HomeMy WebLinkAboutVirtual City Council Meeting Agenda 03-22-21AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO March 22, 2021
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 participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on March 22, 2021 )
2. Virtually attend and participate in the meeting through a device or phone:
• Click here to join and provide public comment
• Or call +1-669-900-6833 with Access Code: 936 5611 4628 and
Passcode: 838883
3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view
4. Individuals who, due to technology limitations, are unable to participate in the
meeting virtually (via the Zoom platform) or by calling in on the telephone may contact Danitza Sosa, Assistant to the Mayor and City Council, at 303-235-2977 by noon on the day of the meeting. Arrangements will be made for those individuals to access City Hall during the meeting to view the meeting and provide public comment
if desired. These comments will be heard and seen in real time by members of
Council and City staff. Individuals accessing City Hall must practice social distancing, wear a mask or other facial covering and be free of COVID-19 symptoms.
Individuals with disabilities are encouraged to participate in all public meetings sponsored
by the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or
wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in
participating in a meeting and need inclusion assistance.
CALL TO ORDER PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
PROCLAMATIONS AND CEREMONIES APPROVAL OF MINUTES
City Council minutes of March 8, 2021; Special Study Session Notes of March 8, 2021 APPROVAL OF AGENDA
CITY COUNCIL AGENDA: March 22, 2021 Page -2-
CITIZENS’ RIGHT TO SPEAK a. Citizens may speak on any matter not on the Agenda for a maximum of 3 minutes under Citizens Right to Speak. Please speak up to be heard when directed by the Mayor.
b. Citizens who wish to speak on a Public Hearing item or Decision, Resolution or Motion 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. 1. CONSENT AGENDA
a. Motion approve the purchase and payment of single axle equipment upfit to auto truck group of Colorado Springs, Colorado at a total cost not to exceed $98,238
b. Motion to award the 2021 Concrete Rehabilitation and ADA Improvements Project Base Bid and Bid Alternates 1, 2 & 3 to Majestic Concrete Contractors, Inc. of Wheat Ridge, Colorado and approve subsequent payments in the amount of $271,010, with a contingency amount of $27,101 for a total not to exceed $298,111
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Resolution No. 14-2021 - a resolution approving the assignment to the Jefferson County Housing Authority D/B/A Foothills Regional Housing of $1,733,069 of the City of Wheat Ridge, Colorado’s 2021 Private Activity Bond Volume Cap Allocation from the State Ceiling for Private Activity Bonds; and authorizing the execution and
delivery of an Assignment and other documents in connection therewith ORDINANCES ON FIRST READING
3. Council Bill No. 04-2021 - an ordinance of the City Council of the City of Wheat
Ridge, Colorado, amending Chapter 11, Licenses, Permits and Miscellaneous
Business Regulations, with the addition of new Article XV regulating tobacco product retail licenses and conforming changes in connection therewith DECISIONS, RESOLUTIONS AND MOTIONS
CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS ADJOURNMENT
City Council Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
March 8, 2021
Note: This meeting was held virtually, using Zoom video-teleconferencing technology. As
duly announced and publicly noticed, Council previously approved this format in order to
continue with normal business and respond to the CoVid-19 Pandemic and the related
public emergency orders promulgated by the President of the United States, the Governor
of Colorado, and the Wheat Ridge City Council. Before calling the meeting to order,
Mayor Starker stated the rules and procedures necessitated by this meeting format.
Mayor Starker called the Regular City Council Meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ROLL CALL OF MEMBERS
Janeece Hoppe Judy Hutchinson Zachary Urban Rachel Hultin
Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck
Also present: City Clerk, Steve Kirkpatrick; City Attorney, Gerald Dahl; City Manager,
Patrick Goff; City Treasurer, Chris Miller; Administrative Services Director, Allison
Scheck; Police Chief Chris Murtha; Director of Parks and Recreation, Karen O’Donnell;
other staff, guests and interested citizens.
PROCLAMATIONS AND CEREMONIES
Women’s History Month and International Women’s Day
Mayor Starker read a proclamation that recounted the history of these celebrations, and
of the Suffrage Movement and the right to vote for women, as well as the significant
contributions of women to science, the arts, and government.
Councilmember Hoppe accepted the proclamation on behalf of the women
Councilmembers, the uniformed women of the WR Police Department and women
everywhere. She acknowledged the significance of this proclamation honoring women
everywhere and thanked the Mayor.
APPROVAL OF MINUTES
Without objection or correction, the City Council Minutes of February 22, 2021 and City
Council Study Session Notes of March 1, 2021 were approved as published.
APPROVAL OF AGENDA
Without objection or correction, the agenda stood as announced.
City Council Minutes March 8, 2021 page 2
CITIZENS’ RIGHT TO SPEAK
No one came forward to speak tonight.
Note about Wheat Ridge Speaks:
Citizens may visit the Wheat Ridge Speaks website and enter written comments
of up to 1,000 words on any Council agenda item. The deadline for citizens to
submit comments is 12:00 Noon Mountain Time on the day of a Council session
so that Council members, other elected officials and City Staff have time to
review the comments before the meeting on Monday evening.
The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into
these minutes, placing each comment along with the record for that agenda item,
including items that address a public hearing (verbatim, if the comments do not
contain lascivious language or unlawful hate speech).
No comments appeared in Wheat Ridge Speaks related to this Council session.
1. CONSENT AGENDA
Discussion began at approximately 7: PM
Councilmember Weaver introduced the consent agenda.
a. Motion to approve the purchase and payment of 2021 vehicle replacements and the purchase and payment for installation of lighting, and auxiliary equipment in a total amount not to exceed $479,235
b. Motion to amend to the Bayou Ditch contract to approve additional costs exceeding contract and contingency in the amount of $13,250.59, and approve a revised contingency of $11,749.41 c. Resolution No. 13-2021 - a resolution amending the fiscal year 2021 General
Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $62,000 for the purchase and payment of a Police department vehicle. Motion by Councilmember Weaver to approve Consent Agenda Items a.), b.), and c.)
Seconded by Councilmember Stites, motion carried 8-0.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
None
ORDINANCES ON FIRST READING
None
City Council Minutes March 8, 2021 page 3
DECISIONS, RESOLUTIONS AND MOTIONS
Discussion began at approximately 7: PM
2. Resolution No. 12-2021 - A Resolution approving a waiver of the Liquor
Occupation Tax for calendar year 2021 for certain eligible businesses within
the City
Discussion began at approximately 7:10 PM
Councilmember Dozeman introduced the Resolution.
Issue
To help local businesses weather the economic impacts of the COVID-19 pandemic,
City Council requested that the City Clerk’s Office develop a program to waive and/or
refund revenues due the City through Liquor Occupation Tax (LOT).
Staff Presentation
City Clerk Kirkpatrick summarized the two previous study sessions where this item was
spoken about and was available for questions from council.
Public Comment
No one came forward to speak.
Council Questions
Councilmembers had no comments or questions, having thoroughly reviewed and
discussed the proposed action in two previous Study Sessions.
Motion by Councilmember Dozeman to approve Resolution No. 12-2021, a resolution
approving a waiver of the Liquor Occupation Tax for calendar year 2021 for certain
eligible businesses within the City, seconded by Councilmember Urban, motion carried
8-0.
Councilmember Hoppe reported that the application required for businesses to receive
this waiver will soon be on the City website. The deadline for applications is April 30,
2021.
CITY MANAGER’S MATTERS
Mr. Goff reported that Jefferson County, which recently moved to Blue on the CoVid
Dial, is in jeopardy of regressing to Yellow because our numbers are creeping upward
again.
CITY ATTORNEY’S MATTERS
Nothing tonight.
ELECTED OFFICIALS’ MATTERS
City Council Minutes March 8, 2021 page 4
Councilmember Dozeman wished all of her fellow women leaders a meaningful
International Women’s Day. She also commented on her recent NLC educational event
related to CoVid 19.
She also announced that the Carnation Festival will be held this August! Due to the
pandemic, the Festival will operate with understandably limited activities.
Councilmember Hultin will host a District II meeting on March 24 on Zoom to discuss the
Wadsworth development project. A link to the meeting will appear on the City website
soon.
Councilmember Hutchinson congratulated all who worked on the Mayor’s Matters
newsletter; she found it the “most informative newsletter,” she has ever read.
She also reminded us that we spring forward to Daylight Savings Time this Sunday.
Mayor Starker remined people of Coffee with the Mayor this Saturday at 9 AM in the
familiar virtual format.
He noted the progress we have made against the virus, but we must continue to be
vigilant and get our vaccines when it is our turn. He also expressed his happiness that
the Carnation Festival will be held this year.
ADJOURNMENT to SPECIAL STUDY SESSION
This meeting adjourned at 7:04 pm.
_____________________________ Steve Kirkpatrick, City Clerk
APPROVED BY CITY COUNCIL ON March 22, 2021
______________________________
Janeece Hoppe, Mayor Pro Tem
The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members.
Recordings and DVD’s of the meetings are available for listening or viewing by contacting the City Clerk’s Office, as well as copies of Ordinances and Resolutions.
SPECIAL STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue
March 8, 2021
Upon adjournment of the Regular City Council Meeting, the Mayor called this Special
Study Session to order at 7:23 p.m.
This meeting was conducted as a VIRTUAL MEETING.
No members of the Council were physically present at the Municipal building for this
meeting; the public did not attend in person.
Mayor Starker welcomed the Council, other elected officials, staff and interested
citizens.
The Mayor also explained the virtual meeting format, how citizens will have the
opportunity to be heard, and the procedures and policies to be followed.
Council members present: Amanda Weaver, Judy Hutchinson, Zach Urban, Janeece
Hoppe, Rachel Hultin, Korey Stites, Valerie Nosler Beck, and Leah Dozeman.
Also present: City Attorney Gerald Dahl; City Clerk, Steve Kirkpatrick; City Treasurer
Chris Miller, City Manager Patrick Goff; Director of Administration Allison Scheck,
guests and interested citizens.
Citizen Comment on Agenda Items –
No one came forward to speak.
Note about Wheat Ridge Speaks:
Citizens may visit the Wheat Ridge Speaks website and enter written comments
of up to 1,000 words on any Council agenda item. The deadline for citizens to
submit comments is 12:00 Noon Mountain Time on the day of a Council session
so that Council members, other elected officials and City Staff have time to
review the comments before the meeting on Monday evening.
The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into
these minutes, placing each comment along with the record for that agenda item,
including items that include a public hearing (verbatim, if the comments do not
contain lascivious language or unlawful hate speech).
There were no citizen comments entered into Wheat Ridge Speaks related to this
session.
1. Plan for returning to in-person Council meetings
Mr. Goff gave a review of the plans nearby municipalities have made to return to in
person Council members.
Allison Scheck, Administrative Services Director, gave a brief overview of the virtual
meeting resolution Council passed one year ago. She explained that members of City
Council now would like to discuss the possibility of returning to Council Chambers at
City Hall for meetings.
There are a number of factors to consider including current public health orders,
accessibility to the public, timing, integration of technology and the health and safety of
elected officials, staff and members of the public.
She identified three main options for consideration. Other options might also be worth
considering and can be evaluated based on Council’s direction. A recent upgrade to
the audio and camera equipment in Chambers has increased potential for these
options.
Option 1 – Continue Virtual Meetings
• Virtual meetings continue via Zoom
• Members of the public may participate virtually or may RSVP to attend in-person Option 2 – Hybrid Format
• Four members of Council attend in-person and are spaced at every other position on the dais to maintain social distancing
• Remaining members of Council attend via Zoom
• The City Clerk may choose to attend in-person and sit in the usual position
• Staff may attend in person or virtually
• Members of the public may RSVP to attend in-person or participate virtually Option 3 – Elected Officials and Staff In-Person
• Utilize an expanded version of the typical Study Session setup, meaning that additional tables are placed to create a large closed rectangle where members of City Council and key staff are distanced appropriately
• City Clerk may sit in the usual position
• The wall partition is pulled back to expand the space into Courts, allowing space for the public to attend in-person
• Meetings are still available via Zoom to elected officials and staff who may feel unwell or are more comfortable participating virtually
• Members of the public may RSVP to attend in-person or participate virtually
The capacity of Council Chambers and the City Court room altogether is 250 persons. However, the need to maintain social distancing requires that we limit onsite attendance to 50 people, including Councilmembers, other elected officials, staff and citizens. All those present will be required to wear masks, maintain 6 feet of distance from others (except those who reside in the same household) and participate in symptom check
protocols.
Councilmembers had questions and comments:
Councilmembers thanked the staff for their thoughtful presentation.
Councilmembers and constituents want Council to meet in person in Chambers at the
earliest possible time, but not until all are comfortable doing so.
Has anyone suggested that we need to change the schedule/start times for meetings to
allow time for screening? The staff opined that added time should not be necessary.
Further discussion of logistical details ensued.
Before we move forward with any plan, we need to be sure that it is safe and
comfortable for everyone to attend. Anyone who is not comfortable meeting in
Chambers should feel free to participate accordingly virtually.
Some Councilmembers are not comfortable meeting in person until they have been
vaccinated. Getting the vaccine should be an individual choice and so should when and
how each person will attend or participate virtually. Until vaccines are available for all,
we need to be cautious and respectful of individual choices.
Most Councilmembers also believe that we should all be together, whether in person or
on Zoom, to ensure a level playing field. Option 2 in the staff presentation (hybrid of in
person and virtual attendance by Councilmembers) was generally not preferred.
Perhaps we should agree on some trigger moment, such as the County has been on
Green level of the CoVid Dial for a specified period, or that a specified percentage of
adults in the County have been vaccinated, before we consider convening in person
meetings.
Treasurer Miller asked whether it is time to review and increase the level of security
established for Council members. Mr. Goff asked for Council’s views on increasing
security, including whether to use a magnetometer for all persons entering Council
Chambers for a meeting.
If we hold live meetings in Chambers, we need to account for the difficulty hearing
speakers and recording the proceedings while speakers wear masks.
However, while the current state of the pandemic is trending in the right direction, any
number of factors, such as spring break events or virus variants could upend our plans.
Option 3 was the most popular, with continuation of the current virtual meeting format,
(Option 1 in the staff presentation) until it seems very safe, perhaps a month after the
County moves to Level Green for an uninterrupted period of at least a month.
There should be a specific plan for announcing a schedule to return to Council
Chambers well in advance of the first in person Council session, so that everyone
knows when the transition will occur.
Once we do return to in-person meetings in Chambers perhaps the City should continue
offering the public ways to participate virtually.
How shall we establish the ground rules for a Councilmember to choose to attend
virtually? Will that member be marked present? The proposed consensus does not
address this issue, but we can review and adjust Council Rules to reflect the current
realities.
Councilmember Hoppe proposed a consensus to continue with Option 1 until it is safe
to go with Option 3. Before we implement a plan to return to in-person meetings, we will
require that the County CoVid level has been at Green for at least a month and that all
elected City officials and staff who attend Council sessions have had the opportunity for
vaccination. When we establish a date to begin meeting in person again, we will issue
clear information using multiple channels to ensure the public is well informed.
Consensus achieved.
Councilmembers thanked the staff for their extraordinary job over the past year, as we
reinvented government and continued to serve the citizens of the City while we did all of
that adapting, improvising and overcoming obstacles.
2. Staff Report(s)
Nothing further at this time.
3. Elected Officials’ Report(s)
Nothing further, as this session immediately followed a Regular Council Meeting.
ADJOURNMENT
The Special Study Session adjourned at 8:14 pm.
APPROVED BY CITY COUNCIL ON March 22, 2021.
_________________________________
Steve Kirkpatrick, City Clerk
_________________________________
Janeece Hoppe, Mayor Pro Tem
ITEM NO: 1a
DATE: March 22, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE THE PURCHASE AND PAYMENT
OF SINGLE AXLE EQUIPMENT UPFIT TO AUTO TRUCK GROUP OF COLORADO SPRINGS, COLORADO AT A TOTAL COST NOT TO EXCEED $98,238 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Public Works Director City Manager ISSUE: The Public Works Department is proposing purchase of various snow and ice control equipment,
dump body, lighting, hydraulics and options to be installed on the new single axle cab and
chassis, approved by the City Council on March 8th. The total expense of the various equipment, lighting, hydraulics and options is not to exceed $98,238. PRIOR ACTION:
Purchase of a new plow truck cab and chassis was approved by the City Council on March
8, 2021. FINANCIAL IMPACT: The funds for the purchase of this vehicle are budgeted in the 2021 Public Works Department
General Fund budget, account number 01-303-800-807, Fleet Replacement. The total approved
budgeted amount for this account is $621,289. BACKGROUND: The vendor source and purchase price of equipment is through the Colorado Department of
Transportation (CDOT) purchasing office, which allows the City to attain the equipment at the
best price and in accordance with bid/purchasing requirements. By CDOT agreement #311001729, the appropriate equipment, lighting, hydraulics and options to upfit the new
Council Action Form – Tandem Equipment Upfit March 22, 2021
Page 2
International single axle cab and chassis can be provided by Auto Truck Group, an authorized dealer located in Colorado Springs, Colorado. The existing, obsolete equipment will be taken to
auction.
RECOMMENDATIONS: Staff recommends the purchase of the necessary equipment, lighting and hydraulics to properly upfit the new International single axle cab and chassis.
RECOMMENDED MOTION: “I move to approve the purchase and payment of single axle equipment upfit to Auto Truck Group of Colorado Springs, Colorado at a total cost not to exceed $98,238”
Or,
“I move to deny the approval of the purchase and payment of single axle equipment upfit to Auto Truck Group of Colorado Springs, Colorado at a total cost not to exceed $98,238 for the following reason(s): ______________________________”
REPORT PREPARED/REVIEWED BY: Greg Knudson, Director of Public Works Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager
ATTACHMENTS: 1. Auto Truck Group Quote #131005 2. Colorado Department of Transportation Price Agreement #311001729
ATTACHMENT 1
1
NOTICE OF AWARD COLORADO DEPARTMENT OF TRANSPORTATION
AGREEMENT NUMBER 311001729
(THIS IS NOT A PURCHASE ORDER, SEE NOTE BELOW)
Re: Invitation For Bid # IFB 19-150 MM
Class 8 Allied
Period Covered: 03/7/19 thru 2/28/22 TWO possible renewal option remaining
VENDOR NO.1106277
Order & Remit 5101811
VENDOR NAME: Auto Truck Group LLC
ADDRESS: 11951 E. 33rd Ave
Aurora, CO 80010
CONTACT: Joe Burbach PHONE: 303-365-8828
FAX NO: 303-365-8814
DELIVERY: 180 DaysEmail jburbach@autotruck.com
INVOICE TO: Invoice address on Purchase Order for Colorado State Agencies, Institutions and political subdivisions
MATERIAL GROUP NUMBER: 06530
Truck Bodies and Attachments.
This award is for, Class 7 and 8 Allied Equipment, per the terms, conditions, and specifications of CDOT bid IFB 19-150 MM and this agreement.
Item Make and Model Unit Price – 2021
10’ Dump Henderson, MKE10, $15,387.00
15’ Dump Henderson, MKE15, $22,517.00
14’ V-box Combo Unit Henderson, WSH-14, Combo $35,633.00
Liquid Anti-Icing System Henderson, LAS $19,140.00
12’ Grand Jct Plow Henderson, GJ $12,577.00
12’ Colorado Plow Henderson, CO $12,577.00
Patrol Wing Henderson, PWNG $7,522.00
Hydraulic Control Syst. Henderson, Certified/Cirus Hydraulics $52,093.00
Total of all Lines $177,476.00
See attached pages for pricing on allowed optional items. Requests for alternate or additional options for CDOT units require pre-approval of CDOT Equipment manager.
Conditions of Award: Award is made to above referenced vendor for supplying the commodity/service specified above
and on any attached supplementary pages per bid specifications to be ordered on an “as needed” basis, with TWO (2) one-
year renewal periods, at CDOT option. This award is in year 3 of 5 possible years total. Prices shall be firm through the first 12 months of award. Requests for any proposed price changes after the first 12 months must be submitted along with supporting documentation, to CDOT Purchasing, a minimum of sixty (60) days prior to the proposed effective date of such change. A new award notice will be issued for each additional renewal year that CDOT selects.
EITHER PARTY MAY CANCEL ON 30 DAYS WRITTEN NOTICE.
ATTACHMENT 2
2
In accordance with 24-110-201 CRS, this procurement is established as a cooperative purchasing agreement. The prices and rates listed herein may be used by the issuing entity, other state agencies, institutions of higher education, political subdivisions and eligible non-profit agencies. Each entity will be responsible for costs incurred by their entity and may use a commercial card or issue a purchase order or contract as appropriate, and each entity is required to receive all appropriate waivers or approvals before making a purchase pursuant to this cooperative purchasing agreement NOTE: THIS AWARD IS A NOTICE OF INTENT TO PURCHASE ONLY. VARIOUS CDOT PERSONNEL AS NEEDED WILL ORDER MATERIALS. MATERIAL ORDERED BY CDOT THAT COST $5000.00 OR MORE PER
ITEM, OR AGGREGATE, MUST BE ORDERED VIA PURCHASE ORDER. OTHER COLORADO STATE AGENCIES, INSTITUTIONS OR POLITICAL SUBDIVISIONS MAY ORDER MATERIALS BASED ON THIS AWARD. AGENCIES OTHER THAN CDOT ORDERING MATERIAL BASED ON THIS AWARD MUST ORDER
VIA THEIR OWN PURCHASE ORDER SYSTEM. CDOT WILL ONLY BE RESPONSIBLE FOR MATERIAL ORDERED AND RECEIVED BY IT. NO QUANTITIES ARE GUARANTEED AS A RESULT OF THIS AWARD. QUANTITIES ORDERED WILL BE BASED UPON ACTUAL REQUIREMENTS.
Please direct inquiries on this award to CDOT Purchasing,
Phone: 303 757 9618 Email: Jeremy.roth@state.co.us
Approved By:
Jeremy Roth
Jeremy Roth, Purchasing Agent
6.10
Options – Lighting $$$
1. Whelen Arrowhead Type Traffic Advisor - Model TA166AL5 - (installed). $6,493
2. Whelen TANF85 Traffic Advisor. $5,202
3. LED Arrow Board, 4’x8’, 25-light, and mounting kit – (installed). $6,225
4. LED Arrow Board, 4’x8’, 25-light, with mounting kit. $4,935
5. Intellicom 1020A-4 Variable Message Board - (installed). $20,467
6. Intellicom 1020A-4 Variable Message Board with mounting kit. $18,277
7. Intellicom 1030F-4 full-matrix, Variable Message Board and mounting kit - (installed). $24,327
8. Intellicom 1030F-4 full-matrix Variable Message Board, with mounting kit. $23,175
9. Intellicom 1230F-4 full-matrix, Variable Message Board and mounting kit - (installed). $29,232
10. Intellicom 1230F-4 full-matrix Variable Message Board, with mounting kit. $27,618
11. Whelen Light bar - Model F4WFreedom FW8 Series 50”, amber Fully Populated. $4,739
12. Whelen Light bar – model F4WFreedom FW2 Series 55”. Fully Populated $4,739
13. Deduct Trailer Wiring. (-$123)
14. Deduct electric brake controller (-$275)
15. Deduct cab shield warning light bar. (-$2,832)
16. Deduct warning lights behind the cab (-$341)
17. Deduct work lights. (-$279)
18.
19.
20.
7.8
3
Hydraulic Options $
1. Power down for 10’ dump bed hoist. Note: shall be pressure regulated to a maximum of 500 psi. $630
2. Extra (spare) filters, priced separately. $28
3. Additional Operator’s manual. CD preferred. N/C
4. Additional Parts manual. CD preferred. N/C
5. Additional Service Manual. CD preferred. N/C
6. Option for 3-year parts warranty on hydraulics and controls. $2,025
7. Road Watch or equal road and air sensors for data collection and transmission through the AVL system. Vendor to price separately, installed and not-installed. Prefer wireless if available.
$2,656 No Install $4,241 Installed
8. Deduct for no AVL installation/activation (Table 5) N/A
9. For the PTO to be transmission or engine flywheel driven constant mesh ILO front engine crankshaft driven. The pump shall be mounted integral to the PTO housing. In any circumstance where remote mounting of pump is required, the mounting configuration shall be pre-approved by CDOT. All drivelines shall use only standard automotive type driveline components minimum 1310 series Spicer or equal. Chelsea 897 series PTO is example of acceptable unit
$4,475
10. Deduct power float capability (Table 3) (-$286)
11. ADD PUP hydraulic control valve and lines $2,567 12. Add controls for single function wing $12,574
13. Add controls for dual function wing $13,799
14. Add controls for benching wing $13,912 15. Add controls and hydraulic lines for Tow Plow $14,575
16. When the PUP hydraulic control valve is added, the hoist control shall control the pup valve with an on-on switch. When the controls are switched from hoist to pup the air tailgate shall also switch from the truck to the pup. $526
17. Additional GPS module $1,931
18. Additional GPS puck $322
19. Auto shut off in lieu of manual ball valve: A single normally open, two position, two way, poppet style solenoid valve capable of stopping oil flow to the hydraulic system
when actuated, shall be installed at the discharge port of the pump. The valve assembly must also incorporate a high pressure relief valve to protect the system from over pressurizing during system shut down. This solenoid valve shall be wired to a
float type level sensor that is mounted through the top of the reservoir. The system shall be designed so that when the float contacts close, the solenoid valve stops the flow of oil to the system. At the same time, a signal will be sent to an indicator light on the control panel that alerts the operator of system shutdown. The control panel
will also incorporate a momentary override switch wired to de-energize the shutdown system to facilitate diagnostics and equipment storage
$605
20. Reservoir tank shall be frame mounted and have an easily accessible fill location with the bed down. The reservoir - oil fill, temp/sight gauge and external filter located drive side. $526
4
8.1
Dump Body Options $$$
1. High Lift Tailgate with Air operated Cylinders. Cylinders to be protected from weather and debris with heavy steel guards designed to shed material. $5,574
2. Delete tarp system. (-$1,711)
3. 304 stainless body in lieu of 201 stainless $1,477
4. Deduct one ladder. (-$188)
5. Deduct removable asphalt apron from 10’ dump body. (-$287)
6. Additional parts manual (CD-ROM preferred). N/C
7. Additional service manual (CD-ROM preferred). N/C
8. Additional operator manual. N/C
9. Shop drawing for CDOT modifications to body. N/C
10. Shop drawings rear Pintle Hitch and plate. N/C
11. Shop drawing – Chipper Hitch N/C
12. Paint stainless steel in lieu of natural finish $3,624
13. Carbon steel construction ILO stainless steel 15’ dump body painted one color (-$1,882)
14. Carbon steel construction ILO stainless steel 10’ dump body painted one color (-$1,542)
15.
16.
17.
18.
9.2
Options – V-Box Sander/Combo Unit $$$
1. 10-foot V-Box – meets specification above. $35,599
2. 11-foot V-Box – meets specification above. $36,077
3. 12-foot V-Box – meets specification above. $36,577
4. 13-foot V-Box – meets specification above. $36,820
5. 304 stainless in lieu of 201 stainless $1,174
6. Frame mount with tensional spring mount to allow for flex between sander and truck frame. Frame mounted unit shall include catwalks the length of the body, on both sides, acting as fenders, with 8” to 12” clearance above tires with truck loaded, rear bumper system with drop pin tow hitch, 20,000-pound tow rings on back and both sides of
bumper frame, 2” x 2”x 1/4” angle on top of V box, rear and both sides.
$2,937
7. Deduct Liquid System. (-$5,505)
8. Deduct self-storage system. (-$7,346)
9. Storage stands with sub-frame for adding to existing V-box $7,346
10. Sloping front to accommodate large dog house. (-$137)
11. Cover for conveyor chute. $416
12. Rubber spill shields. $737
13. Additional parts manual (CD-ROM preferred). N/C
14. Additional service manual (CD-ROM preferred). N/C
15. Additional operator manual. N/C
16. Shop drawing for CDOT modifications to body. N/C
17. Paint – per general specifications. $1,340 18. Powder coat – per general specifications. $4,726
5
10.1
Options - Liquid Anti-icing System $$$
1. 950 gallons liquid De-icing unit $18,875
2. Additional parts manual (CD-ROM preferred). N/C
3. Additional service manual (CD-ROM preferred). N/C
4. Additional operator manual. N/C
5. Shop drawing for CDOT modifications to unit. N/C
15
Plow Options $$$
1. Moldboard –Trip Edge. Shall utilize a minimum of Five (5) horizontally mounted torsion springs consisting of minimum 14 coils made from a minimum of ¾” square wire with an OD of 3 ¾”. Springs shall each be secured in place horizontally and
shall butt to the lower moldboard reinforcement along with the cutting edge reinforcement. The spring shaft shall be a solid steel rod. Spring adjustments shall be provided adjust the tension of springs for varying plowing conditions. Trip edge backing assembly shall be one continuous piece. Moldboard shall be mounted on the
reversing frame in such a manner so as to allow maximum blade wear without damage to bottom horizontal moldboard brace, blade attachment member and other components.
$2,767
2. Shall be shipped with three (3) 4’ carbide cutting edges. $1,098
3. Expressway plow with husting hitch $12,685
4. Expressway plow with flat plate quick hitch with parallel lift $18,736
5. Husting Hitch $1,549
6. Additional service manual (CD-ROM preferred). N/C
7. Additional operator manual. N/C
8. Shop drawing for CDOT modifications. N/C
9.
10.
16.1
Options – Benching Wing $$$
1. Right side, front mount Heavy Duty Benching wing, with hydraulic slide. (to allow engine hood to open) $17,177
2. Left side mid mount benching wing. $15,481
3. Left side front mount benching wing with hydraulic slide $17,177
4. Right front mount benching wing without slide $16,997
5. External cab mounted green laser pointer light to assist the operator when the wing is in operation. $6,850
6. Quick couplers mounted in the cheek plate with bulkhead fittings. $830
7. Additional parts manual (CD-ROM preferred). N/C
8. Additional service manual (CD-ROM preferred). N/C
9. Additional operator manual. N/C
10. Shop drawing for CDOT modifications. N/C
6
17.1
Options – Patrol Wing $$$
1. Whelen wing plow tip lighting system (WPLOWZ3A) $3,662
2. External cab mounted green laser pointer light to assist the operator when the wing is in operation. $6,850
3. Right side, front mount patrol wing with hydraulic slide. $8,035
4. Left side mid mount patrol wing. $8,550
5. Mid Mount post less wing support system $7,509
6. Right front mount benching wing without slide $16,997
7. Left side front mount patrol wing with hydraulic slide. $8,035
8. Four way valve for wing slide with double acting cylinder will use the toe circuit. $1,983
9. Cross tube for front mount 5” x 7” x ½” thick wall tubing. $53
10. Spring loaded Trip Edge. $1,915
11. Deduct for single push arm (-$287)
12. Single in lieu of double acting cylinder. $3,073
13. 10- Foot Patrol Wing. $1,803
14. Additional parts manual (CD-ROM preferred). N/C
15. Additional service manual (CD-ROM preferred). N/C
16. Additional operator manual. N/C
17. Shop drawing for CDOT modifications. N/C
ITEM NO: 1b
DATE: March 22, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD THE 2021 CONCRETE
REHABILITATION AND ADA IMPROVEMENTS PROJECT BASE BID AND BID ALTERNATES 1, 2 AND 3 TO MAJESTIC CONCRETE CONTRACTORS, INC. OF WHEAT RIDGE, COLORADO AND APPROVE SUBSEQUENT PAYMENTS IN THE AMOUNT OF $271,010, WITH A CONTINGENCY AMOUNT OF $27,101 FOR A TOTAL NOT TO EXCEED AMOUNT OF $298,111
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_____________________________ Public Works Director City Manager
ISSUE: The City performs concrete rehabilitation on an annual basis, and addresses the Americans with Disabilities Act (ADA) requirements as guided by the City’s ADA Transition Plan. The 2021 Concrete Rehabilitation and ADA improvements project consists of ramp, curb, gutter and
sidewalk replacement on streets scheduled for asphalt overlay and ADA improvements,
prioritized by the ADA Transition Plan.
Bids were opened on February 23, 2021 and ten (10) were received. Four (4) responsive bidders came in higher than the Engineer’s Estimate. Staff recommends the lowest responsive bidder, Majestic Concrete Contractors, Inc. of Wheat Ridge, Colorado be awarded the contract for the
Base Bid amount of $181,545 and Bid Alternates 1, 2 and 3 in the amount of $89,465 for a total
bid amount of $271,010, plus a contingency of $27,101.
Council Action – Award Concrete Rehab and ADA Improvements March 22, 2021
Page 2
PRIOR ACTION: None
FINANCIAL IMPACT:
Funding for these programs has been approved in the following 2021 Capital Improvement Program budget line items:
Program Account Number ADA Improvements 30-303-800-861
Preventive Maintenance Projects 30-303-800-884
BACKGROUND: Formal bids for the 2021 Concrete Rehabilitation and ADA Improvements Project were opened on February 23 at a public bid opening. All ten bids received met the initial bid requirements.
The combined base bid and bid alternates 1, 2 and 3 from majestic Concrete Contractors, Inc. of
Wheat Ridge, Colorado represents the low bid and is less than the Engineer’s Estimate. Award is based on the lowest responsive and responsible bid. The company’s references and experience were evaluated by Public Works staff as a basis for recommendation.
The 2021 Concrete Rehabilitation and ADA Improvements Project is comprised of the
following:
• Base Bid – Concrete ramps, curb, gutter and sidewalk replacement.
• Alternate 1 – High priority ADA ramp and sidewalk removals and replacements.
• Alternate 2 – Replacement of damaged and degraded concrete at pre-determined
locations throughout the City.
• Alternate 3 – Placement of a concrete sidewalk connection at Happiness Gardens (43rd & Ammons Street) to Yarrow Gardens Subdivision.
Base Bid Ranges: $271,010.00 to $418,156.08 Engineer’s Estimate: $369,338.50
The 2021 solicitation and award include the option to renew for two additional one-year periods
subject to the Contractor providing satisfactory performance during the previous contract period. In November each year the City shall give written notification to the Contractor of Notice of Intent to Renew, if the City intends to exercise its option to renew. The City may consider an adjustment to the pricing structure if the Contractor can demonstrate, through documentation
issued by material suppliers, that it was subject to a price adjustment (reduction or increase). The
City, at its discretion, can elect to accept or reject the requested price adjustment, or may negotiate a price adjustment with the Contractor, in the best interest of the City. Pricing and
Council Action – Award Concrete Rehab and ADA Improvements March 22, 2021
Page 3
specification changes, if any, shall be negotiated and agreed upon by both parties. The City reserves the right to terminate the contract with the Contractor based on performance, lack of
funding, or such price adjustments. RECOMMENDATIONS: Based upon the contractor’s low bid and demonstrated capabilities and performance on referenced projects, and available budget, Staff recommends that a contract be awarded to Majestic Concrete
Contractors, Inc. The City reserves the option to extend the term of the contract for up to 2
additional 1-year periods in 2022 and 2023. RECOMMENDED MOTION: “I move to award the 2021 Concrete Rehabilitation and ADA Improvements Project Base Bid
and Bid Alternates 1, 2 and 3 to Majestic Concrete Contractors, Inc. of Wheat Ridge, Colorado
and approve subsequent payments in the amount of $271,010, with a contingency amount of $27,101 for a total not to exceed amount of $298,111.” Or,
“I move to deny award of the 2021 Concrete Rehabilitation and ADA Improvements Project Base Bid and Bid Alternates 1, 2 and 3 to Majestic Concrete Contractors, Inc. of Wheat Ridge, Colorado and approve subsequent payments in the amount of $271,010, with a contingency amount of $27,101 for a total not to exceed amount of $298,111 for the following reason(s)
_______________.” REPORT PREPARED/REVIEWED BY: Greg Knudson, Director of Public Works Jennifer Nellis, Purchasing Agent
Patrick Goff, City Manager ATTACHMENTS: 1. Bid Tab Sheet 2. Project Scope of Work List
2021 CONCRETE REHAB-ADA IMPROVEMENTS PROJECT # S-PM-03 ITB-21-01 Bid Tabulation
210 Ajust Utility Box 1 EA 500.00$ 500.00$ 350.00$ 350.00$ 360.00$ 360.00$ 700.00$ 700.00$ 2,100.00$ 2,100.00$ 1,000.00$ 1,000.00$ 558.00$ 558.00$ 354.00$ 354.00$ 1,000.00$ 1,000.00$ 850.00$ 850.00$ 651.50$ 651.50$ 403A HMA Patching CIP 4” SP-100 PG (64-22) SX 50 SY 79.00$ 3,950.00$ 35.00$ 1,750.00$ 728.40$ 36,420.00$ 70.00$ 3,500.00$ 51.00$ 2,550.00$ 34.00$ 1,700.00$ 65.00$ 3,250.00$ 45.00$ 2,250.00$ 100.00$ 5,000.00$ 48.00$ 2,400.00$ 57.50$ 2,875.00$ 403B HMA Patching CIP 6” SP-100 PG (64-22) S 50 SY 85.00$ 4,250.00$ 45.00$ 2,250.00$ 741.60$ 37,080.00$ 70.00$ 3,500.00$ 69.00$ 3,450.00$ 48.00$ 2,400.00$ 97.50$ 4,875.00$ 70.00$ 3,500.00$ 150.00$ 7,500.00$ 60.00$ 3,000.00$ 67.50$ 3,375.00$ 412 Concrete Pavement (10") (Remove and Replace 155 SY 150.00$ 23,250.00$ 80.00$ 12,400.00$ 124.74$ 19,334.70$ 120.00$ 18,600.00$ 93.00$ 14,415.00$ 135.00$ 20,925.00$ 195.00$ 30,225.00$ 112.50$ 17,437.50$ 270.00$ 41,850.00$ 129.00$ 19,995.00$ 132.50$ 20,537.50$ 608A CDOT Curb Ramp Type Paralell Directional 1 EA 2,000.00$ 2,000.00$ 3,000.00$ 3,000.00$ 3,600.00$ 3,600.00$ 2,600.00$ 2,600.00$ 1,800.00$ 1,800.00$ 4,000.00$ 4,000.00$ 2,745.00$ 2,745.00$ 2,450.00$ 2,450.00$ 3,000.00$ 3,000.00$ 2,800.00$ 2,800.00$ 3,200.00$ 3,200.00$ 608B CDOT Curb Ramp Type 1/2 Combo 4 EA 3,000.00$ 12,000.00$ 3,000.00$ 12,000.00$ 3,600.00$ 14,400.00$ 2,600.00$ 10,400.00$ 1,800.00$ 7,200.00$ 4,500.00$ 18,000.00$ 2,745.00$ 10,980.00$ 2,940.00$ 11,760.00$ 1,950.00$ 7,800.00$ 3,800.00$ 15,200.00$ 3,300.00$ 13,200.00$ 608C CDOT Curb Ramp Type 2 Directional 12 EA 2,500.00$ 30,000.00$ 3,000.00$ 36,000.00$ 3,600.00$ 43,200.00$ 2,600.00$ 31,200.00$ 2,850.00$ 34,200.00$ 2,750.00$ 33,000.00$ 2,745.00$ 32,940.00$ 2,750.00$ 33,000.00$ 2,000.00$ 24,000.00$ 2,550.00$ 30,600.00$ 3,175.00$ 38,100.00$ 608D CDOT Curb Ramp 2 Type Diagonal 12 EA 2,500.00$ 30,000.00$ 3,000.00$ 36,000.00$ 3,600.00$ 43,200.00$ 2,600.00$ 31,200.00$ 2,850.00$ 34,200.00$ 2,750.00$ 33,000.00$ 2,745.00$ 32,940.00$ 2,650.00$ 31,800.00$ 2,200.00$ 26,400.00$ 2,900.00$ 34,800.00$ 3,175.00$ 38,100.00$ 608E CDOT Curb Ramp Type 2 Paralell Typical 2 EA 2,500.00$ 5,000.00$ 3,000.00$ 6,000.00$ 3,600.00$ 7,200.00$ 2,600.00$ 5,200.00$ 2,000.00$ 4,000.00$ 3,250.00$ 6,500.00$ 2,745.00$ 5,490.00$ 2,900.00$ 5,800.00$ 1,800.00$ 3,600.00$ 3,000.00$ 6,000.00$ 3,200.00$ 6,400.00$ 608F CDOT Curb Ramp Type 2 LG Radius 3 EA 2,500.00$ 7,500.00$ 3,500.00$ 10,500.00$ 3,600.00$ 10,800.00$ 2,600.00$ 7,800.00$ 2,500.00$ 7,500.00$ 4,500.00$ 13,500.00$ 2,745.00$ 8,235.00$ 2,650.00$ 7,950.00$ 3,400.00$ 10,200.00$ 4,500.00$ 13,500.00$ 5,550.00$ 16,650.00$ 608G CDOT Curb Ramp Type Shoulder 1 EA 2,000.00$ 2,000.00$ 3,000.00$ 3,000.00$ 3,600.00$ 3,600.00$ 2,600.00$ 2,600.00$ 1,800.00$ 1,800.00$ 3,500.00$ 3,500.00$ 1,705.00$ 1,705.00$ 2,500.00$ 2,500.00$ 2,100.00$ 2,100.00$ 1,800.00$ 1,800.00$ 3,300.00$ 3,300.00$
608H **Saw cut 2' x 4' concrete/install truncated domes in existing ramp**1 EA 900.00$ 900.00$ 750.00$ 750.00$ 480.00$ 480.00$ 800.00$ 800.00$ 900.00$ 900.00$ 500.00$ 500.00$ 478.00$ 478.00$ 576.00$ 576.00$ 600.00$ 600.00$ 1,200.00$ 1,200.00$ 1,200.00$ 1,200.00$ 608J Concrete Sidewalk (4”) Remove & Replace 184 SY 80.00$ 14,720.00$ 63.00$ 11,592.00$ 70.20$ 12,916.80$ 90.00$ 16,560.00$ 60.00$ 11,040.00$ 75.00$ 13,800.00$ 66.50$ 12,236.00$ 68.00$ 12,512.00$ 76.00$ 13,984.00$ 79.00$ 14,536.00$ 132.50$ 24,380.00$ 608K Concrete Sidewalk (6”) Remove & Replace 16 SY 100.00$ 1,600.00$ 68.00$ 1,088.00$ 70.20$ 1,123.20$ 95.00$ 1,520.00$ 65.00$ 1,040.00$ 156.25$ 2,500.00$ 94.50$ 1,512.00$ 84.00$ 1,344.00$ 105.00$ 1,680.00$ 115.00$ 1,840.00$ 92.50$ 1,480.00$ 609A Mountable Curb, Gutter & Walk (5’ 3”) R&R 370 LF 75.00$ 27,750.00$ 42.00$ 15,540.00$ 45.36$ 16,783.20$ 60.00$ 22,200.00$ 40.00$ 14,800.00$ 81.10$ 30,007.00$ 68.50$ 25,345.00$ 74.00$ 27,380.00$ 80.00$ 29,600.00$ 64.00$ 23,680.00$ 63.00$ 23,310.00$ 609B Vertical Curb & Gutter (6”) Remove & Replace 545 LF 32.00$ 17,440.00$ 35.00$ 19,075.00$ 45.36$ 24,721.20$ 48.00$ 26,160.00$ 33.00$ 17,985.00$ 30.00$ 16,350.00$ 42.50$ 23,162.50$ 41.75$ 22,753.75$ 50.00$ 27,250.00$ 48.00$ 26,160.00$ 42.50$ 23,162.50$ 626 Mobilization 1 LS 2,000.00$ 2,000.00$ 1,250.00$ 1,250.00$ 5,400.00$ 5,400.00$ 15,000.00$ 15,000.00$ 9,300.00$ 9,300.00$ 30,000.00$ 30,000.00$ 22,050.00$ 22,050.00$ 11,500.00$ 11,500.00$ 21,000.00$ 21,000.00$ 29,950.00$ 29,950.00$ 4,000.00$ 4,000.00$ 630A Traffic Control Management 1 LS 19,500.00$ 19,500.00$ 7,500.00$ 7,500.00$ 8,000.00$ 8,000.00$ 15,000.00$ 15,000.00$ 11,250.00$ 11,250.00$ 15,000.00$ 15,000.00$ 23,900.00$ 23,900.00$ 8,500.00$ 8,500.00$ 32,050.00$ 32,050.00$ 36,850.00$ 36,850.00$ 10,000.00$ 10,000.00$ 720 Material Sampling & Testing 1 LS 2,000.00$ 2,000.00$ 1,500.00$ 1,500.00$ 5,100.00$ 5,100.00$ 8,000.00$ 8,000.00$ 7,000.00$ 7,000.00$ 11,000.00$ 11,000.00$ 5,860.00$ 5,860.00$ 6,300.00$ 6,300.00$ 8,500.00$ 8,500.00$ 10,500.00$ 10,500.00$ 4,000.00$ 4,000.00$ 206,360.00$ 181,545.00$ 293,719.10$ 222,540.00$ 186,530.00$ 256,682.00$ 248,486.50$ 209,667.25$ 267,114.00$ 275,661.00$ 237,921.50$
Bid Alt #1 - ADA Specified Improvements412Concrete Pavement (10") (Remove and Replace 25 SY 160.00$ 4,000.00$ 80.00$ 2,000.00$ 142.02$ 3,550.50$ 128.00$ 3,200.00$ 90.00$ 2,250.00$ 160.00$ 4,000.00$ 195.00$ 4,875.00$ 113.00$ 2,825.00$ 320.00$ 8,000.00$ 192.00$ 4,800.00$ 135.00$ 3,375.00$ 608B CDOT Curb Ramp (Type1/ 2 Combol ) R & R 3 EA 3,500.00$ 10,500.00$ 3,000.00$ 9,000.00$ 4,344.00$ 13,032.00$ 2,600.00$ 7,800.00$ 1,800.00$ 5,400.00$ 4,800.00$ 14,400.00$ 2,745.00$ 8,235.00$ 2,450.00$ 7,350.00$ 2,100.00$ 6,300.00$ 4,000.00$ 12,000.00$ 3,300.00$ 9,900.00$ 608C CDOT Curb Ramp (Type 2 Diagonal) R & R 3 EA 2,500.00$ 7,500.00$ 3,000.00$ 9,000.00$ 4,344.00$ 13,032.00$ 2,600.00$ 7,800.00$ 1,900.00$ 5,700.00$ 3,250.00$ 9,750.00$ 2,745.00$ 8,235.00$ 2,650.00$ 7,950.00$ 2,300.00$ 6,900.00$ 3,231.00$ 9,693.00$ 3,300.00$ 9,900.00$ 608D CDOT Curb Ramp (Type 2 Directional) R & R 6 SY 2,500.00$ 15,000.00$ 3,000.00$ 18,000.00$ 4,272.00$ 25,632.00$ 2,600.00$ 15,600.00$ 2,900.00$ 17,400.00$ 3,250.00$ 19,500.00$ 2,745.00$ 16,470.00$ 102.00$ 612.00$ 2,000.00$ 12,000.00$ 195.00$ 1,170.00$ 3,300.00$ 19,800.00$ 608J Concrete Sidewalk (4") Remove & Replace 30 SY 90.00$ 2,700.00$ 63.00$ 1,890.00$ 84.60$ 2,538.00$ 90.00$ 2,700.00$ 54.00$ 1,620.00$ 100.00$ 3,000.00$ 66.50$ 1,995.00$ 68.00$ 2,040.00$ 76.00$ 2,280.00$ 79.00$ 2,370.00$ 133.50$ 4,005.00$ Bid Alt #1 Total 39,700.00$ 39,890.00$ 57,784.50$ 37,100.00$ 32,370.00$ 50,650.00$ 39,810.00$ 20,777.00$ 35,480.00$ 30,033.00$ 46,980.00$
Bid Alt #2 - Service Request
412 Concrete Pavement (10") (Remove and Replace 41 SY 160.00$ 6,560.00$ 80.00$ 3,280.00$ 76.04$ 3,117.60$ 130.00$ 5,330.00$ 90.00$ 3,690.00$ 160.00$ 6,560.00$ 195.00$ 7,995.00$ 113.00$ 4,633.00$ 270.00$ 11,070.00$ 205.00$ 8,405.00$ 132.50$ 5,432.50$ 608A CDOT Curb Ramp Type Paralell Directional R&R 3 EA 2,500.00$ 7,500.00$ 3,000.00$ 9,000.00$ 4,200.00$ 12,600.00$ 2,600.00$ 7,800.00$ 1,800.00$ 5,400.00$ 4,150.00$ 12,450.00$ 2,745.00$ 8,235.00$ 2,450.00$ 7,350.00$ 3,000.00$ 9,000.00$ 3,000.00$ 9,000.00$ 3,200.00$ 9,600.00$ 608C CDOT Curb Ramp Type 2 Directional R&R 1 EA 2,500.00$ 2,500.00$ 3,500.00$ 3,500.00$ 4,200.00$ 4,200.00$ 2,600.00$ 2,600.00$ 2,850.00$ 2,850.00$ 3,250.00$ 3,250.00$ 2,745.00$ 2,745.00$ 2,750.00$ 2,750.00$ 2,000.00$ 2,000.00$ 3,000.00$ 3,000.00$ 3,175.00$ 3,175.00$ 608D CDOT Curb Ramp 2 Type Diagonal R&R 1 EA 2,500.00$ 2,500.00$ 3,500.00$ 3,500.00$ 4,200.00$ 4,200.00$ 2,600.00$ 2,600.00$ 1,900.00$ 1,900.00$ 3,250.00$ 3,250.00$ 2,745.00$ 2,745.00$ 2,650.00$ 2,650.00$ 2,200.00$ 2,200.00$ 3,200.00$ 3,200.00$ 3,175.00$ 3,175.00$
608H **Saw cut 2' x 4' concrete/install truncated domes in existing ramp**1 EA 900.00$ 900.00$ 750.00$ 750.00$ 720.00$ 720.00$ 800.00$ 800.00$ 550.00$ 550.00$ 500.00$ 500.00$ 478.00$ 478.00$ 525.00$ 525.00$ 600.00$ 600.00$ 1,500.00$ 1,500.00$ 1,200.00$ 1,200.00$ 608J Concrete Sidewalk (4”) Remove & Replace 100 SY 85.00$ 8,500.00$ 63.00$ 6,300.00$ 70.20$ 7,020.00$ 90.00$ 9,000.00$ 54.00$ 5,400.00$ 75.00$ 7,500.00$ 66.50$ 6,650.00$ 72.00$ 7,200.00$ 76.00$ 7,600.00$ 85.00$ 8,500.00$ 132.50$ 13,250.00$ 608K Concrete Sidewalk (6”) Remove & Replace 16 SY 100.00$ 1,600.00$ 68.00$ 1,088.00$ 70.20$ 1,123.20$ 95.00$ 1,520.00$ 56.00$ 896.00$ 156.25$ 2,500.00$ 94.50$ 1,512.00$ 90.00$ 1,440.00$ 105.00$ 1,680.00$ 125.00$ 2,000.00$ 92.50$ 1,480.00$ 609A Mountable Curb, Gutter & Walk (5'3") R&R 40 LF 75.00$ 3,000.00$ 42.00$ 1,680.00$ 45.36$ 1,814.40$ 60.00$ 2,400.00$ 60.00$ 2,400.00$ 81.10$ 3,244.00$ 68.50$ 2,740.00$ 84.00$ 3,360.00$ 80.00$ 3,200.00$ 78.00$ 3,120.00$ 63.00$ 2,520.00$ 609B Vertical Curb & Gutter (6”) Remove & Replace 353 LF 32.00$ 11,296.00$ 35.00$ 12,355.00$ 45.36$ 16,012.08$ 48.00$ 16,944.00$ 33.00$ 11,649.00$ 30.00$ 10,590.00$ 42.50$ 15,002.50$ 50.25$ 17,738.25$ 50.00$ 17,650.00$ 55.00$ 19,415.00$ 42.50$ 15,002.50$ 626 Mobilization 1 LS 2,000.00$ 2,000.00$ 500.00$ 500.00$ 1,800.00$ 1,800.00$ 6,000.00$ 6,000.00$ 3,000.00$ 3,000.00$ 5,000.00$ 5,000.00$ 3,360.00$ 3,360.00$ 7,250.00$ 7,250.00$ 4,608.00$ 4,608.00$ 8,500.00$ 8,500.00$ 4,000.00$ 4,000.00$ 630A Traffic Control Management 1 LS 9,500.00$ 9,500.00$ 1,500.00$ 1,500.00$ 6,000.00$ 6,000.00$ 6,000.00$ 6,000.00$ 7,500.00$ 7,500.00$ 2,000.00$ 2,000.00$ 8,665.00$ 8,665.00$ 3,750.00$ 3,750.00$ 12,570.00$ 12,570.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 720 Material Sampling & Testing 1 LS 1,000.00$ 1,000.00$ 750.00$ 750.00$ 2,500.00$ 2,500.00$ 3,000.00$ 3,000.00$ 4,500.00$ 4,500.00$ 3,000.00$ 3,000.00$ 1,170.00$ 1,170.00$ 2,000.00$ 2,000.00$ 3,400.00$ 3,400.00$ 6,200.00$ 6,200.00$ 4,000.00$ 4,000.00$ Bid Alt #2 Total 56,856.00$ 44,203.00$ 61,107.28$ 63,994.00$ 49,735.00$ 59,844.00$ 61,297.50$ 60,646.25$ 75,578.00$ 82,840.00$ 72,835.00$ Writen Bid 59,784.00$
Bid Alt #3 - Happy Gardens203BUnclass. Ex Fill/place/compact onsite 2 CY 150.00$ 300.00$ 250.00$ 500.00$ 300.00$ 600.00$ 80.00$ 160.00$ 370.00$ 740.00$ 100.00$ 200.00$ 76.00$ 152.00$ 100.00$ 200.00$ 90.00$ 180.00$ 85.00$ 170.00$ 57.00$ 114.00$ 208 Erosion Control Blanket 10 SY 100.00$ 1,000.00$ 50.00$ 500.00$ 60.00$ 600.00$ 15.00$ 150.00$ 71.00$ 710.00$ 20.00$ 200.00$ 54.00$ 540.00$ 10.00$ 100.00$ 36.00$ 360.00$ 15.00$ 150.00$ 42.50$ 425.00$ 608A Concrete Sidewalk (6")26 SY 110.00$ 2,860.00$ 72.00$ 1,872.00$ 70.20$ 1,825.20$ 100.00$ 2,600.00$ 65.00$ 1,690.00$ 96.16$ 2,500.16$ 94.50$ 2,457.00$ 84.00$ 2,184.00$ 105.00$ 2,730.00$ 125.00$ 3,250.00$ 88.00$ 2,288.00$ 626 Mobilization 1 LS 2,000.00$ 2,000.00$ 500.00$ 500.00$ 360.00$ 360.00$ 8,000.00$ 8,000.00$ 1,900.00$ 1,900.00$ 3,000.00$ 3,000.00$ 885.00$ 885.00$ 500.00$ 500.00$ 2,340.00$ 2,340.00$ 1,200.00$ 1,200.00$ 4,750.00$ 4,750.00$ 720 Materials Sampling 1 LS 1,000.00$ 1,000.00$ 250.00$ 250.00$ 900.00$ 900.00$ 600.00$ 600.00$ 2,000.00$ 2,000.00$ 1,000.00$ 1,000.00$ 586.00$ 586.00$ 250.00$ 250.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 3,500.00$ 3,500.00$ 999 Removal of Bushes and Fencing 7 EA 500.00$ 3,500.00$ 250.00$ 1,750.00$ 180.00$ 1,260.00$ 1,000.00$ 7,000.00$ 900.00$ 6,300.00$ 100.00$ 700.00$ 266.00$ 1,862.00$ 50.00$ 350.00$ 250.00$ 1,750.00$ 585.00$ 4,095.00$ 75.00$ 525.00$ Bid Alt #3 Total 10,660.00$ 5,372.00$ 5,545.20$ 18,510.00$ 13,340.00$ 7,600.16$ 6,482.00$ 3,584.00$ 9,360.00$ 10,865.00$ 11,602.00$
Total 313,576.00$ 271,010.00$ 418,156.08$ 342,144.00$ 281,975.00$ 374,776.16$ 356,076.00$ 294,674.50$ 387,532.00$ 399,399.00$ 369,338.50$
Maximum Bid Pirce
Minium Bid Price
Bid Difference
Engineers EstGOLD STAR CONCRETE INC.MAJESTIC CONCRETE AFAB SILVA CONSTRUCTION INC NORRA Conc STONE AND CONCRETE INC Colorado Paving SA Bells Western States CO Civil
ATTACHMENT 1
2021 CONCRETE ADA PROJECT S-PM-03-20
FOR INFORMATION ONLY
ATTACHMENT 2
STREET Main Bid SCOPE OF WORK
W 44TH AVE. Kipling Blvd. to Dover St
Upham to Vance
Ramps 33
4” sidewalk 132Sy 6” VCG 435 Lf 10” Concrete 125 Sy
Upham ST. 38th Ave. to W 44th Ave. Ramps 2 4” sidewalk 36 Sy
5’3” mountable sidewalk 330 Lf
10” Concrete 30.25 Sy
Bid Alternative #1
ADA Specified Improvements 44th Ave and Independence Street
Upham Street Entrance at Steven’s Elementary 4510 Garrison Street 3415 Teller Street
Ramps 12 4” sidewalk 30 Sy
10” Concrete 25 Sy
Bid Alternative #2
2020 Service Requests
4475 Quay St 5’3” mountable sidewalk 40 Lf
10210 W 41st Ave 6” VCG 10’ Lf 3755 Pierce St 6” sidewalk 16 Sy 6” VCG 30 Lf
Bus stop at 5125 Independence St 4’ Sidewalk 31 Sy VCG 70 Lf
NE Corner of 38th &
Harlan
Saw cut dome in ramp
3415 Teller St Parallel Ramp (Sidewalk Ends Ramp)
2021 Service Request S.W. & S.E. Corners of 31st Ave. & Wright Ct.
SW Corner – 1.33 Sy Ramp replacement with domes SE Corner – 1.33 Sy Ramp replacement
with domes
6” VCG 5 Lf 4” Sidewalk 1.5 Sy
S.W. Corner of 34th Ave. & Vivian Dr.
SW Corner – 1.33 Sy Ramp replacement with domes 6” Curb (Curb head only) 9 Lf 6” VCG 4 Lf 70 Executive Center, N.W. corner on Independence St.
4” Sidewalk 19.45 Sy NW Corner – 7.78 Sy Ramp replacement with domes
2021 CONCRETE ADA PROJECT S-PM-03-20
FOR INFORMATION ONLY
Northside (East Bound) Sidewalk R.O.W. on 44th Ave. from Tabor St. to Ward Rd.
Public Storage Superior Auto TA Truck Stop @ Inlet TA Truck Stop @ Exit/Entrance
6” VCG 10.25 Lf 6” VCG 10.25 Lf (Saw cut needed) 6” VCG 7.33 Lf 6” VCG 17.11 Lf (Saw cut needed)
6” VCG 12.55 Lf 4” Sidewalk 3.59 Sy 4” Sidewalk 4.17 Sy (Ramp wing) Westside (South Bound) Sidewalk R.O.W. on Harlan St. from 47th Ave. to
Off Ramp
4” Sidewalk 3.26 Sy
Concrete Pan on
30th Ave. East of
Pierce St.
10” Concrete 19.15 Sy
S.E. Corner at 33rd
& Harlan St.
6” VCG 5.67 Lf
4” Sidewalk 4.65 Sy
Sink East of S.E. corner of 44th Ave.
& Reed St.
4” Sidewalk 1.89 Sy
Raised Tile
3680 Holland St.
4” Sidewalk 2.41 Sy
4” Sidewalk 4.44 Sy
6” VCG 15.41 Lf
N.W. Corner of
37th Ave. & Garland St.
4” Sidewalk 1.54 Sy
4” Sidewalk 2.31 Sy 6” VCG 12.08 Lf
Sidewalk Damage
3691 Garland St.
4” Sidewalk 2.97 Sy
4” Sidewalk 3.07 Sy 6” VCG 10 Lf 6” VCG 10.33 Lf Gutter and Sidewalk Damage 4900 Harland St.
4” Sidewalk 2.17 Sy 6” VCG 6.5 Lf
Gutter and Sidewalk Damage 4945 Harlan St
10” Concrete 9.19 Sy 10” Concrete 8.89 Sy
Gutter Damage 2736 Fenton St. 4” Sidewalk 1.78 Sy 6” VCG 6 Lf
Gutter and Sidewalk Damage
2724 Fenton St.
4” Sidewalk 3.06 Sy 6” VCG 8.33 Lf
Gutter Damage 3925 Cody St. 6” VCG 10 Lf
Gutter Damage 3400 Teller St. 6” VCG 8 Lf (Saw cut needed) (Center median damage)
2021 CONCRETE ADA PROJECT S-PM-03-20
FOR INFORMATION ONLY
Gutter Damage 4800 Harlan St. 6” VCG 10 Lf
Gutter Damage 4833 Harlan St. 6” VCG 28.5 Lf
Gutter Damage
4821 Harlan St.
6” VCG 10.33 Lf
6” VCG 10 Lf
Gutter Damage
4645 Harlan St.
6” VCG 11.16 Lf
6” VCG 10.33 Lf 6” VCG 10 Lf
Bid Alternative #3
Happiness Gardens 43rd Ave and Ammons St 4” sidewalk 26 Sy Unclassified excavation/base materials 2
Cy
Erosion control blanket 10 Sy Removals 3 Each - Wood fence rails 4 Each - Bushes
ITEM NO: 2
DATE: March 22, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 14-2021 – A RESOLUTION APPROVING THE ASSIGNMENT TO THE JEFFERSON COUNTY HOUSING AUTHORITY D/B/A FOOTHILLS
REGIONAL HOUSING OF $1,733,069 OF THE CITY OF
WHEAT RIDGE, COLORADO’S 2021 PRIVATE ACTIVITY
BOND VOLUME CAP ALLOCATION FROM THE STATE
CEILING FOR PRIVATE ACTIVITY BONDS; AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ASSIGNMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH 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 has received an allocation of $1,733,069 for the purpose of issuing Private Activity Bonds (PABs) in 2021 under the state ceiling imposed by the Tax Reform Act of 1987. Staff recommends assigning approximately $450,000 of the City’s allocation to Jefferson County Housing Authority d/b/a Foothills Regional Housing (FRH) which has agreed to issue PABs for the Allison Village redevelopment project in Arvada. Allison Village will be an
affordable 100-unit, transit-oriented, environmentally sustainable community for youth, veterans and other low-income residents. The remaining allocation will be reserved for future affordable projects in Wheat Ridge, Jefferson County or Colorado.
Council Action Form - Assignment of Private Activity Bonds March 22, 2021
Page 2
PRIOR ACTION: The City of Wheat Ridge has traditionally assigned the City’s PAB allocation to either the
Colorado Housing and Finance Authority (CHFA) or the Metro Mayors Caucus for single family
mortgage revenue bonds. The last allocation assignment was approved in 2011 to CHFA. Since 2011, neither CHFA nor the Metro Mayors Caucus were accepting applications for allocations because of the decline in the financial markets and the impact that has had on investor interest in PAB. Between 2012 and 2018, the City’s allocation was relinquished to the statewide balance for
distribution to applicants by the Department of Local Affairs.
City Council assigned the City’s 2019 and 2020 PAB cap to FRH for the Caesar Square Apartments project.
FINANCIAL IMPACT:
There is no direct financial impact to the City of Wheat Ridge. However, injecting PAB capital into the community has a direct impact on real estate, construction, and financial markets by stimulating economic activity and jobs.
BACKGROUND:
PABs are tax exempt bonds designed to offer low-cost financing to private sector borrowers for projects that create jobs and expand the tax bases of local communities. PABs may be used to finance a broad array of community development projects including housing, manufacturing, higher education, infrastructure, and environmental projects. The bonding authority which allows
the issuance of PABs is Volume Cap, created under the federal Tax Reform Act of 1986. The
federal government allocates a maximum amount of Volume Cap use to each state annually, based on population. Per Colorado statute, the Department of Local Affairs (DOLA) administers the state’s allocation
of Volume Cap. Under the statute, 50 percent of Colorado’s allocation is given to five statewide
authorities, with DOLA deciding the proportional allocation of each. As a political subdivision of the state and an authority, CHFA is eligible to receive an allocation of Volume Cap, which it uses to issue tax exempt bonds throughout Colorado. CHFA uses its
annual allocation to issue tax exempt bonds for single family mortgages, multifamily rental
developments, manufacturers, and mortgage credit certificates. The remaining 50 percent of annual Volume Cap is allocated to local issuing authorities. A local issuing authority consists of “any city, town, county, or city and county which has a population
in any year which would result in the local issuing authority having any allocation of the state
ceiling in excess of one million dollars” (CRS 24-32-1702-8). After allocating Volume Cap to local issuing authorities, any remaining balance becomes available by application to the statewide balance.
Council Action Form - Assignment of Private Activity Bonds March 22, 2021
Page 3
RECOMMENDATIONS: Staff recommends assigning the City’s PAB allocation to Foothills Regional Housing for the
Allison Village redevelopment project in Arvada and future affordable projects in Wheat Ridge,
Jefferson County or Colorado. RECOMMENDED MOTION: “I move to approve Resolution No. 14-2021, a resolution approving the assignment to the
Jefferson County Housing Authority D/B/A Foothills Regional Housing of $1,733,069 of the
City of Wheat Ridge, Colorado’s 2021 Private Activity Bond Volume Cap Allocation from the State Ceiling for Private Activity Bonds; and authorizing the execution and delivery of an Assignment and other documents in connection therewith.”
Or,
“I move to return the unused portion of the PAB allocation to the Statewide Balance for the following reason(s) ___________________________________.”
REPORT PREPARED BY:
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 14-2021
2. Assignment of Allocation
3. Memo from Foothills Regional Housing
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 14 Series of 2021
TITLE: A RESOLUTION APPROVING THE ASSIGNMENT TO THE JEFFERSON COUNTY HOUSING AUTHORITY D/B/A FOOTHILLS REGIONAL HOUSING OF $1,733,069 OF THE CITY OF WHEAT RIDGE, COLORADO’S 2021 PRIVATE ACTIVITY BOND VOLUME CAP ALLOCATION FROM THE
STATE CEILING FOR PRIVATE ACTIVITY BONDS; AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ASSIGNMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH
WHEREAS, the City of Wheat Ridge, Colorado (the “City”) has been awarded on
January 1, 2021 $1,733,069 (the “2021 Allocation”) of the bond ceiling for the State of
Colorado (the “State”) and its issuing authorities pursuant to the Colorado Private Activity Bond Ceiling Allocation Act, constituting Part 17 of Article 32 of Title 24, Colorado Revised Statutes, as amended (the “Allocation Act”), for use in the issuance of private activity bonds; and
WHEREAS, the Allocation Act provides for the assignment of bond allocations between “issuing authorities” (as defined in the Allocation Act) of the State; and WHEREAS, the Jefferson County Housing Authority d/b/a Foothills Regional
Housing (the “Assignee”) is authorized to issue housing revenue bonds constituting
private activity bonds pursuant to Part 5 of Article 4 of Title 29, Colorado Revised Statutes, as amended (the “Act”) and the Supplemental Public Securities Act, Part 2, Article 57, Title 11 of the Colorado Revised Statutes, as amended, (the “Supplemental Act”); and
WHEREAS, the City desires to assign and transfer to the Assignee all of the City’s 2021 Allocation, which the City and the Assignee will commit and reserve for the issuance of such private activity bonds; and
WHEREAS, the City and the Assignee intend that the 2021 Allocation be utilized for the purpose of assisting in the financing of “projects” within the meaning of Title 29, Article 4, Part 5, Colorado Revised Statutes, as amended, in Jefferson County, Colorado (the “Project”); and
WHEREAS, it is necessary to evidence such assignment and transfer and the acceptance thereof by the execution and delivery by the City of an Assignment, dated as of March 22, 2021 (the “Assignment”), by and between the City and the Assignee; and
WHEREAS, the Assignee proposes to issue its housing revenue bonds pursuant to the Act and the Supplemental Act, to finance “projects” under the Act (the “Project”); and
NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Wheat Ridge, Colorado that:
Section 1. In order to finance the Project, the City hereby (i) assigns and
transfers to the Assignee an amount equal to the 2021 Allocation and (ii) approves, and authorizes and directs the Mayor or City Manager of the City, or in the absence of the Mayor or the City Manager, any other council member of the City Council (the “City Council”), to execute and deliver and the City Clerk to attest and deliver, the Assignment in substantially the form presented to the City Council, with such changes, not
inconsistent herewith, as are approved by the person executing the Assignment (whose execution thereof shall constitute conclusive evidence of such approval). A copy of the proposed Assignment is on file in the office of the City Clerk and is available for inspection by the public.
Section 2. The Mayor or the City Manager of the City or any other member of
the City Council and all appropriate City officers are hereby authorized and directed to execute and deliver and the City Clerk is hereby authorized and directed to attest and deliver such other agreements and certificates and to take such other actions as may be necessary or convenient to carry out and give effect to the Assignment and this Resolution.
Section 3. All actions not inconsistent with the provisions of this Resolution heretofore taken by the City Council and the officers of the City directed toward the assignment of the 2021 Allocation and the authorization of the Assignment hereby are ratified, approved, and confirmed.
Section 4. Nothing contained in this Resolution or the Assignment shall
constitute a debt, indebtedness or multiple-fiscal year direct or indirect debt or other financial obligation of the City within the meaning of the Constitution or statutes of the State or the home rule charter of any political subdivision thereof, nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers.
Section 5. If any section, paragraph, clause or provision of this Resolution shall
for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution.
Section 6. This Resolution shall be in full force and effect upon its passage and approval.
DONE AND RESOLVED this 22nd day of March 2021. Bud Starker, Mayor ATTEST:
Steve Kirkpatrick, City Clerk
4834-2191-3563.2
ASSIGNMENT
THIS ASSIGNMENT (this “Assignment”), dated as of the 22nd day of March, 2021, is
by and between the CITY OF WHEAT RIDGE, COLORADO (the “Assignor”), a body
corporate and politic and a political subdivision of the State of Colorado (the “State”), and the JEFFERSON COUNTY HOUSING AUTHORITY D/B/A FOOTHILLS REGIONAL HOUSING (the “Assignee”), a body corporate and politic of the State;
W I T N E S S E T H :
WHEREAS, the Assignor has been awarded $1,733,069 (the “2021 Allocation”) of private
activity bond volume cap allocation for the State of Colorado (the “State”) and its issuing authorities (the “State Ceiling”) computed under Section 146(d) of the Internal Revenue Code of 1986, as amended (the “Code”), and under the Colorado Private Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado Revised Statutes, as amended (the “Allocation
Act”), for use in the issuance of private activity bonds; and
WHEREAS, subject to the terms and conditions set forth herein, the Assignor desires to assign to the Assignee, and the Assignee desires to accept all $1,733,069 of the Assignor’s 2021 Allocation, which the Assignor has committed and reserved for the issuance of such private activity bonds; and
WHEREAS, the private activity bonds will be issued by the Assignee pursuant to Part 5 of
Article 4 of Title 29, Colorado Revised Statutes, as amended (the “Act”), and the Supplemental Public Securities Act, Part 2 of Article 57 of Title 11, Colorado Revised Statutes, as amended (the “Supplemental Act”), and such bonds will be used only for “projects” as described under the Act; and
WHEREAS, the Assignor and the Assignee intend that the 2021 Allocation be utilized to
issue housing revenue bonds for the purpose of assisting in the financing of “projects” within the meaning of Title 29, Article 4, Part 5, Colorado Revised Statutes, as amended, in Jefferson County, Colorado (the “Project”); and
WHEREAS, the Assignee intends to issue private activity bonds to finance the Project.
NOW THEREFORE, in exchange for the agreements set forth herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
Section 1. The Assignor hereby assigns and transfers to the Assignee all of the Assignor’s 2021 Allocation. The Assignee agrees to use all of the Assignor’s 2021 Allocation only for
“projects” as described in the Act. In addition, the Assignor hereby consents to the election by the
Assignee, if the Assignee in its discretion so decides, to treat all of the Assignor’s 2021 Allocation as an allocation for a project with a carryforward purpose, thus avoiding reversion of such 2021 Allocation to the statewide balance under the Allocation Act, or to assign the 2021 Allocation or a portion thereof to another Assignee.
ATTACHMENT 2
2
4834-2191-3563.2
Section 2. The Assignor represents that it has received no monetary consideration for the assignment set forth above.
Section 3. The Assignee hereby accepts the assignment of all of the Assignor’s 2021
Allocation from the State Ceiling described above, subject to the terms and conditions contained herein.
Section 4. This Assignment shall not constitute the debt or indebtedness or financial obligation of the Assignor within the meaning of the constitution or statutes of the State of
Colorado, nor give rise to a pecuniary liability or charge against the general credit or taxing power
of the Assignor.
Section 5. The Assignor and Assignee each agree that it will take such further action and adopt such further proceedings as may be required to implement the terms of this Agreement, including but not limited to the Assignee filing, an IRS Form 8328 “Carryforward Election of
Unused Private Activity Bond Volume Cap” with respect to all of the Assignor’s 2021 Allocation.
Section 6. This Assignment is effective upon execution and is irrevocable.
IN WITNESS WHEREOF, the Assignor and the Assignee have caused this instrument to be executed to be effective as of the date and year first written above.
CITY OF WHEAT RIDGE, COLORADO, as
Assignor
Bud Starker, Mayor
[SEAL]
ATTEST:
Steve Kirkpatrick, City Clerk
3
4834-2191-3563.2
JEFFERSON COUNTY HOUSING AUTHORITY D/B/A FOOTHILLS
REGIONAL HOUSING, as Assignee
By: ________________________________ Lori Rosendahl, Executive Director/CEO
[Signature Page to Wheat Ridge Assignment]
7490 West 45th Avenue, Wheat Ridge, CO 80033 ∙ Phone: 303.422.8600 ∙ Fax: 303.422.3229
Admin. Fax 720.974.5808 Colorado Relay 711 ∙ Web: www.jcha.org
ATTACHMENT 3
February 14, 2021
Patrick Goff, City Manager
City of Wheat Ridge
7500 W 29th Ave
Wheat Ridge, CO 80033
RE: Request for 2021 Private Activity Bond Cap to Support Affordable Housing
Dear Mr. Goff,
The Jefferson County Housing Authority d/b/a Foothills Regional Housing (FRH) is the housing authority
serving Colorado’s 774 square mile Jefferson County. FRH provides housing opportunities including
affordable apartments, rental assistance vouchers, emergency home repairs, housing navigation, new
development and redevelopment in both incorporated and unincorporated areas of Jefferson County.
Our mission is to create vibrant, stable communities in areas of opportunity, via bold and strategic
initiatives, and to provide families and individuals with housing options driven by compassion and
respect throughout Jefferson County. FRH’s portfolio includes 20 rental properties with 1200+ units.
Our mission is not achievable without the partnership of entities such as the City of Wheat Ridge.
Allison Village is a redevelopment project consisting of new construction of 100-units serving 30% to 70%
AMI that will replace an existing 37-unit community constructed in 1980, which is currently functionally
obsolete. FRH has identified Allison Village as one of the properties in our portfolio with a significant need
for reinvestment. FRH has received an award of federal 4% Low-Income Housing Tax Credits (LIHTC),
state Affordable Housing Tax Credits, and Private Activity Bonds to fund approximately $36M in
redevelopment/new construction investment and has secured equity and debt partners for placement
of these resources. Former residents of the original 37 units received tenant protection vouchers to
provide them ongoing rental assistance and the existing Section 8 rental assistance contract was
transferred to another FRH senior citizen, low income property, so no affordability was lost in Jefferson
County and a true net of 100 new affordable units is being created. The proposed multifamily building is
wood framed, four stories over podium parking. The walls are literally being built in Jefferson County, at
a prefabrication factory in Golden. It bears noting that the majority of the revenue generated from the
construction and operations of Allison Village stays in Jefferson County, as the general contractor, design
firm, property management team, and other firms engaged in the project reside in the metro area.
The site is located near Olde Town Arvada, is in a walkable neighborhood, and is a 10-minute walk to the
nearest RTD G Line transit station, while also remaining accessible to I-70. FRH is working in collaboration
2
with the City of Arvada planning department and adjacent property owners to design and construct trail
improvements that will provide a link from the Allison Village site through the Water Tower Promenade
to Olde Town Arvada. The scope of the new construction will incorporate energy efficient design
(Enterprise Green Communities and U.S. Department of Energy Zero Energy Ready Homes certified),
community space, urban parks, and two second floor terraces. This community will include approximately
30 units with a preference for youth transitioning out of foster care with services provided by partners
such as Jefferson County Human Services Department, Court Appointed Special Advocates (CASA) of
Jefferson/Gilpin Counties, Stride, and Red Rocks Community College. Nine (9) units will have a preference
for veterans. Additionally, a small commercial space will be home to a job training facility and other
service spaces benefiting our residents. FRH Housing Choice Vouchers will be project based at 39 units,
allowing low income residents to pay approximately 30% of their income for rent.
To meet the federal requirements of the 4% LIHTC that will finance these reinvestments, FRH requests
that the City of Wheat Ridge assign the entirety ($1,733,069) of its 2021 Private Activity Bond (PAB) cap
to FRH. FRH has also requested and received assignments of PAB cap from Golden, Arvada and Jefferson
County in an effort to reach the necessary total. Additionally, FRH is itself contributing $4 million towards
the redevelopment by deferring developer fee and a land carryback as construction capital sources. The
remaining developer fee netted by FRH will be used as leverage to expand the organization’s portfolio of
affordable housing and to stabilize existing properties throughout Jefferson County.
The city’s support of this project will directly benefit the local economy in generating over $22M in
construction costs alone, including many job creation opportunities. This reinvestment will allow FRH to
secure affordability and increase housing supply by building 100 new Transit-Oriented, environmentally
sustainable units at Allison Village. By doing so, we will create a long-term, high quality affordable asset
that will serve as a welcoming place to call home for lower-income Jefferson County residents for
decades to come.
FRH is authorized under the relevant statutes, cited in the attached Assignment Resolution, to issue
housing revenue bonds as private activity bonds for this or other (third party) qualifying “projects”
within the statutory definition and agrees to pay all legal costs and meet all requirements of state and
federal statutes related to this assignment and any subsequent carryforward. FRH anticipates a need for
approximately $450k of 2021 Wheat Ridge PAB to complete the Allison Village project as described
herein. FRH agrees to handle the issuance, assignment, and carryforward of any excess bond cap not
utilized in a timely manner to finance Allison Village by assigning it other qualifying projects with a
sequential preference for affordable FRH portfolio projects, City of Wheat Ridge affordable projects,
Metro Denver area affordable projects, and finally Colorado affordable projects.
We look forward to the opportunity to present this request to Wheat Ridge City Council.
Sincerely,
Amy Case
Chief Financial Officer
ITEM NO: 3
DATE: March 22, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 04-2021 – AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,
AMENDING CHAPTER 11, LICENSES, PERMITS AND
MISCELLANEOUS BUSINESS REGULATIONS, WITH THE
ADDITION OF NEW ARTICLE XV REGULATING TOBACCO PRODUCT RETAIL LICENSES AND CONFORMING CHANGES IN CONNECTION THEREWITH PUBLIC HEARING ORDINANCES FOR 1ST READING (03/22/2021) BIDS/MOTIONS ORDINANCES FOR 2ND READING (04/12/2021) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ City Manager ISSUE: Tobacco and youth vaping continue to be on the rise in Wheat Ridge and Jefferson County. The
City of Wheat Ridge does not currently regulate its tobacco retailers. The purpose of this ordinance
is to create licensing regulations for tobacco retailers. PRIOR ACTION: At the August 19, 2019 study session, Jefferson County Public Health (JCPH) presented an
overview of youth vaping and tobacco use in Wheat Ridge and the region. Staff returned on
December 2, 2019 with policy options to include in a potential future ordinance and received direction from City Council at that time. Most recently on November 16, 2020, Council reached consensus to move an ordinance forward as
presented in this Council Action Form and attachments. The ordinance provided is a result of City
Council Action Form – Tobacco Retail Licensing March 22, 2021
Page 2
Council’s consensus, a multi-department collaboration of City staff and the City Attorney, and research and coordination with JCPH.
FINANCIAL IMPACT: The City is expected to receive revenue from the license application and annual renewal fees associated with tobacco retail licensing. These fees are expected to cover the administration and enforcement of the program.
BACKGROUND:
State Legislation House Bill 20-1001: Nicotine Product Regulation was passed by the state legislature in July 2020. In summary, the minimum age for the sale of these products has been increased from 18
to 21 years of age. The increase in age became effective upon adoption in July 2020.
Additionally, all retailers that sell cigarettes, tobacco products or nicotine products are required to obtain a state license. The original effective date for the state licensing program was set to be July 1, 2021. At this time, the effective date has been put on hold.
Proposed Code During the November 2020 study session, staff proposed several regulations for City Council consideration and the proposed code amendment reflects City Council’s consensus. As the City does not currently regulate tobacco retailers, this ordinance would be a new addition to the Code.
In consultation with the City Attorney’s office, JCPH and the staff working group, revisions to
Chapter 11 (License, Permits, and Miscellaneous Business Regulations) have been prepared. Minor revisions to Chapters 9 (Health) and 16 (Offenses – Miscellaneous) are also included in the ordinance.
Chapter 11 edits: A new Article XV, entitled “Tobacco Product Retail License” was added to
Chapter 11, which contains the following:
• Requirement to obtain a tobacco retailer license
• Limits on license eligibility
• School and youth-oriented facility distance standards for licensure include grandfathering in of all current tobacco retailers
• Dormancy component related to grandfathering in which eligibility is lost in the event the
affected Tobacco Product Retailer is not open for business for one (1) year or more
• Distance requirements of 1000 feet for new retailers located near a school or youth-oriented facility to include parks, playgrounds and recreation facilities
• Renewal, suspension, and revocation provisions
• Violation and enforcement provisions
Recommendation and Next Steps City Council has discussed the regulation and licensing of tobacco retail licensing at several study
sessions and reached consensus to move an ordinance forward as presented in this staff report. The
proposed ordinance will provide staff with the ability to license and regulate tobacco retailers.
Council Action Form – Tobacco Retail Licensing March 22, 2021
Page 3
Council may want to discuss the ordinance effective date. The effective date of July 1, 2021 was chosen by Council in November 2020 to align with the State’s planned implementation date.
However, at this time the State Department of Revenue has announced a pause in rulemaking and
license fee collection due to the pandemic. Council may consider moving forward with the July 1, 2021 implementation date or waiting to learn more about the State’s plans to move forward. If approved, staff will refine the internal processes for review and approval of tobacco retail
licenses. The proposed ordinance effective date of July 1, 2021 allows staff time to prepare for the
initial notice and registration period to include a comprehensive outreach program to local Wheat Ridge businesses. RECOMMENDATIONS:
Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 04-2021, an ordinance of the City Council of the City of Wheat Ridge, Colorado, amending Chapter 11, Licenses, Permits and Miscellaneous Business
Regulations, with the addition of new Article XV regulating tobacco product retail licenses and
conforming changes in connection therewith, on first reading, order it published, public hearing set for Monday, April 12, 2021 at 7:00 p.m. as a virtual meeting, and that it take effect on July 1, 2021.”
Or,
“I move to postpone indefinitely Council Bill No. 04-2021, an ordinance of the City Council of the City of Wheat Ridge, Colorado, amending Chapter 11, Licenses, Permits and Miscellaneous Business Regulations, with the addition of new Article XV regulating tobacco product retail
licenses and conforming changes in connection therewith, for the following reason(s)
_________________.” REPORT PREPARED/REVIEWED BY: Marianne Schilling, Assistant to the City Manager
Gerald Dahl, City Attorney
Allison Scheck, Director of Administrative Services Patrick Goff, City Manager ATTACHMENTS:
1. Council Bill No. 04-2021
2. Tobacco Retailer Map
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CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _____________ COUNCIL BILL NO. 04
ORDINANCE NO. _______ Series 2021
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AMENDING CHAPTER 11, LICENSES, PERMITS AND MISCELLANEOUS BUSINESS
REGULATIONS, WITH THE ADDITION OF NEW ARTICLE XV REGULATING TOBACCO PRODUCT RETAIL LICENSES AND CONFORMING CHANGES IN CONNECTION THEREWITH
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 et seq, and §31-15-501 et seq, the City acting through its City Council (the “Council”), is authorized to adopt rules and regulations regulating certain conduct and defining
general offenses that harm or pose a threat to the public health, safety or welfare; and
WHEREAS, approximately 96 percent of smokers begin smoking before age 21, with most beginning before age 16, smokers frequently transition from experimentation to addiction between the ages of 18 and 21; and
WHEREAS, youth use of e-cigarettes and similar products is associated with
future cigarette use; and
WHEREAS, the Centers for Disease Control and Prevention has reported a more
than 800% increase in electronic cigarette use among middle school and high school
students between 2011 and 2015; and
WHEREAS, the requirement for a tobacco retail license will not unduly burden legal business activities of retailers who sell tobacco products to adults in the City; and
WHEREAS, in order to address youth smoking, e-cigarette and tobacco use, the
Council finds a retail tobacco license in Wheat Ridge is needed.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. The foregoing recitals are affirmed and incorporated herein by this reference as findings of the City Council.
Section 2. The Wheat Ridge, Colorado Municipal Code shall be amended with
the addition of Article XV, Tobacco Product Retail License, to Chapter 11, Licenses, Permits, and Miscellaneous Business Regulations to read as follows:
ATTACHMENT 1
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ARTICLE XV – Tobacco Product Retail License
Sec. 11-230. – Purpose and Intent.
The purpose of this Article is to ensure compliance with the business standards and
practices of the City, to encourage responsible tobacco product retailing, to discourage violations of tobacco product laws that prohibit or discourage the sale or distribution of tobacco products to young people, to reduce the likelihood that youth will become tobacco product users by prohibiting the sale of tobacco products to persons under the
minimum legal sales age of twenty-one (21) years of age but not to expand or reduce
the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalties provided therein to protect the health, safety and welfare of the residents of Wheat Ridge, Colorado.
Sec. 11-231. – Defined Terms.
The following terms are defined for use within this Article:
Arm’s Length Transaction means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose
is avoiding the effect of the violations of Sec. 11-242 is not an arm’s length transaction.
Cigarette means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains:
(a) any roll of tobacco wrapped in paper or in any substance not containing tobacco;
(b) tobacco in any form that is functional in the product, which, because
of its appearance, the type of tobacco used in the filler, or its packaging or labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (c) any roll of tobacco wrapped in any substance containing tobacco
that, because of its appearance, the type of tobacco used in the filler,
or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subparagraph (1) of this definition. (d) The term “cigarette” includes roll-your-own, i.e. any tobacco that,
because of its appearance, type, packaging, or labeling, is suitable
for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes.
Cigar means any roll of tobacco other than a Cigarette wrapped entirely or in part in tobacco or any other substance containing tobacco. For purposes herein, cigar
includes, but is not limited to tobacco products known or labeled as a “cigar,” “cigarillo” or
“little cigar.”
Consumer means a person who purchases tobacco products not for sale to another.
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Department means the Wheat Ridge Police Department or its designee.
Electronic Smoking Device means:
(a) Means any product, other than a product described in subsection (3) 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 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
Good Cause means for the purpose of refusing or denying a License under this Article:
(a) The Licensee has violated, does not meet, or has failed to comply with:
(1) any of the terms, conditions or provisions of this Article; or
(2) any of the terms, conditions or provisions of this Article; or
(3) a rule or regulation promulgated by the Licensing Authority pursuant to this Article, or (b) The Licensee has failed to comply with:
(1) any terms and conditions of the License including, but not limited
to, any special terms and conditions placed on the License at the
time the License was issued or any terms and conditions to the License subsequently modified by the Licensing Authority pursuant to Sec. 11-235(d); or
(2) any special condition placed on the License in a prior disciplinary
proceeding or that arose in the context of a prior disciplinary hearing.
License means a Tobacco Product Retail License.
Licensing Authority means the person(s) within the City designated by this Article with responsibility for the tobacco retail licensing system hereby adopted.
License Fee means the annual fee for a Tobacco Product Retail License
calculated to include the City’s cost of administration of this Article, Licensee education,
inspections of Licensed premises, regular compliance checks, documentation of violations (database management), and prosecutions of violations of Licenses.
Little Cigar means any roll of Tobacco other than a Cigarette wrapped entirely or in part in Tobacco and weighing no more than three pounds per thousand. “Little Cigar”
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includes, but is not limited to, any product known or labeled as “small cigar” “cigarillo” or “little cigar.”
Minimum Legal Sales Age means twenty-one (21) years of age or older.
Person means any natural person, partnership, cooperative association,
corporation, limited liability company, personal representative, receiver, trustee, assignee or other legal entity.
Retail Tobacco Specialty Business means a person engaged primarily in the sale at retail of any tobacco products, and in which the sale of other products is less than 25
percent of gross sales receipts.
Sale or Sell means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever.
School means: a private or public kindergarten, elementary, middle, junior high, or
high school.
Self-Service Display means the open display or storage of tobacco products in a
manner that is physically accessible in any way to the general public without the assistance of the Licensee or an employee of the Licensee and a direct person-to-person transfer between the Consumer and the Licensee or employee of the Licensee. A vending machine is a form of self-service display.
Tobacco Paraphernalia means any item designed for the consumption, use, or
preparation of a Tobacco Product.
Tobacco Product means:
(a) any product which contains, is made or derived from tobacco or used to deliver nicotine, synthetic nicotine or other substances intended for human
consumption, whether heated, chewed, absorbed, dissolved, inhaled, snorted,
sniffed or ingested by any other means, including, but not limited to Cigarettes, Cigars, Little Cigars, chewing tobacco, pipe tobacco, snuff, bidis, snus, nicotine product, mints, hand gels; and
(b) an Electronic Smoking Device;
(c) notwithstanding any provision of subsections (1) and (2) of this Section to the
contrary, “Tobacco Product” includes any component, part, accessory or associated Tobacco Paraphernalia of a Tobacco Product whether or not sold separately.
(d) The term “Tobacco Product” does not include:
(1) any product that contains marijuana; and
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(2) any product made from or derived from tobacco and approved by the Food and Drug Administration (FDA) for use in connection with cessation of smoking.
Tobacco Product Retailer means any Person who sells, offers for sale, or
exchanges or offers to exchange for any form of consideration a Tobacco Product(s). This definition is without regard to the quantity of Tobacco Products sold, offered for sale, exchanged, or offered for exchange.
Tobacco Product Retailing means any Person who engages in the sale of
Tobacco Products directly to the public from any store, stand, booth, concession, outlet,
vehicle, cart, vending machine, structure or any grounds or any other enterprise that Sells, offers for Sale, or does or offers to exchange for any form of consideration Tobacco Products.
Youth-Oriented Facilities means any park, playground, and city-owned recreation
facility.
Sec. 11-232. – Licensing Authority.
The City designates the City Treasurer or his/her designee to act as the Tobacco Product Retail Licensing Authority, referred to in this Article as the “Licensing Authority.”
Sec. 11-233. – Requirements and Prohibitions.
(a) License Required. It shall be unlawful for any person to act as a Tobacco
Product Retailer in the City without first obtaining and then maintaining a valid Tobacco Product Retail License pursuant to this Article for each retail location where the activity is to occur.
(b) Other Municipal Licenses. A License issued pursuant to this Article does not
eliminate the need for the Licensee to obtain other required City licenses
related to the operation of the Licensee’s business, including, without limitation:
(1) a City Business License.
(c) Display of License. Each Tobacco Product Retail License shall be prominently displayed on the premises of the Licensee in a publicly visible location.
(d) Lawful Business Operation. In the course of Tobacco Product Retailing or in
the operation of the business or maintenance of the location for which a License issued, it shall be a violation of this Article for a Licensee, or any of the Licensee’s agents or employees, to violate any local, state, or federal law applicable to Tobacco Product Retailing.
(e) Minimum Legal Sales Age. Tobacco Products shall not be sold to any person
under twenty-one (21) years of age.
(f) Minimum Legal Sales Age Signage Requirements. Signage is required on the Licensed premises indicating that Tobacco Products shall not be sold to any
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person under the Minimum Legal Sales Age of twenty-one (21) years of age. The signage shall be prominently displayed at minimum at all entrances on the premises.
(g) Minimum Legal Age to Sell Tobacco Products. No person who is younger than
eighteen (18) shall sell, stock, retrieve or other otherwise handle Tobacco Products.
(h) Self-Service Displays Prohibited. Tobacco Product Retailing by means of a Self-Service Display is prohibited except within Retail Tobacco Specialty
Businesses.
(i) Positive Identification Required. No Licensee shall sell or transfer a Tobacco Product(s) to an individual who appears to be under the age of fifty (50) years without first examining the government issued photographic identification of the recipient to confirm that the recipient is at least twenty-one years of age (the
Minimum Legal Sales Age for Tobacco Products).
Sec. 11-234. – Limits on License Eligibility.
(a) Mobile Vending. No License shall be issued to authorize Tobacco Product Retailing at a location other than a fixed location. Tobacco products may not be sold or provided for delivery.
(b) Under-Age Applicant. An applicant not of the Minimum Legal Sales Age for
Tobacco Products is ineligible to obtain a Tobacco Product Retail License.
(c) Schools and Youth-oriented facilities. Tobacco Product Retailing is prohibited near schools, public and private, and youth-oriented facilities, as follows:
(1) Except as provided in subsection (d) of this Section no new License may be
issued within one thousand (1000) feet of a public or private School as measured by a straight line from the nearest point of the property line of the parcel on which the School is located to the nearest point of the property line of the parcel on which the applicant’s business is located.
(2) Except as provided in subsection (d) of this Section no new License may be
issued within one thousand (1000) feet of a youth-oriented facility as measured by a straight line from the nearest point of the property line of the parcel on which facility is located to the nearest point of the property line of the parcel on which the applicant’s business is located.
(d) A Tobacco Product Retailer Operating Lawfully on Effective Date. A Tobacco
Product Retailer operating lawfully on the Effective Date of this Article, as
adopted by Ordinance ____, Series 2021, which retailer is ineligible to receive or renew a Tobacco Product Retail License for a location pursuant to subsection (c) of this Section and any Licensee operating lawfully who becomes ineligible to receive or renew a License due to the creation of a new
School, may apply for a License for the location pursuant to the standard
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License application procedure described in Sec. 11-235. This exception to applicability of the 1000 ft restriction is lost in the event the affected Tobacco Product Retailer is not open for business for one (1) year or more.
Sec. 11-235. – License Application.
(a) Application Form. All Tobacco Product Retail License applications shall be submitted on a form supplied by the Licensing Authority and shall contain the following information:
(1) The name, address, and telephone number of each applicant seeking a
License;
(2) The business name, address, and telephone number of the single fixed location where a License is sought.
(3) A name and mailing address authorized by each applicant authorized to
receive all communications and notices (the “authorized address”)
required by, authorized by, or convenient to the enforcement of this Article. If an authorized address is not supplied, each applicant shall be understood to consent to the provision of notice at the business address specified in subparagraph (2) of this section.
(b) Applicable Laws. It is the responsibility of each applicant to inform themselves
regarding all laws applicable to Tobacco Product Retailing, including those laws
affecting the issuance of a Tobacco Product Retail License.
(c) Review of License Application. Upon receipt of a properly completed application, together with all information required in connection therewith and the payment of the License Fee as required by Sec. 11-238, the Licensing
Authority shall transmit copies of the application to:
(1) the Wheat Ridge Police Department, and
(2) any other agency the Licensing Authority determines should properly investigate and comment upon the application.
(d) Application Review. Other Departments or Agencies. Within twenty (20) days
of receipt of a completed application the Wheat Ridge Police Department, and
those referral agencies described in subsection (c)(2) of this Section shall provide the Licensing Authority with comments concerning the application.
(e) Additional Information. If the Licensing Authority requests the applicant to provide additional information that the Licensing Authority reasonably
determines to be necessary in connection with the investigation and review of
the application, the applicant shall provide such information within five (5) business days of the Licensing Authority’s request, unless the Licensing Authority agrees to a longer period of time.
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(f) Conditional Approval. The Licensing Authority shall conditionally approve or deny an application within thirty (30) days of the receipt of a completed application unless, by written notice to the applicant, the decision period is
extended for an additional ten (10) days if necessary, for the Licensing
Authority to complete the Licensing Authority’s review of the application.
Sec. 11-236. – Issuance of License.
(a) The Licensing Authority shall issue a license under this Article when, from consideration of the application, and such other relevant information as may
otherwise be obtained, the Licensing Authority determines that:
(1) The application (including any required attachments and submissions) is complete and signed by the applicant, and the applicant has provided any additional information concerning the application requested by the
Licensing Authority pursuant to Sec. 11-235(d);
(2) The applicant has paid the application fee required by Sec. 11-238;
(3) The application does not contain a material falsehood or misrepresentation; and
(4) The granting of the application will not endanger public health or safety.
(b) No applicant may rely on the issuance of a License as a determination by the
City that the applicant has complied with all laws applicable to Tobacco Product
Retailing.
(c) Nothing in this Article shall be construed to vest in any person obtaining and maintaining a Tobacco Product Retail License any status or right to act as a Tobacco Product Retailer in contravention of any provision of law.
Sec. 11-237. – Denial of Application.
(a) The Licensing Authority shall deny an application for a License under this Article if the Licensing Authority determines that:
(1) Information contained in the application, or supplemental information
provided by the applicant, is found to be false in any material respect;
(2) The applicant has had a License issued under this Article revoked within the two (2) years immediately preceding the filing of the application, or the applicant owned a fifty percent or greater interest in any business entity that has had a License issued under this Article revoked within the
two (2) years immediately preceding the filing of the application;
(3) The applicant is currently indebted to the City for any lawfully assessed tax or fee; or
(4) The granting of the application will endanger public health or safety.
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(5) The proposed location and/or applicant is not eligible pursuant to Sec.11-234(d)
(6) The denial is required for one or more of the reasons in Sec.11-31, as
referenced by Section 11-28.
(b) If the application is denied, the Licensing Authority shall clearly set forth in writing the grounds for denial.
(c) Upon denial of an application the application fee shall not be refunded.
(d) In addition to the standards terms and conditions set forth in Sec. 11-233 and
Sec.11-234, the Licensing Authority shall have the authority to impose such additional reasonable terms and conditions on a License as may be necessary to protect the public health, safety, and welfare, and to obtain compliance with the requirements of this Article and other applicable law.
Sec. 11-238. – License Term, Renewal and Expiration.
(a) The term of a License is one year and shall expire on December 31 of each calendar year.
(b) Each Tobacco Product Retailer shall apply for the renewal of the License and submit the applicable License Fee no later than thirty (30) days prior to expiration of the term to the Licensing Authority.
(c) A Licensee does not have a vested right or a property right in the renewal of a License issued pursuant to this Article.
(d) The Licensing Authority may refuse to renew a License for good cause.
(e) A License is invalid if the License Fee has not been timely paid in full or if the term of the License has expired.
(f) A License that is not timely renewed shall expire at the end of its term. To renew a License not timely renewed pursuant to subsection (b) of this Section, the applicant must:
(1) submit the License Fee and application renewal form; and
(2) submit a signed affidavit affirming that the applicant has not sold and will
not sell any Tobacco Product(s) after the License expiration date and before the License is renewed.
Sec. 11-239. – License Non-Transferrable.
(a) A Tobacco Product Retail License shall not be transferred from one Person to another or from one location to another. A new License is required whenever a
Tobacco Product Retail location has a change in owner(s) in an Arm’s Length Transaction.
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(b) When a license has been issued to a husband and wife, or to general or limited partners, the death of a spouse or partner shall not require the surviving spouse or partner to obtain a new license for the remainder of the term of that license.
All rights and privileges granted under the original license shall continue in full
force and effect as to such survivors for the balance of the term of the license.
(c) Notwithstanding any other provision of this Article, prior violations at a Licensed location shall continue to be counted against the location and License ineligibility periods shall continue to apply to the location unless:
(1) the location has been transferred to a new business owner in an Arm’s Length Transaction; and
(2) the new business owner(s) provide the Licensing Authority with clear and convincing evidence that the new business owner(s) has acquired
or is acquiring the location in an Arm’s Length Transaction.
Sec. 11-240. – License Conveys a Limited, Conditional Privilege.
(a) Nothing in this Article shall be construed to grant any person obtaining or maintaining a Tobacco Product Retail License any status or right other than the limited conditional privilege to act as a Tobacco Product Retailer at the location in the City identified on the face of the License. Nothing in this Article shall be
construed to render inapplicable, supersede, or apply in lieu of, any other
provision of applicable law, including but not limited to, any provision of this Article.
(b) The City may adopt and promulgate rules and regulations, in addition to those contained herein. Such rules and regulations, when promulgated, shall have
the same force and effect as if incorporated in this Article.
Sec. 11-241. – Compliance Monitoring.
(a) Compliance with this Article shall be monitored by the Wheat Ridge Police Department. The City may designate any number of authorized City officials to monitor compliance with this Article.
(b) All Licensed premises must be open to inspection by law enforcement or other
authorized City official(s) during regular business hours.
(c) From time to time, but at least two (2) times per year, the City will conduct compliance checks of all Licensees by engaging with persons under the Minimum Legal Sales Age of twenty-one (21) years of age to enter a Licensed
premise to attempt to purchase Tobacco Products.
(d) Prior written consent is required for any minor who participates in a compliance check on behalf of the City. Individuals participating in compliance checks will be supervised by law enforcement or other designated personnel and will not be guilty of illegal possession or illegal procurement when those items are
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obtained as part of the compliance check. The City shall not enforce any law establishing a minimum legal sales age for Tobacco Product purchases or for possession of tobacco products against an individual who otherwise would be
in violation of such law because of the individual’s age (hereinafter “Underage
Operative”) if the potential violation occurs when:
(1) the Underage Operative is participating in an inspection supervised by a peace officer, code enforcement official, or the Department designated
by the City to monitor compliance with this Article;
(2) the Underage Operative is acting as an agent of an individual, Department or group Designated by the City to monitor compliance with this Article; or
(3) the Underage Operative is participating in an inspection funded in part,
either directly or indirectly through subcontracting, by the Jefferson
County public health department, Colorado Department of Public Health and Environment or the Colorado Department of Revenue.
(e) Nothing in this section shall create a right of action in any Licensee or other party against the City or its agents.
Sec. 11-242. – Penalties, Suspension and Revocation of License.
(a) The City has the authority to suspend, restrict or revoke a License upon any
violation of these regulations or License requirements or any rule promulgated pursuant to these regulations.
(b) Any violation of the License requirements may be subject to suspension or revocation of the License. Each day that a violation exists shall be considered
a separate occurrence subject to penalties herein.
(c) Any complaint of a violation of the License requirements shall be referred to the Licensing Authority. If upon investigation by the City that a violation is found, a hearing on the violation will be held by the Licensing Authority or designee. Upon a determination that a violation has occurred, the Licensing Authority may
suspend, restrict or revoke a License.
(d) Suspension and Revocation Following Violation.
(1) Upon a finding by the Licensing Authority of a first violation of this Article within a three-year period at a Licensed location, a civil fine shall be
imposed in the amount of $500;
(2) Upon a finding by the Licensing Authority of a second violation of this Article within a three-year period at a Licensed location, the License shall be suspended for seven (7) days;
(3) Upon a finding of a third violation of this Article within a three-year period
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at a Licensed location, the License shall be suspended for thirty (30) days;
(4) Upon a finding of a fourth violation within a three-year period of this
Article at a Licensed location, the License shall be suspended for one (1) year;
(5) Upon a finding of five violations within a three-year period of this Article at a Licensed location, the License shall be revoked, and the Licensee
shall be deemed ineligible to apply for a License for two (2) years.
(e) In addition to any other penalty authorized by law, a License shall be suspended or revoked if a court of competent jurisdiction determines, or the Licensing Authority based on a preponderance of the evidence, after the Licensee is afforded notice and an opportunity to be heard, that the Licensee, or any of the Licensee’s agents or employees, has violated any of the
requirements, conditions, or prohibitions of this Article or has pleaded guilty, “no contest” or its equivalent, or admitted to a violation of any provision of this Article.
(f) No fee previously paid by a Licensee in connection with the application shall be refunded if such License is suspended or revoked.
(g) The removal of all Tobacco Products from public view is required during any period in which the License is suspended or revoked.
(h) When a License has been revoked no new License shall be issued to the same Licensee for the period of two (2) years after revocation pursuant to Sec. 11-242(d)(5).
(i) A Tobacco Retail License shall be revoked if the Department finds, after the Licensee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a License under Sec. 11-237 existed at the time application was made or at any time before the License was issued. Such a revocation shall be without prejudice to the filing of a new License application.
(j) Any decision made by the Licensing Authority with respect to issuance, suspension, or revocation of a License pursuant to this Article shall be a final decision of the City and may be appealed to the district court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The applicant’s or Licensee’s (as applicable) failure to timely appeal the decision is a waiver the
applicant’s or Licensee’s right to contest the denial or conditional approval of the application.
Sec. 11-243. – Violations and Enforcement.
(a) A person required to have a valid License issued pursuant to this Article operating a business without a Tobacco Product Retail License shall be subject
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to prosecution in the municipal court pursuant to Sections 1-5 and 1-6 of the Code.
(b) For the purposes of enforcement of this Article:
(1) Each day that a Tobacco Product(s) is offered for sale is a separate violation.
(2) Each Tobacco Product(s) distributed, sold, or offered for sale in violation of this Article shall constitute a separate violation.
(c) In addition to other remedies provided by this Article or by other law, any
violation of this Article may be remedied by a civil action brought by the City,
including administrative or judicial nuisance abatement proceedings, and suits for injunctive relief.
(d) In any case in which the City prevails in a civil action initiated pursuant to this Section, the City may recover its reasonable attorney fees plus costs of the
proceeding.
(e) Whenever evidence of a violation of this Article is obtained in any part through the participation of an individual under the Minimum Legal Sales Age to purchase Tobacco Products (Underage Operative) such individual shall not be required to appear or give testimony in any civil or administrative process brought to enforce
this Article and the alleged violation shall be adjudicated based upon the
sufficiency and persuasiveness of the evidence presented.
(f) Businesses in violation of this Article are hereby declared to be public nuisances, and may be abated pursuant to Code Sections 15-5 through 15-12 as “offensive businesses.”
(g) All civil fines and license fees imposed under this Article, if not timely paid, may
be collected by the City pursuant to any of the procedures in Code Section 2-6.The Licensing Authority is hereby authorized to adopt rules and regulations to implement the provisions of this Article.
Section 3. Subparagraphs (a)(12) and (29)- (33), inclusive, of Section 9-23(a) of the of
the Code of Laws are amended to read:
(12) INDOOR AREAS OF food service establishments;
(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
(b) Shall prohibit entry by any person under TWENTY-ONE years of age and shall display signage in at least one (1) conspicuous place and at least four (4) inches by six (6) inches in size stating: "Smoking allowed. PERSONS under TWENTY-ONE years of age may not enter."
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(30) Hotel and motel rooms;
(31) Assisted living facilities, including nursing facilities, as defined in section 9-22 AND ASSISTED LIVING RESIDENCES;
(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 TWENTY-ONE years of age; and
(b) Shall display signage in at least one (1) conspicuous place and at
least four (4) inches by six (6) inches in size stating either:
(1) "Smoking allowed. PERSONS under TWENTY-ONE 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. PERSONS under TWENTY-ONE
years of age may not enter."
Section 4. Section 9-24(a)(3) of the Code of Laws, previously permitting smoking in certain hotel and motel rooms, is repealed.
Section 5. Section 9-24(a)(7) of the Code of Laws, previously permitting smoking
in places of employment not open to the public, is repealed.
Section 6. Section 9-25 of the Code of Laws is repealed and reenacted in its entirety to read:
The owner or manager of any place otherwise exempted under Section 9-24 may post signs prohibiting smoking. Such posting shall have the effect of including such place
in the places where smoking is prohibited or restricted pursuant to Section 9-23.
Section 6. Section 16-176(a) of the Code of Laws is amended to read:
Sec. 16-176. Furnishing cigarettes to minors.
(a) Unlawful. It is unlawful for any person to sell, give or distribute cigarettes
TOBACCO products to any person under the age of sixteen (16) TWENTY-ONE (21) years.
Section 7. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not
be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 8. Effective Date. This Ordinance shall take effect on July 1, 2021, as permitted by Section 5.11 of the Charter.
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INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 22nd day of March 2021, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final
passage set for April 12, 2021, as a virtual meeting.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___to __, this ____ day of ________________ 2021.
SIGNED by the Mayor on this ______day of ____________2021.
______________________
Bud Starker, Mayor ATTEST:
Steve Kirkpatrick, City Clerk Approved as to Form
______________________________ Gerald E. Dahl, City Attorney
First Publication: March 25, 2021
Second Publication: April 15, 2021 Jeffco Transcript Effective Date: July 1, 2021
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City of Wheat Rid ge, Colorad o7500 West 29th AvenueWheat Rid ge, CO 80033-8001 303.234.5900
City Council District MapA Tob acco License Im p act Stud y
Tob acco Retailer
School P rop erty
P arks
500' Buffer
1000' Buffer
District I
District II
District III
District IV
CC District Bound ary
Source: G:\GIS\P rojects\FY2020\Oct-Dec \FY0050_ADM_SchoolTob ac coBuffer\d ata\MX D\Tob accoRetailerMap .m xd
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DISCLAIMER NOTICE:This is a p ictorial rep resentation of geograp hic and d em ograp hic inform ation. Reliance up on the accuracy, reliab ility and authority of this inform ationis solely requestor’s resp onsib ility. The City of Wheat Rid ge,in Jefferson County,Colorad o - a p olitical sub d ivision of the State of Colorad o, has com p iled for itsuse certain com p uterized inform ation. This inform ation is availab le to assist in id entifyinggeneral areas of concern only. The com p uterized inform ation p rovid ed should only b erelied up on with corrob oration of the m ethod s, assum p tions, and results b y a qualifiedind ep end ent source. The user of this inform ation shall ind em nify and hold free the City of Wheat Rid ge from any and all liab ilities, d am ages, lawsuits, and causes of action that result as a consequence of his reliance on inform ation p rovid ed herein.
Created By: Annab el Montoya - GIS Analyst, P rinted Decem b er 7, 2018
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