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HomeMy WebLinkAboutVirtual City Council Agenda Packet 05-11-20AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO May 11, 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 May 11, 2020) 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 987 4092 4977 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 Police Week Proclamation Mental Health Month Proclamation Wheat Ridge 2020 Graduates Proclamation APPROVAL OF MINUTES 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. CITY COUNCIL AGENDA: May 11, 2020 Page -2- 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. 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. 06-2020 - an ordinance approving the rezoning of property located at 9800 W. 38th Avenue from Residential-One (R-1) to Planned Residential Development (PRD) with an Outline Development Plan (ODP) 2. 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 3. Council Bill No. 09-2020 - an ordinance amending Chapter 21 of the Wheat Ridge Code of Laws concerning streets and sidewalks 4. Resolution No. 27-2020 - a resolution approving an enhanced sales tax improvement program agreement with Grammy’s Goodies in the amount not to exceed $70,000 or for five years, whichever shall occur first ORDINANCES ON FIRST READING 5. Council Bill No. 10-2020 - 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 6. Council Bill No. 11-2020 - an ordinance approving the rezoning of property located at 9800 W. 38th Avenue from Residential-One (R-1) to Planned Residential Development (PRD) with an Outline Development Plan (ODP) DECISIONS, RESOLUTIONS AND MOTIONS 7. Motion to approve appointment of representatives to the 2021 Outside Agency Program Committee 8. Resolution No. 29-2020 - a resolution approving an intergovernmental agreement with Jefferson County for CARES Act local government distributions 9. Resolution No. 28-2020 - 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 funding phase two of the Business Stabilization Program CITY COUNCIL AGENDA: May 11, 2020 Page -3- CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT PROCLAMATION Designating the week of May 10-16, 2020, as NATIONAL POLICE WEEK and May 15, 2020, as NATIONAL PEACE OFFICERS MEMORIAL DAY WHEREAS, the Congress and President of the United States have designated May 15 as Peace Officers Memorial Day, and the week in which it falls as Police Week; and WHEREAS, the people of Colorado have shared in the grief of the tragic death of El Paso County Deputy Sheriff Jeff Hopkins who contracted COVID-19 while on duty; and WHEREAS, it is important to recognize and honor the sacrifice made by those who are injured or who die in the line of duty; and WHEREAS, the members of the City of Wheat Ridge Police Department play an essential role in safeguarding the rights and freedoms of all who work, play, and live in our City; and WHEREAS, the past few months created unique challenges for our community and increased risk for the men and women of the Wheat Ridge Police Department as we protected the health and safety of the department as well as the community in the face of the global COVID-19 pandemic; and WHEREAS, it is important that everyone know and understand the problems, duties and responsibilities of our police department, and that our local law enforcement agency recognizes their duty to serve our community by safeguarding life and property, by providing protection against violence and disorder, and by shielding the innocent against deception and the weak against oppression or intimidation; and WHEREAS, over the course of the past 51 years, the police department of the City of Wheat Ridge has grown to be a modern and scientific law enforcement agency which tirelessly provides a vital public service in partnership with the law abiding members of our community; NOW, THEREFORE, I, Mayor Bud Starker, call upon all those living and working in Wheat Ridge, and upon all of our community’s patriotic, civil and educational organizations to observe the week of May 10-16, 2020, as NATIONAL POLICE WEEK Honoring law enforcement officers, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to our community and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all members of the community. I FURTHER call upon our community to observe May 15, 2020 as NATIONAL PEACE OFFICERS MEMORIAL DAY To honor those peace officers who, through their courageous deeds, have lost their lives or who have been injured in the performance of their duty. IN WITNESS THEREOFF, on this 11th day of May, 2020 __________________________ Bud Starker, Mayor ________________________ Steve Kirkpatrick, City Clerk PROCLAMATION MENTAL HEALTH MONTH MAY 2020 WHEREAS, good mental health is essential to the overall health and emotional wellbeing of all children, youth, adults and families; and promotes a healthy community; and WHEREAS, one in five people in our communities experience a mental health condition each year; and WHEREAS, 8.1% of individuals in our communities experience substance use disorders each year; and WHEREAS, increased focus on the prevention of mental health conditions and substance use disorders among children and adolescents through screening and early intervention helps improve lives, and WHEREAS, the stigma against mental health conditions and substance use disorders prevents many people from accessing care; and WHEREAS, when mental health problems and substance use disorders are detected early and treated, people can recover and maintain a healthy and independent life; and WHEREAS, the City of Wheat Ridge is dedicated to improving the health and well-being of the community by ending stigma and focusing on the integrated role of mental health in all our lives, NOW THEREFORE, I, Bud Starker, Mayor of Wheat Ridge, do hereby proclaim May 2020, as Mental Health Month and call upon all residents, government agencies, public and private institutions, businesses, and schools to recommit our communities and resources to increasing awareness and understanding of mental health, providing appropriate and accessible services for all community members, and making mental health a priority. Dated this 11th day of May 2020. __________________________ Bud Starker, Mayor ________________________ Steve Kirkpatrick, City Clerk PROCLAMATION Wheat Ridge Graduates Week May 11 – 17, 2020 WHEREAS, Wheat Ridge is a special place with exceptional schools and residents who strive to improve their lives through education; and WHEREAS, many residents of Wheat Ridge have completed their studies and are due to graduate in 2020; and WHEREAS, the COVID-19 pandemic has significantly changed our lives including the way that we gather to celebrate accomplishments; and WHEREAS, the social distancing requirements due to the COVID-19 pandemic necessitates that graduates and their families are unable to celebrate their accomplishments in the usual ways; and WHEREAS, many students have missed out on prom, trips, end of year concerts, awards ceremonies, graduation ceremonies and parties; and WHEREAS, approximately 250 seniors are due to graduate from Wheat Ridge High School this May; and WHEREAS, a number of Kindergarten, eighth grade, college, trade and technical school students are also due to graduate this year; and WHEREAS, the City of Wheat Ridge recognizes the dedication and hard work required to graduate, particularly during this challenging time when classroom instruction has been disrupted. NOW THEREFORE, I, Bud Starker, Mayor of the City of Wheat Ridge along with all elected officials and City staff do hereby congratulate all City of Wheat Ridge graduates and wish them well in their future endeavors and I proclaim May 11 – 17, 2020 Wheat Ridge Graduates Week ___________________________ Bud Starker, Mayor ______________________________ Steve Kirkpatrick, City Clerk ITEM NO: DATE: May 11, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 06-2020 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 9800 W. 38TH AVENUE FROM RESIDENTIAL-ONE (R-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH AN OUTLINE DEVELOPMENT PLAN (ODP) (CASE NO. WZ-19-07 / HARDI) PUBLIC HEARING ORDINANCES FOR 1ST READING (03/09/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (05/11/2020) RESOLUTIONS (continued from 4/13/2020) QUASI-JUDICIAL: YES NO ____________________________ _____________________________ City Attorney City Manager ISSUE: The applicant is requesting approval of a zone change from Residential-One (R-1) to Planned Residential Development (PRD) with an Outline Development Plan for property located at 9800 W. 38 th Avenue (southeast corner of W. 38th Avenue and Johnson Street). Because of insufficiencies in the noticing procedure for the public hearing on this request, the City Attorney is requesting that this Council Bill, presently set for second reading and public hearing on June 8, 2020, be postponed indefinitely. A replacement Council Bill is on the Council’s May 11, 2020 agenda, which, when adopted, will set the public hearing on the matter for the same date, June 8, and will enable the City to fully comply with all public noticing requirements. PRIOR ACTION: Planning Commission heard the request at a public hearing on February 6, 2020 and recommended approval. Council continued the date of public hearing on this Council Bill to June 8, 2020. At the Council’s regular meeting on April 27, 2020, the City Attorney advised that this Council Bill should be postponed indefinitely at the May 11, 2020 meeting in order to allow a replacement council bill to be introduced. 1 Council Action Form – Rezoning Property at 9800 W. 38th Avenue from R-1 to PRD May 11, 2020 Page 2 RECOMMENDED MOTION: “I move to postpone indefinitely Council Bill No. 06-2020, an ordinance approving the rezoning of property located at 9800 W. 38th Avenue from Residential-One (R-1) to Planned Residential Development (PRD) with an Outline Development Plan (ODP), upon request of the City Attorney.” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 06-2020 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER WEAVER COUNCIL BILL NO. 06 ORDINANCE NO. 1688 Series of 2020 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 9800 W. 38TH AVENUE FROM RESIDENTIAL-ONE (R-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH AN OUTLINE DEVELOPMENT PLAN (ODP) (CASE NO. WZ-19-07 / HARDI) 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, Ardalan and Kim Hardi submitted a land use application for approval of a zone change to the Planned Residential Development (PRD) District for property at 9800 W. 38th Avenue; and, WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan, Envision Wheat Ridge, which calls for vibrant neighborhoods, diversification of housing stock and household types, and reinvestment in underutilized properties in neighborhood areas; and, WHEREAS, the proposed development is compatible with the surrounding area, provides an appropriate transitional land use, and complies with the comprehensive plan; and, WHEREAS, the zone change criteria support the request; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on February 6, 2020 and voted to recommend approval of the rezoning of the property to Planned Residential Development (PRD), NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Ardalan and Kim Hardi for approval of a zone change ordinance from Residential-One (R-1) to Planned Residential Development (PRD) for property located at 9800 W. 38th Avenue, 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: A PARCEL OF LAND BEING A PORTION OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 27, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL ATTACHMENT 1 2 MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 27 BEING N 89°39'35” E, CITY OF WHEAT RIDGE DATUM AND MONUMENTED AS FOLLOWS: -NORTHWEST CORNER OF SECTION 27, BEING A FOUND 3.25” ALUMINUM CAP IN RANGE BOX, PLS 29757, PER MON. REC. DATED 1-14-13, CITY OF WHEAT RIDGE DATUM CONTROL POINT NO. 15409. -NORTH 1/4 CORNER OF SECTION 27, BEING A FOUND 3.25” BRASS CAP IN RANGE BOX, PLS 13212, PER MON. REC. DATED 5-5-06, CITY OF WHEAT RIDGE DATUM CONTROL POINT NO. 15509. POINT OF COMMENCEMENT AT THE NORTHWEST CORNER OF SECTION 27; THENCE N 89°39'35" E ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 27 A DISTANCE OF 662.91 FEET; THENCE S 00°11'55" E A DISTANCE OF 30.00 FEET TO THE NORTHWEST CORNER OF MEADOW HAVEN SUBDIVISION, A SUBDIVISION RECORDED AT RECEPTION NO. 86051870 AND THE POINT OF BEGINNING; THENCE S 00°11'55" E ALONG THE WESTERLY LINE OF SAID MEADOW HAVEN SUBDIVISION AND THE EXTENSION THEREOF A DISTANCE OF 247.00 FEET TO A POINT ON THE NORTHERLY LINE OF WESTHAVEN SUBDIVISION, A SUBDIVISION RECORDED AT RECEPTION NO. 51495593; THENCE ALONG SAID NORTHERLY LINE OF WESTHAVEN SUBDIVISION THE FOLLOWING FOUR (4) COURSES: 1. N 84°09'48" W A DISTANCE OF 40.12 FEET; 2. N 66°49'07" W A DISTANCE OF 66.72 FEET; 3. N 70°16'31" W A DISTANCE OF 166.12 FEET; 4. N 43°14'39" W A DISTANCE OF 28.03 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF JOHNSON STREET; THENCE N 00°12'32" W ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 138.53 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST 38TH AVENUE; 3 THENCE N 89°39'35" E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF WEST 38TH AVENUE A DISTANCE OF 276.48 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS AN AREA OF 55,957 SQUARE FEET, OR 1.2846 ACRES MORE OR LESS. 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 June 8, 2020 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 4 Approved as to Form __________________________ Gerald E. Dahl, City Attorney First Publication: March 12, 2020 Second Publication: May 16, 2020 Wheat Ridge Transcript Effective Date: May 1, 2020 Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us ITEM NO: DATE: May 11, 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 Code 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 (CCIAA) 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; 2 CAF – Smoking in Public Places Date: May 11, 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 second reading 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 HUTCHINSON COUNCIL BILL NO. 08 ORDINANCE NO. 1689 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 -2- 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 -3- 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. -4- 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. -5- 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 -6- (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 -7- 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 8 to 0 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 -8- ATTEST: Steve Kirkpatrick, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: April 30, 2020 Second Publication: May 14, 2020 Wheat Ridge Transcript Effective Date: May 29, 2020 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: May 11, 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 3 CAF – Chapter 21 Streets and Sidewalks May 11, 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 second 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 second reading, and that it take effect immediately upon adoption.” 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 Greg Knudson, Director of Public Works CAF – Chapter 21 Streets and Sidewalks May 11, 2020 Page 3 Patrick Goff, City Manager Jerry Dahl, City Attorney ATTACHMENTS: 1. Council Bill 09-2020 2. Compare version showing changes against current Chapter 21 -1- CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE COUNCIL BILL NO. 09 ORDINANCE NO. 1690 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 ATTACHMENT 1 -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 -5- 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 -6- 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 -7- 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 -8- 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. -9- 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 -10- 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 -11- 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: -12- 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 -13- 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 -14- (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 -15- 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. -16- (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 -17- 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 -18- 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 -19- 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. -20- 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 -21- 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 -22- 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 -23- 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 -24- (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. USE OF THE RIGHT-OF-WAY BY A UTILITY COMPANY OR SPECIAL DISTRICT 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. ALL SUCH USES SHALL BE SUBJECT TO SECTIONS 15.5 AND 15.9 OF THE HOME RULE CHARTER. 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 -25- 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. -26- 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 -27- 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 immediately upon adoption, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 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: April 30, 2020 Second Publication: May 14, 2020 Wheat Ridge Transcript Effective Date: May 29, 2020 -1- 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. -2- 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. -3- 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) -4- 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 -5- (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. -6- (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. -7- 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. -8- 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. -9- (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 Formatted: Font: (Default) Arial, 10 pt -10- 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: -11- (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; -12- (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 -13- 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: Formatted: Font color: Dark Red, Strikethrough -14- (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 -15- (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. -16- 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. -17- (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 -18- 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. -19- (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 -20- (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. -21- 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 Uuse 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. All such uses shall be subject to Sections 15.5 and 15.9 of the home rule charter.Such uses include, but are not limited to, the following: Water mains, laterals, and services; sewer mains, laterals and services; electric, gas, communications and -22- telecommunications distribution networks (both aerial and underground); and public transit shelters, benches and appurtenances. (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. -23- (Code 1977, § 4A-15) 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. -24- 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. (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: May 11, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 27-2020 – A RESOLUTION APPROVING AN ENHANCED SALES TAX IMPROVEMENT PROGRAM AGREEMENT WITH GRAMMY’S GOODIES IN THE AMOUNT NOT TO EXCEED $70,000 OR FOR FIVE YEARS, WHICHEVER SHALL OCCUR FIRST PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _________________________ City Manager ISSUE: The City of Wheat Ridge received a request from Jeff and Vickie Corder, owners of Grammy’s Goodies (Grammy’s), to enter into the Enhanced Sales Tax Incentive Program (ESTIP) for the rebate of sales tax increment (Increment) in association with a proposed remodel and addition of an enclosed patio to their restaurant located at 4601 N. Harlan Street in Wheat Ridge. The rebate would be for 50% (1.5 cents) of City incremental sales tax generated for a period of five years or a total not to exceed amount of $70,000. PRIOR ACTION: At its March 16, 2020 study session, City Council provided a consensus to draft an agreement with Grammy’s for the ESTIP. FINANCIAL IMPACT: The improvements of the addition and remodel of Grammy’s is projected to increase sales, generating approximately $20,000 in new sales tax annually. The City will retain 50%, or $10,000, annually and 50% will be shared with Grammy’s to assist in paying for the public improvements. 4 Council Action Form – Grammy’s Goodies ESTIP May 11, 2020 Page 2 BACKGROUND: The goal of the ESTIP is to encourage the establishment and/or substantial expansion of retail sales tax generating businesses within the city, thereby stimulating the economy of and within the city, thereby providing employment for residents of the city and others, thereby further expanding the goods available for purchase and consumption by residents of the city, and further increasing the sales taxes collected by the city. The ESTIP and increased sales tax collections will enable the city to provide expanded and improved municipal services to and for the benefit of the residents of the city, while at the same time providing public or public-related improvements at no cost, or at deferred cost, to the city and its taxpayers and residents. This tool allows the City Council to rebate a portion of sales tax increment generated by Grammy’s. Enhanced sales tax is the amount of sales tax collected by the city over and above a base amount, which is the amount received over the previous 12-months prior to the application to enter into the ESTIP. Grammy’s has been operating for 17 years, the last 5 years in Wheat Ridge. Co-owner, Vicky Corder grew up in Wheat Ridge and graduated from Wheat Ridge High School. She and her husband Jeff raised two children in Wheat Ridge and want to be a part of the community for as long as they are able. Grammy’s was recently featured on the Food Network’s Diners, Drive-ins and Dives. This feature has increased Grammy’s business dramatically. Based on this new business, Grammy’s needs additional space in the restaurant to accommodate the new business. This additional space includes customer seating capacity and kitchen space. Grammy’s also needs an improved parking area and landscaping to accommodate the increase in business and improve the aesthetics of its grounds surrounding the facility. Grammy’s building currently measures 2000 sq. ft. and seats 24. Most of the square footage is devoted to kitchen and storage. Grammy’s plans to expand the seating area by 600 sq. ft. by enclosing the current patio area with two large glass garage-type doors and three large windows for a modern look. These plans and improvements will all be approved under the City’s Architectural and Site Design (ASDM). There will be a stone façade on the outside of the building along with new flower boxes. This will create a unique eating space as the doors can be rolled up, weather permitting, to create an open-air eating space that will seat approximately 40 people and an enclosed eating space. This addition will allow for more space in the main building to accommodate additional work area which will make it much more efficient to facilitate Grammy’s festival and catering business. The flower boxes around the sign will also be revamped from the current broken wood to a new brick retaining wall. Prior to the feature on Diners, Drive-ins and Dives, Grammy’s employed eight full-time staff. With the increased business from the show, Grammy’s has created four more full-time and three more part-time jobs. With the expansion and more room for efficiency Grammy’s plans to create even more positions. The upgrades will also bring construction jobs to the city. The expansion and improvement costs are estimated to be approximately $150,000. The ESTIP funding will be utilized in the facilitation of the expansion. The remaining $80,000 of Council Action Form – Grammy’s Goodies ESTIP May 11, 2020 Page 3 construction funding will be supplemented by private equity of the business owners, a family member loan, and a bank line of credit. Grammy’s has also been approved for a loan up to $20,000 from the Wheat Ridge Business District. No other City or Urban Renewal funds will be utilized for the expansion. During, and upon completion of the project, the end user will provide to the City of Wheat Ridge the following: • Future sales and use tax revenue; • The continuation of permanent good paying jobs; • Construction-related jobs and the economic activity they bring to the surrounding neighborhood; • Support of a Wheat Ridge based small business; and • Conformance with the City’s Comprehensive Plan. RECOMMENDATIONS: Staff recommends approval of the Grammy’s ESTIP agreement. RECOMMENDED MOTION: “I move to approve Resolution No. 27-2020, a resolution approving an enhanced sales tax improvement program agreement with Grammy’s Goodies in the amount not to exceed $70,000 or for five years, whichever shall occur first.” Or, “I move to postpone indefinitely Resolution No. 27-2020, a resolution approving an enhanced sales tax improvement program agreement with Grammy’s Goodies in the amount not to exceed $70,000 or for five years, whichever shall occur first for the following reason(s) _______________________.” REPORT PREPARED/REVIEWED BY: Steve Art, Economic Development Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 27-2020 2. Exhibit 1 - Grammy’s Goodies ESTIP Agreement CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 27 Series of 2020 TITLE: A RESOLUTION APPROVING AN ENHANCED SALES TAX IMPROVEMENT PROGRAM AGREEMENT WITH GRAMMY’S GOODIES IN THE AMOUNT NOT TO EXCEED $70,000 OR FOR FIVE YEARS, WHICHEVER SHALL OCCUR FIRST WHEREAS, Division 4, Section 22-73 of the Wheat Ridge Code of Laws establishes an Enhanced Sales Tax Incentive Program; and WHEREAS, The purpose of the enhanced sales tax incentive program is to encourage the establishment and/or substantial expansion of retail sales tax generating businesses within the city; and WHEREAS, approval of this resolution will stimulate the economy of and within the City, thereby providing employment for residents of the city and others; and WHEREAS, the improvements will allow further expansion of the goods available for purchase and consumption by residents of the city; and WHEREAS, the completed improvements will further increase the sales taxes collected by the City, which increased sales tax collections will enable the City to provide expanded and improved municipal services to and for the benefit of the residents of the City; and WHEREAS, the agreement, attached as Exhibit 1 has been reviewed and approved by all parties. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Enhanced Sales Tax Incentive Program Agreement Approved An Enhanced Sales Tax Incentive Program Agreement with Grammy’s Goodies is approved, rebating 50% (1.5 cents) of City incremental sales tax generated for a period of five years or for a total not to exceed amount of $70,000. Section 2. Effective Date. This Resolution shall be effective upon adoption. DONE AND RESOLVED by the City Council this 11th day of May , 2020. ______________________ Bud Starker, Mayor ATTEST: _________________________ Steve Kirkpatrick, City Clerk ATTACHMENT 1 AGREEMENT PURSUANT TO ENHANCED SALES TAX INCENTIVE PROGRAM This Agreement Pursuant To Enhanced Sales Tax Incentive Program (this “Agreement”) is made and entered into as of the 11th day of May, 2020, by and between GRAMMIES GOODIES LLC located at 4601 Harlan Street, Wheat Ridge, CO 80033, hereinafter referred to as the “Owner” and the CITY OF WHEAT RIDGE, COLORADO, hereinafter referred to as the “City,” collectively the “Parties,” and each individually, as a “Party.” RECITALS: Whereas, the City has adopted Chapter 22, Article 69 - 84 of the Wheat Ridge Code of Laws, entitled the Enhanced Sales Tax Incentive Program (the “ESTIP Program”), a copy of which is attached hereto as Exhibit A, to encourage, in part, the establishment of retail sales tax generating businesses within the City; and Whereas, the Owner desires to participate in the ESTIP Program and to share in the enhanced sales tax derived from the property described as a Restaurant, generally located at 4601 Harlan Street in Wheat Ridge, Colorado and more particularly described in Exhibit B, attached hereto and incorporated by this reference (the “Property”), for the installation of Public Improvements described in Exhibit C, attached hereto and incorporated by this reference (the “Public Improvements”) to the extent allowed by this Agreement and the ESTIP Program. NOW, THEREFORE, in consideration of the foregoing premises and the covenants, promises, and agreements of each of the Parties hereto, to be kept and preformed by each of them, the Parties agree as follows: 1. Recitals. The Recitals set forth above are incorporated in this Agreement by reference. 2. Term. The term of this Agreement shall commence on the first day of the calendar month following the month in which the Owner receives their Certificate of Occupancy on the Property or November 1, 2020 whichever shall occur first (the “Commencement Date”) and shall terminate in five (5) years, unless otherwise provided in this Agreement (the “Term”). The Term of this Agreement shall automatically renew for each additional one year period to the extent required by Section 4(d) hereof. 3. Application of City Code. This Agreement is subject to the limitations of the ESTIP Program, as found in the City of Wheat Ridge Code of Laws. In the event of conflicts between this Agreement and the ESTIP Program, the ESTIP Program shall control. 4. Qualification of Property for the ESTIP Program. The City agrees that the Property qualifies for the ESTIP Program and the Public Improvements are improvements for public and/or public related purposes that will stimulate the economy ATTACHMENT 2 EXHIBIT 1 2 of and within the City, provide employment opportunities for residents of this City and others, expand the goods available for purchase and consumption by residents of the City, and increase sales taxes collected by the City. The City finds the business is reasonably likely to generate enhanced sales taxes of at least One Hundred Twenty Thousand ($100,000) over the full term of this Agreement. The following provisions shall apply for each year in which the ESTIP Program is in effect for the Property: a. Fifty percent (50%) of the “Enhanced Sales Taxes” collected by the City and derived from the Property shall be segregated by the City to be utilized for the ESTIP Program herein established and approved (the “Allocated Revenues”). For purposes of this Agreement “Enhanced Sales Taxes” shall have the meaning set forth in the ESTIP Program at Section 22-75 of the Wheat Ridge Code of Laws. b. The amount of Enhanced Sales Taxes shall be calculated as follows: the actual amount of sales taxes collected on the Property during the period for 12-months preceding the issuance of a certificate of occupancy by the City of Wheat Ridge (the “base amount”). The excess of collections in each such year above the base amount shall be the Enhanced Sales Taxes for that year. c. The Owner shall share in the Enhanced Sales Taxes derived from the Property and the business located thereon as provided herein. d. Enhanced Sales Taxes from the Property shall be shared and the Allocated Revenues shall be disbursed to the Owner on an annual basis with sales taxes collected on and after the Commencement Date. The maximum period of time that this Agreement shall be in effect shall for five (5) years, commencing on the Commencement Date. e. The maximum amount of Enhanced Sales Tax shall not at any time exceed $70,000 f. This Agreement is a personal agreement between the City and the Owner and does not run with the Owner’s property interest in the land. The obligations, benefits and/or the provisions of this Agreement may not be assigned in whole or in part without the express authorization of the City Council, acting in its sole and exclusive discretion and no third party shall be entitled to rely upon or enforce any provisions hereon. Notwithstanding the foregoing, Owner may assign its interests in this Agreement to an affiliate or to a successor by consolidation. For the purposes of this Paragraph, an affiliate means an entity which controls, is controlled by, or is under common control with the Owner. This Agreement shall never constitute a debt or obligation of the City within any constitutional or statutory provision. g. Any Enhanced Sales Taxes subject to the Agreement shall be escrowed in the event there is a legal challenge to the ESTIP Program or to the approval of this Agreement. 3 h. At the end of the Term of this Agreement as provided for herein, any monies segregated by the City which have not been expended as hereunder provided may be transferred to another account of the City or used in a manner determined by the City in its sole discretion, excluding any amounts escrowed under Paragraph 4.g above. i. From the Enhanced Sales Tax proceeds segregated by the City, the City shall pay to the Owner the actual cost incurred by the Owner for the construction and installation of the Public Improvements beginning at the time that all of the Public Improvements are substantially completed, but not to exceed the Maximum Amount defined in Paragraph 4.e above and set forth in Exhibit C. j. In order to obtain reimbursement for such actual costs, the Owner shall submit invoices to the City after the Effective Date of this Agreement, the payment of which shall be subject to the City’s approval for compliance of the expenditures with this Agreement and the ESTIP Program and the availability of Allocated Revenues. Each invoice presented to the City by the Owner shall be accompanied by an affidavit or other supporting documentation from the general contractor stating: i. that said improvements have been substantially completed pursuant to plans and specifications approved by the City through the issuance of permits and site plan approvals by the City in the ordinary course; and ii. that the Owner has paid the full amount specified on the invoice. k. The Owner shall be deemed the “owner or proprietor” of the Property for the purposes of this Agreement and the ESTIP Program, whether or not the Owner owns all or any portion of the Property at any relevant time, since the Owner is coordinating the installation of the Public Improvements. 5. City’s Budget Process. Each year, the City Manager shall include in a budget presented to the City Council pursuant to Chapter X, Sec. 10.2 of the Wheat Ridge Home Rule City Charter, the appropriation of the Allocated Revenues for payment to the Owner as provided in this Agreement. Nothing in this Agreement shall be construed as obligating the City Council to appropriate the Allocated Revenues in any fiscal year. 6. No Debt or Pecuniary Liability. Notwithstanding anything in the Agreement to the contrary, the Agreement is specifically subject to annual appropriation of sufficient funds to pay the Allocated Revenue as provided in the ESTIP Program. No multiple year fiscal obligation is created hereby. The decision of the City Council not to appropriate funds in any given year shall not affect, impair or invalidate any of the remaining provisions of this Agreement. None of the obligations of the City hereunder shall be payable from any source other than Enhanced Sales Taxes. 4 7. Subordination. Notwithstanding anything in this Agreement to the contrary, the Owner shall have no right, claim, lien, or priority, in or to the City’s sales tax revenue that would be superior to or on parity with the rights, claims, or liens of the holders of any sales tax revenue that would be bonds, notes, certificates, or debentures payable from or secured by any sales taxes, outstanding as of the Effective Date of this Agreement. All rights of the Owner are, and at all time shall be, subordinate and inferior to the rights, claims and liens of the holders of any and all such sales tax revenue bonds, notes, certificates, or debentures, issued by the City and payable from or secured by any sales taxes. 8. No Covenant to Construct or to Open. The intent of this Agreement is to provide for Owner’s participation in the ESTIP Program, in the event that Owner constructs the Public Improvements. Notwithstanding any provision in this Agreement to the contrary, Owner shall have no obligation under this Agreement to construct the Public Improvements, and in that event, the City shall have no obligation to share any of the Enhanced Sales taxes with Owner. 9. Remedies. The Owner waives any constitutional claims against the City arising out of a breach of this Agreement. The Owner’s remedies against the City under this Agreement are limited to breach of contract claims. In no event shall the Owner be entitled to a claim, nor shall the City be liable for, any special, exemplary, punitive or consequential damages of any kind, including economic damages or lost profits. 10. Severability. It is understood and agreed by the Parties that if any part, term or provision of this Agreement is held by the courts to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid, and the Parties shall cooperate to cure any legal defects in the Agreement or the ESTIP. Should the allocation of the Enhanced Sales Tax, or the payment of the Allocated Revenues be judicially adjudged illegal, invalid or unenforceable under the present or future laws effective during the Term of this Agreement by a court of competent jurisdiction in a final, non-appealable judgment, the Parties shall utilize their best, good faith efforts to restructure this Agreement or enter into a new agreement consistent with the purposes of this Agreement. Should the Parties be unsuccessful in their efforts, the Agreement shall terminate without penalty or recourse to the City. 11. Governing Law. The laws of the State of Colorado shall govern the validity, performance and enforcement of this Agreement. Should either Party institute legal suit or action for enforcement of any obligation contained herein, it is agreed that venue of such suit or action shall be proper and exclusive in the district court for Jefferson County, Colorado. 12. Notices. All notices required or permitted under this Agreement shall be in writing and shall be hand delivered or sent by certified mail, return receipt requested, postage prepaid, to be addressed to the Parties set forth below. All notices so given shall be considered effective upon the earlier of the actual receipt or seventy-two (72) hours 5 after deposit in the United States Mail with the proper address. Either Party by notice so given may change the address to which future notices shall be sent: Notice to the City: City Manager City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 Copy to: City Attorney City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 Notice to the Owner: Grammies Goodies 4601 Harlan Street Wheat Ridge, CO 80033 13. Entire Agreement – Amendments. This Agreement embodies the whole agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the Parties hereto. This Agreement may be amended only by written agreement between the Owner and the City acting pursuant to City Council authorization. 14. Effective Date. This Agreement shall be effective and binding upon the Parties upon the date first set forth above. Notwithstanding any provision of this Agreement which may be interpreted to the contrary, in the event that Owner does not acquire title to the Property and construct and make improvements to the Property on or before December 31, 2020, then upon notice by the Owner to the City, this Agreement shall terminate and both Parties shall be relieved of all liability hereunder. IN WITNESS WHEREOF, Owner and City have each caused this Agreement to be executed by the authorized Parties. OWNER GRAMMIES GOODIES ___________________________ Title State of Colorado ) ) ss. County of __________ ) 6 The foregoing Agreement was acknowledged before me this ___ day of ____________, 20___, by _______________________________ as _____________________ [title] of _____________________________________, Inc. WITNESS MY HAND AND OFFICAL SEAL. My Commission expires: __________________ _________________________________ Notary Public CITY OF WHEAT RIDGE By: ________________________ Name: Bud Starker Title: Mayor ATTEST: _______________________ Name: Steve Kirkpatrick Title: City Clerk State of Colorado ) ) ss. County of Jefferson ) The foregoing Agreement was acknowledged before me this ____ day of ____________, 20___, by Jerry DiTullio as Mayor and Janelle Shaver as City Clerk, respectively, of the City of Wheat Ridge, Colorado. WITNESS MY HAND AND OFFICAL SEAL. My Commission expires: __________________ ___________________________ Notary Public 7 EXHIBIT A ENHANCED SALES TAX INCENTIVE PROGRAM (ESTIP) Section 1. Enhanced Sales Tax Incentive Program Amended: Division 4 of Article I of Title 22 of the Wheat Ridge Code of Laws, entitled “Enhanced Sales Tax Incentive Program,” is hereby amended to read: Sec. 22-73. Program established. There is hereby established within the city an enhanced sales tax incentive program. Sec. 22-74. Purpose. The purpose of the enhanced sales tax incentive program created by this division is to encourage the establishment and/or substantial expansion of retail sales tax generating businesses within the city, thereby stimulating the economy of and within the city, thereby providing employment for residents of the city and others, thereby further expanding the goods available for purchase and consumption by residents of the city, and further increasing the sales taxes collected by the city, which increased sales tax collections will enable the city to provide expanded and improved municipal services to and for the benefit of the residents of the city, while at the same time providing public or public-related improvements at no cost, or at deferred cost, to the city and its taxpayers and residents. Sec. 22-75. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Enhanced sales tax shall mean the amount of sales tax collected by the city over and above a base amount negotiated by, and agreed upon by, the applicant and the city, and which amount is approved by the city council, which base amount shall never be lower than the amount of sales taxes collected by the city at the property in question in the previous twelve (12) months plus a reasonable and agreed upon percentage of anticipated increase in sales taxes, or, in the case of a newly established business, an amount which represents the good faith determination by the 8 applicant and the city as to the amount of sales taxes which could be generated from the new business without the participation by applicant in the ESTIP created under this division. ESTIP means the enhanced sales tax incentive program created under this division. Owner or proprietor shall mean the record owner or operator of an individual business, or, in the case of a shopping center, the owner of the real property upon which more than one (1) business is operated, provided that the owner (whether an individual, corporation, partnership or other entity) is the owner or lessor of the individual businesses operated thereon. Sec. 22-76. Participation. Participation in ESTIP shall be based upon approval by the city council exercising its legislative discretion. Any owner or proprietor of a newly established or proposed retail sales tax generating business or location, or the owner or proprietor of an existing retail sales tax generating business or location which wishes to expand substantially, may apply to the city for inclusion within the ESTIP provided that the new or expanded business is reasonably likely, in the Council’s judgment, to generate enhanced sales taxes of at least Ten Thousand Dollars ($10,000) in the first 12 months following the approval of the agreement. Sec. 22-77. Approval of agreement; use of funds generally. Approval by the city council of an agreement implementing this ESTIP shall entitle the successful applicant to share in enhanced sales taxes derived from applicant's property or business in an amount which shall not in any event exceed the enhanced sales taxes; provided, however, the applicant may use such amounts only for public and/or public-related purposes such as those specified herein and which are expressly approved by the city council at the time of consideration of the application. The time period in which the enhanced sales taxes may be shared shall not commence until all public or public-related improvements are completed, and shall be limited by the city council, in its discretion, to a specified time, or until a specified amount is reached. Sec. 22-78. ELIGIBLE Uses. The uses to which the shared enhanced sales taxes may be put by an applicant shall be strictly limited to those which are public or public- 9 related in nature. For the purposes of this division, public or public-related purposes shall mean public improvements, including but not limited to streets, sidewalks, curbs, gutters, pedestrian malls, street lights, drainage facilities, landscaping, decorative structures, facades, statuaries, fountains, identification signs, traffic safety devices, bicycle paths, off- street parking facilities, benches, restrooms, information booths, public meeting facilities, and all necessary, incidental, and appurtenant structures and improvements, together with the relocation and improvement of existing utility lines, and any other improvements of a similar nature which are specifically approved by the city council upon the city council's finding that said improvements are public or public-related improvements, and that such improvements shall enhance the competitive position of the applicant within the Denver metropolitan area marketplace. Sec. 22-79. Increments, sharing of funds. The base figure for sales taxes shall be divided into twelve (12) monthly increments, which increments are subject to agreement between the parties, and approval by the city council, and which increments shall be reasonably related to the average monthly performance of the business or property in question, or similar businesses in the area (i.e. adjust for seasonal variations). If in any month the agreed upon figure is not met by the applicant so as to create enhanced sales tax for that month, no funds shall be shared with THE applicant for that month, and no increment shall be shared until that deficit, and any other cumulative deficit, has been met, so that at the end of any twelve-month cycle, no funds have been shared in excess of the agreed enhanced sales taxes. Sec. 22-80. Revenues restricted. It is an overriding consideration and determination of the city council that existing sources of city sales tax revenues shall not be used, impaired, or otherwise affected by this ESTIP. Therefore, it is hereby conclusively determined that only enhanced sales taxes generated by the properties described in an application shall be subject to division under this ESTIP. It shall be the affirmative duty of the Sales Tax Division to collect and hold all such enhanced sales taxes in a separate account apart from the sales taxes generated by and collected from the other sales tax generating uses and businesses within the city and to provide an accounting system which accomplishes the overriding purpose of this section. The city council finds and declares that this division would not be adopted or implemented but for the provisions of this section. 10 Sec. 22-81. Criteria for approval of agreement. Approval of an ESTIP agreement shall be given by the city council, at a public hearing, held as a portion of a regularly scheduled city council meeting. Notice of which has been published in a newspaper of general circulation at least seven (7) days prior the hearing. The Council’s determination of the amount of sales tax to be shared shall be based upon the identified need or value the business offers to the community in terms of sales tax generation, investment in the community, or increased employment based upon the following criteria: (1) The amount of enhanced sales taxes which are reasonably to be anticipated to be derived by the city through the expanded or new retail sales tax generating business; (2) The public benefits which are provided by the applicant through public works, public improvements, additional employment for city residents, etc.; (3) The amount of expenditures which may be deferred by the city based upon public improvements to be completed by the applicant; (4) The conformance of the applicant's property or project with the comprehensive plan and zoning ordinances of the city; (5) The agreement required by section 22-82 having been reached. Sec. 22-832. Agreement required. A) Each agreement submitted to the city shall be subject to approval by the council solely on its own merits. The approved agreement shall be executed by the owner and the city, and shall, at a minimum, contain: (1) A list of those public or public-related improvements which justify applicant's approval, and the amount which shall be spent on such improvements; (2) The maximum amount of enhanced sales taxes to be shared, and the maximum time during which the agreement shall continue, it being expressly understood that any such agreement shall expire and be of no further force and effect upon the occurrence of the earlier to be reached of the maximum time of the agreement (whether or not the maximum amount to be shared has been reached) or the maximum amount to be shared (whether or not the maximum time set forth has expired); (3) A statement that the agreement is a personal agreement which is not transferable and which does not run with the land; 11 (4) That the agreement shall never constitute a debt or obligation of the city within any constitutional or statutory provision; (5) The base amount which is agreed upon by month, and the fact that if, in any month as specified, sales taxes received from the property do not at least equal such amount, that there shall be no sharing of funds for such month; (6) The base amount shall be agreed upon which shall consider the historic level of sales at the property in question, or a similar property within the area in the event of a new business, and a reasonable allowance for increased sales due to the improvements and upgrades completed as a result of inclusion within this program; (7) A provision that any enhanced sales taxes subject to sharing shall be escrowed in the event there is a legal challenge to this enhanced sales tax incentive program or the approval of any application therefor; (8) An affirmative statement that the obligations, benefits, and/or provisions of this agreement may not be assigned in whole or in any part without the expressed authorization of the city council, and further that no third party shall be entitled to rely upon or enforce any provision hereof; (9) Any other provisions agreed upon by the parties and approved by the city council. B) Approval shall be by motion adopted by the majority of the entire City Council. Sec. 22-843. No joint venture; liability. The city council has enacted this ESTIP as a joint benefit to the public at large and to private owners for the purposes of providing the city with increased sales tax revenues generated upon and by properties improved as a result of this program; public improvements being completed by private owners through no debt obligation being incurred on the part of the city, and allowing applicants an opportunity to improve properties which generate sales activities, which improvements make those properties more competitive in the marketplace and further provide to the applicant additional contingent sources of revenues for upgrading such properties. Notwithstanding any provision hereof, by adopting this program and approving agreements under the same, the city shall never be a joint venture in any private entity or activity which participates in this ESTIP and the city shall never be liable or responsible for any debt or obligation of any participant in ESTIP. 12 EXHIBIT B Legal Description of the Property 13 EXHIBIT C Qualifying Public Improvement Costs 14 ITEM NO: DATE: May 11, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 10-2020 – 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 (05/11/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/08/2020) RESOLUTIONS 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. Staff is recommending the public hearing be set for June 8 in a virtual meeting format; it is reasonable to assume that there will still be limitations on the size of in person gatherings at that time. PRIOR ACTION: Planning Commission heard the request at a public hearing on February 20, 2020, and recommended approval. The Planning Division staff report and meeting minutes from the Planning Commission meeting will be included with the ordinance for second reading. This ordinance replaces prior Council Bill 05-2020 which was postponed indefinitely subsequent to first reading on April 27, 2020. 5 Council Action Form – CCC ODP Height Amendment May 11, 2020 Page 2 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 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. Council Action Form – CCC ODP Height Amendment May 11, 2020 Page 3 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 will be provided in the Planning Division Staff Report at second reading. 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. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant and all interested parties have their due process rights to a hearing, the City Attorney advises Council to approve rezoning ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited. The Planning Division Staff Report and Planning Commission meeting minutes will be included in the City Council packet for the public hearing. RECOMMENDED MOTION: “I move to approve Council Bill No. 10-2020, 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 first reading for the sole purpose of ordering it published for a public hearing set for Monday, June 8, 2020 at 7 p.m. as a virtual meeting, and, if adopted, that it take effect 15 days after final publication.” Council Action Form – CCC ODP Height Amendment May 11, 2020 Page 4 Or, “I move to postpone indefinitely Council Bill No. 10-2020, 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) _______________.” REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 10-2020 ATTACHMENT 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER _________ COUNCIL BILL NO. 10 ORDINANCE NO. _________ 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 __ to __ on this 11th day of May 2020, ordered it published with Public Hearing and consideration on final passage set for Monday, June 8, 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: May 14, 2020 2nd publication: June 11, 2020 Wheat Ridge Transcript: Effective Date: June 26, 2020 ITEM NO: DATE: May 11, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 11-2020 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 9800 W. 38TH AVENUE FROM RESIDENTIAL-ONE (R-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH AN OUTLINE DEVELOPMENT PLAN (ODP) (CASE NO. WZ-19-07 / HARDI) PUBLIC HEARING ORDINANCES FOR 1ST READING (05/11/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/08/2020) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ____________________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Residential-One (R-1) to Planned Residential Development (PRD) with an Outline Development Plan for property located at 9800 W. 38 th Avenue (southeast corner of W. 38th Avenue and Johnson Street). The purpose of thisrequest is to prepare the property for the development of four (4) single-family homes and three(3) duplexes, for a total of ten (10) dwelling units. Staff is recommending the public hearing beset for June 8 in a virtual meeting format; it is reasonable to assume that there will still belimitations on the size of in person gatherings at that time. A zone change protest has already been received and validated. Based on the timing of the receipt of the protest, it does not impact the scheduling of the hearing; however, it does change the voting rules whereby a super majority vote of Council will be required to approve the ordinance on second reading. 6 Council Action Form – Rezoning Property at 9800 W. 38th Avenue from R-1 to PRD May 11, 2020 Page 2 PRIOR ACTION: Planning Commission heard the request at a public hearing on February 6, 2020 and recommended approval. The staff report and meeting minutes from the Planning Commission meeting will be included with the ordinance for second reading. This ordinance replaces prior Council Bill 06-2020 which is on the May 11, 2020 agenda to be postponed indefinitely subsequent to first reading. FINANCIAL IMPACT: Fees in the amount of $1,186 were collected for the review and processing of Case No. WZ-19-07. If the development advances, next steps would include a Specific Development Plan, subdivision, and building permits; review fees, use tax, and parkland dedication fees would be paid as part of those processes. BACKGROUND: The subject property is located on the south side of W. 38th Avenue between Johnson Street and Iris Court and is currently vacant. It is 1.28 acres in size. Surrounding Land Uses Surrounding properties include a variety of land uses and zoning. Immediately to the west across Johnson Street is a vacant parcel zoned Planned Commercial Development (PCD), owned by the City of Wheat Ridge. Beyond that is a parcel zoned Commercial-One (C-1), which currently contains Appleridge Café. To the southwest of the site is Discovery Park. On the west side of Kipling Street is the recently developed Kipling Ridge shopping center with Sprouts and Starbucks as major tenants. To the east is the Meadow Haven Subdivision, zoned Residential-Two A (R-2A), consisting of mostly duplexes and a single-family home. To the south are properties zoned Residential-One (R-1), containing single-family homes on large lots. To the north, across W. 38th Avenue, are properties zoned Residential-Two (R-2), containing a mix of duplexes and single-family homes. Current and Proposed Zoning The property is currently zoned Residential-One (R-1) which permits low-density residential development with lot sizes at a minimum of 12,500 square feet and 100 feet wide. The applicant is requesting the property be rezoned to Planned Residential Development to facilitate the development of four (4) single-family homes and three (3) duplexes, for a total of ten (10) units. Because the site is over one (1) acre, City Code does not allow the property to be rezoned to a “straight zone district” such as R-2A or R-3 which could potentially accommodate the proposed type of development. Section 26-301.B.2 requires any application for a zone change for residential properties over one (1) acre in size to be to a planned development (PRD). The Outline Development Plan (ODP) limits the building types to single-family homes or duplexes and establishes setbacks, height allowances, parking requirements, architectural requirements, the character of development, and landscaping percentages. The proposed building heights are lower than currently allowed under the R-1 zoning and have larger perimeter setbacks Council Action Form – Rezoning Property at 9800 W. 38th Avenue from R-1 to PRD May 11, 2020 Page 3 on the east and south sides of the development which borders existing residential uses. The proposed buildings would be accessed from a shared alleyway that connects to W. 38th Avenue and Johnson Street. Duplexes would be located along W. 38th Avenue and the single-family homes would be located along the alleyway on the south half of the site. The proposed development serves as a transition between a similar residential density to the east, W. 38th Avenue, and the R-1 neighborhood to the south. A complete analysis of the zone change criteria and the ODP will be included with the ordinance for second reading in the Planning Division staff report. Related Applications Rezoning to a planned development in the City of Wheat Ridge entails approval of two documents. The first is the Outline Development Plan, which, if approved, changes the zoning designation on the land, establishes allowed uses and development standards for the property, and establishes access configurations for vehicles, pedestrians, and bicycles. The second document is the Specific Development Plan (SDP), which focuses on specific details of a development such as site design, architecture, landscaping, and drainage design. Section 26-302 of the Municipal Code allows for concurrent or sequential applications for the ODP and SDP, and also allows for concurrent review of the SDP and plat. In this case, the applicant is requesting sequential review of the ODP and SDP. 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. 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. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant and all interested parties have their due process rights to a hearing, the City Attorney advises Council to approve rezoning ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited. The Planning Division Staff Report and Planning Commission meeting minutes will be included in the City Council packet for the public hearing. RECOMMENDED MOTION: “I move to approve Council Bill No. 11-2020 - an ordinance approving the rezoning of property located at 9800 W. 38th Avenue from Residential-One (R-1) to Planned Residential Development (PRD) with an Outline Development Plan (ODP), on first reading for the sole purpose of ordering it published for a public hearing set for Monday, June 8, 2020 at 7 p.m. as a virtual meeting, and, if adopted, that it take effect 15 days after final publication.” Council Action Form – Rezoning Property at 9800 W. 38th Avenue from R-1 to PRD May 11, 2020 Page 4 Or, I move to postpone indefinitely Council Bill No. 11-2020 an ordinance approving the rezoning of property located at 9800 W. 38th Avenue from Residential-One (R-1) to Planned Residential Development (PRD) with an Outline Development Plan (ODP) for the following reason(s) _________________________.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Planner II Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 11-2020 ATTACHMENT 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER _________ COUNCIL BILL NO. 11 ORDINANCE NO. _________ Series of 2020 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 9800 W. 38TH AVENUE FROM RESIDENTIAL-ONE (R-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH AN OUTLINE DEVELOPMENT PLAN (ODP) (CASE NO. WZ-19-07 / HARDI) 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, Ardalan and Kim Hardi submitted a land use application for approval of a zone change to the Planned Residential Development (PRD) District for property at 9800 W. 38th Avenue; and, WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan, Envision Wheat Ridge, which calls for vibrant neighborhoods, diversification of housing stock and household types, and reinvestment in underutilized properties in neighborhood areas; and, WHEREAS, the proposed development is compatible with the surrounding area, provides an appropriate transitional land use, and complies with the comprehensive plan; and, WHEREAS, the zone change criteria support the request; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on February 6, 2020 and voted to recommend approval of the rezoning of the property to Planned Residential Development (PRD), NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Ardalan and Kim Hardi for approval of a zone change ordinance from Residential-One (R-1) to Planned Residential Development (PRD) for property located at 9800 W. 38th Avenue, 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: A PARCEL OF LAND BEING A PORTION OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 27, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 27 BEING N 89°39'35” E, CITY OF WHEAT RIDGE DATUM AND MONUMENTED AS FOLLOWS: -NORTHWEST CORNER OF SECTION 27, BEING A FOUND 3.25” ALUMINUM CAP IN RANGE BOX, PLS 29757, PER MON. REC. DATED 1-14-13, CITY OF WHEAT RIDGE DATUM CONTROL POINT NO. 15409. -NORTH 1/4 CORNER OF SECTION 27, BEING A FOUND 3.25” BRASS CAP IN RANGE BOX, PLS 13212, PER MON. REC. DATED 5-5-06, CITY OF WHEAT RIDGE DATUM CONTROL POINT NO. 15509. POINT OF COMMENCEMENT AT THE NORTHWEST CORNER OF SECTION 27; THENCE N 89°39'35" E ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 27 A DISTANCE OF 662.91 FEET; THENCE S 00°11'55" E A DISTANCE OF 30.00 FEET TO THE NORTHWEST CORNER OF MEADOW HAVEN SUBDIVISION, A SUBDIVISION RECORDED AT RECEPTION NO. 86051870 AND THE POINT OF BEGINNING; THENCE S 00°11'55" E ALONG THE WESTERLY LINE OF SAID MEADOW HAVEN SUBDIVISION AND THE EXTENSION THEREOF A DISTANCE OF 247.00 FEET TO A POINT ON THE NORTHERLY LINE OF WESTHAVEN SUBDIVISION, A SUBDIVISION RECORDED AT RECEPTION NO. 51495593; THENCE ALONG SAID NORTHERLY LINE OF WESTHAVEN SUBDIVISION THE FOLLOWING FOUR (4) COURSES: 1. N 84°09'48" W A DISTANCE OF 40.12 FEET; 2. N 66°49'07" W A DISTANCE OF 66.72 FEET; 3. N 70°16'31" W A DISTANCE OF 166.12 FEET; 4. N 43°14'39" W A DISTANCE OF 28.03 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF JOHNSON STREET; THENCE N 00°12'32" W ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 138.53 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST 38TH AVENUE; THENCE N 89°39'35" E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF WEST 38TH AVENUE A DISTANCE OF 276.48 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS AN AREA OF 55,957 SQUARE FEET, OR 1.2846 ACRES MORE OR LESS. 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 __ to __ on this 11th day of May 2020, ordered it published with Public Hearing and consideration on final passage set for Monday, June 8, 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 E. Dahl, City Attorney First Publication: May 14, 2020 Second Publication: June 11, 2020 Wheat Ridge Transcript Effective Date: June 26, 2020 Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us ITEM NO: DATE: May 11, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE APPOINTMENT OF REPRESENTATIVES TO THE 2021 OUTSIDE AGENCY PROGRAM COMMITTEE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ City Manager ISSUE: The purpose of creating the 2021 Outside Agency Program Committee is to provide an additional opportunity for citizens to participate in the budget process. This committee gives citizens the opportunity to weigh community needs with available resources and provide recommendations to City Council. FINANCIAL IMPACT: None BACKGROUND: The current committee had four returning members from the 2020 Outside Agency Program Committee. In order to fill the openings in each district, the staff advertised for new committee members on the city website, social media, and Mayor’s Matters. New members will be appointed to serve on the committee in May/June 2020. The second year of their term will be in May/June 2021, to expire after recommendations are presented in 2021. Current members’ appointments will expire in 2020 after recommendations are presented to City Council. The Outside Agency Program Committee (the Committee) had four seats to fill, received three applications, and had one applicant drop out. The application period was open from Monday, 7 Council Action Form - Outside Agency Program Committee Appointments May 11, 2020 Page 2 April 13 until Friday, May 1. All qualified appointments were chosen based upon district seats needing to be filled and availability to attend the presentation dates. The applications of the new appointments are included as Attachment 1. Two members who served on the committee in 2018 and 2019, Sunny Garcia and Alejandra Major, have offered to extend their tenures one additional year in order to address the applicant shortage. They will be representing District II and III, respectively. District I: District II: 1. Jerry DiTullio (New Member) 1. Sunny Garcia (Current Member) 2. Cheryl Brungardt (Current Member) 2. Kristine Disney (Current Member) District III: District IV: 1. Alejandra Major (Current Member) 1. Genevieve Wooden (New Member) 2. Madelaine DeVan (Current Member) 2. Christopher Schilling (Current Member) Applications for organizations requesting funding allotments were due May 4, 2020. The presentations to the Committee will be Tuesday nights from 6-8:30 p.m.: May 19, May 26, June 2, and June 9. The final recommendation decision meeting will be the week of June 15. The committee or representatives will present its recommendations to Council on July 6. RECOMMENDED MOTIONS: “I move to appoint ______________________ to the 2021 Outside Agency Program Committee, District ____ , term to expire after 2022 budget recommendations are presented in 2021.” REPORT PREPARED/REVIEWED BY: Marianne Schilling, Assistant to the City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Outside Agency Program Committee Appointment Applications From:no-reply@ci.wheatridge.co.us To:Marianne Schilling Subject:Online Form Submittal: Outside Agency Program - Committee Application Date:Monday, April 27, 2020 10:51:54 AM Outside Agency Program - Committee Application Outside Agency Program Committee The Wheat Ridge City Council is seeking volunteers to participate on the Outside Agency Program Committee to review and recommend funding allocations for the Outside Agency Program. One Wheat Ridge resident will be chosen from each City Council District to serve on the Committee for a two-year budget cycle term (2020 & 2021) to expire July 2021. (Section Break) Contact Information First Name Jerry Last Name DiTullio Address1 3250 Newland St Address2 Field not completed. City Wheat Ridge State Colorado Zip 80033-6439 Email jdt01@comcast.net Phone Number 7202536785 I live in District:I (Section Break) Why do you want to serve on the OutsideAgency ProgramCommittee? I have a good understanding of the WR budget and programs. Can you foresee anyconflicts of interest you may have with the No ATTACHMENT 1 outside agencies that may apply? (i.e. working at or servingon a board or non- profit) If yes, please explain:Field not completed. To be considered for the Outside Agency Program Committee, you will need to attend the application review presentations in 2020. Are you able to attendALL of the following dates: May 12, 19, 26 and June 2. Yes (Section Break) Verification: Please check box I am requesting appointment as a member of the Outside Agency Program Committee. If appointed, I hereby commit to the best of my ability to fulfill the role for a two year term until July 2021. All qualified candidates will be contacted directly regarding next steps. Applications are due by Friday, April 17, 2020 at 5 p.m. Email not displaying correctly? View it in your browser. From:no-reply@ci.wheatridge.co.us To:Marianne Schilling Subject:Online Form Submittal: Outside Agency Program - Committee Application Date:Monday, April 27, 2020 2:07:19 PM Outside Agency Program - Committee Application Outside Agency Program Committee The Wheat Ridge City Council is seeking volunteers to participate on the Outside Agency Program Committee to review and recommend funding allocations for the Outside Agency Program. One Wheat Ridge resident will be chosen from each City Council District to serve on the Committee for a two-year budget cycle term (2020 & 2021) to expire July 2021. (Section Break) Contact Information First Name Genevieve Last Name Wooden Address1 9456 W 47th Ave Address2 Field not completed. City Wheat Ridge State CO Zip 80033 Email genwooden@gmail.com Phone Number 3032049504 I live in District:IV (Section Break) Why do you want to serve on the OutsideAgency ProgramCommittee? I previously helped with some of the organizations that apply for funds. To serve on a local city committee. To fill an open spot in District IV if an opening exists. Can you foresee anyconflicts of interest you may have with the No outside agencies that may apply? (i.e. working at or servingon a board or non- profit) If yes, please explain:Field not completed. To be considered for the Outside Agency Program Committee, you will need to attend the application review presentations in 2020. Are you able to attendALL of the following dates: May 12, 19, 26 and June 2. Yes (Section Break) Verification: Please check box I am requesting appointment as a member of the Outside Agency Program Committee. If appointed, I hereby commit to the best of my ability to fulfill the role for a two year term until July 2021. All qualified candidates will be contacted directly regarding next steps. Applications are due by Friday, April 17, 2020 at 5 p.m. Email not displaying correctly? View it in your browser. ITEM NO: __ DATE: May 11, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION 29-2020 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH JEFFERSON COUNTY FOR CARES ACT LOCAL GOVERNMENT DISTRIBUTIONS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________ City Manager ISSUE: The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27, 2020. This $2.3 trillion economic relief package provides economic assistance for American workers and families, small businesses, and preserves jobs for American industries. The CARES Act established the $150 billion Coronavirus Relief Fund to provide payments to State, Local and Tribal governments navigating the impact of the COVID-19 outbreak. Only local governments with populations that exceed 500,000 are eligible to receive direct payments from the Relief Fund. Jefferson County’s population exceeds 500,000 and the County received approximately $101 million in funding, a portion of which the County desires to share with municipalities in Jefferson County. This IGA outlines the obligations of the City of Wheat Ridge in receiving these funds. PRIOR ACTION: None 8 CAF – CARES Act Local Government Distributions IGA May 11, 2020 Page 2 FINANCIAL IMPACT: The City will receive $2,463,142 in CARES Act federal funding through Jefferson County. The first 50% of the funding will be distributed within 10 calendar days of receipt of a fully executed IGA. Prior to release of any of the remaining funds, the City must provide a Request for Additional Funding to Jefferson County that outlines a plan for how the remainder of the funding will be spent. The CARES Act requires that the funding is used to cover those costs and expenses that are eligible in compliance with the Act and: 1. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); 2. were not accounted for in the budget most recently approved as of March 27, 2020, for the Local Government; and 3. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020 (collectively, “Eligible Expenses”). These funds cannot be used to backfill lost revenues. Staff is working to fully understand the eligibility of different types of expenses under the CARES Act and we expect additional guidance from the U.S. Treasury Department in the coming days. Based on our current understanding of eligibility criteria, the City has so far incurred the following in estimated reimbursable expenses and anticipates significant additional reimbursable expenses throughout the remainder of the year: Category Estimate Business Stabilization Program $500,000 Other Business Support $4,079 Sanitation $15,216 Personnel $38,666* PPE $12,572 Technology $49,225 Other $16,217 Total $635,975 *Requires further understanding of CARES Act eligible personnel reimbursements. This includes all COVID-19 related leave through May 1, 2020. BACKGROUND: On March 5, 2020, Jefferson County Public Health confirmed a case of COVID-19 in an out-of-state visitor to Summit County who was transported to Jefferson County and on March 10, 2020, the first Jefferson County resident tested positive for COVID-19, with two additional cases reported on March 11, 2020, and public health experts anticipated that, due to the contagiousness CAF – CARES Act Local Government Distributions IGA May 11, 2020 Page 3 of the illness, over the coming weeks, Jefferson County would continue to see cases of the virus and its transmission within the community. On March 13, 2020, the Chairman of the Board of County Commissioners declared a local disaster emergency because the cost and magnitude of responding to and recovering from the impact of the pandemic is expected to exceed Jefferson County’s available resources. On March 27, 2020, the United States Congress adopted the Coronavirus Aid, Relief, and Economic Security Act, (the “CARES Act”), which established a $150 billion Coronavirus Relief Fund to make payments from the Fund to States and eligible units of local government. Jefferson County has a population in excess of 500,000 people and therefore is an eligible unit of local government under the CARES Act, and, as a result, the County requested direct payment of its share of the Fund from the US Department of the Treasury on April 17, 2020. Jefferson County recognizes that cities within the County will also have increased expenditures due to COVID-19, and would like to share Jefferson County’s allocation with them. Jefferson County will mirror the 55%/45% split utilized in the CARES Act for State/Local government distribution to share with local Jefferson County jurisdictions on a per capita basis. RECOMMENDATIONS: Staff recommends approval of the resolution approving the IGA with Jefferson County. RECOMMENDED MOTION: “I move to approve Resolution No. 29-2020, a resolution approving an intergovernmental agreement with Jefferson County for CARES Act local government distributions.” Or, “I move to table indefinitely Resolution No. 29-2020, a resolution approving an intergovernmental agreement with Jefferson County for CARES Act local government distributions for the following reason(s) ______________________________________.” REPORT PREPARED BY: Patrick Goff, City Manager ATTACHMENT 1. Resolution No. 29-2020 2. Exhibit 1 – IGA with Jefferson County 3. Jefferson County presentation 4. CARES Act FAQs CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 29 Series of 2020 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH JEFFERSON COUNTY FOR CARES ACT LOCAL GOVERNMENT DISTRIBUTIONS WHEREAS, on March 13, 2020, the Chairman of the Board of County Commissioners declared a local disaster emergency because the cost and magnitude of responding to and recovering from the impact of the COVID-19 pandemic is expected to exceed Jefferson County’s available resources; and WHEREAS, on March 20, 2020 the Wheat Ridge City Council approved Resolution 16-2020 declaring an emergency 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 caused by the COVID-19 pandemic; and WHEREAS, the conditions that spurred the local disaster emergency declaration have not abated, as the virus continues to spread within the community and the virus has created a myriad of economic distresses and unanticipated costs in American society to individuals and families, to businesses, and to state and local governments addressing the pandemic’s effects; and WHEREAS, on March 27, 2020, the United States Congress adopted the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) which established a $150 billion Coronavirus Relief Fund; and WHEREAS, Jefferson County has a population in excess of 500,000 people and therefore is an eligible unit of local government under the CARES Act and Jefferson County requested direct payment of its share of funding from the US Department of the Treasury on April 17, 2020; and WHEREAS, Jefferson County desires to disburse to the City of Wheat Ridge a portion of the CARES Act funding. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Intergovernmental Agreement CARES Act Local Government Distribution. The Council hereby approves the Intergovernmental Agreement attached hereto as Exhibit 1. Section 2. Effective Date. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 11th day of May 2020. ATTACHMENT 1 ________________________________ Bud Starker, Mayor ATTEST: _____ Steve Kirkpatrick, City Clerk 1 TM20-0894 INTERGOVERNMENTAL AGREEMENT CARES ACT LOCAL GOVERNMENT DISTRIBUTIONS THIS INTERGOVERNMENTAL AGREEMENT – CARES ACT LOCAL GOVERNMENT DISTRIBUTIONS (the “Agreement”), dated for reference purposes only this 6th day of May, 2020, is made by and between COUNTY OF JEFFERSON, STATE OF COLORADO, a body politic and corporate (the “County”) and the CITY OF WHEAT RIDGE, STATE OF COLORADO a quasi-municipal corporation and political subdivision of the State of Colorado] (the “Local Government”). The County and the Local Government shall be referred to herein, individually, as a “Party” and, collectively, as the “Parties.” RECITALS A.On March 5, 2020, Jefferson County Public Health confirmed a case of COVID- 19 in an out-of-state visitor to Summit County who was transported to Jefferson County; and B.On March 10, 2020, the first Jefferson County resident tested positive for COVID-19, with two additional cases reported on March 11, 2020, and public health experts anticipated that, due to the contagiousness of the illness, over the coming weeks, Jefferson County would continue to see cases of the virus and its transmission within the community; and C.On March 13, 2020, pursuant to C.R.S. § 24-33.5-709(1), the Chairman of the Board of County Commissioners declared a local disaster emergency because the cost and magnitude of responding to and recovering from the impact of the pandemic is expected to exceed Jefferson County’s available resources; and D.The effect of a declaration of local disaster emergency is to activate the response and recovery aspects of any and all applicable local and interjurisdictional disaster and emergency plans and to authorize the furnishing of aid and assistance under such plans, as set forth in C.R.S. § 24-33.5-709(2); and E.The Board of County Commissioners adopted Resolutions CC20-055, CC20-058 and CC20-073 extending the local disaster emergency to May 26, 2020; and F.The conditions that spurred the local disaster emergency declaration have not abated, as the virus continues to spread within the community and the virus has created a myriad of economic distresses and unanticipated costs in American society to individuals and families, to businesses, and to state and local governments addressing the pandemic’s effects; and G.On March 27, 2020, the United States Congress adopted the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136, div. A, Title V (the “CARES Act”), which established a $150 billion Coronavirus Relief Fund (the “Fund”); and H.Pursuant to the CARES Act, the United States Treasury (“Treasury”) will make payments from the Fund to States and eligible units of local government; and EXHIBIT 1 ATTACHMENT 2 2 TM20-0894 I.Jefferson County has a population in excess of 500,000 people and therefore is an eligible unit of local government under the CARES Act, and, as a result, the County may request direct payments from the US Department of the Treasury of its portion of the Fund; and J.Jefferson County elected to request direct payment of its share of the Fund from the US Department of the Treasury on April 17, 2020; and K.Pursuant to Section 18(2) of Article XIV of the Colorado Constitution and C.R.S. 29-1-203, as amended, the Local Government and the County have the authority to enter into intergovernmental agreements and authorizes governments to cooperate by contracting with one another for their mutual benefit; and L.The Local Government and the County are governmental entities, each with authority to provide resources and services to citizens contemplated under the CARES Act as a result of public health emergencies within their respective boundaries; and M.The County desires to disburse to the Local Government a portion of the CARES Act Fund pursuant and subject to the terms of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises herein contained, the Parties agree as follows: 1. The County’s Funding. The County has requested and received its share of the Fund from the US Department of Treasury pursuant to the CARES Act. The County desires to distribute to local governments within Jefferson County a portion of the Fund as more particularly set forth herein. 2.The Local Government’s Share of the Fund. The County and the Local Government hereby agree that the Local Government’s share of the Fund shall be Two Million, Four Hundred Sixty-Three Thousand, One Hundred Forty-Two Dollars ($2,463,142) (the “Local Fund Distribution Amount”). 3.Fund Distribution. Within 10 calendar days of receipt of a fully executed Agreement and wiring instructions from the Local Government or other mutually agreeable instructions for distribution of the funds, the County will disburse 50% of the Local Fund Distribution Amount to the Loc-l Government. Prior to release of any of the remaining Local Fund Distribution Amount, the Local Government shall provide a Request for Additional Funding, in a form to be determined to by the County, that outlines a plan for how the remainder of the CARES Act funding will be spent by the Local Government on Eligible Expenses (as defined below). The County has the right to deny part or all of any Request for Additional Funding if, in the County’s sole discretion, the expenditures outlined in the Request appear not to reasonably qualify for reimbursement under the CARES Act. Within 10 calendar days of the County’s 3 TM20-0894 receipt and approval of a Request for Additional Funding, the County will disburse the eligible amount requested, not to exceed the total Local Fund Distribution Amount. Local Government acknowledges and agrees that the County’s approval and disbursement of a Request for Additional Funding does not create liability on the County for the Local Government’s use of such funds. As provided in Section 5.c. below, the Local Government remains solely responsible for any repayment to the U.S. Treasury for CARES Act Funding spent by the Local Government on ineligible expenses. 4. The Local Government’s Obligation. By signing this Agreement, the Local Government hereby certifies that the Local Fund Distribution Amount will be used by the Local Government only to cover those costs and expenses that are eligible expenses in compliance with the CARES Act and: a. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); b. were not accounted for in the budget most recently approved as of March 27, 2020, for the Local Government; and c. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020 (collectively, “Eligible Expenses”). 5. Use of Funds and Reporting. a. Use of Funds. On or before December 30, 2020, the Local Government shall use the Local Fund Distribution Amount for Eligible Expenses in accordance with local, state and federal law, including all U.S. Department of Treasury guidance relating to the CARES Act. Further, as detailed in Section 5.e below, the Local Government agrees to return to the County by September 1, 2020, any amount it reasonably anticipates will be unused as of December 30, 2020, and it agrees to return to the federal government all unused amounts of the Local Fund Distribution Amount in its possession as of December 30, 2020. b. Expenditures and Accounting. The CARES Act imposes expenditure and accounting obligations upon local governments receiving CARES Act funds. The Local Government agrees to be responsible for ensuring that it spends, documents, and accounts for its portion of the CARES Act Fund received from the County in strict compliance with the CARES Act requirements. Further, if Local Government distributes CARES Act Funds to a separate entity, enterprise, agency, or any other public, private, or non-profit entity (Third-party), Local Government agrees to require the Third-party to meet all the provisions in this Agreement, and Local Government assumes liability under this Agreement for the Third-Party. Because the CARES Act is recent legislation, the Parties anticipate that additional federal legislation, rules, and regulations may be promulgated regarding the expenditure and accounting requirements. The Local Government 4 TM20-0894 agrees to familiarize itself with, and shall adhere to, all current and subsequent legislation, rules, and regulations. To assist with compliance, the Local Government shall: 1) Maintain an effective system of internal fiscal control and accountability for all CARES Act Funds and property acquired or improved with CARES Act Funds, and make sure the same are used solely for authorized purposes. 2) Keep a continuing record of all disbursements by date, check number, amount, vendor, description of items purchased and line item from which the money was expended, as reflected in the Local Government’s accounting records. 3) Maintain payroll, financial, and expense reimbursement records for a period of three (3) years after receipt of final payment under this Agreement or any time period required by the CARES Act, whichever is longer. 4) Permit inspection and audit of its records with respect to all matters authorized by this Agreement by representatives of the County or Federal Government at any time during normal business hours and as often as necessary. c. Reporting. The Parties anticipate that the Office of Inspector General (“OIG”) will audit the use of CARES Act Funds beginning in January 2021, or thereafter. In anticipation of the upcoming audit, the Local Government shall provide to the County regular reporting of its use of the Local Fund Distribution Amount, including the following minimum requirements: 1) The County will create a shared drive in which the Local Government will input certain required data and upload receipts, payroll records, or other documentation for all expenditures made using CARES Act Funds distributed by the County to the Local Government; 2) On or before the 20th of each month, beginning May 20, 2020, the Local Government will update the expense tracking form and upload all related receipts, payroll records, or other documentation in the shared drive; and 3) On or before January 30, 2021, the Local Government will review its records and ensure that the shared drive contains a complete record of all expenditures from the Local Fund Distribution Amount, including, but not limited to, date of expenditure, amount, vendor, description of expense, explanation of expense’s connection to COVID-19. If the federal government imposes additional documentation requirements on the County, the Local Government agrees to timely provide to the County all information and documentation necessary for the County’s compliance with such requirements as related to the Local Fund Distribution Amount. The Local 5 TM20-0894 Government acknowledges and agrees that the expenses submitted will only be submitted for CARES Act funding and will not be submitted for reimbursement or as expenses under any other federal government program, including but not limited to, FEMA or another aid program, regardless of its source. None of the reporting requirements herein are intended to shift the responsibility of the Local Government for ensuring that each dollar of its Local Fund Distribution Amount is spent in compliance with the CARES Act. The County assumes no responsibility for oversight or management of the Local Government’s spending and requires the above reporting to ensure the County has sufficient documentation for the OIG audit. In the event the OIG determines that the Local Government spent any amount of its Local Fund Distribution Amount on ineligible expenses, the Local Government acknowledges and agrees that it is solely responsible for any repayment of those funds to the U.S. Treasury. d. Audit. The Local Government also agrees to fully and completely cooperate with the County in any audit of the CARES Act funding provided to the Local Government pursuant to this Agreement. If the County incurs legal expenses relating to an audit of the Local Government’s expenditure of the Local Fund Distribution Amount, the Local Government agrees to pay the County’s reasonable attorneys’ fees and costs associated with such audit and/or any legal action in which the Local Government is alleged to have used the CARES Act funding for Local Government’s ineligible expense. e. Return of Unused Funds. The Parties acknowledge that the CARES Act requires Local Governments to return all Funds that have not been spent as of December 30, 2020. For purposes of this Agreement, “spent” means that a Local Government has paid for and received the goods or services and actually expended the funds. Ordering or contracting to receive goods or services is not considered “spent” for purposes of this Agreement. All goods and services purchased with CARES Act Funding must be received on or before December 30, 2020. For any grants issued by the Local Government using CARES Act Funding, the term “spent” means that the grant funding must be distributed by the Local Government to the recipient on or before December 30, 2020. To ensure that the maximum amount of CARES Act Funds are expended by this deadline for the benefit of Jefferson County residents and businesses, the Local Government agrees to work with the County to determine whether any of its Local Fund Distribution Amount will not be expended as of December 30, 2020. To ensure that the maximum amount of funds are utilized by the deadline, the Local Government agrees to return to the County the amount of its anticipated unused funds on or before September 1, 2020, so those funds may be reallocated by the County for use to fund other Eligible Expenses by December 30, 2020. Any unreturned, unused amount of the Local Government’s Local Fund Distribution in the Local Government’s possession as of December 30, 2020, must be returned to the United States Department of Treasury per the terms of the CARES Act. 6 TM20-0894 f. Non-Compliance. In the event the Local Government fails to comply with any of the requirements of the CARES Act with respect to the Local Fund Distribution Amount, the federal government may seek reimbursement of such funds. If the federal government seeks reimbursement of all or a portion of the Local Fund Distribution Amount spent by the Local Government, the Local Government shall be solely responsible for reimbursing said funds to the federal government. In addition, in the event the federal government seeks reimbursement of funds spent by the Local Government as contemplated in this Section from the County, the County has the right, but not the obligation, to reimburse those funds to the federal government on the Local Government’s behalf, and the Local Government shall reimburse the County for such expenditure within 30 calendar days of payment by the County. 6. Term. This Agreement begins on the date of full execution by the Parties to this Agreement and shall expire on June 30, 2021. The Parties, however, acknowledge all continuing performance obligations, such as identified in Section 9.g below, that may extend beyond the term of this Agreement. Local Government agrees to execute an extension of this Agreement timely and in good faith as may be necessitated. The County reserves the right to terminate this Agreement at any time if the Local Government is not in material compliance with the terms hereof. 7. Hold Harmless. The Local Government agrees that in the event the Local Government (or anyone acting on its behalf) fails to perform the terms of the Agreement or fails to use the Local Fund Distribution Amount in compliance with applicable law, the Local Government agrees to hold the County harmless for any damages suffered as a result thereof. The Local Government also agrees to pay any actions, claims, lawsuits, damages, charges or judgments whatsoever that arise out of the Local Government’s performance or nonperformance under this Agreement, including the costs and reasonable attorneys’ fees incurred by the County in the defense thereof; provided, however, the total amount owed by the Local Government to the County under this provision shall not exceed the total Local Distribution Fund Amount received under this Agreement. 8. Informational Obligations. Each Party hereto will meet its obligations as set forth in C.R.S. 29-1-205, as amended, to include information about this Agreement in a filing with the Division of Local Government; however, failure to do so shall in no way affect the validity of this Agreement or the remedies available to the Parties hereunder. 9. Miscellaneous Provisions. a. Notice. 1) “Key Notices” under this Agreement are notices regarding any default, dispute, or changes in the notice address. Key Notices shall be given in writing and shall be deemed received if given by: (i) confirmed electronic transmission (as defined in subsection (2) below) when transmitted, if transmitted on a business day and during normal business hours of the recipient, and otherwise on the next business day following transmission, (ii) 7 TM20-0894 certified mail, return receipt requested, postage prepaid, three (3) business days after being deposited in the United States mail, or (iii) overnight carrier service or personal delivery, when received. For Key Notices, the parties will follow up any electronic transmission with a hard copy of the communication by the means described in subsection a(1)(ii) or a(1)(iii) above. All other daily communications or notices between the parties that are not Key Notices may be done via electronic transmission. Notices shall be sent to the address or email below: Notice to the Local Government shall be delivered to: Wheat Ridge City Manager Patrick Goff 7500 W. 29th Avenue, 1st Floor Wheat Ridge, CO 80033 Email: pgoff@ci.wheatridge.co.us Notice to the County shall be delivered to: Jefferson County Manager 100 Jefferson County Parkway, Suite 5000 Golden, CO 80419 Email: dodavis@jeffco.us with a copy to: Jefferson County Attorney 100 Jefferson County Parkway Suite 5500 Golden, Colorado 80419 Email: CAOContracts@jeffco.us 2) The parties agree that: (i) any notice or communication transmitted by electronic transmission, as defined below, shall be treated in all manner and respects as an original written document; (ii) any such notice or communication shall be considered to have the same binding and legal effect as an original document; and (iii) at the request of either party, any such notice or communication shall be re-delivered or re-executed, as appropriate, by the party in its original form. The parties further agree that they shall not raise the transmission of a notice or communication, except for Key Notices, by electronic transmission as a defense in any proceeding or action in which the validity of such notice or communication is at issue and hereby forever waive such defense. For purposes of this Agreement, the term “electronic transmission” means any form of communication not directly involving the physical transmission of paper, that creates a record that may be retained, retrieved and reviewed by a recipient thereof, and that may be directly reproduced in paper form by such a recipient through an automated process, but specifically excluding facsimile transmissions or texts. 8 TM20-0894 b. Entire Agreement. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. Local Government agrees that if the Treasury issues additional guidance, rules or regulations, Local Government will agree to those terms and execute an Amended Agreement, if necessary. c. Recitals. The paragraphs contained in the section entitled “Recitals,” above, are a material and integral part of this Agreement. d. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado. Venue for any action arising under this Agreement or for the enforcement of this Agreement shall be in the District Court for Jefferson County, Colorado. e. Governmental Immunities. 1) The Parties hereto intend that nothing herein shall be deemed or construed as a waiver by either Party of any rights, limitations, or protections afforded to them under the Colorado Governmental Immunity Act (Section 24-10-101, C.R.S., et seq.) as now or hereafter amended or otherwise available at law or equity. 2) The Parties agree that in the event any claim or suit is brought against either or both Parties by any third party as a result of the operation of this Agreement, both Parties will cooperate with each other, and with the insuring entities of both Parties, in defending such claim or suit. f. Modifications. No modification of this Agreement shall be effective unless agreed to in writing by the Local Government and the County in an amendment to this Agreement that is properly executed and approved in accordance with applicable law. g. Continued Performance. Notwithstanding anything herein to the contrary, the Parties understand and agree that all terms and conditions of this Agreement that may require continued performance or compliance beyond the termination date of this Agreement shall survive such termination date and shall be enforceable as provided herein in the event of a failure by a party to perform or to comply under this Agreement. h. Appropriation. Notwithstanding any other term, condition, or provision herein, each and every obligation of the Parties stated in this Agreement is subject to the requirement of a prior appropriation of funds therefor by the appropriate governing body of the Local Government and/or the County. i. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Electronic or facsimile delivery of a fully executed copy of the signature pages below shall constitute an effective and binding execution of this Agreement. 9 TM20-0894 j. Severability. If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable clause or provision shall not affect the validity of the Agreement as a whole and all other clauses or provisions shall be given full force and effect. k. Successors and Assigns. Except as herein otherwise provided, this Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and permitted assigns. l. Further Assurances. Each Party hereto agrees to execute and deliver, by the proper exercise of its powers, all such other and additional instruments and documents and do all such other acts and things as may be necessary to more fully effectuate this Agreement. m. No Third Party Beneficiaries. This Agreement will not confer any rights or remedies upon any person other than the Parties and their respective successors and permitted assigns. n. Assignment. This Agreement may not be assigned by any Party without the prior written consent of the other Party. o. Authorization. The Parties hereto stipulate and represent that all procedures necessary to authorize the execution of this Agreement have been performed and that the persons signing for each Party have been authorized to do so. p. Electronic Signatures. The Parties approve the use of electronic signatures for execution of this Agreement. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, CRS §§ 24 71.3 101 to -121. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly authorized and executed. COUNTY OF JEFFERSON, STATE OF COLORADO By: ____________________________________ Lesley Dahlkemper, Chairman Board of County Commissioners Date: ______________ APPROVED AS TO FORM: _______________________________ Kimberly S. Sorrells Jefferson County Attorney 10 TM20-0894 CITY OF WHEAT RIDGE, STATE OF COLORADO By: _____________________________ Name: Bud Starker Title: Mayor Date: ____________________________ ATTEST: Steve Kirkpatrick, City Clerk APPROVED AS TO FORM: _______________________________ Gerald Dahl City Attorney Coronavirus Aid, Relief, and Economic Security (CARES) Act April 2020 1 | 11Coronavirus Aid, Relief, and Economic Security (CARES) Act, Strategy, Planning & Analysis, April 2020 ATTACHMENT 3 CARES ACT Coronavirus Aid, Relief, and Economic Security Act •$150 Billion for State and Local Government Relief •$454 Billion for Federal Lending •$367 Billion for Small Business Loans •$100 Billion for Hospital Grants •Individual stimulus payments ($1,200 per adult/$500 per child) •Increased Unemployment Benefits -$600 additional per week, increase benefit period to 13 weeks $2.2 Trillion Package Coronavirus Aid, Relief, and Economic Security (CARES) Act, Strategy, Planning & Analysis, April 2020 2 | 11 CARES Act: State & Local Government Relief Each State receives minimum of $1.25B Colorado’s portion is $2.23B Local governments over 500,000 population eligible to apply directly Jeffco submitted application and received our allocation of funding Jeffco’s Allocation –$101,708,239 Coronavirus Aid, Relief, and Economic Security (CARES) Act, Strategy, Planning & Analysis, April 2020 3 | 11 Covered Expenses The CARES Act requires that the payments from the Coronavirus Relief Fund only be used to cover expenses that— •are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19); •were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and •were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. Additional information on eligible uses of Fund disbursements by governments will be posted as it becomes available. Coronavirus Aid, Relief, and Economic Security (CARES) Act, Strategy, Planning & Analysis, April 2020 4 | 11 CARES Funding Guidance from US Treasury Expenses must be necessary due to the Public Health Emergency •Direct Response •Second-Order Effects 01 May not be used to offset lost tax revenues 02 Funds unspent as of December 30, 2020 must be returned 03 Coronavirus Aid, Relief, and Economic Security (CARES) Act, Strategy, Planning & Analysis, April 2020 5 | 11 Eligible Uses •Medical Expenses for Public Response to COVID-19 (Hospitals, Temporary Medical Facilities) •Public Health Expenses (Communication of Public Health Orders, PPE for health and safety workers, disinfection of public facilities, other public safety related to COVID-19) •Payroll Expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency •Expenses of actions to facilitate compliance with COVID-19-related public health measures (food delivery, teleworking costs, paid FMLA and sick time, sanitization and improvements for social distancing in jail, mitigation of COVID-19 in homeless populations) •Economic Support (expenditures related to grants to small businesses) Coronavirus Aid, Relief, and Economic Security (CARES) Act, Strategy, Planning & Analysis, April 2020 6 | 11 Ineligible Uses •Damages covered by insurance •Payroll expenses for those not dedicated to COVID-19 response •Expenses that are being reimbursed by any other Federal program •Reimbursement to donors for donated items or services •Workforce bonuses other than hazard pay or overtime •Severance pay •Legal settlements 7 | 11Coronavirus Aid, Relief, and Economic Security (CARES) Act, Strategy, Planning & Analysis, April 2020 CARES Funding Sharing with Municipalities We can share funding with local municipalities to assist with their response and expenses related to COVID-19. The Treasury’s guidance explicitly allows for States to share their funding but is currently silent on local government’s ability to share with other local governments. There is no requirement for Jefferson County to share any funding – this funding was designated for Jefferson County to cover its direct expenses Jefferson County recognizes that our cities will also have increased expenditures due to COVID-19, and would like to share Jefferson County’s allocation with them Jefferson County staff is recommending mirroring the 55%/45% split utilized in the CARES Act for State/Local government distribution •55% retained by Jefferson County •45% distributed based on population •Allows for county to properly serve entire county population and cities & towns to also serve theirs Coronavirus Aid, Relief, and Economic Security (CARES) Act, Strategy, Planning & Analysis, April 2020 8 | 11 CARES Act: State & Local Government Relief 45% -Allocable to Local Governments (Only over 500,000 Can Apply) 45%/55% SplitColorado Allocation State & Local Gov’t Relief Funding $150 Billion $2.23 Billion 45% Local Government = $1 Billion Jeffco =10% of Population $101.7M Other Large Counties (Adams, Arapahoe, Denver, El Paso) = 45% $449M Remaining $450 M reverts back to the State (45%) 55% Automatic State Portion = $1.23 Billion Total to State = $1.68 Billion Coronavirus Aid, Relief, and Economic Security (CARES) Act, Strategy, Planning & Analysis, April 2020 9 | 11 Recommendation County passes 45% per capita to cities • •Repeats the same distribution method applied when passed down to counties. •Colorado Per Capita $387.76 •JeffCo Per Capita $174.49 •City Per Capita $78.52 Coronavirus Aid, Relief, and Economic Security (CARES) Act, Strategy, Planning & Analysis, April 2020 10 | 11 Questions Coronavirus Aid, Relief, and Economic Security (CARES) Act, Strategy, Planning & Analysis, April 2020 11 | 11 1 Coronavirus Relief Fund Frequently Asked Questions Updated as of May 4, 2020 The following answers to frequently asked questions supplement Treasury’s Coronavirus Relief Fund (“Fund”) Guidance for State, Territorial, Local, and Tribal Governments, dated April 22, 2020, (“Guidance”).1 Amounts paid from the Fund are subject to the restrictions outlined in the Guidance and set forth in section 601(d) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). Eligible Expenditures Are governments required to submit proposed expenditures to Treasury for approval? No. Governments are responsible for making determinations as to what expenditures are necessary due to the public health emergency with respect to COVID-19 and do not need to submit any proposed expenditures to Treasury. The Guidance says that funding can be used to meet payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. How does a government determine whether payroll expenses for a given employee satisfy the “substantially dedicated” condition? The Fund is designed to provide ready funding to address unforeseen financial needs and risks created by the COVID-19 public health emergency. For this reason, and as a matter of administrative convenience in light of the emergency nature of this program, a State, territorial, local, or Tribal government may presume that payroll costs for public health and public safety employees are payments for services substantially dedicated to mitigating or responding to the COVID-19 public health emergency, unless the chief executive (or equivalent) of the relevant government determines that specific circumstances indicate otherwise. The Guidance says that a cost was not accounted for in the most recently approved budget if the cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. What would qualify as a “substantially different use” for purposes of the Fund eligibility? Costs incurred for a “substantially different use” include, but are not necessarily limited to, costs of personnel and services that were budgeted for in the most recently approved budget but which, due entirely to the COVID-19 public health emergency, have been diverted to substantially different functions. This would include, for example, the costs of redeploying corrections facility staff to enable compliance with COVID-19 public health precautions through work such as enhanced sanitation or enforcing social distancing measures; the costs of redeploying police to support management and enforcement of stay-at-home orders; or the costs of diverting educational support staff or faculty to develop online learning capabilities, such as through providing information technology support that is not part of the staff or faculty’s ordinary responsibilities. Note that a public function does not become a “substantially different use” merely because it is provided from a different location or through a different manner. For example, although developing online 1 The Guidance is available at https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-Territorial-Local-and-Tribal-Governments.pdf. ATTACHMENT 4 2 instruction capabilities may be a substantially different use of funds, online instruction itself is not a substantially different use of public funds than classroom instruction. May a State receiving a payment transfer funds to a local government? Yes, provided that the transfer qualifies as a necessary expenditure incurred due to the public health emergency and meets the other criteria of section 601(d) of the Social Security Act. Such funds would be subject to recoupment by the Treasury Department if they have not been used in a manner consistent with section 601(d) of the Social Security Act. May a unit of local government receiving a Fund payment transfer funds to another unit of government? Yes. For example, a county may transfer funds to a city, town, or school district within the county and a county or city may transfer funds to its State, provided that the transfer qualifies as a necessary expenditure incurred due to the public health emergency and meets the other criteria of section 601(d) of the Social Security Act outlined in the Guidance. For example, a transfer from a county to a constituent city would not be permissible if the funds were intended to be used simply to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify as an eligible expenditure. Is a Fund payment recipient required to transfer funds to a smaller, constituent unit of government within its borders? No. For example, a county recipient is not required to transfer funds to smaller cities within the county’s borders. Are recipients required to use other federal funds or seek reimbursement under other federal programs before using Fund payments to satisfy eligible expenses? No. Recipients may use Fund payments for any expenses eligible under section 601(d) of the Social Security Act outlined in the Guidance. Fund payments are not required to be used as the source of funding of last resort. However, as noted below, recipients may not use payments from the Fund to cover expenditures for which they will receive reimbursement. Are there prohibitions on combining a transaction supported with Fund payments with other CARES Act funding or COVID-19 relief Federal funding? Recipients will need to consider the applicable restrictions and limitations of such other sources of funding. In addition, expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by States to State unemployment funds, are not eligible uses of Fund payments. Are States permitted to use Fund payments to support state unemployment insurance funds generally? To the extent that the costs incurred by a state unemployment insurance fund are incurred due to the COVID-19 public health emergency, a State may use Fund payments to make payments to its respective state unemployment insurance fund, separate and apart from such State’s obligation to the unemployment insurance fund as an employer. This will permit States to use Fund payments to prevent expenses related to the public health emergency from causing their state unemployment insurance funds to become insolvent. 3 Are recipients permitted to use Fund payments to pay for unemployment insurance costs incurred by the recipient as an employer? Yes, Fund payments may be used for unemployment insurance costs incurred by the recipient as an employer (for example, as a reimbursing employer) related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise. The Guidance states that the Fund may support a “broad range of uses” including payroll expenses for several classes of employees whose services are “substantially dedicated to mitigating or responding to the COVID-19 public health emergency.” What are some examples of types of covered employees? The Guidance provides examples of broad classes of employees whose payroll expenses would be eligible expenses under the Fund. These classes of employees include public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. Payroll and benefit costs associated with public employees who could have been furloughed or otherwise laid off but who were instead repurposed to perform previously unbudgeted functions substantially dedicated to mitigating or responding to the COVID-19 public health emergency are also covered. Other eligible expenditures include payroll and benefit costs of educational support staff or faculty responsible for developing online learning capabilities necessary to continue educational instruction in response to COVID-19-related school closures. Please see the Guidance for a discussion of what is meant by an expense that was not accounted for in the budget most recently approved as of March 27, 2020. In some cases, first responders and critical health care workers that contract COVID-19 are eligible for workers’ compensation coverage. Is the cost of this expanded workers compensation coverage eligible? Increased workers compensation cost to the government due to the COVID-19 public health emergency incurred during the period beginning March 1, 2020, and ending December 30, 2020, is an eligible expense. If a recipient would have decommissioned equipment or not renewed a lease on particular office space or equipment but decides to continue to use the equipment or to renew the lease in order to respond to the public health emergency, are the costs associated with continuing to operate the equipment or the ongoing lease payments eligible expenses? Yes. To the extent the expenses were previously unbudgeted and are otherwise consistent with section 601(d) of the Social Security Act outlined in the Guidance, such expenses would be eligible. May recipients provide stipends to employees for eligible expenses (for example, a stipend to employees to improve telework capabilities) rather than require employees to incur the eligible cost and submit for reimbursement? Expenditures paid for with payments from the Fund must be limited to those that are necessary due to the public health emergency. As such, unless the government were to determine that providing assistance in the form of a stipend is an administrative necessity, the government should provide such assistance on a reimbursement basis to ensure as much as possible that funds are used to cover only eligible expenses. 4 May Fund payments be used for COVID-19 public health emergency recovery planning? Yes. Expenses associated with conducting a recovery planning project or operating a recovery coordination office would be eligible, if the expenses otherwise meet the criteria set forth in section 601(d) of the Social Security Act outlined in the Guidance. Are expenses associated with contact tracing eligible? Yes, expenses associated with contract tracing are eligible. To what extent may a government use Fund payments to support the operations of private hospitals? Governments may use Fund payments to support public or private hospitals to the extent that the costs are necessary expenditures incurred due to the COVID-19 public health emergency, but the form such assistance would take may differ. In particular, financial assistance to private hospitals could take the form of a grant or a short-term loan. May payments from the Fund be used to assist individuals with enrolling in a government benefit program for those who have been laid off due to COVID-19 and thereby lost health insurance? Yes. To the extent that the relevant government official determines that these expenses are necessary and they meet the other requirements set forth in section 601(d) of the Social Security Act outlined in the Guidance, these expenses are eligible. May recipients use Fund payments to facilitate livestock depopulation incurred by producers due to supply chain disruptions? Yes, to the extent these efforts are deemed necessary for public health reasons or as a form of economic support as a result of the COVID-19 health emergency. Would providing a consumer grant program to prevent eviction and assist in preventing homelessness be considered an eligible expense? Yes, assuming that the recipient considers the grants to be a necessary expense incurred due to the COVID-19 public health emergency and the grants meet the other requirements for the use of Fund payments under section 601(d) of the Social Security Act outlined in the Guidance. As a general matter, providing assistance to recipients to enable them to meet property tax requirements would not be an eligible use of funds, but exceptions may be made in the case of assistance designed to prevent foreclosures. May recipients create a “payroll support program” for public employees? Use of payments from the Fund to cover payroll or benefits expenses of public employees are limited to those employees whose work duties are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. May recipients use Fund payments to cover employment and training programs for employees that have been furloughed due to the public health emergency? Yes, this would be an eligible expense if the government determined that the costs of such employment and training programs would be necessary due to the public health emergency. 5 May recipients use Fund payments to provide emergency financial assistance to individuals and families directly impacted by a loss of income due to the COVID-19 public health emergency? Yes, if a government determines such assistance to be a necessary expenditure. Such assistance could include, for example, a program to assist individuals with payment of overdue rent or mortgage payments to avoid eviction or foreclosure or unforeseen financial costs for funerals and other emergency individual needs. Such assistance should be structured in a manner to ensure as much as possible, within the realm of what is administratively feasible, that such assistance is necessary. The Guidance provides that eligible expenditures may include expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. What is meant by a “small business,” and is the Guidance intended to refer only to expenditures to cover administrative expenses of such a grant program? Governments have discretion to determine what payments are necessary. A program that is aimed at assisting small businesses with the costs of business interruption caused by required closures should be tailored to assist those businesses in need of such assistance. The amount of a grant to a small business to reimburse the costs of business interruption caused by required closures would also be an eligible expenditure under section 601(d) of the Social Security Act, as outlined in the Guidance. The Guidance provides that expenses associated with the provision of economic support in connection with the public health emergency, such as expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures, would constitute eligible expenditures of Fund payments. Would such expenditures be eligible in the absence of a stay-at-home order? Fund payments may be used for economic support in the absence of a stay-at-home order if such expenditures are determined by the government to be necessary. This may include, for example, a grant program to benefit small businesses that close voluntarily to promote social distancing measures or that are affected by decreased customer demand as a result of the COVID-19 public health emergency. May Fund payments be used to assist impacted property owners with the payment of their property taxes? Fund payments may not be used for government revenue replacement, including the provision of assistance to meet tax obligations. May Fund payments be used to replace foregone utility fees? If not, can Fund payments be used as a direct subsidy payment to all utility account holders? Fund payments may not be used for government revenue replacement, including the replacement of unpaid utility fees. Fund payments may be used for subsidy payments to electricity account holders to the extent that the subsidy payments are deemed by the recipient to be necessary expenditures incurred due to the COVID-19 public health emergency and meet the other criteria of section 601(d) of the Social Security Act outlined in the Guidance. For example, if determined to be a necessary expenditure, a government could provide grants to individuals facing economic hardship to allow them to pay their utility fees and thereby continue to receive essential services. Could Fund payments be used for capital improvement projects that broadly provide potential economic development in a community? 6 In general, no. If capital improvement projects are not necessary expenditures incurred due to the COVID-19 public health emergency, then Fund payments may not be used for such projects. However, Fund payments may be used for the expenses of, for example, establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity or improve mitigation measures, including related construction costs. The Guidance includes workforce bonuses as an example of ineligible expenses but provides that hazard pay would be eligible if otherwise determined to be a necessary expense. Is there a specific definition of “hazard pay”? Hazard pay means additional pay for performing hazardous duty or work involving physical hardship, in each case that is related to COVID-19. The Guidance provides that ineligible expenditures include “[p]ayroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency.” Is this intended to relate only to public employees? Yes. This particular nonexclusive example of an ineligible expenditure relates to public employees. A recipient would not be permitted to pay for payroll or benefit expenses of private employees and any financial assistance (such as grants or short-term loans) to private employers are not subject to the restriction that the private employers’ employees must be substantially dedicated to mitigating or responding to the COVID-19 public health emergency. May counties pre-pay with CARES Act funds for expenses such as a one or two-year facility lease, such as to house staff hired in response to COVID-19? A government should not make prepayments on contracts using payments from the Fund to the extent that doing so would not be consistent with its ordinary course policies and procedures. Questions Related to Administration of Fund Payments Do governments have to return unspent funds to Treasury? Yes. Section 601(f)(2) of the Social Security Act, as added by section 5001(a) of the CARES Act, provides for recoupment by the Department of the Treasury of amounts received from the Fund that have not been used in a manner consistent with section 601(d) of the Social Security Act. If a government has not used funds it has received to cover costs that were incurred by December 30, 2020, as required by the statute, those funds must be returned to the Department of the Treasury. What records must be kept by governments receiving payment? A government should keep records sufficient to demonstrate that the amount of Fund payments to the government has been used in accordance with section 601(d) of the Social Security Act May recipients deposit Fund payments into interest bearing accounts? Yes, provided that if recipients separately invest amounts received from the Fund, they must use the interest earned or other proceeds of these investments only to cover expenditures incurred in accordance with section 601(d) of the Social Security Act and the Guidance on eligible expenses. If a government deposits Fund payments in a government’s general account, it may use those funds to meet immediate cash management needs provided that the full amount of the payment is used to cover necessary 7 expenditures. Fund payments are not subject to the Cash Management Improvement Act of 1990, as amended. May governments retain assets purchased with payments from the Fund? Yes, if the purchase of the asset was consistent with the limitations on the eligible use of funds provided by section 601(d) of the Social Security Act. What rules apply to the proceeds of disposition or sale of assets acquired using payments from the Fund? If such assets are disposed of prior to December 30, 2020, the proceeds would be subject to the restrictions on the eligible use of payments from the Fund provided by section 601(d) of the Social Security Act. ITEM NO: __ DATE: May 11, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION 28-2020 - 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 FUNDING PHASE TWO OF THE BUSINESS STABILIZATION PROGRAM PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________ City Manager ISSUE: The impact of COVID-19 on American businesses has increased dramatically over the last two months as state and local governments order mandatory shut-downs and ‘shelter in place’ orders, further complicating operations for businesses already impacted by COVID-19. The City has recently distributed $250,000 in grants to ninety-nine Wheat Ridge businesses through the Business Stabilization Program. The City will receive federal funding from the CARES Act, through Jefferson County, which is authorized to be used for business recovery grant programs. This federal funding will enable the City to provide an additional $250,000 for phase two of the Business Stabilization Program. PRIOR ACTION: At the March 20, 2020 Special City Council meeting, City Council provided direction to staff “to come up with an amount of money that they are able to provide as a financial package to support small businesses directly impacted by public health order 20-22 while taking into consideration 9 Council Action Form – Business Stabilization Program – Phase 2 May 11, 2020 Page 2 the City’s forecast discussed by the City Manager and the shortfall the City will also be experiencing.” City Council approved funding in the amount of $250,000 on March 30, 2020 for phase one of a business recovery grant program. Those funds have been distributed to ninety-nine local Wheat Ridge businesses through the Business Stabilization Program. FINANCIAL IMPACT: The City will receive $2,463,142 in CARES Act federal funding through Jefferson County. The funds can only be used for eligible expenses in compliance with the CARES Act and: 1. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); 2. were not accounted for in the budget most recently approved as of March 27, 2020, for the Local Government; and 3. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020 (collectively, “Eligible Expenses”). Recent guidance from the U.S. Department of the Treasury provides that “eligible expenditures may include expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures.” BACKGROUND: COVID-19 is a respiratory illness caused by a novel coronavirus, and like other respiratory illnesses, is transmitted through person-to-person contact or by contact with surfaces contaminated with the virus. Persons infected with COVID-19 may become symptomatic anywhere from two to fourteen days after exposure. Symptoms include fever, cough or shortness of breath or difficulty breathing. Individuals with serious chronic health conditions and older adults are most at risk for becoming very ill with this disease. As of May 7, 2020, there were 17,830 positive cases of COVID-19 in Colorado and 1,507 in Jefferson County. The Centers for Disease Control and Prevention (CDC) in the United States Department of Health and Human Services (HHS) has recommended community mitigation strategies such as social distancing measures in order to protect the public’s health. One area of concern for possible transmission of disease is when large numbers of people gather. The CDC has issued guidance concerning the factors to consider when determining whether to hold an event or gathering, and the White House has recommended limiting mass gatherings to no more than (10) persons. The CDC defines a mass gathering as “a planned or spontaneous event with a large number of people in attendance that could strain the planning and response resources of the community hosting the event, such as a concert, festival, conference, or sporting event.” Council Action Form – Business Stabilization Program – Phase 2 May 11, 2020 Page 3 RECOMMENDATIONS: Staff recommends that City Council approve a budget supplemental appropriation in the amount of $250,000 to fund a phase two Business Stabilization Program. In addition, staff recommends reconvening the original grant committee to evaluate grant applications and disburse the phase two funding to Wheat Ridge businesses. RECOMMENDED MOTION: “I move to approve Resolution No. 28-2020, 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 funding phase two of the Business Stabilization Program.” Or, “I move to table indefinitely Resolution No. 28-2020, 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 funding phase two of the Business Stabilization Program for the following reason(s)______________________________________________________.” REPORT PREPARED BY: Patrick Goff, City Manager ATTACHMENT 1. Resolution No. 28-2020 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 28 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 FUNDING PHASE TWO OF THE BUSINESS STABILIZATION 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 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 01-610-700-777 and the 2020 revenues are amended accordingly. DONE AND RESOLVED this 11th day of May, 2020. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1