehelicopterdoesnothavethe
opportunitytoreverberateoffverticalsurfacesofthehospitalandbouncetoward
adjacentpropertiesreducingthechancethatthesoundisamplifiedhorizontally
towardanadjacentproperty.
Forthereasonsdescribedabove,webelievethatthisrequestedheightforavery
smallportionofthebuildingisessentialtotheefficientplanninganddesignofastateͲ
ofͲtheͲarthospitalfacilityfocusedonsavinglives.
PleaseseetheattacheddrawingformtheSt.JosephHospitalconstructiondocuments
describingthefunctionalheightneededabovetheparapettosupportarooftop
helipad.
GeneralProjectConcept
Theoverallvisionforthe26.93ͲacresitealongIͲ70intheClearCreekCrossing
DevelopmentistocreateamedicalcampustoserveWheatRidgeresidentsandthe
westmetrocommunity.Thisfacilitywillreplacetheexisting,agingLutheranMedical
Center.
SCLHealthClearCreekCrossingCampus–ODPAmendment
January22,2020
3
Theinitialfacilitieswilllikelyincludea200Ͳbedhospitalplusshelledspacefor50
additionalbedswithservicessimilartoLutheranMedicalCenterandaseparate,freeͲ
standingmedicalofficebuildingontheproperty.Thehospitalfacilitywillgenerally
includealarger2Ͳstorybuildingofsharedserviceswitha4Ͳstorypatienttowerabove
itforatotalof6stories.Thisbuildingmodel,typicaltootherfacilitiesintheDenver
Metroareaandthemedicalindustry,iseffectiveandefficientinsupportingthe
deliveryofhighͲqualitymedicalservicestocommunitieslikeWheatRidge.For
comparison,LutheranMedicalCenteriscurrentlya6Ͳstoryhospital.
ParkingwillbeprovidedinbothsurfacelotsandinamultiͲstorystructure.Ahelipad
forhelicoptersarriving/takingoffviathedefinedFAAtravelcorridors(typically
highways)willbeprovidedontopofthepatienttower.
OutͲpatientfocusedmedicalofficefacilitieswillbedevelopedinphasesthroughout
thepropertytoprovideconvenientcommunitymedicalservices.Typically,theseare
constructedthroughagroundleasearrangementbythirdpartyprivatedevelopers
independenttothemainhospital.Initialstudiesshowlandcapacitytosupport
approximately100,000–200,000sfofoutͲpatientfacilities.
Asapointofreference,LutheranMedicalCenteriscurrentlya6Ͳstoryhospital.
Becauseofitsage,thefloorͲtofloorheightsarelowerthanwhatisexpectedfor
modernhospitalfacilities.Overthedecades,greatermechanicalandtechnology
needs,alongwithchangesincoderequirements,haverequiredmorespacebetween
floorstoprovidelifeͲsavinginfrastructureforpatientcare.Theapproximateincrease
ofamodernhospitalfloorͲtoͲfloorheightisapproximately1Ͳ1/2feet.
November 15, 20190
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Case No. WZ-19-10 / CCC Height Amendment 13
NEIGHBORHOOD MEETING NOTES
Meeting Date: October 23, 2019
Attending Staff: Stephanie Stevens, Senior Planner
Location of Meeting: City of Wheat Ridge City Hall – Council Chambers
Property Address: Clear Creek Crossing, northwest corner of 40th Avenue and
I-70
Property Owner(s): SCL Health
Property Owner(s) Present? Yes
Applicant: Bruce Fong, SCL Health
Anne Lutz, SCL Health
Steven Chyvng, SCL Health
Lynn Moore, Davis Partnership Architects
Charley Meyer, Davis Partnership Architects
Applicant Present? Yes
Existing Zoning: Planned Mixed Use Development (PMUD)
Existing Comp. Plan: Regional Commercial Center, Mixed-Use Commercial
Existing Site Conditions: The site is considered a part of the Clear Creek Crossing Planned Mixed Use Development (PMUD). It
is located to the west of I-70 and east of the future Clear Creek Drive. The site is currently vacant, but was platted in 2018 and construction is underway on infrastructure within the overall development. At this point, the only development that has an approved Specific Development Plan (SDP) at the site is a multifamily development north of the future W. 40th Avenue and east of the future Clear Creek Drive.
Applicant/Owner Preliminary Proposal: The applicant would like to create a medical campus to serve the Wheat Ridge and west Denver metro community on a 26.88-acre site along the west side of I-70 in the Clear Creek Crossing Development. The medical campus would be in Planning Area 1 (PA 1) of the PMUD. They envision the campus to
initially consist of a hospital and a medical office building, with parking provided by surface lots and a multi-story parking structure. The hospital facility is proposed to be a total of 6 stories, typical to other hospital facilities in the Denver metro area and the medical industry. A helipad for helicopters
EXHIBIT 6: NEIGHBORHOOD MEETING NOTES
Case No. WZ-19-10 / CCC Height Amendment 14
arriving/taking off via defined Federal Aviation Administration (FAA) travel corridors (typically highways) is proposed on top of the main hospital building. The purpose of this request is to amend the existing Clear Creek Crossing PMUD Outline
Development Plan (ODP) to increase the maximum building height of 90 feet to support the needs of
the hospital facility. The proposed 102-foot building height shown in the site plans would accommodate all occupied floors of the hospital and the building parapet. Rooftop mechanical equipment, the patient entry vestibule, elevator overrun/equipment room to support access to the helipad, and rooftop antennae/FAA regulated safety apparatus will exceed the 102-foot building
height. Therefore, the applicant is proposing to increase the maximum building height allowed to 135
feet to accommodate all the aforementioned features.
The following is a summary of the neighborhood meeting:
• In addition to the applicant and staff, 3 members of the public attended the neighborhood meeting, per the sign-in sheet.
• Staff discussed the site and its zoning.
• The applicant and members of the public were informed of the process for an ODP Amendment.
• The members of the public were informed of their opportunity to make comments during the process and at the public hearings.
• Meeting attendees were able to provide comments on the proposal. The following comments were made regarding the ODP Amendment and proposed development:
• Does the helipad have to be that high?
The sight area is tight and grounded helipads create increased risk for danger to the patients
because they must then be transported from the helicopter into the building via an ambulance and/or stretcher. It is most efficient for the helipad to be located on the rooftop.
• Doesn’t the rooftop helipad have higher impacts on the neighbors?
Noise will largely be mitigated by the highway and being on the roof, as opposed to being on the
ground which would be much louder.
• How many flights are there per day?
There are approximately 5 life flights per month at our current location, many which serve to
transport patients to Children’s Hospital.
• How often will we hear sirens from ambulances?
Audible ambulances are only used when absolutely necessary.
• If the height is not allowed to increase, would a helipad still be possible?
Yes, but the design would not be as efficient and would likely have greater impacts because of the tight sight area.
• How much of the building is proposed to be 135’ high?
The elevator space is all that needs to be 135’ high, and that takes up about 2500 square feet.
• Why does the building need to be 102’ high?
Case No. WZ-19-10 / CCC Height Amendment 15
The building has been designed with greater floor heights for purposes of function, not more floors
than what we have at our current location. It is not our intent to build bigger, but to simply relocate what we have now.
• When do you expect the hospital to open?
The hospital will likely open around March of 2024.
• What is going to happen to the old hospital?
The hospice center will most likely stay. We hope to be able to repurpose the North tower, which was built recently. Many of the office buildings on site are under separate ownership, and might
stay depending on what that owner wants to do. In short, some portions will remain, but the
hospital itself will close and relocate. Portions of the property will be sold.
• Concerns were expressed related to noise and disruption to the neighborhood, especially because of ambulances and helicopters.
SCL intends to work with the neighbors to minimize disruption.
• This development is and will continue to increase traffic in our neighborhood.
Once the barriers are down and roadways for the development are constructed, traffic will be largely mitigated.
• Our neighborhood feels unprotected.
Fencing, sound barriers, and walls are being addressed with the overall Clear Creek Crossing development.
• Will you still see Coors brewery/views?
Yes.
• Why do you have to go vertical?
The shape and geography of the lot create challenges. A ground helipad would not be nearly as efficient or safe for the patient.
• Won’t this decrease our property values?
The zoning already allows for a hospital, and nothing is proposed to change in terms of use.
• Is there anything that can be done to mitigate sound?
SCL will be as transparent as possible, and minimize the use of audible sirens as much as possible.
We have a history of working with our neighbors at our current location, and intend to continue
that positive and open relationship here. We rarely have concerns about noise from the residences surrounding our current location.
• Consider sound barriers, enforced windows, and dust control for the neighbors as a negotiating
factor in allowing this to happen.
Prior to the neighborhood meeting, staff received 1 phone call from others in the area regarding the proposal. Should this proposal become a land use case, all written statements will be included in the case file, along with this meeting summary.
Planning Commission Minutes – 1 –February 20, 2020
PLANNING COMMISSION Minutes of Meeting
February 20, 2020
1.CALL THE MEETING TO ORDER
The meeting was called to order by Chair OHM at 7:02 p.m. in the City CouncilChambers 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 Richard Peterson
Jahi Simbai
Vivian Vos
Commission Members Absent: None
Staff Members Present: Lauren Mikulak, Planning Manager
Scott Cutler, Planner II Jordan Jefferies, Civil Engineer II Tammy Odean, Recording Secretary
3.PLEDGE OF ALLEGIANCE
4.APPROVE ORDER OF THE AGENDA
It was moved by Commissioner PETERSON and seconded by Commissioner VOSto approve the order of the agenda. Motion carried 8-0.
5.APPROVAL OF MINUTES – February 6, 2020
It was moved by Commissioner SIMBAI and seconded by Commissioner LARSONto approve the minutes of February 6, 2020, as written. Motion carried 6-0-2 with
Commissioners ANTOL and LEO abstaining.
ATTACHMENT 3
Planning Commission Minutes – 4 – February 20, 2020
He also had concerns about parking and does not think the current and proposed
sidewalks will match up. He also wanted to know if there will be a 6ft. privacy
fence between the development and the residents on Jay Street. Ms. Mikulak mentioned that these are all site design issues and staff would be
happy to share the site design plan in the office. She quickly shared that there will
be parking on site with garages, parking adjacent to the commercial lot, and subterranean parking below the commercial building. She added the site plan is
administratively approved and is compliant with all Mixed-Use zoning standards. It was moved by Commissioner LEO and seconded by Commissioner ANTOL to recommend APPROVAL of Case No. WS-18-04, a request for approval of a major subdivision on property located at 6230 W. 38th Avenue, for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the
zoning and development code have been met.
2. All agencies can provide services to the property with improvements installed at the developer’s expense. With the following conditions:
1. Prior to recordation, the applicant shall pay the required fees-in-lieu of parkland dedication. 2. The developer shall enter into a Subdivision Improvement Agreement and a lot sale restriction covenant agreement prior to recordation of the subdivision plat.
3. Prior to issuance of building permits, the developer shall provide
owner association covenants for review by staff. Motion carried 6-2 with Commissioner KERNS and VOS voting against.
B. Case No. WZ-19-10: an application filed by Davis Partnership Architects, on behalf of SCL Health for approval of an amendment to the underlying zoning to
increase the allowable height for hospital uses at Clear Creek Crossing.
Commissioner SIMBAI disclosed he is on the Board for SCL Health. Ms. Mikulak asked if he would have any financial interest in this application and if he can remain impartial and fair in this decision-making process despite his
participation on the SCL Health Board.
Commissioner SIMBAI confirmed he has no financial gain due to this case and can remain impartial on the voting process. Based on these answers, Ms. Mikulak confirmed he is eligible to participate in the hearing and should not recuse himself.
Planning Commission Minutes – 5 – February 20, 2020
Ms. Mikulak gave a short presentation regarding the amendment 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 if this amendment is approved does it change the Design Pattern Book or the Code. Ms. Mikulak explained that Planned Developments are not codified, but they are
recorded and the Design Pattern Book is a recorded document so it will show up on
title work. Commissioner LARSON wanted confirmation that this amendment applies only to this project and not the City’s Code.
Ms. Mikulak confirmed this to be true and stated all Planned Development are property-specific and are separate from the City Code.
Commissioner OHM asked what the underlying zoning is for this property and asked about the height standards in relation to other mixed use zone districts.
Ms. Mikulak said the zoning is Planned Mixed Use Development (PMUD) and explained the point of reference are the four different Mixed-Use Developments. She also explained that this is an exempted area and it can exceed 50 feet in height.
She explained how the maximum heights were established in the mixed use codes
and why they don’t work for the hospital use. When the mixed use districts were written, there was a public process including visual preference surveys, and the community determined that 4-, 6-, and 8-story buildings were appropriate in those areas were more density was being encouraged. Working with industry experts,
those story heights were translated in to maximum heights of 62/65, 90 and 118
feet respectively. Those height assumptions were based on office uses. A 6-story building for a hospital use has to be taller than 90 feet because of different building codes. Commissioner ANTOL inquired if the elevator is needed to access the helipad and
if a noise study is necessary for helicopters.
Ms. Mikulak mentioned the City does not have a noise requirement. She added it is preferable to have a helipad adjacent to the highway because they tend to follow
highway corridors for flight.
Commissioner LEO asked why the height issue is being addressed now instead of earlier.
Planning Commission Minutes – 6 – February 20, 2020
Ms. Mikulak explained that during the Outline Development process there is no
specific design plan. She added that during this ODP process there was a different
hospital partner for part of the process. The applicant has now had the time to work through conceptual designs to determine their needs. If the height amendment is not approved then it will affect the applicant’s ability to provide the
services they have envisioned and they may have to go back to the drawing board
to figure out how this site will be designed.
Steven Chyung, applicant 2541 S. Monroe St., Denver Mr. Chyung gave a brief history of SCL Health, the location of the project, and the
visualization of why the height increase is being requested. He mentioned that by putting the helipad on the roof there will be noise reduction and it is the safest and easiest way to access the emergency room. He noted that the site is not a heliport (no elevator is stationed there) but will likely see an average of 5 helicopter trips
per month.
Commissioner LARSON asked if there is any aviation concerns about wind with the helipad being on the roof.
Mr. Chyung mentioned that the helicopter can be oriented more quickly if put into
the wind, which makes the takeoff more efficient.
Commissioner VOS asked which direction the helicopter would take off in.
Mr. Chyung explained it would depend on the wind direction and then the
helicopter will orient over the highway. In response to a question from Commissioner VOS about the hospital’s setback from the interstate, Ms. Mikulak explained that is part of the final site plan design
and will be decided at a later time, but the minimum setback established in the
zoning is 5-feet per story and it is likely the hospital will exceed the minimum
setback. Commissioner VOS then asked if the helipad could be placed on the parking garage.
Mr. Chyung explained that the most efficient way for the patient to get to the OR and/or ER from the helicopter is in a direct vertical path from the hospital roof down into the OR/ER. Transporting a patient from a different building on the
campus would not work.
Commissioner VOS wanted to know the current height of the stories at Lutheran Hospital on 38th Avenue and the proposed height of the stories for the hospital at Clear Creek Crossing.
Planning Commission Minutes – 7 – February 20, 2020
Bruce Fong, architect
500 Eldorado, Broomfield Mr. Fong said the current height of Lutheran Hospital stories is 12 to 13 feet per
story and the proposed height at Clear Creek Crossing is 15 to 18 feet per story. He
explained some of the contemporary medical equipment in ERs and OR that require taller ceiling heights. Commissioner KERNS asked how this hospital will have positive health outcomes for patients being so close to the I-70 Highway, due to noise, vibration and air
quality. He expressed serious concerns about the hospital being sited so close to the
interstate. Mr. Chyung said there will be better access to the hospital being adjacent to the highway. With regards to air and noise pollution, the hospital is built to take the
pollutants out of the air and meet regulatory standards.
Ms. Mikulak and Commissioner OHM reminded the Commission that the hospital is a permitted use and the purpose of this meeting is strictly to decide the height of
the hospital.
Commissioner OHM asked if the trauma level 3 designation will change with or
without the helipad. Mr. Chyung said no the trauma level designation is not determined by the helipad.
Tara Laventure, resident
13167 W. 33rd Ave., Golden Ms. Laventure mentioned her concerns are with air pollution from the active
construction site, noise from the helicopter and the height of the building.
Chair OHM closed the public forum and asked staff to respond to public comment.
Ms. Mikulak explained the height of the hospital will be 102 feet with only the
elevator portion on the roof being at 135 feet. She also clarified that noise is not addressed in the zoning code, it is considered a nuisance issue elsewhere in the
code of laws and applies to all uses in the City. Noise is considered a nuisance if is sustained.
Commissioner LARSON asked what the building timeline is for the hospital.
Ms. Mikulak said she does not have that answer, but it will take longer because it is the largest portion of the property.
Planning Commission Minutes – 8 – February 20, 2020
Commissioner LEO asked what the next steps are for the Planning Commission for
Clear Creek Crossing.
Ms. Mikulak said the review of the Specific Development Plans for this planning area and others would be the next step.
In response to a question from Commissioner VOS regarding the impact on wildlife due to helicopters flying through the area, Ms. Mikulak mentioned there
was an Environment Assessment done per federal regulations in association with the hook ramp infrastructure.
Commissioner ANTOL asked about the timeline of the projects and what the
importance is for having a helipad. Mr. Chyung explained that to be a licensed acute care hospital the requirement is a helipad. He confirmed the height is necessary to achieve the goals of the hospital
campus.
Commissioner VOS asked why they are reviewing the proposed height without a proposed site plan.
Ms. Mikulak said is customary and appropriate to establish the development
parameters, including the maximum height, so the applicant knows the parameters
to which they are designing. Chair OHM called for a motion.
It was moved by Commissioner KERNS and seconded by Commissioner VOS
to recommend DENIAL of Case No. WZ-19-10, a request for amendment to
the underlying zoning to increase the allowable height for hospital uses at Clear Creek Crossing, for the following reasons:
1. The siting and zoning does not promote the positive health outcomes and general welfare of hospital staff, patients and the community. 2. Noise and elevated ambient sound levels due to the adjacent freeway are unbefitting of a height increase for a hospital and associated health campus. 3. Vibration, including low, mid, and high resonant frequencies due to the
adjacent freeway are unbefitting of a height increase for a hospital and associated health campus. 4. Air quality, including elevated levels of ultra-fine particulates, black carbon, nitrogen oxides, carbon monoxide, volatile organic compounds, and particle-bound polycyclic aromatic hydrocarbons (PPAH).
Leading to respiratory infections, heart disease, COPD, stroke, asthma,
reduced pediatric lung function, and lung cancer. These listed reason
Planning Commission Minutes – 9 – February 20, 2020
are unbefitting of a height increase for a hospital and associated health campus.
5. It is not appropriate to amend zoning standards to recognize the
unique needs of a hospital use at this site. There was no discussion.
Motion failed 5-3 with Commissioners ANTOL, LARSON, OHM,
PETERSON and SIMBAI voting against. Chair OHM called for an alternate motion.
It was moved by Commissioner LARSON and seconded by Commissioner PETERSON to recommend APPROVAL of Case No. WZ-19-10, a request for amendment to the underlying zoning to increase the allowable height for hospital uses at Clear Creek Crossing, for the following reasons:
1. The zoning promotes the health, safety and general welfare of the
community and will not result in a significant adverse effect on the surrounding area. 2. The change in height does not affect the demand on public infrastructure. 3. The amendment is consistent with the goals and objectives of the
Comprehensive Plan and purpose of underlying zoning. 4. It is appropriate to amend the zoning standards to recognize the unique needs of a hospital use.
There was no discussion.
Motion carried 5-3 with Commissioners KERNS, LEO and VOS voting against. C. Case No. ZOA-20-02: an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to the design and plating of multifamily development and attached single family homes.
Ms. Mikulak gave a short presentation regarding the ordinance 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 requirements have been met, therefore the Planning Commission has jurisdiction to hear this case.
Commissioner PETERSON asked if the building footprint will remain the same with a lot line adjustment.
www.evgre.com
Arizona I California I Colorado I Utah
March 30, 2020
Lauren Mikulak, AICP
Planning Manager, Community Development Department
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80033
RE: Case No. WZ‐19‐10
Dear Ms. Mikulak,
We are reaching out to you regarding the above‐referenced zoning case, an application filed by Davis
Partnership Architects, on behalf of SCL Health for approval of an amendment to the underlying zoning to
increase the allowable height for hospital uses at Clear Creek Crossing. As you know, Evergreen Devco’s
Multifamily group began construction in November 2019 on a 310‐unit luxury apartment community on Lot 2
Block 1 at Clear Creek Crossing. While our group did not have a representative at the Planning Commission
Hearing on February 20, 2020, we reviewed the minutes from this meeting and discussed with the Applicant’s
representative Lynn Moore, with Davis Partnership Architects.
From our early engagement in the Clear Creek Crossing ODP in 2017, we welcomed an opportunity to develop
an apartment community at CCC precisely because it was located within a mixed‐use planned community
located along I‐70 with plans for new and improved access to the freeway. The 12‐acre site that we purchased
in October is located immediately adjacent to the SCL site and south of Clear Creek and Highway 58, which
connects to Golden. As we are part of Evergreen Development, we were aware in early 2018 that there were
several hospital groups interested in purchasing Lot 1 Block 1, also identified as the “Mill District” in the CCC
ODP and associated Design Pattern Book. Given the location of the “Mill District” visible from Highway 58 and
adjacent to WB I‐70, the desirability of this location for hospital use seemed obvious given the parcel size as well
as its excellent accessibility both locally and regionally.
We have always been very supportive of a hospital use at this location. A hospital and associated facilities are
an important asset in a community; to have a new SCL Health campus within walking distance will not only
provide nearby medical facilities but will offer significant employment at Clear Creek Crossing. Nearby
employment will be very good for our community, strengthening average occupancy.
As SCL Health moved forward with its planning effort of both services as well as site design, they have
communicated with us often. We support their request for additional building height to support modern design
requirements as well as an optimally located helipad for both safety and access. From our perspective, any
noise issues associated with helicopters or emergency vehicles come along with being located near a hospital.
Clear Creek Crossing is an urban setting and noises come along with a location near a major interstate highway,
whether the hum of traffic, ambulance sirens or the occasional helicopter transporting a patient in need of
critical emergency services. We understand that a rooftop helipad optimizes access for a quick take‐off/landing
and most likely minimizes the time the helicopter is present in the area. A rooftop helipad seems to make for a
safer environment with less impact on the surrounding development and community, as a ground‐level landing
ATTACHMENT 4
March 30, 2020 Evergreen Devco Page 2
pad creates noise reverberation as well as the danger of flying debris. Further, a larger, multi‐floor building at
the proposed height will likely buffer some of the current highway noise from neighbors to the west, creating a
more urban environment that is desirable at this interstate location.
We hope that this letter communicates our overall support of SCL Health’s future hospital at Clear Creek
Crossing. A hospital campus will bring important medical services to the overall community as well as important
employment that will directly benefit our planned apartment community.
Sincerely,
Jeff Wikstrom
Principal and Regional President
cc: Tyler Carlson, Managing Principal ‐ Evergreen Devco
Steven Chyung, SVP Supply Chain and Real Estate – SCL Health
Lynn Moore, Principal – Davis Partnership Architects
www.evgre.com
Arizona I California I Colorado I Utah
March 30, 2020
Lauren Mikulak, AICP
Planning Manager, Community Development Department
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80033
RE: Case No. WZ-19-10
Dear Ms. Mikulak,
On behalf of Evergreen-Clear Creek Crossing, L.L.C., the owner and developer of the Clear Creek Crossing project
I am writing in support of the above-referenced zoning case, an application filed by Davis Partnership Architects
on behalf of SCL Health, for approval of an amendment to the underlying zoning to increase the allowable height
for hospital uses in Clear Creek Crossing. SCL Health purchased Clear Creek’s 26-acre employment site and is a
very important partner in the success of this public-private partnership with the City of Wheat Ridge, which
includes significant regional public infrastructure as part of the City’s “Investing 4 the Future” program. While
we did not have a representative at the Planning Commission hearing on February 20, 2020, we reviewed the
minutes from this meeting and discussed with the Applicant’s representative Lynn Moore, with Davis
Partnership Architects, the details of their applications and support their request.
We support SCL’s application for an ODP amendment for additional building height to support its programming
requirements as well as an optimally located rooftop helipad for both safety and access. It is our understanding
that a rooftop helipad optimizes access for a quick take-off/landing and minimizes the time the helicopter is in
flight. A rooftop helipad offers a safer environment with less impact on Clear Creek Crossing and the Applewood
neighborhood, as a ground-level helipad can create noise reverberation as well as the danger of flying debris.
We support Planning & Zoning’s recommendation for this application’s approval by Wheat Ridge City Council on
April 13, 2020. An approval of this ODP amendment is an important step in SCL Health’s site planning effort and
future construction of a modern medical campus in the coming years in Clear Creek.
Sincerely,
Tyler Carlson
Managing Principal
cc: Jeff Wikstrom, Principal and Regional President - Evergreen Devco
Steven Chyung, SVP Supply Chain and Real Estate – SCL Health
Lynn Moore, Principal – Davis Partnership Architects
ATTACHMENT 4
Wheat Ridge Speaks
Published Comments for April 13, 2020 City Council Meeting
Item 2 - Zoning Amendment at Clear Creek Crossing
I am completely dismayed that the hospital construction is planned for directly across from 38th at
Youngfield. My biggest worry is that tall buildings would be built directly blocking the entire community's
view of Table Mountain. That view is our city's heritage and part of our identity. And now they are asking
to INCREASE the height ?
And frankly it is so sneaky that the sign posting of the meeting was posted INSIDE the development
where no citizen ever drives and could have seen it. Please city council, don't just think about the
revenue here. I was raised here and I value very much my view of Table Mountain and those hills. Don't
take it away from us!
04/11/2020 6:50 pm
Karen Johnson
11175 W 40th Ave
Wheat Ridge, 80033
I am STRONGLY OPPOSED to increasing the height of the hospital and adding a helipad. This would be
terrible for our neighborhood. Seems very sneaky of the developer to do this and to ask for the
amendment while we are all stuck at home. In addition, the sign posting of the meeting was posted
INSIDE the development where no citizen ever drives and could have seen it. Seriously?? How was the
public supposed to know about this? I urge Wheat Ridge City Council to either refuse this request or
WAIT until the public is given adequate time to respond.
04/12/2020 12:51 pm
Jessica Tsuo
14600 Crabapple Rd
Golden, 80401
Wheat Ridge Speaks
Published Comments for April 13, 2020 City Council Meeting
Citizens' Right to Speak - April 13, 2020
Regarding the zoning request change for Clear Creek Crossing(W2-19-10,) to increase the height of
structures; this will be vehemently opposed by the residents in the area. This is not appropriate. We will
involve our political officials if necessary, to prevent this. It does not fit this environment!
04/11/2020 7:21 pm
l du Mont
13990 crabapple
golden, 80401
ITEM NO: DATE: April 27, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 07-2020 – AN ORDINANCE VACATING ANY INTEREST HELD BY THE CITY IN A PORTION OF
YOUNGFIELD SERVICE ROAD, A PUBLIC ROADWAY
PUBLIC HEARING ORDINANCES FOR 1ST READING (03/09/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (04/27/2020) RESOLUTIONS (continued from 4/13/2020)
QUASI-JUDICIAL: YES NO
____________________________ ______________________________ Community Development Director City Manager
ISSUE: The City of Wheat Ridge holds rights-of-way in trust for the public. A portion of right-of-way (“ROW”) at the north end of the Youngfield Service Road, located on the west side of Interstate 70, has been deemed to be unnecessary by the Engineering Division and is proposed to be vacated.
PRIOR ACTION: The portion of the Youngfield Service Road cul-de-sac ROW at issue was originally dedicated by a plat approved by the Wheat Ridge City Council on May 9, 2011.
This ordinance was originally scheduled to be heard at public hearing on April 13, 2020,
however, it was determined that one component of the required public hearing notification process was not properly completed. Specifically, the publication of notice in the Wheat Ridge Transcript, while accomplished, incorrectly stated that the meeting would be held in City Hall at 7500 W. 29th Avenue. Due to the COVID-19 City Hall closure that meeting had been changed to
a virtual Zoom Webinar format.
On the April 13 meeting date, no applicant or public testimony was taken, and City Council continued the agenda item to the April 27 regular business meeting.
2
Council Action Form – Youngfield Service Road ROW Vacation
April 27, 2020
Page 2 FINANCIAL IMPACT: None. The ROW is currently owned and maintained by the City of Wheat Ridge.
BACKGROUND: The subject ROW is adjacent to the southeast corner of the Clear Creek Crossing project. Over the last 10 years there have been a series of subdivision plats processed for the Clear Creek
Crossing project, including the following:
PLAT: RECORDING INFO/DATE: Clear Creek Crossing Subdivision Filing No. 1 Rec#2011072532 / May 9, 2011 Clear Creek Crossing Subdivision Filing No. 2 Rec#2018063556 / July 13, 2018
Kum & Go replat Lot 1, Block 3, CCC Filing 2 Currently under staff review
Historically, the Youngfield Service Road ROW has run parallel to I-70 on the west side of the highway, within the Colorado Department of Transportation (“CDOT”) jurisdiction. The Clear Creek Crossing Subdivision Filing No. 1 plat dedicated to the City of Wheat Ridge several
internal roads that would replace portions of the Youngfield Service Road (including Clear
Creek Drive and W. 40th Avenue). In addition, the plat dedicated a small area of ROW for the Youngfield Service Road to allow for completion of a cul-de-sac (turn-around bulb) to be located at the southeast corner of Clear Creek Crossing. The ROW dedication would allow the cul-de-sac bulb to be constructed on the east side of Lot 1, Block 4, Clear Creek Crossing Subdivision
Filing No. 1.
As conceptual development plans for Clear Creek Crossing have evolved, an alternative design has been deemed more appropriate, and the ROW for the cul-de-sac is no longer required. The Clear Creek Crossing Subdivision Filing No. 2 plat granted a 24’ wide access easement
along the southerly portion of said Lot 1, being the southernmost parcel of the subdivision. The
24’ access easement is currently proposed to be replaced by yet a wider, 36’ wide access easement (the “Easement”) upon recordation of the Kum & Go replat of Lot 1, Block 3, currently in process and under staff review. The 36’ Easement will allow traffic to flow freely through the southerly portion of Lot 1, Block 3, Clear Creek Crossing Subdivision Filing No 2,
from Clear Creek Drive on the west to the Youngfield Service Road ROW on the east.
The Easement area will essentially function as a private drive, and therefore negate the need for the cul-de-sac originally proposed at the Youngfield Service Road terminus. Since traffic flow will now be continuous from Clear Creek Drive through the Kum & Go to the Youngfield
Service Road, the originally proposed turn-around bulb will not be constructed should this
vacation be approved. The CDOT-controlled ROW will remain intact. CDOT has approved the alternative design and this proposed ROW vacation. RECOMMENDATION: Staff recommends approval of the ROW vacation and associated ordinance.
Council Action Form – Youngfield Service Road ROW Vacation
April 27, 2020
Page 3 RECOMMENDED MOTION: “I move to approve Council Bill No. 07-2020, an ordinance vacating any interest held by the
City in a portion of Youngfield Service Road, a public roadway on second reading and that it take effect 15 days after final publication.” Or,
“I move to postpone indefinitely Council Bill No. 07-2020, an ordinance vacating any interest held by the City in a portion of Youngfield Service Road, a public roadway for the following reason(s) ________________.
REPORT PREPARED AND REVIEWD BY:
Dave Brossman, Development Review Engineer Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill No. 07-2020 2. Legal Description 3. Vacation Exhibit Aerial
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER NOSLER BECK
COUNCIL BILL NO. 07 ORDINANCE NO. 1689 Series 2020 TITLE: AN ORDINANCE OF THE CITY OF WHEAT RIDGE
VACATING ANY INTEREST HELD BY THE CITY IN A PORTION OF YOUNGFIELD SERVICE ROAD, A PUBLIC ROADWAY WHEREAS, the City of Wheat Ridge holds public rights-of-way in trust for the
public and the landowners abutting such rights-of-way; and
WHEREAS, a portion of right-of-way along the westerly side of the Youngfield Service Road is unneeded for public roadway purposes; and
WHEREAS, pursuant to the authority granted by C.R.S. §§ 31-15-702(1)(a)(I) and 43-2-301 et seq., the Council of the City of Wheat Ridge, Colorado, has determined
that the nature and extent of the public use and the public interest to be served is such
as to warrant the vacation of this area; and
WHEREAS, a drainage and utility easement shall be retained by the City of Wheat Ridge over the entirety of the right-of-way proposed for vacation; and
WHEREAS, the portion of the Youngfield Service Road right-of-way to be
vacated and which is the subject of this ordinance is more fully described on Exhibit A
attached hereto and fully incorporated herein by this reference; and
WHEREAS, no property abutting said public roadway will be left without an established public road or private-access easement connecting said land with another established public road.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Vacation. To the extent of any City interest therein, the following portion of the Youngfield Service Road right-of-way is hereby vacated, the same being no longer required for public use and the public interest will be served by
such vacation, as more particularly described on the attached Exhibit A.
Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed.
Section 3. Recording. This Ordinance shall be filed for record with the office of the Jefferson County Clerk and Recorder.
Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on the
9th day of March 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 April 13, 2020 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, rescheduled for April 27, 2020 at 7:00 p.m., as a virtual meeting, 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 day of , 2020.
_________________________
Bud Starker, Mayor ATTEST:
_________________________ Steve Kirkpatrick, City Clerk
Approved as to Form
_________________________ Gerald E. Dahl, City Attorney
First Publication: March 12, 2020 Second Publication: April 16, 2020 Third Publication: April 30, 2020 Wheat Ridge Transcript
Effective Date: May 15, 2020
Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us
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ZINNIA CT WR Te ch nolog ie s Inc
DATE: 02/10/2020
Horizontal Coordinate S yste m :NAD83/92 S tate Plane , Colorado Ce ntral Zone 0502
Ve rtical Datu m : NAVD88
7500 We st 29th Ave nu eWh e at Ridg e , CO 80033-8001303.234.5900
DISCLAIMER NOTICE:
Th is is a pictorial re pre se ntation of g e og raph ic and de m og raph ic inform ation. Re liance u pon th e accu racy,re liability and au th ority of th is inform ation is sole ly th ere qu e stor’s re sponsibility. Th e City of Wh e at Ridg e , in Je ffe rson Cou nty, Colorado - a political su bdivision of th e S tate of Colorado, h as com pile d for its u se ce rtain com pu te rize d inform ation. Th is inform ation is availableto assist in ide ntifying g e ne ral are as of conce rn only. Th e com pu te rize d inform ation provide d h e re in sh ou ld only be re lie d u pon with corroboration of th e m e th ods, assu m ptions, and re su lts by a qu alifie d inde pe nde nt sou rce . Th e u se r of th is inform ation sh all inde m nify andh old fre e th e City of Wh e at Ridg e from any and all liabilitie s, dam ag e s, lawsu its, and cau se s of action th atre su lt as a conse qu e nce of h is re liance on inform ation provide d h e re in.
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ATTACHMENT 3
ITEM NO: DATE: April 27, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 08-2020 – AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 9 OF THE WHEAT
RIDGE CODE OF LAWS CONCERNING SMOKING IN
PUBLIC PLACES
PUBLIC HEARING ORDINANCES FOR 1ST READING (04/27/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (05/11/2020) RESOLUTIONS
QUASI-JUDICIAL: YES NO
______________________ _________________________ City Attorney City Manager
ISSUE: Article II of Chapter 9 of the Wheat Ridge Code of Laws is being amended to reflect changes to the state smoking law, upon which the City’s previous ordinance was based.
PRIOR ACTION: Council last amended the smoking ordinance through Ordinance No. 1584 in 2015.
FINANCIAL IMPACT: None
BACKGROUND: HB19-1076 made some significant changes to C.R.S. 25-14-202, et seq. (Colorado Clean Indoor Air Act) including, but not limited to:
•Definition for Electronic Smoking Devices (ESDs) was added to reflect the use ofESDs (i.e., inhaling, exhaling, synthetics, lighted/heated cigars, cigarettes, etc.);
•Significantly changing the definition of "Smoking" to conform with the newdefinition of ESDs;
3
CAF – Smoking in Public Places Date: April 27, 2020 Page 2
• Increasing the entryway distance requirement from fifteen (15) feet to twenty-five (25) feet.
• Changing references to "environmental tobacco smoke" to "secondhand smoke"
throughout;
• Removing, amending, or clarifying certain General Smoking Restrictions;
• Deleting certain Exceptions to Smoking Restrictions; and
• Significant deletions to the paragraphs in the "Optional Prohibitions" section.
RECOMMENDATIONS: Staff recommends approval of the ordinance.
RECOMMENDED MOTION: “I move to approve Council Bill No. 08-2020, an ordinance Amending Article II of Chapter 9 of the Wheat Ridge Code of Laws Concerning Smoking in Public Places upon first reading, order it published, public hearing set for Monday, May 11, 2020 at 7:00 p.m. as a virtual meeting, and that it take effect 15 days after final publication.
Or “I move to postpone indefinitely Council Bill No. 08-2020, an ordinance Amending Article II of Chapter 9 of the Wheat Ridge Code of Laws Concerning Smoking in Public
Places for the following reason(s)___________________________________________.” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill No. 08-2020 2. HB19-1076
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _____________
COUNCIL BILL NO. 08 ORDINANCE NO. ______ Series of 2020 TITLE: AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 9 OF
THE WHEAT RIDGE CODE OF LAWS CONCERNING SMOKING IN PUBLIC PLACES
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 its home rule authority and C.R.S. § 31-15-401, the
City, acting through its City Council (the “Council”), is authorized to adopt rules and regulations prohibiting certain conduct and defining general offenses that harm or pose a threat to the public health, safety or welfare; and
WHEREAS, in the exercise of that authority Council has previously adopted
Article II of Chapter 9 concerning smoking in public places; and
WHEREAS, the Council finds that the smoking of tobacco or of any other plant or substance in certain areas is a form of air pollution that threatens the public health, safety and welfare, and that secondhand smoke is a cause of disease, including lung cancer, heart disease, respiratory infection and decreased respiratory function and, as
such, there is no safe level of exposure to secondhand smoke; and
WHEREAS, the Council finds that the legislature of the State of Colorado (the “State”) has revised the Colorado Clean Indoor Air Act in Part 2 Article 14 of Title 25, Colorado Revised Statues (the “Act”), and that the Act authorizes local jurisdictions to adopt local smoking regulations that are no less stringent than the Act's provisions; and
WHEREAS, the Council desires to continue to prohibit smoking in most areas
within the City that are open to the public in a manner that is not less stringent than the provisions in the Act; and
WHEREAS, the Council wishes to amend Article II of Chapter 9 of the Code to reflect recent changes to the Act.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. The following sections or subsections of Article II of Chapter 9 of the Wheat Ridge Code of Laws, concerning smoking in public places, are hereby amended as follows:
ATTACHMENT 1
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ARTICLE II – SMOKING IN PUBLIC PLACES
Sec. 9-21. Legislative intent.
The City Council finds, determines and declares that it is in the best interest of the people of this City to protect THE PUBLIC from involuntary exposure to EMISSIONS FROM SECONDHAND smoke AND ELECTRONIC SMOKING DEVICES (ESD) in most areas open to the
public, IN public meetings, IN food service establishments, and IN places
of employment. ESD EMISSIONS CONSIST OF ULTRAFINE PARTICLES THAT ARE SIGNIFICANTLY MORE HIGHLY CONCENTRATED THAN PARTICLES WITHIN CONVENTIONAL TOBACCO SMOKE. THERE IS CONCLUSIVE EVIDENCE THAT MOST
ESDs CONTAIN AND EMIT NOT ONLY NICOTINE BUT ALSO MANY
OTHER POTENTIALLY TOXIC SUBSTANCES AND THAT ESDs INCREASE AIRBORNE CONCENTRATIONS OF PARTICULATE MATTER AND NICOTINE IN INDOOR ENVIRONMENTS. IN ADDITION, STUDIES SHOW THAT PEOPLE EXPOSED TO ESD EMISSIONS
ABSORB NICOTINE AT LEVELS COMPARABLE TO THE LEVELS
EXPERIENCED BY PASSIVE SMOKERS. MANY OF THE ELEMENTS IDENTIFIED IN ESD EMISSIONS ARE KNOWN TO CAUSE RESPIRATORY DISTRESS AND DISEASE, AND ESD EXPOSURE DAMAGES LUNG TISSUES. FOR EXAMPLE, HUMAN LUNG CELLS
THAT ARE EXPOSED TO ESD AEROSOL AND FLAVORINGS SHOW
INCREASED OXIDATIVE STRESS AND INFLAMMATORY RESPONSES. Therefore, the City Council hereby declares that the purpose of this Article is to preserve and improve the health, comfort, and environment of the people of this City by PROTECTING THE RIGHT OF
THE PEOPLE TO BREATHE CLEAN SMOKE-FREE AIR. NOTHING IN
THIS ARTICLE IS INTENDED TO INHIBIT A PERSON'S ABILITY TO TAKE MEDICINE USING AN INHALER OR SIMILAR DEVICE, NOR TO PREVENT AN EMPLOYER OR BUSINESS OWNER FROM MAKING A REASONABLE ACCOMMODATION FOR THE MEDICAL NEEDS OF AN
EMPLOYEE, CUSTOMER, OR OTHER PERSON IN ACCORDANCE
WITH THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990," AS AMENDED, 42 U.S.C. SEC. 12101 ET SEQ.. Sec. 9-22. Definitions.
The following definitions are amended or enacted:
ASSISTED LIVING RESIDENCE OR "RESIDENCE" MEANS A RESIDENTIAL FACILITY THAT MAKES AVAILABLE TO THREE OR
MORE ADULTS NOT RELATED TO THE OWNER OF SUCH FACILITY,
EITHER DIRECTLY OR INDIRECTLY THROUGH AN AGREEMENT WITH THE RESIDENT, ROOM AND BOARD AND AT LEAST THE FOLLOWING SERVICES: PERSONAL SERVICES; PROTECTIVE OVERSIGHT; SOCIAL CARE DUE TO IMPAIRED CAPACITY TO LIVE
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INDEPENDENTLY; AND REGULAR SUPERVISION THAT SHALL BE AVAILABLE ON A TWENTY-FOUR-HOUR BASIS, BUT NOT TO THE
EXTENT THAT REGULAR TWENTY-FOUR HOUR MEDICAL OR
NURSING CARE IS REQUIRED. THE TERM "ASSISTED LIVING RESIDENCE" DOES NOT INCLUDE ANY FACILITY LICENSED IN THE STATE AS A RESIDENTIAL CARE FACILITY FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES, OR ANY INDIVIDUAL RESIDENTIAL
SUPPORT SERVICES THAT ARE EXCLUDED FROM LICENSURE
REQUIREMENTS PURSUANT TO RULES ADOPTED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT.
Cigar-tobacco bar means a bar that, in the calendar year ending
December 31, 2005, generated at least five percent or more of its total
annual gross income or fifty thousand dollars in annual sales from the on-site sale of tobacco products and the rental of on-site humidors, not including any sales from vending machines. In any calendar year after December 31, 2005, a bar that fails to generate at least five percent of its
total annual gross income or fifty thousand dollars in annual sales from the
on-site sale of tobacco products and the rental of on-site humidors shall not be defined as a "cigar-tobacco bar" and shall not thereafter be included in the definition regardless of sales figures.
ELECTRONIC SMOKING DEVICE OR "ESD"
(a) MEANS ANY PRODUCT, OTHER THAN A PRODUCT DESCRIBED IN SUBSECTION (4.5)(c) OF THIS SECTION, THAT CONTAINS OR DELIVERS NICOTINE OR ANY OTHER
SUBSTANCE INTENDED FOR HUMAN CONSUMPTION AND
THAT CAN BE USED BY A PERSON TO ENABLE THE INHALATION OF VAPOR OR AEROSOL FROM THE PRODUCT; (b) INCLUDES ANY PRODUCT DESCRIBED IN SUBSECTION
(4.5)(a) OF THIS SECTION AND ANY SIMILAR PRODUCT OR
DEVICE, WHETHER MANUFACTURED, DISTRIBUTED, MARKETED, OR SOLD AS AN E-CIGARETTE, E-CIGAR, E-PIPE, E-HOOKAH, OR VAPE PEN OR UNDER ANY OTHER PRODUCT NAME OR DESCRIPTOR; AND
(c) DOES NOT INCLUDE: (1) A HUMIDIFIER OR SIMILAR DEVICE THAT EMITS ONLY WATER VAPOR; OR
(2) AN INHALER, NEBULIZER, OR VAPORIZER THAT IS APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE DELIVERY OF MEDICATION.
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Entryway means the outside of any doorway leading into the indoor area of any building or facility that is not exempted from this Article under
Section 9-24. Entryway also includes the area of public or private property
within TWENTY-FIVE (25) FEET of the doorway.
NURSING FACILITY MEANS A FACILITY, OR A DISTINCT PART OF A FACILITY, THAT MEETS THE STATE NURSING HOME
LICENSING STANDARDS IN C.R.S. § 25-1.5-103(1)(A)(I), IS
MAINTAINED PRIMARILY FOR THE CARE AND TREATMENT OF INPATIENTS UNDER THE DIRECTION OF A PHYSICIAN, AND MEETS THE REQUIREMENTS IN 42 U.S.C. SEC. 1396R FOR CERTIFICATION AS A QUALIFIED PROVIDER OF NURSING FACILITY SERVICES. THE
PATIENTS IN SUCH A FACILITY REQUIRE SUPPORTIVE,
THERAPEUTIC, OR COMPENSATING SERVICES AND THE AVAILABILITY OF A LICENSED NURSE FOR OBSERVATION OR TREATMENT ON A TWENTY-FOUR-HOUR BASIS. NURSING CARE MAY INCLUDE TERMINAL CARE; EXTENSIVE ASSISTANCE OR
THERAPY IN THE ACTIVITIES OF DAILY LIVING; CONTINUAL
DIRECTION, SUPERVISION, OR THERAPY; EXTENSIVE ASSISTANCE OR THERAPY FOR LOSS OF MOBILITY; NURSING ASSESSMENT AND SERVICES THAT INVOLVE ASSESSMENT OF THE TOTAL NEEDS OF THE PATIENT, PLANNING OF PATIENT CARE, AND
OBSERVING, MONITORING, AND RECORDING THE PATIENT'S
RESPONSE TO TREATMENT; AND MONITORING, OBSERVING, AND EVALUATING THE DRUG REGIMEN. "NURSING FACILITY" INCLUDES PRIVATE, NONPROFIT, OR PROPRIETARY INTERMEDIATE NURSING FACILITIES FOR PERSONS WITH INTELLECTUAL AND
DEVELOPMENTAL DISABILITIES.
Smoking means INHALING, EXHALING, BURNING, OR CARRYING ANY LIGHTED OR HEATED CIGAR, CIGARETTE, OR PIPE OR ANY OTHER LIGHTED OR HEATED TOBACCO OR PLANT PRODUCT
INTENDED FOR INHALATION, INCLUDING MARIJUANA, WHETHER
NATURAL OR SYNTHETIC, IN ANY MANNER OR IN ANY FORM. "SMOKING" ALSO INCLUDES THE USE OF AN ESD. , heating, electrical ignition or vaporization of a similar product, , nicotine, , any other substance, or any combination thereof, and the inhaling and exhaling of
environmental smoke created thereby.
TOBACCO BUSINESS MEANS A SOLE PROPRIETORSHIP, CORPORATION, PARTNERSHIP, OR OTHER ENTERPRISE ENGAGED PRIMARILY IN THE SALE, MANUFACTURE, OR PROMOTION OF
TOBACCO, TOBACCO PRODUCTS, OR SMOKING DEVICES OR
ACCESSORIES, INCLUDING ESDS, EITHER AT WHOLESALE OR RETAIL, AND IN WHICH THE SALE, MANUFACTURE, OR PROMOTION OF OTHER PRODUCTS IS MERELY INCIDENTAL.
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Sec. 9-23. General smoking restrictions.
(a) Except as provided in Section 9-24, , smoking IS not permitted
and A person shall NOT smoke in any indoor area, including: (11) (A) Any place of employment that is not exempted;
(B) In the case of employers who own facilities otherwise
exempted from this Article, each such employer shall provide a smoke-free work area for each employee requesting not to have to breathe SECONDHAND smoke AND EMISSIONS FROM ELECTRONIC SMOKING DEVICES. Every employee shall
have a right to work in an area free from SECONDHAND
smoke; (17) Bowling alleys;
(18) Billiard or pool halls;
(19) Facilities in which games of chance are conducted; (20) The common areas of retirements facilities, publicly owned
housing facilities, and, , nursing homes, not including any resident’s
private residential quarters; (21) Public buildings;
(22) Auditoria;
(23) Theatres; (24) Museums;
(25) Libraries; (26) To the extent not otherwise provided in Section 25-14-103.5, C.R.S., public and nonpublic schools;
(27) Other educational and vocational institutions; (28) Retail smoking accessory businesses;
(29) A CIGAR-TOBACCO BAR:
(a) SHALL NOT EXPAND ITS SIZE OR CHANGE ITS LOCATION FROM THE SIZE AND LOCATION IN WHICH IT EXISTED AS OF DECEMBER 31, 2005; AND
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(b) SHALL PROHIBIT ENTRY BY ANY PERSON UNDER EIGHTEEN YEARS OF AGE AND SHALL DISPLAY
SIGNAGE IN AT LEAST ONE CONSPICUOUS PLACE AND
AT LEAST FOUR INCHES BY SIX INCHES IN SIZE STATING: "SMOKING ALLOWED. CHILDREN UNDER EIGHTEEN YEARS OF AGE MAY NOT ENTER."
(30) HOTEL AND MOTEL ROOMS;
(31) ASSISTED LIVING FACILITIES, INCLUDING NURSING FACILITIES, AS DEFINED IN SECTION 9-22;
(32) THE ENTRYWAYS OF ALL BUILDINGS AND FACILITIES
LISTED IN SECTION 9-24. (33) A RETAIL TOBACCO BUSINESS:
(a) SHALL PROHIBIT ENTRY BY ANY PERSON UNDER
EIGHTEEN YEARS OF AGE; AND (b) SHALL DISPLAY SIGNAGE IN AT LEAST ONE CONSPICUOUS PLACE AND AT LEAST FOUR INCHES
BY SIX INCHES IN SIZE STATING EITHER:
(1) "SMOKING ALLOWED. CHILDREN UNDER EIGHTEEN YEARS OF AGE MAY NOT ENTER."; OR
(2) IN THE CASE OF A RETAIL TOBACCO BUSINESS THAT DESIRES TO ALLOW THE USE OF ESDs BUT NOT OTHER FORMS OF SMOKING ON THE PREMISES, "VAPING ALLOWED. CHILDREN
UNDER EIGHTEEN YEARS OF AGE MAY NOT
ENTER." (34) The entryways of all buildings and facilities listed in SUBSECTIONS (a)1 through (a)(33) of this Section;
Sec. 9-24. Exceptions to smoking restrictions. (a) This Article shall not apply to:
(4) The smoking of tobacco within outdoor seating and patio areas provided by food service establishments and bars; (5) The smoking of tobacco within the outdoor area of any business
not specified under subsection (5) above, except to the extent that the
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outdoor area of such business is within TWENTY-FIVE (25) feet of an entryway;
(6) A private nonresidential building on a farm or ranch, as defined in Section 39-1-102, C.R.S., that has annual gross income of less than five hundred thousand dollars ($500,000);
Sec. 9-25. Optional prohibitions.
The owner or manager of any place otherwise exempted under Section 9-24, may choose to prohibit smoking in such place or restrict smoking to certain designated areas only by posting signs that provide
notice of the same.
Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public
and that this Ordinance is necessary for the preservation of health and safety and for
the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained.
Section 3. Severability; Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 27th day of April, 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 May 11, 2020, at 7:00 o'clock p.m., as a virtual meeting.
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
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ATTEST:
Steve Kirkpatrick, City Clerk Approved As To Form
Gerald E. Dahl, City Attorney
First Publication: __________, 2020
Second Publication: Wheat Ridge Transcript Effective Date:
HOUSE BILL 19-1076
BY REPRESENTATIVE(S) Michaelson Jenet and Larson, Caraveo, Cutter,
Jackson, Mullica, Arndt, Buentello, Duran, Exum, Galindo, Garnett, Herod,
Kipp, McCluskie, Roberts, Snyder, Tipper, Titone, Becker, Bird, Buckner,
Hansen, Jaquez Lewis, Kennedy, Landgraf, Lontine;
also SENATOR(S) Priola and Donovan, Ginal, Court, Fields, Foote,
Gonzales, Moreno, Pettersen, Story, Tate, Todd, Williams A., Garcia.
CONCERNING UPDATES TO THE "COLORADO CLEAN INDOOR AIR ACT", AND,
IN CONNECTION THEREWITH, REMOVING CERTAIN EXCEPTIONS AND
ADDING PROVISIONS RELEVANT TO THE USE OF ELECTRONIC SMOKING
DEVICES.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, amend 25-14-202 as
follows:
25-14-202. Legislative declaration. (1) The general assembly
hereby finds and determines that:
(a) It is in the best interest of the people of this state to protect
nonsmokcrs THE PUBLIC from involuntary exposure to %.,i •
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
tobacco and marijuana EMISSIONS FROM SECONDHAND smoke AND
ELECTRONIC SMOKING DEVICES (ESD) in most indoor areas open to the
public, IN public meetings, IN food service establishments, and IN places of
employment, The gcncial--a-s-stmlrly-furthci finds and CiCtCliniiik,s-diat AND
(b) A---bal-anee—snotid—be—strucle-betweerrthe-health—concerns—of
norreonsunters-oftobacco-yroducts-and-combustiblematuanzrand-the-need
to minimize unwairantcd govermncntal regulation,
privatc sphcrcs of conduct and choicc with iespect to the use or nonuse of ... to products,i !pa • I gnacca p
areas private places ESD EMISSIONS CONSIST OF ULTRAFINE
PARTICLES THAT ARE SIGNIFICANTLY MORE HIGHLY CONCENTRATED THAN
PARTICLES WITHIN CONVENTIONAL TOBACCO SMOKE. THERE IS CONCLUSIVE
EVIDENCE THAT MOST ESDs CONTAIN AND EMIT NOT ONLY NICOTINE BUT
ALSO MANY OTHER POTENTIALLY TOXIC SUBSTANCES AND THAT ESDS
INCREASE AIRBORNE CONCENTRATIONS OF PARTICULATE MATTER AND
NICOTINE IN INDOOR ENVIRONMENTS. IN ADDITION, STUDIES SHOW THAT
PEOPLE EXPOSED TO ESD EMISSIONS ABSORB NICOTINE AT LEVELS
COMPARABLE TO THE LEVELS EXPERIENCED BY PASSIVE SMOKERS. MANY OF
THE ELEMENTS IDENTIFIED IN ESD EMISSIONS ARE KNOWN TO CAUSE
RESPIRATORY DISTRESS AND DISEASE, AND ESD EXPOSURE DAMAGES LUNG
TISSUES. FOR EXAMPLE, HUMAN LUNG CELLS THAT ARE EXPOSED TO ESD
AEROSOL AND FLAVORINGS SHOW INCREASED OXIDATIVE STRESS AND
INFLAMMATORY RESPONSES.
(2) Therefore, the general assembly hereby declares that the purpose
of this part 2 is to preserve and improve the health, comfort, and
environment of the people of this state by limiting-exposure-to-tobacco-and
marijuana smoke PROTECTING THE RIGHT OF PEOPLE TO BREATHE CLEAN,
SMOKE-FREE AIR. NOTHING IN THIS PART 2 IS INTENDED TO INHIBIT A
PERSON'S ABILITY TO TAKE MEDICINE USING AN INHALER OR SIMILAR DEVICE,
NOR TO PREVENT AN EMPLOYER OR BUSINESS OWNER FROM MAKING
REASONABLE ACCOMMODATION FOR THE MEDICAL NEEDS OF AN EMPLOYEE,
CUSTOMER, OR OTHER PERSON IN ACCORDANCE WITH THE FEDERAL
"AMERICANS WITH DISABILITIES ACT OF 1990", AS AMENDED, 42 U.S.C.
SEC. 12101 ET SEQ.
SECTION 2. In Colorado Revised Statutes, 25-14-203, amend (7),
(16), and (18); repeal (1); and add (4.5) as follows:
PAGE 2-HOUSE BILL 19-1076
25-14-203. Definitions. As used in this part 2, unless the context
otherwise requires:
(1) "*rpc,-smoking
~lreairs a oar or ft taurant,f ootn,
lc ana international
passengercommercial g , m which bar or restaurantsmoking is allowed
in a fully encloscd and independently vcntilatcd arca by the terms of the
(4.5) "ELECTRONIC SMOKING DEVICE" OR "ESD":
(a) MEANS ANY PRODUCT, OTHER THAN A PRODUCT DESCRIBED IN
SUBSECTION (4.5)(c) OF THIS SECTION, THAT CONTAINS OR DELIVERS
NICOTINE OR ANY OTHER SUBSTANCE INTENDED FOR HUMAN CONSUMPTION
AND THAT CAN BE USED BY A PERSON TO ENABLE THE INHALATION OF VAPOR
OR AEROSOL FROM THE PRODUCT;
(b) INCLUDES ANY PRODUCT DESCRIBED IN SUBSECTION (4.5)(a) OF
THIS SECTION AND ANY SIMILAR PRODUCT OR DEVICE, WHETHER
MANUFACTURED, DISTRIBUTED, MARKETED, OR SOLD AS AN E-CIGARETTE,
E-CIGAR, E-PIPE, E-HOOKAH, OR VAPE PEN OR UNDER ANY OTHER PRODUCT
NAME OR DESCRIPTOR; AND
(c) DOES NOT INCLUDE:
(I) A HUMIDIFIER OR SIMILAR DEVICE THAT EMITS ONLY WATER
VAPOR; OR
(II) AN INHALER, NEBULIZER, OR VAPORIZER THAT IS APPROVED BY
THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE DELIVERY OF
MEDICATION.
(7) "Entryway" means the outside of the front or main doorway
leading into a building or facility that is not exempted from this part 2 under
section 25-14-205. "Entryway" also includes the area of public or private
property within a specified radius outside of the doorway. The specified
radius shall MAY be determined by the local authority or PURSUANT TO
SECTION 25-14-207 (2)(a), BUT MUST BE AT LEAST TWENTY-FIVE FEET
UNLESS SECTION 25-14-207 (2)(a)(II)(B) OR (2)(a)(II)(C) APPLIES. If the
local authority has not acted, the specified radius shaii---lye—fifteen Is
PAGE 3-HOUSE BILL 19-1076
in public g y sc
TWENTY-FIVE feet.
(16) "Smoking" means tl,cbunlmg of a hghtcd, cigar, pipe,
or -any-eferer-rrratter-ot-gubstarree-that-eentairrs-tobateo-or-mattrarra
INHALING, EXHALING, BURNING, OR CARRYING ANY LIGHTED OR HEATED
CIGAR, CIGARETTE, OR PIPE OR ANY OTHER LIGHTED OR HEATED TOBACCO OR
PLANT PRODUCT INTENDED FOR INHALATION, INCLUDING MARIJUANA,
WHETHER NATURAL OR SYNTHETIC, IN ANY MANNER OR IN ANY FORM.
"SMOKING" ALSO INCLUDES THE USE OF AN ESD.
(18) "Tobacco business" means a sole proprietorship, corporation,
partnership, or other enterprise engaged primarily in the sale, manufacture,
or promotion of tobacco, tobacco products, or smoking devices or
accessories, INCLUDING ESDs, either at wholesale or retail, and in which the
sale, manufacture, or promotion of other products is merely incidental.
SECTION 3. In Colorado Revised Statutes, 25-14-204, amend (1)
introductory portion, (1)(k), (1)(u)(I), (1)(bb), (1)(cc), and (2); repeal
(1)(q); and add (1)(dd), (1)(ee), (1)(ff), and (3) as follows:
25-14-204. General smoking restrictions. (1) Except as provided
in section 25-14-205, arrci-in-order-to-reduee-the-feveis-of-exposttre-to
cnvironrncntal tobacco and marijuana sr o c, smoking shall Is not be
permitted and rro A person shall NOT smoke in any indoor area, including:
but not c o.
(k) (I) Any place of employment that is not exempted, WHETHER OR
NOT OPEN TO THE PUBLIC AND REGARDLESS OF THE NUMBER OF EMPLOYEES.
(II) In the case of employers who own facilities otherwise exempted
from this part 2, each such employer shall provide a smoke-free work area
for each employee requesting not to have to breathe cnvironmcntal tobacco
SECONDHAND smoke Evcry empferyce-shalfhaveirrightto-worin-an-area
frcc of cnvironmcntal tobacco smoke AND EMISSIONS FROM ELECTRONIC
SMOKING DEVICES.
(q) R-estroon-rsTiobi:riesTirailways-,-arrel-other common-areas-irrhotels
a17d inotcls, and in at least seventy-fivepercentof IC 1.pl11g tivartCm
Withirra-hotel-or motel-that-are-rented-terguestr
PAGE 4-HOUSE BILL 19-1076
(u) (I) The common areas of retirement facilities, publicly owned
housing facilities, and p p 'in X ),
nursing homes, but not including any resident's private residential quarters. . . ..in or areasi living P scction 25-14-205 (1)(k)
(bb) Other educational and vocational institutions; and
(cc) The cntryways of all u g facilities paragrap
(a)to (Lb) of lis subsection (1). AIRPORTS;
(dd) HOTEL AND MOTEL ROOMS;
(ee) ASSISTED LIVING FACILITIES, INCLUDING NURSING FACILITIES AS
DEFINED IN SECTION 25.5-4-103 AND ASSISTED LIVING RESIDENCES AS
DEFINED IN SECTION 25-27-102; AND
(ff) THE ENTRYWAYS OF ALL BUILDINGS AND FACILITIES LISTED IN
SUBSECTIONS (1)(a) TO (1)(ee) OF THIS SECTION.
(2) A cigar-tobacco bar:
(a) Shall not expand its size or change its location from the size and
location in which it existed as of December 31, 2005, A cigar=tvbacco bar
AND
(b) Shall PROHIBIT ENTRY BY ANY PERSON UNDER EIGHTEEN YEARS
OF AGE AND SHALL display signage in at least one conspicuous place and at
least four inches by six inches in size stating: "Smoking allowed. Children
under eighteen years of age must-be-arcomparried-bra-parent-orgtrardian
MAY NOT ENTER."
(3) A RETAIL TOBACCO BUSINESS:
(a) SHALL PROHIBIT ENTRY BY ANY PERSON UNDER EIGHTEEN YEARS
OF AGE; AND
(b) SHALL DISPLAY SIGNAGE IN AT LEAST ONE CONSPICUOUS PLACE
AND AT LEAST FOUR INCHES BY SIX INCHES IN SIZE STATING EITHER:
(I) "SMOKING ALLOWED. CHILDREN UNDER EIGHTEEN YEARS OF AGE
PAGE 5-HOUSE BILL 19-1076
MAY NOT ENTER."; OR
(II) IN THE CASE OF A RETAIL TOBACCO BUSINESS THAT DESIRES TO
ALLOW THE USE OF ESDs BUT NOT OTHER FORMS OF SMOKING ON THE
PREMISES, "VAPING ALLOWED. CHILDREN UNDER EIGHTEEN YEARS OF AGE
MAY NOT ENTER."
SECTION 4. In Colorado Revised Statutes, 25-14-205, amend (1)
introductory portion, (1)(d), (1)(g), and (1)(i); and repeal (1)(c), (1)(f),
(1)(h), and (1)(k) as follows:
25-14-205. Exceptions to smoking restrictions. (1) This part 2
shaft DOES not apply to:
(c) A-hotel-or motel-roonr rented-to-one-or more-guests-if the-tot-al
rc~rtagc of such such hotel or 100 Cdots
perccnt;
(d) Any retail tobacco business; EXCEPT THAT THE REQUIREMENTS
IN SECTION 25-14-204 (3) AND ANY RELATED PENALTIES APPLY TO A RETAIL
TOBACCO BUSINESS;
(f) ATrairPort-smoking-coneession;
(g) The outdoor area of any business; OR
(h) *71-ace-of empforrrent-thatis-not-open-terthe-pubfir-and-that-is
underthe-contral-of-arr empirryLr that caw oys o Uy1.A.,b,
(i) A private, nonresidential building on a farm or ranch, as defined
in section 39-1-102, C.R.S., that has annual gross income of less than five
hundred thousand dollars. or
(k) (-1)--The-arearof assisted-fiving-facifities-:
) That arc dcsignatcd for smoking for resi
)That aic fully
C res1QCilts or melt guests.
PAGE 6-HOUSE BILL 19-1076
Win«,
As used in this paragraph (k), "asslstcd llving facility" m a s a
nursing facility, as that term is dcfincd in c ion . - -, . . ., and
arr assisteel-living-residenee7as-that terrrris-deffired-irrseetion-2-5-2-7-1-&27
SECTION 5. In Colorado Revised Statutes, 25-14-206, amend (1);
and repeal (2) as follows:
25-14-206. Optional prohibitions. (1) The owner or manager of
any place not spccifically listed in sec i i 25-14-204, including-a--placc
otherwise exempted under section 25-14-205 may post signs prohibiting
smoking. ur providing smoking and nonsmoking arcas. Such posting shall
have the effect of including such place or-the-d-esigrrated-nonsmoking
portion thereof, in the places where smoking is prohibited or restricted
pursuant to this part 2.
(2) If the owncr or managerplacc not specifcally
s-ection--2-5=f4=z'ff4rinettrding-a--plae-e-othenvise-exempted-mtder-seetion
-14-205,is an empkvyt.r alld ruecIves a ILLjut.st fibril an Giiip+uyt..k, tv
create--a--smoke-free-work—arta--as-eontemplated-by-seetiorr 2-5--1-
,rc uwrrc.r or manager shallpost .g igrrs 1 r Thi i 1..
• work area as pro
SECTION 6. In Colorado Revised Statutes, 25-14-207, amend
(2)(a) as follows:
25-14-207. Other applicable regulations of smoking - local
counterpart regulations authorized. (2) (a) (I) A local authority may,
pursuant to article 16 of title 31, C.R.S., a municipal home rule charter, or
article 15 of title 30, C.R.S., enact, adopt, and enforce smoking regulations
that cover the same subject matter as the various provisions of this part 2;
No EXCEPT THAT, UNLESS OTHERWISE AUTHORIZED UNDER SUBSECTION
(2)(a)(II)(B) OR (2)(a)(II)(C) OF THIS SECTION, A local authority may NOT
adopt any A local regulation of smoking that is less stringent than the
provisions of this part 2. cxcept that
(II) (A) A local authority may IS SPECIFICALLY AUTHORIZED TO
specify a radius of less MORE than fiftccri TWENTY-FIVE feet for the area
included within an entryway.
(B) A LOCAL REGULATION THAT WAS ADOPTED BY A LOCAL
I
s
PAGE 7-HOUSE BILL 19-1076
AUTHORITY BEFORE JANUARY 1, 2019, AND THAT SPECIFIES A RADIUS OF
LESS THAN TWENTY-FIVE FEET FOR THE AREA INCLUDED WITHIN AN
ENTRYWAY REMAINS VALID AND MUST BE GIVEN EFFECT AFTER THE
EFFECTIVE DATE OF THIS SECTION, AS AMENDED.
(C) IF A PERSON OWNS OR LEASES BUSINESS PREMISES THAT WERE
UNDER CONSTRUCTION OR RENOVATION ON JULY 1, 2019, AND THAT
COMPLIED WITH A LOCAL REGULATION OF SMOKING THAT SPECIFIED A
RADIUS OF LESS THAN TWENTY-FIVE FEET FOR THE AREA INCLUDED WITHIN
AN ENTRYWAY, AND, AS OF JULY 1, 2019, HAS APPLIED FOR OR RECEIVED
FROM THE MUNICIPALITY, CITY AND COUNTY, OR COUNTY IN WHICH THE
PREMISES ARE LOCATED, A CERTIFICATE OF OCCUPANCY FOR THE STRUCTURE
TO BE USED FOR THE BUSINESS PREMISES, THE PERSON IS DEEMED IN
COMPLIANCE WITH ALL LOCAL REGULATIONS SPECIFYING THE RADIUS OF THE
AREA INCLUDED WITHIN AN ENTRYWAY.
SECTION 7. In Colorado Revised Statutes, 25-14-208, amend (3)
as follows:
25-14-208. Unlawful acts - penalty - disposition of fines and
surcharges. (3) EXCEPT AS OTHERWISE PROVIDED IN SECTION 25-14-208.5,
a person who violates this part 2 is guilty of a class 2 petty offense and,
upon conviction thereof, shall be punished by a fine not to exceed two
hundred dollars for a first violation within a calendar year, a fine not to
exceed three hundred dollars for a second violation within a calendar year,
and a fine not to exceed five hundred dollars for each additional violation
within a calendar year. Each day of a continuing violation shall be deemed
a separate violation.
SECTION 8. In Colorado Revised Statutes, add 25-14-208.5 as
follows:
25-14-208.5. Signage violations - limitation on fines. (1) FOR A
VIOLATION OF SECTION 25-14-204 (2) OR (3), THE PENALTY SHALL BE AS
FOLLOWS:
(a) A WRITTEN WARNING FOR A FIRST VIOLATION COMMITTED WITHIN
A TWENTY-FOUR-MONTH PERIOD; AND
(b) FINES AS SPECIFIED IN SECTION 25-14-208 (3) FORA SECOND OR
PAGE 8-HOUSE BILL 19-1076
SUBSEQUENT VIOLATION WITHIN A TWENTY-FOUR-MONTH PERIOD.
(2) NOTWITHSTANDING SUBSECTION (1) OF THIS SECTION, NO FINE
FOR A VIOLATION OF SECTION 25-14-204 (2) OR (3) SHALL BE IMPOSED UPON
A PERSON THAT CAN ESTABLISH AS AN AFFIRMATIVE DEFENSE THAT, PRIOR
TO THE DATE OF THE VIOLATION, IT:
(a) HAD ADOPTED AND ENFORCED A WRITTEN POLICY AGAINST
ALLOWING PERSONS UNDER EIGHTEEN YEARS OF AGE TO ENTER THE
PREMISES;
(b) HAD INFORMED ITS EMPLOYEES OF THE APPLICABLE LAWS
REGARDING THE PROHIBITION OF PERSONS UNDER EIGHTEEN YEARS OF AGE
TO ENTER OR REMAIN IN AREAS WHERE SMOKING IS PERMITTED;
(c) REQUIRED EMPLOYEES TO VERIFY THE AGE OF PERSONS ON THE
PREMISES BY WAY OF PHOTOGRAPHIC IDENTIFICATION; AND
(d) HAD ESTABLISHED AND IMPOSED DISCIPLINARY SANCTIONS FOR
NONCOMPLIANCE.
(3) THE AFFIRMATIVE DEFENSE ESTABLISHED IN SUBSECTION (2) OF
THIS SECTION MAY BE USED ONLY TWICE AT EACH LOCATION WITHIN ANY
TWENTY-FOUR-MONTH PERIOD.
SECTION 9. In Colorado Revised Statutes, 30-15-401, amend
(1.5) as follows:
30-15-401. General regulations - definitions. (1.5) In addition to
any other powers, the board of county commissioners has the power to
adopt a resolution or an ordinance:
(a) Prohibiting minors from possessing cigarettes or tobacco
products, as defined by section 39-28.5-101 (5), C.R.S. AND
(b) LIMITING SMOKING, AS DEFINED IN SECTION 25-14-203 (16), IN
ANY MANNER THAT IS NO LESS RESTRICTIVE THAN THE LIMITATIONS SET
FORTH IN THE "COLORADO CLEAN INDOOR AIR ACT", PART 2 OF ARTICLE 14
OF TITLE 25.
PAGE 9-HOUSE BILL 19-1076
ko
Leroy "'cia
PRESIDENT OF
THE SENATE
KC Becker
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
Marilyn Eddyhs
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
6.7444:0( -rkfittibtte.
Cindi L. Markwell
SECRETARY OF
THE SENATE
SECTION 10. Effective date. (1) Except as provided in subsection
(2) of this section, this act takes effect July 1, 2019.
(2) Section 25-14-204 (2) and (3), as amended and enacted,
respectively, in section 3 of this act, take effect October 1, 2019.
SECTION 11. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.
APPROVED /14,/4-1 (2: Z5-cpeii
I (Date and Time)
Jared S.is
GOV.' R OF HE STATE OF COLORADO
PAGE 10-HOUSE BILL 19-1076
ITEM NO: DATE: April 27, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 09-2020 – AN ORDINANCE AMENDING
CHAPTER 21 OF THE WHEAT RIDGE CODE OF LAWS
CONCERNING STREETS AND SIDEWALKS
PUBLIC HEARING ORDINANCES FOR 1ST READING (04/27/2020)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (05/11/2020) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________ Director of Public Works City Manager
ISSUE:
Chapter 21 of the Code of Laws, entitled Streets and Sidewalks, regulates all construction and operation activities in public rights of way, and needs a comprehensive revision. Specifically, this chapter is in need of updating for the public works effort to address a series of issues raised by construction activities of various utilities. This ordinance modifies the Code of Laws
accordingly, and has incorporated suggested language from a model ordinance used as a base by
many other Colorado municipalities
PRIOR ACTION: No prior action.
FINANCIAL IMPACT:
No financial impact is anticipated with the proposed code change.
BACKGROUND: Chapter 21 of the Wheat Ridge City Code provides regulation and administration of construction and operation activities in public ways and public rights-of-way, which includes any public
street, alley, sidewalk, easement and any City-owned right-of-way or any other public property
owned or controlled by the City of Wheat Ridge and dedicated to public use. This chapter of
4
Amendment of Code – Chapter 21 Streets and Sidewalks
April 27, 2020
Page 2 the Code regulates all such works to protect the City's infrastructure investment by establishing
repair standards for the pavement, facilities, and property when work is accomplished, and to
assure that the City can continue to protect the public health, safety, and welfare. This chapter governs the work in the public rights-of-way and includes, but is not limited to: 1. Excavation in or construction of streets and all related appurtenances, curbs and gutters, sidewalks, driveway openings, bus shelters, bus loading pads, street lights, landscaping
and traffic signal devices.
2. Construction, maintenance and repair of all underground structures such as pipes, conduits, ducts, tunnels, manholes, vaults, buried cable, wire or any other similar structures located under the surface of any public right-of-way, and installation of overhead poles used for any purpose.
3. Regulating all permitted work by utilities and contractors through compliance with
regulations and specifications for the construction of water and sewer, gas, electric and cable facilities. With the advent of the major movement of telecommunication infrastructure into public rights-
of-way throughout the state of Colorado, the Colorado Communications and Utility Alliance has
provided analysis and advocacy services to cities, towns, counties and commissions, and has recently created a model ordinance with topical information and support on telecommunications, broadband, cable franchising and related technology issues that impact the interests of residents and local governance. Staff has reviewed this document and determined that use of the
Alliance’s suggested model to update the City’s current chapter 21 provided a good starting point
for Public Works’ effort to address potential issues arising from the increase in telecommunication’s infrastructure. In addition, chapter 21 is in need of an update to incorporate various current best practices in managing the City’s rights-of-way.
RECOMMENDATIONS: Staff recommends approving the attached Ordinance on first reading.
RECOMMENDED MOTION: “I move to approve Council Bill No. 09-2020, an ordinance amending Chapter 21 of the Wheat Ridge Code of Laws concerning streets and sidewalks on first reading, order it
published, public hearing set for May 11, 2020 at 7:00 p.m., as a virtual meeting, and that
it take effect 15 days after final publication.” Or,
“I move to table indefinitely Council Bill No. 09-2020, an ordinance amending Chapter
21 of the Wheat Ridge Code of Laws concerning streets and sidewalks for the following reason(s)_____________________.” REPORT PREPARED/REVIEWED BY: Steve Nguyen, Engineering Manager
Russ Higgins, Field Services Supervisor
Amendment of Code – Chapter 21 Streets and Sidewalks
April 27, 2020
Page 3 Greg Knudson, Director of Public Works
Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill 09-2020 2. Compare version showing changes against current Chapter 21
-1- ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________
COUNCIL BILL NO. 09 ORDINANCE NO. _________ SERIES 2020 TITLE: AN ORDINANCE AMENDING ARTICLES I, II AND III OF
CHAPTER 21 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING STREETS AND SIDEWALKS WHEREAS, the City Council of the City of Wheat Ridge, Colorado has authority to enact ordinances for the protection of public health, safety and welfare; and
WHEREAS, exercising this authority, the Council has previously adopted Chapter 21 of the Code of Laws, entitled “Streets and Sidewalks,” and in particular Articles I (In General, including definitions), Article II (Work on Public Ways), and Article III (Permits for Use of Right-of-Way); and
WHEREAS, the Council wishes to revise Articles I, II and III of Chapter 21 to update references, improve workability and incorporate recommendations from the Colorado Communications and Utility Alliance.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Articles I, II and III of Chapter 21 of the Wheat Ridge Code of Laws are hereby repealed and reenacted, to read in their entirety as follows:
ARTICLE I. – IN GENERAL
SEC. 21-1. – DEFINITIONS.
FOR THE PURPOSE OF THIS CHAPTER, THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE MEANINGS RESPECTIVELY ASCRIBED TO THEM BY
THIS SECTION:
ABANDONED DUCTS OR CONDUITS ARE CONDUITS OR DUCTS OTHER THAN THOSE OCCUPIED BY PERMITTEE OR ANY PRIOR PERMITTEE, OR UNOCCUPIED DUCTS HELD BY PERMITTEE AS EMERGENCY USE SPARES, OR OTHER UNOCCUPIED DUCTS THAT PERMITTEE DOES NOT REASONABLY
EXPECT TO USE WITHIN THREE (3) YEARS FROM THE DATE OF A REQUEST
FOR USE.
APPLICANT MEANS ANY PERSON REQUIRED BY THIS CHAPTER TO MAKE APPLICATION FOR A PERMIT.
APPURTENANCES MEANS TRANSFORMERS, SWITCHING BOXES, GAS
REGULATOR STATIONS, TERMINAL BOXES, METER CABINETS, PEDESTALS,
JUNCTION BOXES, HANDHOLES SUBSTATIONS, SYSTEM AMPLIFIERS, POWER SUPPLIES, PUMP STATIONS, MANHOLES, VALVES AND VALVE HOUSINGS AND
-2-
OTHER DEVICES THAT ARE NECESSARY TO THE FUNCTION OF ELECTRIC, COMMUNICATIONS, CABLE TELEVISION, WATER, SEWER, STORM WATER,
NATURAL GAS, BROADBAND, AND OTHER UTILITIES AND SERVICES.
CITY MEANS THE CITY OF WHEAT RIDGE.
CONTRACTOR MEANS AN INDIVIDUAL, PARTNERSHIP OR CORPORATION AS DEFINED IN SECTION 5-101 OF THE WHEAT RIDGE CODE OF LAWS.
DEPARTMENT MEANS THE DEPARTMENT OF PUBLIC WORKS.
DESIGN ENGINEER MEANS A PROFESSIONAL ENGINEER REGISTERED IN
THE STATE OR AN INDIVIDUAL EXEMPTED FROM STATE REGISTRATION REQUIREMENTS PURSUANT TO C.R.S. § 12-25-103(1)(C), AND WHO IS EMPLOYED BY THE APPLICANT OR UNDER CONTRACT TO THE APPLICANT.
DEVELOPER MEANS THE PERSON, PARTNERSHIP, CORPORATION, OR
OTHER LEGAL ENTITY WHO IS IMPROVING A PARCEL OF LAND WITHIN THE
CITY/TOWN/COUNTY AND WHO IS LEGALLY RESPONSIBLE TO THE CITY/TOWN/COUNTY FOR THE CONSTRUCTION OF IMPROVEMENTS WITHIN THE CITY OR AS A CONDITION OF A BUILDING PERMIT OR OTHER LAND USE OR DEVELOPMENT AUTHORIZATION.
DIRECTOR MEANS THE DIRECTOR OF PUBLIC WORKS OR HIS/HER
AUTHORIZED REPRESENTATIVE.
DISTRICT MEANS ANY METROPOLITAN, WATER AND/OR SANITATION DISTRICT FORMED UNDER TITLE 32, ARTICLE I, C.R.S., AS AMENDED.
DUCT OR CONDUIT MEANS A SINGLE ENCLOSED RACEWAY FOR
CABLES, FIBER OPTICS OR OTHER WIRES.
EMERGENCY MEANS ANY EVENT WHICH MAY THREATEN PUBLIC HEALTH OR SAFETY, OR THAT RESULTS IN AN INTERRUPTION IN THE PROVISION OF SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGED OR LEAKING WATER OR GAS CONDUIT SYSTEMS, DAMAGED, PLUGGED, OR
LEAKING SEWER OR STORM DRAIN CONDUIT SYSTEMS, DAMAGED
ELECTRICAL AND COMMUNICATIONS FACILITIES, AND ADVANCED NOTICE OF NEEDED REPAIRS IS IMPRACTICABLE UNDER THE CIRCUMSTANCES.
EMERGENCY WORK INCLUDES WORK REQUIRED TO RESTORE BROKEN OR PLUGGED WATER AND SEWER MAINS, WATER AND SEWER SERVICE LINES,
GAS MAINS OR SERVICES, CUT OR DEFECTIVE TELEPHONE, ELECTRIC AND
CABLE FACILITIES AND TRAFFIC SIGNAL CONTROL LINES OR OTHER SITUATIONS AS DETERMINED BY THE DIRECTOR.
EXCAVATE MEANS ANY WORK IN THE SURFACE OR SUBSURFACE OF THE RIGHTS OF WAY, INCLUDING, BUT NOT LIMITED TO OPENING THE RIGHTS
OF WAY; INSTALLING, SERVICING, REPAIRING OR MODIFYING ANY
FACILITY(IES) IN OR UNDER THE SURFACE OR SUBSURFACE OF THE RIGHTS OF WAY, AND RESTORING THE SURFACE AND SUBSURFACE OF THE RIGHTS OF WAY.
-3-
FACILITIES MEANS, INCLUDING, WITHOUT LIMITATION, ANY PIPES, CONDUITS, WIRES, CABLES, AMPLIFIERS, TRANSFORMERS, FIBER OPTIC
LINES, ANTENNAE, POLES, STREET LIGHTS, DUCTS, FIXTURES AND
APPURTENANCES AND OTHER LIKE EQUIPMENT USED IN CONNECTION WITH TRANSMITTING, RECEIVING, DISTRIBUTING, OFFERING, AND PROVIDING BROADBAND, UTILITY AND OTHER SERVICES.
FENCE MEANS ANY ARTIFICIALLY CONSTRUCTED BARRIER OF WOOD,
MASONRY, STONE, WIRE, METAL, OR ANY OTHER MANUFACTURED MATERIAL
OR COMBINATION OF MATERIALS ERECTED TO ENCLOSE PARTITION, BEAUTIFY, MARK, OR SCREEN AREAS OF LAND.
FLOWABLE BACKFILL MATERIAL SHALL CONTAIN THE FOLLOWING INGREDIENTS MEETING ASTM PROPERTIES AND BE MIXED IN THE FOLLOWING
PROPORTIONS:
MIX PROPORTIONS LBS/CY OF CONCRETE
INGREDIENTS TEST METHOD
CEMENT ASTM C-150 42 POUNDS
SAND ASTM C-33 1845 POUNDS
1″ AGGREGATE ASTM C-33 1700 POUNDS
AIR ENTRAINMENT ASTM C-260 5 OUNCES
WATER ASTM C-94 39 GALLON
THE MAXIMUM DESIRABLE TWENTY-EIGHT-DAY COMPRESSIVE
STRENGTH FOR THE FLOWFILL MATERIAL IS SIXTY (60) PSI TO ALLOW
FOR A WORKABLE SUBGRADE FOR FUTURE WORK.
INFRASTRUCTURE MEANS ANY PUBLIC FACILITY, SYSTEM, OR IMPROVEMENT INCLUDING, WITHOUT LIMITATION, WATER AND SEWER MAINS AND APPURTENANCES, STORM DRAINS AND STRUCTURES, STREETS, ALLEYS,
TRAFFIC SIGNAL POLES AND APPURTENANCES, CONDUITS, SIGNS,
LANDSCAPE IMPROVEMENTS, SIDEWALKS, AND PUBLIC SAFETY EQUIPMENT.
LANDSCAPING MEANS MATERIALS, INCLUDING WITHOUT LIMITATION, GRASS, GROUND COVER, SHRUBS, VINES, HEDGES, OR TREES AND NON-LIVING NATURAL MATERIALS COMMONLY USED IN LANDSCAPE
DEVELOPMENT, AS WELL AS ATTENDANT IRRIGATION SYSTEMS.
OWNER MEANS ANY PERSON, INCLUDING THE CITY, WHO OWNS ANY FACILITIES THAT ARE OR ARE PROPOSED TO BE INSTALLED OR MAINTAINED IN THE RIGHTS OF WAY.
-4-
PERMIT MEANS ANY AUTHORIZATION FOR USE OF THE PUBLIC RIGHTS OF WAY GRANTED IN ACCORDANCE WITH THE TERMS OF THIS CODE, AND
THE LAWS AND POLICIES OF THE CITY.
PERMITTEE MEANS THE HOLDER OF A VALID PERMIT.
PERSON(S) MEANS ANY PERSON, FIRM, PARTNERSHIP, SPECIAL, METROPOLITAN OR GENERAL DISTRICT ASSOCIATION, CORPORATION, MUNICIPALITY, COMPANY, OR ORGANIZATION OF ANY KIND.
PUBLIC RIGHTS OF WAY OR RIGHTS OF WAY OR PUBLIC WAY MEANS
ANY PUBLIC STREET, WAY, PLACE, ALLEY, SIDEWALK, EASEMENT AND ANY CITY-OWNED RIGHT OF WAY DEDICATED TO PUBLIC USE. ANY EASEMENTS DEDICATED SOLELY FOR UTILITY PURPOSES SHALL NOT BE GOVERNED BY THE PROVISIONS OF THIS CHAPTER.
SPECIFICATIONS MEANS THE CURRENT EDITION OF THE "STANDARD
SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION" AND THE M AND S STANDARDS OF THE COLORADO DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, AS MAY BE AMENDED BY THE CITY OF WHEAT RIDGE.
STREET MEANS A DEDICATED PUBLIC RIGHT-OF-WAY WHICH SERVES,
OR IS INTENDED TO SERVE, THE NEEDS OF RESIDENTIAL, INDUSTRIAL OR
COMMERCIAL AREAS OF THE CITY.
ROUTINE MAINTENANCE MEANS MAINTENANCE OF FACILITIES OR LANDSCAPING IN THE PUBLIC RIGHTS OF WAY WHICH DOES NOT INVOLVE EXCAVATION, INSTALLATION OF NEW FACILITIES, LANE CLOSURES, SIDEWALK
CLOSURES OR DAMAGE TO ANY PORTION OF THE PUBLIC RIGHTS OF WAY.
STOP WORK ORDER MEANS THE ORDER DIRECTING THAT WORK CEASE AS DESCRIBED IN SECTION 21-55 BELOW.
STRUCTURE MEANS ANYTHING CONSTRUCTED OR ERECTED WITH A FIXED LOCATION BELOW, ON, OR ABOVE GRADE, INCLUDING, WITHOUT
LIMITATION, FOUNDATIONS, FENCES, RETAINING WALLS, AWNINGS,
BALCONIES, AND CANOPIES.
UNIMPROVED STREET MEANS A STREET WHICH HAS NOT BEEN SURFACED WITH ASPHALTIC OR CONCRETE PAVEMENT.
WORK MEANS ANY LABOR PERFORMED ON, OR ANY USE OR STORAGE
EQUIPMENT OR MATERIALS, INCLUDING BUT NOT LIMITED TO, EXCAVATION IN
OR CONSTRUCTION OF STREETS AND ALL RELATED APPURTENANCES, FIXTURES, IMPROVEMENTS, SIDEWALKS, DRIVEWAY OPENINGS, BUS SHELTERS, BUS LOADING PADS, STREET LIGHTS, LANDSCAPING AND TRAFFIC SIGNAL DEVICES. IT SHALL ALSO MEAN CONSTRUCTION, MAINTENANCE AND
REPAIR OF ALL UNDERGROUND STRUCTURES SUCH AS PIPES, CONDUITS,
DUCTS, TUNNELS, MANHOLES, VAULTS, BURIED CABLE, WIRE, OR ANY OTHER SIMILAR STRUCTURE LOCATED BELOW SURFACE, AND INSTALLATION OF OVERHEAD POLES USED FOR ANY PURPOSE.
WORK IN THE PUBLIC WAY SHALL INCLUDE, BUT NOT BE LIMITED TO,
EXCAVATION IN OR CONSTRUCTION OF STREETS AND ALL RELATED
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APPURTENANCES, CURBS AND GUTTERS, SIDEWALKS, DRIVEWAY OPENINGS, BUS SHELTERS, BUS LOADING PADS, STREET LIGHTS, LANDSCAPING AND
TRAFFIC SIGNAL DEVICES. IT SHALL ALSO MEAN CONSTRUCTION,
MAINTENANCE AND REPAIR OF ALL UNDERGROUND STRUCTURES SUCH AS PIPES, CONDUITS, DUCTS, TUNNELS, MANHOLES, VAULTS, BURIED CABLE, WIRE OR ANY OTHER SIMILAR STRUCTURES LOCATED UNDER THE SURFACE OF ANY PUBLIC WAY, AND INSTALLATION OF OVERHEAD POLES USED FOR
ANY PURPOSE.
ARTICLE II. - WORK IN PUBLIC WAYS
SEC. 21-11. – PERMIT REQUIRED.
(a) PERMIT REQUIRED, COMPLIANCE WITH REGULATIONS AND SPECIFICATIONS; APPLICATION TO CITY PERSONNEL. NO PERSON EXCEPT
AN EMPLOYEE OR OFFICIAL OF THE CITY OR A PERSON EXEMPTED BY
CONTRACT WITH THE CITY SHALL UNDERTAKE OR PERMIT TO BE UNDERTAKEN ANY CONSTRUCTION, EXCAVATION, OR WORK IN THE PUBLIC RIGHTS OF WAY WITHOUT FIRST OBTAINING A PERMIT FROM THE CITY AS SET FORTH IN THIS CHAPTER, EXCEPT AS PROVIDED IN SECTION
21-14. EACH PERMIT OBTAINED, ALONG WITH ASSOCIATED DOCUMENTS,
SHALL BE MAINTAINED ON THE JOB SITE AND AVAILABLE FOR INSPECTION UPON REQUEST BY ANY OFFICER OR EMPLOYEE OF THE CITY.
(b) LIMITATION OF WORK AREA. NO PERMITTEE SHALL PERFORM CONSTRUCTION, EXCAVATION, OR WORK IN AN AREA LARGER OR AT A
LOCATION DIFFERENT, OR FOR A LONGER PERIOD OF TIME THAN THAT
SPECIFIED IN THE PERMIT OR PERMIT APPLICATION. IF, AFTER CONSTRUCTION, EXCAVATION, OR WORK IS COMMENCED UNDER AN APPROVED PERMIT, IT BECOMES NECESSARY TO PERFORM CONSTRUCTION, EXCAVATION, OR WORK IN A LARGER OR DIFFERENT
AREA THAN ORIGINALLY REQUESTED UNDER THE APPLICATION OR FOR A
LONGER PERIOD OF TIME, THE PERMITTEE SHALL NOTIFY THE DIRECTOR IMMEDIATELY AND WITHIN TWENTY-FOUR HOURS SHALL FILE A SUPPLEMENTARY APPLICATION FOR THE ADDITIONAL CONSTRUCTION, EXCAVATION, OR WORK.
(c) PERMIT TRANSFERABILITY OR ASSIGNABILITY. THE APPLICANT MAY
SUBCONTRACT THE WORK TO BE PERFORMED UNDER A PERMIT PROVIDED THAT THE PERMITTEE SHALL BE AND REMAIN RESPONSIBLE FOR THE PERFORMANCE OF THE WORK UNDER THE PERMIT AND ALL INSURANCE AND FINANCIAL SECURITY AS REQUIRED. PERMITS ARE
TRANSFERABLE AND ASSIGNABLE IF THE TRANSFEREE OR ASSIGNEE
POSTS ALL REQUIRED SECURITY PURSUANT TO THIS CODE AND AGREES TO BE BOUND BY ALL REQUIREMENTS OF THE PERMIT AND THIS CODE.
(d) SUBCONTRACTING. THE APPLICANT MAY SUBCONTRACT THE WORK TO BE PERFORMED UNDER A PERMIT PROVIDED THAT THE PERMITTEE SHALL BE
AND REMAIN RESPONSIBLE FOR THE PERFORMANCE OF THE WORK
UNDER THE PERMIT AND ALL INSURANCE AND FINANCIAL SECURITY AS REQUIRED. PERMITS ARE TRANSFERABLE AND ASSIGNABLE IF THE
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TRANSFEREE OR ASSIGNEE POSTS ALL REQUIRED SECURITY PURSUANT TO THIS CODE AND AGREES TO BE BOUND BY ALL REQUIREMENTS OF THE
PERMIT AND THIS CODE.
(e) EXCEPT AS PROVIDED IN SECTION 21-12, ANY PERSON OR UTILITY FOUND TO BE CONDUCTING ANY EXCAVATION ACTIVITY WITHIN THE PUBLIC RIGHTS OF WAY WITHOUT HAVING FIRST OBTAINED THE REQUIRED PERMIT(S) SHALL IMMEDIATELY CEASE ALL ACTIVITY (EXCLUSIVE OF
ACTIONS REQUIRED TO STABILIZE THE AREA) AND BE REQUIRED TO
OBTAIN A PERMIT BEFORE WORK MAY BE RESTARTED. A SURCHARGE TO BE SET BY COUNCIL/BOARD RESOLUTION SHALL BE REQUIRED IN ADDITION TO ALL APPLICABLE PERMIT FEES.
SEC. 21-12. – EMERGENCY PROCEDURES.
ANY PERSON MAINTAINING FACILITIES IN THE PUBLIC WAY MAY PROCEED
WITH REPAIRS UPON EXISTING FACILITIES WITHOUT A PERMIT WHEN EMERGENCY CIRCUMSTANCES DEMAND THAT THE WORK BE DONE IMMEDIATELY. THE PERSON DOING THE WORK SHALL APPLY TO THE CITY FOR A PERMIT ON OR BEFORE THE THIRD WORKING DAY AFTER SUCH WORK HAS
COMMENCED. ALL EMERGENCY WORK WILL REQUIRE PRIOR TELEPHONE
NOTIFICATION TO THE CITY AND THE APPROPRIATE FIRE PROTECTION AGENCY.
SEC. 21-13. – PERMIT APPLICATION – PERMIT CONTENTS.
AN APPLICANT FOR A PERMIT TO ALLOW CONSTRUCTION, EXCAVATION,
OR WORK IN THE PUBLIC WAY UNDER THIS SECTION SHALL:
(1) FILE A WRITTEN APPLICATION ON FORMS FURNISHED BY THE CITY WHICH INCLUDE THE FOLLOWING: THE DATE OF APPLICATION; THE NAME AND ADDRESS OF THE APPLICANT; THE NAME AND ADDRESS OF THE DEVELOPER, CONTRACTOR OR SUBCONTRACTOR LICENSED TO
PERFORM WORK IN THE PUBLIC WAY; THE EXACT LOCATION OF THE
PROPOSED CONSTRUCTION, EXCAVATION, OR WORK ACTIVITY, THE TYPE OF EXISTING PUBLIC INFRASTRUCTURE (STREET PAVEMENT, CURB AND GUTTER, SIDEWALKS OR UTILITIES) IMPACTED BY THE CONSTRUCTION, EXCAVATION, OR WORK; THE PURPOSE OF THE
PROPOSED CONSTRUCTION, EXCAVATION, OR WORK; PROPOSED
HOURS OF WORK; ITEMIZATION OF THE TOTAL COST OF RESTORATION IF REQUIRED, OR AT THE DISCRETION OF THE DIRECTOR, OTHER PUBLISHED STREET REPAIR COST ESTIMATING STANDARDS; AND TYPE OF WORK PROPOSED.
(2) INCLUDE AN AFFIRMATIVE STATEMENT THAT THE APPLICANT OR ITS
CONTRACTOR IS NOT DELINQUENT IN PAYMENTS DUE THE CITY ON PRIOR WORK.
(3) ATTACH COPIES OF ALL PERMITS OR LICENSES (INCLUDING REQUIRED INSURANCE, DEPOSITS, BONDING, AND WARRANTIES) REQUIRED TO
DO THE PROPOSED WORK AND TO WORK IN THE PUBLIC RIGHTS OF
WAY, IF LICENSES OR PERMITS ARE REQUIRED UNDER THE LAWS OF
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THE UNITED STATES, THE STATE OF COLORADO, OR THE ORDINANCES OR REGULATIONS OF THE CITY. IF RELEVANT PERMITS OR LICENSES
HAVE BEEN APPLIED FOR BUT NOT YET RECEIVED, PROVIDE A
WRITTEN STATEMENT SO INDICATING. COPIES OF ANY SUCH PERMITS OR LICENSES SHALL BE PROVIDED TO THE CITY WITHIN FORTY-EIGHT (48) HOURS AFTER RECEIPT.
(4) PROVIDE A SATISFACTORY PLAN OF WORK ACCEPTABLE TO THE
DIRECTOR SHOWING PROTECTION OF THE SUBJECT PROPERTY AND
ADJACENT PROPERTIES.
(5) PROVIDE A SATISFACTORY PLAN FOR THE PROTECTION OF EXISTING LANDSCAPING ACCEPTABLE TO THE DIRECTOR, WHEN THE CITY DETERMINES THAT DAMAGE MAY OCCUR.
(6) INCLUDE A SIGNED STATEMENT VERIFYING THAT ALL ORDERS ISSUED
BY THE CITY TO THE APPLICANT, REQUIRING THE APPLICANT TO CORRECT DEFICIENCIES UNDER PREVIOUS PERMITS ISSUED UNDER THIS CODE, HAVE BEEN SATISFIED. THIS VERIFICATION SHALL NOT APPLY TO OUTSTANDING CLAIMS WHICH ARE HONESTLY AND
REASONABLY DISPUTED BY THE APPLICANT, IF THE APPLICANT AND
THE CITY ARE NEGOTIATING IN GOOD FAITH TO RESOLVE THE DISPUTE.
(7) INCLUDE WITH THE APPLICATION ENGINEERING CONSTRUCTION DRAWINGS OR SITE PLANS FOR THE PROPOSED CONSTRUCTION,
EXCAVATION, OR WORK.
(8) THE DIRECTOR MUST APPROVE ALL TUNNEL OR BORE CONSTRUCTION PRIOR TO CONSTRUCTION. TUNNEL AND/OR BORE CONSTRUCTION MAY BE REQUIRED IN LIEU OF OPEN EXCAVATION IF THE DIRECTOR DEEMS IT TO BE IN THE BEST INTEREST OF THE CITY.
(9) UNLESS OTHERWISE PROVIDED IN A FRANCHISE AGREEMENT WITH
THE CITY, PROVIDE SATISFACTORY SECURITY (LETTER OF CREDIT OR PERFORMANCE BOND) TO SECURE THE PERFORMANCE OF THE OBLIGATIONS CONTAINED HEREIN.
(10) PAY THE FEES PRESCRIBED BY THIS CODE.
(11) APPLICANTS SHALL UPDATE ANY NEW INFORMATION ON PERMIT
APPLICATIONS WITHIN TEN (10) DAYS AFTER ANY MATERIAL CHANGE OCCURS.
SEC. 21-14. - PERMIT TO WORK IN THE PUBLIC RIGHT-OF-WAY CONTENTS.
(a) EACH PERMIT ISSUED UNDER THIS SECTION SHALL STATE THE PERMIT
NUMBER, THE DATE OF ISSUE AND EXPIRATION OF THE PERMIT; THE
NAME AND ADDRESS OF THE PERMITTEE, THE NAME AND ADDRESS OF
THE DEVELOPER, CONTRACTOR OR SUBCONTRACTOR LICENSED TO
PERFORM WORK UNDER THE PERMIT; THE LOCATION, NATURE, AND
PURPOSE OF THE PROPOSED CONSTRUCTION, EXCAVATION, OR WORK
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PERMITTED; ANY CONDITIONS OF APPROVAL (INCLUDING BUT NOT
LIMITED TO INSPECTION, TESTING, CERTIFICATION, AND PROVISION OF AS
BUILT DRAWINGS); THE TYPE OF EXISTING PUBLIC INFRASTRUCTURE
(STREET PAVEMENT, CURB AND GUTTER, SIDEWALKS OR UTILITIES)
IMPACTED BY THE PERMIT; INCORPORATION OF THE ENGINEERING
CONSTRUCTION DRAWINGS OR SITE PLANS AND TRAFFIC CONTROL AND
EROSION PROTECTION PLANS; INCORPORATION OF ANY SUPPLEMENTAL
PERMITS (WETLAND, FLOODPLAIN DEVELOPMENT, STATE HIGHWAY
ACCESS OR UTILITY, REVOCABLE RIGHT-OF-WAY AND WATER AND SEWER
UTILITY PERMITS, ETC.) REQUIRED; THE AMOUNT OF FEES AND DEPOSITS
PAID, AND THE PERFORMANCE BONDS, LETTER OF CREDIT, OR OTHER
SECURITY FILED BY THE PERMITTEE. THE PERMITS SHALL BE ISSUED
WITHIN A REASONABLE TIME AFTER SUBMITTING A COMPLETE
APPLICATION WITH ALL REQUIREMENTS ATTACHED. IF THE CITY
REQUIRES MORE INFORMATION FOR PROCESSING AN APPLICATION, THE
CITY SHALL REQUEST THE SPECIFIC INFORMATION NEEDED IN WRITING
WITHIN FIFTEEN (15) DAYS OF SUBMITTING AN APPLICATION.
(b) MAINTENANCE PERMITS. A PUBLIC RIGHTS OF WAY PERMIT SHALL NOT BE
REQUIRED FOR ROUTINE MAINTENANCE IN THE PUBLIC RIGHTS OF WAY.
HOWEVER, OTHER MAINTENANCE OPERATIONS WITHIN THE PUBLIC RIGHTS OF WAY WHICH INVOLVE TRAFFIC LANE CLOSURES OR SIDEWALK CLOSURES SHALL REQUIRE A PUBLIC RIGHTS OF WAY PERMIT. TO EXPEDITE THE PROCESS FOR ONGOING MAINTENANCE OPERATIONS,
OWNERS OF FACILITIES WITHIN THE PUBLIC RIGHTS OF WAY MAY, AT
THEIR SOLE OPTION AND IN THE ALTERNATIVE TO OBTAINING INDIVIDUAL PUBLIC RIGHTS OF WAY PERMITS, OBTAIN A MAINTENANCE PERMIT PURSUANT TO THIS SECTION.
(c) A MAINTENANCE PERMIT SHALL BE VALID FROM THE DATE OF ISSUANCE
OF THE PERMIT FOR UP TO TWELVE (12) CONSECUTIVE MONTHS. UNDER
NO CIRCUMSTANCES SHALL A MAINTENANCE PERMIT BE VALID FOR MORE THAN ONE (1) YEAR.
(d) A MAINTENANCE PERMIT SHALL NOT, UNDER ANY CIRCUMSTANCES, AUTHORIZE ANY PAVEMENT DISTURBANCE OR INSTALLATION OF NEW
FACILITIES. NOTWITHSTANDING THE FOREGOING, EXISTING FACILITIES
MAY BE REMOVED AND REPLACED WITH NEW FACILITIES, IF NO EXCAVATION OR PAVEMENT DISTURBANCE IS REQUIRED.
(e) ANY PERSON SEEKING A MAINTENANCE PERMIT SHALL FILE AN APPLICATION ON A FORM PROVIDED BY THE CITY/TOWN/COUNTY WHICH
INCLUDES THE FOLLOWING INFORMATION:
1. THE DATE OF APPLICATION. 2. THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE APPLICANT. 3. A GENERAL DESCRIPTION OF THE MAINTENANCE OPERATIONS.
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4. ANY LOCATION OF MAINTENANCE OPERATIONS KNOWN AT THE TIME OF APPLICATION.
5. TRAFFIC CONTROL PLANS AS REQUIRED BY THIS SECTION AND
SECTION 21-60, TRAFFIC CONTROL. 6. IF APPLICABLE, DOCUMENTATION OF THE APPROVAL FOR WORK REQUIRED IN LANDSCAPED MEDIANS.
(f) THE APPLICABLE PERMIT FEE AS SET BY SECTION 21-20 SHALL
ACCOMPANY THE APPLICATION WHEN SUBMITTED.
(g) MAINTENANCE PERMITS SHALL BE SUBJECT TO ALL APPLICABLE PROVISIONS OF THIS CODE.
(h) A MAINTENANCE PERMIT SHALL NOT REQUIRE A PERFORMANCE BOND, LETTER OF CREDIT OR WARRANTY. WORK PERFORMED PURSUANT TO A
MAINTENANCE PERMIT SHALL NOT BE SUBJECT TO THE SPECIFIC
INSPECTIONS SET FORTH IN SECTION 21-20, BUT MAY BE SUBJECT TO RANDOM INSPECTION BY THE CITY TO ENSURE COMPLIANCE WITH THE TERMS OF THE MAINTENANCE PERMIT AND APPLICABLE PROVISIONS OF THIS CODE.
SECS. 21-15—21-19. - RESERVED.
SEC. 21-20. - FEES GENERALLY; BONDS, ETC.; OTHER PROVISIONS RELATIVE TO PERMITS.
(a) ESTABLISHMENT BY RESOLUTION; MAINTENANCE OF FEE SCHEDULE. THE FEES TO BE PAID FOR PERMITS REQUIRED BY THIS ARTICLE AND FOR
INSPECTIONS MADE OR REQUIRED BY THIS ARTICLE SHALL BE
ESTABLISHED BY RESOLUTION, TAKING INTO ACCOUNT THE COSTS INCURRED BY THE CITY IN PROVIDING SERVICES RELATING TO THE GRANTING AND ADMINISTERING OF PERMITS HEREUNDER. THE CURRENT FEE SCHEDULE SHALL BE MAINTAINED BY THE DEPARTMENT OF PUBLIC
WORKS AND MAY BE EXAMINED DURING NORMAL BUSINESS HOURS.
(b) WHEN BOND REQUIRED. WHEN THE COST OF THE WORK FOR WHICH A PERMIT OR PERMITS IS REQUIRED EXCEEDS TEN THOUSAND DOLLARS ($10,000.00), A BOND IN THE AMOUNT OF THE ESTIMATED COST OF SUCH WORK SHALL BE FILED WITH THE DIRECTOR PRIOR TO THE ISSUANCE OF
SUCH PERMIT, UNLESS OTHERWISE PROVIDED IN A FRANCHISE
AGREEMENT WITH THE CITY. THE BOND SHALL BE IN EFFECT FOR TWO (2) YEARS AFTER ACCEPTANCE OF THE WORK BY THE CITY.
(c) VIOLATION; PENALTY; REPLACEMENT AT PERMITTEE'S COST. UNLESS OTHERWISE PROVIDED FOR IN THIS ARTICLE, WORK IN THE PUBLIC WAY
WITHOUT A VALID PERMIT WHEN THE APPLICANT IS OPERATING WITHOUT
SUCH PERMIT IS A VIOLATION OF THE CODE OF LAWS. THE VIOLATOR SHALL BE REQUIRED TO OBTAIN THE REQUIRED PERMIT FOR THE WORK. UNLESS OTHERWISE LIMITED BY LAW, THE MINIMUM ADMINISTRATIVE PENALTY ASSESSED SHALL BE EITHER TWO HUNDRED TWENTY-FIVE
DOLLARS ($225.00) OR TRIPLE THE PERMIT AND INSPECTION FEES,
WHICHEVER IS GREATER, PLUS ANY ADDITIONAL COSTS INCURRED FOR
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SPECIAL TESTING OF THE COMPLETED WORK. IF, IN THE OPINION OF THE DIRECTOR, THE COMPLETED WORK CANNOT BE ADEQUATELY TESTED OR
WAS PLACED NOT IN ACCORDANCE WITH THE APPROVED PLANS AND
SPECIFICATIONS, IT SHALL BE REMOVED AND REPLACED AT THE PERMITTEE'S SOLE COST.
(d) DENIAL OF PERMIT; APPEAL. NO PERMIT SHALL BE ISSUED TO ANY PERSON WHO, IN THE REASONABLE OPINION OF THE DIRECTOR, IS NOT
QUALIFIED TO PERFORM THE WORK IN ACCORDANCE WITH THE STREET
EXCAVATION STANDARDS AND SPECIFICATIONS. THE DECISION OF THE DIRECTOR UPON APPEAL SHALL CONSTITUTE THE FINAL DECISION OF THE CITY.
(e) ESCROW ACCOUNT. IN THE SOLE DISCRETION OF THE CITY, THE
PERMITTEE MAY SET UP AN ESCROW ACCOUNT WITH THE CITY TO COVER
COSTS ASSOCIATED WITH THE PERMITS REQUIRED UNDER THIS CHAPTER.
SEC. 21-21. - LICENSES AND FEES.
(a) THE DEPARTMENT OF PUBLIC WORKS SHALL DETERMINE LICENSE
QUALIFICATIONS FOR CLASS A THROUGH CLASS C LICENSES.
(b) 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:
(1) MUNICIPAL CONTRACTOR—CLASS A. A LICENSE TO DO WORK AS A
MUNICIPAL CONTRACTOR, CLASS A, SHALL BE REQUIRED FOR THE
INSTALLATION OF THE FOLLOWING IN THE PUBLIC WAY:
a. WATER MAINS.
b. SEWER MAINS.
c. WATER AND SEWER SERVICE LINES.
d. STORM DRAINS.
e. RELATED STRUCTURES.
(2) SAME—CLASS B. A LICENSE TO DO WORK AS A MUNICIPAL CONTRACTOR, CLASS B, SHALL BE REQUIRED FOR STREET, ALLEY AND OTHER ROADWAY-RELATED CONSTRUCTION IN THE PUBLIC WAY,
INCLUSIVE OF:
a. EXCAVATION, GRADING, LEVELING OF SUB-GRADE.
b. COMPACTION, ROLLING, GRAVELING, ASPHALTING, PAVING, CURBING, DRAINING, POT-HOLING AND DRILLING.
c. CONSTRUCTION OF CURB, GUTTER, SIDEWALKS, MEDIANS AND
OTHER CONCRETE STRUCTURES OR INSTALLATIONS.
d. CONSTRUCTION OF TRAFFIC SIGNAL INSTALLATIONS.
(3) SAME—CLASS C. A LICENSE TO DO WORK AS A MUNICIPAL CONTRACTOR, CLASS C, SHALL BE ISSUED FOR, AND LIMITED TO, THE
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INSTALLATION OF WATER AND SEWER SERVICE LINES INCLUDING EXCAVATION, PIPE PLACEMENT, BACKFILLING AND OTHER
OPERATIONS AS NECESSARY IN THE PUBLIC WAY.
(4) TRAFFIC CONTROL AND STREET LIGHTS ONLY—CLASS D. A LICENSE TO DO WORK AS A MUNICIPAL CONTRACTOR, CLASS D, SHALL BE REQUIRED FOR NON-ROADWAY-RELATED CONSTRUCTION IN THE PUBLIC WAY, INCLUSIVE OF:
a. TRAFFIC CONTROL.
b. INSTALLATION OF STREET AND/OR PEDESTRIAN LIGHTS. A SEPARATE ELECTRICAL PERMIT SHALL BE REQUIRED FROM THE BUILDING DIVISION.
c. TREE TRIMMING AND/OR CUTTING ON PRIVATE OR PUBLIC
PROPERTY.
d. STAGING OF MATERIALS AND/OR TRASH RECEPTACLES, EXCEPT FOR PRIVATE HOUSEHOLD USE.
(5) SAME—LICENSE LIMITATIONS. THE DIRECTOR OF PUBLIC WORKS SHALL REVIEW APPLICATIONS FOR MUNICIPAL CONTRACTORS'
LICENSES AND SHALL INDICATE THOSE CONTRACTORS, WHICH THE
APPLICANT HAS SHOWN HE IS QUALIFIED TO PERFORM. UPON COMPLETION OF REVIEW, THE DIRECTOR OF PUBLIC WORKS SHALL THEN CAUSE TO BE ISSUED A LICENSE LIMITED AS INDICATED.
(c) HOLDERS OF CERTAIN OF THE LICENSES MAY PERFORM AS IF LICENSED
FOR CERTAIN OF THE OTHER FUNCTIONS IN ACCORDANCE WITH THE
FOLLOWING SCHEDULE:
CLASS A CLASS C
(d) THE ANNUAL LICENSE FEES FOR CONTRACTORS LICENSE UNDER THE
PROVISIONS OF THIS ARTICLE SHALL BE PAID IN ACCORDANCE WITH THE FOLLOWING TABLE:
(1) MUNICIPAL CONTRACTOR, CLASS A—$200.00.
(2) MUNICIPAL CONTRACTOR, CLASS B—$150.00.
(3) MUNICIPAL CONTRACTOR, CLASS C—$125.00.
(3) MUNICIPAL CONTRACTOR, CLASS D—$50.00.
LICENSE FEES ARE DUE WITH THE LICENSE APPLICATION AND ARE NONREFUNDABLE. NONISSUANCE OF LICENSES SHALL NOT ENTITLE APPLICANT TO A REFUND OF FEES PAID.
(e) INSURANCE AND INDEMNIFICATION. UNLESS OTHERWISE SPECIFIED IN A
FRANCHISE AGREEMENT BETWEEN THE PERMITTEE AND THE CITY, PRIOR TO THE GRANTING OF ANY PERMIT, THE PERMITTEE SHALL FILE WITH THE CITY AN INSURANCE POLICY OR CERTIFICATE IN A FORM SATISFACTORY TO THE CITY/TOWN/COUNTY WITH COVERAGE AS FOLLOWS:
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1. THE PERMITTEE SHALL CARRY AND MAINTAIN IN FULL EFFECT AT ALL
TIMES A COMMERCIAL GENERAL LIABILITY POLICY, INCLUDING BROAD
FORM PROPERTY DAMAGE, COMPLETED OPERATIONS CONTRACTUAL LIABILITY, EXPLOSION HAZARD, COLLAPSE HAZARD, UNDERGROUND PROPERTY DAMAGE HAZARD, COMMONLY KNOWN AS XCU, FOR LIMITS NOT LESS THAN TWO MILLION DOLLARS ($2,000,000.00) EACH
OCCURRENCE FOR DAMAGES OF BODILY INJURY OR DEATH TO ONE
OR MORE PERSONS; AND ONE MILLION DOLLARS ($1,000,000.00) EACH OCCURRENCE FOR DAMAGE TO OR DESTRUCTION OF PROPERTY.
2. WORKERS COMPENSATION INSURANCE AS REQUIRED BY STATE LAW.
3. CITY DEPARTMENTS SHALL BE RELIEVED OF THE OBLIGATION OF
SUBMITTING A CERTIFICATE OF INSURANCE.
4. NOTWITHSTANDING THE FOREGOING, THE DIRECTOR MAY WAIVE ANY INSURANCE REQUIREMENT OR OTHER REQUIREMENTS ADDRESSING FINANCIAL SECURITY FOR (I) A GOVERNMENTAL ENTITY, OR (II) OTHER ENTITY IF SUCH OTHER ENTITY IS DEEMED TO PROVIDE SUFFICIENT
COVERAGE THROUGH SELF-INSURANCE, IN HIS OR HER SOLE
REASONABLE DISCRETION.
(f) LICENSE AND PERMIT BOND. A CASH BOND IN THE AMOUNT OF TEN THOUSAND DOLLARS ($10,000.00) SHALL BE DEPOSITED WITH THE CITY PRIOR TO ISSUANCE OF ANY CLASS A, B OR C MUNICIPAL CONTRACTOR
LICENSES. THE BOND SHALL BE HELD BY THE CITY TO INSURE
COMPLETION OF ANY WORK PERMITTED TO THE MUNICIPAL CONTRACTOR AND TO WARRANT ANY WORK PERFORMED UNDER A LICENSE FOR A PERIOD OF TWO (2) YEARS. AN INSURANCE COMPANY PERFORMANCE AND WARRANTY BOND ACCEPTABLE TO THE DIRECTOR OF PUBLIC WORKS
MAY BE SUBSTITUTED FOR THE REQUIRED CASH BOND.
SEC. 21-22. AUTHORITY; PROCEDURE; EMERGENCY SUSPENSION.
(a) AUTHORITY. THE DIRECTOR OF PUBLIC WORKS MAY SUSPEND OR REVOKE CLASS A THROUGH C LICENSES. LICENSE SUSPENSION OR REVOCATION MAY OCCUR WHEN THE LICENSEE COMMITS ONE (1) OR
MORE OF THE FOLLOWING ACTS OR OMISSIONS:
(1) FAILING TO COMPLY WITH ANY OF THE LICENSEE RESPONSIBILITIES AS OUTLINED IN THIS CHAPTER.
(2) KNOWINGLY COMBINING OR CONSPIRING WITH A PERSON BY PERMITTING ONE'S LICENSE TO BE USED BY SUCH PERSON, FIRM
OR CORPORATION.
(3) ACTING AS AGENT, PARTNER, ASSOCIATE OR IN ANY OTHER CAPACITY WITH PERSONS, FIRMS OR CORPORATIONS TO EVADE THE PROVISIONS OF THIS CHAPTER.
(4) COMMITTING ANY ACT OF NEGLIGENCE, INCOMPETENCE, OR
MISCONDUCT IN THE PERFORMANCE OF THE CONTRACTOR'S
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SPECIFIC TRADE WHICH RESULTS IN A SUBSTANTIAL THREAT TO PUBLIC HEALTH AND SAFETY.
(5) PERFORMING UNDER HIS/HER LICENSE IN AN UNWORKMANLIKE,
CARELESS, OR RECKLESS MANNER.
(b) PROCEDURE. WHEN ANY OF THE ACTS OR COMMISSIONS AS HEREIN ENUMERATED ARE COMMITTED BY A LICENSE HOLDER AND THE DIRECTOR OF PUBLIC WORKS DEEMS THAT SUCH LICENSE SHALL BE
SUSPENDED OR REVOKED, THE PROCEDURE SHALL BE AS FOLLOWS:
(1) THE LICENSEE SHALL BE NOTIFIED, IN WRITING, BY OR BY PERSONAL SERVICE, AT LEAST SEVEN (7) DAYS PRIOR TO SUSPENSION OR REVOCATION.
(2) APPEALS OF A LICENSE SUSPENSION OR TERMINATION SHALL BE
MADE TO THE DIRECTOR OF PUBLIC WORKS. APPEALS MUST BE MADE
IN WRITING WITHIN SEVEN (7) WORKING DAYS OF RECEIPT OF NOTICE.
(3) THE HEARING DATE SHALL BE SET WITHIN FOURTEEN (14) DAYS OF RECEIPT OF THE PROTEST AND THE LICENSEE SHALL BE NOTIFIED OF THE SAME.
(4) WHEN A HEARING IS CONDUCTED, THE LICENSEE AND OTHER
INTERESTED PARTIES MAY BE IN ATTENDANCE. UPON COMPLETION OF THE HEARING, THE DIRECTOR OF PUBLIC WORKS SHALL TAKE ALL EVIDENCE ADMITTED UNDER ADVISEMENT AND SHALL NOTIFY THE LICENSEE OF THEIR FINDINGS AND RULINGS EITHER DURING THE
MEETING OR IN WRITING BY CERTIFIED MAIL.
(5) HEARINGS SHALL BE ADMINISTRATIVE AND INFORMAL. ALTHOUGH AN INTERESTED PARTY MAY BE REPRESENTED BY AN ATTORNEY, NO FORMAL RULES OF EVIDENCE SHALL BE OBSERVED. NO CROSS-EXAMINATION OF WITNESSES WILL BE PERMITTED. EVIDENCE AND
WITNESSES WILL BE RECEIVED, HOWEVER THE HEARING OFFICER HAS
THE RIGHT TO EXCLUDE EVIDENCE WHICH IS REPETITIVE AND/OR IRRELEVANT. THE HEARING OFFICER MAY PERMIT CONCLUDING AND/OR REBUTTAL STATEMENTS. THE DECISION OF THE HEARING OFFICER SHALL BE THE FINAL ACTION OF THE CITY FOR PURPOSES OF
ANY APPEAL.
(c) EMERGENCY SUSPENSION. IF THE DIRECTOR OF PUBLIC WORKS FINDS THAT CAUSE DOES EXIST FOR SUSPENSION OR REVOCATION OF A LICENSE, HE MAY ENTER AN ORDER FOR IMMEDIATE SUSPENSION OF SUCH LICENSE, PENDING FURTHER INVESTIGATION. THE LICENSEE MAY,
UPON NOTICE OF SUCH SUSPENSION, REQUEST AN IMMEDIATE HEARING
BEFORE THE DIRECTOR OF PUBLIC WORKS AND THE HEARING SHALL BE CONDUCTED IN THE MANNER PRESCRIBED BY UNDER SUBSECTION (B) ABOVE.
SECS. 21-23—21-29. - RESERVED.
SEC. 21-30. – PERFORMANCE WARRANTY/GUARANTEE
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(a) ANY WARRANTY MADE HEREUNDER SHALL SERVE AS SECURITY FOR THE PERFORMANCE OF WORK NECESSARY TO REPAIR THE PUBLIC RIGHTS OF
WAY IF THE PERMITTEE FAILS TO MAKE THE NECESSARY REPAIRS OR TO
COMPLETE THE WORK UNDER THE PERMIT.
(b) THE PERMITTEE, BY ACCEPTANCE OF THE PERMIT, EXPRESSLY WARRANTS AND GUARANTEES COMPLETE PERFORMANCE OF THE WORK IN A MANNER ACCEPTABLE TO THE CITY AND GUARANTEES ALL WORK
DONE FOR A PERIOD OF THREE (3) YEARS AFTER THE DATE OF
PROBATIONARY ACCEPTANCE AND AGREES TO MAINTAIN UPON DEMAND AND TO MAKE ALL NECESSARY REPAIRS DURING THE THREE (3) YEAR PERIOD. THIS WARRANTY SHALL INCLUDE ALL REPAIRS AND ACTIONS NEEDED AS A RESULT OF:
(1) DEFECTS IN WORKMANSHIP;
(2) SETTLING OF FILLS OR EXCAVATIONS;
(3) ANY UNAUTHORIZED DEVIATIONS FROM THE APPROVED PLANS AND SPECIFICATIONS;
(4) FAILURE TO BARRICADE;
(5) FAILURE TO CLEAN UP DURING AND AFTER PERFORMANCE OF THE
WORK;
(6) ANY OTHER VIOLATION OF THIS CHAPTER OR THE ORDINANCES OF THE CITY.
(c) THE THREE (3) YEAR WARRANTY PERIOD SHALL RUN FROM THE DATE OF
THE CITY'S PROBATIONARY ACCEPTANCE OF THE WORK. IF REPAIRS ARE
REQUIRED DURING THE THREE (3) YEAR WARRANTY PERIOD, THOSE REPAIRS NEED ONLY BE WARRANTED UNTIL THE END OF THE INITIAL THREE (3) YEAR PERIOD STARTING WITH THE DATE OF PROBATIONARY ACCEPTANCE. IT IS NOT NECESSARY THAT A NEW THREE (3) YEAR
WARRANTY BE PROVIDED FOR SUBSEQUENT REPAIRS AFTER
PROBATIONARY ACCEPTANCE.
(d) AT ANY TIME PRIOR TO COMPLETION OF THE THREE (3) WARRANTY PERIOD, THE CITY MAY NOTIFY THE PERMITTEE, IN WRITING, OF ANY NEEDED REPAIRS. SUCH REPAIRS SHALL BE COMPLETED WITHIN TWENTY-
FOUR (24) HOURS IF THE DEFECTS ARE DETERMINED BY THE CITY TO BE
AN IMMINENT DANGER TO THE PUBLIC HEALTH, SAFETY AND WELFARE. NON-EMERGENCY REPAIRS SHALL BE COMPLETED WITHIN THIRTY (30) CALENDAR DAYS AFTER SUCH NOTICE.
(e) THE WARRANTY DESCRIBED IN THIS SECTION SHALL COVER ONLY THOSE
AREAS OF WORK UNDERTAKEN BY A PERMITTEE AND NOT DIRECTLY
IMPACTED BY THE WORK OF ANY OTHER PERMITTEE OR THE CITY. IN THE EVENT THAT A PORTION OF WORK WARRANTED BY PERMITTEE IS SUBSEQUENTLY IMPACTED BY WORK OF ANOTHER PERMITTEE OR THE CITY DURING THE WARRANTY PERIOD, THAT OTHER PERMITTEE OR THE
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CITY SHALL ASSUME RESPONSIBILITY FOR REPAIR TO THE SUBSEQUENTLY IMPACTED SECTION OF RIGHTS OF WAY.
SEC. 21-31. – APPEALS PROCEDURE.
ANY DECISION RENDERED BY THE DIRECTOR PURSUANT TO THIS CODE MAY BE APPEALED WITHIN THIRTY (30) DAYS BY THE PERMITTEE TO THE CITY MANAGER/BOARD OF ADJUSTMENT/CITY COUNCIL IN ACCORDANCE WITH THE RULES AND PROCEDURES ESTABLISHED BY THAT BODY.
SECS. 21-32—21-50. - RESERVED.
SEC. 21-51. - LIABILITY FOR INJURIES, DAMAGE.
TO THE EXTENT AUTHORIZED AND PERMITTED BY LAW, THE UTILITY DISTRICT OR COMPANY SHALL BE RESPONSIBLE FOR LIABILITY FOR INJURY TO PERSONS OR DAMAGE TO PROPERTY RESULTING FROM INSTALLATION OF
ITS UNDERGROUND STRUCTURES OR FROM THE REPAIR OR FAILURE TO
REPAIR STREET SURFACES AS HEREIN PROVIDED. IF THE UTILITY COMPANY OR DISTRICT IS CONDUCTING THE WORK WITH THEIR OWN FORCES, THEY SHALL SUBMIT PROOF OF INSURANCE AND BOND AS REQUIRED IN SECTION 5-125 OF THE WHEAT RIDGE CODE OF LAWS.
SEC. 21-52. - RESPONSIBILITIES OF PERSONS WORKING IN THE PUBLIC WAY.
RESPONSIBILITIES OF PERSONS PERFORMING WORK IN THE PUBLIC WAYS OF THE CITY SHALL BE AS FOLLOWS:
(1) EXCEPT AS SPECIFICALLY LIMITED BY SECTION 21-51 OF THIS CHAPTER (AS RELATES SOLELY TO UTILITIES AND QUASI-MUNICIPAL
CORPORATIONS, AND INCLUDING, FOR PURPOSES OF THIS CHAPTER
21) AND UNLESS OTHERWISE SPECIFIED IN A FRANCHISE AGREEMENT WITH THE CITY, PERSONS MAKING EXCAVATIONS IN THE PUBLIC WAYS OF THE CITY SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, THE CITY COUNCIL MEMBERS, THE DIRECTOR AND CITY EMPLOYEES
INDIVIDUALLY FROM LIABILITY FOR INJURY TO PERSONS OR DAMAGE
TO PROPERTY RESULTING FROM ANY WORK PERFORMED UNDER A PERMIT INCLUDING EXCAVATION OR BACKFILL OF UNDERGROUND STRUCTURES OR FAILURE TO REPAIR STREET SURFACES AS HEREIN PROVIDED UNLESS CAUSED BY THE INTENTIONAL ACTS OF THE CITY.
THEY FURTHER SHALL HOLD HARMLESS THE CITY, THE CITY COUNCIL
MEMBERS, THE DIRECTOR AND CITY EMPLOYEES INDIVIDUALLY FROM LIABILITY FOR INJURY TO PERSONS OR DAMAGE TO PROPERTY RESULTING FROM THE INADEQUACY OF BARRICADES, LIGHTS OR OTHER PROPER WARNING DEVICES, UNLESS CAUSED BY THE
INTENTIONAL ACTS OF THE CITY. IN THOSE INSTANCES WHERE
INDEMNIFICATION IS PRECLUDED BY LAW, THE ENTITY PERFORMING WORK PROVIDED HEREUNDER SHALL BE RESPONSIBLE FOR ITS OWN, OR ITS CONTRACTOR'S OR AGENT'S ACTS OR OMISSIONS.
(2) GOOD PRACTICES AND STANDARD SAFETY PRECAUTIONS SHALL BE
OBSERVED AT ALL TIMES AND THE TRAFFIC CONTROL PLAN SHALL BE
FOLLOWED.
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(3) DURING THE DEVELOPMENT PHASE IN NEW SUBDIVISIONS WHILE STREETS ARE BEING LAID OUT, CONSTRUCTED AND/OR SURFACED,
OR WHILE UTILITY LINES ARE BEING LAID OR INSTALLED,
AUTHORIZATION MAY BE GRANTED TO TOTALLY CLOSE THESE STREETS IN THE INTEREST OF PUBLIC SAFETY. THIS AUTHORIZATION WILL BE IN WRITING AND APPROVED BY THE DIRECTOR. THE AUTHORIZATION SHALL STATE THE TIME PERIOD WHEN SUCH TOTAL
CLOSURE WILL BE ALLOWED AND ANY SPECIAL CONDITIONS
REQUIRED FOR CLOSURE OF THE ROADWAYS.
(4) WHEN A STREET IS OVERLAID OR RECONSTRUCTED BY THE CITY OR WORK IN THE RIGHT-OF-WAY IS UNDERTAKEN BY ANOTHER PERMITTEE, THE RESPONSIBILITY OF THE ORIGINAL PERMITTEE IS
REMOVED TO THE EXTENT THAT SUCH SUBSEQUENT WORK AFFECTS
THE ORIGINAL PERMITTEE'S WORK, IN THE SOLE DETERMINATION OF THE DIRECTOR. THE CITY SHALL CANCEL AND AUTOMATICALLY RELEASE ANY ESCROWS THAT ARE ON DEPOSIT WITH THE CITY AFTER ANY DEDUCTIONS ARE MADE FROM THE ESCROW ACCOUNT OR THE
PERMITTEE PAYS THE CITY FOR COSTS RELATED TO STABILIZATION
OF ITS STREET CUTS.
(5) (a) RELOCATION AND PROTECTION OF UTILITIES. BEFORE BEGINNING EXCAVATION IN ANY PUBLIC WAY, A PERMITTEE SHALL CONTACT THE UTILITY NOTIFICATION CENTER OF COLORADO (UNCC)
AND, TO THE EXTENT REQUIRED BY C.R.S. §9-1.5-102 ET SEQ., MAKE
INQUIRIES OF ALL DITCH COMPANIES, UTILITY COMPANIES, BROADBAND PROVIDERS, DISTRICTS, LOCAL GOVERNMENT DEPARTMENTS, AND ALL OTHER AGENCIES THAT MIGHT HAVE FACILITIES IN THE AREA OF WORK TO DETERMINE POSSIBLE
CONFLICTS.
THE PERMITTEE SHALL CONTACT THE UNCC AND REQUEST FIELD LOCATIONS OF ALL FACILITIES IN THE AREA PURSUANT TO UNCC REQUIREMENTS. FIELD LOCATIONS SHALL BE MARKED PRIOR TO COMMENCING WORK. THE PERMITTEE SHALL SUPPORT AND PROTECT
ALL PIPES, CONDUITS, POLES, WIRES, OR OTHER APPARATUS WHICH
MAY BE AFFECTED BY THE WORK FROM DAMAGE DURING CONSTRUCTION OR SETTLEMENT OF TRENCHES SUBSEQUENT TO CONSTRUCTION.
(b) NOISE, DUST, DEBRIS. EACH PERMITTEE SHALL CONDUCT WORK IN
ACCORDANCE TO ALL APPLICABLE LAWS AND IN SUCH MANNER AS
TO AVOID UNNECESSARY INCONVENIENCE AND ANNOYANCE TO THE GENERAL PUBLIC AND OCCUPANTS OF NEIGHBORING PROPERTY. IN THE PERFORMANCE OF THE WORK, THE PERMITTEE SHALL TAKE APPROPRIATE MEASURES TO REDUCE NOISE, DUST,
AND UNSIGHTLY DEBRIS
(c) TRASH AND CONSTRUCTION MATERIALS. EACH PERMITTEE SHALL MAINTAIN THE WORK SITE SO THAT AND CONSTRUCTION
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MATERIALS ARE CONTAINED SO THAT THEY ARE NOT BLOWN OFF OF THE CONSTRUCTION SITE; TRASH IS REMOVED FROM A
CONSTRUCTION SITE IS REMOVED FROM A CONSTRUCTION SITE
OFTEN ENOUGH SO THAT IT DOES NOT BECOME A HEALTH, FIRE, OR SAFETY HAZARD DUMPSTERS AND STORAGE OR CONSTRUCTION TRAILERS ARE NOT PLACED IN THE STREET WITHOUT SPECIFIC APPROVAL OF THE DIRECTOR.
(6) DEPOSIT OF DIRT AND MATERIAL ON ROADWAYS. EACH PERMITTEE
SHALL UTILIZE THEIR BEST EFFORTS TO ELIMINATE THE TRACKING OF MUD OR DEBRIS UPON ANY STREET OR SIDEWALK. STREETS AND SIDEWALKS SHALL BE CLEANED OF MUD AND DEBRIS AT THE END OF EACH DAY. ALL EQUIPMENT AND TRUCKS TRACKING MUD AND DEBRIS
INTO THE RIGHT OF WAY SHALL BE CLEANED OF MUD AND DEBRIS AT
THE END OF EACH DAY OR AS DIRECTED BY THE DIRECTOR.
(7) PROTECTION OF TREES AND LANDSCAPING. EACH PERMITTEE SHALL PROTECT TREES, LANDSCAPE, AND LANDSCAPE FEATURES AS REQUIRED BY THE CITY. ALL PROTECTIVE MEASURES SHALL BE
PROVIDED AT THE EXPENSE OF THE PERMITTEE. IF THE PERMITTEE
CAUSES DAMAGES TO TREES OR LANDSCAPE, PERMITTEE SHALL REPAIR THE DAMAGE OR REPLACE THE DAMAGED ITEMS OR REIMBURSE THE OWNER OF SUCH ITEMS WHEN THE LOSS OR DAMAGE IS IRREPARABLE, WITHIN A REASONABLE PERIOD OF TIME.
(8) PROTECTION OF PAVED SURFACES FROM EQUIPMENT DAMAGE.
BACKHOE EQUIPMENT OUTRIGGERS SHALL BE FITTED WITH RUBBER PADS WHENEVER OUTRIGGERS ARE PLACED ON ANY PAVED SURFACE. TRACKED VEHICLES THAT WILL DAMAGE PAVEMENT SURFACES ARE NOT PERMITTED ON PAVED SURFACE UNLESS
SPECIFIC PRECAUTIONS ARE TAKEN TO PROTECT THE SURFACE. THE
PERMITTEE WILL BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO THE PAVEMENT BY THE OPERATION OF SUCH EQUIPMENT AND, UPON ORDER OF THE DIRECTOR, SHALL REPAIR SUCH SURFACES. FAILURE TO DO SO WILL RESULT IN THE USE OF THE PERMITTEE
PERFORMANCE/WARRANTY GUARANTEE BY THE CITY TO REPAIR ANY
DAMAGE
(9) PROTECTION OF PROPERTY. EACH PERMITTEE SHALL PROTECT FROM INJURY ANY ADJOINING PROPERTY BY PROVIDING ADEQUATE SUPPORT AND TAKING OTHER NECESSARY MEASURES. THE
PERMITTEE SHALL, AT ITS OWN EXPENSE, SHORE UP AND PROTECT
ALL BUILDINGS, WALLS, FENCES OR OTHER PROPERTY LIKELY TO BE DAMAGED DURING THE WORK, AND SHALL BE RESPONSIBLE FOR ALL DAMAGE TO PUBLIC OR PRIVATE PROPERTY RESULTING FROM FAILURE TO PROPERLY PROTECT AND CARRY OUT WORK IN THE
PUBLIC WAY.
(10) CLEAN-UP. AS THE WORK PROGRESSES, ALL PUBLIC RIGHTS OF WAY AND PRIVATE PROPERTY SHALL BE THOROUGHLY CLEANED OF ALL
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RUBBISH, EXCESS DIRT, ROCK, AND OTHER DEBRIS. ALL CLEAN-UP OPERATIONS SHALL BE DONE AT THE EXPENSE OF THE PERMITTEE.
(11) PRESERVATION OF MONUMENTS. A PERMITTEE SHALL NOT DISTURB
ANY SURFACE MONUMENTS OR SURVEY HUBS AND POINTS FOUND ON THE LINE OF WORK UNLESS APPROVAL IS OBTAINED FROM THE DIRECTOR. ANY MONUMENTS, HUBS, AND POINTS DISTURBED WILL BE REPLACED BY A COLORADO REGISTERED LAND SURVEYOR AT THE
PERMITTEE'S EXPENSE.
(12) EACH PERMITTEE SHALL MAKE PROVISIONS FOR EMPLOYEE AND CONSTRUCTION VEHICLE PARKING SO THAT NEIGHBORHOOD PARKING ADJACENT TO A WORK SITE IS NOT IMPACTED.
(13) EACH PERMITTEE SHALL MAINTAIN AN ADEQUATE AND SAFE
UNOBSTRUCTED WALKWAY AROUND A CONSTRUCTION SITE OR
BLOCKED SIDEWALK IN CONFORMANCE WITH THE CODE OF LAWS.
(14) EACH PERMITTEE SHALL CLEAR ALL SNOW AND ICE HAZARDS FROM PUBLIC SIDEWALKS AT THE WORK SITE BY NOON FOLLOWING A SNOWFALL IN CONFORMANCE WITH CODE OF LAWS.
(15) EACH PERMITTEE SHALL PROVIDE NECESSARY SANITARY FACILITIES
FOR WORKERS. THE LOCATION OF SUCH FACILITIES SHALL BE APPROVED BY THE CITY IN THE PERMIT.
SEC. 21-53. - INSPECTION REQUESTS.
(a) REQUESTS FOR INSPECTIONS BY THE DEPARTMENT OF PUBLIC WORKS
SHALL BE MADE AT LEAST TWENTY-FOUR (24) HOURS IN ADVANCE. FOR
SATURDAYS, SUNDAYS, CITY-OBSERVED HOLIDAYS OR AT NIGHT REQUESTS SHALL BE MADE AT LEAST FORTY-EIGHT (48) HOURS IN ADVANCE. IN THE EVENT THAT WORK IS PERMITTED ON SATURDAY, SUNDAY, AT NIGHT OR CITY HOLIDAYS, THE PERMITTEE WILL BE
REQUIRED TO PAY TO THE CITY ANY OVERTIME COSTS INCURRED BY CITY
PERSONNEL ASSIGNED TO OBSERVE AND TEST THE WORK BEING PERFORMED DURING SUCH TIME.
(b) IT IS THE PERMITTEE'S RESPONSIBILITY TO CONTACT THE DIRECTOR TO REQUEST INSPECTIONS OF THE WORK CONTAINED UNDER THE PERMIT.
THE PERMITTEE WILL BE RESPONSIBLE FOR ANY ADDITIONAL COSTS
INCURRED BY THE CITY FOR SPECIAL TESTING OF WORK PERFORMED WITHOUT SUCH NOTICE AND OPPORTUNITY FOR INSPECTION. IF, IN THE OPINION OF THE DIRECTOR, THE COMPLETED WORK CANNOT BE ADEQUATELY TESTED OR WAS PLACED NOT IN ACCORDANCE WITH THE
APPROVED PLANS AND SPECIFICATIONS, IT SHALL BE REMOVED AND
REPLACED AT THE PERMITTEE'S SOLE COST.
(c) THE INSPECTION AND/OR TESTING OF PORTIONS OF THE WORK AND MATERIALS SHALL NOT RELIEVE THE PERMITTEE OF ANY OF HIS OBLIGATIONS TO CONSTRUCT THE WORK IN ACCORDANCE WITH THE
APPROVED PLANS AND SPECIFICATIONS. WORK AND MATERIALS NOT
MEETING SUCH REQUIREMENTS SHALL BE MADE GOOD AND UNSUITABLE
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WORK OR MATERIALS MAY BE REJECTED, NOTWITHSTANDING THAT SUCH WORK AND/OR MATERIALS MAY HAVE BEEN PREVIOUSLY INSPECTED
AND/OR TESTED BY THE INSPECTOR.
SEC. 21-54. - SUBCONTRACTS.
WHEN WORK IS PERFORMED BY AN INDEPENDENT CONTRACTOR FOR ANY WATER AND/OR SANITATION DISTRICT AND/OR UTILITY COMPANY, THE DISTRICT/COMPANY SHALL PROVIDE THE PERMIT(S) FOR ALL WORK DONE IN
THE PUBLIC WAY IN THE CITY AND SHALL BE RESPONSIBLE TO THE CITY IN
ALL MANNERS AS PRESCRIBED HEREIN AS THE PERMITTEE. THE SUBCONTRACTOR SHALL BE IDENTIFIED ON THE REQUEST FOR THE PERMIT AND SHALL BE CURRENTLY LICENSED WITH THE CITY FOR THE TYPE OF WORK TO BE DONE.
SEC. 21-55. – REVOCATION; STOP WORK ORDERS; SUSPENSION; APPEALS.
(a) ANY PERMIT MAY BE REVOKED OR SUSPENDED BY THE DIRECTOR, AFTER WRITTEN NOTICE TO THE PERMITTEE AND AN OPPORTUNITY TO CURE, FOR:
(1) VIOLATION OF ANY CONDITION OF THE PERMIT OR OF ANY PROVISION
OF THIS CHAPTER.
(2) VIOLATION OF ANY PROVISION OF ANY OTHER ORDINANCE OF THE CITY OR STATE LAW RELATING TO THE WORK.
(3) EXISTENCE OF ANY CONDITION OR PERFORMANCE OF ANY ACT WHICH THE CITY DETERMINES CONSTITUTES OR CAUSES A CONDITION
ENDANGERING LIFE OR DAMAGE TO PROPERTY.
(b) STOP WORK ORDERS. A STOP WORK ORDER MAY BE ISSUED BY THE DIRECTOR TO ANY PERSON OR PERSONS DOING OR CAUSING ANY WORK TO BE DONE IN THE PUBLIC WAY FOR:
(1) WORKING WITHOUT A PERMIT
(2) DOING WORK IN VIOLATION OF ANY PROVISIONS OF THIS CHAPTER OR
ANY OTHER ORDINANCE OF THE CITY, OR STATE LAW RELATING TO THE WORK.
(3) PERFORMING ANY ACT, WHICH THE CITY DETERMINES CONSTITUTES OR CAUSES A CONDITION THAT ENDANGERS LIFE OR PROPERTY.
(c) A SUSPENSION OR REVOCATION BY THE DIRECTOR AND STOP WORK
ORDER SHALL TAKE EFFECT IMMEDIATELY UPON NOTICE TO THE PERSON PERFORMING THE WORK IN THE PUBLIC WAY OR TO THE PERMITTEE'S LAST KNOWN ADDRESS.
(d) ANY SUSPENSION OR REVOCATION OR STOP WORK ORDER MAY BE
APPEALED BY THE PERMITTEE TO THE DIRECTOR, WITHIN SEVEN (7) DAYS
OF THE EFFECTIVE DATE
SECS. 21-56-21-59. - RESERVED.
SEC. 21-60. - TRAFFIC CONTROL AND ACCESS.
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TO AVOID INTERFERENCE WITH TRAFFIC, THE FOLLOWING CONDITIONS MUST BE OBSERVED IN WORKING IN THE PUBLIC WAY:
(1) ALL WORK IN THE PUBLIC WAYS MUST HAVE A TRAFFIC CONTROL
PLAN SHALL BE SUBMITTED TO THE CITY PRIOR TO STARTING CONSTRUCTION. NO PERMIT WILL BE ISSUED UNTIL THE PLAN IS APPROVED BY THE DIRECTOR. THE TRAFFIC CONTROL PLAN MUST PROVIDE SAFE METHODS FOR MOVEMENT OF PEDESTRIANS AND
MOTORISTS THROUGH THE WORK ZONE AND A SAFE AREA FOR
WORKERS ENGAGED IN THE CONSTRUCTION ACTIVITY. THE TRAFFIC CONTROL PLAN SHALL BE SITE SPECIFIC UNLESS OTHERWISE ALLOWED BY THE DIRECTOR. THE TRAFFIC CONTROL PLAN SHALL INCLUDE THE NAME AND EMERGENCY PHONE NUMBERS OF THE
PERMITTEE AND THE PERMITTEE'S DESIGNATED TRAFFIC CONTROL
SUPERVISOR.
(2) WORK SHALL BE CONDUCTED IN A MANNER AS TO NOT IMPEDE TRAFFIC. SHOULD IT BE NECESSARY TO RESTRICT TRAFFIC IN ANY MANNER, THE APPLICANT SHALL SUBMIT THE TRAFFIC CONTROL PLAN
TO THE DIRECTOR FOR APPROVAL AT THE TIME OF FILING THE PERMIT
APPLICATION REQUIRED BY SECTION 21-13. THE PERMITTEE SHALL NOT BEGIN ANY WORK UNTIL HE RECEIVES APPROVAL FROM THE DIRECTOR.
(3) WHEN NECESSARY FOR PUBLIC SAFETY, IT SHALL BE THE
RESPONSIBILITY OF THE PERMITTEE PERFORMING THE WORK TO
COORDINATE ALL WORK IN THE PUBLIC WAY WITH APPROPRIATE FIRE, AMBULANCE, POLICE AND TRANSIT AUTHORITIES AND INFORM THEM OF THE TIMES AND LOCATIONS OF ANY IMPEDIMENT OF TRAFFIC. UPON REQUEST OF THE PERMITTEE, THE CITY SHALL PROVIDE A LIST
OF CONTACT NAMES AND TELEPHONE NUMBERS OF EACH
EMERGENCY PERSONNEL THAT IS REQUIRED TO BE NOTIFIED.
(4) WHEN NECESSARY FOR PUBLIC SAFETY, THE PERMITTEE SHALL EMPLOY FLAG PERSONS WHOSE DUTIES SHALL BE TO CONTROL TRAFFIC AROUND OR THROUGH THE CONSTRUCTION SITE. FLAG
PERSONS SHALL BE TRAINED IN FLAGGING OPERATIONS AND SHALL
BE CERTIFIED. THE USE OF FLAG PERSONS MAY BE REQUIRED BY THE DIRECTOR AS PART OF THE TRAFFIC CONTROL PLAN.
(5) UNLESS APPROVED BY THE DIRECTOR, THE PERMITTEE SHALL NOT IMPEDE RUSH HOUR TRAFFIC ON COLLECTOR/ARTERIAL STREETS
DURING RUSH HOURS. NO CONSTRUCTION SHALL BE PERFORMED
NOR SHALL ANY TRAVEL LANE ON THESE STREET CLASSIFICATIONS SHALL BE CLOSED BETWEEN THE HOURS OF 6:30 A.M. TO 8:30 A.M. OR 3:30 P.M. TO 6 P.M. WITHOUT THE APPROVAL OF THE DIRECTOR.
(6) AS A GUIDE FOR ALL MAINTENANCE AND TRAFFIC SIGNING, PART VI OF
THE "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" AND THE
CDOT STANDARDS SHALL BE USED. THE PERMITTEE SHALL ILLUSTRATE ON THE PERMIT THE WARNING AND TRAFFIC CONTROL
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DEVICES PROPOSED FOR USE DURING CONSTRUCTION. AT THE DISCRETION OF THE DIRECTOR, SUCH WARNING AND CONTROL
DEVICES MAY BE INCREASED, DECREASED OR MODIFIED BEFORE AND
AFTER ISSUANCE OF THE PERMIT.
(7) TYPE I, II AND III BARRICADES MUST BE USED WHENEVER IT IS NECESSARY TO CLOSE A TRAVEL LANE OR SIDEWALK. BARRICADES ARE TO BE SUPPLIED BY THE PERMITTEE. ALL WORK SHALL BE
BARRICADED AT ALL TIMES AND BETWEEN THE HOURS OF SUNSET
AND SUNRISE AND SHALL BE PROPERLY LIGHTED AND DELINEATED SO AS TO WARN ALL PERSONS.
(8) THE PERMITTEE SHALL BE RESPONSIBLE FOR FURNISHING, ERECTING AND MAINTAINING TRAFFIC CONTROL DEVICES AND FACILITIES
REQUIRED BY THE TRAFFIC CONTROL PLAN THROUGHOUT THE LIFE
OF THE PERMIT, INCLUDING ANY PERIODS OF SUSPENSION.
(9) TRAFFIC CONTROL DEVICES OTHER THAN THOSE WHICH GENERALLY INFORM THE PUBLIC OF WORK ZONES AHEAD WHICH FACE ONCOMING TRAFFIC SHALL BE TURNED AWAY FROM ONCOMING TRAFFIC OR
OTHERWISE MASKED FROM VIEW DURING NONWORKING HOURS.
SIGNS WHICH ARE SPECIFIC IN NATURE, SUCH AS LANE DROP SIGNS, FLAGMAN AHEAD SIGNS, ROAD CLOSED SIGNS AND OTHER SIGNS, WHICH IN THE OPINION OF THE DIRECTOR ARE INAPPROPRIATE FOR DISPLAY DURING NONWORKING HOURS ARE SUBJECT TO
CONFISCATION BY THE CITY. TRAFFIC CONTROL DEVICES SHALL NOT
BE PLACED ON SIDEWALKS OR OTHER AREAS WHERE THEY WOULD BLOCK PEDESTRIAN ACCESS, NOR AT INTERSECTION CORNERS WHERE THEY BLOCK SIGHT LINES.
(10) NO PERMITTEE SHALL INTERRUPT ACCESS TO AND FROM PRIVATE
PROPERTY, BLOCK EMERGENCY VEHICLES, BLOCK ACCESS TO FIRE
HYDRANTS, FIRE STATIONS, FIRE ESCAPES, WATER VALVES, UNDERGROUND VAULTS, VALVE HOUSING STRUCTURES, OR ANY OTHER VITAL EQUIPMENT UNLESS THE PERMITTEE PROVIDES THE CITY WITH WRITTEN VERIFICATION OF WRITTEN NOTICE DELIVERED TO
THE OWNER OR OCCUPANT OF THE FACILITY, EQUIPMENT OR
PROPERTY AT LEAST 48 HOURS IN ADVANCE. IF A STREET CLOSING IS DESIRED, THE APPLICANT WILL REQUEST THE ASSISTANCE AND OBTAIN THE APPROVAL OF THE DIRECTOR. IT SHALL BE THE RESPONSIBILITY OF THE PERMITTEE TO NOTIFY AND COORDINATE ALL
WORK IN THE PUBLIC WAY WITH POLICE, FIRE, AMBULANCE, OTHER
GOVERNMENT ENTITIES, AND TRANSIT ORGANIZATIONS.
(11) WHEN NECESSARY FOR PUBLIC SAFETY, THE PERMITTEE SHALL EMPLOY FLAG PERSONS WHOSE DUTIES SHALL BE TO CONTROL TRAFFIC AROUND OR THROUGH THE CONSTRUCTION SITE. THE USE
OF FLAG PERSONS MAY BE REQUIRED BY THE DIRECTOR.
(12) TRAFFIC CONTROL DEVICES, AS DEFINED IN PART VI OF THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, MUST BE USED WHENEVER
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IT IS NECESSARY TO CLOSE A TRAFFIC LANE OR SIDEWALK. TRAFFIC CONTROL DEVICES ARE TO BE SUPPLIED BY THE PERMITTEE. IF USED
AT NIGHT, THEY MUST BE REFLECTORIZED AND MUST BE ILLUMINATED
OR HAVE BARRICADE WARNING LIGHTS.
(13) NIGHTTIME WORK AREA FLOOD LIGHTING SHALL NOT BE ALLOWED TO SPILL OUT OF THE CONSTRUCTION AREA IN SUCH A WAY AS TO DISTURB, ANNOY, OR ENDANGER THE COMFORT, HEALTH OR PEACE
OF OTHERS.
SEC. 21-60.1. - EXCAVATIONS, BACKFILLING AND COMPACTING.
THE DIRECTOR HAS THE AUTHORITY TO PROMULGATE ALL NECESSARY RULES AND REGULATIONS GOVERNING OR OTHERWISE RELATED TO THE MATERIALS TO BE USED IN EXCAVATION, BACKFILLING, COMPACTING AND
ANY OTHER RECLAMATION PROJECTS IN THE PUBLIC RIGHTS OF WAY, TO
PROTECT THE HEALTH, SAFETY AND WELFARE OF THE CITY INHABITANTS. ALL WORK PERFORMED UNDER THIS CHAPTER SHALL CONFORM WITH ANY SUCH RULES AND REGULATIONS.
SEC. 21-61. - CONSTRUCTION REQUIREMENTS IN UNIMPROVED STREETS.
ALL EXCAVATIONS MADE IN UNIMPROVED CITY STREETS, ALLEYS OR
RIGHTS-OF-WAY SHALL BE CAREFULLY BACKFILLED AND COMPACTED BY THE METHOD PRESCRIBED IN THE RULES AND REGULATIONS PROMULGATED PURSUANT TO SECTION 21-60.1 ABOVE. MINIMUM SURFACING OF SIX (6) INCHES OF CLASS 6 AGGREGATE BASE COURSE SHALL BE PLACED AND
COMPACTED TO ONE HUNDRED (100) PERCENT OF AASHTO T99.
SEC. 21-62. - RELOCATION OF FACILITIES.
IF AT ANY TIME THE CITY REQUESTS THE PERMITTEE TO RELOCATE ITS FACILITIES IN ORDER TO ALLOW THE CITY TO MAKE ANY PUBLIC USE OF RIGHTS OF WAY, OR IF AT ANY TIME IT SHALL BECOME NECESSARY BECAUSE
OF A CHANGE IN THE GRADE OR FOR ANY OTHER PURPOSE BY REASON OF
THE IMPROVING, REPAIRING, CONSTRUCTING, OR MAINTAINING OF ANY RIGHTS OF WAY, OR REASON OF TRAFFIC CONDITIONS, PUBLIC SAFETY OR BY REASON OF INSTALLATION OF ANY TYPE OF STRUCTURE OF PUBLIC IMPROVEMENT THE CITY OR OTHER PUBLIC AGENCY OR SPECIAL DISTRICT,
AND ANY GENERAL PROGRAM FOR THE UNDERGROUNDING OF SUCH
FACILITIES, TO MOVE OR CHANGE THE PERMITTEE'S FACILITIES WITHIN OR ADJACENT TO RIGHTS OF WAY IN ANY MANNER, EITHER TEMPORARILY OR PERMANENTLY, THE CITY SHALL NOTIFY THE PERMITTEE AT LEAST NINETY (90) DAYS IN ADVANCE, EXCEPT IN THE CASE OF EMERGENCIES, OF THE
CITY'S INTENTION TO PERFORM OR HAVE SUCH WORK PERFORMED. THE
PERMITTEE SHALL THEREUPON, AT ITS SOLE COST AND AT NO COST TO THE CITY, AND IRRESPECTIVE OF ANY FUNDS AVAILABLE TO THE CITY UNDER THE PROVISIONS OF ANY FRANCHISE, ACCOMPLISH THE NECESSARY RELOCATION, REMOVAL OR CHANGE WITHIN A REASONABLE TIME FROM THE
DATE OF THE NOTIFICATION, BUT IN NO EVENT LATER THAN THREE (3)
WORKING DAYS PRIOR TO THE DATE THE CITY HAS NOTIFIED THE PERMITTEE
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THAT IT INTENDS TO COMMENCE ITS WORK OR IMMEDIATELY IN THE CASE OF EMERGENCIES. UPON THE PERMITTEE'S FAILURE TO ACCOMPLISH SUCH
WORK, THE CITY OR OTHER PUBLIC AGENCIES OR SPECIAL DISTRICT MAY
PERFORM SUCH WORK AT THE PERMITTEE'S EXPENSE AND THE PERMITTEE SHALL REIMBURSE THE CITY OR OTHER AGENCY WITHIN THIRTY (30) DAYS AFTER RECEIPT OF A WRITTEN INVOICE FOR SUCH EXPENSE. THE PERMITTEE'S OBLIGATION TO BEAR THE EXPENSE OF RELOCATION SHALL
ALSO INCLUDE COSTS INCURRED BY THE CITY AS A CONSEQUENCE OF DELAY
BY PERMITTEE IN RELOCATING ITS FACILITIES. UNPAID EXPENSE INVOICES MAY BE COLLECTED BY THE CITY IN THE SAME MANNER ALLOWED FOR COLLECTION OF DELINQUENT CHARGES, ASSESSMENTS OR TAXES. FOLLOWING RELOCATION, ALL AFFECTED PROPERTY SHALL BE RESTORED
TO, AT A MINIMUM, THE CONDITION WHICH EXISTED PRIOR TO
CONSTRUCTION BY THE PERMITTEE AT THE PERMITTEE'S EXPENSE. A PERMITTEE MAY REQUEST ADDITIONAL TIME TO COMPLETE A RELOCATION PROJECT, WHICH MAY BE GRANTED OR DENIED IN WHOLE OR IN PART AT THE DIRECTOR’S SOLE DISCRETION.
SEC. 21-63. - MAINTENANCE OF RECORDS.
ALL PERMITTEES UNDER THIS CHAPTER SHALL COMPILE AND PROVIDE TO THE CITY RECORDS OF THE LOCATION AND EXTENT OF THEIR FACILITIES LOCATED IN THE PUBLIC RIGHTS OF WAY, SUCH RECORDS TO INCLUDE AS-BUILT DRAWINGS IF REQUESTED BY THE DIRECTOR. WITH RESPECT TO
PRIVATE UTILITY, SANITATION, AND WATER COMPANIES WHOSE PRIMARY
FUNCTION IS TO PROVIDE WATER FOR CONSUMPTION, AND WATER AND SANITATION DISTRICTS AND PUBLIC UTILITIES, SUCH PERMITTEES SHALL COMPILE AND MAINTAIN ACCURATE RECORDS OF THE EXTENT OF THEIR FACILITIES LOCATED IN THE PUBLIC RIGHTS OF WAY AND PROVIDE THEM TO
THE CITY UPON REQUEST. STATE AGENCIES CONSTRUCTING FACILITIES IN
PUBLIC RIGHTS-OF-WAY SHALL MAINTAIN RECORDS OF THE EXTENT OF SUCH FACILITIES AND SHALL PROVIDE COPIES OF SUCH RECORDS TO THE CITY UPON REQUEST.
SECS. 21-64—21-100. - RESERVED.
ARTICLE III. - PERMITS FOR USE OF RIGHT-OF-WAY
SEC. 21-101. - GENERALLY.
PERMITS FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BY ABUTTING PROPERTY OWNERS MAY BE ISSUED WHEN SUCH USE IS BENEFICIAL TO BOTH THE APPLICANT AND THE CITY. SUCH PERMITS SHALL BE ISSUED ONLY
UPON A FINDING BY THE DIRECTOR OF PUBLIC WORKS THAT:
(1) THE DESIRED RESULTS CANNOT BE ACHIEVED WITHOUT THE USE OF THE RIGHT-OF-WAY;
(2) WHEN THE DESIRED RESULTS CAN BE ACHIEVED WITH NO IMPEDIMENT OR IMPAIRMENT TO PUBLIC USE OF THE RIGHT-OF-WAY;
AND
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(3) WHEN THE DESIRED RESULTS CAN BE ACHIEVED WITH NO DANGER TO THE PUBLIC BEING CREATED THEREBY.
THE DIRECTOR OF PUBLIC WORKS SHALL HAVE SOLE AUTHORITY IN
DETERMINING WHETHER THE CONDITIONS PREVIOUSLY STATED IN THIS PARAGRAPH HAVE BEEN MET.
SEC. 21-102. - TERM OF RIGHT-OF-WAY USE PERMITS.
THE TERM OF THE PERMIT PROVIDED FOR BY THIS ARTICLE SHALL BE NO
LONGER THAN FIVE (5) YEARS FROM THE DATE OF ISSUANCE, UNLESS THE
PERMIT IS TO BE RECORDED AS PROVIDED BY SECTION 21-107(D), IN WHICH CASE THE TERM MAY BE OF ANY LENGTH OR INDEFINITE. THE DIRECTOR OF PUBLIC WORKS SHALL DETERMINE THE APPROPRIATE TERM AND ISSUE THE PERMIT ACCORDINGLY. ISSUANCE OF ANY PERMIT SHALL NOT PRECLUDE THE
CITY FROM TERMINATING SAID PERMIT AT ANY TIME, WITHOUT LIABILITY TO
THE CITY, PURSUANT TO THE PROVISIONS OF SECTION 21-104 OF THIS CODE AND CHARTER SECTION 15.9.
SEC. 21-103. - RENEWAL.
PERMITS ISSUED UNDER THE PROVISIONS OF THIS ARTICLE MAY BE
RENEWED IF THE ORIGINAL CONDITIONS TO THE ISSUANCE ARE STILL IN
EXISTENCE AND THE CITY'S INTEREST CONTINUES TO BE SERVED.
SEC. 21-104. - TERMINATION.
ANY PERMIT ISSUED UNDER THIS ARTICLE MAY BE TERMINATED UPON NINETY (90) DAYS' NOTICE FROM THE CITY. THE CITY SHALL NOT BE LIABLE
FOR ANY COSTS INCURRED BY THE PERMITTEE RESULTING FROM SUCH
TERMINATION.
SEC. 21-105. - UTILITIES.
NO PROVISION OF THIS ARTICLE SHALL BE CONSTRUED AS TO PERTAIN TO THE LEGITIMATE USE OF THE RIGHT-OF-WAY BY A UTILITY COMPANY OR
SPECIAL DISTRICT. SUCH LEGITIMATE USE SHALL BE CONSIDERED ONLY AS
THOSE USES WHICH DO NOT PREEMPT THE CITY'S ABILITY TO UTILIZE THE RIGHT-OF-WAY IN THE CITY'S INTEREST. SUCH USES INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING: WATER MAINS, LATERALS, AND SERVICES; SEWER MAINS, LATERALS AND SERVICES; ELECTRIC, GAS, COMMUNICATIONS
AND TELECOMMUNICATIONS DISTRIBUTION NETWORKS (BOTH AERIAL AND
UNDERGROUND); AND PUBLIC TRANSIT SHELTERS, BENCHES AND APPURTENANCES.
SEC. 21-106. - INDEMNIFICATION.
THE HOLDER OF ANY PERMIT ISSUED PURSUANT TO SECTION 21-101
SHALL EXECUTE AN INDEMNIFICATION AGREEMENT, IN FORM APPROVED BY
THE CITY ATTORNEY, WHICH RELEASES AND DISCHARGES THE CITY, ITS EMPLOYEES, AGENTS AND ASSIGNS FROM ANY LIABILITY AND FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS, CAUSES OF ACTION, OR SUITS OF ANY KIND OR NATURE WHATSOEVER RELATED TO OR ARISING FROM
PERMITTEE'S OCCUPATION OF THE PUBLIC RIGHT-OF-WAY. UNDER SUCH
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AGREEMENT, THE CITY MAY ELECT TO PROVIDE ITS OWN DEFENSE OR TO REQUIRE PERMITTEE TO PROVIDE SUCH SERVICES. THE PERMITTEE SHALL
BE LIABLE FOR ALL COSTS AND FEES RELATED TO THE DEFENSE,
REGARDLESS OF WHICH PARTY PROVIDES THE SERVICES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, FAILURE TO EXECUTE AN INDEMNIFICATION AGREEMENT AS REQUIRED BY THIS SECTION SHALL CONSTITUTE GROUNDS FOR REFUSAL TO GRANT, OR, IN THE CASE OF
ISSUED PERMITS, IMMEDIATE TERMINATION OF A PERMIT.
SEC. 21-107. - INSURANCE REQUIREMENTS.
(a) NO PERMIT SHALL BE ISSUED OR REMAIN IN EFFECT UNLESS THE PERMITTEE OBTAINS AND MAINTAINS IN FORCE AND ON FILE WITH THE PUBLIC WORKS DEPARTMENT, SUFFICIENT EVIDENCE OF A GENERAL
LIABILITY POLICY COVERING INJURY TO OR DESTRUCTION OF PROPERTY
AND BODILY INJURY, INCLUDING DEATH, TO AT LEAST THE LIABILITY LIMITS ESTABLISHED BY C.R.S. § 24-10-114, AND AS HEREAFTER MAY BE AMENDED.
(b) REQUIRED COVERAGE MAY BE EVIDENCED BY ENDORSEMENT, WITH THE
CITY NAMED AS AN ADDITIONAL INSURED, AND PROVIDING FOR THIRTY
(30) DAYS' NOTICE TO THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE IN THE EVENT OF ANY MATERIAL CHANGE IN OR CANCELLATION OF THE COVERAGE.
(c) THE PERMITTEE MUST PROVIDE PROOF OF THE INSURANCE COVERAGES
REQUIRED BY THIS SECTION ON AN ANNUAL BASIS AND AT SUCH OTHER
TIMES AS REASONABLY REQUESTED BY THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE.
(d) THE REQUIREMENTS OF THIS SECTION MAY BE WAIVED BY THE DIRECTOR OF PUBLIC WORKS UPON THE CONDITION THAT THE PERMITTEE
ADEQUATELY INDEMNIFY THE CITY AND THAT THE PERMIT ITSELF BE
RECORDED IN THE REAL PROPERTY RECORDS OF THE JEFFERSON COUNTY CLERK & RECORDER.
SECS. 21-108—21-120. - RESERVED.
DIVISION 1. - GENERALLY
SEC. 21-121. - DEFINITION.
IN THIS ARTICLE "COURTESY BENCH" MEANS ANY BENCH OR SEAT THAT MAY OR MAY NOT CONTAIN ADVERTISING MATERIAL, WHICH IS LOCATED ON A PUBLIC RIGHT-OF-WAY OR PUBLIC OR PRIVATE PROPERTY WITHIN THE CITY AND IS ADJACENT TO AN RTD SIGN DESIGNATING A BUS STOP.
SEC. 21-122. - EXEMPTIONS.
THE CITY AND THE REGIONAL TRANSPORTATION DISTRICT ARE HEREBY EXEMPT FROM APPLICATION OF THE PROVISIONS OF THIS ARTICLE.
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SEC. 21-123. - CITY TO PERMIT LOCATION.
THE CITY MAY PERMIT ONE OR MORE PROVIDERS OF COURTESY
BENCHES IN THE CITY. THE CITY MAY PROVIDE FOR INSTALLATION OF
COURTESY BENCHES DIRECTLY BY THE CITY, BY CONTRACT, AGREEMENT OR OTHERWISE. ALL COURTESY BENCHES SHALL BE CONSTRUCTED AND INSTALLED IN COMPLIANCE WITH THE REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT AND AS OTHERWISE PROVIDED IN THIS ARTICLE IV. IF
INSTALLED BY CONTRACT OR AGREEMENT, THE TERMS OF SUCH CONTRACT
OR AGREEMENT SHALL GOVERN THE PLACEMENT OF SUCH BENCHES; PROVIDED, HOWEVER, THAT ALL SUCH BENCHES SHALL COMPLY WITH THE LOCATION REQUIREMENTS DESCRIBED IN THIS ARTICLE IV. ANY CONTRACT OR AGREEMENT TO INSTALL COURTESY BENCHES CONTAINING ADVERTISING
PURSUANT TO THIS SECTION MUST BE APPROVED BY AFFIRMATIVE VOTE OF
THE CITY COUNCIL.
SEC. 21-124. - COURTESY BENCH LOCATION.
(a) ZONES IN WHICH ADVERTISING MATTER ON BENCHES PERMITTED. BENCHES AT BUS STOPS WHICH DO NOT CONTAIN ANY ADVERTISING
MATTER SHALL BE ALLOWED IN ALL ZONE DISTRICTS. BENCHES WITHOUT
ADVERTISING SHALL NOT BE SUBJECT TO ASSESSMENT OF A PERMIT FEE, AND MAY HAVE A COURTESY PLAQUE, NO LARGER THAN FORTY-EIGHT (48) SQUARE INCHES, ANNOUNCING THE NAME OF THE PERSON, ORGANIZATION OR COMPANY RESPONSIBILITY FOR PLACEMENT OF THE
COURTESY BENCH. BENCHES WHICH CONTAIN ADVERTISING MATTER
SHALL BE PERMITTED, BY RIGHT ONLY IN THE FOLLOWING ZONE DISTRICTS:
(1) COMMERCIAL (RC-1, R-C, C-1, C-2, PCD)
(2) INDUSTRIAL (PID)
(3) MULTIFAMILY (R-3, R-3A, PRD)
(4) HOSPITAL (H-1, H-2)
(b) BENCHES WITHOUT ADVERTISING. THE CITY SPECIFICALLY FINDS THAT THE EXCLUSION OF BENCHES CONTAINING ADVERTISING FROM THE A-1, A-2, R-1, R-1A, R-1C, R-2 ZONE DISTRICTS WITHIN THE CITY IS NECESSARY
TO PRESERVE THE AESTHETIC CHARACTER AND INTEGRITY OF THE
PREDOMINATELY SINGLE FAMILY RESIDENTIAL HOMES AND NEIGHBORHOODS ESTABLISHED THEREIN.
SEC. 21-125. - RESERVED.
SEC. 21-126. - RESERVED.
SEC. 21-127. - RESERVED.
SEC. 21-128. - DIRECTOR OF PUBLIC WORKS AUTHORITY.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE DIRECTOR OF PUBLIC WORKS IS AUTHORIZED TO DECLARE ANY INDIVIDUAL
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BUS STOP, GROUP OF STOPS OR OTHER DEFINED AREA AS AN AREA IN WHICH COURTESY BENCHES MAY NOT BE LOCATED.
Secs. 21-129—21-140. - Reserved.
Section 12. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed. Section 2. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 27th day of April, 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 May 11, 2020 at 7:00 p.m., as a virtual meeting.
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:
Wheat Ridge Transcript
Effective Date:
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ATTACHMENT 2
ARTICLE I. – IN GENERAL
Sec. 21-1. – Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Abandoned Ducts or Conduits are Conduits or Ducts other than those occupied by Permittee or any prior Permittee, or unoccupied Ducts held by Permittee as emergency use spares, or other unoccupied Ducts that Permittee does not reasonably expect to use within three (3) years from the date of a request for use.
Applicant means any person required by this chapter to make application for a permit.
City means the City of Wheat Ridge.
Appurtenances means transformers, switching boxes, gas regulator stations, terminal boxes, meter cabinets, pedestals, junction boxes, handholes substations, system amplifiers, power supplies, pump stations, manholes, valves and valve housings and other devices that are necessary to the function of electric, communications, cable television, water, sewer, storm water, natural gas, broadband, and other utilities and services.
City means the City of Wheat Ridge.
Contractor means an individual, partnership or corporation as defined in Section 5-101 of the Wheat Ridge Code of Laws.
Department means the Department of Public Works.
Design engineer means a professional engineer registered in the state or an individual exempted from state registration requirements pursuant to C.R.S. § 12-25-103(1)(c), and who is employed by the applicant or under contract to the applicant.
DirectorDeveloper means the directorPerson, partnership, corporation, or other legal entity who is
improving a parcel of public worksland within the City/Town/County and who is legally responsible to the City/Town/County for the construction of improvements within the city or as a condition of a building permit or other land use or development authorization.
Director means the Director of Public Works or his/her authorized representative.
District means any metropolitan, water and/or sanitation district formed under Title 32, Article I, C.R.S., as amended.
Duct or Conduit means a single enclosed raceway for cables, fiber optics or other wires.
Emergency means any event which may threaten public health or safety, or that results in an interruption in the provision of services, including, but not limited to, damaged or leaking water or gas Conduit systems, damaged, plugged, or leaking sewer or storm drain Conduit systems, damaged electrical and communications Facilities, and advanced notice of needed repairs is impracticable under the circumstances.
Emergency work includes work required to restore broken or plugged water and sewer mains, water and sewer service lines, gas mains or services, cut or defective telephone, electric and cable facilities and traffic signal control lines or other situations as determined by the director.
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Excavate means any Work in the surface or subsurface of the Rights of Way, including, but not limited to opening the Rights of Way; installing, servicing, repairing or modifying any Facility(ies) in or under the surface or subsurface of the Rights of Way, and restoring the surface and subsurface of the Rights of Way.
Facilities means, including, without limitation, any pipes, Conduits, wires, cables, amplifiers, transformers, fiber optic lines, antennae, poles, street lights, Ducts, fixtures and Appurtenances and other like equipment used in connection with transmitting, receiving, distributing, offering, and providing broadband, utility and other services.
Fence means any artificially constructed barrier of wood, masonry, stone, wire, metal, or any other manufactured material or combination of materials erected to enclose partition, beautify, mark, or screen areas of land.
Flowable backfill material shall contain the following ingredients meeting ASTM properties and be mixed in the following proportions:
Mix Proportions LBS/CY of Concrete
Ingredients Test Method
Cement ASTM C-150 42 pounds
Sand ASTM C-33 1845 pounds
1″ aggregate ASTM C-33 1700 pounds
Air entrainment ASTM C-260 5 ounces
Water ASTM C-94 39 gallon
The maximum desirable twenty-eight-day compressive strength for the flowfill material is sixty (60) psi to allow for a workable subgrade for future work.
Permit means written authorization by the director allowing persons to enter city streets, roads or rights-of-way for the purpose of construction, installation and excavation. Such permits shall be issued only at such time as all requirements imposed by this chapter are satisfied and all applicable fees imposed in this chapter are paid.
Infrastructure means any public facility, system, or improvement including, without limitation, water and sewer mains and Appurtenances, storm drains and Structures, streets, alleys, traffic signal poles and Appurtenances, Conduits, signs, landscape improvements, sidewalks, and public safety equipment.
Landscaping means materials, including without limitation, grass, ground cover, shrubs, vines, hedges, or trees and non-living natural materials commonly used in landscape development, as well as attendant irrigation systems.
Owner means any Person, including the City, who owns any Facilities that are or are proposed to be installed or maintained in the Rights of Way.
Permit means any authorization for use of the Public Rights of Way granted in accordance with the terms of this Code, and the laws and policies of the City.
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Permittee means the holder of a valid permit.
Person(s) means any person, firm, partnership, special, metropolitan or general district association,
corporation, municipal departmentmunicipality, company, or organization of any kind.
Public wayRights of Way or public right-Rights of-way Way or right-of-wayPublic Way means any
public street, way, place, alley, sidewalk, easement, park, square, plaza and any cityCity-owned right -of-
way or any other public property owned or controlled by the City of Wheat Ridge and way dedicated to public use. Any easements dedicated solely for utility purposes shall not be governed by the provisions of this chapter.
Specifications means the current edition of the "Standard Specifications for Road and Bridge Construction" and the M and S Standards of the Colorado Department of Transportation, Division of Highways, as may be amended by the City of Wheat Ridge.
Street means a dedicated public right-of-way which serves, or is intended to serve, the needs of residential, industrial or commercial areas of the city.
Routine Maintenance means maintenance of Facilities or Landscaping in the Public Rights of Way which does not involve excavation, installation of new Facilities, lane closures, sidewalk closures or damage to any portion of the Public Rights of Way.
Stop Work Order means the order directing that work cease as described in Section 21-55 below.]
Structure means anything constructed or erected with a fixed location below, on, or above grade, including, without limitation, foundations, Fences, retaining walls, awnings, balconies, and canopies.
Unimproved street means a street which has not been surfaced with asphaltic or concrete pavement.
Work means any labor performed on, or any use or storage equipment or materials, including but not limited to, excavation in or construction of streets and all related Appurtenances, fixtures, improvements, sidewalks, driveway openings, bus shelters, bus loading pads, street lights, landscaping and traffic signal devices. It shall also mean construction, maintenance and repair of all underground structures such as pipes, conduits, ducts, tunnels, manholes, vaults, buried cable, wire, or any other similar structure located below surface, and installation of overhead poles used for any purpose.
Work in the public way shall include, but not be limited to, excavation in or construction of streets and all related appurtenances, curbs and gutters, sidewalks, driveway openings, bus shelters, bus loading pads, street lights, landscaping and traffic signal devices. It shall also mean construction, maintenance and repair of all underground structures such as pipes, conduits, ducts, tunnels, manholes, vaults, buried cable, wire or any other similar structures located under the surface of any public way, and installation of overhead poles used for any purpose.
(Ord. No. 2001-1221, § 1, 6-11-01)
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ARTICLE II. - WORK IN PUBLIC WAYS
Sec. 21-11. - Permits; generally.– Permit required.
(a) Permit required, compliance with regulations and specifications; application to city personnel. ItNo Person except an employee or official of the City or a Person exempted by contract with the City shall undertake or permit to be unlawful forundertaken any person to perform work within the public way of the city for any purposeconstruction, excavation, or Work in the Public Rights of Way without first having obtained the permits and having paidobtaining a Permit from the fees that are herein established and without complying fully with the fees, regulations and specifications of City as set forth in this city which are hereby established by this article. No permit shall be issued to an applicant until said applicant has been licensed by the citychapter, except as provided in section 21-21 of the Wheat Ridge Code of Laws. This provision shall not apply to work performed by city personnel in pursuit of their regular or assigned duties or to work performed by a person or entity under a contract with the city.
(b) Limited application to state contractors. Contractors working for the Colorado Department of Transportation on state highway projects will also be required to obtain a permit for that portion of their work which lies outside the right-of-way of the state. Work performed in the public way shall be in accordance with the city's standards and specifications. The state contractor shall name the city as an additional insured on their insurance policies in force for the state contract.
(c) Permits and documents to be maintained on job site. An original or copy of each permitSection _______. Each Permit obtained, along with all required associated documents, shall be maintained on the job site and available for inspection andupon request by any officer or employee of the cityCity.
(d) b) Limitation of workWork area. No permitteePermittee shall perform construction, excavation, or workWork in an area larger or at a location different, or for a longer period of time than that specified in the permit.Permit or Permit application. If, however, work in the public wayafter construction, excavation, or Work is commenced under an approved permit andPermit, it becomes necessary to perform workconstruction, excavation, or Work in the public way in an areaa larger or different area than thatoriginally requested under the application or for a longer period of time, the permitteePermittee shall notify the directorDirector immediately and within twenty-four (24) hours shall file a supplementary application for the additional work in the public way. The director shall issue a supplementary permit within twenty-four (24) hours thereafter. construction, excavation, or Work.
(e) Permits non-transferable. Permits shall not be transferable or assignable and work shall not be performed in any place other than that specified in the permit. The applicant
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(c) Permit transferability or assignability. The Applicant may subcontract the work to be performed under a permitPermit provided that the permit applicant and holderPermittee shall be and remain responsible for the performance of the workWork under the permitPermit and all insurance and financial security as required. Permits are transferable and assignable if the transferee or assignee posts all required security pursuant to this Code and agrees to be bound by all requirements of the Permit and this Code.
(d) Subcontracting. The Applicant may subcontract the Work to be performed under a Permit provided that the Permittee shall be and remain responsible for the performance of the Work under the Permit and all insurance and financial security as required. Permits are transferable and assignable if the transferee or assignee posts all required security pursuant to this Code and agrees to be bound by all requirements of the Permit and this Code.
(Ord. No. 2001-1221, § 1, 6-11-01; Ord. No. 1361, § 4, 6-12-06)
Sec. 21-12. - Exceptions for private utility and water companies, water and sanitation districts and certain utility companies.
Private utility and water companies, including the Denver Water Board and Consolidated Mutual Water Company, whose primary function is to provide water for consumption, and water and sanitation districts and public utilities are authorized to enter upon the public way of the city to make (e) Except as provided in Section 21-12, any Person or utility found to be conducting any excavation activity within the Public Rights of Way without having first obtained the required Permit(s) shall immediately cease all activity (exclusive of actions required to stabilize the area) and be required to obtain a Permit before Work may be restarted. A surcharge to be set by Council/Board resolution shall be required in addition to all applicable Permit fees.
Sec. 21-12. – Emergency Procedures.
Any Person maintaining Facilities in the Public Way may proceed with repairs upon existing Facilities without a permitPermit when emergencyEmergency circumstances demand that the workWork be done immediately. The personPerson doing the workWork shall apply to the cityCity for a permitPermit on or before the first workingthird Working day after such workWork has commenced in which the city offices are open for business.. All emergency workEmergency Work will require prior telephone notification to the city police departmentCity and the appropriate fire protection agency. Except as provided in this section, the entities described herein are subject to all duties, fees and requirements of this article.
Sec. 21-13. (Ord. No. 2001-1221, § 1, 6-11-01)
Sec. 21-13. -– Permit application submittals.Application – Permit contents.
An applicantApplicant for a permitPermit to workallow construction, excavation, or Work in the public wayPublic Way under this section shall:
(1) File a written application on forms furnished by the city thatCity which include the following: the date of application; the name and address of the applicantApplicant; the name and address of the developer, contractorDeveloper, Contractor or subcontractor licensed to perform workWork in the public wayPublic Way; the exact location of the proposed construction, excavation, or workWork activity (the "subject property");, the type of existing public infrastructureInfrastructure (street pavement, curb and gutter, sidewalks or utilities) impacted by the construction, excavation, or workWork; the purpose of the proposed construction, excavation, or work; the dates for beginning and ending theWork; proposed construction, excavation, or work; the measurements, quantities, itemizations andhours of Work; itemization of the total cost, including labor and materials, of the construction improvements and excavations affecting the public way of restoration if required, or at the discretion of the Director, other published street repair cost estimating standards; and type of workWork proposed.
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(2) Include evidencean affirmative statement that the applicantApplicant or its contractorContractor is not delinquent in payments due the cityCity on prior workWork.
(3) Include evidence Attach copies of all permitsPermits or licenses (including required insurance, deposits, bonding, and warranties) required to do the proposed workWork and to Work in the Public Rights of Way, if licenses or permitsPermits are required under the laws of the United States, the State of Colorado, or the ordinances of the city, includingor regulations of the City. If relevant permits or licenses have been applied for but not limited to electrical yet received, provide a written statement so indicating. Copies of any such permits from the city, to the extent electrical work is to or licenses shall be performed, provided, however, that electricity providers operating under a franchise and their subcontractors shall not be required to obtain and include such evidence of city-issued electrical permits. to the City within forty-eight (48) hours after receipt.
(4) Unless otherwise provided in a franchise agreement with the city, provide Provide a satisfactory plan of workWork acceptable to the Director showing protection of the subject property and adjacent properties when the city determines such protection is necessary..
(5) Provide a satisfactory plan for the protection of shade and ornamental trees andexisting Landscaping acceptable to the restoration of turfDirector, when the cityCity determines that damage may occur to such trees or turf..
(6) Include a signed statement verifying that all orders issued by the cityCity to the applicantApplicant, requiring the applicantApplicant to correct deficiencies under previous permitsPermits issued under this chapterCode, have been satisfied. This verification shall not apply to outstanding claims which are honestly and reasonably disputed by the Applicant, if the Applicant and the City are negotiating in good faith to resolve the dispute.
(7) If the work involves construction or extension of water mains, sewer mains, storm sewers, curb and gutter, sidewalk, street construction or other aboveground or underground facilities, engineering plans and specifications shall be presented to the director for review. These plans and specifications shall be approved by the director prior to issuance of a permit for the work included.
(7) Include with the application engineering construction drawings or site plans for the proposed construction, excavation, or Work.
(8) The director must approve all tunnel or bore construction prior to construction. Tunnel and/or bore construction may be required in lieu of open excavation if the director deems it to be in the best interest of the city.
(9) Include with the application a satisfactory traffic control and erosion protection plan for the proposed construction, excavation, or work, when requested by the city. Traffic control plans shall conform the applicable requirements of the "manual on uniform traffic control devices," as adopted by the city and State of Colorado. (see section 21-60)
(10) (9) Unless otherwise provided in a franchise agreement with the city, provide satisfactory security (letter of credit or performance bond) to secure the performance of the obligations contained herein.
(11) 10) Pay the fees prescribed by this chapterCode.
(Ord. No. 2001-1221, § 1, 6-11-01; Ord. No. , § 1, 7-13-15)
(11) Applicants shall update any new information on Permit applications within ten (10) days after any material change occurs.
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Sec. 21-14. - Permit to work in the public right-of-way contents.
(a) Each permit issued under this section shall state the permit number, the date of issue and expiration of the permit; the name and address of the permittee, the name and address of the developer, contractor or subcontractor licensed to perform work under the permit; the location, nature, and purpose of the proposed construction, excavation, or work permitted; any conditions of approval (including but not limited to inspection, testing, certification, and provision of as built drawings); the type of existing public infrastructure (street pavement, curb and gutter, sidewalks or utilities) impacted by the permit; incorporation of the engineering construction drawings or site plans and traffic control and erosion protection plans; incorporation of any supplemental permits (wetland, floodplain development, state highway access or utility, revocable right-of-way and water and sewer utility permits, etc.) required; the amount of fees and deposits paid, and the performance bonds, letter of credit, or other security filed by the permittee. The permits shall be issued within a reasonable time after submitting a complete application with all requirements attached. If the cityCity requires more information for processing an application, the cityCity shall request the specific information needed in writing within fifteen (15) days of submitting an application.
(Ord. No. 2001-1221, § 1, 6-11-01)
(b) Maintenance Permits. A Public Rights of Way Permit shall not be required for Routine Maintenance in the Public Rights of Way. However, other maintenance operations within the Public Rights of Way which involve traffic lane closures or sidewalk closures shall require a Public Rights of Way Permit. To expedite the process for ongoing maintenance operations, owners of Facilities within the Public Rights of Way may, at their sole option and in the alternative to obtaining individual public Rights of Way permits, obtain a maintenance Permit pursuant to this Section.
(c) A maintenance Permit shall be valid from the date of issuance of the Permit for up to twelve (12) consecutive months. Under no circumstances shall a maintenance Permit be valid for more than one (1) year.
(d) A maintenance Permit shall not, under any circumstances, authorize any pavement disturbance or installation of new Facilities. Notwithstanding the foregoing, existing Facilities may be removed and replaced with new Facilities, if no excavation or pavement disturbance is required.
(e) Any Person seeking a maintenance Permit shall file an application on a form provided by the City/Town/County which includes the following information:
1. The date of application. 2. The name, address and telephone number of the Applicant. 3. A general description of the maintenance operations. 4. Any location of maintenance operations known at the time of application. 5. Traffic control plans as required by this Section and Section 21-60, Traffic control and access. 6. If applicable, documentation of the approval for Work required in landscaped medians.
(f) The applicable Permit fee as set by Section ________, Permit Fee, shall accompany the application when submitted.
(g) Maintenance Permits shall be subject to all applicable provisions of this Code.
(h) A maintenance Permit shall not require a performance bond, letter of credit or warranty. Work performed pursuant to a maintenance Permit shall not be subject to the specific inspections set forth in Section 21-20, but may be subject to random inspection by the City to ensure compliance with the terms of the maintenance Permit and applicable provisions of this Code.
Secs. 21-15—21-19. - Reserved.
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Sec. 21-20. - Fees generally; bonds, etc.; other provisions relative to permits.
(a) Establishment by resolution; maintenance of fee schedule. The fees to be paid for permits required by this article and for inspections made or required by this article shall be established by resolution, taking into account the costs incurred by the city in providing services relating to the granting and administering of permits hereunder. The current fee schedule shall be maintained by the department of public works and may be examined during normal business hours.
(b) When bond, cashier's check, letter of credit required. When the cost of the work for which a permit or permits is required exceeds ten thousand dollars ($10,000.00), an irrevocable letter of credita bond in the amount of the estimated cost of such work shall be filed with the directorDirector prior to the issuance of such permitPermit, unless otherwise provided in a franchise agreement with the cityCity. The irrevocable letter of creditbond shall be in effect for two (2) years after acceptance of the workWork by the cityCity.
(c) Violation; penalty; replacement at permittee's cost. Unless otherwise provided for in this article, work in the public way without a valid permit when the applicant is operating without such permit is a violation of the Code of Laws. The violator shall be required to obtain the required permit for the work. Unless otherwise limited by law, the minimum administrative penalty assessed shall be either two hundred twenty-five dollars ($225.00) or triple the permit and inspection fees, whichever is greater, plus any additional costs incurred for special testing of the completed work. If, in the opinion of the director, the completed work cannot be adequately tested or was placed not in accordance with the approved plans and specifications, it shall be removed and replaced at the permittee's sole cost.
(d) Denial of permit; appeal. No permit shall be issued to any person who, in the reasonable opinion of the director, is not qualified to perform the work in accordance with the street excavation standards and specifications. The decision of the director upon appeal shall constitute the final decision of the city.
(e) Escrow account. In the sole discretion of the city, the permittee may set up an escrow account with the city to cover costs associated with the permits required under this chapter.
(Ord. No. 2001-1221, § 1, 6-11-01)
Sec. 21-21. - Licenses and fees.
(a) The department of public works shall determine license qualifications for class A through class C licenses.
(b) 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:
(1) Municipal contractor—Class A. A license to do work as a municipal contractor, class A, shall be required for the installation of the following in the public way:
a. Water mains.
b. Sewer mains.
c. Water and sewer service lines.
d. Storm drains.
e. Related structures.
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(2) Same—Class B. A license to do work as a municipal contractor, class B, shall be required for street, alley and other roadway-related construction in the public way, inclusive of:
a. Excavation, grading, leveling of sub-grade.
b. Compaction, rolling, graveling, asphalting, paving, curbing, draining, pot-holing and drilling.
c. Construction of curb, gutter, sidewalks, medians and other concrete structures or installations.
d. Construction of traffic signal installations.
(3) Same—Class C. A license to do work as a municipal contractor, class C, shall be issued for, and limited to, the installation of water and sewer service lines including excavation, pipe placement, backfilling and other operations as necessary in the public way.
(4) (4) Traffic Control and Street Lights Only—Class D. A license to do work as a municipal contractor, class D, shall be required for non-roadway-related construction in the public way, inclusive of:
a. Traffic Control.
b. Installation of street and/or pedestrian lights. A separate electrical permit shall be required
from the Building Division.
c. Tree trimming and/or cutting on private or public property.
d. Staging of materials and/or trash receptacles, except for private household use.
(5) Same—License limitations. The director of public works shall review applications for municipal contractors' licenses and shall indicate those contractors, which the applicant has shown he is qualified to perform. Upon completion of review, the director of public works shall then cause to be issued a license limited as indicated.
(c) Holders of certain of the licenses may perform as if licensed for certain of the other functions in accordance with the following schedule:
Class A Class C
(d) The annual license fees for contractors license under the provisions of this article shall be paid in accordance with the following table:
(1) Municipal contractor, Class A—$200.00.
(2) Municipal contractor, Class B—$150.00.
(3) Municipal contractor, Class C—$125.00.
(3) Municipal contractor, Class D—$50.00.
License fees are due with the license application and are nonrefundable. Nonissuance of licenses shall not entitle applicant to a refund of fees paid.
(e) Insurance. A certificate liability insurance from and indemnification. Unless otherwise specified in a franchise agreement between the Permittee and the City, prior to the granting of any Permit, the
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Permittee shall file with the City an insurance company licensed to do business in the state shall be filed with the city prior to issuance of any class A, B or C municipal contractor license. Said certificate shall name the city as policy holder or additional insured. The limits of such policy or certificate in a form satisfactory to the City/Town/County with coverage shall include workers compensation and employer'sas follows: 1. The Permittee shall carry and maintain in full effect at all times a commercial general liability policy, including broad form property damage, completed operations contractual liability in the amount of , explosion hazard, collapse hazard, underground property damage hazard, commonly known as XCU, for limits not less than two hundred fifty thousandmillion dollars ($2502,000,000.00) per personeach occurrence for damages of bodily injury or death to one or more Persons; and one million dollars ($1,000,000.00) per accident; and general liability each occurrence for damage to or destruction of property. 2. Workers compensation insurance as required by state law. 3. City departments shall be relieved of the obligation of submitting a certificate of insurance. 4. Notwithstanding the foregoing, the director may waive any insurance requirement or other requirements addressing financial security for (i) a governmental entity, or (ii) other entity if such other entity is deemed to provide sufficient coverage in the amount of two hundred fifty thousand dollars ($250,000.00) per occurrence and one million dollars ($1,000,000.00) general aggregate. through self-insurance, in his or her sole reasonable discretion.
(f) License and permit bond. A cash bond in the amount of ten thousand dollars ($10,000.00) shall be deposited with the city prior to issuance of any class A, B or C municipal contractor licenses. The bond shall be held by the city to insure completion of any work permitted to the municipal contractor and to warrant any work performed under a license for a period of two (2) years. An insurance company performance and warranty bond acceptable to the director of public works may be substituted for the required cash bond.
(Ord. No. 1361, § 5, 6-12-06; Ord. No. 1461, § 11, 5-10-10)
Sec. 21-22. - Authority; procedure; emergency suspension.
(a) Authority. The director of public works may suspend or revoke class A through C licenses. License suspension or revocation may occur when the licensee commits one (1) or more of the following acts or omissions:
(1) Failing to comply with any of the licensee responsibilities as outlined in this chapter.
(2) Knowingly combining or conspiring with a person by permitting one's license to be used by such person, firm or corporation.
(3) Acting as agent, partner, associate or in any other capacity with persons, firms or corporations to evade the provisions of this chapter.
(4) Committing any act of negligence, incompetence, or misconduct in the performance of the contractor's specific trade which results in a substantial threat to public health and safety.
(5) Performing under his/her license in an unworkmanlike, careless, or reckless manner.
(b) Procedure. When any of the acts or commissions as herein enumerated are committed by a license holder and the director of public works deems that such license shall be suspended or revoked, the procedure shall be as follows:
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(1) The licensee shall be notified, in writing, by or by personal service, at least seven (7) days prior to suspension or revocation.
(2) Appeals of a license suspension or termination shall be made to the director of public works. Appeals must be made in writing within seven (7) working days of receipt of notice.
(3) The hearing date shall be set within fourteen (14) days of receipt of the protest and the licensee shall be notified of the same.
(4) When a hearing is conducted, the licensee and other interested parties may be in attendance. Upon completion of the hearing, the director of public works shall take all evidence admitted under advisement and shall notify the licensee of their findings and rulings either during the meeting or in writing by certified mail.
(5) Hearings shall be administrative and informal. Although an interested party may be represented by an attorney, no formal rules of evidence shall be observed. No cross-examination of witnesses will be permitted. Evidence and witnesses will be received, however the hearing officer has the right to exclude evidence which is repetitive and/or irrelevant. The hearing officer may permit concluding and/or rebuttal statements. The decision of the hearing officer shall be the final action of the City for purposes of any appeal.
(c) Emergency suspension. If the director of public works finds that cause does exist for suspension or revocation of a license, he may enter an order for immediate suspension of such license, pending further investigation. The licensee may, upon notice of such suspension, request an immediate hearing before the director of public works and the hearing shall be conducted in the manner prescribed by under subsection (b) above.
(Ord. No. 1389, § 3, 6-11-07)
Secs. 21-23—21-29. - Reserved.
Sec. 21-30. - – Performance Warranty/Guarantee
(a) Any warranty made hereunder shall serve as security for the performance of Work necessary to repair the Public Rights of Way if the Permittee guarantee prerequisite to issuance of permit; determination of necessity for fails to make the necessary repairs; appeal process. or to complete the Work under the Permit.
(a) b) The permitteePermittee, by acceptance of the permitPermit, expressly warrants and guarantees complete performance of the Work in a manner acceptable to the City and guarantees all workWork done by him for a period of two (2three (3) years from and after the date of final completionprobationary acceptance and agrees upon demand to maintain upon demand and to make all necessary repairs to the same during the above three (3) year period without additional charge or cost to the adjacent property owners or the city.. This guaranteewarranty shall include all repairs growing out of:
(1) Imperfection or unsuitabilityand actions needed as a result of material or composition; :
(2) 1) Defects in workmanship;
(3) 2) Settling of fills or excavationexcavations;
(4) The effects of freezing, thawing and water infiltration;
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(5) (3) Any unauthorized deviation in the workdeviations from that shown on the approved plans and specificationsSpecifications;
(6) Work not performed in accordance with the city's standards and specifications;
(7) Damage(4) Failure to the work priorbarricade;
(5) Failure to completionclean up during and after performance of construction; the Work;
(8) 6) Any other violation of this chapter or the ordinances of the cityCity.
(c) The guaranteethree (3) year warranty period shall extend torun from the whole bodydate of the work, and the repairs under it may extend to a total reconstruction of the entire project if, in the judgmentCity's probationary acceptance of the director based uponWork. If repairs are required during the plans, specifications and good engineering practices, such total reconstruction is necessary to repair defects.three (3) year warranty period, those repairs need only be warranted until the end of the initial three (3) year period starting with the date of probationary acceptance. It is not necessary that an additional a new two (2three (3) year guaranteewarranty be provided for subsequent repairs after initialprobationary acceptance.
(b) Thirty (30) days prior to the expiration of the two-year warranty period, the director shall perform a final inspection of the completed project. The director shall inform the permittee of any necessary repairs and, after completion of repairs by the permittee, shall issue a written notice to the permittee that the completed project is acceptable to the city for maintenance. No work shall be considered accepted by the city until all necessary repairs are complete and the director has issued a final acceptance. If the city does not give permittee written notice of repairs within the two year period, acceptance is deemed.
(c) (d) At any time prior to completion of the two-yearthree (3) warranty period, the directorCity may notify the permittee, as set forthPermittee, in subsection (d) belowwriting, of any needed repairs. EmergencySuch repairs shall be completed by the permittee within twenty-four (24) hours if the defects are determined by the cityCity to be an imminent danger to the public health, safety and welfare. NonemergencyNon-Emergency repairs shall be completed within thirty (30) calendar days after such notice.
(d) The determination of the necessity and responsibility for repairs rests with the director. When the director has determined that repair or reconstruction of any project or part thereof is necessary, based upon any of the acts or omissions enumerated hereinabove within the guarantee period, the action shall be as follows:
(1) The director shall, by certified mail, return receipt requested, give notice to the permittee of the necessary requirements to bring such construction into conformance with the approved plans and specifications.
(2) Should the permittee dispute the necessity of repairs, he may request a hearing. This request shall be in writing to the director within seven (7) days of the date on the notice for repairs.
(3) Should the permittee fail to object in writing within seven (7) days from the date of the notice, or should the permittee fail to begin the necessary repairs or reconstruction within such time, the city may make such repairs or contract for such repairs to be done and charge the cost of same to the permittee, together with a five hundred dollar ($500.00) mobilization charge. The time to make the necessary repairs may be reduced by the director when found to be in the best interest of the public safety. The time may also be extended due to the complexity of the project or weather considerations or in the discretion of the director. The permittee shall have thirty (30) days after formal notification of the cost of the repairs to make full payment to the city. If payment is not received within the thirty-day period, the city may institute an action upon the bond of the permittee or may cause to be instituted a proceeding for the imposition of a lien upon the property of the
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permittee, the abutting property owners or the utility company or district that owned the facility worked on, as appropriate.
(4) If a hearing is requested by the permittee, the director shall issue an order setting a time, place and date, and so notify the permittee. The hearing date shall not be more than forty-five (45) days from the date of receipt of the request for a hearing. The permittee shall be afforded a minimum of seven (7) days between service or mailing of the order and the hearing.
(5) A hearing requested pursuant to this section shall be an administrative proceeding, conducted in the manner described in section 21-56 of this chapter. Upon completion of the hearing, the director shall take all evidence under advisement and shall, within ten (10) days, transmit the findings and rulings to the permittee. The findings and rulings shall be rendered in writing by certified mail or personal service and, if appropriate, shall contain the date upon which the repair or reconstruction shall commence.
(6) All mailings shall be to the last known address of the permittee as shown on the permit. The permittee shall be considered notified if the mailing is returned by the United States Postal Service with the notation that such mailing is either unclaimed or undeliverable and the order was addressed to that address indicated on the permit.
(e) In the event of a hearing, the director may appoint a qualified member of the public works department to sit in his place as the hearing official.
(f) The warranty described in this section shall cover only those areas of workWork undertaken by a permitteePermittee and/or its contractors. not directly impacted by the Work of any other Permittee or the City. In the event that work of another permittee or the citya portion of Work warranted by Permittee is subsequently impacts a portionimpacted by Work of work under warranty by a permitteeanother Permittee or the City during the warranty period, then the subsequent permitteethat other Permittee or the cityCity shall assume responsibility for repair to the subsequently impacted section of rightRights of wayWay.
(g) The decision of the director shall be final.
(Ord. No. 2001-1221, § 1, 6-11-01)
Sec. 21-31. – Appeals procedure.
Any decision rendered by the Director pursuant to this Code may be appealed within thirty (30) days by the Permittee to the City Manager/Board of Adjustment/City Council in accordance with the rules and procedures established by that body.
Secs. 21-3231—21-50. - Reserved.
Sec. 21-51. - Liability for injuries, damage.
To the extent authorized and permitted by law, the utility district or company shall be responsible for liability for injury to persons or damage to property resulting from installation of its underground structures or from the repair or failure to repair street surfaces as herein provided. If the utility company or district is conducting the work with their own forces, they shall submit proof of insurance and bond as required in section 5-125 of the Wheat Ridge Code of Laws.
(Ord. No. 2001-1221, § 1, 6-11-01)
Sec. 21-52. - Responsibilities of persons working in the public way.
Responsibilities of persons performing work in the public ways of the city shall be as follows:
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(1) Except as specifically limited by section 21-51 of this chapter (as relates solely to utilities and quasi-municipal corporations, and including, for purposes of this chapter 21, the consolidated mutual water company) and unless otherwise specified in a franchise agreement with the city, persons making excavations in the public ways of the city shall indemnify and hold harmless the city, the city council members, the director and city employees individually from liability for injury to persons or damage to property resulting from any work performed under a permit including excavation or backfill of underground structures or failure to repair street surfaces as herein provided unless caused by the intentional acts of the city. They further shall hold harmless the city, the city council members, the director and city employees individually from liability for injury to persons or damage to property resulting from the inadequacy of barricades, lights or other proper warning devices, unless caused by the intentional acts of the city. In those instances where indemnification is precluded by law, the entity performing work provided hereunder shall be responsible for its own, or its contractor's or agent's acts or omissions.
(2) Good practices and standard safety precautions shall be observed at all times and the traffic control plan shall be followed.
(3) During the development phase in new subdivisions while streets are being laid out, constructed and/or surfaced, or while utility lines are being laid or installed, authorization may be granted to totally close these streets in the interest of public safety. This authorization will be in writing and approved by the director. The authorization shall state the time period when such total closure will be allowed and any special conditions required for closure of the roadways.
(4) When a street is overlaid or reconstructed by the city or work in the right-of-way is undertaken by another permittee, the responsibility of the original permittee is removed to the extent that such subsequent work affects the original permittee's work, in the sole determination of the director. The city shall cancel and automatically release any escrows that are on deposit with the city after any deductions are made from the escrow account or the permittee pays the city for costs related to stabilization of its street cuts.
(5) (a) Relocation and Protection of Utilities. Before beginning excavation in any Public Way, a Permittee shall contact the Utility Notification Center of Colorado (UNCC) and, to the extent required by C.R.S. §9-1.5-102 et seq., make inquiries of all ditch companies, utility companies, broadband providers, districts, local government departments, and all other agencies that might have Facilities in the area of Work to determine possible conflicts.
The Permittee shall contact the UNCC and request field locations of all Facilities in the area pursuant to UNCC requirements. Field locations shall be marked prior to commencing Work. The Permittee shall support and protect all pipes, Conduits, poles, wires, or other apparatus which may be affected by the Work from damage during construction or settlement of trenches subsequent to construction.
(b) Noise, Dust, Debris, Each permitteePermittee shall conduct Work in accordance to all applicable laws and in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. In the performance of the Work, the Permittee shall take appropriate measures to reduce noise, dust, and unsightly debris
(c) Trash and Construction Materials. Each Permittee shall maintain the workWork site so that trash and construction materials are contained so that they are not blown off of the construction site; trash is removed from a construction site often enough so that it does not become a health, fire, or safety hazard ; trash dumpsters and storage or construction trailers are not placed in the street without specific approval of the director. Director
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(6) Deposit of Dirt and Material on Roadways. Each permitteePermittee shall comply with the requirementsutilize their best efforts to eliminate the tracking of mud or debris upon any street or sidewalk as prescribed in the City Code. Equipment and trucks used during construction, excavation, or work activity. Streets and sidewalks shall be cleaned of mud and debris prior to leaving any work site. at the end of each day. All equipment and trucks tracking mud and debris into the Right of Way shall be cleaned of mud and debris at the end of each day or as directed by the Director.
(7) Protection of Trees and Landscaping. Each permitteePermittee shall protect trees, landscape, and landscape features as required by the cityCity. All protective measures shall be provided at the expense of the permitteePermittee. If the permittee causes damages to trees or landscape, permittee shall repair the damage or replace the damaged items or reimburse the owner of such items when the loss or damage is irreparable, within a reasonable period of time.
(8) 8) Protection of Paved Surfaces from Equipment Damage. Backhoe equipment outriggers shall be fitted with rubber pads whenever outriggers are placed on any paved surface. Tracked vehicles with grousersthat will damage pavement surfaces are not permitted on paved surface unless specific precautions are taken to protect the surface. The permitteePermittee will be responsible for any damage caused to the pavement by the operation of such equipment and, upon order of the director, shall repair such surfaces. Failure to do so will result in the use of the permittee performance/warranty guarantee by the cityCity to repair any damage.
(9) Protection of Property. Each permitteePermittee shall protect from injury any adjoining property by providing adequate support and taking other necessary measures. The permitteePermittee shall, at hisits own expense, shore up and protect all buildings, walls, fencesFences or other property likely to be damaged during the workWork, and shall be responsible for all damage to public or private property resulting from failure to properly protect and carry out workWork in the public wayPublic Way.
(10) Clean-up. As the workWork progresses, all public waysPublic Rights of Way and private property shall be thoroughly cleaned of all rubbish, excess dirt, rock, and other debris. All clean-up operations shall be done byat the permitteeexpense of the Permittee.
(11) Each permittee Preservation of Monuments. A Permittee shall not disturb any surface monuments or survey hubs and points found on the line of workWork unless approval is obtained from the directorDirector. Any monuments, hubs, and points disturbed will be replaced by a Colorado registered land surveyorRegistered Land Surveyor at the permittee'sPermittee's expense.
(12) Each permitteePermittee shall make provisions for employee and construction vehicle parking so that neighborhood parking adjacent to a workWork site is not impacted.
(13) Each permitteePermittee shall maintain an adequate and safe unobstructed walkway around a construction site or blocked sidewalk in conformance with the code of laws.
(14) Each permitteePermittee shall cleanclear all snow and ice hazards from public sidewalks at the workWork site by noon following a snowfall in conformance with code of laws.
(Ord. No. 2001-1221, § 1, 6-11-01)
(15) Each Permittee shall provide necessary sanitary facilities for workers. The location of such facilities shall be approved by the City in the Permit.
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Sec. 21-53. - Inspection requests.
(a) Requests for inspections by the department of public works shall be made at least twenty-four (24) hours in advance. For Saturdays, Sundays, city-observed holidays or at night requests shall be made at least forty-eight (48) hours in advance. In the event that work is permitted on Saturday, Sunday, at night or city holidays, the permittee will be required to pay to the city any overtime costs incurred by city personnel assigned to observe and test the work being performed during such time.
(b) It is the permittee's responsibility to contact the director to request inspections of the work contained under the permit. The permittee will be responsible for any additional costs incurred by the city for special testing of work performed without such notice and opportunity for inspection. If, in the opinion of the director, the completed work cannot be adequately tested or was placed not in accordance with the approved plans and specifications, it shall be removed and replaced at the permittee's sole cost.
(c) The inspection and/or testing of portions of the work and materials shall not relieve the permittee of any of his obligations to construct the work in accordance with the approved plans and specifications. Work and materials not meeting such requirements shall be made good and unsuitable work or materials may be rejected, notwithstanding that such work and/or materials may have been previously inspected and/or tested by the inspector.
(Ord. No. 2001-1221, § 1, 6-11-01)
Sec. 21-54. - Subcontracts.
When work is performed by an independent contractor for any water and/or sanitation district and/or utility company, the district/company shall provide the permit(s) for all work done in the public way in the city and shall be responsible to the city in all manners as prescribed herein as the permittee. The subcontractor shall be identified on the request for the permit and shall be currently licensed with the city for the type of work to be done.
(Ord. No. 2001-1221, § 1, 6-11-01)
Sec. 21-55. -– Revocation; stop work orders; suspension; appeals.
(a) A Any permit may be revoked or suspended by the directorDirector, after written notice to the permittee and an opportunity to cure, for:
(1) Violation of any condition of the permitPermit or of any provision of this chapter.
(2) Violation of any provision of any other ordinance of the cityCity or state law relating to the workWork.
(3) Existence of any condition or the doingperformance of any act which does constitutethe City determines constitutes or causecauses a condition endangering life or serious damage to property.
(b) A stop work order Stop Work Orders. A Stop Work Order may be issued by the directorDirector to any personPerson or personsPersons doing or causing workany Work to be done in the public wayPublic Way for:
(1) Working without a permit orPermit
(2) Doing Work in violation of any provisionprovisions of this chapter or any other ordinance of the city. City, or state law relating to the Work.
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(c) The suspension(3) Performing any act, which the City determines constitutes or revocation ofcauses a permitcondition that endangers life or property.
(c) A suspension or revocation by the Director and Stop Work Order shall take effect forty-eight (48) hours after notification is given to the permittee, unless the revocation or suspension is issued pursuant to subsection (1)(c) of this section, in which case it shall be effective immediately upon notification. Notification shall be deemed given the day notice is sent via certified mail, return receipt requested, to the Person performing the Work in the Public Way or to permittee'sthe Permittee's last known address.
The director(d) Any suspension or revocation or Stop Work Order may cancel suspension or revocation if the permittee offers satisfactory proof to the director within forty-eight (48) hours of notification that the violation causing such suspension or revocation has been completely abated or that the permittee has instituted a process to abatebe appealed by the violation in the quickest manner possible, given the nature of the violation.
(d) A permittee may appeal any suspension or revocation or stop work order by submittingPermittee to the director, within seven (7) days of the effective date, a written request for a hearing.
(e) If a hearing is requested, the director shall issue an order setting a time, place and date, and so notify the permittee. The hearing date shall not be more than thirty (30) days from the date of receipt of the request for a hearing. The permittee shall be afforded a minimum of seven (7) days between service or mailing of the order and the hearing.
(f) A hearing requested pursuant to this section shall be an administrative proceeding, conducted in the manner described in section 21-56 of this chapter. Upon completion of the hearing, the director shall take all evidence under advisement and shall, within seven (7) days, transmit the findings and rulings in writing to the permittee. The decision of the director shall be final.
(Ord. No. 2001-1221, § 1, 6-11-01)
Sec. 21-56. - Procedure for hearings.
Hearings before the director, or his or her designee, conducted pursuant to this chapter shall be administrative and informal. Although an interested party may be represented by an attorney, no formal rules of evidence shall be observed. No cross-examination of witnesses will be permitted. Evidence and witnesses will be received, however the hearing officer has the right to exclude evidence which is repetitive and/or irrelevant. The hearing officer may permit concluding and/or rebuttal statements.
(Ord. No. 2001-1221, § 1, 6-11-01)
Secs. 21-57—56-21-59. - Reserved.
Sec. 21-60. - Traffic control and access.
To avoid interference with traffic, the following conditions must be observed in working in the public way:
(1) All work in the public ways must have a traffic control plan shall be submitted to the City prior to starting construction. No Permit will be issued until the plan is approved by the director. The traffic control plan must provide safe methods for movement of pedestrians and motorists through the work zone and a safe area for workers engaged in the construction activity. The traffic control plan shall be site specific unless otherwise allowed by the director. The traffic control plan shall include the name and emergency phone numbers of the permittee and the permittee's designated traffic control supervisor.
(2) Work shall be conducted in a manner as to not impede traffic. Should it be necessary to restrict traffic in any manner, the applicant shall submit two (2) copies of athe traffic control plan to the
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director for approval at the time he filesof filing the permit application required by section 21-13. The permittee shall not begin any work until he receives approval from the director.
(3) When necessary for public safety, it shall be the responsibility of the permittee performing the work to coordinate all work in the public way with appropriate fire, ambulance, police and transit authorities and inform them of the times and locations of any impediment of traffic. Upon request of the permittee, the city shall provide a list of contact names and telephone numbers of each emergency personnel that is required to be notified.
(4) When necessary for public safety, the permittee shall employ flag persons whose duties shall be to control traffic around or through the construction site. Flag persons shall be trained in flagging operations and shall be certified. The use of flag persons may be required by the director as part of the traffic control plan.
(5) Unless approved by the director, the permittee shall not impede rush hour traffic on collector/arterial streets during rush hours. No construction shall be performed nor shall any travel lane on these street classifications shall be closed between the hours of 6:30 a.m. to 8:30 a.m. or 3:30 p.m. to 6 p.m. without the approval of the director.
(6) As a guide for all maintenance and traffic signing, Part VI of the "Manual on Uniform Traffic Control Devices" and the CDOT Standards shall be used. The permittee shall illustrate on the permit the warning and traffic control devices proposed for use during construction. At the discretion of the director, such warning and control devices may be increased, decreased or modified before and after issuance of the permit.
(7) Type I, II and III barricades must be used whenever it is necessary to close a travel lane or sidewalk. Barricades are to be supplied by the permittee. All work shall be barricaded at all times and between the hours of sunset and sunrise and shall be properly lighted and delineated so as to warn all persons.
(8) The permittee shall be responsible for furnishing, erecting and maintaining traffic control devices and facilities required by the traffic control plan throughout the life of the permit, including any periods of suspension.
(9) Traffic control devices other than those which generally inform the public of work zones ahead which face oncoming traffic shall be turned away from oncoming traffic or otherwise masked from view during nonworking hours. Signs which are specific in nature, such as lane drop signs, flagman ahead signs, road closed signs and other signs, which in the opinion of the director are inappropriate for display during nonworking hours are subject to confiscation by the city. Confiscated signs may be released by the city to the owner after payment of a fifteen dollars ($15.00) redemption fee for each confiscated sign. Traffic control devices shall not be placed on sidewalks or other areas where they would block pedestrian access, nor at intersection corners where they block sight lines.
(10) No permitteePermittee shall interrupt access to and from private property, block emergency vehicles, block access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures, or any other vital equipment unless permission is obtained from the owner of that facility. Structures, or any other vital equipment unless the Permittee provides the City with written verification of written notice delivered to the Owner or occupant of the Facility, equipment or property at least 48 hours in advance. If a street closing is desired, the Applicant will request the assistance and obtain the approval of the Director. It shall be the responsibility of the Permittee to notify and coordinate all Work in the Public Way with police, fire, ambulance, other government entities, and transit organizations.
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(11) Work shall be conducted in a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. In the performance of the work, the permittee shall take appropriate measures to reduce noise, dust and unsightly debris. No work shall be done between the hours of 7:00 p.m. and 7:00 a.m. nor at any time on Saturday, Sunday or holidays except with written permission of the director or in case of emergency.
(12) Any permittee may undertake routine maintenance on existing facilities without obtaining a traffic control plan approved by the city.
(Ord. No. 2001-1221, § 1, 6-11-01)
(b) When necessary for public safety, the Permittee shall employ flag persons whose duties shall be to control traffic around or through the construction site. The use of flag persons may be required by the Director.
(c) (d) Traffic control devices, as defined in Part VI of the Manual on Uniform Traffic Control Devices, must be used whenever it is necessary to close a traffic lane or sidewalk. Traffic control devices are to be supplied by the Permittee. If used at night, they must be reflectorized and must be illuminated or have barricade warning lights.
(e) Nighttime Work area flood lighting shall not be allowed to spill out of the construction area in such a way as to disturb, annoy, or endanger the comfort, health or peace of others.
Sec. 21-60.1. - Excavations, backfilling and compacting.
The director has the authority to promulgate all necessary rules and regulations governing or otherwise related to the materials to be used in excavation, backfilling, compacting and any other reclamation projects in the public rights of way, to protect the health, safety and welfare of the city inhabitants. All work performed under this chapter shall conform with any such rules and regulations.
(Ord. No. 2001-1221, § 1, 6-11-01)
Sec. 21-61. - Construction requirements in unimproved streets.
All excavations made in unimproved city streets, alleys or rights-of-way shall be carefully backfilled and compacted by the method prescribed in the rules and regulations promulgated pursuant to section 21-60.1 above. Minimum surfacing of six (6) inches of class 6 aggregate base course shall be placed and compacted to one hundred (100) percent of AASHTO T99.
(Ord. No. 2001-1221, § 1, 6-11-01)
Sec. 21-62. - Relocation of facilities.
The city may request relocation of facilities:
(1) In If at any time the City requests the Permittee to relocate its Facilities in order to allow the cityCity to make any public use of streetsRights of Way, or public ways, or
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(2) Ifif at any time it shall become necessary because of a change in the grade or for any other purpose by reason of the improving, repairing, constructing, or maintaining any street or public way or storm sewer located thereinof any Rights of Way, or reason of traffic conditions, public safety or by reason of installation of any type of structureStructure of public improvement by the cityCity or other public agency or special district, and any general program for the undergrounding of such facilitiesFacilities, to move or change the permittee's facilitiesPermittee's Facilities within or adjacent to streets or public wayRights of Way in any manner, either temporarily or permanently., the City shall notify the Permittee at least ninety (90) days in advance, except in the case of emergencies, of the City's intention to perform or have such Work performed. The permitteePermittee shall thereupon, at its sole cost and at no cost to the City, and irrespective of any funds available to the City under the provisions of any franchise, accomplish the necessary relocation, removal or change within a reasonable time from the date of the notification, but in no event later than three (3) working days prior to the date the cityCity has notified the permitteePermittee that it intends to commence its workWork or immediately in the case of emergencies. Upon the permittee'sPermittee's failure to accomplish such workWork, the cityCity or other public agencies or special district may perform such workWork at the permittee'sPermittee's expense and the permitteePermittee shall reimburse the cityCity or other agency within thirty (30) days after receipt of a written invoice for such expense. The permittee's obligation to bear the expense of relocation shall also include costs incurred by the city as a consequence of delay by permittee in relocating its facilities. Unpaid expense invoices may be collected by the cityCity in the same manner allowed for collection of delinquent charges, assessments or taxes. Following relocation, all affected property shall be restored to, at a minimum, the condition which existed prior to construction by the permittee at the permittee's expense. Except in the case of emergencies, the city shall provide a permittee with at least ninety (90) days advance notice of the city's need to relocate its facilities. Permittee at the Permittee's expense. A Permittee may request additional time to complete a relocation project, which may be granted or denied in whole or in part at the Director’s sole discretion.
(Ord. No. 2001-1221, § 1, 6-11-01)
Sec. 21-63. - Maintenance of records.
All permittees under this chapter shall compile and provide to the city records of the location and extent of their facilities located in the public rights of way, such records to include as-built drawings if requested by the director. With respect to private utility, sanitation, and water companies, including the Denver Water Board and Consolidated Mutual Water Company, whose primary function is to provide water for consumption, and water and sanitation districts and public utilities, such permittees shall compile and maintain accurate records of the extent of their facilities located in the public rights of way and provide them to the city upon request. State agencies constructing facilities in public rights-of-way shall maintain records of the extent of such facilities and shall provide copies of such records to the City upon request.
(Ord. No. 2001-1221, § 1, 6-11-01)
Secs. 21-64—21-100. - Reserved.
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ARTICLE III. - PERMITS FOR USE OF RIGHT-OF-WAY
Sec. 21-101. - Generally.
(a) Permits for temporary use of public right-of-way by abutting property owners may be issued when such use is beneficial to both the applicant and the city. Such permits shall be issued only upon a finding by the director of public works that:
(1) The desired results cannot be achieved without the use of the right-of-way;
(2) When the desired results can be achieved with no impediment or impairment to public use of the right-of-way; and
(3) When the desired results can be achieved with no danger to the public being created thereby.
The director of public works or his designee shall have sole authority in determining whether the conditions previously stated in this paragraph have been met.
(b) Any structures or other intrusions existing as of December 5, 1986 in public rights-of-way shall be removed within six (6) months of the effective date of Ord. No. 1986-689, unless a permit of the type described herein is issued or is being processed by such date. No structures, improvement or other intrusion shall hereafter be placed or constructed in the right-of-way without a permit as herein described having been issued.
(Code 1977, § 20-25)
Sec. 21-102. - Term of right-of-way use permits.
The term of the permit provided for by this article shall be no longer than five (5) years from the date of issuance, unless the permit is to be recorded as provided by section 21-107(d), in which case the term may be of any length or indefinite. The director of public works shall determine the appropriate term and issue the permit accordingly. Issuance of any permit shall not preclude the city from terminating said permit at any time, without liability to the city, pursuant to the provisions of section 21-104 of this Code and Charter Section 15.9.
(Code 1977, § 20-26; Ord. No. 1303, § 1, 7-28-03; Ord. No. 1525, § 1, 10-8-12)
Sec. 21-103. - Renewal.
Permits issued under the provisions of this article may be renewed if the original conditions to the issuance are still in existence and the city's interest continues to be served.
(Code 1977, § 20-27)
Sec. 21-104. - Termination.
Any permit issued under this article may be terminated upon ninety (90) days' notice from the city engineer. The city shall not be liable for any costs incurred by the permittee resulting from such termination.
(Code 1977, § 20-28)
Sec. 21-105. - Utilities.
No provision of this article shall be construed as to pertain to the legitimate use of the right-of-way by a utility company or special district. Such legitimate use shall be considered only as those uses which do not preempt the city's ability to utilize the right-of-way in the city's interest. Such uses include, but are not limited to, the following: Water mains, laterals, and services; sewer mains, laterals and services; electric, gas, communications and telecommunications distribution networks (both aerial and underground); and public transit shelters, benches and appurtenances.
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(Code 1977, § 20-29)
Sec. 21-106. - Indemnification.
The holder of any permit issued pursuant to section 21-101 shall execute an indemnification agreement, in form approved by the city attorney, which releases and discharges the city, its employees, agents and assigns from any liability and from any and all claims, demands, damages, actions, causes of action, or suits of any kind or nature whatsoever related to or arising from permittee's occupation of the public right-of-way. Under such agreement, the city may elect to provide its own defense or to require permittee to provide such services. The permittee shall be liable for all costs and fees related to the defense, regardless of which party provides the services. Notwithstanding any other provision of this article, failure to execute an indemnification agreement as required by this section shall constitute grounds for refusal to grant, or, in the case of issued permits, immediate termination of a permit.
(Ord. No. 1303, § 2, 7-28-03)
Sec. 21-107. - Insurance requirements.
(a) No permit shall be issued or remain in effect unless the permittee obtains and maintains in force and on file with the public works department, sufficient evidence of a general liability policy covering injury to or destruction of property and bodily injury, including death, to at least the liability limits established by C.R.S. § 24-10-114, and as hereafter may be amended.
(b) Required coverage may be evidenced by endorsement, with the city named as an additional insured, and providing for thirty (30) days' notice to the director of public works or his designee in the event of any material change in or cancellation of the coverage.
(c) The permittee must provide proof of the insurance coverages required by this section on an annual basis and at such other times as reasonably requested by the director of public works or his designee.
(d) The requirements of this section may be waived by the director of public works upon the condition that the permittee adequately indemnify the city and that the permit itself be recorded in the real property records of the Jefferson County Clerk & Recorder.
(Ord. No. 1303, § 3, 7-28-03; Ord. No. 1525, § 2, 10-8-12)
Secs. 21-108—21-120. - Reserved.
DIVISION 1. - GENERALLY
Sec. 21-121. - Definition.
In this article "courtesy bench" means any bench or seat that may or may not contain advertising material, which is located on a public right-of-way or public or private property within the city and is adjacent to an RTD sign designating a bus stop.
(Code 1977, § 4A-1; Ord. No. 1429, § 1, 2-12-09)
Cross reference— Definitions and rules of construction generally, § 1-2.
Sec. 21-122. - Exemptions.
The city and the regional transportation district are hereby exempt from application of the provisions of this article.
(Code 1977, § 4A-15)
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Sec. 21-123. - City to permit location.
The city may permit one or more providers of courtesy benches in the city. The city may provide for installation of courtesy benches directly by the city, by contract, agreement or otherwise. All courtesy benches shall be constructed and installed in compliance with the requirements of the Americans with Disabilities Act and as otherwise provided in this article IV. If installed by contract or agreement, the terms of such contract or agreement shall govern the placement of such benches; provided, however, that all such benches shall comply with the location requirements described in this article IV. Any contract or agreement to install courtesy benches containing advertising pursuant to this section must be approved by affirmative vote of the city council.
(Code 1977, § 4A-9; Ord. No. 1429, § 2, 2-12-09)
Sec. 21-124. - Courtesy bench location.
(a) Zones in which advertising matter on benches permitted. Benches at bus stops which do not contain any advertising matter shall be allowed in all zone districts. Benches without advertising shall not be subject to assessment of a permit fee, and may have a courtesy plaque, no larger than forty-eight (48) square inches, announcing the name of the person, organization or company responsibility for placement of the courtesy bench. Benches which contain advertising matter shall be permitted, by right only in the following zone districts:
(1) Commercial series (RC-1, R-C, C-1, C-2, PCD)
(2) Industrial (PID)
(3) Multifamily (R-3, R-3A, PRD)
(4) Hospital (H-1, H-2)
(b) Benches without advertising. The city specifically finds that the exclusion of benches containing advertising from the A-1, A-2, R-1, R-1A, R-1C, R-2 zone districts within the city is necessary to preserve the aesthetic character and integrity of the predominately single family residential homes and neighborhoods established therein.
(Code 1977, § 4A-10; Ord. No. 1996-1016, § 2, 2-12-96; Ord. No. 1429, § 3, 2-12-09)
Sec. 21-125. - Reserved.
Editor's note— Ord. No. 1429, § 7, adopted February 12, 2009, repealed section 21-125 in its entirety, which pertained to manner of advertising, and derived from the Code of 1977, § 4A-11.
Sec. 21-126. - Reserved.
Editor's note— Ord. No. 1429, § 7, adopted February 12, 2009, repealed section 21-126 in its entirety, which pertained to bus stop removal, and derived from the Code of 1977, § 4A-12.
Sec. 21-127. - Reserved.
Editor's note— Ord. No. 1429, § 7, adopted February 12, 2009, repealed section 21-127 in its entirety, which pertained to sign contractor's license required, and derived from the Code of 1977, § 4A-14.
Sec. 21-128. - Director of public works authority.
Notwithstanding any other provision of this article, the director of public works is authorized to declare any individual bus stop, group of stops or other defined area as an area in which courtesy benches may not be located.
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(Ord. No. 1270, § 3, 10-28-02; Ord. No. 1288, §§ 1, 2, 5-12-03; Ord. No. 1429, § 4, 2-12-09)
Secs. 21-129—21-140. - Reserved.
ITEM NO: DATE: April 27, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 23-2020 – A RESOLUTION APPROVING THE FIRST AMENDMENT TO A PUBLIC FINANCE
AGREEMENT BY AND BETWEEN THE CITY OF WHEAT
RIDGE, THE LONGS PEAK METROPOLITAN DISTRICT,
AND EVERGREEN-CLEAR CREEK CROSSING, L.L.C.
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ _____________________________________ City Attorney City Manager
ISSUE:
The City of Wheat Ridge entered into a Public Finance Agreement (PFA) with Evergreen Development Company on July 9, 2018 to assist in the construction of public improvements for the Clear Creek Crossing mixed-use project. The PFA contemplates the City imposing a series of tax credits on sales tax, lodging tax and admissions tax sales. As this project has progressed and in
light of the new economic challenges caused by the COVID-19 Pandemic, Evergreen is requesting
an amendment to the PFA to allow for a 3.0% tax credit on service sales to capture this additional revenue source to help pay for the public infrastructure required for this project.
PRIOR ACTION: City Council approved the original Public Finance Agreement on July 9, 2018.
FINANCIAL IMPACT:
•$20 million in financing is required to fund the public-related infrastructure improvements
•The Longs Peak Metropolitan District will issue a bond in the amount of $15 million to beserviced by the following public revenues sources totaling approximately $32 million:
5
CAF – Clear Creek Crossing PFA, First Amendment
April 27, 2020
Page 2 o 1.5% sales tax credit PIF (it is anticipated that after 2 years there will be sufficient
excess revenue above debt service to allow the majority of sales tax credit PIF to be
refunded to the City (City Surplus) and effectively decrease this credit PIF to around 0.4% for the remainder of the 30 year bond term) o 5.0% lodgers’ tax credit PIF o 2.5% admissions tax credit PIF
o 3.0% services tax credit PIF (New)
o 2% of the City’s 3.5% use tax on initial vertical building construction (not including medical campus) In addition, the following District revenue sources totaling approximately $30 million:
o 35 property tax mill
o 0.5% sales tax add-on PIF
o 0.5% lodgers’ tax add-on PIF o 0.5% admissions tax add-on PIF
• Renewal Wheat Ridge obtained a tax-exempt bank loan in the amount of $5 million to be serviced by the following revenues sources: o 100% of property tax increment (10 year term) – there is a potential risk that the County Assessor will not calculate property tax increment correctly from this
project; however, staff believes the risk of receiving less than 50% of the property
tax increment is low therefore an adequate revenue source will be available to service a $5 million bank loan
Renewal Wheat Ridge will retain the property tax increment for the remaining life of the TIF (approximately 10 years) once the bank loan is
paid off
BACKGROUND: The Clear Creek Crossing mixed use development will provide the City of Wheat Ridge with a destination development that provides a wide range of uses to help grow the city’s commercial,
residential and employment bases. Through the use of unifying design elements, including
architectural style, landscape design and public spaces, this project is envisioned to be a unique and authentic asset to the community. Clear Creek Crossing will focus on creating a strong sense of place that protects and projects the
cultural heritage of Wheat Ridge using a modern agrarian design aesthetic that blends traditional
agrarian forms and materials with modern archetypes and uses. This development will focus on creating physical and emotional connections to the surrounding neighborhoods through intentional branding, curating a dynamic tenant mix and providing integrated automotive, pedestrian and bicycle connectivity that allows neighbors numerous opportunities to shop, live, work and play.
The proposed project is anticipated to include approximately 300 apartment units, 200 hotel rooms and roughly 192,400 square feet of commercial space, which is currently anticipated to include a number of large format entertainment users. In addition, the project is proposed to include a 26.6-
CAF – Clear Creek Crossing PFA, First Amendment
April 27, 2020
Page 3 acre SLC-Lutheran medical campus. The complete build-out of the project is estimated to include
over $490 million in private investment in the Wheat Ridge community.
A review and analysis of the developer’s pro forma by staff and the City’s consultant, Economic & Planning Systems, Inc., indicated the need for a $20 million subsidy in order for the project to be financially feasible. The City is also providing $10 million from 2E Bond funds to contribute
towards the construction of the Interstate 70 on and off hook ramps.
Securing a public-private-partnership (“PPP”) with the City of Wheat Ridge and the City’s Urban Renewal Authority, Renewal Wheat Ridge, for the financing of Clear Creek Crossing’s necessary infrastructure is critical because the property lacks basic access and utility service and is
challenged topographically. Without a PPP the project cannot move forward financially, despite
strong tenant interest, because of these extraordinary costs. With a PPP commitment from City Council and Renewal Wheat Ridge, Evergreen can move forward and finalize deals with tenants, commence construction on the necessary infrastructure and deliver pad sites and buildings to end users.
RECOMMENDED MOTION: “I move to approve Resolution No. 23-2020, a resolution approving the first amendment to a public finance agreement by and between the City of Wheat Ridge, the Longs Peak Metropolitan District, and Evergreen-Clear Creek Crossing, L.L.C.”
Or, “I move to postpone indefinitely Resolution No. 23-2020, a resolution approving the first amendment to a public finance agreement by and between the City of Wheat Ridge, the Longs Peak Metropolitan District, and Evergreen-Clear Creek Crossing, L.L.C, for the
following reasons______________________.”
REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney
Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 23-2020 2. First Amendment to PAF
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 23
Series of 2020 TITLE: A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE PUBLIC FINANCE AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE, THE LONGS PEAK METROPOLITAN
DISTRICT AND EVERGREEN-CLEAR CREEK CROSSING, L.L.C. WHEREAS, pursuant to Charter Section 14.2 and C.R.S. § 29-1-203, the City of Wheat Ridge is authorized to enter into cooperative agreements with other governmental
entities; and
WHEREAS, pursuant to C.R.S. § 31-15-101(1)(c), the City may enter into contracts with any person; and
WHEREAS, the City, the Longs Peak Metropolitan District (“District”), and
Evergreen-Clear Creek Crossing, L.L.C. (“Evergreen”) have entered into a Public Finance Agreement (the “Agreement”), to finance the construction of public improvements to serve a mixed-use development known as Clear Creek Crossing (the “Project”);
WHEREAS, the Public Finance Agreement was approved by Resolution of the City
Council of the City dated July 9, 2018; and WHEREAS, the City, District, and Evergreen have negotiated an agreement to the Agreement to add certain definitions and adjust certain general provisions; and
WHEREAS, the City, the District and Evergreen desire to amend the Agreement on the terms and conditions set forth on the attached Exhibit A; and WHEREAS, the City Council wishes to approve the Amendment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado: Section 1: Amendment Approved
The First Amendment to the Public Finance Agreement by and among the City, the Longs Peak Metropolitan District and Evergreen-Clear Creek Crossing, L.L.C., as set forth on the attached Exhibit A, is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same.
Section 2: Effective Date This Resolution shall be effective upon adoption.
ATTACHMENT 1
DONE AND RESOLVED this 27th day of April 2020, at Wheat Ridge, Colorado.
_______________________ Bud Starker, Mayor ATTEST:
_____________________________ Steve Kirkpatrick, City Clerk
Exhibit A Amendment to Public Finance Agreement
[attached]
{00455911} 20314974
FIRST AMENDMENT TO PUBLIC FINANCE AGREEMENT
THIS FIRST AMENDMENT TO PUBLIC FINANCE AGREEMENT (this “Amendment”) dated as of the ___ of _________, 2020 (“Amendment Date”), is made by and among the CITY OF WHEAT RIDGE, a home rule city of the State of Colorado (“City”), LONGS PEAK METROPOLITAN DISTRICT, a quasi-municipal corporation and political
subdivision of the State of Colorado (“District”), and EVERGREEN-CLEAR CREEK
CROSSING, L.L.C., an Arizona limited liability company (“Developer”). The City, the District, and the Developer are collectively referred to as the “Parties” and individually as a “Party.”
RECITALS
WHEREAS, the City, the District, and Developer entered into that certain Public Finance
Agreement, as approved by Resolution of the City Council of the City dated July 9, 2018 (the “Agreement”), with respect to the Property and the Project more specifically described in the Agreement; and
WHEREAS, the Parties desire to amend the Agreement on the terms and conditions set
forth below. Initially capitalized terms not otherwise defined herein shall have the meanings set forth in the Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises of the
Parties contained in this Agreement, and other valuable consideration, the receipt and adequacy
of which are acknowledged, the Parties agree to the terms and conditions of this Amendment.
AGREEMENT 1. Commencement of Public Improvements. The Parties acknowledge the commencement
of the construction of the Public Improvements.
2. Definition of PIFs. The definition for “PIFs” in Section 2 of the Agreement is hereby deleted in its entirety and replaced with the following:
“PIFs” means the Admissions Add-On PIF, Admissions Credit PIF, Lodging Add-On
PIF, Lodging Credit PIF, Retail Add-On PIF, Retail Credit PIF, and Services PIF. 3. Definition of PIF Covenants.
“PIF Covenants” means the Admissions Add-On PIF Covenant, Admissions Credit PIF
Covenant, Lodging Add-On PIF Covenant, Lodging Credit PIF Covenant, Retail Add-On PIF Covenant, Retail Credit PIF Covenant, and Services PIF Covenant 4. Definition of Credit PIF Bond Cap. The definition for “Credit PIF Bond Cap” in
Section 2 of the Agreement is hereby deleted in its entirety and replaced with the following:
ATTACHMENT 2
{00455911}
20314974 2
“Credit PIF Bond Cap” means $20,000,000 plus any additional amount necessary to pay
the Hook Ramp Reimbursement and complete work pursuant to the Hook Ramp IGA.
5. Additional Definitions. The following definitions are hereby added to Section 2 of the Agreement:
“Financial Services” means professional services provided by banks, thrifts, credit
unions, savings institutions, and lending institutions. “Medical Services” means medical and health care services provided to a Person by a licensed medical provider for a valid and proper medical or health purpose.
“Occupancy Agreement” means any deed, lease, sublease, license, concession or other occupancy agreement between an Owner or an Occupant and a Service Provider under which the Service Provider is given the right to possess or occupy any portion of the Owned/Leased Property owned or occupied by the Owner or the Occupant.
“Occupant” means any Owner or other Person who has the legal right, pursuant to any agreement of any type or nature, to possess or occupy any portion of the Property, including, without limitation, any space within or without any building constructed on any Property; provided, however, that a mortgagee, a trustee or a beneficiary of a deed of
trust, or any other Person who has such a right of possession primarily for the purpose of
securing a debt or other obligation owed to such Person will not constitute an “Occupant,” unless and until such Person becomes a mortgagee in possession or otherwise possesses or occupies a portion of the Property pursuant to such right by an intentional or voluntary act of its own, whereupon the subject mortgagee, trustee,
beneficiary, or other Person will be an “Occupant” hereunder.
“Owned/Leased Property” means with respect to any Owner, the portion of the Property to which such Owner owns fee title and with respect to any Occupant, the portion of the Property which such Occupant has the right to possess or occupy pursuant to an
Occupancy Agreement.
“Owner(s)” means an individual or entity that owns a fee interest in any portion of the Property, during the period of such ownership.
“PIF Service Sales” means any exchange of labor or services by a Service Provider for
money or other media of exchange initiated, consummated, conducted, transacted or otherwise occurring from or within the Property, which is not otherwise subject to Sales Tax pursuant to Chapter 22, Article 1 of the Wheat Ridge Code of Laws or any amendment thereto or replacement thereof, but in no event to include Medical Services or
Financial Services. PIF Service Sales explicitly include any transaction resulting in
payment of dues or fees for membership in or the privilege of having access to or the use of fitness facilities whether on a regular basis or for individual classes. The sale by a Service Provider of labor or services initiated, consummated, conducted, transacted or otherwise occurring from or within the Property will constitute a PIF Service Sale
{00455911}
20314974 3
notwithstanding the fact that the subject labor or services may be delivered to the
Purchaser outside the Property.
“Purchaser” or “Purchasers” means the purchaser or recipient of membership in or the privilege of having access to or the use of Service Providers in a PIF Services Sale.
“Services PIF” means the public improvement fee imposed on the Property in the amount
of 3.0% on PIF Service Sales within the Property (including without limitation all PIF Service Sales made online, by email, or by phone, or otherwise initiated, consummated, conducted, or transacted outside of the Property), which will be collected in accordance with the terms of the Services PIF Covenant and the PIF Collection Agreement, and will
be accounted for and spent in accordance with the terms of this Agreement and the
District Bond Documents. “Services PIF Covenant” means a declaration of covenants by Developer imposing and implementing the Services PIF within the Property.
“Services PIF Revenue” means all revenue collected by the PIF Collection Agent pursuant to the Services PIF Covenant. “Service Provider” means any Person who:
(i) has the legal right, pursuant to a deed, lease, sublease, license, concession, easement or other Occupancy Agreement of any type or nature, to possess or occupy all or any portion of the Property, including, without limitation, any space within any building constructed on all or any portion of the Property; provided that a mortgagee, a
trustee under or beneficiary of a deed of trust, or any other Person who has such right of
possession primarily for the purpose of securing a debt or other obligation owed to such Person, will not constitute a “Service Provider” unless and until such Person becomes an Owner or a mortgagee in possession or otherwise possesses or occupies all or any portion of the Property pursuant to such right by an intentional or voluntary act of its own,
whereupon the subject mortgagee, trustee, beneficiary or other Person will be a “Service
Provider” hereunder; and (ii) engages in any PIF Service Sales initiated, consummated, conducted, transacted or otherwise occurring from or within the Property.
6. Definition of Approval Delays. The definition for “Approval Delays” in Section 2 of the Agreement is hereby deleted in its entirety. 7. Subsection 5.6. Subsection 5.6 of the Agreement is hereby deleted in its entirety and
replaced with the following:
5.6 Developer shall have the right, in its sole discretion, to increase the Admissions Add-On PIF, Lodging Add-On PIF, Retail Add-On PIF, Services PIF or a combination of the foregoing, after written notice to the City. After the Bonds have been paid in full or
{00455911}
20314974 4
defeased, the Developer shall have the additional right, in its sole discretion, to continue,
discontinue, increase, decrease, or otherwise modify the Admissions Add-On PIF,
Lodging Add-On PIF, Retail Add-On PIF, and Services PIF. 8. General Provisions. The following provisions shall apply with respect to this Amendment:
(a) Agreement in Full Force and Effect. Except as modified herein, the Agreement is in full force and effect and is hereby ratified by the Parties. In the event of any conflict between the Agreement and this Amendment, the terms and conditions of this Amendment shall control.
(b) Counterparts. This Amendment may be executed in multiple counterparts, each
of which shall constitute an original, but all of which taken together shall constitute one and the
same agreement. This Amendment may be executed by .pdf signatures which shall be binding on the Parties, with original signatures to be delivered as soon as reasonably practical thereafter.
(c) Successors and Assigns. This Amendment will inure to the benefit of and be binding upon the Parties and their respective legal representatives, successors, heirs, and assigns,
provided that nothing in this subparagraph permits the assignment of this Amendment except as
set forth in Section 23 of the Agreement.
(d) Applicable Law and Venue. Exclusive venue for the trial of any action arising out of any dispute arising out of or related to this Agreement shall be in the district court in the State of Colorado serving Jefferson County. The laws of the State of Colorado govern this
Amendment and the relationship of the Parties hereunder without regard to principles of conflicts
of laws.
[SIGNATURE PAGES FOLLOW]
{00455911}
20314974 Signature Page
IN WITNESS WHEREOF, this Amendment is executed by the Parties as of the
Amendment Date. CITY OF WHEAT RIDGE
By:
Bud Starker, Mayor
ATTEST:
_______________________________ Office of City Clerk
APPROVED AS TO FORM:
_______________________________
Gerald E. Dahl, City Attorney
{00455911}
20314974 Signature Page
LONGS PEAK METROPOLITAN
DISTRICT By: ______________________________
Name: ______________________________
Title: ______________________________ ATTEST: By: ______________________________
Name: ______________________________
Title: ______________________________
{00455911}
20314974 Signature Page
EVERGREEN-CLEAR CREEK CROSSING, L.L.C., an Arizona limited liability company
By: Evergreen Development Company-2016, L.L.C., an Arizona limited liability company,
Its Manager
By: Evergreen Devco, Inc., a California corporation, Its Manager
By: _______________________________ Name: ______________________________ Title: ______________________________
ITEM NO: DATE: April 27, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 24-2020 – A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE PIF COLLECTING AGENT AGREEMENT AMONG THE CITY OF WHEAT
RIDGE, THE LONGS PEAK METROPOLITAN DISTRICT
AND EVERGREEN-CLEAR CREEK CROSSING, L.L.C.
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
______________________________ City Manager
ISSUE: The Longs Peak Metropolitan District, Evergreen-Clear Creek Crossing, L.L.C. and the City of Wheat Ridge entered into a Public Finance Agreement (PFA) for the Clear Creek Crossing multi-use development project on July 9, 2018. The PFA provides for the use of Public
Improvement Fees (PIFs) to support bonds for the construction of public improvements associated with the project. The PIF Collecting Agent Agreement appoints the City as Collecting Agent for purposes of receiving, collecting, administering, remitting and disbursing all PIF revenue pursuant to the terms of the PFA. As this project has progressed and in light of the new economic challenges caused by the COVID-19 Pandemic, Evergreen is requesting an
amendment to the PIF Collecting Agent Agreement to allow for a 3.0% tax credit on service sales to capture this additional revenue source to help pay for the public infrastructure required for this project.
BACKGROUND: The Clear Creek Crossing Project’s public improvements are being financed in part via Public
Improvement Fees (“PIFs”) as set forth in the Public Finance Agreement with the City dated July
6
Council Action Form – PIF Collecting Agent Agreement
April 27, 2020
Page 2 9, 2018 (“PFA”). The PIFs are fees derived from private covenants imposed on property within the District, and they operate similar to a sales tax by being charged against certain purchases
made on the property. Although the PIFs originate from private covenants, PIF revenue serves a
public purpose and is limited to providing public improvements for the Clear Creek Crossing Project and other approved costs consistent with the PFA and PIF covenants. Section 5.4 of the PFA requires the engagement of a PIF Collection Agent to collect the
PIF revenue in the same manner that the City of Wheat Ridge collects its taxes on purchases.
The District has identified private accounting firms that are able to perform this service; however, there are advantages to having the City of Wheat Ridge provide the Collection Agent services.
First, it will eliminate the need for a duplication of efforts. The City already collects taxes on
purchases within its boundaries, and having businesses remit the taxes and PIFs to the same entity provides for more efficient and seamless administration. In addition, Section 5.3 of the PFA contemplates a scenario where Credit-PIF revenue is retained by the City in lieu of tax revenue, which furthers the rationale for the City being the Collection Agent.
Second, the public accounting firms will charge a fee for the collection service. The fee for such service in the proposed agreement is 2% of the PIF revenue collected by the agent. At project buildout, the collection fee on PIF revenue is expected to exceed $20,000 annually. The City is an ideal recipient of this charge given the public nature of the PIFs, as it keeps the funds
collected in the coffers of a public entity as opposed to the use and profit of a private accounting
firm. Lastly, the City is a more reliable, permanent, and transparent agent. The City has more experience than any private firm in administering and enforcing the collection of taxes, and PIF
revenue collected by the City is more transparent and less susceptible to misappropriation.
Moreover, given the lengthy term that collection services are needed, the City is best suited as a long-term agent and partner in the Clear Creek Crossing Project. PRIOR ACTION: None
FINANCIAL IMPACT: Per Section 3.7 of the Agreement, the City will receive a Collection Fee equal to 2% of the PIF Revenue, estimated to total at least $20,000 annually.
RECOMMENDATIONS: Staff recommends approving the amendment to the PIF Collecting Agent Agreement. RECOMMENDED MOTION: “I move to approve Resolution No. 24-2020, a resolution approving the first amendment to
the PIF Collecting Agent Agreement between the City of Wheat Ridge, the Longs Peak Metropolitan District and Evergreen-Clear Creek Crossing, L.L.C.”
Council Action Form – PIF Collecting Agent Agreement
April 27, 2020
Page 3 Or,
“I move to postpone indefinitely Resolution No. 24-2020, a resolution approving the first amendment to the PIF Collecting Agent Agreement between the City of Wheat Ridge, the Longs Peak Metropolitan District and Evergreen-Clear Creek Crossing, L.L.C., for the following reason(s) .”
REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 24-2020
2. First Amendment to PIF Collection Agent Agreement
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 24
Series of 2020 TITLE: A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE PIF COLLECTING AGENT AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE, THE LONGS PEAK
METROPOLITAN DISTRICT AND EVERGREEN-CLEAR CREEK CROSSING, L.L.C. WHEREAS, pursuant to Charter Section 14.2 and C.R.S. § 29-1-203, the City of Wheat Ridge is authorized to enter into cooperative agreements with other
governmental entities; and
WHEREAS, pursuant to C.R.S. § 31-15-101(1)(c), the City may enter into contracts with any person; and
WHEREAS, the City, the Longs Peak Metropolitan District (“District”), and
Evergreen-Clear Creek Crossing, L.L.C. (“Evergreen”) have entered into a Public Finance Agreement to finance the construction of public improvements to serve a mixed-use development known as Clear Creek Crossing (the “Project”); and
WHEREAS, Evergreen has recorded against the Project’s property certain
covenants imposing public improvement fees on retail, admissions, and lodging sales (the “PIFs”); and WHEREAS, the City, District, and Evergreen have negotiated an agreement
whereby District and Evergreen will engage the City as a Collecting Agent to collect
revenue generated by the PIFs in a similar manner as the City collects taxes for retail, admissions, and lodging sales; and WHEREAS, the City Council wishes to approve the first amendment to the PIF
Collecting Agent Agreement to include an additional PIF Covenant in the Agreements
definition of PIF Covenants, and for charges thereunder to be collected and paid in the same manner as the original PIF Covenants. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, that:
The PIF Collecting Agent Agreement shall be amended to add the following subparagraph 7 to Recital E:
7. A Declaration of Covenants Imposing and Implementing the Evergreen – Clear Creek Crossing Services Public Improvement Fee at Reception No. [ ] in the real property records of the Clerk and Recorder of Jefferson County, Colorado.
ATTACHMENT 1
DONE AND RESOLVED this 27th day of April, 2020, at Wheat Ridge, Colorado
CITY COUNCIL OF THE CITY OF WHEAT RIDGE JEFFERSON COUNTY, COLORADO _____________________________
Bud Starker, Mayor ATTEST: _____________________________
Steve Kirkpatrick, City Clerk
{00450483} \\\DE - 23254/0001 - 252344 v2 16791115.2
FIRST AMENDMENT
TO PIF COLLECTING AGENT AGREEMENT This FIRST AMENDMENT TO PIF COLLECTING AGENT AGREEMENT
("First Amendment") is effective __________________, 2020, among the LONGS PEAK METROPOLITAN DISTRICT (the "District"), a quasi-municipal corporation and political subdivision of the State of Colorado ("State"), EVERGREEN- CLEAR CREEK CROSSING, L.L.C., an Arizona limited liability company (the “Developer”), and the CITY OF WHEAT RIDGE (the "City"), a home rule city and political subdivision of the State (collectively, the
“Parties”).
RECITALS A. The Parties are parties to that certain PIF Collecting Agent Agreement, effective
as of September 23, 2019, and approved by the City by City of Wheat Ridge,
Colorado, Resolution No. 55, Series 2019 (the “Agreement”); and B. The Agreement sets forth terms whereby the City will collect charges imposed by six Public Improvement Fee Covenants recorded against certain property within
the District (the “ PIF Covenants”); and
C. A seventh Public Improvement Fee Covenant has been recorded against certain property within the District at Reception No. [ ] in the real property records of the Clerk and Reco5rder of Jefferson County, Colorado
(the “Additional PIF Covenant”); and
D. The Parties desire to amend the Agreement to include the Additional PIF Covenant in the Agreement’s definition of PIF Covenants, and for charges thereunder to be collected and paid in the same manner as the original PIF
Covenants.
FIRST AMENDMENT NOW, THEREFORE, for and in consideration of the mutual agreements, promises and
covenants herein contained, the Parties agree as follows:
1. First Amendment. The Agreement’s shall be amended to add the following subparagraph 7 to Recital E: 7. A Declaration of Covenants Imposing and Implementing the Evergreen –
Clear Creek Crossing Services Public Improvement Fee at Reception No. [ ] in the real property records of the Clerk and Recorder of Jefferson County, Colorado.
ATTACHMENT 2
{00450483} 2
2. No Further Modification. The purpose of this First Amendment is limited to adding the
Additional PIF Covenant to the Agreement’s definition of PIF Covenants.
This First Amendment is entered into and executed by the parties as of the date set forth above.
LONGS PEAK METROPOLITAN DISTRICT
By: ATTEST: By:
CITY OF WHEAT RIDGE
By:
Bud Starker, Mayor ATTEST: By:
Office of the City Clerk
APPROVED AS TO FORM: ___________________________________
Gerald E. Dahl, City Attorney
{00450483} 3
DEVELOPER
EVERGREEN-CLEAR CREEK CROSSING, L.L.C., an Arizona limited liability company
By: Evergreen Development Company-2016, L.L.C.,
an Arizona limited liability company, its Manager By: Evergreen Devco, Inc.,
a California corporation,
its Manager By: Name:
Its:
ITEM NO: DATE: April 27, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 21-2020 - A RESOLUTION CONCERNING
THE LEASE BACK OF PROPERTY LOCATED AT 3805
WADSWORTH BOULEVARD TO 5G HOLDINGS, LLC DBA MIDAS
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Community Development Director City Manager
ISSUE: In April 2015, the City was awarded funding through the Denver Regional Council of
Governments (DRCOG) Transportation Improvement Program (TIP) to improve Wadsworth Boulevard from 35th Avenue to 48th Avenue. Local funding for the project was also generated with the voters’ 2016 approval of the 2E ballot measure for a temporary ½ cent sales and use tax rate increase.
The proposed improvements to Wadsworth Boulevard require that additional right-of-way
(ROW) be purchased. In order to facilitate the acquisition of property at 3805 Wadsworth and the subsequent relocation of the current tenant, Midas, City Council must approve a resolution authorizing leasing the property back to Midas for a limited period of time.
PRIOR ACTION: On October 12, 2015, the Council adopted the Planning and Environmental Linkage Study (PEL)
that identified traffic congestion and safety issues, developed multi-modal solutions, and identified related environmental issues and mitigation measures that needed further assessment. Also on October 12, 2015, an Intergovernmental Agreement (IGA) with CDOT was approved by Council, authorizing the environmental, design, and ROW acquisition phases.
7
Council Action Form – Wadsworth Boulevard Midas Lease
April 27, 2020
Page 2 On March 28, 2016, Council approved a contract with HDR to complete Phase I, the survey,
conceptual (30%) design and plans, and prepare the Environmental Assessment (EA). In 2017,
additional work was identified involving the historical status of several properties along the Wadsworth Corridor. Amendments to the HDR contract were approved by Council on May 22, 2017 and November 13, 2017.
On August 27, 2018, Council approved a contract with HDR to continue to work on the project
to complete the preliminary and final design, including the preparation of construction plans and
obtaining necessary state and federal approvals.
On December 10, 2018, Council approved a contract for ROW acquisition services with HDR, Inc. to prepare ROW plans and acquire ROW necessary to construct the project.
On January 14, 2019, Council authorized staff to acquire ROW along the corridor. Council
authorized the Mayor and the City Clerk to accept the acquired ROW on their behalf.
FINANCIAL IMPACT: In April 2015, the City was awarded a federal grant in the amount $31.6 million through the DRCOG Transportation Improvement Program (TIP). The City’s required local match for that grant is $6,320,000. In early 2017, the City was awarded a Highway Safety Improvement
Program (HSIP) grant for $2,600,000 to construct the medians with a federal share of
$2,340,000. CDOT is covering the local match of $260,000 because Wadsworth Boulevard is a state highway. CDOT has also committed to providing $4,100,000 in additional funding that was previously programed for maintenance on this portion of Wadsworth Boulevard. A second federal grant in the amount of $5.28 million was recently awarded through the latest DRCOG
TIP. The City’s required local match for that grant is $1.32 million.
The voters’ 2016 approval of the 2E ballot measure for a temporary ½ cent sales and use tax rate increase provides most of the local match that is required for both of the federal grants. The Wadsworth share of the 2E funds in $7 million.
In late November 2018, City staff administratively approved an early action scope and fee of
$72,600 with HDR to order the required 66 title commitments. On December 10, 2018, an
additional $1,344,394.91 was approved by City Council for the ROW acquisition work for a total HDR contract for ROW acquisitions services of $1,416,994.91.
Proposed funding, that is estimated at $15 million, for ROW acquisition is budgeted in 2020 in both the Capital Improvement Program (CIP) and 2E funding. This number is higher that has
been reported to Council previously due to the need to fully acquire the Bank of the West
property at 7575 W 44th Avenue.
The amount and timing of the potential revenue for selling the remainder parcels of the three full acquisitions has not been included in the budget at this time.
Council Action Form – Wadsworth Boulevard Midas Lease
April 27, 2020
Page 3 BACKGROUND: In October 2014, the City applied to DRCOG for federal transportation funds available for fiscal
years 2016 through 2021 to help fund a widening and improvement project on Wadsworth Boulevard from 35th Avenue to 48th Avenue. DRCOG awarded a Transportation Improvement Program (TIP) grant in October 2014.
The improvement of this segment of Wadsworth Boulevard has been a high priority for both
CDOT and the City of Wheat Ridge for more than 20 years. Lack of available funding has been
the primary reason for postponing improvements. With an earlier grant, a Planning and Environmental Linkage Study (PEL) was completed and adopted by Council on October 12, 2015. That study identified traffic congestion and safety issues, developed multi-modal solutions, and identified related environmental issues and mitigation measures that needed
further assessment. The Final Recommended Alternative (FRA) from the PEL study identified
the improvements needed to widen Wadsworth Boulevard between 35th and 48th Avenues to six travel lanes, to provide additional turning capacity at the key congested intersections at 38th and 44th Avenues, and install medians to better manage access. Bicycle and pedestrian facilities were also included to add facilities for additional modes of transportation.
On March 28, 2016, Council approved a contract with HDR to complete the survey, conceptual
(30%) design and plans, and prepare the Environmental Assessment (EA), which is the federally required process to approve a final roadway design, when federal funding is involved. The consultant team, City staff, and CDOT started working to investigate and resolve issues identified in the PEL. In particular, the need to improve the traffic capacity at the major
intersections of 38th Avenue and 44th Avenues was addressed further.
Most of the elements from the FRA were kept and have moved forward through the EA process; however, a couple of major items were changed or added. In response to needing additional capacity at the 38th and 44th Avenue intersections, the design of those intersections was changed from a traditional signalized design with double left turn lanes on all four legs of the intersection,
to continuous flow intersections (CFIs). The CFI designs were determined to be a better solution
to increase capacity and have the least impact to adjacent parcels. Also a pedestrian connection was added to the Clear Creek Trail on the east side. These changes were included in the update to Council at the March 20, 2017 Study Session.
An update on the environmental process was provided to the Council at the April 16, 2018 Study
Session. The results of the value engineering (VE) workshop were then discussed with Council
at the June 4, 2018 Study Session. The VE workshop outcomes that were accepted to move forward were to replace the sidewalk/2-way cycle track with a combined wide multi-use path, reduce the median and amenity zone widths, revise the access at 47th/48th Avenues, and revise the retaining wall design at the north end of the project. The VE workshop is required for
projects that receive federal funding that have a total cost exceeding $40 million.
The EA was signed by CDOT and the Federal Highway Administration (FHWA) staff on April 10, 2020. As a part of the review of the EA, a public meeting was held on May 22, 2019. The
Council Action Form – Wadsworth Boulevard Midas Lease
April 27, 2020
Page 4 decision document, a Finding of No Significant Impact (FONSI), was signed on September 13,
2019.
The preliminary design was started with an internal kick-off meeting being held with City and consultant staff on November 9, 2018. The official kick-off with CDOT staff was held on December 11, 2018. The preliminary plans were completed with a Field Inspection Review meeting being held at CDOT on May 3, 2019. Final plans have been completed and were
submitted to CDOT on April 10, 2020 for the Final Office Review meeting in early May, 2020.
Construction documents are expected to be finalized with all necessary permits in place in August, 2020 with the project being advertised for bids soon after.
Award of the third and final phase of the project, construction assistance, will be presented to Council for approval this summer. The City retains the option to continue working with the
awarded firm, HDR, Inc., for Phase III with the scope and fee being negotiated at that time.
On December 10, 2018, Council approved a contract for ROW acquisition services with HDR, Inc. to prepare ROW plans and acquire ROW necessary to construct the project. At the December 16, 2019 Study Session, an update was provided to Council on the status of the two early full acquisitions, Midas and Ralibertos which included an overview of the ROW
acquisition process for the four new Council members.
In both cases, final settlements have been reached and are proceeding towards closing. In order to allow Midas adequate time to prepare and relocate to their new location, the Memorandum of Agreement (MOA) allows them to occupy their current location until September 30, 2020. However, Midas would like to close on the property soon so that they can use the proceeds of the
sale to prepare and move to the new location. Therefore, a lease has been prepared with the City
as the landlord and Midas as the tenant, see Attachment 1.
RECOMMENDATIONS: Staff recommends that City Council approve the attached resolution authorizing the City to lease property located at 3805 Wadsworth Boulevard to 5G Holdings, dba Midas in order to allow the
closing on the purchase of the property and facilitate the relocation of Midas to their new
location. RECOMMENDED MOTION: “I move to approve Resolution No. 21-2020, a resolution concerning the lease back of property
located at 3805 Wadsworth Boulevard to 5G Holdings, LLC dba Midas.”
Or, “I move to postpone indefinitely Resolution No. 21-2020, a resolution concerning the lease back
of property located at 3805 Wadsworth Boulevard to 5G Holdings, LLC dba Midas, for the
following reason(s) __________________________________________.”
Council Action Form – Wadsworth Boulevard Midas Lease
April 27, 2020
Page 5 REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Manager
Steve Nguyen, Engineering Division Manager Kenneth Johnstone, Director of Community Development Patrick Goff, City Manager ATTACHMENTS:
1. Resolution 21-2020 2. Exhibit A – Lease Agreement
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 21 Series of 2020 TITLE: RESOLUTION NO. 21-2020 - A RESOLUTION CONCERNING THE LEASE BACK OF THE PROPERTY LOCATED AT 3805
WADSWORTH BOULEVARD TO 5G HOLDINGS, LLC DBA MIDAS WHEREAS, the City of Wheat Ridge (City) seeks to widen and make other improvements to Wadsworth Boulevard between 35th Avenue and 48th Avenue
(Project); and,
WHEREAS, on January 14, 2019, the City Council approved Resolution No. 04-2019, and thereby conveyed to the City Manager, or his designee, the authority to negotiate with private landowners and purchase those property rights necessary to
construct and maintain the Project; and
WHEREAS, pursuant to Resolution No. 04-2019, City staff negotiated in good faith with the owners of 3805 Wadsworth Blvd (Subject Property), 5G Holdings, LLC dba Midas (Midas), to purchase same for the Project; and
WHEREAS, as a condition of the timely sale of the Subject Property to the City, Midas negotiated a short-term lease back of the Subject Property from the City; and WHEREAS, the City’s post-sale lease back of the Subject Property to Midas
facilitates the continued use of the Subject Property as the site of an automotive repair
store until September 30, 2020; and WHEREAS, pursuant to C.R.S. § 31-15-713(c), so long as term of the lease is less than one year, through the passage of an authorizing resolution finding that that it
is the best interests of the City to do so, the City may lease any real estate it owns,
together with any facilities thereon; and WHEREAS, the City Council hereby finds that it is in the best interests of the City to lease 3805 Wadsworth Blvd, together with any facilities thereon, to Midas, until
September 30, 2020.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, that:
Section 1: Lease between the City and Midas Approved.
The lease between the City and Midas, a copy of which is attached to this Resolution as Exhibit A, and incorporated herein by reference, is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same.
ATTACHMENT 1
Section 2: Effective Date. This Resolution shall become effective upon adoption.
DONE AND RESOLVED this 27th day of April 2020 Bud Starker, Mayor
ATTEST:
Steve Kirkpatrick, City Clerk
Exhibit A Lease between the City and 5G Holdings, LLC dba Midas (Midas) [attached]
Rev. 10/2019 Page 1 of 5
PROJECT NO. NHPP 1211-086 PARCEL NO. _AP-11 ___________________ PROPERTY ADDRESS 3805 Wadsworth Blvd, Wheat Ridge, CO 80033 LEASE AGREEMENT (Building & Land)
THIS LEASE AGREEMENT, made and entered into this day of , , by and between the City of Wheat Ridge, hereinafter referred to as "Lessor", and 5G Holdings, LLC , hereinafter referred to as "Lessee". WITNESSETH:
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: 1. PREMISES. Lessor hereby leases and demises unto Lessee the building located at 3805 Wadsworth Boulevard, Wheat Ridge, CO 80033, including land, improvements and other rights
appurtenant thereto, hereinafter referred to as Premises or Building. The Premises, known and described as 3805 Wadsworth Boulevard, Wheat Ridge, CO 80033, includes approximately 18,428 square feet of land and a building consisting of 4,576 square feet of rentable floor area; the legal description for the Premises is attached hereto, made a part hereof and marked "Exhibit A". 2. TERM. The term of this lease shall begin at on (date of closing) and end on earlier of the
date the Lessee fully vacates the Premises, or September 30, 2020, whichever comes first, subject to the cancellation and termination provisions herein. 3. RENT. Lessee shall pay $10 per (year) as rent during the term hereof. 4. SECURITY DEPOSIT. Lessee has paid and Lessor has received a security deposit in the
amount of $ to be held as a deposit against the full performance of every provision of the agreement, and as a deposit against any damages caused to the leased premises by Lessee, his guests or invites. The Lessor shall have the right to use said deposit in full or in part payment of any rental obligation or damage caused by the Lessee or failure by Lessee to leave the premises in good repair and in a clean condition. Lessee understands that they cannot use the security deposit as a payment of any rental obligation without written permission from the Lessor.
5. USE. a. The premises shall be used solely for auto repair purposes and no other. Lessee shall not use or permit the Premises to be used for any other purpose without Lessee's prior written consent. Any other use of the Premises shall constitute a material breach of this lease and may cause this lease to terminate immediately at the Lessor’s option. b. Lessee shall not do or permit to be done in, on or about the Premises, nor bring or keep or permit to be brought or kept therein, anything which is prohibited by or will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, or which is prohibited by the standard form of fire insurance policy. Lessee will not use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Nor shall the Lessee cause, maintain or permit any nuisance in, or about the premises or commit or suffer to be committed any waste in or upon the Premises. c. Lessee shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Premises or the Building.
6. TAXES, UTILITIES, MAINTENANCE AND OTHER EXPENSES. It is understood and agreed that this Lease shall be an absolute net lease with respect to the Lessor, and that all taxes, assessments, insurance, utilities and other operating costs and the cost of all maintenance, repairs, and improvements, and all other direct costs, charges and expenses of any kind whatsoever respecting the leased Premises shall be borne by the Lessee and not by the Lessor so that the rental return to the Lessor shall not be
reduced, offset or diminished directly or indirectly by any cost or charge. Lessee shall maintain the Premises in good repair and in tenable condition free of trash and debris during the term of this Lease. Lessor shall have the right to enter the Premises at any time for the purpose of making necessary inspections.
7. HOLD HARMLESS AND INSURANCE. The Lessee shall save, indemnify and hold harmless the
Lessor for any liability for damage or loss to persons or property resulting from Lessee's occupancy or use of the Premises. 8. OWNERSHIP. As of the Date of Closing, the Lessor is the owner or the Premises. The
undersigned warrants and represents himself to be the authorized agent of the Lessor for the purposes of granting this lease.
ATTACHMENT 2
Rev. 10/2019 Page 2 of 5
9. LEASE ASSIGNMENT. Lessee shall not assign this lease and shall not sublet the demised Premises without specific written permission of the Lessor and will not permit the use of said Premises to anyone, other than Lessee, its agents or employees, without the prior written consent of Lessor. 10. DAMAGE AND DESTRUCTION. In the event the leased Premises are rendered untenantable or unfit for Lessee's purposes by fire or other casualty, this Lease will immediately terminate and no rent
shall accrue to Lessor from the date of such fire or casualty. In the event the leased Premises are damaged by fire or other casualty so that there is partial destruction of such Premises or such damage as to render the leased Premises partially untenantable or partially unfit for Lessee's purposes, either party may, within five (5) days of such occurrence, terminate this lease by giving written notice to the other
party. Such termination shall be effective not less than fifteen (15) days from the date of mailing of the notice.
11. NO VIOLATION OF LAW. The Lessee shall not commit, nor permit the commission of, any act or thing, which shall be a violation of any ordinance of the municipality, City, County, or of any law of the State of Colorado or the United States. The signatories hereto aver that they are familiar with 18-8-301,
et seq., (Bribery and Corrupt Influences) and 18-8-401, et seq., (Abuse of Public Office), C.R.S., as amended, and that no violation of such provisions is present. The signatories aver that to their
knowledge, no employee of the Lessor has any personal or beneficial interest whatsoever in the service or property described herein.
12. NOTICE. Any notice required or permitted by this lease may be delivered in person or sent by
registered or certified mail, return receipt requested, to the party at the address as hereinafter provided, and if sent by mail it shall be effective when posted in the U.S. Mail Depository with sufficient postage
attached thereto: LESSOR: LESSEE:
City Manager & Jeff Genuario Public Works Director, Mark Westberg 7450 East Progress Place
City of Wheat Ridge Greenwood Village, CO 80111 7500 West 29th Avenue
Wheat Ridge, CO 80033 Notice of change of address shall be treated as any other notice. The Lessee warrants that the address listed above is the Lessee's current mailing address and that the Lessee will notify the Lessor in writing of any changes in that address within ten (10) days of such change. The Lessor may instead of delivering or sending the notice, post the notice on the leased premises.
13. NEW PERMANENT STRUCTURES OR IMPROVEMENTS. No new permanent structures or improvements of any kind shall be erected or moved upon the Premises by the Lessee without the express written permission of the Lessor. Any such structure or improvement erected or moved upon the
Premises without the express written consent of the Lessor may be immediately removed by the Lessor at the expense of the Lessee. Further, any structures, improvements, or items of any kind remaining on the Premises at the termination of the lease will be considered abandoned by the Lessee and may be immediately removed by the Lessor at the Lessee’s expense. 14. HAZARDOUS MATERIALS. The Lessee agrees to defend, indemnify and hold harmless the
Lessor and any employees, agents, contractors, and officials of the Lessor against any and all damages, claims, liability, loss, fines or expenses, including attorney's fees and litigation costs, related to the presence, disposal, release or clean-up of any contaminants, hazardous materials or pollutants on, over, under, from or affecting the Premises, which contaminants or hazardous materials the Lessee or its
employees, agents, contractors or officials has caused to be located, disposed, or released on the Premises. The Lessee shall also be responsible for all damages, claims and liability to the soil, water,
vegetation, buildings or personal property located thereon as well as any personal injury or property damage related to such contaminants or hazardous materials. 15. BINDING AGREEMENT. This Lease Agreement shall be binding upon and inure to the benefit of
the partners, heirs, executors, administrators, and successors of the respective parties hereto.
16. DEFAULT. If Lessee shall fail to observe, keep or perform any of the other terms, agreements or conditions contained herein or in regulations to be observed or performed by Lessee and such default continues for a period of 30 days after notice by Lessor or beyond the time reasonably necessary for cure, if such default is of a nature to require in excess of 30 days to remedy, and/or this Lease or any
interest of Lessee hereunder shall be levied upon by any attachment or execution, then any such event shall constitute an event of default by Lessee. Upon the occurrence of any event of default by Lessee
hereunder, Lessor may, at its option and without any further notice or demand, in addition to any other rights and remedies given hereunder or by law, do any of the following:
(a) Lessor shall have the right, so long as such default continues, to give notice of termination to
Lessee. On the date specified in such notice (which shall not be less than 3 days after the giving of such notice) this Lease shall terminate.
Rev. 10/2019 Page 3 of 5
(b) In the event of any such termination of this Lease, Lessor may then or at any time thereafter, re-enter the premises and remove therefrom all persons and property and again repossess and enjoy the premises, without prejudice to any other remedies that Lessor may have by reason of Lessee's default or of such termination. (c) The amount of damages which Lessor may recover in event of such termination shall include,
without limitation, all legal expenses and other related costs incurred by Lessor following Lessee's default including reasonable attorneys' fees incurred in collecting any amount owed hereunder and any damages to the building beyond its present condition.
(d) Following the termination of this Lease or Lessee's right to possession hereunder (or upon Lessee's failure to remove its personal property from the premises after the expiration of the term of this
Lease), Lessor may remove any and all personal property located in the premises and place such property in a public or private warehouse or elsewhere at the sole cost and expense of the Lessee; such warehouser shall have all rights and remedies provided by law against Lessee as the owner of such property. In addition, in the event that Lessee shall not immediately pay the cost of storage of such
property after the same has been stored for a period of 30 days or more, Lessor may sell any or all thereof at a public or private sale in such manner and at such times and places as Lessor in its sole
discretion may deem proper, without notice to or demand upon Lessee. Lessee waives all claims for damages that may be caused by Lessor's removing or storing or selling the property as herein provided,
and Lessee will indemnify and hold Lessor free and harmless for, from and against any and all losses, costs and damages, including without limitation all costs of court and attorneys' fees of Lessor occasioned
thereby. Lessee hereby irrevocably appoints Lessor as Lessee's attorney-in-fact with the rights and powers necessary in order to effectuate the provisions of this subparagraph (d). Such appointment shall
be deemed coupled with an interest.
(e) If Lessee abandons the premises, Lessor may permanently change the locks and Lessee shall not be entitled to a key or re-entry.
(f) This Lease is entered into at a closing on Lessor’s acquisition of the Premises from Lessee.
Lessor will provide to Lessee a 30 day notice to vacate at that closing, as required by the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act. None of the remedies described in this
paragraph 16 can be exercised within the 30 day notice to vacate time frame. If Lessee does not default on this Lease, Lessee will be allowed to stay in occupancy for the term of this Lease, which extends
beyond the 30 day notice to vacate time frame.
17. COMPLETE AGREEMENT. This Lease, including all exhibits, supersedes any and all prior written or oral agreements and there are no covenants, conditions or agreements between the parties
except as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or affect whatsoever unless embodied herein in writing. No subsequent novation,
renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in a written contract executed by the Parties. 18. CAPTIONS, CONSTRUCTION, AND LEASE EFFECT. The captions and headings used in this
Lease are for identification only, and shall be disregarded in any construction of the Lease provisions. All of the terms of this Lease shall inure to the benefit of and be binding upon the respective heirs,
successors, and assigns of both the Lessor and the Lessee. If any provision of this Lease shall be determined to be invalid, illegal, or without force by a court of law or rendered so by legislative act then the remaining provisions of this Lease shall remain in full force and effect.
19. APPLICABLE LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this Lease. Any provision of this lease, whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or
available in any action at law whether by way of compliant, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this Lease to the extent that this agreement is capable of execution. 20. LIMITED LIABILITY COMPANY AUTHORITY. If Lessee signs as a limited liability company, each of the persons executing this Lease on behalf of the Lessee does hereby covenant and warrant that
Lessee is a duly authorized and existing limited liability company, that Lessee is qualified to do business in the State of Colorado, that the limited liability company has full right and authority to enter into this Lease, and that each person signing on behalf of the limited liability company is authorized to do so.
21. LIABILITY EXPOSURE. The parties hereto understand and agree that liability for claims for injuries to persons or property arising out of the negligence of the Lessor, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of 24-10-101, et seq., C.R.S. (Colo. Govt. Immunity Act). Any provision of this Lease, whether or not incorporated herein by reference, shall be controlled, limited and otherwise modified so as to limit any liability of the Lessor to the above-cited laws.
Rev. 10/2019 Page 4 of 5
22. INSURANCE: (a) The Lessee shall obtain and maintain, at all times during the duration of this Lease, insurance in the kinds and amounts detailed below. The Lessee shall require any Contractor working for them on the Premises to obtain like coverage. The following insurance requirements must be in effect during the entire term of the Lease. Lessee shall, at its sole cost and expense, obtain insurance on its inventory, equipment and all other personal property located on the Premises against loss resulting from fire, theft or other casualty. (b) Workers’ Compensation Insurance as required by state statute, and Employer’s Liability Insurance covering all employees acting within the course and scope of their employment and work on the activities authorized by this Lease in Paragraph 5. (c) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering Premises operations, fire damage, independent Consultants, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows:
1. $1,000,000 each occurrence;
2. $2,000,000 general aggregate;
3. $50,000 any one fire.
If any aggregate limit is reduced below, $2,000,000 because of claims made or paid, the Lessee, or as applicable, its Contractor, shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the Lessor a certificate or other document satisfactory to the Lessor showing compliance with this provision. (d) If any operations are anticipated that might in any way result in the creation of a pollution exposure, Lessee shall also provide Pollution Legal Liability Insurance with minimum limits of liability of $1,000,000 Each Claim and $1,000,000 Annual Aggregate. The Lessor shall be named as an Additional Insured to the Pollution Legal Liability policy. The Policy shall be written on a Claims Made form, with an extended reporting period of at least two year following finalization of the Lease. (e) Umbrella or Excess Liability Insurance with minimum limits of $1,000,000. This policy shall become primary (drop down) in the event the primary Liability Policy limits are impaired or exhausted. The Policy shall be written on an Occurrence form and shall be following form of the primary. The following form Excess Liability shall include the Lessor as an Additional Insured. (f) The Lessor shall be named as Additional Insured on the Commercial General Liability Insurance policy. Coverage required by the Lease will be primary over any insurance or self-insurance program carried by the City of Wheat Ridge. (g) All insurance required by this Lease Agreement shall include provisions preventing cancellation or non-renewal without at least 30 days prior notice to the Lessor by certified mail to the address contained in this document. (h) The insurance policies related to the Lease shall include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against, its agencies, institutions, organizations, officers, agents, employees and volunteers. (i) All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to the Lessor. (j) In order for this lease to be executed, the Lessee, or as applicable, their Contractor, shall provide certificates showing insurance coverage required by this Lease to the Lessor prior to the execution of this lease. No later than 30 days prior to the expiration date of any such coverage, the Lessee or Contractor shall deliver to the Notice Address of the Lessor certificates of insurance evidencing renewals thereof. At any time during the term of this Lease, the Lessor may request in writing, and the Lessee or Contractor shall thereupon within 10 days supply to the Lessor, evidence satisfactory to the Lessor of compliance with the provisions of this section. Insurance coverage must be in effect or this lease is in default. (k) If the Lessee engages a Contractor to act independently from the Lessee on the Premises, that Contractor shall be required to provide an endorsement naming the City of Wheat Ridge as an Additional Insured on their Commercial General Liability, and Umbrella or Excess Liability policies. WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year first above written. LESSEE:
Rev. 10/2019 Page 5 of 5
5G Holdings, LLC (Full Legal Name) By____________________________________ Attest (Name) Title___________________________________
_____________________________________ Federal Tax Identification Number STATE OF COLORADO )
) ss COUNTY OF ) The foregoing instrument was subscribed and sworn to before me this day of , 20__ by .
Witness my hand and official seal. My commission expires . Notary Public Address
______________________________________ ______________________________________ LESSOR:
ATTEST: CITY OF WHEAT RIDGE
__________________________ By____________________________________
ITEM NO: DATE: April 27, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 22-2020 – A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF WHEAT RIDGE AND ROYS MOUNTAIN HOME,
LLC REGARDING ROBB STREET REGIONAL DETENTION
POND
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Community Development Director City Manager
ISSUE: Mountain Gateway, a proposed new light industrial development project in the City of Arvada, is
required to construct stormwater detention facilities. Rather than constructing the facilities on their property and to promote efficient land use, Mountain Gateway is proposing to expand the Ridge Road Regional Pond (Pond) to provide the required stormwater detention. The Pond is owned by the City of Wheat Ridge with the Mile High Flood District (MHFD) assisting in maintaining the Pond.
This resolution approves a Memorandum of Understanding (MOU) allowing Mountain Gateway to construct those facilities and outlines the conditions between the two parties for the expansion of the Pond.
PRIOR ACTION: On April 25, 2011, the City Council approved an IGA with RTD for funding the City’s local
match for the FasTracks Gold Line project. The IGA required the City to construct a portion of a related regional storm sewer system, the Ridge Road Tributary Outfall (RRTO). This system is located in the southern portion of the RTD railroad right-of-way from Ward Road to the City boundary east of Simms Place. This IGA also required RTD to construct a regional stormwater
8
Council Action Form – Mountain Gateway MOU
April 27, 2020
Page 2 pond on the vacant land south of Ridge Road and west of the Xcel substation. RTD was also
responsible for constructing the RRTO downstream of the regional pond to an existing box
culvert referred to as the Arvada Channel Outfall, included as part of the Columbine Basin Storm Sewer System.
On May 23, 2011, Council approved an IGA (followed by an amendment on April 12, 2012) among the City of Arvada and the Urban Drainage and Flood Control District (UDFCD),
concerning the construction of both Cities’ portions of the RRTO along the Gold Line corridor.
On December 8, 2014, Council approved an IGA among RTD and UDFCD, followed by an amendment on February 9, 2015, to construct the City’s portion of the Arvada Channel Outfall between Miller and Oak Streets.
On August 27, 2018, Council approved a second amendment to the original IGA with RTD to
convey ownership of the Pond to the City.
On December 9, 2019, Council approved a land transfer from Mountain Gateway to the City due to the Robb Street alignment shifting to the west that would then allow the expansion of the Pond.
FINANCIAL IMPACT: The expansion of the Pond has no financial impact to the City. Because the City is responsible
for maintenance of the Pond, increasing the pond size and adding additional stormwater could add to the maintenance cost. However, the Pond was constructed to meet the MHFD, formerly UDFCD, maintenance standards, so that the City can request assistance from MHFD to maintain the Pond. MHFD has added the Pond to their list of maintenance responsibilities.
Mountain Gateway will be paying the City $20,000 to be placed into escrow for a future MHFD
project to enlarge the Pond.
BACKGROUND: Since 2011, RTD, Arvada, and Wheat Ridge, in partnership with MHFD, have been constructing the necessary stormwater infrastructure between Ward Road and Miller Street that were first
identified in the 1994 Columbine Basin Outfall Systems Planning Study as the RRTO. This work
was primarily done to mitigate the impacts of the construction of the Gold Line rail corridor.
With the completion of the Gold Line construction, RTD approached the City to transfer ownership of the Pond to the City. On August 27, 2018, Council approved a second amendment to the original IGA with RTD to convey the Pond to the City.
Also in August 2018, the City was approached by the developer of the vacant property to the
west of the Pond to modify the pond to meet the stormwater detention requirements for the proposed Mountain Gateway industrial development.
Council Action Form – Mountain Gateway MOU
April 27, 2020
Page 3 Mountain Gateway dedicated ROW and has started construction of Robb Street along the west
side of the Pond. This requires realignment of the existing private street in order to smoothly
connect to Robb Street at the south end and the rail crossing at the north end.
At the north end, a sliver of property that does not affect the capacity of the pond needed to become ROW in order to provide a smooth connection to the existing rail crossing, which cannot be moved. The City and RTD had an easement agreement for the sliver of proposed ROW that
has been extinguished. On December 9, 2019, Council approved extinguishing the easement on
the sliver of property.
At the south end, the portion of the Mountain Gateway property that remains on the east side of the new Robb Street ROW needs to be transferred to the City and is being used by Mountain Gateway to enlarge the Pond. On December 9, 2019, Council approved a land transfer from
Mountain Gateway to the City due to the Robb Street alignment shifting to the west that would
then allow the expansion of the Pond.
In addition to enlarging the Pond to provide for their needs, Mountain Gateway will provide $20,000 towards future expansion of the Pond. During the recent analysis of the Pond as a part of the 2E Ward TOD projects, it was determined that the Pond capacity would not adequately
decrease the stormwater flows in accordance with the approved design. Newer calculation
methods and other changes in the design of regional ponds found that additional capacity was needed for the Pond to function as intended. MHFD and the City will be working on a joint project to increase the capacity of the Pond.
This MOU finalizes the agreement with Mountain Gateway to enlarge the Pond, discharge
stormwater flows into the pond, convey the property on the east side of Robb Street to the City,
and require Mountain Gateway to provide the $20,000 for the future expansion of the Pond.
RECOMMENDATIONS: Staff recommends approval of the MOU to finalize the agreement with Mountain Gateway.
RECOMMENDED MOTION: “I move to approve Resolution No. 22-2020, a resolution approving a Memorandum of
Understanding between the City of Wheat Ridge and Roys Mountain Home, LLC regarding Robb Street Regional Detention Pond.” Or,
“I move to postpone indefinitely Resolution No. 22-2020, a resolution approving a Memorandum of Understanding between the City of Wheat Ridge and Roys Mountain Home, LLC regarding Robb Street Regional Detention Pond for the following reason(s) __________________.”
REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Supervisor
Steve Nguyen, Engineering Manager
Council Action Form – Mountain Gateway MOU
April 27, 2020
Page 4 Ken Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 22-2020 2. Memorandum of Understanding – Exhibit A to Resolution 22-2020 3. The Property – Exhibit A to MOU
4. Declaration of Drainage Easement – Exhibit B to MOU
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO.22
Series of 2020
TITLE: RESOLUTION NO. 22-2020 – A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WHEAT RIDGE AND ROYS MOUNTAIN HOME, LLC
REGARDING ROBB STREET REGIONAL DETENTION POND
WHEREAS, the City of Wheat Ridge (City) has a stormwater facility Pond east of Robb Street and south of Ridge Road that provides regional detention of stormwater flows; and
WHEREAS, Roys Mountain Home has planned an industrial development
(Mountain Gateway) on the west side of Robb Street that is required to provide detention of stormwater flows; and
WHEREAS, the portion of Robb Street north of W 50th Avenue is being moved to the west to provide a better alignment with Robb Street south of W 50th Avenue; and
WHEREAS, the Pond can be expanded to accommodate the required detention
facilities for Mountain Gateway; and
WHEREAS, Mountain Gateway has agreed to fund the cost of the expansion of the Pond for their needs and provide an additional $20,000 towards a future expansion of the Pond; and
WHEREAS, the Mile High Flood District will review the design and inspect the
construction of the expansion of the Pond to ensure that the construction meets the minimum criteria for regional detention facilities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows:
Section 1. Memorandum of Understanding Approved.
The MOU with Roys Mountain Home regarding the expansion of the Pond east of Robb Street and south of Ridge Road, attached hereto as Exhibit A, is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same, in form approved by the City Attorney.
Section 2. Effective Date
This Resolution shall be effective upon adoption
ATTACHMENT 1
2
DONE AND RESOLVED this 27th day of April 2020.
______________________________
Bud Starker, Mayor ATTEST:
_______________________________
Steve Kirkpatrick, City Clerk
3
Exhibit A
Memorandum of Understanding Roys Mountain Home [attached]
1850429.5
MEMORANDUM OF UNDERSTANDING (Robb Street Regional Detention Pond)
This MEMORANDUM OF UNDERSTANDING (this “MOU”) is entered into as of ____________________, 2020 by and between the CITY OF WHEAT RIDGE, a home rule municipality and political subdivision of the State of Colorado (the “City”) and ROYS MOUNTAIN HOME LLC, a Delaware limited liability company (the “Landowner”). The City
and the Landowner are hereinafter collectively referred to as the “Parties,” and each individually
as a “Party.”
RECITALS
A. The Landowner is the owner of certain real property, which is more particularly described on the attached Exhibit A (the “Property”), and which is generally located west of
Robb Street and north of West 50th Avenue, in the City of Arvada, Colorado (“Arvada”).
B. The Landowner is presently processing a subdivision plat application (the “Plat”) with Arvada, in anticipation of constructing an industrial project consisting of two buildings and associated parking areas, landscaping, and other improvements (the “Project”).
C. The Plat contemplates relocating the existing Robb Street right-of-way, and
dividing the Property into one lot (“Lot 1”) and one tract (“Tract A”).
D. The City presently owns and maintains a regional stormwater detention pond (the “Pond”) on certain real property located east of the Property.
E. In connection with the Project and approval of the Plat, the Landowner plans to construct improvements to the Pond in order to enable the Pond to detain stormwater flows from
the Project, and further intends to convey Tract A to the City to allow the City to own and maintain
the portion of the Pond located thereon, with such conveyance to occur following Arvada’s approval of the Plat.
F. The Parties desire to enter into this MOU to memorialize the obligations of each Party with respect to the Pond and Tract A.
AGREEMENT
NOW THEREFORE, for and in consideration of the foregoing recitals which are incorporated herein by reference, and the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows:
1. Stormwater Drainage Easement. Prior to conveying Tract A to the City, the
Landowner will record a declaration of drainage easement in substantially the form attached hereto
as Exhibit B (the “Drainage Easement”), allowing stormwater drainage flows from Lot 1 to drain into the Pond located on Tract A. The City consents to the recordation of such Drainage Easement.
ATTACHMENT 2
1850429.5
2. Conveyance of Tract A to the City. Upon the City’s approval of this MOU, the
Landowner will record a quitclaim deed, conveying Tract A to the City (the “Quitclaim Deed”).
The City acknowledges that it has previously approved the form of the Quitclaim Deed.
3. Payment for Pond Improvements and Maintenance. Within two business days of mutual execution of this MOU, the Landowner will remit to the City Twenty Thousand Dollars ($20,000) to the City, for the purpose of constructing future improvements to expand the Pond
volume to meet the 100-year detention needs for the upstream basin; and
The Landowner acknowledges and agrees that the City may appropriate the payments described in this Section 3 in any manner authorized by law, and the Landowner hereby waives any right to object to the City’s appropriation of such payments.
4. Release of Further Landowner Obligations. Upon the Landowner’s payment to the
City of the above-referenced amounts, the Landowner will have no further obligations with respect
to the Pond, except as may be set forth in the Drainage Easement. Except as may otherwise be set forth in the Drainage Easement, the City hereby waives the right to object to or otherwise comment on the Plat or the Project, except: (i) in the City’s role as a referral agency under the city of Arvada land use code and (ii) with respect to any adverse impacts from the Project to the Pond. .
5. Term of MOU. This MOU will remain in full force and effect until the Parties have
performed all of their obligations set forth in Sections 1 through 3 above, at which point this MOU will terminate and be of no further force and effect. Notwithstanding the foregoing, the provisions of Sections 4 and 5 of this MOU will remain in full force and effect until the completion of the Project, as evidenced by Arvada’s issuance of a final certificate of occupancy for the Project.
6. Successors and Assigns. This MOU will run with the Property and will bind and
burden the Landowner and its successors and assigns in interest.
7. Remedies. The Parties hereto acknowledge and agree that each party may exercise all rights and remedies in law or in equity as may be available.
8. Notices. Any notice required or permitted by this MOU shall be in writing and
shall be deemed to have been sufficiently given for all purposes if sent by certified mail or
registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given, at the address set forth below, or at such other address as has been previously furnished in writing, to the other party. Such notice shall be deemed to have been given when deposited in the United States mail.
If to the City: City of Wheat Ridge
Attn: Public Works Director 710 Kipling Street, Suite 300 Lakewood, Colorado 80215
With a copy to: City of Wheat Ridge
Attn: City Attorney
710 Kipling Street, Suite 300 Lakewood, Colorado 80215
1850429.5
If to the Landowner: Roys Mountain Home LLC
Attn: Walter Cale
2001 Wilshire Boulevard, Suite 220 Santa Monica, California 90403
With a copy to: Otten Johnson Robinson Neff + Ragonetti, P.C. Attn: Brian J. Connolly
950 17th Street, Suite 1600
Denver, Colorado 80202
9. No Appropriation of Funds; No Aid to Landowner. Pursuant to C.R.S. § 29-1-110, the financial obligations, if any, of the City contained herein which are payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise
made available. Nothing in this MOU is intended to provide a donation, grant, or aid by or on
behalf of the City to the Landowner, or to establish any joint venture between the Parties, and the Parties acknowledge and agree that the activities described in this MOU are for the benefit of the public.
10. No Binding of Legislative Authority. The Parties acknowledge that this MOU does
not bind the City or its governing body in any manner except as specifically described herein.
11. No Waiver of Governmental Immunity Act. The Parties hereto understand and agree that the Parties, their commissioners, councilmembers, officials, officers, directors, agents and employees, are relying on, and do not waive or intend to waive by any provisions of this Agreement, the monetary limitations or any other rights, immunities and protections provided by
the Colorado Governmental Immunity Act, §§ 24-10-101 to 120, C.R.S., or otherwise available to
the County.
12. Governing Law and Venue. This MOU shall be governed by the laws of the State of Colorado. Venue for any action hereunder shall be in the District Court in and for Jefferson County, Colorado and the Parties waive any right to remove any action to any other court, whether
state or federal.
13. No Third-Party Beneficiaries. The enforcement of the terms and conditions of this MOU and all rights of action relating to such enforcement, shall be strictly reserved to the Parties, and nothing contained in this MOU shall give or allow any such claim or right of action by any other or third person under such MOU. Any beneficiary of the terms and conditions of this MOU
are not intended beneficiaries but are incidental beneficiaries only.
14. Severability. It is understood and agreed by the Parties hereto that if any part, term, or provision of this MOU is by the courts held to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the MOU did not contain
the particular part, term, or provision held to be invalid.
15. Entirety. This MOU merges and supersedes all prior negotiations, representations and agreements between the Parties hereof and constitutes the entire agreement between the Parties concerning the subject matter hereof.
1850429.5
IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto as of the date
first written above.
CITY OF WHEAT RIDGE, COLORADO
By: Bud Starker, Mayor Title:
ATTES
Steven Kirkpatrick, City Clerk
Approved as to form:
Gerald Dahl, City Attorney
1850429.5
LANDOWNER:
ROYS MOUNTAIN HOME LLC, a Delaware
limited liability company
Walter Cale, Manager
A-1
1850429.5
EXHIBIT A
The Property
B-1
1850429.5
EXHIBIT B Drainage Easement
Exhibit A
1782918.5
Depiction of Tract A:
ATTACHMENT 3
1
1846470.1
DECLARATION OF DRAINAGE EASEMENT
THIS DECLARATION OF DRAINAGE EASEMENT (this “Declaration”) is made as of
_____________________, 2020 (the “Effective Date”), by ROYS MOUNTAIN HOME LLC, a Delaware limited liability company (“Declarant”).
Recitals
A. Declarant is the owner of the parcels of real property located in the City of Arvada,
State of Colorado, more particularly described as Tract A, Mountain Gateway Minor Plat, County
of Jefferson, State of Colorado (“Tract A”) and Lot 1, Mountain Gateway Minor Plat, County of Jefferson, State of Colorado (“Lot 1”).
B. Declarant is presently constructing or has constructed improvements to a regional stormwater detention pond and associated facilities (the “Drainage Facilities”), located within the
boundaries of Tract A, in order for stormwater flows from Lot 1 to be discharged onto, across, and
through such Drainage Facilities.
C. Declarant desires to establish certain easement rights on, over, and across Tract A in order that stormwater flows from Lot 1 may be discharged into the Drainage Facilities, pursuant to the terms and conditions of this Declaration.
DECLARATION
NOW, THEREFORE, Declarant, for itself and its successors and assigns with regard to the property affected by this Declaration, hereby declares as follows::
1. Grant of Easement. Subject to the terms of this Declaration, Declarant hereby establishes and grants unto itself, for the benefit of Lot 1, a non-exclusive easement on, over, and
across Tract A for the purpose of permitting stormwater from Lot 1 to flow onto, across, and
through the Drainage Facilities, to ensure the unobstructed flow of stormwater drainage from Lot 1. The easement granted herein shall be for the benefit of Lot 1 and all lands draining therein only.
2. Restriction on Tract A. Declarant, for itself and its successors and assigns as owners of all or any interest in Tract A, declares that it will not use or permit any use of Tract A
which would be inconsistent with or interfere with the easement rights granted hereunder, which
would adversely impact the lateral and subjacent support for the Drainage Facilities or which would result in a material increase or decrease of the earth cover over Tract A.
3. Maintenance of Drainage Facilities. The maintenance and operation of the Drainage Facilities shall be the exclusive responsibility of the owner of Tract A. The owner of
Lot 1 shall have no obligation to construct, reconstruct, maintain, or operate, or to cause the same.
4. Modification and Termination. This Declaration and the exhibits attached hereto may be modified, amended or terminated only by mutual agreement in a writing signed by the owner(s) of Lot 1 and Tract A (each, an “Owner”), or their respective successors and assigns, recorded in the real property records of Jefferson County, Colorado.
ATTACHMENT 4
2
1846470.1
5. Covenant Running with the Title to the Premises. The rights and obligations of this
Declaration are a benefit and burden upon Tract A and Lot 1 and shall run with title to such
properties and be binding on the Owners of such properties.
6. No Merger. Unless the Declarant expressly states that it intends a merger of estates or interests to occur, then no merger shall be deemed to have occurred hereunder or under any documents executed in the future affecting the Easement.
7. Notices. All notices, demands or other communications required or permitted to
be given hereunder will be in writing and any and all such items will be deemed to have been duly delivered: (i) upon personal delivery; (ii) three (3) business days after mailing by United States mail, certified, return receipt requested, postage prepaid, addressed as follows; (iii) one (1) business day after deposit with FedEx or a similar overnight courier service, addressed as follows;
(iv) upon transmitting (if not later than 5:00 p.m. local time) by facsimile or e-mail to the facsimile
number or e-mail address set forth below if not later than 5:00 p.m. local time; or (v) one business day after transmitting (if later than 5:00 p.m. local time) by facsimile or e-mail. The Owners shall give notice to one another of the mailing address, telephone number, facsimile number, and e-mail address of each Owner.
8. Severability. If any term, covenant, condition or provision of this Declaration is,
at any time or to any extent, declared invalid or unenforceable, the remainder of this Declaration will not be affected thereby, it being the intent of the Declarant that this Declaration and each provision hereof will be enforceable and enforced to the fullest extent permitted by law.
9. Recording. This Declaration shall be recorded in the real property records of
Douglas County, Colorado.
10. Governing Law. This Declaration will be governed by and construed in accordance with the laws of the State of Colorado.
11. Headings. The captions and headings of any sections herein are not part of and in no manner or way define, limit, amplify, change or alter any term, covenant or condition of this
Declaration.
[Signature Page Follows]
3
1846470.1
IN WITNESS WHEREOF, this Declaration has been executed as of the date first set forth
above.
DECLARANT:
ROYS MOUNTAIN HOME LLC a Delaware limited liability company
By:
Walter Cale, Manager
STATE OF CALIFORNIA ) )SS. County of ___________________ )
The foregoing instrument was acknowledged before me this ____ day of ____________,
2020, by Walter Cale as Manager of Roys Mountain Home LLC, a Delaware limited liability
company.
Witness my hand and official seal.
My commission expires: __________________________
Notary Public
ITEM NO: DATE: April 27, 2020
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 25-2020 – A RESOLUTION RECOGNIZING AND DECLARING THE PUBLIC PURPOSE
AND IMPORTANCE OF THE CITY’S BUSINESS STABILIZATION PROGRAM AND MAKING FINDINGS IN CONNECTION THEREWITH
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ City Attorney City Manager
ISSUE: The City has created a business stabilization program for eligible businesses within the City, to assist them in response to the effects of the Covid-19 pandemic. This resolution documents the public purpose for expenditure of City funds in aid of private business, to be consistent with requirements of the Colorado Constitution.
PRIOR ACTION: On March 30, the Council adopted Resolution 19, Series 2020, establishing the Business Stabilization Program.
FINANCIAL IMPACT: None, beyond that created by Resolution 19, Series 2020.
BACKGROUND: Appropriate restrictions on operation of businesses imposed by the Governor’s stay at home
orders and the implementing orders of the Colorado Department of Public Health and
Environment have resulted in the closure and/or significant curtailment of business activity, and
9
Council Action Form – Business Recovery Program
April 27, 2020
Page 2 these orders have affected businesses within the City of Wheat Ridge in particular. In addition to
affecting the businesses, their owners, and employees, this has a significant effect upon the
City’s financial health, in reducing sales tax revenues. These revenues, in turn, fund the important public functions and services the City provides to its residents. The Business Stabilization Program is designed to support these businesses. The Colorado Constitution restricts public aid to private businesses, except to the degree that a public purpose and benefit
can be shown for such aid. This resolution documents the public purpose and benefit of the
Business Recovery Program. RECOMMENDATIONS: Staff recommends approval of the Resolution.
RECOMMENDED MOTION: “I move to approve Resolution No. 25-2020, a resolution recognizing and declaring the public purpose and importance of the City’s Business Stabilization Program and making findings in connection therewith”
Or, “I move to postpone Resolution No. 25-2020, a resolution recognizing and declaring the public purpose and importance of the City’s Business Stabilization Program and making
findings in connection therewith, for the following reason(s)______________________.”
REPORT PREPARED/REVIEWED BY; Gerald Dahl, City Attorney Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 25-2020
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 25
Series of 2020
TITLE: A RESOLUTION RECOGNIZING AND DECLARING THE PUBLIC PURPOSE AND IMPORTANCE OF THE CITY’S BUSINESS STABILIZATION PROGRAM AND MAKING FINDINGS IN CONNECTION THEREWITH
WHEREAS, the Wheat Ridge City Council acknowledges the hardship imposed
on small businesses within the City by the COVID-19 emergency; and
WHEREAS, the Council recognizes the public importance and significance of small businesses to the health and vitality of the City of Wheat Ridge generally, and the City government itself, in that the City is funded in major part with sales tax revenues; and
WHEREAS, the Council finds that assistance from the City is necessary to support
businesses within the City during this time in order to avert significant economic loss to the City generally, and the City government’s ability to function and deliver public services in particular; and
WHEREAS, in recognition of these findings, the Council has acted by Resolution
19, Series 2020 to establish and fund a Business Stabilization Program for eligible
businesses within the City; and
WHEREAS, the Council wishes by this Resolution to recognize the public purpose and importance of the City’s Business Stabilization Program to the economic health of the City generally and the fiscal health of the City in particular.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. Business Stabilization Program Public Benefits Recognized. The Council hereby recognizes and declares the public benefit to the City generally, and to the City government’s fiscal health in particular, of the Business Stabilization Program established by Resolution No. 19, Series 2020, and hereby declares said program to
serve a vital public purpose for the City and its residents.
Section 2. Effective Date. This Resolution shall be effective upon adoption.
DONE AND RESOLVED this 27th day of April 2020. ________________________________
Bud Starker, Mayor ATTEST:
_____ Steve Kirkpatrick, City Clerk
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