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HomeMy WebLinkAbout02-12-2024 City Council Meeting AgendaAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO February 12, 2024 6:30 pm This meeting will be conducted as a virtual meeting, and in person, at 7500 West 29th Avenue, Municipal Building City Council members and City staff members will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival. 2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on February 12, 2024) 3. Virtually attend and participate in the meeting through a device or phone: • Click here to pre-register and provide public comment by Zoom (You must preregister before 6:00 p.m. on February 12, 2024) 4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES City Council Meeting Minutes, January 22, 2024 City Council Special Study Session Notes, January 22, 2024 APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES 1. Master Municipal Clerk Presentation – Deputy City Clerk Robin Eaton PUBLICS’ RIGHT TO SPEAK a. Public may speak on any matter not on the Agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when directed by the Mayor. b. Members of the Public 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. Members of the Public 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 to approve the purchase of salt materials for snow and ice control on city streets from Independent Salt Company in a total amount not to exceed $140,200 b. Motion encumbering funds in the amount of $136,500 for bulk fuel purchase and delivery from Senergy Petroleum in 2024 c. Motion encumbering funds in the amount of $180,000 for utilization of the WEX fuel card system in 2024 d. Motion to award a custodial services contract and approve subsequent payments in an amount not to exceed $419,350 to S&B Confluence d/b/a Jani-King of Colorado and approve a contingency in the amount of $10,000 for unforeseen custodial expenses e. Motion to approve the purchase and payment of two Ford Expedition SSV Police Patrol vehicles in a total amount not to exceed $113,140 f. Motion to cancel the March 11, 2024, City Council Meeting PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No. 01-2024 – an ordinance approving the rezoning of property located at 10390 W. 38th Avenue from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N) 3. Council Bill No. 02-2024 – an ordinance vacating any interest held by the City in a portion of west 46th Avenue between Everett and Estes Streets ORDINANCES ON FIRST READING 4. Council Bill No. 03-2024 – an ordinance amending Articles V and XI of Chapter 26 of the Wheat Ridge Code of Laws, concerning bicycle parking and storage requirements, and making conforming amendments therewith 5. Council Bill No. 04-2024 – an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning Electric Vehicle (EV) Parking and Charging requirements, and making conforming amendments therewith DECISIONS, RESOLUTIONS, AND MOTIONS 6. Resolution No. 06-2024 – a resolution in support of Democracy 7. Motion approving the revised Council Rules of Order and Procedure dated February 12, 2024 CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  January 22, 2024  Note:    This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Eight members of Council were present in Council Chambers for this session.  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 6:31 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Jenny Snell Scott Ohm         Rachel Hultin   Dan Larson Amanda Weaver     Korey Stites       Leah Dozeman Janeece Hoppe excused herself this evening. Also present: City Manager, Patrick Goff; Deputy City Manager, Allison Scheck; City Attorney Gerald Dahl; City Clerk, Steve Kirkpatrick; Director of Parks and Recreation, Karen O’Donnell; Director of Public Works, Maria D’Andrea; Director of Community Development, Lauren Mikulak, other staff, guests and interested citizens.  APPROVAL OF MINUTES • City Council Meeting Minutes of January 8, 2024 The above Minutes were approved one minor correction. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. PROCLAMATIONS AND CEREMONIES Proclamation – Black History Month Mayor Starker recognized February as Black History Month where it is an annual celebration of achievements by Black Americans. Where recognition of their central role in U.S. history is given, and it is a time to reflect on the continued struggle for racial justice and equality. Swearing in of Senior Deputy City Clerk, Margy Greer Mayor Starker introduced Sr. Deputy Clerk Margy Greer and spoke about her accomplishments. City Clerk Kirkpatrick then administered the oath of office Ms. Greer into her new position, Senior Deputy City Clerk.. PUBLIC’S RIGHT TO SPEAK Elisa White, W. 39th Place, Wheat Ridge, called to seek help with the noise emanating from the shooting range on 38th Avenue in East Wheat Ridge. Note about Wheat Ridge Speaks: Members of the Public 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 WR Speaks for this session of Council. CONSENT AGENDA Nothing tonight PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Nothing tonight PUBLIC HEARINGS AND ORDINANCES ON FIRST READING Nothing tonight DECISIONS, RESOLUTIONS AND MOTIONS 1. Motion to approve an appointment to the Wheat Ridge District IV Planning Commission CM Dozeman introduced the Motion. Issue On September November 9, 2023, Dan Larson from District IV resigned from the Planning Commission effective immediately, to accept a position as a City Council Member. The vacancy was posted on the City of Wheat Ridge web site and promoted through various channels from November 13 to January 12. Applications have been compiled for the Council’s review so that the seat may be filled. Staff Presentation There was none. Public Comment No one came forward to speak. Council Questions and comments There were none on this item. Motion by CM Dozeman to appoint Michael Moore to the Planning Commission, term to expire March 02, 2026, seconded by CM Larson, motion carried 7-0. 2. Resolution No. 05-2024 – a resolution amending the 2024 Open Space budget to reflect the approval of a supplemental budget appropriation in the amount of $65,000 for the purpose of accepting funds from the Colorado Department of Public Health and Environment for Mile-High Youth Corps work along the greenbelt. CM Snell introduced Resolution 05-2024. Issue The City received funding from the Colorado Department of Public Health and Environment (CDPHE) Supplemental Environmental Program for Mile High Youth Corps work in 2024. The funding was received in 2023 after the 2024 budget was finalized. A budget supplemental is required to ensure the funds can be used in 2024 for fuel reduction work along the Greenbelt. Staff Presentation Parks & Recreation Director, Karen A. O’Donnell gave a brief presentation which included the background of how for the second year, the City has received external funds for Mile High Youth Corps work along the Greenbelt. Sawyer crews facilitated a 6- week fuel reduction program in 2023 along the Greenbelt from approximately Anderson Park west to Prospect Park, which was paid via GOCO grant funds. In 2024, the Mile High Youth Corps sawyer crews will be back to manage the areas between Wadsworth Blvd. and Anderson Park and between Prospect Park and Youngfield St. through the CDPHE funding. Where in late August of 2023, the City received $65,000 from CDPHE to fund 2024-Mile-High Youth Corps work. The funds were deposited into Fund 32 revenue (32-520-00-549). This budget supplemental will appropriate these funds with the appropriate expense line for the 2024-Mile-High Youth Corps work (32-601-800-870) and she recommends the approval of this resolution to properly account for grant funds received in 2023. Afterwards she stood by to answer any questions. Public Comment No one came forward to speak. Council Questions and comments CM few comments as this matter is familiar to them. Motion by CM Snell to approve Resolution 05-2024 – a Resolution amending the 2024 Open Space budget to reflect the approval of a supplemental budget appropriation in the amount of $65,000 for the purpose of accepting funds from the Colorado Department of Public Health and Environment for Mile-High Youth Corps work along the greenbelt, seconded by MPT Stites, motion carried 7-0. During discussion of the motion CM Hultin explained why she strongly supports this motion 3. Motion to approve the purchase and payment of an International snowplow truck and an Elgin street sweeper in a total amount not to exceed $517,515. CM Larson introduced the Motion. Issue Each year, the city identifies a proposed list of vehicle replacements within the city fleet. In 2024, a snowplow truck and a street sweeper are scheduled for replacement. Staff recommends the purchase of a 2024 International snowplow truck, under a Colorado Department of Transportation agreement, at a cost of $159,617 and an Elgin street sweeper, under a Sourcewell Cooperative Agreement, at a cost of $357,898. Staff Presentation Director of Public Works, Maria D’Andrea presented details to Council on how the City vehicle replacement policy, revised by the City Council in 2011, is utilized to determine replacement eligibility. This policy provides replacement guidelines that consider long- term effective service life and costs for budgeting purposes. Among the guidelines considered are high/rising maintenance and repair costs, operating costs, excessive downtime of equipment, parts or service availability, poor utilization, etc. These two vehicles met the qualifications in the replacement policy. A snowplow truck (Unit #253) will be replaced with an International truck consisting of a tandem axle cab and chassis. This vehicle will likely not be built until sometime in late- 2024 or 2025 so the purchase of the snowplow equipment to outfit the truck is planned for the 2025 budget. A regenerative street sweeper (Unit #265) will be replaced with an Elgin Crosswind I Regenerative Air Street Sweeper. The existing vehicles will be taken to auction. Afterwards she stood by to answer any questions. Public Comment No one came forward to speak. Motion by CM Larson to approve the purchase and payment of an International snowplow truck and an Elgin street sweeper in a total amount not to exceed $517,515, seconded by CM Stites, motion carried 7-0. MPT Stites asked what will happen to the retiring vehicles. Staff answered that we will submit them to public auction. CM Hultin asked for clarification on some of the features and capabilities of the new equipment. CM Larson asked about the plan and timeline for the transition of equipment from the old to the new. Staff gave a detailed reply. CITY MANAGER’S MATTERS Next meeting is Study Session on February CITY ATTORNEY’S MATTERS Nothing tonight ELECTED OFFICIALS’ MATTERS CM Snell reminded all of the point in time count of people experiencing homelessness and how important this data gathering is. She also thanked and recognized staff for their efforts to orient her and CM Larson. CM Hultin reported that on February 2 there will be a special event at Happiness Gardens to celebrate the value to our residents. On Thursday February 8 there will be a meeting about pedestrian and cyclist safety. She recognized public works for their work after the recent snowfalls. She also reported on conversations with D II residents who are annoyed and worried about traffic patterns that changed with the new Wadsworth construction. She asked about ingress and egress to a shopping center in that same area; she expressed concern about the impact on those businesses. CM Hultin asked for another Counselor to sponsor a resolution supporting democracy and several CM agreed to support that effort. CM Dozeman recognized the WR PD for their excellent work in investigating the robbery and murder that occurred last in 2023 and congratulated them on their arrest of alleged perpetrators. She also expressed her excitement with an event on January 25 at 5 pm at Art Centric. Local Works will soon offer tours of the new Maker Space. She reported that she and CM Larson are planning several events to connect with the residents of District IV. She commented on the upcoming opening of new affordable homes later this month, at the Miller homes this Saturday, January 27, and her excitement to attend it. CM Larson thanked staff for the on-boarding orientation new CM received. There is a video on cybersecurity available to us all and he encouraged all to watch it. CM Weaver asked for staff report on the caller’s complaint about the Silver Bullet shooting range. She asked what we can do to help reduce the sound emanating from that business. Mr. Goff gave a detailed reply. CM Weaver also opined that the National Western Stock Show and Rodeo was a smashing success and a great turnout. CM Ohm will be attending the Maker Space tour even though he was there a while ago. MPT Stites welcomed Third Shot Pickleball to WR and explained why he could not attend the ribbon cutting. He was not available because he served on a jury recently in Jefferson County District Court and enjoyed it. If you can find it in Wheat Ridge, buy it here. Mayor Starker also thanked and welcomed Third Shot Pickleball. He also welcomed Margy Greer, our new Senior Deputy Clerk. He commented again on Black History Month in February and its importance to our city. School is back in session, so please, drive slowly and carefully. ADJOURNMENT The meeting adjourned at 7:05 pm. APPROVED BY CITY COUNCIL ON February 12, 2024 _________________________________ Steve Kirkpatrick, City Clerk _________________________________ Korey Stites, 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. Special Study Session – City Council CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue January 22, 2024 Upon adjournment of the Regular City Council Meeting, and after a short recess, the Mayor called this Special Study Session to order at 7:06 p.m. This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. After calling the meeting to order, presiding official Mayor Starker stated the rules and procedures necessitated by this meeting format. Mayor Starker welcomed the Council, other elected officials, staff and interested citizens. The Mayor also explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council Members present: Janeece Hoppe, Scott Ohm, Jenny Snell, Korey Stites, Amanda Weaver, Leah Dozeman, Dan Larson, and Rachel Hultin. Also, present: City Manager Patrick Goff; City Attorney Gerald Dahl; Deputy City Manager, Alli Scheck; City Clerk, Steve Kirkpatrick; Director of Community Development, Lauren Mikulak; other staff, guests and interested citizens. Public’s Right to Speak No one came forward 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. There were no citizen comments entered into Wheat Ridge Speaks related to this session, 1. 38th West Street Improvement Project, Youngfield Street to Kipling Street Issue In March 2023, the city began a planning study of the 38th Avenue corridor between Youngfield Street and Kipling Street with the goals of improving the roadway to accommodate pedestrians and bicyclists while still accommodating vehicular traffic as well as providing improved stormwater drainage. The study will combine public input with technical analysis to develop a recommended alternative for the corridor. The final deliverables will be conceptual plans and a preliminary cost estimate. Staff Report Infrastructure Project Manager, Mark Westberg, gave a detailed presentation and explanation of the Improvement Project and background where the intent of this planning study is to develop conceptual plans for the addition of bicycle and pedestrian facilities along 38th Avenue from Youngfield Street to Kipling Street. To accomplish this, the city hired Ayres, an engineering and planning firm, to provide analysis and design and vet various alternatives with the public. He spoke on other topics that included the top three priorities for the corridor, identified by the public during the first round of public outreach, which were: • Enhance pedestrian safety. • Provide comfortable bicycle facilities. • Resolve drainage problems. He reported that based on this feedback as well as the results of the traffic analysis, the Ayres team prepared three conceptual alternatives: 1. Shared use path on the north side and sidewalk on the south side 2. Shared use path on the south side and sidewalk on the north side 3. Sidewalks on both sides and on-street bike lanes Where the key takeaways and common themes from the second round of public outreach include: • Separate travel modes by speed, i.e. separate bikes, and scooters from pedestrians • Provide connections to regional destinations such as the Recreation Center • Preserve the existing character and feel of the street. • Preserve trees. • Improve roadside drainage. • Provide traffic calming to slow speeds and enhance safety. • Underground overhead utility lines. Mr. Westberg reported that, generally, Alternatives #1 and #3 were the most preferred by all participants. Based on the screening matrix prepared for the public meetings, Alternative 3 scored the highest. He finished by saying that given the direction from the City Council, the next steps will complete the traffic analysis by finalizing the locations that might need either left turn lanes or roundabouts and prepare the conceptual plans and a preliminary cost estimate, and then gave a calendar of dates when this topic will next be presented for outreach. Mr. Westberg requested the City Council to provide consensus on the recommended approach and then stood by to answer questions. Councilmember questions and comments: CM Weaver commented that she strongly supports Option 3 in the staff report, as a resident and business owner on W. 38th Avenue. She asked about undergrounding utilities and how feasible that would be. Staff gave a detailed answer. CM Hultin expressed her excitement for the project. She prefers Option 3 and explained why she prefers that opinion. She then asked about lighting at transit stops along this project area. Staff gave a specific answer. CM Hultin also asked about speeding along W 38th Avenue and using new standards to study the speed. Then she asked about an art project along the avenue. Staff made detailed comments. Then she asked about designing bike lanes and sidewalks to avoid disturbing trees along that beautiful canopy of mature trees. Again, staff gave a detailed answer. She supports the staff recommendation. CM Ohm also supports Option 3 and explained why. He also expressed concern about saving as many trees along the corridor as possible. He hopes the value of the trees is included in any calculus about the cost of the project and special efforts to save trees. He also asked that staff consider traffic rotaries whenever feasible because they reduce accidents. CM Larson asked detailed questions about the history of this project and its genesis. Mr. Westbrook again gave a detailed answer. CM Larson then asked about a pedestrian and cyclist count as part of the overall traffic analysis. Mr. Westbrook gave a detailed reply. CM Larson asked about the $25 million price tag for this project and how much of the Prop 2J funding will still be available for other projects with the $75 million voters approved in November. Another detailed answer followed from Mr. Westbrook. CM Dozeman commented she understands the optimization of engineering design and the cost for that consulting service. She believes that one of our top priorities for this project is safety, especially cyclists. As a motorist she understands how important it is to carefully plan for safety, even if the cost increased. She would prefer a shared use path from a safety standpoint. Mr. Westbrook commented on staff’s analysis of this problem. CM Stites also supports Option 3. He attended a meeting of residents at which they expressed the same opinion. He had questions about where specific facilities will be located to avoid untoward impacts on residences and other building along the corridor. CM and Mayor Starker thanked the staff for all of their hard work in preparing for this update. Mayor Starker then asked if there are other sources of funding for this project in addition to the 2J funds. Mr. Westbrook reviewed the staff’s research into all possible sources of funding other than the City and 2J and explained that there are several opportunities for further study. CM Snell also supports Option 3. She opined that it will be important to continue collecting residents’ comments and feedback on the design and construction. CM Hultin then opined about the multiple use design and its disadvantages of putting pedestrians, dogs, children and cyclists in the same space. She also recalled that there are no through streets from 32nd Ave to 44th Ave, so this design needs to accommodate the traffic volume and safety of children. Some parents will now let their children cross an avenue to enjoy a City park. CM Dozeman asked for an explanation of what is included in the $2.4 million cost for design. Ms. D’Andrea gave a detailed answer. MPT Stites proposed a consensus to direct staff to return to Council with further specifics on implementing Option 3. Consensus achieved. 2. Review of Council Rules of Order and Procedure Issue The Charter of the City of Wheat Ridge provides that the Council may determine its own rules of procedure for meetings. Section VII.B of these Rules states “These Rules may be amended, or new Rules adopted by a majority vote of City Council Members present at a Regular or Special Meeting, provided that the proposed amendments or new Rules shall have been submitted in writing to City Council at a preceding meeting or a Study Session. Any City Council Member, or the Mayor, may initiate an amendment of these Rules in the manner provided for initiation of Agenda Items by Rule V.D. These Rules shall be reviewed and revised by the City Council as needed and as provided for herein.” Attached are the current Rules, effective February 13, 2023. Council may consider amendments to these Rules at this time. In response to the antisemitic comments received at the November 13, 2023 City Council meeting, the City Attorney drafted the attached memo “Hate speech in the public forum: options for local governments.” Mr. Dahl provided several options for City Council to consider regulating the time, place, and manner of public comment. Staff Report City Attorney, Gerald Dahl provided an introduction on the topic of the publics right to speech which takes place at the beginning of regular City Council meetings. Speakers can zoom or call in to deliver comments, in addition to those present in the Council chambers. He presented a list of potential actions the City might take to govern this part of the agenda, within the limitations necessarily imposed by the First Amendment to the United States Constitution and case law construing it. The list has been materially enhanced by responses to a listserv post I placed with the municipal attorneys listserv sponsored by CML. Mr. Dahl spoke on topics that included: • First Amendment case law • Speech given in a public forum. • Intermediate scrutiny • Limited public forum He also spoke on topics of times, places and manner of restrictions which can be placed on the opportunity for public comment. Some of those being: 1. Sign in requirements 2. Identification requirements 3. Limit total time for public comment 4. Move public comment to the end of the meeting. 5. Restrict public comment to agenda items only. 6. Written comments in lieu of spoken public comment on non-agenda items. 7. Limit or eliminate the right to donate time. He finished by addressing Counter speech where public officials and other members of the public certainly have the same right to speak out and contradict hate speech. This can and does occur during Councilmember comments at the end of the meeting. The tradition has been to not immediately respond to public comment at the beginning of the meeting, but this rule could be changed to allow Councilmembers to affirmatively push back and identify public comments as having been false, hate speech, antisemitic, or any other unsavory category. The Council must balance this opportunity against the potential for the meeting to become a form of shouting match, which undercuts the main purpose of the meeting itself. Mr. Dahl then stood by to answer questions. Councilmember questions and comments: CM thanked staff for their well prepared and informative presentation. CM, the Mayor and the City Attorney then engaged in a detailed discussion of Council Rules and how to achieve the desired outcomes with potential changes. CM supported removing the right to yield time from one speaker to another during Public’s Right to Speak. They also supported not re-broadcasting Council meeting comments like the ones heard on November 13, 2023. There was also discussion of allowing only spoken comments (without any slides or other AV). MPT Stites proposed a series of consensuses to ask the City Attorney propose specific revisions to Council Rules with options for language to adopt consistent with this discussion, including: 1. Eliminating the yielding of time by one speaker to another speaker during Public’s Right to Speak; 2. Addressing the archiving and rebroadcasting of video records if hate speech or threatening comments occurs; 3. Elect the Mayor Pro-Tem at the first Council regular meeting in January each year; 4. Changing the rules of order, we use from Robert’s Rules of Order to Bob’s Rules of Order; 5. Changing the parliamentarian function from the MPT to the Mayor; 6. Limit Public’s Right to Speak to spoken words and handouts only; no AV/slides. 7. Clarify that there is no limit to the number of speakers during Public’s Right to Speak but grant the Mayor the right to either limit the total time for speakers, limit the time for each speaker to less than 3 minutes, or limit the number of speakers generally or to comments on a specific topic or agenda item. 8. Restrict the MPT power to call a Study Session to reasonable times and days at the convenience of other Councilmembers. Consensuses achieved. 3. Staff Report(s) There is a process underway to find a new Municipal Judge. Would CM like one of their members to sit on that selection committee. 4. Elected Officials’ Report(s) Nothing more. ADJOURNMENT The Special Study Session adjourned at 8:53 pm. APPROVED BY CITY COUNCIL ON February 12, 2024 _________________________________ Steve Kirkpatrick, City Clerk _________________________________ Korey Stites, Mayor Pro Tem ITEM NO: 1a DATE: February 12, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE PURCHASE OF SALT MATERIALS FOR SNOW AND ICE CONTROL ON CITY STREETS FROM INDEPENDENT SALT COMPANY IN A TOTAL AMOUNT NOT TO EXCEED $140,200 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Director of Public Works City Manager ISSUE: The city purchases and applies deicer materials each year as part of its snow and ice control efforts. The city has participated in a cooperative bidding process through the Colorado Multiple Assembly of Procurement Officials (MAPO) to obtain the best pricing. The city will utilize a City of Fort Collins contract with Independent Salt Company to purchase materials for 2024 in an amount not to exceed $140,200. PRIOR ACTION: N/A FINANCIAL IMPACT: Funds for the purchase of these materials are included in the Public Works Department Operating Budget, Account Number 01-303-650-660, Operating Supplies. BACKGROUND: The Public Works Department is responsible for performing snow and ice control on city streets. The Department takes a proactive approach by applying granular deicing materials prior to and during snowstorm events to prevent the formation of ice and accelerate the melting of snow. Council Action Form – 2024 Salt Purchase February 12, 2024 Page 2 The city minimizes the use of sand for snow and ice control as it contributes to the amount of small particulate matter in the air. Granular deicers consist of a product called Ice Slicer, which is a complex rock salt material as well as common sodium chloride (salt). Periodically, the Colorado Multiple Assembly of Procurement Officials (MAPO) will solicit member agencies estimated needs for salt materials and issue one cooperative request for bids. Vendors provide a cost per ton for each agency, based on the agencies’ estimated quantities and other factors such as delivery, location, etc. This year, the City of Fort Collins entered a contract with three vendors for salt materials. The Fort Collins contracts allow other public agencies to purchase off the award of that bid as a cooperative user. Independent Salt Company provided the lowest bid price for the City of Wheat Ridge at $79.44 per ton. The price reflects the cost to both supply and deliver the material to the Public Works Shop. Most city facilities cannot hold all the material used in a typical year. Therefore, the contract allows each agency to order delivery of materials, as needed. RECOMMENDATIONS: Staff recommends utilizing the City of Fort Collins contract with Independent Salt Company to purchase salt materials for snow and ice control for a not-to-exceed amount of $140,200. RECOMMENDED MOTION: “I move to approve the purchase of salt materials for snow and ice control on city streets from Independent Salt Company in a total amount not to exceed $140,200.” or, “I move to deny the approval of the purchase of salt materials for the following reason(s): __________________.” REPORT PREPARED/REVIEWED BY: Maria D’Andrea, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Fort Collins Contract with Independent Salt Company 2. Bid Tally Sheet Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 1 of 17 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Independent Salt Company, a(n) Kansas Corporation, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of four (4) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence July 15, 2023, and shall continue in full force and effect until July 14, 2024, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least ten (10) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Service Provider shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Notices. All notices provided under this Agreement shall be effective immediately when emailed or three (3) business days from the date of the notice when mailed to the following DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 2 of 17 addresses: Service Provider: City: Copy to: Independent Salt Company Attn: Christopher Tully 1126 20th Rd Kanopolis, KS 67454 chris@indsalt.com City of Fort Collins Attn: Steve Varnell PO Box 580 Fort Collins, CO 80522 svarnell@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests for contract interpretations, change order, and other clarification or instruction shall be directed to the City Representative. The initial City Representative for this agreement is Steve Varnell and can be reached at svarnell@fcgov.com. The Representative is subject to change by the City. 7. Compensation. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, as per the attached Exhibit B, consisting of four (4) pages, and incorporated herein by this reference. Invoices shall be emailed to invoices@fcgov.com with a copy to the City Representative. The cost of the work completed shall be paid to the Service Provider following the submittal of a correct itemized invoice by the Service Provider. The City is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The City pays invoices on Net 30 days from the date of the invoice. 8. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 9. Independent Service Provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 10. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the City, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 3 of 17 the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. Irrespective of any subcontractors named in Exhibit A, Service Provider shall be solely responsible for performance of all duties hereunder. 11. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 12. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 13. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period, the longer of; i.) The original manufacturer’s warranty term; or ii.) beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired, or replaced by Service Provider in a manner and at a time acceptable to City. 14. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 15. Remedies. In the event a party has been declared in default, such defaulting party shall be DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 4 of 17 allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail themselves of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 16. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 17. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting of one (1) page attached hereto, and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Purchasing Director, purchasing@fcgov.com or P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 18. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution, and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 5 of 17 19. Utilization by Other Agencies. The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for the City of Fort Collins in connection with the exercise of any rights hereunder, and neither party shall have any right or authority to assume or create any obligation or responsibility on behalf of the other. The other Agency shall be solely responsible for any debts, liabilities, damages, claims or expenses incurred in connection with any agreement established between them and the Service Provider. The City’s concurrence hereunder is subject to the Service Provider’s commitment that this authorization shall not have a negative impact on the work to be completed for the City. 20. Prohibition Against Unlawful Discrimination. The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, affirmatively ensures that for all contracts entered into with the City, disadvantaged business enterprises are afforded a full and fair opportunity to bid on the contract and are not to be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its Service Providers to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party Service Providers and their subcontractors at every tier. 21. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 22. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 6 of 17 23. Dust Control. [Optional] The Service Provider shall abide by the City of Fort Collins “Dust Control and Prevention Manual,” which is available for public download at https://www. fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this reference. The City of Fort Collins has implemented this manual for all projects performed for the City of Fort Collins or located within the City of Fort Collins City limits. 24. Force Majeure. No Party hereto shall be considered in default in the performance of an obligation hereunder to the extent that performance of such obligation is delayed, hindered, or prevented by force majeure. Force majeure shall be any cause beyond the control of the defaulting Party which could not reasonably have been foreseen and guarded against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference by civil or military authorities, compliance with regulations or orders of military authorities, and acts of war (declared or undeclared), provided such cause could not have been reasonably foreseen and guarded against by the defaulting Party. Force majeure shall not include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 25. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D - Confidentiality, consisting of one (1) page, attached hereto, and incorporated herein by this reference. [Signature Page Follows] DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 7 of 17 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: Independent Salt Company By: Printed: Title: Date: DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 Sales Manager 7/27/2023 Chris Tully Assistant City Attorney 8/9/2023 Chief Deputy City Clerk Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 8 of 17 EXHIBIT A SCOPE OF SERVICES General: The City of Fort Collins, on behalf of MAPO Agencies, is requesting bids from firms for bulk road salt. Total approximate annual quantity of Rock Salt is 43,000 Tons and Solar Salt is 500 Tons. Renewable Contract: The Agreement will have an initial term of one (1) year. In addition, at the option of the City and the other participating MAPO Agencies, each MAPO Agency may extend their respective Agreements for additional one (1) year periods not to exceed two (4) additional one-year periods. Renewals and pricing changes shall be negotiated by and agreed to by the parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. Cooperative Purchasing: The City of Fort Collins allows other Public Agencies the opportunity, but not the obligation, to purchase off the award for this Bid at the option of the awarded Service Provider/s. Other Public Agencies that are members of the Colorado Multiple Assembly of Procurement Officials (MAPO) cooperative purchasing group in particular may contact the awarded Service Provider/s with a desire to participate in any resulting awards as a potential cooperative user. Participating Agencies (the “Agencies”) which may elect to participate at their discretion: Adams County Arapahoe County City of Arvada City of Aurora City of Brighton City of Fort Collins City of Golden City of Greeley City of Lakewood City of Loveland City of Northglenn City of Thornton City of Westminster City of Wheat Ridge El Paso County Pricing: The attached bid form must be completely filled out, listing delivered bulk salt prices/ton to each participating agency’s specific location and meeting their specific requirements. These prices must remain firm for the first year of the contract and any update to pricing may only be proposed at time of the annual contract renewal. Method of Award: This bid may be awarded to one or multiple Service Providers, based on best price to the City of Fort Collins and other participating Agencies. DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 9 of 17 I. ADDITIONAL CONTRACT TERMS 1. Each item on the bid must be bid individually, and the Agencies reserve the right to accept the lowest and best bid per item, combination of items, or all items combined, whichever is deemed in the best interest, and actual applications as appropriated by the Agencies. 2. Releases to be made as required throughout the period of the award. Consideration will be given to Service Providers with a favorable firm price period with no minimum release requirements. 3. Any deviation from this specification MUST be noted in detail, and submitted in writing on the Bid Form. Completed specifications should be attached for any substitutions proposed, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications, will hold the Bidder strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Bids, the Bidder's name should be clearly shown on each document. No deviation from the specification shall be binding upon any participating Agency unless made in writing and signed by authorized agents of each participating Agency. 4. Prices must remain in effect for first year of the contract. 5. Documented price changes shall be negotiated at the time of the annual agreement renewal upon written approval by the City of Fort Collins. Such proposed price changes must be submitted to the City of Fort Collins Project Manager & Senior Buyer at least sixty (60) days prior to the date of renewal. 6. The quantities listed are estimates and may increase or decrease as deemed necessary by the Agencies unless fixed quantities are stated. In the event of any emergency where quick delivery is a necessity and the successful bidder cannot meet the time constraints, the Agency may order from another Service Provider in order to meet that emergency only. 7. Over-shipments: Material shipped in excess of quantity ordered may be returned at the Bidder’s expense. 8. Vehicles shall not be operated on any roadway in excess of the legal weight limitation. The Service Provider shall be responsible for any and all fines incurred for being overloaded as well as any other safety or moving violations. Overweight trucks will not be accepted or unloaded. 9. All equipment must comply with city, county, state and DOT rules, regulations, requirements, etc. which apply. All operators must be properly licensed for the type of equipment being operated. Each Agency reserves the right to reject any improperly licensed equipment or operator. 10. This award shall be available for use by Local Governments and Public Agencies in the state of Colorado. DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 10 of 17 11. All orders will be in truck load quantities or railcars. 12. All prices quoted are to be F.O.B. destination. All salt to be bulk delivered as designated per attached sheets. No deliveries will be accepted on either Saturday or Sunday, unless permission has been previously granted by the ordering Agency. At least twenty-four (24) hours prior notice must be given before any delivery will be accepted at any destination unless the condition is waived by the political subdivision when the order is placed with the Service Provider. All deliveries must be accompanied by a certified weight ticket, otherwise the shipment may be refused. Unloading instructions will vary depending upon the need of each political subdivision and are given on the bid sheets in detail. Additional delivery instructions which do not affect the Service Provider’s cost may be included on the blanket purchase order. 13. A single blanket purchase order will NOT be issued by the City of Fort Collins on behalf of each participating Agency. Each Agency will initiate purchase order(s) to the Service Provider as required. If any problems arise in the performance of the resulting contract, the hosting Agency, City of Fort Collins, should be notified immediately and will reasonably assist in finding a resolution. 14. After October 15 of each year, all orders of one (1) to five (5) truck loads must be delivered within ten (10) working days, and orders of more than five (5) truck loads must be delivered within twenty (20) working days. For each day beyond those deadlines in which delivery is made, twenty-five dollars ($25) shall be deducted from any monies due the Service Provider, not as a penalty but as liquidated damages notwithstanding any act of God. In the event that the Service Provider fails, refuses or otherwise declines to perform in accordance with the terms of the agreement, the Agency may then purchase the road salt ordered from the Service Provider from any other source and the Service Provider shall be liable for the difference between the contract prices and the purchasing price of said material in addition to any liquidated damages that are due and owing the Agency. 15. In order to minimize the possibility of any single Service Provider being committed to delivering more road salt that he can effectively haul, Service Providers are asked to specify a maximum quantity of road salt which can be satisfactorily delivered to the Agencies on this bid invitation. If a Service Provider is the low responsive and responsible bidder for more salt than they have specified, they will be given the opportunity to select a subset of those Agencies to fit within their delivery capacity. 16. Should a bidder find discrepancies in, or omissions from the project specifications, or should be in doubt as to their meaning, please notify the City of Fort Collins Purchasing, Adam Hill, Senior Buyer at adhill@fcgov.com or (970) 221-6777. . DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 11 of 17 PRODUCT SPECIFICATIONS SPECIFICATIONS Rock Salt • Must meet AASHTO Specifications for Sodium Chloride M 143-74, Type 1, Grade 1 or Grade 2 as specified on the bid sheets. In addition, representative samples of delivered material must meet the following maximum moisture content requirements when dried to a constant weight at 105 C: • Salt must be mined rock salt and not evaporated sea salt. • Untreated Sodium Chloride - 2% maximum • Sodium Chloride with non-caking and/or anti-freeze additives - 3% maximum • Non-caking additive may be called for by the ordering agency and must meet the following specifications. Non-caking additive. Yellow Prussiate of Soda (YPS), or other approved chemical shall be uniformly added to the Sodium Chloride at a ratio of not less than 200 parts per million (200ppm) to produce a non-caking material when subjected to the following test: the materials shall be exposed to two (2) twenty-four moisture cycles from 3% minus moisture by weight to 25% plus moisture and back to 3% moisture. The addition of the YPS to the Sodium Chloride shall be done prior to stockpiling and shall be done in such a manner as to produce a uniform coating throughout all crystals. Solar/Evaporated Salt The salt specification shall meet the following minimum requirements: 1. Moisture Content – 5.0% Maximum 2. Insoluble Material – 1.0% Maximum 3. Gradation – Sieve Wt. % Size Passing 3/4" 100 #4 20 – 100 #8 10 - 60 #30 0 - 15 4. Anti-Caking agent will be included to insure that the material remains free from hard caking and suitable for its intended purpose. 5. Material must be clean and free from extraneous matter. The material must be homogenous or manufactured in such a manner to assure that the corrosion inhibitor, anti-caking agent and the chemical product does not segregate. 6. The salt shall be dried to a maximum moisture content of 5.0 % (percent by weight). Water in excess of 5.0% of dry salt weight will not be accepted. 7. Insoluble Residue - The salt shall have a maximum insoluble residue of 1.0 % (percent by dry weight). DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 12 of 17 EXHIBIT B BID SCHEDULE/ COMPENSATION The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price adjustments may only be negotiated and agreed to in writing at the time of renewal. DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 16 of 17 EXHIBIT C INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The Service Provider shall maintain during the life of this Agreement such General Liability as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The Service Provider shall maintain during the life of this Agreement such Automobile Liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 17 of 17 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 07/27/2023 Iron Insurance Partners 201 E Iron Avenue P.O. Box 1213 Salina KS 67402-1213 Lindsey Sturn (785) 825-0286 (785) 825-5098 lsturn@ironrisk.com Independent Salt Company PO Box 36 Kanopolis KS 67454 Federal Insurance Company 20281 Carolina Casualty Insurance Company 10510 22.23 All Lines A Y 37110044 11/01/2022 11/01/2023 1,000,000 1,000,000 5,000 1,000,000 2,000,000 2,000,000 A Y 78389735 11/01/2022 11/01/2023 1,000,000 A 0 79764048 11/01/2022 11/01/2023 5,000,000 5,000,000 B CCWC120810 12/31/2022 12/31/2023 1,000,000 1,000,000 1,000,000 City of Fort Collins is named as additional insured with regard to the general liability and auto liability. This is a revised certificate and supersedes any previously issued certificate. City of Fort Collins ATTN: Purchasing Department PO Box 580 Fort Collins CO 80522-0580 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCEDAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 BID: OPENING: CITY OF FORT COLLINS - ROCK SALT ($/Ton) CITY OF FORT COLLINS - SOLAR SALT ($/Ton) CITY OF THORNTON - ROCK SALT ($/Ton) CITY OF GOLDEN - ROCK SALT ($/Ton) ADAMS COUNTY - ROCK SALT ($/Ton) CITY OF WHEAT RIDGE - ROCK SALT ($/Ton) CITY OF AURORA - ROCK SALT ($/Ton) CITY OF WESTMINSTER - ROCK SALT ($/Ton) CITY OF BRIGHTON - ROCK SALT ($/Ton) ARAPAHOE COUNTY - ROCK SALT ($/Ton) CITY OF ARVADA - ROCK SALT ($/Ton) EL PASO COUNTY - ROCK SALT ($/Ton) CITY OF NORTHGLENN - ROCK SALT ($/Ton) CITY OF LAKEWOOD - ROCK SALT ($/Ton) CITY OF GREELEY - ROCK SALT ($/Ton) CITY OF LOVELAND - ROCK SALT ($/Ton) ADDENDUM 1 ACKNOWLEDGED ACKNOWLEDGEMENT COMPLETED $62.72 No Bid $85.93 $86.21 $86.58 $86.40 $85.96 $85.66 $85.02 $86.53 $83.44 $90.00 $87.49 $84.96 $90.09 $92.24 X X $123.74 $140.61 $120.75 $120.16 $143.20 $121.43 $122.79 $120.96 $120.25 $122.55 $120.10 $141.86 $120.98 $121.11 $121.88 $128.64 X X $68.65 No Bid $80.07 $80.65 $78.70 $79.44 $80.06 $80.35 $82.04 $83.60 $80.39 $103.90 $81.00 $80.35 $93.98 $92.89 X X No Bid $141.71 $133.13 $133.20 $132.30 $133.30 $132.36 $133.15 $133.40 $134.12 $133.15 $144.47 $141.11 $133.92 $138.45 $138.95 Blank X BID TALLY SHEET June 29, 2023 @ 3:00 PM MT9800 MAPO Salt BIDDER Central Salt LLC Compass Minerals America Inc Independent Salt Company Saltworx Inc. ATTACHMENT 2 ITEM NO: 1b DATE: February 12, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION ENCUMBERING FUNDS IN THE AMOUNT OF $136,500 FOR BULK FUEL PURCHASE AND DELIVERY FROM SENERGY PETROLEUM IN 2024 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _________________________ Director of Public Works City Manager ISSUE: The city provides on-site fuel tanks at the Public Works Shop to allow for fueling of city vehicles. Purchase and delivery of fuel is provided on a periodic basis from Senergy Petroleum of Arvada, Colorado. Senergy was selected as the preferred vendor based on a procurement process through the Colorado Multiple Assembly of Procurement Officials (MAPO) in 2022. This action will encumber funds in the amount of $136,500 for fuel purchases, including delivery to the Shop, in 2024. PRIOR ACTION: N/A FINANCIAL IMPACT: $316,500 is included in the 2024 for fuel costs within the Public Works operating budget, (G/L Account No. 01-303-650-661). $180,000 of this amount is recommended to be encumbered for the WEX Fuel Card Program. The remainder, $136,500, is recommended to be encumbered with Senergy Petroleum. BACKGROUND: Arapahoe County initiated a Request for Proposal (RFP) process in 2022, on behalf of MAPO, to provide bulk fuel with delivery, to member municipalities. The agreement was extended through July 31, 2024. Council Action Form – 2024 Fuel Purchase February 12, 2024 Page 2 On average, the city has used approximately 66,500 gallons of unleaded fuel and 11,550 gallons of diesel annually over the past five years. RECOMMENDATION: Staff recommends that the City Council approve an encumbrance of $136,500 for the purchase and delivery of fuel from Senergy Petroleum for 2024. RECOMMENDED MOTION: “I move to encumber funds in the amount of $136,500 for bulk fuel purchase and delivery from Senergy Petroleum in 2024.” or, “I move to deny an encumbrance for fuel purchases from Senergy Petroleum in 2024 for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Maria D’Andrea, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Arapahoe County Letter and Agreement Extension with Senergy Petroleum ATTACHMENT 1 1 AGREEMENT FOR SERVICES Project Number or Name: RFP-22-22_MAPO, Bulk Fuel Purchase and Delivery THIS AGREEMENT is entered into as of the 1st day of August, 2022 by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado (hereinafter referred to as the “County”) and Hill Petroleum (hereinafter referred to as the “Contractor”). WHEREAS, the County desires to engage the Contractor to provide the services described in Exhibit A. NOW, THEREFORE, the parties mutually agree as follows: 1.Scope of Services. Contractor agrees to perform the services described in Paragraph 1 of ExhibitA, which document is attached hereto and incorporated herein in its entirety. 2.Time of Performance. The services of the Contractor are to commence and be completed (orend) by the dates set forth in Paragraph 2 of Exhibit A, unless this Agreement is sooner terminated pursuant to Paragraph 4.A. below. All time limits are of the essence in this Agreement. 3.Method of Payment. The County will compensate the Contractor for services rendered inaccordance with Paragraph 3 of Exhibit A, subject to the availability of appropriated funds within the annual budget. Contractor is responsible for paying all applicable income, Federal Insurance Contributions Act (FICA), Federal Unemployment Tax Act, or other taxes owed on compensation paid under this Agreement. Contractor shall submit invoices in a form acceptable to the County and in conformance with the County’s policies. Contractor shall provide such backup information for its invoices as may be reasonably requested by the County. The County shall have forty-five (45) days from receipt of any accepted invoices to make payment to the Contractor. 4.General Terms and Conditions. A.Termination of Agreement. The County or the Contractor shall have the right toterminate this Agreement, with or without cause, by giving written notice to the other party of such termination and specifying the effective date thereof, which notice shall be given at least thirty (30) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Contractor pursuant to this Agreement shall become the property of the County, provided the Contractor has been paid for these services. Unless expressly stated otherwise in the notice, Contractor shall provide no further services in connection with this Agreement after receipt of a notice of termination, and the Contractor shall proceed to cancel all existing orders and contracts that are chargeable to the County under this Agreement. Contractor shall be entitled to receive compensation in accordance with this Agreement for any satisfactory services completed pursuant to the terms of this Agreement prior to the date of receipt of the notice of termination, or such other stop-work date as may be specified in the notice. Notwithstanding the above, the Contractor shall not be relieved of liability to the County for damages sustained by virtue of any breach of this Agreement by the Contractor. B.Changes. The County or Contractor may, from time to time, request changes in the scopeof services or compensation of the Contractor. Such changes that are mutually agreed upon between 2 the County and Contractor shall be in writing, and upon execution shall become part of this Agreement. To be effective, all changes must be signed by the Contractor and by the Board of County Commissioners, or by a person authorized by resolution to sign on behalf of the Board. C. Assignability or Subcontracting. Any assignment, transfer, or subcontracting of the Contractor’s rights, including rights to money due or to become due under this Agreement, or delegation of any duties under this Agreement or under any orders subject to this Agreement is prohibited, unless written consent is obtained from the County. D. Audit. The County and any of its duly authorized representatives shall have reasonable access to any books, documents, papers and records of the Contractor which are pertinent to the Contractor’s performance under this Agreement for the purpose of making an audit, examination, or excerpts. Contractor shall provide any documentation necessary to prepare all reporting required of or by the County, and shall keep all books, documents, papers, and records which are pertinent to the Contractor’s performance for a minimum period of three years, or such longer time as may be set forth in any Special Conditions or addendums to this Agreement. E. Equal Employment Opportunity. Pursuant to Colorado Revised Statutes § 24-34-402, as amended, while providing services under this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, religion, age, national origin, or ancestry. F. Ownership of Documents. All drawings, specifications, guidelines and other documents prepared or received by the Contractor in connection with this Agreement shall be the property of the County, provided the Contractor has been paid for these services. G. Assignment of Copyrights. Contractor assigns to the County the copyrights to all works prepared, developed, or created pursuant to this Agreement, including the rights to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public by sale, rental, lease, or lending; 4) perform the works publicly; and 5) to display the work publicly. Contractor waives its rights to claim authorship of the works, to prevent its name from being used in connection with the works, and to prevent distortion of the works. H. Governing Law/Forum/Interpretation. This Agreement has been executed by the parties hereto on the day and year first above written and shall be governed by the laws of the State of Colorado. Venue for any civil action relating to this Agreement shall be in Arapahoe County. Both parties agree that the rule that ambiguities in a contract are to be construed against the drafting party shall not apply to the interpretation of this Agreement. If there is any conflict between the language of this Agreement and any exhibit or attachment, the language of this Agreement shall govern. I. Compliance with Laws/Licenses and Permits. Contractor shall comply with all applicable federal, state and local laws, ordinances, regulations, and resolutions. Contractor shall be responsible for obtaining all licenses and permits necessary to perform the scope of services, at the Contractor’s expense, unless specifically stated otherwise in this Agreement. 3 J. No Waiver of Rights. The County’s approval or acceptance of, or payment for, services shall not be construed to operate as a waiver of any rights or benefits to be provided under this Agreement. No covenant or term of this Agreement shall be deemed to be waived by the County except in writing signed by the Board of County Commissioners or person authorized to sign by resolution of the Board, and any waiver of a right shall not be construed to be a waiver of any other right or to be a continuing waiver, unless specifically so stated. K. Non-appropriation. Pursuant to C.R.S. § 29-1-110, as amended, the financial obligations of the County as set forth herein after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise available. This Agreement is automatically terminated on January 1st of the first fiscal year for which funds are not appropriated. The County shall give the Contractor written notice of such non-appropriation. L. Conflict of Interest/Ethics. Contractor shall refrain from providing services to other persons, firms or entities that would create a conflict of interest for Contractor with regard to providing services pursuant to this Agreement. Contractor shall not offer or provide anything of benefit to any County official or employee that would place the official or employee in a position of violating the public trust in violation of Colorado Constitution Article XXIX, C.R.S. § 24-18-109, as amended, or the County’s Code of Ethics. M. Remedies. In addition to any other remedies provided for in this Agreement, and without limiting its remedies available at law, the County may exercise the following remedial actions if the Contractor substantially fails to satisfy the duties and obligations in this Agreement. Substantial failure to satisfy the duties and obligations shall mean significant insufficient, incorrect or improper performance, activities or inactions by the Contractor. These remedial actions are as follows: a. Suspend Contractor’s performance pending necessary corrective action as specified by the County without the Contractor’s entitlement to an increase in compensation or a time extension; and/or b. Withhold payment to the Contractor until the necessary services or corrections in performance are satisfactorily completed; and/or c. Deny payment for those services which have not been satisfactorily performed, or which, due to circumstances caused by the Contractor, cannot be performed, or if performed would be of no value to the County. The foregoing remedial actions are cumulative and the County, it its sole discretion, may exercise any or all of them individually or simultaneously. The County shall provide written notice to Contractor of its exercise of any of the foregoing remedial actions. N. Force Majeure. Neither the Contractor nor the County shall be liable for any delay in, or failure of performance of, any covenant or promise contained in this Agreement, nor shall any delay or failure constitute default or give rise to any liability for damages if, and only to extent that, such delay or failure is caused by “force majeure.” As used in this Agreement, “force majeure” means acts of God, acts of the public enemy, unusually severe weather, fires, floods, epidemics, quarantines, strikes, labor disputes and freight embargoes, to the extent such events were not the result of, or were not aggravated by, the acts or omissions of the non-performing or delayed party. 4 O.Third-Party Beneficiaries. It is expressly understood and agreed that the enforcement of thisAgreement and all rights of action relating thereto shall be strictly reserved to the County and the named Contractor. Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other third person. P.Survival of Terms and Conditions. Notwithstanding anything herein to the contrary, theparties understand and agree that all terms and conditions of the Agreement that anticipate continued performance, compliance, or effect beyond the termination date of the Agreement shall survive such termination date and shall be enforceable in the event of a failure to perform or comply. Q.Abilities, Qualifications, Experience, and Best Efforts. Notwithstanding anything to thecontrary contained in this Agreement, the County and Contractor agree and acknowledge that the County enters into this Agreement relying on the special and unique abilities of Contractor to perform the services and accomplish the tasks described. Contractor accepts the relationship of trust and confidence established between Contractor and the County by this Agreement. Contractor covenants with the County to use its best efforts. Contractor shall further the interests of the County according to the County’s requirements and procedures, and according to the highest standards and quality prevailing among those who perform work of a similar nature. R.Accuracy of Work. Contractor represents, covenants and agrees that its work will beaccurate and free from any material errors. 5.Insurance. In part to assure the County that the Contractor is always capable of fulfilling the specified indemnification obligations, the Contractor shall purchase and maintain insurance of the kind and in the minimum amounts specified below, unless indicated otherwise in Exhibit A. A.Contractor agrees to procure and maintain, at its own expense, for all services covered by this Agreement, the following policies of insurance: 1) Workers’ Compensation Insurance: Contractor shall maintain workers’ compensationinsurance covering the contractor for the performance of all services under this Agreement in accordance with applicable state laws, and employer’s liability insurance. Coverage shall include a waiver of subrogation in favor of Arapahoe County. Minimum Limits: Workers’ Compensation – statutory limits Employer’s Liability: $1,000,000 bodily injury for each accident $1,000,000 each employee for disease $1,000,000 disease aggregate The requirements of this provision shall apply to the Contractor and to all subcontractors. 2)Commercial General Liability: Contractor shall maintain commercial general liabilityinsurance covering all operations by or on behalf of the Contractor on an occurrence basis against claims for bodily injury, property damage (including loss of use), and personal injury. 5 Minimum Limits:  $1,000,000 each occurrence  $2,000,000 general aggregate with dedicated limits per project site  $2,000,000 products and completed operations aggregate Coverages:  Contractual Liability  Independent Contractors  Defense in addition to the limits of liability  Severability of Interests Provision  Products and completed operations coverage maintained for at least 2 years after completion of the project for construction contractors only  Additional Insured Endorsement issued to Arapahoe County, Colorado its officers, its agents, and its employees acting in the scope of their employment The requirements of this provision shall apply to the Contractor and to all subcontractors. 3) Automobile Liability: Contractor shall maintain business auto liability coverage covering liability arising out of any auto (including owned, hired and nonowned autos) used in connection with this Agreement: Minimum Limit:  $1,000,000 Combined Single Limit Each Accident Coverages:  Additional Insured Endorsement issued to Arapahoe County, Colorado its officers, its agents, and its employees acting in the scope of their employment The requirements of this provision shall apply to the Contractor and to all subcontractors. 4) Professional Liability Insurance. Errors and Omissions or Professional Liability Insurance is required. The required minimum amount of coverage is $ . 5) Cyber Liability Insurance. Cyber Liability Insurance is required. The required minimum amount of coverage is not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. The requirements of this provision shall apply to the Contractor and to all subcontractors. 6 B. The above-mentioned coverages shall be procured and maintained with insurers with an A- or better rating, as determined by Best’s Key Rating Guide. All coverages shall be continuously maintained during the term of this Agreement or as noted above to cover all liability, claims, demands, and other obligations assumed by the Contractor. C. Additional Insured status required above shall be primary and non-contributory with any insurance or self-insurance carried by the County. Contractor shall be solely responsible for any deductible losses under any policy required above. D. The policies shall provide that the County will receive notice no less than 30 days prior to cancellation, termination or non-renewal of the policies. E. Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Agreement by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations or types. F. Failure on the part of the Contractor to procure or maintain policies providing the required coverages, conditions and minimum limits shall constitute a material breach of contract upon which the County may immediately terminate this Agreement. 6. Insurance Certificates. A. Contractor shall, at the time of executing the Agreement, deliver to the County Certificates of Insurance as evidence that policies providing any and all required coverages and limits are in full force and effect. B. These certificates will serve as an indication to the County that the Contractor has acquired all necessary insurance; however, the County may require that certified copies of the insurance policies be submitted and may withhold payment for services until the applicable insurance policies are received and found to be in accordance with the Agreement. C. Insurance limits must be indicated on each Certificate of Insurance. Each Certificate of Insurance shall be reviewed and approved by the County prior to commencement of services under the Agreement. The certificates shall identify this Agreement and shall state the project number where applicable. 7. Indemnification. Contractor shall indemnify and hold harmless the County and its elected and appointed officials, officers, employees, agents, and assignees (the “Indemnified Parties”) from and against any and all losses, damages, liabilities, claims, suits, actions, or awards, including costs, expenses, and attorney’s fees, incurred or occasioned as a result of the acts or omissions of the Contractor, or its principals, employees, agents, or subcontractors arising out of or in any way connected with the performance of services under this Agreement. Contractor’s obligation to indemnify pursuant to this Paragraph, and to provide any extended insurance coverage where applicable, shall survive the completion of the scope of services, and shall survive the termination of this Agreement. 8. Independent Contractor. Contractor is an independent contractor. AN INDEPENDENT CONTRACTOR IS NOT ENTITLED TO WORKER’S COMPENSATION BENEFITS AND IS OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONIES EARNED PURSUANT TO THE CONTRACT RELATIONSHIP. Notwithstanding any provision appearing in this Agreement, all personnel assigned by the Contractor to provide services under the terms of this 7 Agreement shall be and remain at all times employees of the Contractor or employees of their respective employers for all purposes. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate, or otherwise objectionable. 9.Notices. Notices to be provided under this Agreement shall be given in writing and eitherdelivered by hand or deposited in the United States mail with sufficient postage to the addresses set forth in Paragraph 4 of Exhibit A. 10.Governmental Immunity. No term or condition of this Agreement shall be construed orinterpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, notice requirements or other provisions, of the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101 et seq. as applicable now or hereafter amended. There is no intent to waive or restrict governmental immunity. 11.Extent of Agreement. This Agreement, including any documents incorporated herein byreference, and any warranties express or implied, represents the entire and integrated agreement between the County and Contractor, and supersedes all prior negotiations, representations, or agreements, either written or oral. Any amendments to this Agreement must be in writing and be signed by both the County and Contractor. If any portion of this Agreement is found by a court of competent jurisdiction to be void and/or unenforceable, it is the intent of the parties that the remaining portions of this Agreement shall be of full force and effect. (SA Form, 7/6/22) IN WITNESS WHEREOF, the Parties hereto have executed this Agreement for Services. CONTRACTOR: Hill Petroleum By: (Signature) Title: Sr VP of Sales Date: 7/26/2022 ARAPAHOE COUNTY ·1 By:-:r~o~. Chair, Board of County Commissioners (Or representative authorized by resolution) 8 -------------------------------------- 1 EXHIBIT A to Agreement between the County and Hill Petroleum. Project Number or Name: RFP-22-22_MAPO, Bulk Fuel Purchase and Delivery. 1.Scope of Services. Contractor hereby agrees to and accepts responsibility to perform thefollowing services: A.Furnish high-quality gasoline and diesel fuels and provide a comprehensive program for monitoring tanks and providing fuel treatment services . B.Provide 24-hour delivery, and fuel monitoring and treatment services. This includes monitoringand treatment for fuel contamination, bacteria, fungus, water, as well as diesel and gasolineblending. Provide priority for fuel deliveries and 24-hour delivery service. C.Provide sufficient personnel and local resources to support this Agreement. D.Provide specifications for fuels they intend to supply to include specifications for, but not limitedto, no lead and premium no lead gasoline, Bio diesel, #1 diesel, #2 diesel, and premium diesel products. RFP-22-22_MAPO and Hill Petroleum submitted proposal are incorporated into the Agreement the event of any conflicts between this Agreement and any solicitation documents, this Agreement shall control. E.Time of Performance. The services of the Contractor shall commence (place an “X” in one): As of the date of this Agreement. As specified in a Notice to Proceed to be provided by the County. X As of the following date: August 1, 2022. The services of the Contractor shall be completed, or shall end, by July 31, 2023. F.Compensation. The County agrees to compensate the Contractor for the performance of services detailed in Paragraph 1 above, Scope of Services, as follows (place an “X” in one): Lump sum due upon completion: . Hourly rate of (to be billed monthly). X Other: Per Hill Petroleum Pricing Proposal submitted with RFP-22-22_MAPO. It is expressly understood and agreed that the total compensation to be paid to the Contractor under this Agreement shall not exceed . 2 G. Addresses for Notices. The addresses for Notices are as follows: To the County: Arapahoe County Fleet Management 7600 S. Peoria Street Englewood, CO 80112 and (send to both) Arapahoe County Attorney 5334 South Prince Street Littleton, Colorado 80120-1136 To the Contractor: Hill Petroleum 6301 Ralston Rd Arvada, CO 80002 H. Special Conditions. (place an “X” in one). No special conditions X Special Conditions are as follows: A. OPTION TO RENEW FOR FOUR (4) SUBSEQUENT YEARS (MAINTAINING SAME PRICES): The prices or discounts quoted by the Contractor in its Response shall prevail for the term of the contract, at which time the County shall have the option to renew the contract for four (4) subsequent one-year periods, provided, however, that such Contractor will maintain the same prices or discounts that were agreed to in the initial contract. The optional renewal periods shall not exceed four years. Continuation of the contract beyond the initial period is a County prerogative and not a right of the Contractor. This prerogative will be exercised only when such continuation is clearly in the best interest of the County. B. LIMITED CONTRACT EXTENSION TO MAINTAIN SERVICE LEVELS: It is hereby agreed and understood that this contract may be extended for an additional thirty-day transitional period after the contract is scheduled for termination and after any option years have been exercised. During this transitional period, the Contractor agrees to continue the same or a reduced level of service to the Colorado MAPO Participating Agencies at the same prices while the new contract, also in force, is being mobilized. The Contractor shall be allowed to invoice the Colorado MAPO Participating Agencies for this additional period on a pro-rated basis. C. PURCHASE OF OTHER RELATED ITEMS NOT LISTED IN THIS SOLICIATION: While the major items have been listed in this solicitation that is utilized by the Colorado MAPO Participating Agencies in conjunction with their operations, there may be ancillary items that may be purchased during the term of this Agreement. Under these circumstances, the County reserve the right to obtain price quotes from the Contractor and to award these ancillary items separately. Because of the need for public accountability, the following information concerning the Proposal will not be considered proprietary, even if such information is clearly marked as such: prices of Proposal, non-financial information concerning compliance with specifications, guarantees and warranties. ITEM NO: 1c DATE: February 12, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION ENCUMBERING FUNDS IN THE AMOUNT OF $180,000 FOR UTILIZATION OF THE WEX FUEL CARD SYSTEM IN 2024 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _________________________ Director of Public Works City Manager ISSUE: In 2023 the city entered into an agreement with WEX Bank to provide fuel cards for each city vehicle which can then be used at any participating gas station in their network. WEX tracks the expenses and provides one invoice to the city monthly for all fuel purchases. The program is currently being utilized by the Police Department but is anticipated to be expanded to all city departments for unleaded fuel only, later this year. This action will encumber funds in the amount of $180,000 for all WEX purchases in 2024. PRIOR ACTION: N/A FINANCIAL IMPACT: There was no cost to the city to initiate the WEX program. $316,500 is included in the 2024 Budget for fuel costs within the Public Works operating budget, (G/L Account No. 01-303-650-661). BACKGROUND: The city entered into an agreement with WEX Bank in 2023 by approving an addendum to a State of Colorado Contract #163711 under National Association of State Procurement Officials (NASPO) Master Agreement No. 00819. The Program has been utilized by the Police Department very successfully for several months with no issues. Public Works Department staff is in the Council Action Form – 2024 WEX Fuel Card System Contract February 12, 2024 Page 2 process of evaluating the additional costs, if any, incurred by implementing this program and will be making recommendations on whether additional departments should be added. Currently, other vehicles come to the Public Works Shop to fuel city vehicles with either diesel or unleaded fuel. It is likely that diesel would continue to be provided at the Shop as most of the diesel vehicles are stored at that facility. Fuel is purchased directly from Synergy/Hill Petroleum based on a procurement through the Colorado Multiple Assembly of Procurement Officials (MAPO). On average, the city has used about 66,500 gallons of unleaded fuel annually over the past five years. Utilization of the WEX Program is allowed to other government agencies through a State of Colorado Contract #163711 under National Association of State Procurement Officials (NASPO) Master Agreement No. 00819. RECOMMENDATION: Staff recommends that the City Council approve an encumbrance of $180,000 for the purchase of fuel through the WEX Program for 2024. RECOMMENDED MOTION: “I move to encumber funds in the amount of $180,000 for utilization of the WEX fuel card system in 2024.” or, “I move to deny an encumbrance for fuel purchases through the WEX Program in 2024 for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Maria D’Andrea, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. WEX Fuel Card Services Agreement ATTACHMENT 1 ITEM NO: 1d DATE: February 12, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD A CUSTODIAL SERVICES CONTRACT AND APPROVE SUBSEQUENT PAYMENTS IN AN AMOUNT NOT TO EXCEED $419,350 TO S&B CONFLUENCE d/b/a JANI-KING OF COLORADO AND APPROVE A CONTINGENCY IN THE AMOUNT OF $10,000 FOR UNFORESEEN CUSTODIAL EXPENSES PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Director of Public Works City Manager ISSUE: The City’s various facilities require consistent custodial service. Ensuring clean and hygienic public and workspaces is fundamental to the safe operation of the city organization and community services. Staff is recommending approval of a contract to S&B Confluence d/b/a Jani-King of Colorado in the amount of $419,350 plus a contingency for unforeseen items of $10,000 for the 2024 calendar year. PRIOR ACTION: n/a FINANCIAL IMPACT: Funding for these contracts is budgeted in the General Fund and is currently appropriated in the Central Services account of 01-610-700-704. Staff negotiated the pricing for 2024 with the owner’s representative. The monthly price for services decreased from 2023 while the cost per square foot for carpet cleaning, and cleaning of hard floors increased slightly. The table below shows a comparison of the 2023 prices with the 2024 prices: Council Action Form – 2024 Custodial Services February 12, 2024 Page 2 Service 2023 2024 General janitorial services in various buildings ($/month) $35,768.45 $34,945.83 Yearly Total $429,221.40 $419,350.00 As Requested Services ($/sq foot) Hot water carpet cleaning $0.25 $0.30 Machine scrub of hard floors $0.25 $0.30 Strip & wax of hard floors $0.45 $0.55 BACKGROUND: The city has over 142,000 square feet of facilities that require frequent and quality custodial service. Each facility has differing custodial needs because of the different uses of space within it. The goal is to provide a high level of public and environmental health and safety. The specifics of each facility’s custodial needs have been identified and will be addressed through this contract. In addition, pricing was sought for periodic carpet cleaning, and stripping and waxing of hard surface floors. An RFP for city-wide custodial services was issued in June 2022. A contract was issued to S&B Confluence d/b/a Jani-King of Colorado for the remainder of 2022 with an allowance to renew it for up to four, additional one-year periods. The contract was renewed in 2023 and is recommended to be renewed again for 2024. RECOMMENDATION: Staff recommends award of a contract to S&B Confluence d/b/a Jani-King of Colorado in an amount not to exceed $419,350 and approve a contingency in the amount of $10,000 to provide for unforeseen custodial or cleaning needs should they arise. RECOMMENDED MOTION: “I move to award a custodial services contract and approve subsequent payments in an amount not to exceed $419,350 to S&B Confluence d/b/a Jani-King of Colorado and approve a contingency in the amount of $10,000 for unforeseen custodial expenses.” or, “I move to deny award of a custodial services contract, for the following reason(s)_______________.” REPORT PREPARED/REVIEWED BY: Maria D’Andrea, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. S&B Confluence Proposal & Contract Cleaning Services Proposal: Jani-King of Colorado LLC | 12835 E. Arapahoe Rd. Tower 2 – Suite 650 | Centennial, CO 80112 Gil Sanchez | Managing Partner | gsanchez@janikingsb.com | Direct: (515) 402-0265 ATTACHMENT 1 CUSTOMER NAME & ADDRESS Jani-King of Colorado THE CITY OF WHEAT RIDGE S&B Confluence – CO, LLC Various Addresses - See Attachment A d/b/a Jani-King of Colorado Wheat Ridge, CO 12835 E. Arapahoe Rd. Tower 2 - #650 Centennial, CO 80112 FREQUENCY / DESCRIPTION CONTRACT AMOUNT INITIAL General Janitorial Services in Various City of Wheat Ridge Buildings - see Attachment A for locations and detailed pricing $34,945.83 per Month Hot Water Carpet Extraction (Upon Request) $0.30 per square foot Machine Scrub of Hard Floors (Upon Request) $0.30 per square foot Strip and Wax of Hard Floors (Upon Request) $0.55 per square foot Start Date In this Maintenance Agreement, we refer to S&B Confluence – CO, LLC d/b/a Jani-King of Colorado as "Jani-King", "we", or "us". We refer to The City of Wheat Ridge as "you" “Client” or "Customer." This Maintenance Agreement (“Agreement”) is made as of the Effective Date (the “Start Date”) by and between S&B Confluence – CO, LLC d/b/a Jani-King of Colorado (“Jani-King”) and THE CITY OF WHEAT RIDGE (“Customer”). The term of this Agreement is one (1) year from the date our services begin (the "Start Date"). This Agreement will automatically renew on each anniversary date for an additional one (1) year period under the same terms and conditions unless we receive written notice of your intention to cancel our services at least sixty (60) days before the anniversary date. Jani-King authorized franchise owner will furnish all labor, equipment, cleaning supplies and supervision necessary to provide the cleaning services described in the attached Cleaning Schedule for the “Contract Amount” shown above. Sales or Use Taxes are not included in the Contract Amount. Consumables (trash can liners, paper towels, toilet paper, hand soap, etc) are not included in the Contract Amount. We both agree to make the attached Terms and Conditions and Cleaning Schedule a part of this Agreement. THE CITY OF WHEAT RIDGE S&B CONFLUENCE – CO, LLC dba Jani-King of Colorado Signature of Authorized Representative Signature of Authorized Representative Print Name, Title Print Name Date Date Jani-King of Colorado MAINTENANCE AGREEMENT You have the right to terminate this Agreement for cause if performance is unsatisfactory. However, you agree that minor deficiencies in performance are not cause for termination of this Agreement. Before termination for cause is effective, you must give written notice stating in detail the nature of any defects in performance. Upon receipt of this notice, there is a 15- day period to cure the defects to your reasonable satisfaction (the “Cure Period”). If you give written notice at least 5 business days before the end of the Cure Period that the defects were not cured, this Agreement will terminate 30 days from the original date of notice; otherwise, all defects shall be deemed cured. You further agree that a service charge equal to the charge for one month of service shall be due if you terminate this Agreement before the end of the contract term for any reason other than cause or not complying with the procedures outlined above. Customer agrees to pay no later than the last day of each month (the "Due Date") for services and supplies rendered during the month. Customer also agree to pay any sales or use tax due on services and supplies. If payment is not received by the due date, a finance charge equal of 1.5% per month or the maximum legal interest rate allowed by law will accrue from the Due Date. If a credit card is a selected method of payment by Client/Customer a service charge/administration fee will be incurred by Client/Customer. The service charge/administration fee will be in accordance with federal and state laws. If Client/Customer requires Jani-King to use and operate a portal and/or software to process payments or for communication purposes and a fee/cost is incurred by Jani-King for installation and use of the portal/software, Client/Customer agrees that those fees/cost will be added to the monthly contract amount listed on the Maintenance Agreement. Credits for holidays were pre-determined and given as part of the contracted amount, and no other adjustments will be made for those holidays. We may require Customer to complete a credit application. Jani-King may declare Customer in default of this Agreement and immediately suspend services if Jani-King fails to receive payment for services or supplies by the Due Date. Jani-King may terminate this Agreement with a 30-day written notice. If Jani-King terminate this Agreement, Jani-King will not waive any other applicable provisions. If legal action becomes necessary (including administrative or appellate proceedings), the prevailing party is entitled to recover reasonable costs and attorneys’ fees. Customer also agree that jurisdiction and venue for any dispute shall be in governmental division of the county where the Jani-King of Colorado regional office is located, and that Colorado law shall apply to the resolution of any dispute. Jani-King and all authorized representatives are independent contractors and are not and will not be an employee or agent of yours during the term of this Agreement. Jani-King franchise owners, and their employees, are not within the protection or coverage of your Workers Compensation Insurance. No withholding of Social Security, Federal or State Income Tax or other deductions will be made from the sums paid to us because they are contract payments and not wages. The people selected to perform our obligations will be authorized Jani-King franchise owners or subcontractors. We may assign or sublet the whole or any part of our interest or obligations under this Agreement to one of our franchisees, affiliates, or subsidiaries. You agree that feedback about our performance is important in order for us to provide satisfactory service and agree to respond to regular surveys and participate in periodic inspections. Customer agrees not to employ or contract with any of our employees, Jani-King franchise owners, or employees of Jani-King franchise owners during the term of this Agreement and within 180 days after termination of this Agreement. You agree that the Contract Amount may periodically be adjusted up or down, based on changes in the Consumer Price Index, but never more than once a year. The maximum change in any given year shall be six percent (6%). Jani-King of Colorado TERMS & CONDITIONS If any part of this Agreement is declared invalid, the remaining portion shall remain in force and effect as if this Agreement had been executed without the invalid portion. You acknowledge that you have reviewed and have had the opportunity to discuss the terms of this Agreement and the attached Cleaning Schedule with our representative, and agree that its terms reflect the entire agreement between us. Any changes or modifications to this Agreement must be in writing and signed by both parties. THE CITY OF WHEAT RIDGE Customer Initials: ______ Jani-King of Colorado TERMS & CONDITIONS Jani-King of Colorado Jani-King of Colorado CLEANING SCHEDULE Jani-King of Colorado Jani-King of Colorado PERIODIC CLEANING SERVICES Pricing Schedule for City of Wheat Ridge SqFt. Total Janitorial Services Total per Month 7x per Week Anderson Building 8,200 $1,866.20 Active Adult Center 11,840 $2,988.59 Recreation Center Locker Rooms 4,299 $4,813.95 City Hall Police Department (Includes 1X per year Strip & Wax Floors three (3) employee breakrooms) 12,000 $4,772.25 SqFt. Total Janitorial Services Total per Month 5x per Week City Hall (Includes 1X per year Strip & Wax Floors three (3) employee breakrooms) 32878 (-police dept.) $5,190.00 Parks Shops (Includes 1X per year Strip & Wax Breakroom) 2,820 $740.48 Public Works (Includes 2X per year Carpets Cleaning and Strip & Wax Floors) 5,892 $1,793.99 SqFt. Total Janitorial Services Total per Month 3x per Week City Offices 8,604 $1,702.36 SqFt. Total Janitorial Services Total per Month 1x per Week Richards-Hart Estate 3,591 $398.95 Porter Services Total per Month Day Porters Traveling Custodial Technician $5,514.60 Police Dept. Custodial Technician $5,164.46 Monthly Total for all Services = $34,945.83 Jani-King of Colorado Jani-King of Colorado ATTACHMENT A ITEM NO: 1e DATE: February 12, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE PURCHASE AND PAYMENT OF TWO FORD EXPEDITION SSV POLICE PATROL VEHICLES IN A TOTAL AMOUNT NOT TO EXCEED $113,140 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Director of Public Works City Manager ISSUE: Each year, the city identifies a proposed list of vehicle replacements within the city fleet. In 2024, two of the Police Department’s Patrol vehicles are scheduled for replacement. Staff recommends the purchase of two 2024 Ford Expedition SSV Police Patrol vehicles under The Interlocal Purchasing System (TIPS) Price Agreement at a total cost of $113,140. PRIOR ACTION: N/A FINANCIAL IMPACT: The funds for the purchase of these vehicles are budgeted in the 2024 Public Works Department General Fund budget, account number 01-303-800-807, Fleet Replacement. The total approved budgeted amount for these units is $170,000. BACKGROUND: Two existing patrol vehicles (Unit No. 59 & No. 83) will be replaced with two 2024 Ford Expeditions. The new vehicles are built and available immediately. Council Action Form – Police Patrol Vehicles February 12, 2024 Page 2 The City vehicle replacement policy, revised by the City Council in 2011, is utilized to determine replacement eligibility. This policy provides replacement guidelines that consider long-term effective service life and costs for budgeting purposes. Among the guidelines considered are high/rising maintenance and repair costs, operating costs, excessive downtime of equipment, parts or service availability, poor utilization, etc. These two vehicles met the qualifications in the replacement policy. The existing vehicles will be taken to auction once the new vehicles are received, upfitted with the required equipment, and put into service. RECOMMENDATIONS: Staff recommends the purchase of the two Ford Expedition SSV Police Patrol vehicles based on the specifications and quote from Phil Long Ford of Denver. RECOMMENDED MOTION: “I move to approve the purchase and payment for the replacement of two (2) Police Patrol Vehicles at a total amount not to exceed $113,140.” or, “I move to deny the approval of the purchase and payment of two (2) Police Patrol vehicles for the following reason(s): _____________________.” REPORT PREPARED/REVIEWED BY: Bill Tocco, Fleet Services Supervisor Maria D’Andrea, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Ford Expedition Specifications & Price Quote CITY OF WHEAT RIDGE Specifications for two (2) Police Department – Full-size 4x4 SUV (Replacements for Units 59 & 83) February 12, 2024 BASED ON 2022 THE INTERLOCAL PURCHASING SYSTEM (TIPS) PRICE AGREEMENT RFP #220304 Base vehicle as bid: 2024 Ford Expedition SSV: $57,555.00 Standard Specifications Body Code: K7 OEM Model #: U1G Trim Level: XL OEM Code: 102A Exterior Color: Agate Black Interior: Charcoal Black Fuel Type: Gas Add Factory Option(s) 658 Extra Keys X 2 $400.00 430 Towing/ Receiver Hitch $995.00 18B Running Boards $405.00 Total Price of Factory Options $1,800.00 Delete Factory Option(s) 524 Delete 3.73 ELSD & Skid plates <$ -2,080.00> Additional Charges/Assistance Destination Charge $ 1,895.00 Government Discount <$ -2,600.00> Total Price of Vehicle Only with Selected Factory Options: $56,570.00 Total Price of Two (2) Vehicles with Options: $113,140.00 ATTACHMENT 1 QUOTE NUMBER 012424-1 QUOTE DATE January 29, 2024 Agency PO #. CES PO# TERMS Due on Receipt SALES REP Herman Sanchez QUOTE TO:Wheat Ridge Police Department SHIPPED VIA Driver ATTN: Bill Tocco F.O.B. PREPAID or COLLECT 2024 Ford Police Expedition SSV 4wd Exterior: Agate Black QUANTITY DESCRIPTION UNIT PRICE AMOUNT 2 58,770.00 $117,540.00 (Incl. 3.5L Engine, 10 Spd Trans, Skid Plates, Running Boards Heavy Duty Trailer Tow Pkg) 2 Available Government Discount (2,600.00)($5,200.00) 4 Extra Keys (2 Per Vehicle)200.00 $800.00 2 Agency Will Pick Up NC NC 113,140.00 Proposal valid for 30 Days $113,140.00 DIRECT ALL INQUIRIES TO:Phil Long Ford of Denver Total Herman Sanchez 7887 W. Tufts Ave.AMOUNT (505) 250-9388 Denver, CO 80123 email: hsanchez@phillong.com THANK YOU FOR YOUR BUSINESS! PRICE AGREEMENT : T.I.P.S. (The Interlocal Purchasing System) Additional Information: 2024 Ford Utility SSV Expedition 4wd ITEM NO: 1f DATE: February 12, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO CANCEL THE MARCH 11, 2024 CITY COUNCIL MEETING PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ City Manager ISSUE: The City Council Meeting of March 11, 2024, currently does not have any scheduled agenda items. Due to three members of the City Council as well as the City Manager attending the NLC Conference, and one additional councilmember absent that evening, and seeing there are no items currently scheduled for this date it is recommended that City Council cancel this meeting. FINANCIAL IMPACT: None RECOMMENDATIONS: Staff recommend canceling the City Council Meeting scheduled for March 11, 2024. RECOMMENDED MOTION: “I move to cancel the March 11, 2024, City Council Meeting.” Or, “I move to not cancel the March 11, 2024 City Council Meeting for the following reason(s)__________________________________________.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager ITEM NO: 2 DATE: February 12, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 01-2024 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 10390 W. 38TH AVENUE FROM COMMERICAL-ONE (C-1) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-23-10) PUBLIC HEARING ORDINANCES FOR 1ST READING (01/08/2024) BIDS/MOTIONS ORDINANCES FOR 2ND READING (02/12/2024) RESOLUTIONS QUASI-JUDICIAL: YES ___________________________ _____________ Community Development Director City Manager ISSUE: The owner of the property at 10390 W. 38th Avenue is requesting approval of a zone change from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N). The zone change will result in a zoning designation that would allow for the redevelopment and revitalization of the property. PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on December 7, 2023, and recommended approval. The staff report and the draft Planning Commission minutes are attached. City Council approved this ordinance on first reading on January 8, 2024. A motion was made by Councilmember Weaver and seconded by Councilmember Stites and was approved by a vote of 8 to 0. FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. Fees in the amount of $700 were collected for the review and processing of Case No. WZ-23-10. If the rezoning is approved, the City may benefit from various fees collected depending on how the property is repurposed in the future, such as building permit fees and use tax. Council Action Form – Proposed Rezoning at 10390 W. 38th Avenue February 12, 2024 Page 2 BACKGROUND: The site is located on the south side of W. 38th Avenue between Miller Street and Lee Street. All neighboring properties are primarily low-density residential uses with some higher density residential existing to the east. According to the Jefferson County Assessor, the property is approximately 26,174 square feet (.601 ac) in size and currently contains a commercial building built in 1960. The property consists of Block A in the Orton Heights Subdivision Plat. Current Zoning The property is currently zoned C-1, one of the City’s legacy commercial zone districts. The C-1 zone district was established to accommodate various types of office uses including administrative, professional and personal services, and to provide for a range of retail uses. The adjacent properties to the east and west are also zoned C-1. Adjacent properties to the north are zoned Planned Residential Development (PRD) and Residential-Two (R-2) to the south. The owner of the property intends to redevelop the site for approximately 10 townhome units which are not permitted in C-1 but are permitted in the MU-N zone district. Proposed Zoning The applicant is requesting a zone change to MU-N to allow for the development of townhomes on the property and to align the property’s zoning with the Envision Wheat Ridge Comprehensive Plan (the “Comprehensive Plan”). The MU-N zone district is generally located along neighborhood main streets and at neighborhood commercial centers and was established to encourage medium density mixed use development. In addition to residential and civic uses, it allows for a more limited range of neighborhood-serving commercial and retail uses. Staff believes the zone change would allow more flexibility for the revitalization of the site. The MU-N zone district is appropriate for this segment and particularly on this property given its size and its location, and the end goal for the site. MU-N would enable the applicant to revitalize the site and bring additional housing options to the community, focusing on thoughtful and high-quality design. A full analysis of the zone change criteria is provided in the Planning Division staff report (Attachment 2). RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. Per City Code, the City Council shall use the criteria in Section 26-112 of the code to evaluate the applicant’s request for a zone change. A detailed Planning Commission staff report is Council Action Form – Proposed Rezoning at 10390 W. 38th Avenue February 12, 2024 Page 3 enclosed with this criteria analysis, as well as additional information on the existing conditions and zone districts. Staff is recommending approval of this request. RECOMMENDED MOTION: “I move to approve Council Bill No. 01-2024, an ordinance approving the rezoning of property located at 10390 W. 38th Avenue from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N) on second reading, order it published, and that it takes effect 15 days after final publication.” or, “I move to deny Council Bill No. 01-2024, an ordinance approving the rezoning of property located at 10390 W. 38th Avenue from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N) for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning does not comply with the criteria for review in Section 26-112.E of the Code of Laws for the reasons expressed in the record and the statements of Councilmembers voting against the application. 3. … 4. …” REPORT PREPARED/REVIEWED BY: Alayna Olivas-Loera, Planner II Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 01-2024 2. Planning Commission Staff Report 3. Planning Commission Draft Meeting Minutes (12/07/23) ATTACHMENT 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER WEAVER COUNCIL BILL NO. 01 ORDINANCE NO. 1786 Series of 2024 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 10390 W. 38TH AVENUE FROM COMMERCIAL- ONE (C-1) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-23-10) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and WHEREAS, Elham Nekouie has submitted a land use application for approval of a zone change to the Mixed Use-Neighborhood (MU-N) zone district for property located at 10390 W. 38th Avenue; and WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge— which specifically designates areas containing neighborhoods, including the subject site, as a priority for the promotion of reinvestment in underutilized properties and the promotion to provide a mix of neighborhood supporting uses, including residential use and office use; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on December 7, 2023, and recommended approval of rezoning the property to MU-N. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by the City of Wheat Ridge for approval of a zone change ordinance from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N) for property located at 10390 W. 38th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: A PARCEL OF LAND BEING A PART OF THE WEST 26.5 FEET OF TRACT A, ORTON HEIGHTS ACCORDING TO THE RECORDED PLAT THEREOF AND THE EAST 163.57 FEET OF THE NORTH 205.75 FEET OF THE WEST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF JEFFERSON BY INSTRUMENT RECORDED IN BOOK 808 AT PAGE 100, COUNTY OF JEFFERSON, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIPED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NORTHEAST 1/4, SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST TO BEAR N89°12'50"E, AS SHOWN ON THE CITY OF WHEAT RIDGE HORIZONTAL & VERTICAL CONTROL BASE MAP; COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST; THENCE ALONG THE NORTH LINE OF SAID NORTHEAST 1/4, N89°12'50"E 1677.63 FEET; THENCE S00°15'59"E 30.00 FEET TO THE POINT OF BEGINNING; THENCE S00°15'59"E ALONG A LINE 26.5 FEET WEST OF TRACT A, ORTON HEIGHTS AND THE EAST LINE OF SAID ABOVE DESCRIPED PARCEL 175.75 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE S89°10'32"W ALONG THE SOUTH LINE OF SAID PARCEL 165.25 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE N00°15'58"W ALONG THE WEST LINE OF SAID PARCEL 161.08 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 15 FEET, A CORD BEARING OF N45°25'43"E AND CORD LENGTH OF 21.21 FEET; THENCE ALONG SAID CURVE A DISTANCE OF 23.56 FEET TO THE END OF SAID CURVE; THENCE N89°10'32"E ALONG THE NORTH LINE OF SAID PARCEL 150.07 FEET TO THE POINT OF BEGINNING. CONTAINS 28,994 SQUARE FEET, MORE OR LESS. Section 2. Vested Property Rights. Approval of this zone change does not create vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability: Conflicting Ordinance Repealed. If any section, subsection, or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 8th day of January 2024, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for Monday, February 12, 2024, at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this 12th day of February 2024. SIGNED by the Mayor on this _______ day of February 2024. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _______________________________________ Gerald Dahl, City Attorney 1st publication: January 9, 2024 2nd publication: February 13, 2024 Published Jeffco Transcript Effective Date: February 28, 2024 Planning Commission 1 Case No. WZ-23-10 / Nekouie Rezone CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT REVIEW DATES: December 7, 2023 (Planning Commission) / February 12, 2024 (City Council) CASE MANAGER: Alayna Olivas-Loera, Planner II CASE NO. & NAME: WZ-23-10 / Nekouie Rezone ACTION REQUESTED: Approval of a zone change from Commercial-One (C-1) to Mixed Use- Neighborhood (MU-N) LOCATION OF REQUEST: 10390 W. 38th Avenue APPLICANT / OWNER: Elham Nekouie APPROXIMATE AREA: 26,174 square feet (0.601 acres) PRESENT ZONING: Commercial-One (C-1) COMPREHENSIVE PLAN: Neighborhoods ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)COMPREHENSIVE PLAN (X)ZONING ORDINANCE (X)DIGITAL PRESENTATION Location Map Site ATTACHMENT 2 Planning Commission 2 Case No. WZ-23-10 / Nekouie Rezone JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The owner of the property at 10390 W. 38th Avenue is requesting approval of a zone change from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N). The zone change will result in a zoning designation that would allow for the redevelopment and revitalization of the property. The owner of the property intends to redevelop the site for approximately 10 townhome units which are not permitted in C-1 but are permitted in the MU-N zone district. II. EXISTING CONDITIONS The site is located on the south side of W. 38th Avenue between Miller Street and Lee Street (Exhibit 1, Aerial Map). The property is zoned Commercial-One (C-1), as are adjacent properties to the east and west. Adjacent properties to the north are zoned Planned Residential Development (PRD) and Residential-Two (R-2) to the south (Exhibit 2, Zoning Map). All neighboring properties are primarily low-density residential uses with some higher density residential existing to the east. According to the Jefferson County Assessor, the property is approximately 26,174 square feet (.601 ac) in size and currently contains a commercial building built in 1960. The property consists of Block A in the Orton Heights Subdivision Plat. III. PROPOSED ZONING The applicant is requesting the property be rezoned to MU-N, a zone district intended to provide medium density mixed-use development. In addition to residential and office uses, it allows for a range of neighborhood-serving commercial and retail uses. The property has existed in its current configuration for a number of years with a series of unsuccessful commercial ideas that did not come to fruition. All previous proposals would not have been supported by the comprehensive plan, or by the goals and vision for the corridor, being too intense for the context of the neighborhood. The applicant intends to rezone the property to redevelop it for approximately 10 townhome units (Exhibit 3, Applicant Letter). The applicant has stated they believe the zone change would enable them to revitalize the site and bring additional housing options to the community, focusing on thoughtful and high-quality design. The proposed use of the site for townhomes is not allowed in C-1, and the MU-N district would provide more flexibility for the redevelopment of the site. The current C-1 zoning is a remnant of the past and reflective of Wheat Ridge’s original commercial corridors. The C-1 zoning dates back to the City’s original 1972 zoning map. While C-1 zoning is still prominent in this area along 38th Avenue, traditional and more auto-oriented commercial uses do not meet the current goals and vision for the corridor and do not serve the neighborhood in the same ways they once did. The MU-N and C-1 districts are different in terms of development standards and permitted uses but the design standards for any new development in MU-N are strict and include architectural standards, open space requirements, setbacks, and parking requirements. The C-1 district allows for a variety of commercial uses including retail and office. By contrast, MU-N zoning allows Planning Commission 3 Case No. WZ-23-10 / Nekouie Rezone residential uses, commercial uses, or a mix of the two, and the permitted retail uses are greater in number. Many properties along W. 38th Avenue east of Wadsworth Boulevard have been rezoned to MU-N and act as transitional buffers between higher intensity commercial zones and the adjacent residential uses to the north and south. These MU-N properties can serve as a transition zone as properties gradually get smaller in size, and this property has the ability to serve the same transitional purpose. MU-N zoning is appropriate for this segment and particularly on this property given its size and its location, and the end goal for the site. For redevelopment under MU-N, the code includes increased setbacks and residential transition requirements for portions of the property adjacent the neighborhood. A summary of the MU-N zone district is provided below. PROPOSED ZONING Mixed Use-Neighborhood (MU-N) Uses Allows residential, commercial, or mixed use – includes multi-family and live/work facilities Architectural Standards Mixed-Use standards apply, including high quality architecture, standards related to articulation, variation, and materials Max. Building Height 35’ if the building has a residential use 50’ for all other uses Max. Lot coverage 90% for mixed use 85% for single use Min. Landscaping 10% for mixed use 15% for single use Build-to Area 0-12’ along front property line Setbacks North (side): 10’ or more, depending on number of stories (since the property abuts a residentially zoned lot that contains a single- or two-family residential use) South (side): 0’ West (rear): 5’ Max. Density 21 dwelling units per acre IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission and City Council shall base its decision in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Based on the changing character and land use patterns along W. 38th Avenue, and in the vicinity, the MU-N zone district is appropriate and would allow more flexibility in terms of uses while maintaining the low intensity nature of the area. For that reason, the zone change should not have an adverse effect on the surrounding area. Instead, the MU-N zoning is expected to add value to the subject property and enable an aging and underutilized property to function at its highest and best use. The mixed-use development standards will support compatibility between future redevelopment and existing land uses. In addition, any MU-N building containing residential is limited to 35 feet in height and design standards for MU-N are stricter than for other zones, including setbacks, landscaping buffers, and architecture. Planning Commission 4 Case No. WZ-23-10 / Nekouie Rezone Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Adequate infrastructure currently serves the property. All responding agencies have indicated they can serve the property. In the event that the current utility capacity is not adequate for a future use, the property owner/developer would be responsible for utility upgrades. A site plan and/or building permit review will be required for future redevelopment, and will ensure compliance with current Building Codes, as well as the Fire Code. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. W. 38th Avenue is a primary east-west thoroughfare in the City, is classified as a principal arterial, and transitions to residential character to the north, south, and west of the site. Envision Wheat Ridge, the City’s 2009 comprehensive plan, identifies this area as “Neighborhoods” (Exhibit 5, Comprehensive Plan). This designation identifies areas where residents of all ages can live safely and comfortably. Defining characteristics of an established neighborhood in the comprehensive plan are consistent character, mature landscaping, high rates of reinvestment and dwelling ownership, consistent maintenance, and high desirability. City goals that are met with the rezoning proposal include encouraging reinvestment in an aging commercial property, maintaining consistent character, increasing housing options, and creating opportunities for dwelling ownership. A stated goal in the comprehensive plan is to promote reinvestment in underutilized properties and to promote a mix of neighborhood supporting uses, including residential use and office use. This zone change request supports the comprehensive plan by enabling reinvestment in the property, by expanding the permitted uses on the property, and by aligning the zoning with the City’s goals to improve the appearance, mix of uses, property values, and overall vitality of the area. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current C-1 zoning designation as it appears on the City zoning maps. Staff concludes that this criterion is not applicable. Planning Commission 5 Case No. WZ-23-10 / Nekouie Rezone c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Staff finds no evidence of significant changes in the area. The zone change request from C-1 to MU-N neither responds to nor results in notable change of character. Staff concludes that this criterion has been met. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request. V. PUBLIC NOTICING Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of Section 26-109. A meeting for neighborhood input was held on August 30, 2023. This meeting was advertised and conducted as a virtual meeting on Zoom. Eleven members of the public attended the virtual meeting in addition to the applicant and staff (Exhibit 4, Neighborhood Meeting Notes). As of the date of distribution of this staff report, the City has not received additional comments or inquiries from surrounding property owners. VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Engineering Division: No comments received. West Metro Fire Protection District: No concerns. Any future development would be referred to the district for review and approval. Xcel Energy: No concerns. Any future development would be referred to the district for review and approval. Century Link / Lumen: No comments received. Comcast Cable: No comments received. Planning Commission 6 Case No. WZ-23-10 / Nekouie Rezone Consolidated Mutual Water District: No concerns. Any future development would be referred to the district for review and approval. Westridge Sanitation District: No concerns. Any future development would be referred to the district for review and approval. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that utility infrastructure adequately serves the property, and the applicant will be responsible for upgrades, if needed in the future. Finally, staff concludes that the zone change is consistent with the goals and objectives of the Comprehensive Plan. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-23-10. VIII. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WZ-23-10, a request for approval of a zone change from Commercial-One (C-1) to Mixed-Use Neighborhood (MU-N) for property located at 10390 W. 38th Avenue for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change supports the request.” Option B: “I move to recommend DENIAL of Case No. WZ-23-10, a request for approval of a zone change from Commercial-One (C-1) to Mixed-Use Neighborhood (MU-N) for property located at 10390 W. 38th Avenue for the following reasons: 1. 2. …” Planning Commission 7 Case No. WZ-23-10 / Nekouie Rezone EXHIBIT 1: AERIAL Planning Commission 8 Case No. WZ-23-10 / Nekouie Rezone EXHIBIT 2: ZONING MAP Planning Commission 9 Case No. WZ-23-10 / Nekouie Rezone EXHIBIT 3: APPLICANT LETTER Planning Commission 10 Case No. WZ-23-10 / Nekouie Rezone Planning Commission 11 Case No. WZ-23-10 / Nekouie Rezone NEIGHBORHOOD MEETING NOTES Meeting Date: August 30, 2023 Attending Staff: Stephanie Stevens, Senior Planner Alayna Olivas-Loera, Planner II Location of Meeting: Virtual Property Address: 10390 W. 38th Ave. Property Owner(s): Elham Nekouie Property Owner(s) Present? Yes Applicant: Laura Drabison, Patrick Berrend Applicant Present? Yes Existing Zoning: Commercial-One (C-1) Existing Comp. Plan: Neighborhoods Existing Site Conditions: The site is located on the south side of W. 38th Avenue between Miller Street and Lee Street. The property is zoned Commercial-One (C-1), as are adjacent properties to the east and west. Adjacent properties to the north are zoned Planned Residential Development (PRD) and Residential-Two (R-2) to the south. All neighboring properties are primarily low-density residential uses with some higher density residential existing to the east. According to the Jefferson County Assessor, the property is approximately 26,174 square feet (.601 ac) in size and currently contains a commercial building built in 1960. The property consists of Block A in the Orton Heights Subdivision Plat. Applicant/Owner Preliminary Proposal: The applicant is proposing to rezone the property from C-1 to MU-N in order to increase the permitted uses and enable a future redevelopment. The applicant is currently contemplating approximately ten townhome units should the zone change be approved. The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, 11 members of the public attended the neighborhood meeting. The participant list is attached from Zoom, which serves as the virtual sign-in sheet. EXHIBIT 4: NEIGHBORHOOD MEETING Planning Commission 12 Case No. WZ-23-10 / Nekouie Rezone • Six members of the public spoke at the meeting. • Staff discussed the site, its zoning and future land use. • The applicant and members of the public were informed of the process for the Zone Change. • The members of the public were informed of their opportunity to make comments during the process and at the public hearing, if required. The following issues were discussed regarding the Zone Change request and proposed development: • Jan Rose o Concerns about soil remediation from gas station. Geotechnical analysis completed. Preliminary borings show no chemicals found. Next step is Ph 1 and Ph 2 environmental at site planning stage. No basements proposed. o Concerns about making sure there is enough parking. Functional distances away from Miller and 38th precludes access from 38th Avenue. o Concerns about maintaining mature trees. Will do a tree survey to determine viability and will make best efforts to save mature trees. o General support for potential residential. o Encouragement for applicant to participate in West 38 improvement project. o Group home and disabled nearby. Encouraged to account for existing neighbors and their unique needs. • Scot Hooper o Want something that will fit in with neighborhood. o General support for proposed rezone. • Daria o General support for proposed rezone. • Jennifer Yates o Questions about current tenant on site. There is a finite lease with the tenant and property owner. o General support for proposed rezone. o What commercial uses would be permitted? Referred to MU code, MU is more of a form based code and is more limited on intensity for commercial uses. o How many units would be permitted on the site? 21 dwelling units/acre permitted, does not account for right-of-way dedication, looking at 13 allowed on the site max but will most likely be less. o General support for potential residential. • Galaxy A50 – Kimery Marchese o Overall support for proposed rezone. o What commercial uses would be permitted? Referred to MU code, MU is more of a form based code and is more limited on intensity for commercial uses. o General support for potential residential. • Fran Langdon o General traffic concerns with steep slope of street and congestion. Traffic would be reviewed through site plan process. o Concerns about parking. Planning Commission 13 Case No. WZ-23-10 / Nekouie Rezone Interface to the street is important. Forces parking to the rear. To provide min. 1 space per unit plus street parking on Miller, if possible. Participant List: Jennifer Yates Daria Galaxy A50 - Kimery Marchese Jan Rose Deborah Rankin dmweingardt Randy and Renee Fran Langdon James Mulvihill Scot Hooper Patrick Berrend Laura Drabison Elham Nekouie Planning Commission 14 Case No. WZ-23-10 / Nekouie Rezone The following in an excerpt from the Structure Map within the Comprehensive Plan. EXHIBIT 5: COMPREHENSIVE PLAN Subject Property Planning Commission 15 Case No. WZ-23-10 / Nekouie Rezone View of the subject property looking east from Miller Street. (Source: Google Maps, November 2022) EXHIBIT 6: SITE PHOTOS View of the established neighborhood located north from the subject property on W. 38th Avenue. (Source: Google Maps, November 2022) Planning Commission 16 Case No. WZ-23-10 / Nekouie Rezone View of the subject property looking south from W. 38th Avenue. (Source: Google Maps, November 2022) Planning Commission Minutes - 1 –December 7, 2023 PLANNING COMMISSION Minutes of Meeting December 7, 2023 1.CALL THE MEETING TO ORDER The meeting was called to order by Chair DITULLIO at 6:30 p.m. This meeting was heldin person and virtually, using Zoom video-teleconferencing technology. 2.ROLL CALL OF MEMBERS Commission Members Present: Kristine Disney Jerry DiTullio Daniel Graeve Janet Leo Patrick Quinn Commission Members Absent: Will Kerns Jonathan Schelke Staff Members Present: Jana Easley, Planning Manager Ella Stueve, Senior Neighborhood Planner Alayna Olivas-Loera, Planner II Tammy Odean, Recording Secretary 3.PLEDGE OF ALLEGIANCE 4.APPROVE ORDER OF THE AGENDA It was moved by consensus to approve the order of the agenda. 5.APPROVAL OF MINUTES – November 2, 2023 It was moved by Commissioner QUINN and seconded by Commissioner DISNEY toapprove the minutes of November 2, 2023, as written. Motion carried 4-0-1 withCommissioner LEO abstaining. 6.PUBLIC FORUM (This is the time for any person to speak on any subject not appearingon the agenda.) No one wished to speak at this time. ATTACHMENT 3 Planning Commission Minutes - 2 – December 7, 2023 7. PUBLIC HEARING A. Case No. WZ-23-10: an application filed by Elham Nekouie for approval of a zone change from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N) on a property located at 10390 West 38th Avenue. Chair DITULLIO opened the public hearing. Ms. Olivas-Loera gave a short presentation regarding the zone change and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Public Input Tom Brickey, resident 4 Rangeview Drive Mr. Brickey stated he takes exception with the idea that there is overwhelming support from the neighborhood for this development and believes townhomes are inconsistent with the single-family homes in the area. He also mentioned he is concerned about parking and increased traffic. Richard Cauchi, resident 3651 Miller Court Mr. Cauchi mentioned he neither opposes nor supports this zone change but agrees residential is the way to go. His only concern for residential is the possible density with townhomes. Patrick Berrend, applicant Summit Design & Engineering Mr. Berrend addressed some of the concerns and mentioned that the zone change will lower the possible density and the future design concepts would be 10-12 high quality town home as opposed to apartments. He also stated that they will try to avoid on street parking by adding structured parking on site. Issues with public input for those on Zoom, to be continued later in meeting. Commissioner DISNEY does not believe townhomes are out of character for the area because there are planned developments along 38th Avenue with a mix of multi-unit housing, but mentioned her concern is high density and would like the developer to keep the number of units to 10 instead of more. She also mentioned she understands the construction cost due to the developer. Planning Commission Minutes - 3 – December 7, 2023 Mr. Berrend agreed there will be construction costs for this site and mentioned that Lena gulch is one of the driving forces because the entire property is not developable. In response to a question from Commissioner LEO, Ms. Olivas-Loera explained that the zone change is for this property only not all the others that are also C-1 because the other property owners have not applied for a zone change. Commissioner QUINN asked to have the build to area explained. Ms. Olivas-Loera clarified that a setback is certain distance that a building can be from the property line and the build to is the opposite and the building must be a certain distance up to the property line. She added the build to in this instance is 0-12 feet. Commissioner QUINN’s only concern is with the shading on 38th Avenue from the building during the wintertime and the creation of ice on the roadway. Ms. Oliva-Loera and Ms. Easley explained there will be bulk plane requirements in place and the easement in the front will help with the setback of the buildings. In response to a question from Commissioner LEO, Ms. Olivas-Loera explained that the property lines, in the pictures of the staff report, are not survey accurate and there is a bit of distortion. Commissioner GRAEVE asked if there is a requirement for sidewalks to be built around this development. Ms. Olivas-Loera said that typically with a site plan review there are public improvement requirements, and the engineering department will address this during the review process. Continuation of Public Input There were technical issues with trying to get Fran Langdon to connect so Commissioner DITULLIO asked her to attend the City Council Meeting. Scott Sicard, resident 3685 Miller Court Mr. Sicard mentioned he has concerns with parking on to the street and said there are already issues with apartments in the neighborhood. Planning Commission Minutes - 4 – December 7, 2023 Mr. Berrend said it is unknown yet how many parking spaces will be on site per unit, but it is a requirement to have 1-2 spaces per unit and there will most likely be garages in each townhome. Chair DITULLION closed the public input and public hearing. Commissioner DISNEY mentioned she is going to vote to approve this zone change because housing is needed in the city and feels this development is appropriate for this area. Commissioner QUINN agreed with Commissioner DISNEY and believes there is a need to have more than single-family homes in this area and 10 townhomes seems fair to support. It was moved by Commissioner QUINN and seconded by Commissioner LEO to recommend APPROVAL of Case No. WZ-23-10, a request for approval of a zone change from Commercial-One (C-1) to Mixed-Use Neighborhood (MU- N) for property located at 10390 West 38th Avenue for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change supports the request. Motion carried 5-0. 8. OLD BUSINESS 9. NEW BUSINESS A. Upcoming Dates Ms. Easley mentioned there will not be a Planning Commission meeting on December 21 and there is a possibility there could be a meeting held on January 4 or January 18 and will keep everyone posted. Ms. Easley introduced the City’s newest Senior Neighborhood Planner Ella Stueve Ms. Stueve mentioned she is happy to have joined the City 2 months ago and has been a planner for 11 years most recently in Denver. She has moved to the Wheat ITEM NO: 3 DATE: February 12, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 02-2024 – AN ORDINANCE VACATING ANY INTEREST HELD BY THE CITY IN A PORTION OF WEST 46th AVENUE BETWEEN EVERETT AND ESTES STREETS PUBLIC HEARING ORDINANCES FOR 1ST READING (01/08/2024) BIDS/MOTIONS ORDINANCES FOR 2ND READING (02/12/2024) RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ ______________________________ Community Development Director City Manager ISSUE: The City of Wheat Ridge holds rights-of-way (ROW) in trust for the public. A portion of right- of-way along the south side of W 46th Ave, located between Everett St and Estes St, has been deemed to be unnecessary by the Community Development Department. PRIOR ACTION: City Council approved this ordinance on first reading on January 8, 2024. A motion was made by Councilmember Larson and seconded by Councilmember Dozeman and was approved by a vote of 8 to 0. FINANCIAL IMPACT: None. BACKGROUND: The subject property includes a portion of W 46th Avenue adjacent to private property at 8766 W 46th Avenue. The original plat from 1955 – Clearvale Subdivision (attached as Exhibit A) – dedicated Tracts A and B to Jefferson County prior to the incorporation of the City. It is Council Action Form – 8766 W 46th Vacation February 12, 2024 Page 2 staff’s belief that the original intent of Tracts A and B were reserved in case a cul-de-sac was needed if W 46th Avenue ended at that location. Since W 46th Avenue is currently a thorough street, staff has determined that the City does not need Tracts A and B for use as ROW. While preparing for retirement, the owners had a land survey completed of the property at 8766 W 46th Avenue and discovered that the parcels were owned by the City. In May of 2023, the owners approached the City, asking if the City would vacate the parcels listed as Tracts A and B as noted in Exhibit A and Exhibit B. The owners have been maintaining the two tracts since purchasing the property in 1991. Once they receive full ownership of parcels, the owners intend to explore methods of flood mitigation as the property currently lies partially within the floodway and floodplain of Clear Creek. If approved by Council, the parcel will be vacated to the adjacent property owners to the south at 8766 W 46th Avenue. While the original plat shows the tracts overlapping two parcels (Lots 157 and 158), those are both under one ownership and were combined as a single lot before the existing duplex was built in 1957; this is shown in the Vicinity Map in Exhibit B. RECOMMENDATION: Staff recommends the vacation of Tracts A and B of the Clearvale Subdivision, and the approval of the attached ordinance. RECOMMENDED MOTION: “I move to approve Council Bill 02-2024, an ordinance vacating any interest held by the City in a portion of W 46th Avenue, on second reading, order it published, and that it takes effect immediately.” Or, “I move to postpone indefinitely Council Bill No. 02-2024, an ordinance vacating any interest held by the City in a portion of W 46th Avenue located between Everett and Estes Streets for the following reason(s) ________________.” REPORT PREPARED BY: Scott Jones, Engineer Tech III Rocky Macsalka, Engineering Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 02-2024 2. Exhibit A: Clearvale Subdivision plat 3. Exhibit B: Vicinity Map ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER LARSON COUNCIL BILL NO. 02 ORDINANCE NO. 1787 Series 2024 TITLE: COUNCIL BILL NO. 02-2024 – AN ORDINANCE VACATING ANY INTEREST HELD BY THE CITY IN A PORTION OF W 46th AVENUE LOCATED BETWEEN EVERETT AND ESTES STREETS WHEREAS, the City of Wheat Ridge holds public rights-of-way in trust for the public and the landowners abutting such rights-of-way; and WHEREAS, a certain street known as W 46th Avenue was dedicated to the public as a partial cul-de-sac by the 1955 Clearvale Subdivision plat; and WHEREAS, the cul-de-sac portion of W 46th Avenue as described herein was never built as a cul-de-sac and is no longer necessary for use by the public; and WHEREAS, pursuant to the authority granted by C.R.S. §§ 31-15-702(1)(a)(I) and 43-2-301 et seq., the Council of the City of Wheat Ridge, Colorado, has determined that the nature and extent of the public use and the public interest to be served is such as to warrant the vacation of the Property; and WHEREAS, the property to be vacated and which is the subject of this ordinance is more fully described as Tract A and Tract B of the Clearvale Subdivision as shown on Exhibit A and Exhibit B attached hereto and fully incorporated herein by this reference; and WHEREAS, no property abutting the Property will be left without an established public road or private-access easement connecting said land with another established public road. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Vacation. The following Property held as right-of-way by the City is hereby vacated, the same being no longer required for public use and the public interest will be served by such vacation described as Tract A and Tract B of the Clearvale Subdivision, according to the plat recorded at Book 15, Page 37. Upon the vacation accomplished hereby, title to the property vacated shall revert, by operation of Colorado Law CRS 43-2-302, to Michael Childers and William Gryder Childers, as the abutting landowners. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Recording. This Ordinance shall be filed for record with the office of the Jefferson County Clerk and Recorder. Section 4. Effective Date. This Ordinance shall take effect immediately after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 8th day of January 2024, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for Monday, February 12, 2024 at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 12th day of February 2024. SIGNED by the Mayor on this _____ day of ____________, 2024. _________________________ Bud Starker, Mayor ATTEST: _________________________ Steve Kirkpatrick, City Clerk Approved as to Form ____________________________ Gerald E. Dahl, City Attorney 1st publication: January 9, 2024 2nd publication: February 13, 2024 Jeffco Transcript: Effective Date: February 13, 2024 Exhibit A Clearvale Subdivision Plat ATTACHMENT 2 Exhibit B Vicinity Map ATTACHMENT 3 ITEM NO: 4 DATE: February 12, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 03-2024 – AN ORDINANCE AMENDING ARTICLES V AND XI OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING BICYCLE PARKING AND STORAGE REQUIREMENTS, AND MAKING CONFORMING AMENDMENTS THEREWITH PUBLIC HEARING ORDINANCES FOR 1ST READING (02/12/24) BIDS/MOTIONS ORDINANCES FOR 2ND READING (02/26/24) RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________ Community Development Director City Manager ISSUE: The proposed ordinance creates long-term bicycle storage requirements for large multi-unit residential developments, updates and clarifies vehicle parking reduction allowances when additional bicycle parking is required, and decouples bicycle parking requirements from vehicle parking requirements. PRIOR ACTION: In April 2023, City Council gave staff direction to begin research on bicycle parking requirements including the potential for e-bike charging, based on best practices and zoning codes from surrounding communities. At the City Council study session on August 7, 2023, City Council gave staff direction to proceed with a bicycle parking and storage ordinance generally taking the form of the ordinance as attached. Planning Commission reviewed this ordinance at a public hearing held on January 18, 2024 and recommended approval by a vote of 5 to 0. A copy of the draft Planning Commission minutes will be provided with the second reading materials. Council Action Form – Bicycle Parking and Storage February 12, 2024 Page 2 FINANCIAL IMPACT: The proposed ordinance is not expected to have a financial impact on the City. BACKGROUND: Current Code Developments in all zone districts, except mixed-use zones, must comply with the bicycle parking requirements in Section 26-501, which was adopted in 2001 and contains minimal bicycle parking requirements. Ordinance No. 1766, passed on June 26, 2023, increased minimum bicycle parking requirements in only mixed-use zone districts to 1 space for every 4 dwelling units for multi-unit residential developments, and 1 space for every 10 vehicle parking spaces for commercial developments. These requirements were essentially doubled from the previous version of the mixed-use code. That ordinance also encourages secured indoor bicycle parking for multi-unit residential development, but it did not go as far as establishing requirements or standards because at the time staff anticipated more research being needed to pass a more comprehensive bicycle parking and storage ordinance. The sections of the code pertaining to bicycle parking (26-501.E.4 and 26-1109.J) do not contemplate requirements for indoor bicycle storage. The code provides some incentives to reduce overall vehicle parking if additional bicycle parking beyond the minimum is provided, up to a maximum of 10 percent. Additionally, the requirements for the number of bicycle parking spaces are tied to the number of vehicle parking spaces, which is challenging as vehicle parking requirements and reductions can vary so widely. Bicycle Storage When considering bike parking, there is a notable difference between a typical outdoor “u-rack” bicycle parking space and a secured indoor facility. While u-racks are reasonable for temporary bicycle parking, especially when placed near areas of congregation or building entrances, they are often not a secure solution for long-term bicycle storage due to theft risk and weather. Long-term bicycle parking can come in the form of a covered and gated exterior storage, bicycle lockers, or bicycle storage rooms within buildings or parking garages. Some new apartment developments in Wheat Ridge are voluntarily providing small bicycle storage rooms either within the building or parking garage. Others have not elected to do so unless required by code. PROPOSED ORDINANCE: The proposed ordinance is based on the consensus of Council and also includes the recommendation to “decouple” bicycle parking from vehicle parking as recommended by the Sustainability Committee and additional public comment. The ordinance accomplishes several main goals and will provide for long-term bicycle storage options for large multi-unit residential developments: • Clarifies vehicle parking reductions for providing additional bicycle parking beyond the minimum. Council Action Form – Bicycle Parking and Storage February 12, 2024 Page 3 • Provides additional incentives to offices and institutional uses if long-term bicycle storage and/or shower and changing facilities are provided. • Adds standards for long-term bicycle parking including security and weather protection. • Updates minimum bicycle parking requirements for all uses to better align with the mixed-use code updates. • Decouples bicycle parking from vehicle parking, instead assessing it against the floor area of the use. This means bicycle parking is no longer assessed as a ratio of required vehicle parking, which is more typical of bicycle parking requirements and more aligned with best practice. • Adds minimum long-term bicycle parking requirements for multi-unit apartment and condominium developments over 50 dwelling units. This will allow for secure long-term bicycle parking for denser residential developments where unit sizes tend to be smaller and are more likely to be located in areas with better access to bicycle and pedestrian infrastructure. RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 03-2024, an ordinance amending Articles V and XI of Chapter 26 of the Wheat Ridge Code of Laws, concerning bicycle parking and storage requirements, and making conforming amendments therewith, on first reading, order it published, the public hearing set for Monday, February 26, 2024 at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it take effect on March 1, 2024.” Or, “I move to postpone indefinitely Council Bill No. 03-2024, an ordinance amending Articles V and XI of Chapter 26 of the Wheat Ridge Code of Laws, concerning bicycle parking and storage requirements, and making conforming amendments therewith for the following reason(s): _______________________________________.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Senior Planner Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 03-2024 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 03-2024 ORDINANCE NO. 1788 Series 2024 TITLE: AN ORDINANCE AMENDING ARTICLES V AND XI OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING BICYCLE PARKING AND STORAGE REQUIREMENTS, AND MAKING CONFORMING AMENDMENTS THEREWITH WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety, or welfare; and WHEREAS, in the exercise of this authority, the Council has previously adopted regulations in Chapter 26 of the Wheat Ridge Code of Laws (the “Code” pertaining to bicycle parking and storage; and WHEREAS, the Council recognizes that these regulations are outdated and do not align with best practice, and that there are multiple parallel requirements which are challenging to administer; and WHEREAS, the City is receiving an increasing number of development applications for multi-unit residential developments, some of which provide limited bicycle parking and no opportunities for long-term secured storage; and WHEREAS, the Council finds that bicycle parking and storage requirements in Articles V and XI of Chapter 26 of the Code require revision. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-501. D.1 of the Wheat Ridge Code of Laws, concerning parking reductions by right and the associated Table 5: Parking Reductions, is hereby amended as follows: D. Parking reductions. 1. Parking reductions by right. The community development director may grant a parking reduction not to exceed twenty-five (25) percent of the required number of vehicular parking spaces as set forth below without a variance process. Only one (1) of the following options may be applied to anyone (1) development, unless otherwise noted in the table: 2 TABLE 5: PARKING REDUCTIONS Only one of the following may be utilized per development unless otherwise noted. Standard Reduction Allowed Bicycle parking 1 vehicular space for every 2 bicycle parking spaces beyond what is mandatory per Section 26-501. E.4. up to a maximum of a 10% total reduction in vehicular parking spaces. If long-term bicycle storage and/or shower and changing facilities are provided for office and institutional uses, the following additional reductions may be combined with the 10% bicycle parking reduction above for a total reduction up to a maximum of 20%. • 5% if long-term bicycle storage is provided, • 5% if shower and changing facilities are provided that are accessible to employees nearby the bicycle storage area. Property located within 1/4 mile of a transit station 25% Property located within 500 feet of a transit bus stop with 20-minute peak service 10% No parking areas located between any part of the building and the public right-of-way 10% Surfacing 10% when an existing parking area with an unimproved surface is improved to comply with Section 26-501. E.125. Structured Parking 10% Motorcycle and Scooter Parking 1 vehicular space for every 2 motorcycle and/or scooter spaces up to a maximum 25% reduction. … Section 2. Section 26-501. E.4 of the Wheat Ridge Code of Laws, concerning bicycle parking requirements, is hereby amended as follows: … 4. Bicycle parking. 3 a. Applicability. Bicycle parking as set forth in Table 7 in subsection E.4.b below shall be required for all nonresidential and multi-unit dwelling uses. i. Bicycle parking required. Bicycle parking as set forth in subsection E.4.b below (bicycle parking standards) shall be required for all nonresidential and multi-unit dwelling uses as follows: a) All properties located within five hundred (500) feet of the right-of-way boundary or trail centerline of an existing or proposed bicycle route from the adopted City of Wheat Ridge Bike and Pedestrian Route Master Plan. b) All properties located within one-quarter mile of a transit station or transit bus stop that provides twenty-minute peak hour service. c) All applicable properties set forth in Table 7 (Schedule of Required Bicycle Parking Spaces) below. ii. Bicycle parking optional. For all other properties that do not fall under the geographic conditions in subsection i above, bicycle parking is optional, and may be used to reduce the required number of vehicular parking spaces set forth in subsection E.4.b.iii below. b. Standards. i. Bicycle parking design standards. a) The required bicycle rack is the "inverted U" type, or other type approved by the community development director. Each inverted U bicycle rack shall count as two (2) bicycle parking spaces. b) Bicycle parking facilities shall include provisions for storage and locking of bicycles in secure racks, or equivalent installation, in which the user may lock both the bicycle frame and wheels to the rack. c) Parking for bicycles shall be provided on site, and bicycle parking areas shall be well-lighted and located as near to the building or facility entrance as possible but not more than fifty (50) feet away and shall not interfere with pedestrian traffic. d) If possible, bicycle parking areas should utilize already existing weather protected areas such as building overhangs. e) If bicycle and automobile parking areas or accessways abut each other, a physical barrier between the bicycle parking area and the automobile parking or drive areas 4 shall be provided to prevent the possibility of bicycle-motor vehicle collisions. fe) Bicycle facilities required by this section shall be maintained for the duration of the use requiring such facilities and shall not be used for other purposes. ii. Long-term bicycle parking. a) Intended to provide users of a site a secure and weather-protected place to park and store bicycles and to charge electric bicycles. b) Shall take the form of an enclosed bicycle storage room within the primary building, enclosed bicycle lockers, a separate bicycle storage shed, an enclosure within a parking garage, or in another form within 100 feet of the primary entrance as deemed appropriate by the community development director. c) All types of long-term bicycle parking shall be easily accessible to all building occupants, secure, lighted, and weather resistant. iii. Number of required bicycle parking spaces. Bicycle parking spaces shall be provided at a rate of five (5) percent of the required vehicular parking spaces, but not less than two (2) spaces, unless otherwise specified below in Table 7. No development shall provide fewer than two (2) bicycle parking spaces, unless otherwise noted in Table 7. Table 7: Schedule of Required Bicycle Parking Spaces [1] Use Number of Required Bicycle Parking Spaces Funeral homes or mortuaries Motor fueling stations, repair garages, tire stores, car wash, etc. Drive-up windows providing services to occupants in vehicles None. Educational institutions (public or private) One (1) bicycle parking space for each twenty (20) students Amusement/recreational enterprises such as swimming pools, skating rinks, health clubs, spas, etc. One (1) bicycle parking space for each twelve (12) persons capacity Transit bus stop with 20-minute peak service Two (2) bicycle parking spaces for each transit bus stop. Public Transit Station One (1) bicycle parking space per each ten (10) parking spaces required for motor vehicles, but not less than twenty (20) spaces. 5 All other nonresidential and multi-unit dwelling uses Five (5) percent of the required vehicular parking spaces, but not less than two (2) spaces Retail, personal services 1 space per 2,000 square feet of floor area Eating or drinking establishment, including drive-throughs 1 space per 2,000 square feet of floor area Office 1 space per 5,000 square feet of floor area Community building or place of worship 1 space per 5,000 square feet of floor area Hotel 1 space per 10,000 square feet of floor area Warehouse or distribution 1 space per 10,000 square feet of floor area All other nonresidential uses 1 space per 5,000 square feet of floor area Multi-unit and single attached residential One (1) bicycle parking space for every four (4) dwelling units For multi-unit apartment or condominium developments over 50 dwelling units, at least 50% of required bicycle parking shall be long-term; if a parking garage is being provided, at least 75% of required bicycle parking shall be long-term. Long-term parking is encouraged for multi-unit developments under 50 dwelling units but is not required. In all instances where long-term bicycle parking is being provided, in addition to that required within the building or accessory structure, a minimum of four (4) standard bicycle parking spaces shall also be provided outside of the building. [1] The number of required bicycle parking spaces in this table shall not be considered to be in addition to any other required numbers of bicycle parking spaces. Uses not specified: In the case of a use not specifically mentioned, the requirements shall be determined by the community development director based on comparison to similar uses. iiiiv. Vehicular parking space reductions for bicycle parking spaces. The number of required motor vehicle parking spaces may be reduced at the ratio of one (1) motor vehicle parking space for each two (2) bicycle parking spaces, up to a maximum reduction of ten (10) percent of the required motor vehicle parking spaces in accordance with Table 7 above. Table 5 in section 26-501.D provides options to reduce the number of required motor vehicle parking spaces if additional 6 bicycle-related facilities are provided beyond the minimum requirements. … Section 3. Section 26-1109.J of the Wheat Ridge Code of Laws, concerning bicycle parking requirements in mixed use zone districts, is hereby amended as follows: J. Bicycle parking. Bicycle parking shall be provided in accordance with section 26-501. E.4. 1. For nonresidential development, or portion thereof, bicycle parking spaces shall be required at a rate of one (1) bicycle parking space for every ten (10) automobile parking spaces. No nonresidential development shall provide less than four (4) bicycle parking spaces. One (1) standard “Inverted U” bicycle rack shall be considered two (2) bicycle parking spaces. 2. For multi-unit and single attached residential development, or portion thereof, bicycle parking spaces shall be required at a rate of one (1) bicycle parking space for every four (4) units. No multi-unit residential development shall provide less than four (4) bicycle parking spaces. One (1) standard “Inverted U” bicycle rack shall be considered two (2) bicycle parking spaces. 3. Parking for bicycles shall be provided on site, in addition to any bicycle parking required in the right-of-way by the streetscape design manual. Bicycle parking areas shall be well-lighted and located not more than fifty (50) feet from the primary building entrance. Bicycle parking for residential uses is encouraged to be sheltered and secured. 4. Secured, indoor bicycle parking and storage is encouraged in multi-unit residential development and shall count towards the total number of spaces required, although a minimum of four (4) bicycle parking spaces shall be provided outside the building. Indoor bicycle parking shall take the form of a secured bicycle storage room. Section 4. 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 5. Effective Date. This Ordinance shall take effect on March 1, 2024, as provided by Section 5.11 of the Charter provided, however, the minimum long-term bicycle parking requirements in Section 2 of this Ordinance shall not apply to multi-unit development projects which are under site plan or specific development plan review by the Community Development Department as of the effective date of this Ordinance and 7 for which the first round of review comments have already been provided to the applicant from the City. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 12th day of February 2024, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for February 26, 2024 at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this __ day of _____, 2024. SIGNED by the Mayor on this _____ day of ____________, 2024. _______________________________ Bud Starker, Mayor ATTEST: _________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: February 13, 2024 Second Publication: February 27, 2024 Effective Date: March 1, 2024 Published: February 28, 2024 Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 5 DATE: February 12, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 04-2024 – AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING ELECTRIC VEHICLE (EV) CHARGING AND PARKING REQUIREMENTS, AND MAKING CONFORMING AMENDMENTS THEREWITH PUBLIC HEARING ORDINANCES FOR 1ST READING (02/12/24) BIDS/MOTIONS ORDINANCES FOR 2ND READING (02/26/24) RESOLUTIONS QUASI-JUDICIAL: YES NO ____________________________ ____________________________ Community Development Director City Manager ISSUE: The proposed ordinance creates regulations for electric vehicle (EV) parking and charging facilities within the zoning code, defines terms related to EVs, allows for EV charging facilities of various types throughout the City, and establishes minimum EV parking space requirements. PRIOR ACTION: This topic was discussed with City Council at its August 7, 2023 study session. Staff had previously recommended in April 2023 that Council adopt EV regulations given increasing adoption of EVs by the general public and the need for some regulations and requirements. Staff’s recommendations at the August 2023 study session were revised to include components of Colorado House Bill (HB) 23-1233. Council’s consensus was to draft an ordinance to comply with the minimum requirements of HB23-1233 and to create some additional regulations and definitions for EV parking. The attached ordinance is a result of Council’s consensus and additional research into the requirements of HB23-1233 as described below. Planning Commission reviewed this ordinance at a public hearing held on January 18, 2024, and recommended approval by a vote of 5 to 0. A copy of the draft Planning Commission minutes will be provided with the second reading materials. Council Action Form – EV Charging and Parking February 12, 2024 Page 2 FINANCIAL IMPACT: The proposed ordinance is not expected to have a financial impact on the City. BACKGROUND: The current zoning code does not have any requirements related to EV parking and charging. Likewise, the City’s current adopted building codes and local amendments (2018 International Building Codes or IBC and 2020 National Electric Code or NEC) allow for EV charging, but do not mandate placement, design, or minimum quantities or percentages. House Bill 23-1233 (Statewide EV Charging and Parking Requirements) The Colorado State Legislature approved HB23-1233 in June 2023 which requires the state electrical board to adopt rules facilitating electric vehicle charging at multi-unit buildings and creates regulations and requirements regarding EV parking. The purpose of the state legislation is to further the State’s goals related to the reduction of greenhouse gas emissions and to expand the charging infrastructure necessary to support a growing EV market share. To that end, the bill also mandates that municipalities comply with the EV power transfer infrastructure requirements in the statewide Model Electric Ready and Solar Ready Code. Staff will discuss with Council how these changes relate to building code updates as part of the building code adoption process later this year. In the meantime and to comply with the new state law, the City must update the zoning code and update the approach to EV charging and parking as a whole. The portions of HB23-1233 most relevant to Wheat Ridge when discussing EV parking and charging are: • Requires compliance with all the EV requirements in the Model Electric Ready and Solar Ready Code by March 1, 2024, including minimum parking requirements. • Prohibits unreasonable restrictions on EV installations for both tenants and owners. • Prohibits local governments from banning EV parking or charging. Current and Future Market The City is not seeing the private market deliver EV spaces in new developments, beyond a couple of spaces here and there, despite a nationwide increase in the prevalence of EVs. The City has also seen limited interest in building freestanding EV charging facilities despite the City’s proximity to Interstate 70 and Highway 58. However, HB23-1233 encourages the Colorado Department of Transportation to collaborate with public or private entities to develop projects for the construction of electric vehicle charging systems along state and interstate highway systems which could increase the level of interest. PROPOSED ORDINANCE: The proposed ordinance consists of several components, described below. An EV Informational Guide will also be provided with the second reading materials which will include additional details and background on the current state of EVs. The ordinance accomplishes the following: • Creates definitions related to EVs, including defining Electric Vehicle Charging Stations (EVCS), Retail EVCS, and EV parking spaces. Council Action Form – EV Charging and Parking February 12, 2024 Page 3 • Creates standards within the City’s parking requirements related to EVCS, including establishing minimum parking requirements to comply with HB23-1233. • Allows EVCS as an accessory use in all zone districts (for example, allows an EVCS in a home garage, in a parking lot, or at a gas station). • Allows Retail EVCS in all commercial, mixed-use, and industrial zone districts. A Retail EVCS is a grouping of multiple EVCS as a primary use of the property. For example, a Tesla Supercharger could be considered a Retail EVCS. This could also be a stand-alone style grouping of EVCS which functions like a gas station and could have a retail store component included. • Updates Planned Development requirements to ensure compliance for new developments in PDs with all applicable EV regulations. • Allows EV parking to be shared if other conditions of shared parking agreements are met. • Makes various other minor updates to comply with HB23-1233 related to accessible parking, when the ordinance becomes applicable, signage, and sites exceeding minimum requirements. EV Charging Facilities There are three tiers of EV charging facilities that are based on the amount of charging infrastructure installed. These are the different types of facilities that will be required at different percentages depending on the building code classification of the building. • EV Capable: This refers to a facility for which infrastructure is available for future installation of an EV charging station (i.e. conduit, breaker space, and junction box), but no wiring or charging equipment is installed. EV Capable allows for easier future installation when ready, since most of the pre-work is done including electrical panel capacity. o EV Capable Light: The State of Colorado created this term to refer to EV Capable infrastructure that only includes the conduit, not any of the other breaker space/electrical panel capacity required to be EV Capable. This is a lower-cost install that simply places the conduit for future EV Capable/Ready/Installed, and is less of a cost/install burden than EV Capable since it does not include upsizing capacity. • EV Ready: This refers to a facility for which the necessary infrastructure and wiring is installed, but no additional charging unit or adapter is installed. This usually means wires terminate in a junction box, or in the case of a home garage a 240-volt wired outlet is provided. EV Ready installations are typical for residential parking spaces especially single-unit, duplex, townhome and condos where dwelling units are owned individually. These are often found in garages, which would allow a resident to plug directly into the 240v outlet or have one easily installed from the junction box. • EV Installed: This refers to a complete charging facility that includes all infrastructure, outlet, and charging station. This infrastructure is typical for commercial and some multi-unit residential properties, as well as standalone charging facilities (like Tesla Supercharger stations). Examples of EV Installed facilities are at City Hall, the Recreation Center, and Fruitdale School Lofts. Council Action Form – EV Charging and Parking February 12, 2024 Page 4 Additionally, there are different tiers of ready and installed EV infrastructure based on how powerful the charging infrastructure is, resulting in different charging times. The EV Informational Guide describes these tiers (Levels 1, 2, and 3) in more detail, but they are not components of the House Bill and do not need to be included in the zoning code. Minimum Parking Requirements The proposed ordinance complies with the minimum parking requirements included in HB23- 1233 by way of the Model Electric and Solar Ready Code. The minimum parking requirements in HB23-1233 specifically pertain to multi-unit residential development. However, when the City adopts the statewide building code requirements which is a requirement of the House Bill, minimum parking requirements for commercial buildings will also apply. The reason for adopting all of the parking requirements into the zoning code is to allow Planning staff to easily locate the requirements and request the parking spaces be included during the zoning review of any future project, making it more user friendly and to prevent surprises late in permit review. Section 15 of the attached ordinance includes the minimum parking requirements, which are based on the building code classification of the building. These minimum requirements will apply to any new development in Wheat Ridge. The required percentages vary with multi-unit residential development being higher than commercial and institutional, which is higher than industrial. Requirements for redevelopment or changes of use were not included in HB23-1233, except for some provisions related to apartment building parking lot remodels. Council’s consensus was to include some minimal requirements to upgrade sites when there were major additions (60% increase or more in floor area) or major changes of use, but to not impose burdensome requirements to add charging facilities which would potentially disincentivize redevelopment. Staff is already required to assess parking increases on a proportional basis based on the amount of added square footage (for additions) or floor area of a more intensive use (e.g. office to restaurant), so these proportional increases would also apply to increasing EV parking. In this case, only EV Capable Light spaces would need to be added on a proportional basis, so no additional chargers or wiring would need to be installed, but conduit would be laid to allow for future installations. Limited exceptions to this requirement could potentially be allowed based on existing site conditions. Effective Dates The ordinance will become effective March 1, 2024 to comply with the state requirements. Specifically, HB23-1233 requires all site plans and specific development plans approved on and after March 1, 2024 to comply with all of the minimum parking requirements. This requirement will also apply to new construction not subject to site plan review, but still requiring building permits; for example, state law requires a single-unit home applying for permit on or after March 1, 2024, will need to include one (1) EV Ready space (i.e., a 240v outlet in the garage). Lastly, the ordinance also includes an expiration on plans approved prior to March 1, 2024 if no permits are obtained within two years. If permits are not obtained within two years, then the site plan will need to be updated to include EVCS or other EV facilities. The two-year expiration proposed in the ordinance is specific to the EV parking requirements, and staff intends to discuss site plan expiration more generally with Council later in 2024. Council Action Form – EV Charging and Parking February 12, 2024 Page 5 RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 04-2024, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws, concerning electric vehicle (EV) charging and parking requirements, and making conforming amendments therewith, on first reading, order it published, the public hearing set for Monday, February 26, 2024 at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it take effect on March 1, 2024.” Or, “I move to postpone indefinitely Council Bill No. 04-2024, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws, concerning electric vehicle (EV) charging and parking requirements, and making conforming amendments therewith for the following reason(s): _______________________________________.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Senior Planner Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 04-2024 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 04 ORDINANCE NO. 1789 Series 2024 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING ELECTRIC VEHICLE (EV) CHARGING AND PARKING REQUIREMENTS, AND MAKING CONFORMING AMENDMENTS THEREWITH WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, the City does not currently have any regulations related to EV charging infrastructure or parking requirements; and WHEREAS, with the increased adoption of EVs across Colorado and the nation, the need for charging infrastructure and regulations has become more apparent; and WHEREAS, the legislature of the State of Colorado passed House Bill 23-1233 which includes various mandates for local governments in regards to regulating EV charging and parking, and recognizes as a matter of statewide concern the need to adopt EV charging requirements; and WHEREAS, the Council finds that EV charging and parking requirements need to be added to Chapter 26 and to define terms related to EV charging infrastructure. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-111.D of the Wheat Ridge Code of Laws, concerning application requirements for site plans, is hereby amended as follows: D. Site plan application requirements. All applications shall include at a minimum the following information. Additional information may be requested by the planning and/or engineering divisions at the preapplication conference. 1. Site plan. … j. Location of all existing and proposed: … ATTACHMENT 1 2 (5) Parking and loading areas, handicap accessible parking areas, and Electric Vehicle (EV) parking spaces; … … … Section 2. Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms applicable to the zoning code, is hereby amended by the revision of certain definitions and the addition of the following new definitions in the appropriate alphabetical location, as follows: Electric Vehicle Charging Station (EVCS). A public or private parking space served by battery charging station equipment which has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle (EV), also referred to as an EVCS Installed space. Electric Vehicle Charging Station (EVCS), Retail. A grouping of multiple EVCSs accessible to the public as a primary use of a property, and which may provide electricity to customers for a fee. The property may also contain another primary use such as a convenience store. Electric Vehicle (EV) parking space. Any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle. Section 3. The “Table of Uses – Residential” set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in residential zone districts, is hereby amended as follows: Accessory Uses for Residential Districts Notes Electric vehicle charging station (EVCS) Section 4. The “Table of Uses – Agricultural and Public Facilities” set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in agricultural and public facility zone districts, is hereby amended as follows: Agricultural and Public Facilities Districts Accessory Uses Notes Electric Vehicle Charging Station (EVCS) Section 5. The “Table of Uses – Commercial and Industrial Districts” set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in commercial and industrial zone districts, is hereby amended as follows: 3 Uses Notes NC RC C-1 C-2 I-E Electric Vehicle Charging Station (EVCS), Retail Site design standards for motor fueling stations shall apply, including required landscaped buffers and screening P P P P P Commercial and Industrial District Accessory Uses Notes Electric Vehicle Charging Station (EVCS) Section 6. Section 26-306. B.2 of the Wheat Ridge Code of Laws, concerning the site plan requirements for specific development plans, is hereby amended as follows: 2. Site plan. The drawings shall be to-scale and shall include the locations of the following: … b. Proposed locations for landscaping, parking, and loading (including accessible and Electric Vehicle (EV) parking spaces), building locations, and buffering. … Section 7. Section 26-312.E of the Wheat Ridge Code of Laws, concerning parking requirements for planned residential development (PRD) districts, is hereby amended as follows. E. Parking. In accordance with section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. New development within an existing planned development shall comply with current requirements for minimum EV parking requirements. To the extent the requirements of a planned development conflict with EV requirements, the EV requirements shall control. Section 8. Section 26-313.D of the Wheat Ridge Code of Laws, concerning parking requirements for planned commercial development (PCD) districts, is hereby amended as follows. D. Parking. In accordance with section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved specific 4 development plan. New development within an existing planned development shall comply with current requirements for minimum EV parking requirements. To the extent the requirements of a planned development conflict with EV requirements, the EV requirements shall control. Section 9. Section 26-314.D of the Wheat Ridge Code of Laws, concerning parking requirements for planned industrial development (PID) districts, is hereby amended as follows. D. Parking. In accordance with section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. New development within an existing planned development shall comply with current requirements for minimum EV parking requirements. To the extent the requirements of a planned development conflict with EV requirements, the EV requirements shall control. Section 10. Section 26-315.H of the Wheat Ridge Code of Laws, concerning parking requirements for planned hospital development (PHD) districts, is hereby amended as follows. H. Parking. In accordance with section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. New development within an existing planned development shall comply with current requirements for minimum EV parking requirements. To the extent the requirements of a planned development conflict with EV requirements, the EV requirements shall control. Section 11. Section 26-316.G of the Wheat Ridge Code of Laws, concerning parking requirements for planned mixed use development (PMUD) districts, is hereby amended as follows. G. Parking. In accordance with section 26-1109 or 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. Allowances may be made for shared parking spaces if it can be demonstrated to the satisfaction of the person or approval body designated as having final approval authority that parking demand for different uses occurs at different times. New development within an existing planned development shall comply with current requirements for minimum EV parking requirements. To the extent the requirements of a planned development conflict with EV requirements, the EV requirements shall control. 5 Section 12. Section 26-501.B of the Wheat Ridge Code of Laws, concerning applicability of off-street parking requirements, is hereby amended as follows: B. Applicability. This section shall apply only to new development, major change of uses (e.g., single detached dwelling to office; office to restaurant) or substantial extension of expansion of uses for which a building permit or site use approval is required, established subsequent to the adoption of this provision, provided, however, in residential districts on and after August 31, 2009, it shall be unlawful to park motor vehicles in areas meeting the definition of landscaping as defined in section 26-502, or on uncontrolled weeds, or on compacted dirt surfaces, unless such surfaces constitute a residential driveway or hard surfaced auxiliary storage area and said driveways or storage areas existed prior to August 31, 2009. 1. Applicability to existing uses. a. No existing use or structure shall be deemed nonconforming solely because of the lack of off-street parking (including bicycle parking or EV parking) or loading requirements prescribed in this section. …. … 7. Parking plan required. All plans for the construction of any parking facility, excluding those for single- and two-unit dwellings, must be approved by the director of community development director or his their designee, either through the site plan or specific development plan review process or as part of a building or site work permit application for the site. and a miscellaneous building permit issued before construction is started. No such land shall be used for parking until approved by the director and a permit is issued. The plan must contain the following minimum information: a. Number, location, and size of parking stalls. including accessible, EVCS, and bicycle parking. b. Widths of aisles and islands. … Section 13. Section 26-501. C.2.b of the Wheat Ridge Code of Laws, concerning applicability of shared parking procedures, is hereby amended as follows C. Shared parking. ... 2. Shared parking standards. … b. Shared parking procedure. 6 … ii. Off lot shared parking. … d) Miscellaneous shared parking provisions. The total requirements for off-street parking facilities may be utilized as the sum of the requirements for each of the various uses computed separately. … ii) In no instance may required handicapped accessible parking spaces be provided off lot as part of a shared parking agreement, unless no parking can be provided on site. … iv) EV parking may be provided off site as part of a shared parking agreement. Section 14. Section 26-501. E.9 of the Wheat Ridge Code of Laws, regarding accessible parking requirements, is hereby amended as follows: 9. Handicapped Accessible parking. For all uses other than single- and two-unit dwellings, ADA-compliant accessible parking shall be provided for the handicapped at the minimum rate consistent with the following table. The minimum width of an accessible parking space shall be eight and one-half (8 ½) feet with an adjacent accessible aisle with a minimum width of five (5) feet. Two (2) accessible parking spaces may share a common aisle. Said spaces shall have a minimum access aisle length of twenty (20) feet. Table 8: Handicapped Accessible Parking Total Number of Off-Street Spaces Required Number of Handicapped Accessible Spaces [Message to codifier: No modifications to the remainder of the table.] One (1) in every six (6) accessible spaces, but not less than one (1), shall be designated as van accessible and shall be a minimum of eight (8) feet in width and shall be served by an access aisle a minimum of eight (8) feet in width. “Van accessible” spaces may also be a minimum of eleven (11) feet in width with a minimum access aisle width of five (5) feet in accordance with ANSI 117.1 – Accessible and Usable Buildings and Facilities. a. Signage; location; etc. Each handicapped accessible space shall be marked with a freestanding sign containing the International Symbol of Accessibility and shall be a minimum of sixty (60) inches above the 7 floor of the parking space, measured to the bottom of the sign. Signage for van accessible spaces shall contain the designation “van accessible”. The International Symbol of Accessibility shall also be painted on the pavement. Said parking space shall be located as near to the entrance of the use as practically possible and shall not involve crossing any area used for vehicular circulation. The total number of accessible spaces provided for the handicapped shall be included in the total number of parking spaces otherwise required by this section. b. Electric Vehicle Charging Station (EVCS). Any van accessible parking space that is served by an EVCS and is not designated as reserved for a person with a disability must be counted as at least two (2) standard vehicle parking spaces. Section 15. Section 26-501.E of the Wheat Ridge Code of Laws, concerning off- street parking and loading standards, shall be amended with the addition of a new subsection 13, regarding Electric Vehicles (EVs): 13. Electric Vehicles (EVs) and Electric Vehicle Charging Stations (EVCS). a. General standards. All parking spaces that are required to be EVCS must meet the EVCS specifications pursuant to current building codes. All terms used within this section not defined in Chapter 26 of the Code of Laws shall use the definitions pursuant to current building codes, including EV Capable, EV Capable Light, EV Ready, and EVCS Installed. b. Applicability. The requirements of this subsection shall apply as follows: i. For site plan and specific development plan applications approved on and after March 1, 2024, all requirements of this subsection shall apply. ii. For site plan and specific development plan applications approved prior to March 1, 2024 but for which no building or site work permits have been obtained by March 1, 2026, all requirements of this subsection shall apply. A site plan or specific development plan amendment may be required to memorialize the required addition of EVCS or other EV facilities. iii. For new construction not subject to the development review processes of section 26-106, but which does require a building or site work permit and must provide parking, all applicable requirements of this subsection shall apply if a permit is not applied for prior to March 1, 2024. c. Parking requirements. The following Table 12 sets forth the number of required EVCS Installed spaces, EV Ready spaces, and both types of EV Capable spaces. These requirements apply to all 8 new developments for which parking is required. This list is not intended to be exhaustive of each use category; the community development director shall determine the appropriate requirements if the use is not identified in the table below. i. New developments shall meet all requirements in Table 12. ii. Additions for any use other than a single-unit dwelling, duplex, or single-attached dwelling (townhome) that increase existing floor area by sixty (60) percent or more shall be required to provide EV Capable Light spaces at a rate based on the required proportionate increase in spaces from Table 1 and the EV Capable Light percentages in Table 12. iii. For major changes of use that require additional parking spaces, EV Capable Light spaces shall be provided at a rate based on the required proportionate increase in Table 2 and the EV Capable Light percentages in Table 12. iv. For existing multi-unit residential properties undergoing renovations or expansions which disturb a minimum of fifty (50) percent or more of the parking area, all minimum parking requirements of Table 12 shall apply. v. The community development director may waive the requirements of ii and iii above in whole or in part based upon existing conditions, demonstrated by the applicant, that may make it impossible or impractical to install the necessary conduit. Cost of compliance alone shall not be a basis for the waiver. TABLE 12: EVCS Requirements Building Code Category EV Capable EV Ready EVCS Installed EV Capable EV Capable Light Single-unit, duplex, and single-unit attached (townhome) None None 1 per unit1 None Multi-unit residential 10% 30% 15% 5% Multi-unit residential, 10 or fewer total parking spaces required 10% 10% 15% None Commercial and institutional 10% 10% 8% 2% 9 Commercial and institutional with 10 or fewer total parking spaces required None None 2 spaces None Industrial2 None 5% None 2% Footnotes: 1. For any dwelling unit with a dedicated attached or detached garage or other on-site designated parking provided for the dwelling unit. 2. Exclusive of warehouse and distribution space for which there is no requirement. d. Any EV parking space provided shall be counted towards the overall number of required parking spaces. e. Sites exceeding minimum requirements. EVCS Installed spaces that exceed the minimum requirements of this section are permitted to be used to meet the minimum requirements for all space types. EV Ready spaces that exceed the minimum requirements of this section are permitted to be used to meet the minimum requirements of EV Capable and EV Capable Light spaces. EV Capable spaces that exceed the minimum requirements of this section are permitted to be used to meet the minimum requirements of EV Capable Light spaces. f. Signage. All EVCS Installed spaces shall include signage identifying them as restricted parking for EVs. If time limits or vehicle removal provisions are to be enforced, regulatory signage including parking restrictions shall be installed immediately adjacent to, and visible from, the EVCS. g. Accessible spaces. An EVCS shall be considered accessible if it is located adjacent to, and can serve, an accessible parking space as defined and required by this code and the ADA. Section 16. Section 26-1105. E.4 of the Wheat Ridge Code of Laws, regarding build-to requirements for gas stations in mixed use zones, is hereby amended as follows: E. Build-to areas. Build-to areas are intended to bring multiple façades toward the street… … 4. Gas stations and Retail EVCSs may meet build-to requirements through one (1) or any combination of the following two (2) elements: (1) Structure within the build-to area; (2) Canopy within the build-to area (Figures 4 and 5). Gas stations and Retail EVCS facilities must also provide a screen wall, thirty (30) to forty-two (42) inches in height, for one hundred (100) percent of the primary and secondary street frontage, 10 excluding access points and where portions of the building are within the build-to area. The screen wall shall be a continuous masonry wall constructed of stone, brick, or split-face concrete block, or a combination masonry pier and decorative iron railing. There shall be a minimum four- foot-wide landscape buffer between the screen wall and the property line. … Section 17. Section 26-1109 of the Wheat Ridge Code of Laws, the table regulating parking requirements for mixed use zone districts, is hereby amended as follows by adding a new subsection L: L. Electric vehicle (EV) parking shall be provided in accordance with section 26-501. E.13. Section 18. Section 26-1111.B of the Wheat Ridge Code of Laws, which contains the permitted use table for mixed use zones, is hereby revised as follows: Permitted Uses Use Group MU-C MU-C Interstate MU-C TOD MU-N … Commercial Services and Retail Electric Vehicle Charging Station (EVCS), Retail P P P P Ancillary Uses Electric Vehicle Charging Station (EVCS) P P P P Section 19. Section 26-1111.D of the Wheat Ridge Code of Laws, which regulates separation requirements for motor fueling stations, is hereby revised as follows: D. Separation requirements for motor fueling stations. Where motor fueling stations are permitted in the permitted use table (section 26-1111. B.), the following separation requirements shall apply. These separation requirements shall not apply in the MU-C interstate sub-district and shall not apply to any mixed-use development that has an approved concept plan (per section 26-1116)., and shall not apply to Retail EVCS facilities. Section 20. 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. 11 Section 21. Effective Date. This Ordinance shall take effect on March 1, 2024, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 12th day of February 2024, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for February 26, 2024 at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 26th day of February 2024. SIGNED by the Mayor on this _____ day of ____________, 2024. _______________________________ Bud Starker, Mayor ATTEST: _________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: February 13, 2024 Second Publication: February 27, 2024 Effective Date: March 1, 2024 Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 6 DATE: February 12, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 06-2024 – A RESOLUTION IN SUPPORT OF DEMOCRACY PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO City Manager ISSUE: This resolution declares the Council’s unwavering commitment to supporting democracy. The resolution affirms, emphasizes, and actively promotes democratic values and principles within the City of Wheat Ridge, encouraging widespread participation in fostering an inclusive and accountable governing structure. PRIOR ACTION: The City Council proposed bringing forward a resolution in support of democracy at the January 22, 2024, meeting. FINANCIAL IMPACT: None. BACKGROUND: This resolution reassures the community that the City of Wheat Ridge is committed to supporting democracy. It acknowledges the inherent right that all persons must participate in the decision making processes and underscores the democratic principles that are intrinsic to the City’s identity. It urges local governments and individuals to unite in support of democratic institutions, recognizes the City’s commitment to public participation in government, epitomized by the many active volunteers serving on public bodies, and highlight’s the Inclusion, Diversity, Equity Council Action Form – A Resolution in Support of Democracy February 12, 2024 Page 2 and Accessibility (IDEA) Committee’s mission to foster greater social equity and inclusivity, which are fundamental to democracy. The resolution invites other entities to join Wheat Ridge in supporting democracy, emphasizing the importance of transparency, accountability, and ethical conduct. It encourages citizens to participate in government, exercise their voting rights, and engage in constructive dialogue, which are essential components of a successful democracy. Furthermore, it serves as a collective call to action to develop a vibrant and inclusive democratic culture to shape the future. RECOMMENDATIONS: Staff recommends the approval of this resolution to affirm the Council’s support for democracy. RECOMMENDED MOTION: “I move to approve Resolution No. 06-2024, A Resolution in Support of Democracy.” Or, “I move to postpone indefinitely Resolution No. 06-2024, A Resolution in Support of Democracy for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Cole Haselip, Management Analyst Marianne Schilling, Assistant City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 06-2024 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 06 Series of 2024 TITLE: A RESOLUTION IN SUPPORT OF DEMOCRACY WHEREAS, a democratic culture and form of government is an essential part of our society, providing citizens with the inalienable right to participate in the decision-making process that shapes our community; and WHEREAS, democracy is a commitment toward the fundamental dignity and worth of all people, a belief in the rule of law and the accountability that comes from representative government, and the free exchange of ideas; and WHEREAS, the City Council recognizes the historical struggle for democracy worldwide and honors those who have fought for the right to organize a government of the people, by the people, for the people; and WHEREAS, the City Council asserts that it is the responsibility of local government and every individual to protect and strengthen the institutions of democracy and set aside small differences in service of a greater purpose; and WHEREAS, the City Council affirms its commitment to upholding the principles of democracy, ensuring that the will of the people is heard and respected; and WHEREAS, the City of Wheat Ridge actively demonstrates its dedication to public participation in governance through the invaluable contributions of numerous volunteers on City Boards, Commissions, Authorities, Committees; and WHEREAS, the City of Wheat Ridge acknowledges that inequality, discrimination, and hate pose significant threats to the justice of democracy, prompting the establishment of the IDEA Committee to foster a more equitable and inclusive community. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Wheat Ridge, Colorado, that the City reiterates its unwavering commitment to the principles of democracy and preservation of citizens’ rights to participate in the decision-making process that impacts their lives and the Mayor and City Council are dedicated to fostering an inclusive and participatory democracy, welcoming input and engagement from all residents regardless of their background, religion, race, gender, sexuality, or socioeconomic status. DONE AND RESOLVED this 12th day of February 2024 ATTEST: Steve Kirkpatrick, City Clerk Bud Starker, Mayor ITEM NO: 7 DATE: February 12, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION APPROVING THE REVISED COUNCIL RULES OF ORDER AND PROCEDURE DATED FEBRUARY 13, 2023 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: The Charter of the City of Wheat Ridge provides that the Council may determine its own rules of procedure for meetings. Section B of Suspension and Amendment of these Rules states “These Rules may be amended, or new Rules adopted by a majority vote of City Council Members present at a Regular or Special Meeting, provided that the proposed amendments or new Rules shall have been submitted in writing to City Council at a preceding meeting or a Study Session. Any City Council Member, or the Mayor, may initiate an amendment of these Rules in the manner provided for initiation of Agenda Items by Rule V.D. These Rules shall be reviewed and revised by the City Council as needed and as provided for herein.” PRIOR ACTION: Council Rules of Order and Procedure were last amended in 2023. Proposed amendments were reviewed at the January 22, 2024 special study session. SUMMARY: Attached is a redline version of the Council Rules of Order and Procedure resulting from the January 22, 2024 special study session at which numerous sections of the Rules were discussed and recommended for change. The changes which received a consensus from City Council have Council Action Form - Council Rules of Order and Procedure February 12, 2024 Page 2 been incorporated into the attached revised Council Rules of Order and Procedure. The following amendments are included: Cover Page – date of revision changed to February 12, 2024 Section II.A.2.a – deleted the ability of speakers to donate their time to another speaker Section II.A.3.a – deleted the ability of speakers to donate their time to another speaker Section II.A.4.a – added language to provide the chair of the meeting the ability to limit the amount of time for Public’s Right to Speak Section II.A.4.b – clarifies what public comments can be censored Section II.A.4.c – clarifies that public comments should be of the “spoken word” Section II.A.4.d – clarifies that speakers are “required” rather than “requested” to sign the appropriate rosters for public comment Section III.B.1. – changes the date for the election of the Mayor Pro Tem from November to January Section III.E.1. – changes the Council Parliamentarian from the Mayor Pro Tem to the Mayor Section III.E.2. – deletes the following language – “The Parliamentarian shall advise the Chair and members of Council on parliamentary rules.” Section III.E.3. – clarifies that “Bob’s Rules of Order” shall advise the Parliamentarian regarding questions of order rather than “Robert’s Rules of Order.” Section III.E.4. – clarifies that “Bob’s Rules of Order” shall advise the Parliamentarian regarding questions of order rather than “Robert’s Rules of Order.” Section IV.A.4. – clarifies that the Mayor Pro Tem can schedule additional study sessions as necessary but not to take place at any other day and time. RECOMMENDATION: Staff recommends approval of the revised Council Rules of Order and Procedure. RECOMMENDED MOTION: “I move to approve the revised Council Rules of Order and Procedure dated February 12, 2024.” Or, Council Action Form - Council Rules of Order and Procedure February 12, 2024 Page 3 “I move to deny the approval of the revised Council Rules of Order and Procedure dated February 12, 2024, for the following reason(s) _______________________________.” REPORT PREPARED/REVIEWED BY; 1. Patrick Goff, City Manager 2. Jerry Dahl, City Attorney ATTACHMENTS: 1. Draft Rules dated February 12, 2024 – REDLINE RULES OF ORDER AND PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE COLORADO Revised: February 123, 20243 ATTACHMENT 1 -2- TABLE OF CONTENTS I. AUTHORITY 3 II. PUBLIC’S RIGHT TO SPEAK 3 III. CHAIR, MAYOR PRO TEM, CITY CLERK, CITY ATTORNEY, PARLIAMENTARIAN AND THEIR DUTIES AT MEETINGS 5 CHAIR………………………………………………………………………………………………………………5 MAYOR PRO TEM .............................................................................. 5 CITY CLERK..................................................................................... 6 CITY ATTORNEY ............................................................................... 6 PARLIAMENTARIAN AND RULES OF ORDER........................................... 6 IV. COUNCIL MEETINGS AND MEETING PROCEDURES 6 TYPES OF MEETINGS ........................................................................ 6 STUDY SESSIONS ............................................................................ 7 ADJOURNED MEETINGS .................................................................... 7 EXECUTIVE SESSIONS ...................................................................... 7 MEETING NOTICES AND REQUIREMENTS ............................................. 8 ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL GATHERINGS .................................................................................. 8 ABSENCES ...................................................................................... 9 RIGHT OF THE FLOOR ....................................................................... 9 ELECTED OFFICIALS’ MATTERS .......................................................... 9 V. ORDER OF BUSINESS AND THE AGENDA 9 SCOPE OF RULE ............................................................................... 9 ORDER OF BUSINESS…………………………………………………………………………………….9 AGENDA PREPARATION AND INITIATION OF AGENDA ITEMS……………………10 INITIATING AND ADDING AGENDA ITEMS ........................................... 11 PUBLIC HEARINGS .......................................................................... 12 ORDINANCES ON FIRST READING ..................................................... 12 TIME OF ADJOURNMENT................................................................... 12 VI. RECONSIDERATION 13 VII. SUSPENSION AND AMENDMENT OF THESE RULES 13 SUSPENSION.................................................................................. 13 AMENDMENT .................................................................................. 14 -3- RULES OF ORDER AND PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO I. AUTHORITY Sections 4.7 and 5.1 of the Home Rule Charter of the City of Wheat Ridge authorize the City Council to determine its own rules of order and procedure for meetings. The following Rules shall be in effect upon their adoption by the Council until such time as they are amended or new Rules adopted in the manner provided by these Rules. II. PUBLIC’S RIGHT TO SPEAK A. PUBLIC’S RIGHT TO SPEAK 1. Public’s right to speak at meetings of the City Council is of primary importance. This Rule describes those rights and the manner in which they are exercised. 2. Public’s right to speak at Regular, Adjourned and Special Council Meetings a) For non-agenda items: a member of the public may speak once per meeting for a maximum of three (3) minutes on any item not on the agenda. Up to two (2) members of the public present and signed up to speak may donate their time to the speaker for a maximum of nine (9) minutes. b) For non-agenda items: a member of the public requiring translation services may speak once per meeting for a maximum of six (6) minutes. c) For agenda items: a member of the public may speak once for each agenda item, for any length of time unless time is limited by the chair at the beginning of the item. 3. Public’s right to speak at Study Sessions: a) A member of the public may speak once per agenda item for a maximum of three (3) minutes. Up to two (2) members of the public present and signed up to speak may donate their time to the speaker for a maximum of nine (9) minutes. -4- b) A member of the public requiring translation services may speak once per agenda item for a maximum of six (6) minutes. c) Public comments will be heard at the beginning of the Study Session, unless the Study Session is combined with a Regular, Special or Adjourned Council meeting, in which case the comments may be taken at the beginning of that meeting. 4. General Restrictions on Public’s Right to Speak a) There is no limit on the number of persons who may speak.speak, provided, however, at the beginning of that portion of the meeting, the chair may limit the amount of time per speaker and/or the total amount of time for Public’s Right to Speak, based on the number of persons signed up b) Content of Public Comments are not censored, other than threatening language or behavior which directly threatens persons present in the room or which is disrupting the conduct of the meeting.language which could disrupt the meeting or cause those in attendance to feel unsafe, which is not permitted. c) Speakers should limit their comments to the spoken word and the relevant topic or agenda item. d) Speakers are required requested to sign the appropriate roster in the Council Chambers and will be called in order. e) Written comments provided to the Council in any of the online tools provided by the City, or in hard copy, are permitted on any agenda or non-agenda item and should be given to the City Clerk for distribution to the Council members and inclusion in the record. It is the expectation that Council members will read these comments before the respective meeting. The reading of written comments into the record is not permitted unless a member of the public representing the author is present to read them into the record at the written request of the author. A Council Member or the City Clerk may read written comments into the record with the approval of the majority of the Council present. Any such individual reading is limited to three (3) minutes on non-agenda items. f) Speakers may provide other documents, photos, etc. to the Council by giving them to the City Clerk. g) The City Clerk, or his or her designee, is the designated timekeeper for all time-limited comments. -5- h) Councilmembers and the Mayor have the choice of whether or not to respond to members of the public after the completion of Public’s Right To Speak. III. CHAIR, MAYOR PRO TEM, CITY CLERK, CITY ATTORNEY, PARLIAMENTARIAN AND THEIR DUTIES AT MEETINGS A. CHAIR 1. The Mayor shall preside over the meetings of the City Council as the Chair. 2. In the absence of the Mayor, the Mayor Pro Tem shall preside as the Chair. 3. The Chair shall preserve order and decorum, prevent personal attacks or the impugning of member’s motives, confine members in debate to questions under discussion, be responsible for conducting meetings in an orderly manner, assure that the minority opinion may be expressed and that the majority be allowed to rule. B. MAYOR PRO TEM 1. At the first or second Regular meeting in November January of each year, the Council shall elect a Mayor Pro Tem who shall serve until their successor is elected. The procedure shall be as follows: a) The Chair will announce that the floor is open for nominations for the position of Mayor Pro Tem. b) Nominations will be taken from City Council members by voice. No second is needed. c) Each nominee will have the opportunity to address the Council. d) A motion and second is then in order to elect one of the nominees to the position of Mayor Pro Tem. If the motion is not carried, additional motions are in order until a Mayor Pro Tem is elected by a majority of Council present. 2. If presiding as the meeting Chair, the Mayor Pro Tem shall have the voting privileges of a regular Council Member. -6- 3. The Mayor Pro Tem’s duties shall include reviewing and setting the Agenda prior to Council Meetings and adding emergency items for discussion if necessary. The Mayor Pro Tem shall have the authority to remove any item from the Agenda of any Regular Meeting or Study Session, before publication, with the exception of: a) An item placed on the Agenda by two (2) Council Members or by the Mayor and one (1) Council Member prior to the meeting pursuant to Rule V.D.1; or b) An item added by the Council by majority vote of Council present during any meeting pursuant to Rule V.C.6. 4. The Mayor Pro Tem shall arrange for and coordinate the orientation of all newly elected officials, including a review of these Rules, within two (2) months after the election. C. CITY CLERK The City Clerk, or designated representative, shall attend all meetings of Council and shall keep the official minutes. D. CITY ATTORNEY The City Attorney or acting City Attorney shall attend all meetings of the Council unless excused by the City Council and shall, upon request, give an opinion, either written or oral, on the question of law. E. PARLIAMENTARIAN AND RULES OF ORDER 1. The Mayor Pro Tem shall also function as the Council Parliamentarian, and may call upon the City Attorney for a recommendation on procedure, if desired. 2. The Parliamentarian shall advise the Chair and members of Council on parliamentary rules. 3. The current edition of Robert’s Bob’s Rules of Order, newly revisedas an advisory guide, shall advise the Parliamentarian regarding questions of order and procedure in all cases to which they are applicable and in which they are not inconsistent with these Rules, the Wheat Ridge Home Rule Charter, the Wheat Ridge Code of Laws or other laws governing the City. 4. In cases where the current edition of Robert’s Bob’s Rules of Order, newly revised, are inconsistent with these Rules of Order and Procedure, these Rules of Order and Procedure control. -7- 5. The Mayor (or the Mayor Pro Tem, if presiding), shall be the final authority on all points of order or procedure, subject to override upon a three-fourths (3/4) majority vote of the entire Council. IV. COUNCIL MEETINGS AND MEETING PROCEDURES A. TYPES OF MEETINGS 1. The Council meets for Regular, Adjourned, and Special Meetings and Regular and Special Study Sessions. 2. Regular Meetings are held the second (2nd) and fourth (4th) Monday of each month at 6:30 PM unless otherwise provided by amendment of these Rules. 3. Study Sessions are held the first (1st) and third (3rd) Monday of each month at 6:30 PM, unless otherwise provided by the Mayor Pro Tem. 4. The Mayor Pro Tem may schedule additional Study Sessions to take place at any other day and time.as necessary. 5. Council members are expected to attend Council meetings in person. In the event of illness, weather, or other necessity, council members may attend virtually by telephone or through the Zoom or other remote attendance platforms provided by the City, as a last resort B. STUDY SESSIONS 1. Study Sessions shall be for the purpose of discussing concepts and ideas. No formal business shall be conducted. Consensus votes during all Study Sessions are non-binding, with exception of consensus votes to schedule or decline to schedule a matter for consideration at a Regular or Special Meeting, which may, however, be reconsidered after six (6) months as permitted by Rule V.D.3. Until an issue is disposed of at a Regular, Adjourned, or Special Meeting, it may be amended or reconsidered in that or any future Study Session. 2. Public Comment will be allowed at the beginning of a Study Session as provided by Rule II.A.3. C. ADJOURNED MEETINGS Any Meeting of the Council may be adjourned, by a majority vote of council members present or the chair, to a later date and time, provided that no adjournment shall be for a period longer than the next Regular Meeting. D. EXECUTIVE SESSIONS -8- 1. The Council may meet in Executive Session on a vote of a majority of City Council members present in a Regular or Special Meeting (Charter Section 5.7). 2. No notes may be taken during an Executive Session except by the City Clerk and/or City Attorney. 3. If, at any time during the Executive Session, a Council Member feels that a matter is being discussed other than that stated as the purpose of the Executive Session, that member should so state and may request that the Executive Session be terminated. If a consensus of City Council Members present agree, the session shall be terminated or the discussion shall be returned to the stated purpose of the Executive Session. 4. All requirements of the Colorado Open Meetings Law shall be followed. E. MEETING NOTICES AND REQUIREMENTS 1. Meetings involving no more than two (2) Council Members, whether in person, by telephone or other electronic medium and whether or not the Mayor also attends, shall not be subject to any of the requirements of this Rule. 2. Meetings of any three (3) or four (4) Council Members must be open to the public, but no advance notice is required. 3. All meetings of five (5) or more Council Members must be preceded by public notice of the meeting posted at least 72 hours prior to the meeting, with the exception of Special Meetings and emergency Special Meetings, pursuant to Charter Section 5.2, on the City website and the locations designated by resolution of the Council, listing the topic of the meeting, its location, time, and date. Copies of the notice shall be given to all City Council Members and the City Clerk at least 72 hours before the meeting. a) The City Clerk is responsible for the posting of the meeting pursuant to the Charter and Code. b) There is no responsibility to post notices of meetings of other bodies and groups, whether or not members of the Council are expected to attend. 4. Public meetings arranged by the City for members of the public, such as open houses and public input meetings, are not meetings of the City Council. F. ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL GATHERINGS -9- 1. The purpose for this rule is to permit the City to be represented by its elected officials at meetings of other groups or organizations, including, without limitation, intergovernmental organizations, neighborhood organizations, business and service organizations, and other organizations or groups with which the City has a relationship. 2. Any member of Council and the Mayor may attend meetings of other groups without prior notice, provided however, that any such meeting, if attended by three (3) or more members of the Council, is open to the public, pursuant to Section 24-6-401, et seq., C.R.S. 3. Social gatherings, at which the discussion of public business is not the central purpose, shall not be subject to any of the requirements of Rule IV.E. G. ABSENCES In the event that a Council Member expects to be absent from a Regular, Special or Adjourned Meeting or Study Session, the Member shall notify the City Clerk, and the City Clerk will duly notify the City Council at the beginning of the meeting. H. RIGHT OF THE FLOOR 1. The chair must first recognize each Council Member requesting to speak unless limited by a motion to limit debate or for calling the question. (applicable also to Study Sessions) 2. Speakers shall confine themselves to the question under discussion. All discussion must be germane to the Agenda Item. (applicable also to Study Sessions) 3. Members of Council shall avoid personal attacks and refrain from impugning the motives of any member’s argument or vote. (applicable also to Study Sessions) 4. Once a vote, or in the case of a Study Session a Consensus, has been taken, there shall be no further discussion on that motion or Agenda Item unless a motion to reconsider is adopted. I. ELECTED OFFICIALS’ MATTERS This is the time elected officials may make comments on any subject. Time limit per elected official will be five (5) minutes. V. ORDER OF BUSINESS AND THE AGENDA A. SCOPE OF RULE: This Rule V shall apply only to Regular, Special and -10- Adjourned Meetings, and not to Study Sessions, unless specifically noted. B. ORDER OF BUSINESS The general rule as to the Order of Business in Regular Meetings: • CALL TO ORDER • PLEDGE OF ALLEGIANCE • ROLL CALL • APPROVAL OF MINUTES • APPROVAL OF AGENDA • PROCLAMATIONS AND CEREMONIES • PUBLIC’S RIGHT TO SPEAK • CONSENT AGENDA • PUBLIC HEARINGS, ORDINANCES ON SECOND READING • ORDINANCES ON FIRST READING • DECISIONS, RESOLUTIONS AND MOTIONS • CITY MANAGER’S MATTERS • CITY ATTORNEY’S MATTERS • ELECTED OFFICIALS’ MATTERS • ADJOURNMENT C. AGENDA PREPARATION AND INITIATION OF AGENDA ITEMS 1. The Order of Business of each meeting shall be as contained in the Agenda prepared by the Mayor Pro Tem following the Order of Business provided in this Rule. 2. By majority vote of the City Council during any City Council meeting the order of business for that meeting may be changed. The City Manager and City Attorney may also propose to add or delete items to the Agenda of such meetings under “Approval of Agenda,” subject to approval by a majority of the Council members present. 3. The Agenda shall be distributed to the members of City Council and the public by 5:00 PM on the Thursday prior to the Monday of the Regular Meeting. 4. The City Clerk’s Office shall be notified of the Agenda by noon on the Wednesday preceding the Monday on which the City Council meets. All backup material and documents required for the Agenda shall be filed with the Clerk’s office by 5:00 PM on that day in order to be included in the City Council packet. 5. A majority of City Council Members present at a meeting is required to direct the City Attorney or staff to draft an ordinance to be included on the Agenda. -11- 6. A majority vote of City Council Members present may add, change the order of, or delete an item from, the Agenda under “Approval of Agenda.” In Regular Meetings, this must be done before Public Hearings and Ordinances on Second Readings. 7. The first option of introducing Agenda Items shall go to a representative of the City Council District to which the Agenda Item pertains or to the City Council Member who initiated the item. Council Agenda Items not specific to a City Council District may be introduced by any member requesting such privilege from the Chair in advance of the meeting. The Mayor shall assign Agenda Item introductions and notify each City Council Member and the City Clerk prior to each City Council meeting. 8. Fiscal Notes. On any Agenda item containing a fiscal impact on the City’s budget, the City Manager shall prepare a brief explanatory note that shall include a reliable estimate of any anticipated change in the expenditures or revenues to the City and whether such expenditures or revenues shall be recurring in nature during future budgets years. This shall include any principal and interest payments required to finance expenditures. 9. City Council may not approve an appropriation under City Manager’s Matters, City Attorney’s Matters, or Elected Officials’ Matters. D. INITIATING AND ADDING AGENDA ITEMS 1. City Council Members or the Mayor may each originate an Agenda Item with the approval of one other City Council Member. Each City Council Member and the Mayor shall be allowed to originate only two (2) items per month to be added to the Agenda of a Regular Meeting or a Study Session, subject to the scheduling authority of the Mayor Pro Tem under Rule III.B.3. It is the intent of this Rule that no more than two (2) agenda items may be initiated by the Mayor or any City Council Member during any single month. 2. It is the responsibility of the originating City Council Member to provide backup material for the City Council packet as to the subject or arrange for that backup material to be prepared. No item may be included in the Agenda without proper backup. 3. Other than by reconsideration pursuant to Rule VI, once an item has been decided by a formal City Council vote at any Regular, Special or Adjourned Meeting or by a binding consensus vote at any Study Session under Rule IV.B.1, it is not eligible to be added to a future Agenda for six (6) months. 4. Motions made by City Council Members which are not in the City Council packet should be submitted to the City Clerk and the Mayor in -12- writing during the City Council Meeting so they may be accurately voted upon and included in the minutes. 5. During a Regular Meeting, under the City Manager’s Matters, the City Attorney’s Matters or the Elected Official’s Matters portion of the Agenda, or at a Study Session, the Mayor, a City Council Member, the City Manager, or the City Attorney may request that a motion be made to add an item to a future Agenda for consideration, subject to approval by the City Council by a majority vote of Council present (for addition to a Regular Meeting Agenda) or a consensus vote (for additions to a Study Session Agenda). 6. The City Manager may add administrative and operational items to the agenda during “Approval of Agenda.” E. PUBLIC HEARINGS 1. All speakers are requested to sign up on the appropriate roster, indicating whether they intend to speak to a particular Agenda Item. There is no time limit on individual public testimony, provided, however, that the chair may impose a limit on individual speakers’ time in consideration of the number of speakers signed up on the hearing item and the available time for the hearing The City Council shall not entertain a motion for the final disposition of the matter until the City staff and applicant have made their presentations, if any, the public has been able to speak on the matter, the City staff and the applicant have been given the opportunity to clarify any issues raised, and the public hearing has been closed, provided that motions regarding the conduct, scheduling or continuation of the public hearing shall be proper at any time. 2. Hearings which are labeled as “Quasi-Judicial” matters on the Request for Council Action in the meeting packet: a) Councilmembers shall refrain from communicating with each other, the applicant, or the public prior to the hearing. b) Written material and e-mails received prior to the hearing shall be forwarded to staff for inclusion in the hearing record. c) The chair shall swear in all witnesses, affirming their intention to tell the truth F. ORDINANCES ON FIRST READING 1. It is the goal and desire of City Council to allow all interested parties to provide input during the Public Hearing/Second Reading on all proposed ordinances. A full, complete, and open discussion of all -13- proposed ordinances is encouraged during the Public Hearing/Second Reading. 2. Therefore, public comment and staff presentations will occur only during the Public Hearing/Second Reading. First Reading will be for the purposes of setting proposed ordinances for publication, and establishing a date for the Public Hearing/Second Reading. G. TIME OF ADJOURNMENT 1. At 11:00 PM, the City Council shall complete action on the Agenda Item then under discussion and shall adjourn the meeting. 2. Prior to such adjournment, the City Council may take any of the following actions: a) Acting by three-fourths (¾) majority vote of the City Council Members present, complete all or portions of the remaining Agenda. b) Acting by a majority vote of the City Council Members present, schedule any unfinished items for a future Regular or Special Council Meeting. c) Acting by majority vote of the City Council Members present, continue the meeting to a later date and time certain. VI. RECONSIDERATION 1. A motion to reconsider may be made only by a City Council Member originally voting with the prevailing side. 2. Such motion to reconsider shall be made only at that or the next scheduled Regular Meeting. A continued or rescheduled meeting shall be considered a next scheduled Regular Meeting for the purpose of such motion to reconsider. If not reconsidered at that time, the issue may not be placed on any agenda for six (6) months. 3. A motion to reconsider shall require an affirmative vote of a majority of the entire City Council. 4. A City Council Member who was absent from the meeting at which the item was discussed may vote on the substantive matter following a successful motion to reconsider provided that City Council Member affirms, on the record, that he or she has listened to the recording of that Agenda Item. -14- VII. SUSPENSION AND AMENDMENT OF THESE RULES A. SUSPENSION Any provision of these Rules not governed by the Home Rule Charter or Code of Laws may be temporarily suspended by a three-fourths (3/4) majority vote of the City Council Members present. B. AMENDMENT These Rules may be amended, or new Rules adopted by a majority vote of City Council Members present at a Regular or Special Meeting, provided that the proposed amendments or new Rules shall have been submitted in writing to City Council at a preceding meeting or a Study Session. Any City Council Member, or the Mayor, may initiate an amendment of these Rules in the manner provided for initiation of Agenda Items by Rule V.D. These Rules shall be reviewed and revised by the City Council as needed and as provided for herein.