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HomeMy WebLinkAboutSUP-18-03City of-WheatIltlge The following case numbers relate to the construction of a 9' high electric fence on property located at 9850-9870 W. I-70 Frontage Road North. Case No. WA-14-11 was a request for approval of a fence height variance to allow a 9' high electric fence. This ease was approved to allow a fence height variance with the condition that the fence not be electrified. The applicant did not agree with this condition of approval and did not submit an appeal of the decision to the Board of Adjustment within the allotted timeframe. Case No. WZ-15-03 was a request for approval of an interpretation by the Board of Adjustment as to what constitutes a dangerous/non-dangerous fence. The BOA found in favor of Staff' s recommendation that an electric fence constitutes a safety hazard so a permit for construction of a fence could not be issued. Case No. ZOA-18-03 was an amendment to the zoning code relative to section 26-603/fencing allowing electrified fences in certain situation s with approval of a Special Use Permit (SUP). Case No. SUP-18-03 was a request to allow an electrified fence at 9850-9870 W. I-70 Frontage Road North. This case was approved and a permit for construction of the fence was issued on September 27, 2018 (permit #201802371). L A Meredith Reckert Fronn:Patrick Goff Sent:Friday, September 28,2018 9:14 AM To:Meredith Reckert; Kenneth Johnstone; Daniel Brennan CC Lauren Mikulak Subject:RE: EGD Follow Up Flag:Follow up Flag Status:Flagged Council was supportive of allowing the electric fence surrounding the entire property as long as the electrification is turned off during business hours, approximately 7 a.m. to 7 p.m. The applicant was also open to working with the school and community if there were events adjacent to the fence outside of these hours that might require the electrification to be turned off. Thanks Patrick Goff City Manager City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80033 303-235-2805 (office) 303-995-6465 (mobile) www.ci.wheatridge.co.us 164 -0 City of0 W heat Rogp CITY MANAGER'S OFFICE From: Meredith Reckert Sent: Friday, September 28, 2018 9:05 AM To: Kenneth Johnstone <kjohnstone@ci.wheatridge.co.us>; Daniel Brennan <dbrennan@ci.wheatridge.co.us>; Patrick Goff <pgoff@ci.wheatridge.co.us> Cc: Lauren Mikulak <Imikulak@ci.wheatridge.co.us> Subject: EGD Gentlemen For those of you who are not aware, Community Development approved the Special Use Permit to allow Electric Guard Dog/RV World to erect a 9' high electric fence. One of the conditions of approval included was a restriction that a charged fence not be allowed adjacent to the Pennington Elementary school grounds. Attached is the SUP approval document with the listed restrictions - see condition #4. The inclusion of this condition was based on discussion at the neighborhood meeting and prior conversations with the school district. The applicant is opposed to this condition. Are we comfortable changing the conditions of approval to allow the charged fence adjacent to the school? If so, I will modify the documentation. Please let me know your thoughts. 1 Meredith Meredith Reckert, AICP Senior Planner 7500 W. 29th Avenue Wheat Ridge, CO 80033 Office Phone: 303-235-2848 FAX: 303-235-2857 www.ci.wheatridge.co.us 4.ki,City off&29 Wheat 12.idge../ COMMUNIr¥ DEVELOPMENT CONFIDENTIALITY NOTICE: This e-mail contains business-confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 2 Meredith Reckert From:Meredith Reckert Sent:Thursday, September 27,2018 4:47 PM To:'Nikki Huggins' Subject:RE: ETA on approval Attachments:SUP approval.doc; LEM - SUP staff report.doc version.doc Nikki I'm sorry if there was a misunderstanding. Since I was not involved in the conversations between EGD and Ken, Patrick and the Chief, I do not have the background. 1 included this condition based on discussion at the neighborhood meeting and previous input from Jefferson County schools - if I misunderstood, I am sorry. I will need to get with the gentlemen here who were involved and see if they are oka9 removing the condition. Meredith Meredith Reckert, AICP Senior Planner Office Phone: 303-235-2848 FAX: 303-235-2857 *AA. Gly of: WheatRUge- COMMUNITY DEVELOPMENT - From: Nikki Huggins <NHuggins@ELECTRICGUARDDOG.com> Sent: Thursday, September 27, 2018 3:09 PM To: Meredith Reckert <mreckert@ci.wheatridge.co.us> Cc: Michael Pate <mpate@ELECTRICGUARDDOG.com> Subject: RE: ETA on approval Importance: High Hello Meredith, I received the approval letter and conditions today from my tech who sent me a picture of it. I still have not received the email. There is discrepancy between our meetings and agreed upon standards with the conditions listed on this permit. #4. The fence shall not be electrified adjacent to Pennington Elementary School grounds. - This was not agreed upon at any point in this process or any meetings that we have had regarding this installation. It was agreed that the portion of the fence adjacent to the elementary school would not be electrified during non-business hours or hours that the school was in session. The approval was based on the manufacturers specifications and site plans. Please correct the discrepancy. Thank you, 1 A942% ELECTBIC #Relentlessly Protecting GUARD 009. Nikki Huggins Compliance Manager Electric Guard Dog, LLC 803-978-5828 nhuggins@electricguarddog.com electricguarddog.com Follow us: .m ¤Im DtAll R 04 THE 'i·fAR From: Meredith Reckert [mailto:mreckert@ci.wheatridge.co. usl Sent: Tuesday, September 25, 2018 3:41 PM To: Nikki Huggins <NHuggins@ELECTRICGUARDDOG.com> Subject: RE: ETA on approval The report and SUP were approved last Friday. I left a message with Don and copies of the reports are being sent out. 1 believe the permit is ready to be issued but wasn't sure who would pick that up - Ketelsen or EGD? Please contact Kim (303-235-2873) or Dina (303-235-2876) at the permit counter so they know what to expect. Meredith Reckert, AICP Senior Planner Office Phone: 303-235-2848 FAX: 303-235-2857 0.1,- - Cily of3210/heat - COMMUNIT D#,VELOPMEN, Ridge From: Nikki Huggins <NHuggins@ELECTRICGUARDDOG.com> Sent: Tuesday, September 25, 2018 12:01 PM To: Meredith Reckert <mreckert@ci.wheatridge.co.us> Subject: RE: ETA on approval Meredith, Good afternoon. Could you please send me a copy of the report that was approved with conditions? I want to make sure I am not missing anything in my notes to our installer as far as requirements go. Thank you, *- Nikki Huggins Compliance Manager Electric Guard Dog, LLC 803-978-5828 nhuggins@electricguarddog.com electricguarddog.com El,EUIA®U # Follow us: • moimi DEALER OF TH E YEAR . GUARB 9019. Relentlessll Protecting 2 From: Meredith Reckert [mailto:mreckert@ci.wheatridge.co.usl Sent: Monday, September 17, 2018 3:06 PM To: Nikki Huggins <NHuggins@ELECTRICGUARDDOG.com> Subject: ETA on approval Hi, Nikki I was out of town and now am back on it. My supervisor has requested minor changes so I am doing that- hope things are finalized at the end of the week. M Meredith Reckert, AICP Senior Planner Office Phone: 303-235-2848 FAX: 303-235-2857 Cily of W heat R- COMMUNITY DEVELOPM.INT From: Nikki Huggins <NHuggins@ELECTRICGUARDDOG.com> Sent: Monday, September 17, 2018 12:58 PM To: Meredith Reckert <mreckert@ci.wheatridge.co.us> Subject: RE: Special Use Criteria Responses for Rv World DBA Ketelsen Campers of Colorado Meredith, Good afternoon. I am checking in on the below. Are there any updates on this project? Is there an ETA? Thank you, ELECTRIC GUARD F 906. #Relentlessly Protecting lizili;162 Nikki Huggins Compliance Manager Electric Guard Dog, LLC 803-978-5828 nhuggins@electricguarddog.com electricguarddog.com Follow us: . maiay 1 04.41.f k O; THE YEAR From: Meredith Reckert [mailto:mreckert@ci.wheatridge.co.usl Sent: Monday, August 27, 2018 5:59 PM To: Nikki Huggins <NHuggins@ELECTRICGUARDDOG.com> Cc: Michael Pate <mpate@ELECTRICGUARDDOG.com>; Nathan Leaphart <nathan@ELECTRICGUARDDOG.com> Subject: RE: Special Use Criteria Responses for Rv World DBA Ketelsen Campers of Colorado Hi, Nikki - 3 My supervisor is in the process of reviewing my report. I gave your building permit submittal to the permit technicians so the plans can be reviewed. M Meredith Reckert, AICP Senior Planner Office Phone: 303-235-2848 FAX: 303-235-2857 ¥ City of&27 Wheat R,ige/- COMMUNITYDrVELOPMENT From: Nikki Huggins <NHuggins@ELECTRICGUARDDOG.com> Sent: Monday, August 27, 2018 3:21 PM To: Meredith Reckert <mreckert@ci.wheatridge.co.us> Cc: Michael Pate <mpate@ELECTRICGUARDDOG.com>; Nathan Leaphart <nathan@ELECTRICGUARDDOG.com> Subject: RE: Special Use Criteria Responses for Rv World DBA Ketelsen Campers of Colorado Meredith, Good afternoon. I am following up on the below. Could you provide me with an ETA on the SUP please. I appreciate your time and assistance. Thank you, AW, ri /1.tul"®U OUAR" 906. #Relentlessly Protecting Nikki Huggins Compliance Manager Electric Guard Dog, LLC 803-978-5828 nhuggins@electricguarddog.com electricguarddog.com Follow us: .m ¤ Imi DEALER O; THE YEAR From: Nikki Huggins Sent: Monday, August 13, 2018 4:11 PM To: Meredith Reckert <mreckert@ci.wheatridge.co.us> Subject: RE: Special Use Criteria Responses for Rv World DBA Ketelsen Campers of Colorado Meredith, Could you provide me with an ETA on completion of the SUP process. I am trying to look at scheduling and would like to know when to possibly have our crew dedicated here if approved. Thank you, 4 ELECT"19 1 GUARD; 000.1 Nikki Huggins Compliance Manager Electric Guard Dog, LLC 803-978-5828 nhuggins@electricguarddog.com electricguarddog.com Follow us: .m¤. 10*AIER 04 THE YEAR From: Meredith Reckert [mailto:mreckert@ci.wheatridge.co.usl Sent: Monday, August 13, 2018 1:03 PM To: Nikki Huggins <NHuggins@ELECTRICGUARDDOG.com> Subject: RE: Special Use Criteria Responses for Rv World DBA Ketelsen Campers of Colorado Hi, Nikki I am in the process of working on the SUP report for Ketelsen. Is it still the case that the fence will not be extended across the front? The site plan shows it connecting to the east and west sides of the existing buildings but I thought I'd better check. M Meredith Reckert, AICP Senior Planner Office Phone: 303-235-2848 FAX: 303-235-2857 ,#1,Cily ofbp,-WheatR-•' COMMUNITY DLVELOPMEN'l From: Nikki Huggins <NHuggins@ELECTRICGUARDDOG.com> Sent: Friday, August 3, 2018 8:39 AM To: Meredith Reckert <mreckert@ci.wheatridge.co.us> Cc: don.secord@ketelsen.com Subject: Re: Special Use Criteria Responses for Rv World DBA Ketelsen Campers of Colorado Ok great. He had the submittal from May and asked that I send him the Sup criteria to add to that and that was all he would need. Sorry, he must have forgotten to add it. Get Outlook for iOS From: Meredith Reckert <mreckert@ci.wheatridge.co.us> Sent: Friday, August 3, 2018 10:35:17 AM To: Nikki Huggins Cc: don.secord@ketelsen.com Subject: RE: Special Use Criteria Responses for Rv World DBA Ketelsen Campers of Colorado Thanks, Nikki. That's exactly what I needed - not sure why it wasn't in the packet of papers he gave me but we're good #Relintlessly Protacting now. 5 Meredith Reckert, AICP Senior Planner Office Phone: 303-235-2848 FAX: 303-235-2857 F City ofyi t r VVMelt R- COMMUNITY DEVELOPMCNrr ..0 e From: Nikki Huggins <NHuggins@ELECTRICGUARDDOG.com> Sent: Friday, August 3, 2018 8:34 AM To: Meredith Reckert <mreckert@ci.wheatridge.co.us> Subject: Fwd: Special Use Criteria Responses for Rv World DBA Ketelsen Campers of Colorado Here you go! I was able to access the original email and forward. Get Outlook for iOS From: Nikki Huggins Sent: Friday, July 6, 2018 11:12:08 AM To: Kenneth Johnstone Subject: Special Use Criteria Responses for Rv World DBA Ketelsen Campers of Colorado Mr. Johnstone, Thank you so much for your assistance with this process. Attached is the criteria responses for the Special Use permit for the Electric Guard Dog at the referenced property. Based on our previous conversation, this is the only thing that you need in order to start the administrative process for approving the SUP because of the previously submitted documentation and payment. Could you please provide me with an ETA for the completion of this process so that I can update the customer and my processes database for future projects? Please let me know if there is anything else that you need from me. Have a great weekend. Thank you, f i EliiffRED Nikki Huggins GUARO Compliance Manager . 803-978-5828Electric Guard Dog, LLC nhuggins@electricguarddog.com electricguarddog.com li /1-- #Relentlessly Protecting 14:TZ Follow us: m m.. DIALER 04 THE YEAR 6 City of3 WheatRidge-/0COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29th Ave.Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 September 25, 2018 Nikki Huggins Electric Guard Dog, LLC 550 Assembly St., 5th Floor Columbia, SC 29201 Dear Ms. Huggins: Enclosed please find a copy of the Special Use Permit Approval for SUP-18-03 to allow for a 9-foot high electrified fence in the Commercial-One, Planned Industrial Development and Planned Commercial Development zone districts located at 9850-70 W. I-70 Frontage Road South. If you have not done so already, please remove the posting signs associated with this case from the property. Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, 03- Tammy Odean Administrative Assistant Enclosure:Approval of Special Use Permit Ce:Don Secord, Ketelsen Campers of Colorado SUP-18-03 (case file) SUP1803.doc www.ci.wheatridge.co.us L 7500 West 29th Avenue City of Wheat Ridge, Colorado 80033 *0 Wheat Mge303.235.2846 Fax: 303.235.2857 Approval of Special Use Permit WHEREAS, an application for a Special Use Permit was submitted for the property located at 9850- 70 W. I-70 Frontage Road North referenced as Case No. SUP-18-03/Electric Guard Dog for RV World LLC dba Ketelsen Campers of CO; and WHEREAS, City staff found basis for approval o f the Special Use Permit, relying on criteria listed in Section 26-114 of the Wheat Ridge Code of Laws and on information submitted in the case file; and WHEREAS, the Community Development Department has properly notified pursuant to Section 26-109 of the Wheat Ridge Code of Laws; and WHEREAS, there were no registered objections regarding the application; NOW THEREFORE, be it hereby resolved that a Special Use Permit to allow a 9' high electrified fence in Commercial-One, Planned Industrial Development and Planned Commercial Development zone districts (Case No. SUP-18-03/Electric Guard Dog) is granted for property located at 9850-70 W. I-70 Frontage Road South based on the following findings of fact: 1. The request for administrative SUP meets all applicable conditions as required by Section 26-114 of the City of Wheat Ridge Code of Laws. 2. The proposed fence complies with the definition of an electrically charged fence in Section 26-123 of the Wheat Ridge Code of Laws. 3. The request will not have a detrimental effect upon the general health, safety, wel fare or convenience of the public in the area. 4. The request will not adversely affect the adequate light and air, nor cause significant water or noise pollution, or cause drainage problems for the general area. 5. The request will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. 6. The request will not impact the physical character or contribute to blight in the area. 7. The request will not overburden the capacities of the existing streets, utilities, parks, and other public facilities and services. 8. There could be a benefit to the area by reduction in crime. 9. There were no objections received in response to the public notification. With the following conditions: 1. The SUP shall be a grant of use to the existing business owner, RV World LLC dba as Ketelsen Campers o f CO. 2. A notice shall be provided to all public safety agencies serving this area that an electric fence has been installed including information on the fence design, hours o f operation and an emergency contact. 3. The fence shall be turned off when the business is open.. 6 1 4. The property owner shall communicate with Pennington Elementary and district administrative staff regarding installation of the fence including safety information and a points of contact between school administration, Pennington staff and property owner. 5. The fence shall be limited to 9' in height and shall have 1' setback from the existing perimeter fence. 6. The fence shall be signed warning people that it is electric. 7. The Special Use shall comply with all material representations, commitments and operational restrktions as depicted in the application materials and documents maintained in the case file in *e Community Development Department. r i. i .-. i--w«4--1 Kenneth Johnston*.AICP Community Dev6lopment Director \-6 1 \ /15 / Ddie 2 City of37VVheat ge PLANNING DIVISION STAFF REPORT TO Director of Community Development CASE MANAGER: Meredith Reckert DATE:September 19,2018 CASE NO. & NAME:SUP-18-03/ Electric Guard Dog for RV World dba Ketelsen Campers of CO ACTION REQUESTED: Approval of a Special Use Permit to allow a 9' high electrically charged fence LOCATION: APPLICANT (S): 9850-70 W. I-70 Frontage Road South Electric Guard Dog (EGD) APPROXIMATE AREA:10 acres PRESENT ZONING: PRESENT LAND USE: Commercial-One, Planned Industrial Development and Planned Commercial Development RV sales, storage and repair ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Vicinity Map ¥AK L- 9--T- 1146' site ---- --- 41 9 4---:LE ' le17©=B· HWY-- TAGE Rat-----.--22-7----- . t or "•tltt -I .*' r--/- .911./.Me.BW fiK C==Fll 3.jt-1f 'ya,0 96= 1 .r ....Administrative review Case No. SUP-18-03/Electric Guard Dog for RV World dba Ketelsen Campers of CO L A JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to make a decision regarding this case. I. REQUEST The applicant is requesting approval of a Special Use Permit (SUP) to allow a 9' high electrically charged fence on property zoned Commercial-One, Planned Industrial Development and Planned Commercial Development. Pursuant to Ordinance No. 1291,the Community Development Director has the ability to decide upon applications for administrative special use approval, without a public hearing, provided the following conditions are met: 1. A completed application package has been submitted and fee paid. 2. The Community Development Department has notified adjacent property owners by letter and the site has been posted for at least ten (10) days. 3. No written objections have been received in such ten-day period. 4. The Director of Community Development concludes that the criteria for approval, as set forth below, are substantially complied with and support the request. The Community Development Director shall also decide the following: 1. Whether the SUP runs with the land in perpetuity. 2. Whether the SUP is personal to the applicant and may or may not be inherited. 3. Whether the SUP is granted only for a defined period, after which time the special use shall expire unless renewed subject to all of the requirements of this section. If written objections are submitted, the case shall be forwarded to City Council for a decision through a public hearing. II. EXISTING CONDITIONS Property description The property in question is comprised of four parcels with 10 acres of land area and a mix of zoning designations including Commercial-One (C-1), Planned Commercial Development (PCD) and Planned Industrial Development (PID). The property is used for Recreation Vehicle (RV) sales, service and storage. There are existing buildings used for office, display and maintenance on the north side o f the property fronting on the south I-70 frontage road. The combined total of the building area is 38,000 square feet. Two vacant parcels extending almost one quarter of a mile to the south are used for open RV storage. The perimeter of the storage areas is currently enclosed by a mix of 6' high wooden and chainlink fencing.(Exhibit 1, Applicant request)Ketelsen Campers Recreational Vehicles (RV's) has been in business since Administrative review 2 Case No. SUP-18-03/Electric Guard Dog for RV World dba Ketelsen Campers of CO the early 1960's and located in Wheat Ridge for over 30 years. The business is now being operated by RV World dba Ketelsen Campers of Colorado. Adjacent zoning and land use The property has a mix o f zonings and land uses surrounding it.(Exhibit 2, Zoning map)To the south and southwest, it is abutted by vacant land zoned NC, A-1 and PCD. Further north on the western side is a hotel and a fueling station. Both of these properties are zoned C-1. The south I-70 Frontage Road with I-70 beyond abuts the property on the north. To the east are commercial uses zoned C-1 and PID. Further to the south but still on the eastern side of the property is the Pennington Elementary school with associated grounds. These parcels are zoned A-1 and R-2.(Exhibit 3, Aerial photo) III.PROPOSED ELECTRICALLY CHARGED FENCE The applicant has provided a description of the electrically charged fence and associated security system as well as documentation on the safety of electric security fences. Those are attached as exhibits and summarized here.(Exhibit 4, Description of Proposed Security System), (Exhibit 5, University of Wisconsin study) The fence serves as a security system and is comprised of electrical wires strung between 9' high poles. The wires run close together, usually 3-6 inches apart. Cable support poles are spaced 10' apart, behind an existing divisional fence. The electric fence poles are spaces every ten feet to support the electric cables.(Exhibit 6,Proposed site plan ) The system provides electric wires that create a 3/10,00Oth of a second electric shock, which is certified within OSHA Safety Standards by the International Electro-technical commission. Along with an electric shock upon contact, the system is linked to a central monitoring station. If contact is made, the central monitoring system contacts the property owner to ask if the police should be dispatched. The system is both solar and battery powered. It is turned on and off via a key pad or with smart phone access. The 9' high fence would be installed around the rear and sides of the property. For optimum efficiency, the owner would like to have the fence set in 1' from the existing non-electric chainlink fence, which will remain in place. No electrically charged fence will be installed in the front of the property. Likewise, while the fence will have the same appearance adjacent to Pennington Elementary, the electric charge will not be powered based on safety concerns of the City and school district. City Council recently approved new legislation allowing electric fences up to 9' in height with the approval of a Special Use Permit and "where necessitated by a demonstrated need for heightened security due to the nature of the use surrounded by the fence, based upon such circumstances as excessive criminal theft activity and the like" (Ordinance 1648). Administrative review 3 Case No. SUP-18-03/Electric Guard Dog for RV World dba Ketelsen Campers of CO In recent years, the applicant has indicated that the property has been experiencing an increasing number of theft and vandalism crimes with sustained losses in the hundreds of thousands of dollars. In the last 9 months alone, they have indicated that they have sustained over $143,000 worth of damage. The areas most targeted are the open inventory storage areas, which comprise about 5.5 acres of the site. Because these areas are devoid of structures, they have become prime targets due to lack of lighting and visual access. In addition to vandalism to the RV units in open storage, the western building has also been vandalized in the area between the "crook" of the building and the rear of the hotel to the west. That structure appears to be setback roughly 20' from the common property line with the hotel property. The open storage is setback from 5' to 15' from the perimeter property lines.(Exhibit 7, Aerial perspective) The business owner has been working with the Wheat Ridge Police Department to target these crime areas, and the owner has filed a number of police reports and has consulted with the department regarding property protection and crime prevention. Despite the different security techniques tried (dogs, cameras, security guards), none has proven effective. In an effort to curb property crime and for security purposes, the owner is proposing the construction of an electrically charged fence that is 9' high. IV.SPECIAL USE PERMIT CRITERIA Before an administrative special use is approved, the applicant shall show and the Community Development Director shall find that the majority ofthe proposed special use criteria have been met. Staff provides the following review and analysis of the SUP criteria. The applicant has submitted an analysis ofthe criteria.(Exhibit 8, SUP criteria) 1. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. The property has been used commercially since the early 1970's and no physical changes are proposed other than the fence. The vandalism and crime occurring on the subject site has spilled over to other properties in the area, including the residential townhomes east of the play fields for Pennington Elementary. The security system could have a positive impact in the area due to overall crime reduction. The applicant has submitted information regarding the impact on humans when they come into contact with an electric fence which while uncomfortable, should not be life threatening. Staff concludes that this criterion has been met. 2. The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. If the fence successfully reduces crime on the property and in the area, there could be a reduction in blight in the neighborhood. Staff concludes that this criterion has been met. Administrative review 4 Case No. SUP-18-03/Electric Guard Dog for RV World dba Ketelsen Campers of CO 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. The property is zoned C-1, PCD and PID which allow a wide range of commercial and semi-industrial uses. The City's new legislation (Ordinance 1648) relating to the use of electrified fencing limits the zone districts in which they are allowed as a special use to C-l, C-2, I-E, PCD and PID. It further limits electrified fences to those areas "where necessitated by a demonstrated need for heightened security due to the nature of the uses surrounded by the fence, based upon such circumstances as excessive criminal or theft activity and the like." Other business operations with the same zoning rely on outdoor storage but may not meet the criteria to install an electrically charged fence. Staff concludes that this criterion has been met. 4. The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service of internal traffic conflicts to the detriment of persons whether on or off the site. The installation of the electrically charged fence will not result in traffic congestion. No physical changes other than the fence are proposed for the property so there should no impact on parking, loading or other impacts on the site. There will continue to be police calls, at the discretion o f the business owner, but the new system should alleviate unnecessary calls resulting in a more efficient use of City personnel and resources. Stcdf concludes that this criterion has been met. 5. The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. All structures and property improvements are already in place and except for the new fence, no changes to the exterior of the buildings or site are being proposed. All setbacks from surrounding structures will remain the same and the structure height will remain unchanged. The impervious surfaces will not change so site drainage will continue to flow as it does today. The proposed fence ties into the east and west sides of the existing buildings and does not run across the front of the property avoiding an "institutional" look. At 9' in height, the electrically charged fence will extend 3' above the 6' high perimeter fence but should not be discemable from surrounding streets. It will be visible from Administrative review 5 Case No. SUP-18-03/Electric Guard Dog for RV World dba Ketelsen Campers of CO adjacent properties including property to the southwest, which is vacant and being cons idered for development. Staff concludes that this criterion has been met. 6. The special use will not overburden the capacities of the existing streets, utilities parks, schools and other public facilities and services. , All utility agencies are currently serving the property and will continue to do so. There will be no impact on parks, utilities or other public facilities or services if the system is installed with special precautions adjacent to Pennington Elementary. Stcdf concludes that this criterion has been met. 7. There is a history of compliance by the applicant and/or property owner with Code requirements and prior conditions, if any, regarding the subject property. There has been a history of compliance by the business. There have be no code enforcement issues, and the business is currently licensed. Sta# concludes that this criterion has been met. 8. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. The existing structures are already in place and the special use will not trigger compliance with the ASDM. Staff concludes that this criterion is not applicable. 9. The proposed special use promotes goals and outcomes from applicable portions of the City's comprehensive plan and any subarea plan applicable to the subject property. Envision H/heat Ridge, the City's Comprehensive Plan, was adopted in 2009. The plan establishes broad goals for the city regarding land use, the economy, housing, transportation and community character. With regard to economy and business support, the following goals are identified: • To retain and expand existing retailers and established employers • To work with property owners to identify and assist local retailers who may be having difficulties • To promote safety and crime prevention The property is located in the I-70/Kipling Corridors Urban Renewal Plan area. Urban renewal plans are typically considered addendums to comprehensive plans. The Administrative review 6 Case No. SUP-18-03/Electric Guard Dog for RV World dba Ketelsen Campers of CO purposes of an urban renewal plan include identification and elimination of blight, creation of tax increment areas and facilitation of redevelopment opportunities. Included in the definition of blight are "unsanitary or unsafe conditions" and "the existence ofhealth, safety or welfare factors requiring high levels ofmunicipal services." The applicant has indicated vandalism occurs on both the interior and exterior ofthe RV units. They have indicated that vagrants break-in and use the vehicles for temporary living/sleeping quarters resulting in damage and unsanitary conditions. Many times expensive personal items such as flat screen TV's, stereos and tools are stolen. With easy access to I-70, entire vehicles, both self-propelled or pull-behind, have been stolen. The preponderance of crime on the property has proved to be a burden on the police department due to response calls, lengthy investigations and follow-up with the victims and the business owner. Installation of the new security system will help relieve reliance on the police department for after-the-fact police calls, all ofwhich supports the three aforementioned comp plan goals. Staff concludes that this criterion has been met. V. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on July 31, 2018. In addition to city personnel and the applicant, there was one attendee from the neighborhood.(Exhibit 9, Neighborhood meeting notes and sign-in sheet) There were no positive or negative responses to the 10-day administrative posting and noticing for the SUP. VI.AGENCY REFERRALS Referrals regarding this request were sent to the following agencies and City Departments: Wheat Ridge Building Division, Wheat Ridge Police Department, Wheat Ridge Public Works Department, Renewal Wheat Ridge, Arvada Fire Protection District and Jefferson County school district. The following are comments received regarding the proposed SUP. • Arvada Fire Protection District indicated that they would require a department-approved key box with key possession. • Jefferson County School District had no comments. • Wheat Ridge Police Department has recommended several conditions which have been included in the suggested motion. • Wheat Ridge Public Works had no comments. Administrative review 7 Case No. SUP-18-03/Electric Guard Dog for RV World dba Ketelsen Campers of CO VII.STAFF CONCLUSIONS AND RECOMMENDATIONS Having found the application for Case No. SUP-18-03, a Special Use Permit to allow a 9' high electrically charged fence on property located at 9850-70 W. I-70 Frontage Road North, is complete and in compliance with the majority of the applicable review criteria, staff is recommending APPROVAL of the Special Use request based on the following findings of fact: 1. The request for administrative SUP meets all applicable conditions as required by Section 26-114 of the City ofWheat Ridge Code of Laws. 2. The proposed fence complies with the definition of an electrically charged fence in Section 26-123 ofthe City ofWheat Ridge Code of Laws. 3. The request will not have a detrimental effect upon the general health, safety, welfare or convenience o f the public in the area. 4. The request will not adversely affect the adequate light and air, nor cause significant water or noise pollution, or cause drainage problems for the general area. 5. The request will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. 6. The request will not impact the physical character or contribute to blight in the area. 7. The request will not overburden the capacities of the existing streets, utilities, parks, and other public facilities and services. 8. There could be a benefit to the area by reduction in crime. 9. There were no objections received in response to the ten-day public notification. With the following conditions: 1. The SUP shall be a grant of use to the existing business owner, RV World dba Ketelsen Campers of Colorado. 2. A notice shall be provided to all public safety agencies serving this area that an electric fence has been installed including information on the fence design, hours of operation and an emergency contact. 3. The fence shall be turned off when the business is open. 4. The property owner shall communicate with Pennington Elementary and district administrative staff regarding installation o f the fence including safety information and points of contact between school administration, Pennington staff, the business owner and the property owner. 5. The fence shall be limited to 9' in height and shall have 1' setback from the existing perimeter fence. 6. The fence shall be signed warning people that it is electric. 7. The Special Use shall comply with all material representations, commitments and operational restrictions as depicted in the application materials and documents maintained in the case file in the Community Development Department. Administrative review 8 Case No. SUP-18-03/Electric Guard Dog for RV World dba Ketelsen Campers of CO Exhibit 1, Applicant Request Electric Guard Dog for RV World DBA Ketelsen Camper - Statement of Intent Electric Guard Dog is proposing the installation of a 9-Foot, 12V/DC battery operated, solar powered, low voltage electric security fence to be installed at 98701-70 Frontage Rd. for RV World DBA Ketelsen Campers. The EGD would be installed 12 inches inside/behind the existing perimeter fence. The property has an existing solid wood and slatted chain link perimeter fence. Per the International Electric Code (IEC) 60335.2.76, the opening of the perimeter fence should be no greater than 130 mm (5.12 inches) to install the electric (12V DC battery} fence. The existing perimeter fence meets the criteria and provides the proper safety barrier, The IEC recommended separation between the perimeter and security fences are within the required range of 100 mm (3.94 inches) and 200 mm (7.87 inches). Since we don't operate under the metric system, it is the standard among jurisdictions to accept the 12-inch separation as an adequate separation between the perimeter fence and apparatus to prevent accidental engaging of the electric fence. Anything over that is an unnecessarily taking of business storage property. As studied and reported on from the renowned John G. Webster, Professor Emeritus of Biomedical Engineering of the University of Wisconsin, foremost expert on pulsed electricity, the electric security fence provided by Electric Guard Dog is safe. The Webster Safety Document is a comprehensive electric security system report and included with this narrative for reference. In addition to the expert reporting, we are also safety tested and certified by Nationally Recognized Testing Laboratory, TUV Rheinland. (Report attached) The Electric Guard Dog security system has minimal impact to surrounding properties. It does not interfere or affect the current Architectural and Site Design Manual (ASDM) principles as set forth by the City of Wheat Ridge. Administrative review 9 Case No. SUP-18-03/Electric Guard Dog for RV World dba Ketelsen Campers of CO Exhibit 2, Aerial Photo i -170 WB·HWY--170·EB·HWY__- Site *9 17 {Im j' t 47TH#AVE- 0? t· Administrative review 10 Case No. SUP-18-03/Electric Guard Dog for RV World dba Ketelsen Campers of CO Exhibit 3, Zoning map ."421 4.-91 21= Site ..1.1, 1.1 . 2 0 ,-170 WBHWY-ZIj-170·EB HWY-- ---AW.0 FR0NTA;1 1- l 47THiAVE r 0Zr Ul .6 .Ci -19 aNVTIOH Administrative review 11 Case No. SUP-18-03/Electric Guard Dog for RV World dba Ketelsen Campers of CO 1 Exhibit 4, Description ofproposed security system KETELSEN CAMPERS -ZW- COLORADO www.wegocamping.com 9870 W. 1-70 Service Road S. Wheat Ridge, CO 80033 • 303-431-2211 To Whom It May Concern: City of Wheat Ridge Wheat Ridge, Colorado Ketelsen Campers of Colorado has been a proud member of the Wheat Ridge community for nearly thirty years. We have always strived to present our business in the most positive, professional light possible. In the past couple of years however, our efforts have been continually violated by ever increasing crime and vandalism on our property. Significant efforts h the Wheat Ridge Police Department to be proactive In halting the continued crime have yielded enormous frustration and expense for all 01 us. We have sustained losses in excess of $100,000 in break-ins to our building and inventory. The targeted areas ar'e always to the east, south and west sides of our property. Numerous police reports to confirm this can be made available at your request. 1 want to emphadze that the Wheat Ridge Police Department is actively supporting our efforts to stop the losses and are totally cooperative In attempting to protect our property. We have found an answer to our security needs. "Electric Guard Dog" Isasecurity system that rings the inside of our property - inside our existing chain link fence, The system provides electric wires that not only provide a pulsating, short duration shock lasting 3/10,000* of a second - Certified within OSHA Safety Standards by International Electrotechnic:al Commission (per Vendor specifications), but is also directly linked lo a central monitoring station. If contact i$ made then a Central Monitoring System calls me and asks it the police should be dispatched. This is exactly the process u;ed for other security systems inside many businesses and homes. The system is solar powered. It is turned on and off via key pad or smart phone acce;s. The system would obviously only be on when our business h closed. This system k successfully in use at a business with similar exposure as ours in Arvada, with no crime or incidents in nearlY ten years. We are proposing to install this system around the rear and sides of our property. No parts of it will be forward of our build,igs. We are confident that this monitored security system will solve the out-of.control break·ins and vandalism that continue to occur. We question the need for a permit as thisis notconsidered a 'fence." It is security wires - on our property - inside an already existing fence, linked to a Centrai Monitoring Station. The wires are ten feet high on smal fiberglafs poles to eliminate vandals going over the top of the existing six foot fence. The solar powered unit provides an efficient source for operating this system when our business is closed I'm sure the Wheat Ridge police Department will enthuslasticallY support and confirm the need for this syblem. The cost related to the constant calls to the City's Police Departmentisenormous. lhe financial savings to both parties is obviously great. If you have further questiom then please contact me as soon as possible. We are ready to move forward with installation before the next break-in occurs. Thank you, Randy Ketelsen Ketelsen Campers of Colorado mii=irl A Branch of 1--lggiteisen> CAM PINS RECREATIONAL VEHICLES 004••.1-• Established 1962 Administrative review 12 Case No. SUP-18-03/Electric Guard Dog for RV World dba Ketelsen Campers of CO EXHIBIT 5 111£ UNIVARSITY WISCONSIN MADISON Safety of electric security fences John (i Webster Professor Emeritus of Biomedical Engineering University of Wisconsin-Madison Madison WI 53706 Electric current shocks us, not voltage Most of us can remember receiving an electric shock; it can happen during a regular day, I low can that happen and when.' Walking across a carpet during dry weather, then touching a doorknob and feeling a spark Lhat jumps to the doorknob is a very common way. Placing a finger inside of a lamp socket that inadvertently was turned on is yet another. Touching the spark plug iii a car or lawn mower has happened to many people as well. But why are we al! still alive after receiving these eleciric shocks during a regular day? We are still alive because even though the vollage is high, nol enough electric current flowed through our heart. Even when the voltage is high, when the current tlows for only a very short duration we can not be electrocuted. Furthermore. it is even hard to get electrocuted in the home because the power line voltage of 120 volts can'l drive enough continuous current through the high resistance of our dry skin. Kitchens and bathroonis fall in a different category; they are dangerous places because our skin inay be wet. When our skin is wet, our skin resistance is low and permits a large electric current to flow through the body as shown in Figure 1.A large enough current can cause ventrieular librillation, During ventricular fibrillation the pumping action of the heart ceasex and death occurs within min u les unless treated. In tile United States. approximately 1000 deaths per year occur in accidents that involve cord-connected appliances in kitchens, hathrooms. and other wet locations. 60 114 Burns, injury Sustained myocardial cootraction , 93,u42 448 brillation 4/I1/I1l1ltIIIIlllIllllllll Respiraton p,rAY•k,fatigue. pain i l,ct-go current Threshold of perception 1 - ! 1 " 1 ' 1 1 1 1 1 : 1, I ' ff# /1 1 11 1/111| ' lili.I' 1 rnA 10 mA 100 mA :A 10 A 100 A 604!L currene. rmi Figure 1 Physiological effects of electricity. Threshold or estimated mean valueq are given for each effect in a 7() kg human for :11-to 3,4 exposure to 60 Hz current applied via copper wires grasped by the hands. From W. A. Olson, Electrical Safety. in J. G. Webster (ed.),Medical Ins/,7,11:emation Applicmion and Design, 3'd. ed., New York: John Wiley & Sons, 1998. Department of Biomedical Engineering 2130 Engineering Centers Building Univerity of Wisconsin-MadiR-,n 1550 Erigineering Drive Madtion, Wicconiin 53706-1609 608/263 -4660 Fax: 608/265-9239 Email: bme@engr.wise·.edu http://www.1)me.wisc.e{!u/ Short duration pulses are safer than continuous electric current Figure 2 shows that shock durations longer than 1 second are the most dangerous. Note that as the shock duration is shortened to 0.2 seconds, it requires much more electric current to cause ventricular fibrillation. Electric security fences have taken advantage of this fuct by shortening their shock duration to an even shorter duration of about 0.0003 seconds. Therefore, electric security fences are safe and do not lead to ventricular fibrillation due to the short 0.000 3 second shock duration. . 5000- Fibrillation threshold 2000 - Lead III r -1 = S i Afl 36-7 Lead III • 94 kg pony + 12 kg dog • 10 kg dog 0 7.5 kg dog 0 6.0 kg dog x 5.0 kg dog \4 .. lili 0.5 1 2 5 10 Shock duration. seconds Figure 2 Thresholds for ventricular fibrillation in animals for 60-Hz ac current. Duration of current (0,2 to 5 s) and weight of animal body were varied. Fibrillation current versus shock duration for a 70 kg human is about 100 milliamperes for 5 second shock duration. It increases to about 800 milliamperes for 0.3 second shock duration. From L. A. Geddes,IEEE Trans. Biomed. Eng., 1973,20,465-468. Electricity near the heart is most dangerous There are four situations where electricity may be applied close to the heart. (1) Figure 3(b) shows when a catheter tube is threaded through a vein into the heart, any accidental current is focused within the heart and a small current can cause ventricular fibrillation. (2) Cardiac pacemakers also pass electric current inside the heart, but the current is kept so small that ventricular fibrillation does not occur. (3) A Taser weapon may rarely shoot a dart between the ribs very close to the heart and apply a 0.0001 second pulse, but this has not been shown to cause ventricular fibrillation. Typically when a person takes an overdose of drugs, he creates a disturbance, police are called, the person refuses to obey, the police Taser him, afterwards he dies of a drug overdose, and the newspapers report, "Man dies after Taser shot." (4) A defibrillator applies a 0.005 second, 40 ampere electric current. This causes massive heart contraction that can change ventricular fibrillation to normal rhythm and save a life. 2 m 1000 - 500 - 200 -Q 100 - 50 - 20 - 10 0.1 0.2 Macroshock 01 Microshock 1-121 -- lf.::-//'i I It / Heart\ vItage Heart AI A,ltage e (b) \ -433A \4- Catheter 9 ve (a) Figure 3 Effect of entry points on current distribution. (a)Macroshock,externally applied current spreads throughout the body, (b) Microshock, all the current applied through an intracardiac catheter flows through the heart. From F. J. Weibell, "Electrical Safety in the Hospital,"Annals of Biomedical Engineering,1974,2,126-148. When comparing an electric security fence to the above examples, we know that an electric security fence is similar to Figure 3(a). Why do we know that? If a person contacts an electric fence, electric current is concentrated in the limbs and causes a deterrent shock; when it continues to pass through the torso, it spreads out and becomes more diffuse. Therefore as shown in Figure 3(a) and in Figure 2 electric security fences are safe because the deterrent shock spreads out and becomes more diffuse and is of a very short duration. Only power lines cause ventricular fibrillation Table 1 shows that short duration electric pulses, even though applied near the heart do not cause ventricular fibrillation. In contrast, the continuous current from power lines kills 1000 persons per year. Table 1 Only power lines cause ventricular fibrillation Duration of Current Likely to be pulse in in applied near seconds amperes heart? Power lines Continuous 0.1 No Electric 0.0003 10 No security fence 0.8 times/sec Taser 0.0001 2 May be 19 times/sec Cardiac 0.001 0.005 Yes pacemaker 1 time/sec Defibrillator 0.005 40 Yes 1 time Spark plug 0.00002 0.2 No 1 time Doorknob 0.00002 0.2 No 1 time Caused ventricular fibrillation? 1000 per year No No No Cures ventricular fibrillation No No 3 Sentry Security Systems, LLC position on the relationship of security fences to codes and standards Electric tencing is used safely throughout the world, with applications for both animal control and commercial security. In a commercial security setting, security knees deter crime and help apprehend criminals. The mere presence of a security fence discourages unlawful entry, theft and Ihe destruction of property. Additionally, it is easier to apprehend the determined criminal because the owner and police are notified instantaneously when the criminal distorts or breaks the fence. Security fences also protect the people who work at a site, providing business owners and employees significant peace of mind. The security fence sold by Sentry Security Systems is powered by a 12 volt DC marine (or similar) battery. The National Electric Code does not cover battery powered products such as smoke alarms. Therefore, the security fence sold by Sentry Security Systems is not covered by the NEC. There is in fact no US standard that addresses security fences whether main or battery powered. UL 69 addresses animal control fences but not security fences. There is, however, a good international standard - 1EC 60335-2-76 -that addresses security fences. This standard is attached for your information. We respectfully request that you determine that, as a battery powered device, security fences do not fall under the National Electric Code. 1 Safety of electric fence energizers Amit J. Nimunkarl and John G. Websterl 1Department of Biomedical Engineering, University of Wisconsin, 1550 Engineering Drive, Madison, WI 53706 USA. E-mail: Webster@,engr.wise.edu (John G. Webster) Tel 608-263-1574, Fax 608-265-9239 Abstract The strength-duration curve for tissue excitation can be modeled by a parallel resistor- capacitor circuit that has a time constant. We tested five electric fence energizers to determine their current-versus-time waveforms. We estimated their safety characteristics using the existing IEC standard and propose a new standard. The investigator would discharge the device into a passive resistor-capacitor circuit and measure the resulting maximum voltage. Ifthe maximum voltage does not exceed a limit, the device passes the test. Key words: strength-duration curve, cardiac stimulation, ventricular fibrillation, electric safety, electric fence energizers, standards. 1. Introduction The vast majority of work on electric safety has been done using power line frequencies such as 60 Hz. Thus most standards for electric safety apply to continuous 60 Hz current applied hand to hand. A separate class of electric devices applies electric current as single or a train of short pulses, such as are found in electric fence energizers (EFEs). A standard that specifically applies to EFEs is IEC (2006). To estimate the ventricular fibrillation (VF) risk of EFEs, we use the excitation behavior ofexcitable cells. Geddes and Baker (1989) presented the cell membrane excitation model (Analytical Strength=-Duration Curve modeD by a lumped parallel resistance- capacitance (RC) circuit. This model determines the cell excitation thresholds for varying rectangular pulse durations by assigning the strength-duration rheobase currents, chronaxie, and time constants (Geddes and Baker, 1989). Though this model was originally developed based on the experimental results of rectangular pulses, the effectiveness of applying this model for other waveforms has been discussed (IEC 1987, Jones and Geddes 1977). The charge-duration curve, derived from the strength-duration curve, has been shown in sound agreement with various experimental results for irregular waveforms. This permits calculating the VF excitation threshold ofEFEs with various nonrectangular waveforms. We present measurements on electric fence energizers and discuss their possibility of inducing VF. 2. Mathematical background and calculation procedures Based on the cell membrane excitation model (Weiss-Lapique model), Geddes and Baker (1989) developed a lumped RC model (analytical strengtihduration curve) to describe the membrane excitation behavior. This model has been widely used in various fields in electrophysiology to calculate the excitation threshold. Figure 1 shows the normalized strength-duration curve for current (1), charge (Q) and energy (U). The expression ofcharge is also known as the charge- duration curve which is important for short duration stimulations. 1 10-- 10 3- 1 1 a3 03 0.001 001 ai 1.0 10 I00 Current I 0 08,943'n a.lau3 Duration cfr Figure 1. Normalized analytical strength-duration curve for current .4 charge Q, and energy U The x axis shows the normalized duration of dh. Note that for d << r, Qis constant and the most appropriate variable for estimating cell excitation. (from Geddes and Baker, 1989). The equation for the strength-duration curve is (Geddes and Baker, 1989), t Av = IR(1 - e T), where I is a step current intensity, R is the shunt resistance, Av is the depolarization potential threshold which is about 20 mV for myocardial cells, r is the RC time constant, and t is the time I is applied. If we let the stimulation duration go to infinity, the threshold current is defined as the rheobase current (I= b). Ifwe substitute Iin equation (1) by b and define the threshold current 4 = Av/R for the stimulation with duration d. Equation (1) becomes, b Id=d ' (2) 1-e We can calculate the threshold charge (Od) by integrating equation (2) and it becomes, 2 1000 -1000 300- - 300 100 - 30- For short duration stimulation (d << r) with duration shorter than 0.1 times the RC time constant, equati6n (3) can be approximated by equation (4) and it yields equation (5), d a1-e r =-3 (4) T 0 = br (5) Equation (5) suggests that the charge excitation threshold for short duration stimulation isconstant and equals the product ofthe RC time constant r and the rheobase b. Geddes and· Bourland (1985) showed that the charge-duration curve for single rectangular, trapezoidal, half sinusoid and critically damped waveforms had a good agreement for short duration stimulations. Therefore we used the same model to estimate thresholds for stimulation sources where I was not constant, under the same stimulation setting. Cardiac cell excitation has been intensively studied at the 60 Hz power line frequency because most accidental electrocutions occur with 60 Hz current, which has a longer duration relative to the cardiac cell time constant ofabout 2 ms. However, EFEs operate with pulse durations much shorter than the time constant. 3. Methods Figure 2 shows our experimental test set-up. The EFEs under test consist of Gallagher Group LtdPowerPlus B600 (EFE 1), Gallagher Group Ltd PowerPlus B280 (EFE2), Speedrite HPB (EFE3), intellishock 208 (EFE4) and Blitzer 8902 (EFE5) EFEs. The short duration electrical pulses from these EFEs are passed though a series of eleven 47 Q (ARCOL 04.29, HS50 47 R F) resistors which measure 518 Q, which represents approximately the internal resistance of the human body. It is further connected to two 18 Q (RH 10 207 DALE 10 W 3%) resistors connected in parallel which measure 9.08 Q. This is used as the sensing resistor across which the oscilloscope measures the output voltage. For these very short pulses it is important to usenoninductive resistors because the same current flowing through a resistor that has substantial inductance will measure a larger current than a resistor that is noninductive. To reduce electromagnetic interference, a faraday cage, covered with aluminum foil, was connected to ground. This diverted the electromagnetic interference to ground. The data were collected inEXCEL format from a disk in the Agilent 54621 oscilloscope. The calculations for different parameters presented in Table 1 and the Figures 3-5 were plotted using MATLAB. 3 bd Qd = Idd=d'(3) 1-e r Electric Fence 2 I.IF ==EEnernizer f __-_---_-__...------__- -rAAr-AAAr--tAAr-- 0 ' %.VA.Taser -3-0 4 Rl R2 F:23 R11 St-J g Oscilloscope 4 Sl O E 9.08 Q f -Poo p p Agilent 54621 i Leak Detector Aluminum foil X32 :: Faraday cage . 0Aluminum foil Figure 2. The EFE is selected by Sl. The current flows through a string of47 0 resistors Ri--Rlt(total 518 fl) which approximates the internal body resistance of 500 0. The 9,08 Q yields a low voltage that is measured by the oscilloscope. 3.1. Determination ofcurrent EFEs are used in conjunction with fences wires to form animal control fences and security fences. We tested five EFEs (EFE] -EFE5) using the experimental set-up in Figure 2 and obtained the output currents shown in Figure 3, 14 12- 10- 8- 6- 4- 2- 0 20( Current (A) r. 1 , i i i 400 60[ e EFE1 -EFE2 ..... EFE3 - ---EFE4 --·-EFE5 - 800 1000 1200 Time (ps) Figure 3. The output current waveform for five EFEs. EFEl yields about 7.75 Afor 151 Fs= 1170 FC, EFE2 yields about 3.34 A for 345 Fs = 1150 FC, EFE3 yields about 5.69 A for 91 Lts 4 S3.. " 518 MC, EFE4 yields about 1.25 A for 252 ps = 315 FiC and EFE5 yields about 5.7 A for 137 kis = 781 FC. 4. Results Table 1 shows the approximate results for the nns current, power, duration and charge for all the EFEs. Table 1 Approximate results for all EFEs. EFEs Parameters Units A. (IEC) Total Energy Azms 95% Energy Duration ps Ms A EFEl EFE2 EFE3 EFE4 ECF5 7.94 4.04 3.10 0.42 4.69 129 346 91 253 138 7.65 3- 33 5.69 1.25 5.69 IEC Standard 4ms A 13.0 6.21 168 7.85 7.37 Pass IEC Standard Yes/No Yes Yes Yes Yes Yes B. Proposed standard - Voltage V 3.88 2.91 NAv NAv NAv Duration ps 233 132 Current A 3.33 4.41 Charge pC 776 582 NA- not applicable, NAv- not available IEC (2006) defines in 3.116 "impulse duration: duration of that part ofthe impulse that contains 95% of the overall energy and is the shortest interval of integration of 12(t) that gives 95% ofthe integration ofP(t) over the total impulse. 40 is the impulse current as a function of time." 1n 3.117 it defines "output current: r. m. s. value ofthe output current per impulse calculated over the impulse duration." In 3.118 it defines "standard load: load consisting of a non-inductive resistor of 500 Q * 2.5 0 and a variable resistor that is adjusted so as to maximize the energy per impulse or output current in the 500 Q resistor, as applicable." In 22.108, "Energizer output characteristics shall be such that - the impulse repetition rate shall not exceed 1 Hz; -the impulse duration ofthe impulse in the 500 Q component of the standard load shall not exceed 10 ms; - for energy limited energizers the energy/impulse in the 500 0 component of the standard load shall not exceed 5 J; The energy/impulse is the energy measured in the impulse over the impulse duration. - for current limited energizers the output current in the 500 Q component ofthe standard load shall not exceed for an impulse duration ofgreater than 0.1 ms, the value specified by the characteristic limit line detailed in Figure 102; an impulse ·duration of not greater than 0.1 ms, 15 700 mA. The equation ofthe line relating impulse duration (ms) to output current (mA) for 1 000 mA < output current < 15 700 mA, is given by impulse duration =41.885 x 103 x (output current)-1.34„ We used these definitions and calculated the total energy, the shortest duration where 95% ofthe total energy occurs, the rms current for that duration from Figure 3 for the EFEs (EFEl-EFE5). Similarly we calculated the output current using therelationship impulse duration= 41.885 x 10 x (output current)-1.34, provided bythe IEC for all the EFEs (EFEl-EFE5). Table 1 lists these under the heading "A. (IEC)". Table 1 shows that all the EFEs pass the IEC standard. 5 5. Proposed new standard IEC (2006) uses the rms current for the shortest duration where 95% of the total energy occurs as the standard to determine ifthe EFE is safe for use. Geddes and Baker (1989) have shown that for pulses shorter than the cardiac cell time constant of 2 ms, the electric charge is the quantity that excites the cells. We propose a simple experimental set-up shown in Figure 2 to determine the maximum amount of charge that would flow from the EFEs and cause cardiac cell excitation. The cardiac cell is modeled as an RC circuit in Fig. 2 with R = 9.08 Q and C = 200 tiF (GECONOL 9757511FC 200 MF *10% 250 VPK) with the RCtime constant of 1.82 ms. For the EFEs (EFEl and EFE2) the switches Sl and S4 are closed. This allows the 200 MF capacitor to charge rapidly (about 100 Fs) and discharge fairly slowly (r= RC = 1.82 ms). Figures 4 and 5 show the voltage vs time waveforms for the different EFEs. The test was not performed for electric fence energizers EFE3-EFE5. 4 -EFE1 3.5 - 3- 2.5 - 2 2- 15 1.5- 1- 0.5- 0....P......lili** -0.5 ' • 0 500 1000 1500 2000 2500 3000 Time Ds) Figure 4. Output voltage waveform for EFEl. The maximal charge that flows through the cardiac cell model is given by Q = CF= 200 BF x 3.88 V = 775 FC, the current during which the capacitor charges to maximal value is givenby I = CFT=(200 MF x 3.88 V)/233 kis = 3.33 A. 6 1000 Time (ps) Figure 5. Output voltage waveform for the electric fence energizers EFE2. The maximal chargethat flows through the cardiac cell model is given by Q = CF= 200 FF x 2,91 V = 582 klC, the current during which the capacitor charges to maximal value is given by I = CF/T= (200 FF x 2.91 V)/132 Ms = 4.41 A. 6. Discussion Geddes and Baker (1989) have shown that for pulses shorter than the cardiac cell time constantof 2 ms, the electric charge is the quantity that excites cardiac cells. Because the first halfwave is the largest, the charge integrated in the first half wave determines cardiac cell excitation. The next half wave discharges the cardiac cell capacitance and does not contribute to cardiac cell excitation. Thus we list integral I(t) = charge Q in Table 1. 1EC (2006) integrates 19), which is roughly equal to /(0. Their Figure 102 roughly follows charge. We propose revising EFE standards for measuring current to determine a safety standardto prevent VF. The new standard would measure cardiac cell excitation. It would not require the complex calculations required to determine "The current which flows during the time period inwhich 95 percent of the output energy (is delivered)." It would use a simple circuit similar to that in Figure 2 composed ofresistors and a capacitor. The investigator would discharge the device into the circuit and measure the maximum voltage. Ifthe maximum voltage does not exceed 5 V (as a conservative estimate), the EFE passes the test. The 500 Q resistor closely approximates the resistance of the body and determines the current that flows through the body. Acknowledgements We thank L Burke O'Neal and Silas Bernardoni for their help and suggestions, References 21.5 0.5- 0 -0.5 0 100 200 300 400 500 600 700 800 900 3 -EFE2 2.5- 2- A 8 Geddes LA,and Baker L E 1989 Principles ofapph-ed biomedical instrumentation (New York: John Wiley & Sons) pp 458-61 Geddes L A and Bourland J D 1985 The strength-duration curve. IEEE Trans. Biomed Eng 32(6) 458-9 JEC 1987 International Electrotechnical Commission IEC Report: Ejfects of current passing through the human bo* (IEC 60479-2) pp 47 IEC 2006 Household and similar electrical appliances - Safety - Part 2-76: Particular requirementsfor electricfence energizers, (IEC 60335-2-76, Edition 2.1) Jones M and Geddes LA 1977 Strength duration curves for cardiac pacemaking and ventricular fibrillation Cardiovasc. Res. Center Bull. 15 101-12 GRAPHIC SCALE 9 : 25 9 ·al 1 inch -50 ft. 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Z. t/222210/ 3; //3 50•.E N/A WIKE RUN Dr-Al 15 3 OF 3 r-3 Exhibit 7, Aerial perspective Open inT-entorj' storage Pennington Elem. / 1 2. 1 Kipling Street / Adjacent hotel t , v·..2' 4 <624 '...t<79.,ai: f } L Open inventory storage I-70 Frontage Road So. Front entrance to property Administrative review 15 Case No. SUP-18-03/Electric Guard Dog for RV World dba Ketelsen Campers of CO Exhibit 8, Applicant's response Special Use Criteria Response 1. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighboood. ANSWER: The proposed will not have a detrimental effect upon the health, welfare, safety or convenience of anyone residing orworking in the neighborhood. It is installed comwetely inside the existing perimeter, non-electrified fence and therefore not exposed to the public. To come in contact with the Electric Guaird Dog, one would have to be trespassing and illegally entering the property. With the installation of the EGD, the general safety and welfare ofthe public is maintained, crime is prevented, and the City can husband pogice resources toward crime other than property break-ins and vandallsm 2. The special use will not create or contribute to blight In the neighborhood by virtue of physical or operational characteristics. ANSWER: The proposed will not create or contribute to blightin the neighborhood by virtue of physical or operational characteristics. Operations on and offsite in the nelghborhoodwill continue as normal. Physical characteristics are not effected due to the barely visible design of the system. It isalso installed 10096 inside ofthe existing compliant non-electrified barrier fence. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. ANSWER: There is no proposed change requested to the existing commercial use of the property. There will be no adverse impacts greater than allowed under existing,zoning for the property created by the installatnon of the proposed Electric Security Fence. 4. The special use w11 not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons Whether onoroffthesite. ANSWER: The proposed installation wm not affect traffic, parking, or loading issues of any kind as it is installed inside of the existling non-electrlfied barrier fence. The propoi,ed installation will follow the same fence line as the existing barrier fence and gates and therefore will not be any different than the existingconditions. 5. The property is appropriately designed, including setbacks, heights, parking, bull<, buffering, screening and landscaping, so as to be in harmony and compatible with the character ofthe surrounding areas and neighborhood, especially with adjacent Administrative review 16 Case No. SUP-18-03/Electric Guard Dog for RV World dba Ketelsen Campers of CO properties. ANSWER: The property is appropriately designed so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. The Electric Guard Dog system does not only monitor crime, it prevents it by deterring would be criminals. The addition of the security fence will actually enhance the character of the surrounding area by helping to eliminate the criminal element. The system will also protect the adjacent properties from criminal trespassing when escapIng from the proposed property. 6. The special use will not overburden the capacities ofthe existing streets, utilitBes, parks, schools and other public fadltties and services. ANSWER: There is no change proposed to the commercial use of this property. The proposed Electric Security Fence will be installed inside of the property 1' behind the existing non- electrified barrier fence and will not overburdenthecapacities of the existing streets, utilities, parks, schools and other public fadlitles and services, 7. There is a history of compliance by the applicant and/or properly owner with Code requirements and prior conditions if any, regarding the subject property.6 ANSWER: The subject business as well as the property owner have a h istory of compliance with all of the Code requirements of the City. 8. The application Is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. ANSWER: All applicable standards set forth in the Architectural and Site Design Manual for the City will be compliant. The proposed Electric Security Fence will be installed l' inside of the existing permttted and comptiantnon-electrified fence, A copy ofthe manufacturer's installation instructions was supplied along with submittal to show as we19 as the site plan, 9. The proposed special use is in substantial conformance with applicable portions ofthe City's Comprehensive Plan and any subarea plan applicable to the subject property. ANSWER: We are proposing no difference in the use of the property. All commercialuses wil remain the same at the subject property. Administrative review 17 Case No. SUP-18-03/Electric Guard Dog for RV World dba Ketelsen Campers of CO Exhibit 9, Neighborhood Meeting Notes and Sign-up - City of35' Wheat-Rge-COMMUN]IY DEMEWPMENT City or Wheat Ridge Municipal Building 7500 W. 29m Avet.Wheat Ridge. CO 80033-8001 P: 303.235.2846 F: 303.235.2857 NEIGHBORHOOD MEETING NOTES Meeting Date:July 31, 2018 Attending Staff:Meredifh Reckert Location of Meeting:Second Floor Conference Room Wheat Ridge Municipal Building Property Address:9850-9870 W. I-70 Frontage Road South Property Owner(s):Ketelsen Campers ofColora{to Applicant:Don Secord, Ketelsen Campers Michael Pate, Electric Guard Dog Applicants' Representative Yes Present? Existing Zoning:C-1, PCD, PID Existing Comp. Plan:kxed Use Commercial O Existing Site Conditions: The property is located on the south side of the 1-70 Frontage Road to the east of Kipling Street. It is comprised offourparcels ofland with 10 acres ofland area and amix of zonings, including Commercial-One (C-1 1 Planned Commercial Development (PCD) and Planned Industrial Development (PID), The property is used for Recreation Vehicle (RV) sales, service and storage There are several existing buildings on the north side ofthe property with used for office, display and maintenance fimotions. The combined total of the building area is 38,000 sq=e feet. Two vacant parcels extending almost one quarter of a mile to the south are used for open RV storage which are encompassed with ta 6' high chain link fence. The property has a mix of zonings and Pand uscs surrounding it. On the south and southwestom portion it is abutted by vacant land zoned NC, A-1 and PCD. Further north on the western side is a hotel and a fbeling station. Both of the® properties are zoned C-1. The South I-70 Frontage Road with 1-70 beyond abuts the properly no the north. To the east are commercial uses zoned C-1 and PID. Further to the south but still on the eastern side is the Pennington Elementary school with associated grounds and activity fields owned by Jefferson County. These parcels are zoncd A-1 and R-2 Administrative review 18 Case No. SUP-18-03/Electric Guard Dog for RV World dba Ketelsen Campers of CO Applicant Preliminary Proposal: Ketelsen Campers has been located in the City of What Ridge for over 30 years. In recent years, the property has been experiencing an increasing number of theft and vandalism mmes. Although all portions of the prope:ty have been impacted, the storage areas devoid of buildings have been aprimary target. In order to curb property ctime, the owner would like to install an electronic security system, which would include erection of a 93 high electric fence. **Tho City ofWheat Ridge recently approved a zoning code amendment that allows electric fences in certain conditions with approval of a Special Use Permit (SUP). The following is a summary of the neighborhood meeting: • In addition to the applicant, their representative and staff, one resident/property owner from theO nei#hborhood attended the meeting. The attendee lives in the townhomes directly to the east of Pennington's northern play fields. • Staff explained thepurposeofthe neighborhood meeting, and explained the process fbraspecial Use Permit approval. • Staffdiscussed the site, its zoning and surroundingb. • The applicant presented their proposal and answered further questions, with input from staff. • The attendees were informed of their opportunity to make comments during the comment period, and if warranted the City Council public hearing. The following issues were dkeussed regarding the special use permit request: Has the applicant tried other security techniques? Yes, they have tried cameras, signs: qfler-hours securitypersonnel and lightings none ofwhich have been efective. Where are Ket¢ls©n Campers' most targeted th¢R/vandalism locations? Adjacent tothewestern perimeterof the school'snorthfields. AL,o. other locations wherethere are no permanent structures, adjacent to the west and south camper storage areas. Do you have an. estimate of the monetary dan)ages that have been sustained? Rouv@ 3143,000 in the last 6 inonths. 1)is has also hadan impact on insurance andrqutation as some of the RV's waiting to get repaired have been vandalized as well, Are there any precautions taken due to the adjacency of Pennington Elementary? The fence adjacent to the school property is non-elecnified (although it appears electrified) and is located within a 6' high chainlink perimeter jenee. How a©curate is the electronic security fence when there is a breabin? Dke system can usually narrow down the location to about 109Pom where U occurs. Why is it necessary to put this request on refeITal? It is standard practice that alt special use applications go out on referral to outside senice agencies. 2"lifs will be a limited rekrmt and be sent to there d:.trict, police department, public works and Je#erson County schools. Administrative review 19 Case No. SUP-18-03/Electric Guard Dog for RV World dba Ketelsen Campers of CO 97/ ri July 31, 2018 -6 PM Neighborhood Meeting 9870 to 9890 1-70 Frontage Road Special Use Permit for an Electric Fence (Property Zoned C-1 and PCD) PLEASE PRINT Name Address 1 444, )944+1* Un A 1 02. 12r0 -27€20,1 3. 72> r & 0-4 5Up# 4.AA 6 (14 -PA_ 39 rt Hey + 5 f - 200 39 9 &'70 w 1-70 970038 9 453 '14„*gri>•Ae,e,-Gr &9?33 b L z-7 2-05t goUAA Administrative review 20 Case No. SUP-18-03/Electric Guard Dog for RV World dba Ketelsen Campers of CO 5. R-ofe- f r.--1 A% p is-e s '64,30 Wlut Ridge - POLICE DEPAR-IMENT 248*.411. Memorandum TO:Meredith Reckert, Senior Planner Community Development Department FROM:Daniel Brennan, Chief of Police DATE:August 23,2018 SUBJECT:Electric Fence The purpose ofthis memorandum is to respond to the referral for a Special Use Permit to allow an electric security fence at the Ketelsen Camper property, located at 9850-9870 I-70 Frontage Road South. I am familiar with the issues concerning the installation of an electric fence, which in the past have not been allowed in the city and the zoning code amendment that allows electric fences in certain conditions with the approval of a Special Use Permit. Ketelsen Campers is a uniquely shaped 14-acre property adjacent to other properties including a Super 8 motel and vacant property to the west, school playing fields and Pennington Elementary School to the south, commercial properties to the west, and the I-70 Frontage Road to the north. The business has been subject to incidents of crime in the past, including burglaries, trespasses, theft, and motor vehicle thefts. I am aware that these crimes have involved monetary losses for the business and property owners. The Police Department appreciates the needs of the business owner in securing and protecting the property interests o f the business and their customers, as well as the safety o f first responders, children at the school and playing fields, and other lawful persons at the surrounding properties. Considerations for approval ofthis Special Use Permit should include: 1. Notice to all public safety agencies serving this area that an electric fence has been installed. This notice should include information on the fence, hours ofoperation, and who to contact in case of an emergency. 2. A condition should be set requiring the property owner to turn the fence offduring hours the property is open to the public. 3. A condition should be set requiring the property owner to communicate with the school district regarding the installation of the fence, providing safety information, and a point of contact between the school administration and the property owner. 4. The fence should be no higher than 9 feet and have a setback of 1 foot around the perimeter of the property from adjacent properties. 5. The fence should be visibly signed warning people that it is an electric fence. 6. The Police Department implemented a Verified Alarm Response program several years ago. The program is designed to reduce the response ofvaluable police resources to false alarms. . Referral for a Special Use Permit Ketelsen Campers August 23,2018 Page 2 A study of alarms in Wheat Ridge showed that 97% of the alarms the department responded to were false. The new protocol requires perimeter alarms to be verified by another person or source. An exception to this policy is allowing officers the discretion to respond to perimeter alarms at locations that have been subject to previous criminal incidents. DB Meredith Reckert From:Scott Brink Sent:Wednesday, August 22, 2018 3:45 PM To:Meredith Reckert Subject:RE: referral Meredith: I have no comments on the referral. Thanks. Scott Brink Director of Public Works 7500 W. 2gth Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2860 www.ci.wheatridge.co.us :-,;,p, r 'City "f9 vv neatRASZe0- FUELIC WORKS -*f0 From: Meredith Reckert Sent: Thursday, August 9, 2018 3:37 PM To: Scott Brink <sbrink@ci.wheatridge.co.us>; Steve Nguyen <snguven@ci.wheatridge.co.us> Subject: referral Please find attached a request for electric fence security system around the Ketelsen Campers property at Kipling and the South 1-70 Frontage Road. Let me know if you have any comments. Meredith Reckert, AICP Senior Planner 7500 W. 29th Avenue Wheat Ridge, CO 80033 Office Phone: 303-235-2848 FAX: 303-235-2857 www.ci.wheatridge.co.us City Of0*Wheat -COMMUNITY DEVELOrMLri o CONFIDENTIALITY NOTICE: This e-mail contains business-confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 1 Meredith Reckert From:Randy Slusser Sent:Tuesday, August 7, 2018 9:50 AM To:Meredith Reckert Subject:RE: referral - Electric Guard Dog Good morning Meredith, The Building Division has a few electrical comments on the fence. 1. The applicant's "statement of intent" should reference the 2017 National Electric Code. The City of Wheat Ridge or the State of Colorado does not enforce the International Electrical Code as referenced in this document. 2. More information will need to be provided forthe install and tlie solar panels. The manufacture's installation instructions will be required. 3. This product must be listed by an approved third party agency. (Examples are UL, ETL, CSA, etc.) Thank You, Randy Slusser, CBO Chief Building Official 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2803 www.ci.wheatridge.co.us Cily of792VMheatRge --- COMMUNITY DEVELOPMFNT CONFIDENTIALITY NOTICE: This e-mail contains business-confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. From: Meredith Reckert Sent: Friday, August 3, 2018 10:14 AM To: Kevin Ferry <kevin.ferry@arvadafire.com>; Hanks Matthew <Matthew.Hanks@jeffco.k12.co.us>; Randy Slusser <rslusser@ci.wheatridge.co.us>; Mark Moellenberg <mmoellenberg@ci.wheatridge.co.us> Subject: referral - Electric Guard Dog Attached is a referral for a Special Use Permit to allow an electric security fence at the Ketelsen Camper property. The Meredith Reckert, AICP Senior Planner 7500 W. 29th Avenue Wheat Ridge, CO 80033 1 Office Phone: 303-235-2848 FAX: 303-235-2857 Pwww.ci.wheatridge.co.us *41, City of19 Wheatmdge ./CO,MMUNITY DEVBOPMENT CONFIDENTIALITY NOTICE: This e-mail contains business-confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 2 Meredith Reckert Fronn:Steven Parker <steven.parker@arvadafire.com> Sent Monday, August 13, 2018 12:51 PM To:Meredith Reckert Subject:SUP-18-03 Attachrnents:AFPD - SUP-18-03.pdf Meredith, See attached AFPD comment on this referral. Steven Parker Deputy Fire Marshal - Code Compliance and Investigations Community Risk Reduction Division Arvada Fire Protection District 7903 Allison Way Arvada, CO 80005 303-403-0477 www.arvarlafirp rom f1/.*/'0'"IMmlg,0,;,srk 1 ORAPHiC SCAI 5626252 5. f. SITE PLAN REQUEST TO AUTHORIZE A SECURITY SYSTEM RV WORLD DBA KETELSEN CAMPERS OF CO -Z 9870 W 1-70 SERVICE ROAD WHEAT RIDGE, CO 80033 LEGEND .C•t-t ·.M - or•c '.... •rct or™: ./er 1 AN -Z;20>35 Ame:...72•1 . 1„ -liu -2: -=4, *i 01 '1:.7/i A>r./.220/ 01: f 1-545'44' EX. BUILDING / 01000«N le i ·BOBOILDING ACCESS TO THE PROPERTY IS STILL REQUIRED TO BE PROVIDED TO AFPD. HOW WILL THIS BE ACCOMPLISHED WITH THE NEW FENCE? 5 I 0 0 E i 0 52§21 81!93 CD 5/63/2 11/3 4 #49 ®5 46 LU ¢ t=- ·EX. 239;3:G |.-D. 8..» 1\ B. -t 3%01·'W:t ...} =-/*t1--,%2.-/4-IEXPIRES.(De.19 1 .ZZ'33·F -t. n.me©77 A'Mt »n2C'Cm r.IC>1,illi DiVILOAR PROJECT DATA r ve,Lo \-i •rW!·:OS....us.te, .......CO le' it. :*-= i 1 ,·r.... · I.+ ..,1 ..I.j ....V' e 413 Cr;-C S'€ - C,€- - -<'m.<p c*--,eck....exn i Mi.- - + Pe„. -/.t-,tv 1-*res flt-- •r-C-/ - - 5?SEF--59.=·ga 2%21:&-EF n t * 1- --e-*,1, t,9• r 1 OF 3 VICNITY MAPNCT . 501.5 1 4,3,1-3 Efr04 Side Vie¥S-Gs 1,/7 BriGUll k>·/ 5"I0 =T GATE / T,CEBRACE 9 L __ H J / BRACE BANDS -1 STERA-CA 11 NO POLE /r -.7 7. n' *Tc·nr MOUNT THREE E\!PTY SALVANtZED F.VE VOUNTED BOXES TO A PA'R CF 32 GALVAN'EEC i ELECTR:CAL COND.:!7 STEEL PCLES. ELECTRONiCS PE BOT-21' OF -HE DJ'/:EST BOX •.'-5- EE A LEAST 2 FEET ,30* GROLE LE'·.E_. 42) --i POLES UUS- BE AV>CRED AT LEAS- 3--5 .BELOW GROUND LEVEL. Ge,&5%6% 7.. 6 16 D GA- EC·.AR °ANE'.n StarN \i ¥ r.*...,6.6./m,bae.I.0 (el,-1 i1/*Il/*I.I....../.-.2 7, O 1- -Deh•- 94 /, IM /1 em-M,s-d,6, ekited 6,9 66,2Irs,- Wt Vl ... •Cl •'-1-- SATE.../2->A.t- : -5 t,ARV F.'.E- ,- 1 11 11 i 11 11 WIRE RUN %- L.L. VM -/*.472/L AM „p,t.4.€-3 ree....30e'ed•ka! PVC 'oce.d '0 0/. - AD// ;75.....lillie 0.:29 11 = = it BATTERY !11 11&4153 --11 11 CCNTRCLER ZIi=Zit 1,3:-Ii 11 11 113 GALY EMT ELECTR:CAL CCNDJ!--m m c.cs- -11- -IT-- 71 11 EXST:>.3 GRADE f PA,21 .rell I ' K !4./.fro•.11. 11 ·mi hoc-.11 11 11. 11: I-.4..p= -11 1 L.- 11 11990!527_22 13 r/EX 59,<)11 111 1 0.01,45 •m L 2=3= S ·4: -a - V. C. 4,2' ·22:RES.LO , s 1,21 CCA.E.:/A '/U KUN; Dr-A:LE 3 OF 3 N- 2- 0% CA; 321 40 STEEL POLE. F>- 35 ks, PER ASTU A252. GRADE 2 W·7·/ CAP 6·RES PER :NSTALLATION-·.. iNSTRUCE?ONS 'TYP.; N ABERGASS POLE. JENCC'/ /09 fC-':7.; A-25.Cic ss WES PER /.4574.16 7(i 1ANSRUCNONS (np.; TrinG CUC CO.XERF-F 72/ 4.r>CIct· i&%9*3272 ,A--0-- 15- 9!N. C-i 5-tEl FOLE DETAIL rIBERGLASS POLE DETAIL 1-S Tic--™r•• 1 *21 15 .-./3.0, 1-C'.-tu.- 7/!1 2 1,1 6 mimiimi - 3 - r M. 1ALARMEDAND MONITORED 1.........'.-- "I't 7,98". V 2 .•rM@f EMIt I. .r. -·r • . -- ---* - •e· TWCZE-*W'11- ==2 - le, 2 Oe I - '9241 E -- 7---liliALARMADOYSUPERVISADO /E!!mid,di22 E 11--- 1 9 i 33.8014 5.-·9 'D.D yAN -5-904 7 - .A-*S M M= I PLACED £10*v e ft[·r Wir,Ill.. MAR 4 '0·R3 714•1510... St'l VA EXAMPLE WARNING SIGNS VAR,5 CON'XECT ON,5 2 OF 3 N'-5 NTS NTS ALLIANCE'i ENGINEERING Sie-, OR 97301 FAX 323 589-1728 2700 Market St. NE 503 589-1727 STRUCTURAL CALCULATION PROJECT No. GS1301218 Rev 0.1 Fence Post and Solar Panel Support Post Anal,-sis OWNER / LOCATION: RV World DBA Ketelsen Campers of CO 9780 W 1-70 Service Rd Wheat Ridge, CO 80033 CLIENT: Electric Guard Dog 550 Assembly St, 5h Floor Columbia, SC 29201 ENGINEER: Procerty of Allia-ce E-gineering of Ore.crt. Irc. Urauthe-'zed duplication c'chibited. Cooyright T Alliance E-g'-eering c* O-ege-1.... 2720 Market Street N.E. Salem. OR 97301 Allience E-gineering 9 0-e.ct, Inc www.aeOregon.com Pcne: (503) 589_1727 Fax. (503) 589-1728 r- GS1301218 (RV World DBA Ketelsen Camper of CO) 10ft fence post and 9ft panel support RO.1 032918.xmcd 1 SUMMARY: This analysis is for poles for an Electric Fence. Post size, post embedment depth, post hole diameter and backfill is given in the body of the calculation. The posts will be modeled as cantilevers that are fixed at the base. REFERENCES: 1. 2012 Edition of the International Building Code 2. ASCE 7 - 10 Minimum Design Loads for Buildings and Other Structures American Society of Civil Engineers 3. AISC 14th Edition GS 1301218 (RV World DBA Keteiser Camper of CO) 10ft fence post and 9ft partei support ROM 032918.xmcd 2 DESIGN INPUT VALUES: Dimensions Lpost_bndgi= 120 in Height of fence Design Loads for Building: Occ_Category := T Wind Design Values: Fastest wind soeed (3 second gust) fi-ind := 105 IVIPH Wind Exposure: Exposure := "C" Footing and Post Hole Design Values: qsoit : =1500 psf Assumed soil vertical bearing capacity Ssoil = 150 psf Assumed soil lateral bearing capacity dia_footing := 1.25 ft post footing diameter Concrete_backfill = "Yes" Backfill in main posts (GO TO LAST PAGE FOR SUMMARY OF RESULTS) GS1301218 (RV World DBA Ketelsen Camper of CO) 10ft fence post and 9ft panel support RO.1 032918.xmcd 3 WIND ANALYSIS: Design perASCE 7 K,ind = 105 Basic Wind Speed kd := -85 Wind Directionality Factor kzz= 1.0 kz = 0.850 Topographic Factor Wind Exposure Factor Iw = 1.00 Importance factor 2qh := .00256-kz.kzt.kd.Vwind Iw Velocity Pressure qh =20.39 psf Calculated Wind Pressures: dia_wire := .1121 in Cf:= 1 1 Gfence := ·85 qwind i= qh Gfence-Cf quind = 20.8 Psf GS1301218 (RV World DBA Kete;sen Camper of CO) 10ft fence post and 9ft panel support RO.1 032918.xmcd 4 Determine the Adequacy of the Primary Electric Fence Posts: The analysis below will show the adequacy of the column.Column_1_!ocation :== "corner_ posts" Post_spacing:= 1000 ft flu·tres :- 20 Ici = 120 in Maximum Unbraced length of column 6.63 quind- 12 I 2- J.'cl12 1 I .Mr_wind_C: f= 9 1000 M. uind cl = 6.9 kip-in Required moment capacity due to wind Next. Check loads due to wire tension: F uire_tension := 20.7 lbs per wire Mwire_tension_DL = F ..tre tension .n 191 1 u·-es \1 w····e tension DL = 24.8 in-kip 2 1000 Column Information:Column 1 := "4dia40" Dc 1 = F>·-c w 0.24 in Thickness of column material = 4.5 in Outside diameter of column section := 35 ksi Esteel := 29000 ksi Determine Allowable Axial Load: kc: := 2.1 re' = 1.51 in Ie· Slenderness c 1 := kc 1 - -- Stendemess cl = 167 Slendemess ratio Note. Siendemess ratio is less than 200. thus OK. GS1301218 (RV Worid DBA Ketersen Camper of CO) 10ft fence post and 9ft panel support RO.1 032918.xmcd 5 Next Check for compact, non-compact, or slender element section: U-Tratic_C 1 :[)el tc, 'Trat!0_C 1 - 1 9-0 Width-Thickness ratio NCS'imit_Ct = .11.Es·.eel NCStimit_Cl non-compact section limit SL!,Init_c! = 4.71-SLi,mit_cl = 135.6 Slendemess equation chooser limit (Equations E3-2. E-3, E7-2. E7-3) Next Calculate Q: „Trow_limit_Ci .11- Esteel F>-C WT'ew. _limit._c'=9 I.1 UThigh_lirrit_c .45· Esteel Fy c 1 ,=372.9WThigh_limit_c. Oc I 038· Ested 2 Qu = 2.1C Dc, 1 3 F.· cil - | - - C tel j QcT := ifju·-Tratio_cr) s WThigh limit cl,Qc!· 1] .Qci := if[(umew_limit_cl) 5 UTratio-cl.Qct•1] Qcl := if[(Qc·)5 1.Qci .13 Qct := if('vrratie c: 5 NCS!,rnit_c!· 1.Qc') Qc, = 1.000 Note: Use this Q if the Width-thickness ratio is between high and low limits calculated above. Otherwise use Q=1.0 Also. Q cannot be greater than 1.0 because it is considered a reduction factor. Note: If column is not a slender element section. then Q = 1. GS1301218 (RV Worid DBA Keteiser: Camper of CO) 10ft fence post and 4 pane! support RO.1 032918.xmcd Next, determine allowed critical axial load. Esteet . Fe,1 = 10.27Fect := 3.1416: Stenderness_cl < Qc 1 · F y_c 1 1 Fe cl Fer-act := Qct*<·638 -3 -¥ _cl Fer-ae = 8.41 ksi Fer_b_cl :- ·877·Fe_cl Fcr_b_c! = 9-01 ksi Fer ct = 9.01 ksi (allowable compression stress) F P._cl := c ct. ·Ac I 1.67 Equation E3-1, E7-1 (ASD) Pri-ct = 17.1 kips Allowed axial load Next Determine Allowable Bending load: Determine h/t and check for compact, non-compact, or slender element section: (flexure) WTft._ratio_Cl = 19.0 Width-Thickness ratio C Esteel CSS_limit_cl := -O7·- 1 Csfl_limit-cl = 58.0 compact section limitF._c 1 7 Eq·-r' NCS,_limit_01 = ·31-1 ---- ,= 256.9 non-compact section limit\CSr. limit_c (D GS1301218 (RV World DBA Kete'ser? Camper c. CO) 10ft fence post ard 9ft pa-e' suppo RO. 1 032918.xmcd First. Determine allowable moment based on Yieldina (a): Mpy_c! := Zct-Fy.-91 Mpy 91 = 150.90 kip-in Allowable moment based on yielding Next. Determine allowable moment for non-compact sections (b): ES:eetlpfl-nc_c 1 - -021 - FN'Tfl Tatio_cl y_cl ·Scl Mpn_nc_ct =215.61 kip-in Allowable moment for non-compact sections Next. Determine allowable moment for slender element sections (c): Mpft_st_cl » / -U N..3 5 -steel 1.S< 5-Tfl ratio_cl)CI MpfULct = 1620.17 kip-in Allowable moment for slender element sections Note. Based on the values of the three calculations above. the allowable moment is: Ma cl = 150.90 kip-in Allowable flexural moment Next. check combined bending and axial load stresses- M CX_Cl Ma ci \1 1.67 cr_ci = 90.36 kip-in Available flexural moment (ASD) Pny = 17.1 kips Allowed axial load (from above) Determine Applied Axial Loads: plead_cl := ·500 Pdead_cl - 0-5 kips Applied axia! dead load Next. Check all load cases that may control (ASD): -Z -< Pdead.cl | (M. nind..cl - \1•,ire tension DIf - 1Col_usagect := Mox_11P., -C i H irc_tension _ DL_ Col_usageci = 0-23 Combined usage c' column (West Lead Case condition). Note: Less than 1.00. thus OK GS'301218 (RV World DBA Ketelsen Camper of CO) 10ft fence post and 9ft panel support RO.1 032918.xmcd 8 EMBEDMENT FOR Primary Electric Fence Posts:: Calculate the minimum required post embedment depth for lateral loading. Concrete_backfill = "Yes" '2= 672 Ibf Lateral shear load at the groundline M.et = 25779 in-lb Moment at the groundline (based on combined wind and dead loads) dia_foorms = 1 ·25 ft- Main post footing diameter Smt= 150 psf Lateral capacity of soil H L post rest_bndg I 2.2 Hpost ft Height at which an equivalent lateral load is applied to determine required footing depth. depth_trial = 4.5 ft Trial depth of post hole to determ ine fi nal required embedment depth. 2Sselt'deth_oostnc ,.. S: -f.g:= - ..-2.-2. St ng= 609 A:= 2.34 P post (Sl-fts)*bpost A = 2.06 depth_lincrost := 0.5-A· 1 4 (4.36-H 1+I A 1101 I /-; The final post hole depth is determined by iterating to a final depth. depth_linepost = 4.5 ft.This is the minimurn required post embedment depth for lateral loading GS1301218 (RV Worid DBA Ketelsen Camper of CO) 10ft fence post and 9ft pane: support RO. 1 032918.xmcd 9 Next, Check the poles for an Electric Fence Control / Solar Panel Support d,e_.footing = i ft post footing diameter q.= 20.39 Psf Lpest bnds = 108 in Height of support Cf_panel := 1.6 qwine = 20.8 psf Velocity Pressure {Iwind_panel i= (iwind-Cf_panel qu,nd_panel = 33.28 pif Calculate the moment induced by the control boxes and the solar panels. " Ind_soter ·= 4„·tnd_panet'4.7 Sf WindCp k qu-ind_pane! 3 sf "'ind_solar = 156.41 lbs Windcp - 99.84 lbs NOTE: The center of area of the solar panel will be at 121" The center of area of the lowest control box will be 36" The center of area of the middle control box will be 64 The center of area of the top control box will be 92" M \\ pot. = :SOal ·121 - W indc?'36 - W 1000 indc?'64 - U',"dCD-92 Mtot = 38.1 kip - inches NOTE : Use 3" diameter galvanized conduit. This section can be shown to have a section modulus of 2.3 in3 (S) and an allowable yield stress of 50 ksi. Determine fiber stress: M tet4 1 - 4=16.56 ksi < 50 ksi OK Check slenderness: 1- ·_ 7 1 r:= 1.16 in Lunsupported -= Lpost_bndg Lunsupported - 1 08 in Lunsuopor.edS'enderness_c 1 - ke·Slenderness_cl = 196 S'enderness ratio r Note. Slendemess ratio Fs less the- 200. thus OK. GS1301218 (RV Worid DBA Keteisen Camper of CO) 10ft fence post and M pane: suppor: Ra.1 032918.xmcd 10 Footing Calculation For Electric Fence Control / Solar Panel Support Post: Calculate the required footing depth NOTE: Determine the point load required to produce a equal moment .see above P post· ,!:0.- 1 000 Lpes:_b-dg Ppost = 705 lbs H Lrost_bnds Post .2.12 H pos.= 4.5 ft S psf Assumed soil lateral bearing capacityson = 1 50 bpost = I ft depth_trial = 5.0 ft Trial depth of post hole to determ ine final required embedment depth. 2Sseit-deoth postnc 1.33St -ftg 2=St-fts = 662.3 P eeg. A:= 2.34 (SI_fts)-bpos:A = 2.49 depth_postne -0.5·.A·1 + 14 4.36·HPostllo.slA This is the minimum required post embedment depth calculated for lateraldepth_postnc - 3 -0 loading. NOTE: Use 5 - 6" embedment THE END LEASE AGREEMENT This Lease Agreement ("Lease") is made this 11th day of January, 2017 ("EffectiveDate") by and between RV World, LLC, a Minnesota limited liability company ("Tenant")and Ketelsen Ventures, LLC, a Colorado limited liability company ("KV") and KetelsenCampers of Colorado, Inc., a Colorado corporation, the name of which will shall bechanged within 10 days of the Asset Closing Date as defined below ("Ketelsen" andtogether with KV, collectively and jointly and severally, "Landlord"). WITNESSETH: A. Ketelsen currently operates a recreational vehicle dealership (the "Business") onthe Premises (as defined below) and Ketelsen and Tenant contemplate enteringinto a form of Asset Purchase Agreement (the "Asset Purchase Agreement"),pursuant to which Ketelsen and Tenant contemplate that Tenant will purchase fromKetelsen substantially all of the assets of Ketelsen used in the operation of theBusiness, as set forth in that certain letter agreement between Ketelsen andCamping World RV Sales, LLC, an affiliate of Tenant. B. As part of the transaction to be set forth in the Asset Purchase Agreement,Landlord desires to lease the Premises (as defined below) to Tenant and Tenantdesires to lease Premises from Landlord simultaneously with the closing of thetransaction contemplated by the Asset Purchase Agreement (the "Asset ClosingDate"), pursuant to the terms and conditions of this Lease. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiencyof which is hereby acknowledged, Landlord and Tenant hereby agree as follows: 1. Premises. As of and after the Commencement Date (as defined below),Landlord hereby demises and leases to Tenant, and Tenant hereby accepts and leasesfrom Landlord, that certain premises consisting of those certain 4 lots or parceIs of realproperty, generally known as 9850,9870,9880, and 9890 West 489' Ave. (West 48 Ave.is also known as West 1-70 Service Road South), Wheat Ridge, Colorado 80033, and moreparticularly described on Exhibit A attached hereto and made a part hereof, consisting of:(i) the land described on Exhibit A attached hereto (the "Land"), (ii) 3 existing buildingslocated on the Land (each a "Building" and collectively the "Buildings"): a. Two Buildings consist of a retail showroom (with storage areas andtraining room) of approximately 21,437 square feet and a pole bam ofapproximately 3,360 square foot situated on 9870, 9880 and 9880 W.48111 Ave., Wheat Ridge, Colorado 80033, and b. A third Building is an approximately 13,100 square foot building withoffices and service area situated on 9850 W. 48th Ave., Wheat Ridge, Colorado 80033 MB8553823.DOCX (iii) all other improvements, personal property and trade fixtures now or in the future located thereon, (iv) all parking areas, driveways, sidewalks, landscaping thereon and (v)and all other appurtenances, tenements, hereditaments, rights and easements pertainingto the Land and/or the Building (collectively, the "Premises"). 2. Term: Renewal Options. The initial term of this Lease ("Initial Term") shallcommence at 12:01 a.m. on the Asset Closing Date (the "Commencement Date") and terminate at 12:00 midnight on the last day (the Termination Date") of the tenth Lease Year (as defined below), unless sooner terminated pursuant to the terms hereof. In theevent that the Term commences on a day other than the first day of the month, Tenant shall pay, within five (5) days of the Commencement Date, to Landlord, a pro-rated monthly Rent based on the partial month occupied, and thereafter Rent shall be due onthe first day of each calendar month. Unless otherwise Indicated, as used in this Lease, (a) the word "Term" shall mean the Initial Term and any Renewal Term (as hereinafter defined), if properly exercised, and (b) the term "Lease Year" shall mean each successive twelve (12) month period during the Term (hereinafter defined) of this Lease commencingon the Commencement Date or the annual anniversary thereof, as may be applicable;provided, however, that if the Commencement Date is a day other than the first day of a calendar month, then the first Lease Year shall include that period of time from the Commencement Date up to the first day of the next calendar month, and any subsequentLease Year shall be the twelve (12) month period beginning on the first day of such month. Notwithstanding the foregoing, in the event the Asset Purchase Agreement has not been fully executed and delivered and the Commencement Date has not occurred on or before April 1, 2016, this Lease shall be deemed void ab initio without the necessity of any further action by the parties (the "Asset Closing Condition"). Upon the occurrence of the AssetClosing Date the Asset Closing CondRion shall be deemed satisfied and of no further force or effect. Landlord hereby grants to Tenant the right to extend the Initial Term for 3 consecutive 5- year terms (each a "Renewal Term" and collectively, the "Renewal Terms") by providingLandlord with written notice of Tenant's intent to extend the then existing Term no later than 90 days prior to the expiration of the Term (or 90 days prior to the expiration of thefirst Renewal Term, as applicable). The Renewal Terms shall be subject to all of the same terms and conditions set forth In this Lease. 3. Rent. A. Base Rent. Tenant shall pay to Landlord, at the office of Landlord or to such other person or at such other place as directed from time to time by written notice toTenant from Landlord, without demand, notice, offset or deduction of any nature whatsoever (except as otherwise set forth herein), the base rent ("Base Rent"), for theInitial Term, in the amount of per year (in addition to expenses as moreparticularly specified in Section 3(B) below). Base Rent shall be payable in equal monthly installments of in advance on the first day of each calendar month during the Term. Base Rent shall be prorated for partial months within the Term. The Base Rent and Additional Rent (as hereinafter defined) shall hereinafter be collectively called "Rent." -2- In the event any Rent payment due under the terms of this Lease is unpaid beyond the1 om day of the month, Tenant shall pay to Landlord, as Additional Rent, a late fee equalto 2% per month of the amount due, determined from the point of the due date of the Rentpayment(s). In the event that Tenant exercises its right to a Renewal Term, the Base Rent payable forthe 1 st lease year of each Renewal Term shall be adjusted to equal: i. the Base Rent due for the 1 st lease year of the Initial Term (in the case of the first Renewal Term) or the immediately prior Renewal Term (in the caseof any other Renewal Tenn (the "Prior Term") £ Then multiplied by a fraction: a. the numerator shall be the Consumer Price Index for "all urban consumers" (U.S. city average 1982-84 equals 100 - all items),Bureau of Labor Statistics of the United States Department of Labor (the "Index"), for the last full calendar month which immediately precedes or coincides with the end of the Prior Term, andb. the denominatorof which fraction shall be the corresponding monthly Index for the calendar month which immediately precedes thecommencement date of the Prior Term, iii. if such Index shall be discontinued with no successor or comparablesuccessor Index, the parties shall select a substitute formula.Notwithstanding anything above to the contrary, in no event shall the Base Rent beincreased by more than 110% of the Base Rent for the Prior Term. Thereafter, for the remaining lease years during each such Renewal Term, the Base Rentshall be equal to the Base Rent for the first lease year of the applicable Renewal Term. B. Additional Rent. All sums payable by Tenant to Landlord or third partiesunder this Section 3(B) shall be included in "Additional Rent" and shall be paid withoutsetoff or deduction except as otherwise specifically provided herein. In addition to the Base Rent specified in Section 3(A) hereof, Tenant shall timely andfully pay: (i) directly to the utility company providing such service, all utility chargesprovided to the Premises during the Term, including, but not limited to, electricity, gas,water and sewage; (ii) directly to all such providers, all internet, telephone, cable andany other services of this nature: (iii) directly to the insurers for all insurance requiredto be maintained by Tenant under this Lease, all premiums and other charges for allsuch insurance (as hereinafter described); and (iv) all costs and expenses associatedwith the performance of Tenant's maintenance obligations under Section 8(B) of thisLease. Tenant shall pay all Taxes (as defined below) as Additional Rent directly to the applicable taxing authority. Upon receipt of tax bills and assessments for Taxes,Landlord shall furnish Tenant with copies of such tax bills and assessments, andTenant shall pay the Taxes set forth thereon within fifteen (15) days of such statement -3- from Landlord, but no more than fifteen (15) days prior to the date such Taxes aredue. Simultaneously with payment, Tenant shall provide Landlord with evidence ofsuch payment. A copy of a tax bill or assessment submitted by Landlord to Tenantshall at all times be sufficient evidence of the amount of Taxes levied or assessedagainst the property to which such bill relates. In the event Landlord and Tenant agreeto cause the applicable taxing authority to send tax bills and assessments directly toTenant, Tenant shall cause the Taxes set forth thereof to be paid no more than fifteen(15) days prior to the date such Taxes are due. Landlord and Tenant each reservethe right to contest the amount of any Taxes. The term "Taxes" shall mean all taxes and assessments, general and special, ordinaryand extraordinary, which shall or may during the term of this Lease be assessed,levied, charged or imposed upon the land, the building and/or improvementscomprising the Premises, or the possession, leasing, operation, management,maintenance, alteration, use or occupancy by Tenant of the Premises, or are leviedor imposed upon Tenant's equipment, furniture, fixtures and other personal propertylocated in or about the Premises, or on or against the cost of any leaseholdimprovements made in or to the Premises by or for Tenant, regardless of whether titleto the improvements is in Tenant or Landlord, and any other taxes or assessmentswhich Landlord shall pay or become obligated to pay in connection with the ownershipor leasing of the Premises (excluding any federal, state or local income or deathtaxes). Tenant shall also pay before delinquency all taxes, assessments, license fees,and all other charges that are levied and assessed by reason of Tenant's business orits personal property installed or located in or on the Premises, and that becomepayable during the Term and Tenant shall pay any and all municipal or governmentfees and approvals required for Tenant's use, occupancy and operation of thePremises. Tenant shall be permitted to contest the amount of any Taxes as long as such contestis conducted in a manner that does not cause the unpaid Taxes to constitute a lienagainst the Premises or any risk that Landlord's interest in the Premises will beforeclosed for nonpayment. To the extent that the unpaid Taxes constitute a lienagainst the Premises during a pending tax contest or appeal, Tenant shall pay theTaxes due prior to contesting the Taxes or taking any appeal (or, in lieu of paying suchTaxes, Tenant may post a bond for the amount of such Taxes provided the same Ispermitted by applicable law). Landlord shall cooperate in any reasonable mannerwithsuch contest by Tenant. If a Tax reduction is obtained, any excess payments byTenant shall be refunded by Landlord, when the refund to which Landlord is entitledfrom the taxing authority with respect to such year have been received by Landlord. Tenant's share of Taxes for the years in which this Lease commences or terminatesshall be prorated based on the portion of the tax year that falls within the Term. As anexample and for purposes of clarity, if the Tax bill is received in 2018 for calendar year2017, then Tenant shall pay a prorated share of that Tax bill (prorated for the partialyear from the Commencement Date through December 31, 2017), and similarly if theLease terminates in 2027 and the Tax bill for 2027 is received after termination, then -4- Tenant shall pay a prorated share of that Tax bill (prorated for the partial year fromJanuary 1, 2027 through the Termination Date). The following shall be excluded from the term "Taxes" for purposes of this Lease: all capital levies or other taxes assessed or imposed on Landlord upon the rents payable to Landlord under this Lease; any excess profits, franchise, capital stock, transfer and inheritance or estate taxes; and any excise, transaction, sales or privilege tax,assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises or any portion thereof; and any increase in assessment or valuation arising because of any sale or financing of or affecting the Premises or any subdivision of property. The Taxes shall be based upon the maximum allowable discount and are to be prorated for any partial calendar year occurring during the period in which the taxing authority assesses Taxes. As to any Taxes that may be paid either in installments over a period of more than one year or in a lump sum, Tenant shall only be responsible for the portion thereof that is allocated (based on the term of installment payments) to the Term even if such Taxes are paid in a lump sum during the Term. iii. Tenant shall pay all insurance premiums required of Tenant hereunder prior to delinquency, and Tenant shall, within 30 days after payment thereof, provide Landlord with a copy of the paid invoice. Tenant shall obtain and maintain, at its sole cost and expense, throughout the Term, general liability insurance in the amount of not less than $1,000,000.00 on account of bodily injury or death, and $1,000,000.00 with respect to property damage, and all such policies and renewals thereof shall name Landlord, and any mortgagee ofLandlord that is made known to Tenant in writing, as additional insureds. All policies of insurance shall provide: (i) the applicable insurance companies shall endeavor to provide Landlord with 30 days prior written notice prior to any material change or cancellation of said policies; (ii) that any loss shall be payable notwithstanding any act or negligence of Tenant or Landlord or their employees, agents, directors, officers or invitees which might otherwise result in the forfeiture of said insurance; and (iii) that the insurance company issuing the same shall not have right of subrogation against Landlord or Tenant. On or before the Commencement Date, and thereafter not less than 5 days prior to the expiration date of said policy or policies, Tenant shall provide Landlord with copies of certificates of insurance evidencing coverages required by this Lease. All the insurance required to be acquired by Tenant under this Lease shall be issued by insurance companies acceptable to Landlord in its reasonable discretion and such companies shall be authorized to do business in the State of Colorado with a financialrating of at least A- as rated in the most recent edition of Best's Insurance Reports and in business for the past 5 years. In the event that Tenant fails to obtain, maintain or timely pay for such insurance coverages, Landlord may, in its sole discretion and in addition to its other remedies available under this Lease, at law or in equity, after -5- 10 days written notice to Tenant, obtain some or all of the required insurance coverages and charge Tenant for the actual and reasonable cost thereof. iv. Landlord shall obtain and maintain throughout the Term "Special Form Insurance" (as that phrase is commonly used in the insurance industry) upon the buildings and improvements of the Premises for their full replacement value, with reasonable deductibles. Such policy or policies shall: (i) provide that any loss shall be payablenotwithstanding any act or negligence of Tenant or Landlord or their employees, agents, directors, officers or invitees which might otherwise result in the forfeiture ofsaid insurance; (ii) provide that the insurance company issuing the same shall not have right of subrogation against Landlord or Tenant; and (iii) shall be issued byinsurance companies authorized to do business in the State of Colorado with a financial rating of at least A- as rated in the most recent edition of Best's InsuranceReports and in business for the past 5 years. Tenant shall pay, as part of the Additional Rent, the premiums paid by Landlord for the "Special Form Insurance" for periods falling within the Term. Tenant shallreimburse Landlord for the amount of such premiums within 30 days after Landlord's delivery to Tenant of invoices for such insurance premiums and evidence of payment by Landlord. As an example and for purposes of clarity, if the insurance premium is paid in advance and as of the Commencement Date has been paid for a full year of coverage, then Tenant shall pay a prorated share of that insurance premium (prorated for the partialyear from the Commencement Date through the end of such coverage year), and similarly if the Lease terminates in 2027 and the insurance premium is paid in advancefor such coverage year and prior to the Termination Date Tenant has paid theinsurance premium forthe full year of such coverage, then Tenant shall have overpaidand shall have a right to be reimbursed for a prorated share ofthat insurance premium (prorated for the partial year from the day after the Termination Date through the endof such coverage year). C. Securitv Deposit. No security deposit shall be required hereunder. 4. Use Clause. Tenant shall use the Premises for purposes of a sales and service facility for recreational vehicles (the "Existing Use"), for other uses incidental thereto, andIncluding business offices and any other similar lawful use, such as, without limiting thegenerality thereof, an automobile dealership, power sports dealership, other motorizedvehicle dealership or trailer sales, and all uses incidental to the foregoing; provided that such use shall be subject to requirements of applicable law Including zoning requirementsof the Premises (nothing herein shall prohibit or restrict Tenant's rights to challenge sameby appropriate legal means). Tenant shall not use the Premises in any manner that will constitute waste, nuisance, or unreasonable annoyance to owners or occupants ofadjacent properties. -6. 5. Surrender at End of Term: Waiver. Tenant shall immediately surrenderpossession of the Premises at the expiration of the Term ofthis Lease, or upon its soonertermination. Tenant shall leave the Premises broom clean and free of debris, and insubstantially the same condition in which the Premises were in on the CommencementDate, reasonable wear and tear, permitted improvements, and damage by condemnation,lire or other hazard excepted. In addition, upon the termination of this Lease, Tenantshall deliver to Landlord all keys, plastic cards or other entry devices for the Premisesand its appurtenances. Tenant waives all right to any notice to vacate the Premises whichmay be required under any laws now or hereafter enacted and in force. Tenant agreesto give up quiet and peaceable possession ofthe Premises atthe expiration or terminationof the Term without further notice from Landlord. 6. Holding Over. If Tenant shall be in possession of the Premises, or any portionthereof, after the expiration of the Term, whether by passage of time or otherwise, Tenantshall pay to Landlord Rent, during any such period of holdover, an amount equal to 125%of the Base Rent in Section 3(A) hereof for the month in which the Term expires, plus100% of the Additional Rent. In addition, if Landlord has a signed contract to lease thePremises or to sell the Premises which gives the new tenant or purchaser the right ofpossession of the Premises during the period of any holdover, and if the holdovercontinues for more than 30 days after written notice thereof is given by Landlord to Tenant(which written notice must also include reasonable evidence of the existence of any suchcontract to lease or contract to purchase), then Tenant shall pay to Landlord the amountof all actual losses, damages, costs and expenses incurred by Landlord as a result ofTenant's so remaining in possession of the Premises beyond such 30-day period. Theacceptance by Landlord of any payments by Tenant after the expiration of the Term shallnot constitute or be deemed to constitute an election by Landlord to treat any such holdingover as a renewal. Furthermore, if Landlord has a signed contract to lease the Premisesor to soll the Premises which requires that Landlord have access to the Premises duringany such holdover period in order to comply with such contract, Landlord shall be entitledto full access to the Premises to the extent required to perform its obligations under suchcontract. 7. Tenanfs Obligations. Tenant shall comply with all of the following: A. Tenant shall make arrangements directly with the utility companiesservicing the Premises for such utility services In and to the Premises as may be desiredby Tenant. All utilities, including, but not limited to, electricity, gas, water and sewage,required for the Premises will be billed directly to Tenant by the public utility companysupplying the service. Except for only those specified limited circumstances as set forthin this Lease, Landlord shall under no circumstances be liable to Tenant In damages orotherwise for any interruption in service of utilities, including, without limitation, water,electricity, heating, air conditioning or any other utilities and services, and the same shallnot constitute a termination of this Lease or an eviction (constructive or otherwise) ofTenant. -7 - Notwithstanding anything contained herein to the contrary, in the event that the Premises or any part thereof are rendered unusable by Tenant for the purposes leasedbecause any one or more of the services or utilities of electricity, gas, water and sewage provided to the Premises are stopped or interrupted for any reason within Landlord's control, and if such stoppage or interruption continues for a period of ten consecutive days, Rent shall be ratably abated from the beginning of such stoppage or interruption to the date on which such utilities or services are restored. As used herein, "interrupted" shall mean that such utilities or services are provided in such a non-continuous manner that it is unreasonable to expect that Tenant can use the Premises for the purposesleased. B. Tenant shall make arrangements directly with the telephone, cable and internet provider companies servicing the Premises for such services in and to the Premises as may be desired by Tenant. Tenant shall pay the entire cost of all telephone charges and maintenance charges directly to the telephone company providing suchservice. Tenant acknowledges that Landlord has made no representations as to the general fitness of any telephone equipment, telephone wires, telephone lines, telecommunications cable, equipment, and all associated equipment and facilitiesservicing the Premises, and that Landlord does not warrant the uninterrupted or unimpaired transmission of messages, data or other signals. Tenant shall be responsible for the repair and maintenance for all of the telephone equipment, and for all of its telephone lines servicing the Premises. Landlord shall not be responsible for any injury or loss or damage resulting from the interruption or failure of the transmission of messages, data or other signals in the Premises. C. Tenant shall make arrangements directly with a rubbish and waste disposal company for such waste removal services in and to the Premises as may be desired by Tenant. Tenant shall pay the entire cost of such rubbish and waste removal service directly to the provider of such service. Tenant shall conduct its business in a manner so as not to create a nuisance to surrounding properties, including limitation of noise, odor and fumes. D. Tenant shall not, and shall not permit its employees, agents or invitees to,destroy, deface, damage, alter, impairor remove any part of the structure ofthe Premises. E. Tenant shall not cause liens of any kind (whether for materials, wages, labor or services) to be placed against the Premises. If Tenant causes any such liens to befiled, with or without Tenant's knowledge, within 20 days after Tenant's receipt of notice of such lien, Tenant shall notify Landlord of the existence of such lien and, at Tenant's sole cost and expense, take whatever action is necessary to cause such liens to be satisfied and discharged (or bonded off). Notwithstanding the foregoing, Tenant may withhold payment of any claim In connection with a good-faith dispute over the obligation to pay, as long as Landlord's property interests are not jeopardized. If a lien is filed as a result of nonpayment, Tenant shall, within 20 days after Tenant's knowledge of the filing, either secure the discharge of the lien or have the lien bonded off. -8- F. Tenant shall not, and shall not permit its employees, agents or invitees to,cause the generation, treatment or disposal of Hazardous Material on the Premises. Inthe event Tenant uses any Hazardous Material, Tenant shall use and dispose of suchsubstances in accordance with all applicable federal, state and local laws, regulationsand ordinances. Tenant shall comply with all Environmental Requirements. "Hazardous Material" means any material on substance that, whetherby its nature or use, is subject to regulation under any EnvironmentalRequirement, including polychlorinated biphenyls, petroleum,pesticides, herbicides and asbestos. "Environmental Requirement"means the ComprehensiveEnvironmental Response, Compensation and Liability Act of 1980, theSuperfund Amendments and Re-authorization Act of 1986, theHazardous Material Transportation Act, the Resource Conservation andRecovery Act, the Toxic Substances Control Act, the Clean Air Act andthe Federal Water Pollution Control Act, all as presently in effect, anyregulation pursuant thereto, or any other present law, ordinance, ruleregulation, order or directive addressing environmental, health or safetyissues of or by the federal government, any state or other politicalsubdivision thereof, exercising executive, legislative, judicial, regulatoryor administrative functions. Tenant agrees to indemnify, defend and hold harmless Landlord, its owners,shareholders, directors officers, members, managers, employees, agents, successors,and assigns, from and against any and all damage, claim, liability or loss, includingreasonable attorneys' and other fees, arising out of or in any way connected to thegeneration, use, presence, treatment, storage or disposal of Hazardous Material byTenant on or near the Premises and any failure to comply with EnvironmentalRequirements; provided, however that such indemnification shall not include any damage, claim, liability or loss arising out of or in any way connected to the acts oromissions of Landlord, its owners, shareholders, directors officers, members, managers,employees, or agents. Such duty of indemnification shall include damages, liability, orloss pursuant to all federal, state and local environment laws, rules and ordinances, strictliability and common law. 8. Maintenance and Repairs. A. Bv Tenant. This Lease is a net lease. As such, at its sole cost andexpense, Tenant shall at all times maintain, repair and replace all interior, non-structuralportions of the Premises in a good, neat, clean and orderly condition and repair includingbut not limited to the interior surfaces of the ceilings, walls, windows, floors, carpeting,doors and all fixtures, appliances, and other improvements installed by Tenant. Further, Tenant shall at all times, at its sole cost and expense, maintain, repair andreplace the Building Structure and keep the same in good order, condition and repair.The "Building Structure" shall mean all structural portions of the Premises Including -9- without limitation all: (i) foundations; (ii) exterior walls and structural components of all interior walls; (iii) concrete slabs; (iv) beams and arid columns; (v) floors (but not floor coverings); and (vi) roof. Tenant shall be solely responsible for any changes or modifications to the Buildings or improvements that may be required to cause the Premises to be in compliance with all laws, as amended. Tenant shall keep the sidewalks, driveways, and parking and asphalt and storage areas of the Premises reasonably free and clear of all snow, ice, and debris and shall keep the same in good repair (including patching as appropriate, including any necessary replacements or repaving).Tenant shall also be responsible for any needed replacements (including routine maintenance and repair thereof) of (i) all mechanical systems including HVAC, lighting, electric systems and plumbing, etc., (ii) the sidewalks, driveways, and parking and asphalt and storage areas of the Premises (including repaving as appropriate), and (iii) the landscaping (including routine maintenance) and irrigation systems, perimeter fencing and gates, and gutters and downspouts. All maintenance, repairs and replacement by Tenant shall be made in a workmanlike manner. Tenant shall require its personnel or contractors to comply with all reasonable requirements of Landlord. B. Failure bv Tenant. In the event that Tenant fails in any obligation it may have under this Section 8, Landlord may give written notice to Tenant to perform the work which is reasonably required to remedy the situation. If Tenant fails to commence such work within 30 days following the receipt of written notice and fails to diligently prosecute the same to completion, Landlord shall have the right (but shall not be obligated or required) to enter the Premises and to perform such work at the reasonable expense of Tenant and such expenses shall be immediately due and payable in accordance with Section 3(B)(v) of this Lease; and further provided that if such failure is of such nature as to create or cause a situation which is imminently hazardous to Landlord or to other persons or businesses, or which may result in civil or criminal penalties being imposed upon Landlord, the 30-day period provided above shall be replaced with 2 business days. C. Non-Liability of Landlord. Except in the event of Landlord's negligence or default hereunder, Landlord shall not be liable for any injury to or interference with Tenant's business arising from the performance of any repairs or maintenance in or to the Premises or to any appurtenances or equipment therein or thereon. Except as otherwise set forth herein, this Lease shall not be affected and there will be no diminution or abatement of Rent or other payments and no constructive eviction shall be claimed or allowed because of the interruption or curtailment of any services or utilities in or to the Premises nor for any inconvenience arising from repairs or maintenance made to the same in or about the Premises. Landlord shall use commercially reasonable efforts to minimize any such interruption, curtailment, or inconvenience to the extent the same is within Landlord's control. ·10- D. Representations and Warranties bv Landlord. Landlord represents and warrants that the Premises is to Landlord's actual knowledge as of the date hereof (i) in good condition and repair as of the date hereof, with all mechanical systems in good working order and no defects jn the Building Structure or otherwise, (ii) watertight with no leaks or water intrusions and (ili) in compliance with all applicable governmental laws, rules, regulations and ordinances. 9. Alterations: Additions. A. Tenant shall obtain Landlord's consent prior to making any structural alterations to the Premises, such consent not to be unreasonably withheld. All work shall be carried on at Tenant's cost and in a good and workmanlike manner in accordance with reasonable requirements of Landlord and in compliance with all governmental orders, regulations and permits. Such work shall be carried on by responsible contractors approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, who will, prior to commencement of work, submit reasonably satisfactory proof of insurance coverage, naming Landlord and its lender as an additional insured. Tenant shall not cause any mechanic's or materialmen liens to be filed against the Premises, and Tenant shall indemniTy, hold harmless, and defend Landlord from and against any and all damages, fees and fines resulting from such alterations, including any resulting liens. Landlord's consent shall not be required in connection with Tenant's non-structural alterations, additions, renovations, improvements and installations made to the Premises. The term "non-structural" as used herein, shall include, without limitation, the moving of non-load bearing partitions, minor plumbing and electrical work, modification and rearrangement of fixtures or other such changes to the Premises. All movable goods, inventory, office furniture, equipment, trade fixtures and other movable personal property belonging to Tenant which are installed, stored or kept in the Premises by Tenant and are not permanently affixed to the Premises, shall remain Tenant's property and shall be removable by Tenant at any time, provided that Tenant shall repair any damage to the Premises or the Building caused by the removal of any of the Tenant's property. B. Unless otherwise agreed to in writing, all alterations, additions or improvements made by Tenant to the Premises, including, without limitation, any electrical, HVAC, ventilation, or plumbing systems, shall become the property of Landlord at the end of the Term hereof or upon prior termination of this Lease and shall remain in and be surrendered with the Premises. Landlord may, as a condition to allowing Tenant to make any alterations, additions or improvements under Section 9(A) of this Lease, reserve in writing, at the time of granting such approval, the right to direct Tenant at the end of the Term or at the earlier termination of this Lease, to remove any or all of such additions, alterations or improvements. Tenant shall, upon the expiration or earlier termination of this Lease, remove all of Tenant's trade fixtures, appliances or other personal property brought into or placed about the Premises or constructed or installed therein by or for Tenant. Tenant hereby agrees to complete the removal of all such property with reasonable dispatch, and to repair all damage to the Premises caused by such removal. - 11 - 10.Access. Landlord hereby reserves the right on behalf of itself, its employeesand agents to enter the Premises at all reasonable times, upon reasonable prior writtennotice to Tenant (except in the event of an emergency), for all reasonable purposes,including inspection, reading utility meters for the Premises, making repairs, or to exhibitthe Premises to prospective purchasers, mortgagees, appraisers, insurers, contractors orworkmen (and during the last nine months of the Term, to prospective tenants) withoutliability to Tenant for any loss of quiet enjoyment of the Premises or otherwise as long asLandlord does not unreasonably interfere with Tenant's use of the Premises. Landlordshall have the right to post "for sale" signs at any time during the Term, and to post 'Lforrent" or "for lease" signs during the last 9 months of the Term. 11.Indemnification and Liabilitv Insurance. A. Tenant shall indemnify, hold harmless, and defend Landlord, its owners,members, managers, directors, officers, shareholders, employees, agents,representatives, successors, and assigns, from and against any and all costs, expenses(including reasonable counsel fees), liabilities, losses, damages, suits, actions, fines,penalties, claims, or demands of any kind and asserted by or on behalf of any person orgovernmental authority, arising out of or in any way connected with, and Landlord shallnot be liable to Tenant on account of (i) any failure by Tenant to perform any of theagreements, terms, covenants, or conditions of this Lease required to be performed byTenant, or (ii) the negligence or intentional misconduct of Tenant, its agents, employeesor invitees; Drovided, however, in no event shall Tenant be liable for any consequential,incidental or punitive damages. B. Landlord shall indemnify, hold harmless, and defend Tenant, Its owners,members, managers, directors, officers, shareholders, employees, agents,representatives, successors, and assigns, from and against any and all costs, expenses(including reasonable counsel fees), liabilities, losses, damages, suits, actions, fines,penalties, claims, or demands of any kind and asserted by or on behalf of any person orgovernmental authority, arising out of or in any way connected with, and Tenant shall notbe liable to Landlord on account of (i) any failure by Landlord to perform any of theagreements, terms, covenants, or conditions of this Lease required to be perfor,ned byLandlord, or (ii) the negligence or intentional misconduct of Landlord, its agents,employees or invitees; provided, however, in no event shall Landlord be liable for anyconsequential, incidental or punitive damages. C. Tenant and Landlord, respectively, hereby waive and release each otherfrom any and all responsibility to the other for any loss or damage covered by theinsurance policies required by such party hereunder, whether or not such insurance ismaintained by such party, and if insurance is maintained, neither party's insurer shall havea subrogation claim against the other party. -12- 12.Fire or Other Hazard. A. Should the Premises (or any part thereof) be damaged or destroyed by fire or other casualty, Landlord shall, except as otherwise expressly provided herein, repairand/or rebuild the same with commercially reasonable diligence to at least a conditionequal to that existing prior to such damage or destruction. Landlord shall not be obligatedto repair, rebuild or replace any personal property belonging to Tenant. If any portion of the Premises shall not be usable by Tenant as a result of any such fire or other casualty,the Rent shall abate, in the proportion which the area of the Premises which is not usableby Tenant bears to the total area of the Premises, unless such damage or destruction is aresult of the act or negligence of the Tenant, its agents, employees or invitees, in which case the Rent shall not abate; provided, however, if Landlord is entitled to compensationas the beneficiary of loss of rent coverage, the Rent shall abate in the amount of suchcompensation entitled to be received by Landlord. B. Notwithstanding anything to the contrary contained in the preceding Section12(A) or elsewhere in this Lease, either party, at its option, may terminate this Lease on30 days' notice to the other party, given within 60 days after the occurrence of anydamage or destruction if (i) the Premises are damaged and the cost to repair the sameshall be more than 50% or more ofthe insured value of the Premises and (ii) such damage occurs during the last 24 months of the Term. C. Tenant may terminate this Lease by written notice to Landlord if Landlord falls to complete all repairs and restorations following a fire or other casualty, within 120days after the date of such fire or other casualty. 13.Assignment Sublettinq. Without the prior written consent of Landlord (whichconsent shall not be unreasonably withheld, conditioned or delayed), Tenant shall notassign or encumber this Lease, or sublet or rent the Premises or any part thereof, nortransfer possession or occupancy thereof to any person, entity, corporation, partnershipor association. Tenant's request to Landlord shall include the proposed assignee's name,address, business locations, proposed use of the Premises, current financial statement,and such other information as reasonably requested by Landlord. Tenant or its assigneeshall cure any existing defaults under the Lease as a condition to the acceptance byLandlord of any assignment and shall pay Landlord's actual and reasonable attorneys'fees incurred in connection with review and/or approval of any such assignment. Landlord's consent to any assignment, subletting or occupancy shall not be construed asrelieving Tenant or any assignee, subtenant or occupant from the obligation of obtainingLandlord's prior written consent to any subsequent assignment, subletting or occupancy.No assignment hereof may be effected by operation of law or otherwise without suchconsent. No assignment, subletting or occupancy shall be construed as a waiver or release of Tenant from liability for the performance of any covenant or obligation to beperformed by Tenant under this Lease, nor shall the collection or acceptance of Rent fromany assignee, subtenant or occupant constitute a waiver or release of Tenant from anyof its liabilities or obligations under this Lease. -13- Notwithstanding anything contained herein to the contrary, Tenant may sublet thePremises, or any portion thereof, or assign its right, title and interest under this Lease, toany Affiliate (as herein defined) without the consent of Landlord. As used herein,"Affiliate" shall mean (i) any person or entity that controls, is controlled by or is undercommon control with Tenant, (ii) any entity in which or with which Tenant, its successorsor assigns, is merged or consolidated, in accordance with applicable statutory provisionsfor merger or consolidation of entities, so long as the liabilities of the entities participatingin such merger or consolidation are assumed by the entity surviving such merger orcreated by such consolidation, and (iii) any successor to a successor entity becomingsuch by either of the methods described in subsections (i) or (ii) above. 14.Condemnation and Eminent Domain. A. If the Premises, or any portion thereof, shall be taken or condemned by anauthorized authority for any public use or purpose (or conveyed in lieu of condemnation),making the remainder of the Premises unusable for its intended use, Tenant mayterminate this Lease by written notice to Landlord, effective as of the date upon which thetaking or condemnation is finalized. The Rent shall be apportioned as of the date of suchtermination. If part of the Premises shall be so taken or condemned, and this Lease is notterminated as provided above, the Rent payable hereunder during the unexpired Term shallbe reduced to such extent as may be fair and reasonable under the circumstances, andLandlord shall restore the Premises to its condition prior to the taking. B. Any condemnation award shall be the sole property of Landlord; provided,however, notwithstanding the foregoing, Tenant shall have the right, to the extent that sameshall not diminish Landlord's award, to make a separate claim for such compensation asmay be separately awarded or recoverable by Tenant, including without limitation Tenant'smoving expenses, the value of Tenant's fixtures and improvements which do not becomepart of the Premises, or property of Landlord. C. If the temporary use or occupancy of all or any part of the Premises shallbe condemned or taken for any public or quasi-public use during the Term of this Lease(with "temporary" defined as lasting for a period of no more than thirty (30) days), thisLease shall be and remain unaffected by such condemnation or taking and Teriant shallcontinue to pay in full the Rent, and other sums payable hereunder by Tenant, but in noevent shall Tenant be liable for the payment of Base Rent, or other sums payablehereunder for any period during such temporary use or occupancy beyond the amountthat it receives from the condemning authority for the period of such use and occupancy.In the event of any such taking, Tenant shall be entitled to appear, claim, prove andreceive the entire award for such taking as represents compensation for use or occupancyof the Premises and Landlord shall be entitled to appear, claim, prove and receive theentire award as represents the cost of restoration of the Premises. -14- 15.Default. A. Events of Default. Any one or more of the following shall constitute an"Event of Default" under this Lease: (i) Failure by Tenant to pay any installment of Base Rent or of any othersum payable to Landlord hereunder within 10 days after receipt of written notice that thesame was not received by Landlord when due; (ii) Failure by Tenant to perform or observe any other covenant orcondition contained in this Lease which failure shall continue for a period of 30 days afterwritten notice thereof by Landlord to Tenant; provided, however, that if Tenant's obligationis of such nature that more than 30 days are required for its performance, then Tenant shall not be deemed to be in default hereunder if Tenant shall commence such performance within said 30 day period and thereafter proceeds diligently to prosecute thesame to completion; (iii) An assignment of Tenant for the benefit of creditors or theappointment of a receiver for Tenant by legal proceedings or otherwise; and (iv) Institution of bankruptcy or receivership proceedings by or against Tenant which proceedings are not withdrawn or dismissed within ninety (90) days afterthe institution of said proceedings. B. Acceleration of Rent; Lease Termination. In the event that Tenant commits or allows an Event of Default to occur, Landlord may, at Landlord's option, by writtennotice to Tenant, demand a sum equal to the entire Base Rent for the next 12 months ofthe Term, which amount shall immediately become due and payable as if by the terms ofthis Lease it were all payable in advance and on each anniversary of such Event of DefaultLandlord may, at Landlord's option, by written notice to Tenant, demand a sum equal tothe entire Base Rent for the next 12 months of the Term, which amount shall immediatelybecome due and payable as if by the terms of this Lease it were all payable In advance(all such sums paid by Tenant pursuant to this paragraph shall be deemed "Accelerated Rent"). At such time Landlord may also serve on Tenant written notice as to the effective date oftermination of this Lease. In such event Tenant shall have no right to avoid such termination by payment of any sum due or by the performance of any condition, term orcovenant broken. Tenant shall, however, thereupon surrender quiet and peaceablepossession of the Premises to Landlord. Notwithstanding any statute, rule of law ordecision of any court to the contrary, Tenant shall remain liable, even after termination ofthis Lease, for Rent due or to become due hereunder including Accelerated Rent and for all damages caused by Tenant's breach or breaches of this Lease through the termination date of the Lease. Contemporaneously, Landlord may also assert and exercise any other -15- rights and remedies herein set forth on behalf of Landlord. All of Landtord's remediesherein set forth (or provided by law) shall be cumulative and not exclusive. C. Re-Entry: Re-Lettina. In case this Lease shall be terminated as aforesaidas a result of an Event of Default hereunder, then Landlord may, without notice, re-enterthe Premises and terminate all services. Landlord shall use commercially reasonableefforts to re-let the Premises or any part or parts thereof. Such re-letting may at Landlord'soption be for a term which is less than or exceeds the period which would otherwise haveconstituted the balance of the Term of this Lease, and Landlord may grant commerciallyreasonable concessions or free rent or make improvements or additions to the Premisesin order to facilitate a re-letting of the same. Landlord shall receive and collect all rentsreceived from such re-letting (during the balance of the Term of this Lease) and shall firstapply such rents against the actual and reasonable expenses which Landlord may haveincurred in recovering possession of the Premises, placing the same in the condition inwhich the same are required to be returned to Landlord upon the expiration or earliertermination of this Lease, and such other expenses including attorneys' fees and otherlegal costs which Landlord may have incurred in connection with such repossession, andapply the remaining rentals as credits against all rentals due and owing from Tenant toLandlord. The balance, if any, may be retained by Landlord. No such re-entry byLandlord shall be deemed to be an acceptance of a surrender by Tenant of this Lease orof the Premises. Nolwithstanding anything contained herein to the contrary, upon an Event of Default andLandlord's subsequent re-leasing of the Premises (or any portion thereof), Landlord shallpromptly refund to Tenant (on a monthly basis as rent payments are received from thenew tenant) the Accelerated Rent paid for each such month, but not in excess of thelesser of the Accelerated Rent paid for such month and the rent payment received for themonth from the new tenant. D. Acceptance of Delinauent Rentals. The acceptance by Landlord ofdelinquent rentals hereunder with knowledge of a breach by Tenant of any covenantherein or condition broken shall not in and of itself be deemed a waiver of such breach,and any pending eviction proceedings or actions for monetary damages may beprosecuted further by Landlord without prejudice based upon this action alone. E. Landlords Default. Landlord shall be in default of this Lease if Landlordfails to perform or observe any covenant or obligation of Landlord contained in this Leasewhich failure shall continue for a period of thirty (30) days after written notice thereof byTenant to Landlord; provided, however, that if Landlord's obligation is of such nature thatmore than 30 days are required for its performance, then Landlord shall not be deemedto be in default hereunder if Landlord shall commence such performance within said 30-day period and thereafter proceeds diligently to prosecute the same to completion. Uponthe occurrence of a default by Landlord under this Lease, and subject to Landlord's cureperiod set forth in this Lease, Tenant shall have the following remedies: (i) Tenant mayperform Landlord's obligations hereunder and offset the reasonable costs and expensesincurred by Tenant in doing so against Rent thereafter coming due hereunder; (ii) if -16- Landlord's defaults(s) shall render all or any portion of the Premises untenantable forTenant's use of the Premises, Tenant shall be entitled to a fair and reasonable Rentabatement during the time that all or a portion of the Premises are so rendered unsuitable;and (iii) any and all additional remedies available to Tenant at law or in equity. In the event of any default hereunder, the non-defaulting party hereunder shall usecommercially reasonable efforts to mitigate any damages caused by such default. 16.Landlord Representations and Warranties. To induce Tenant to enter into this Lease, Landlord represents and warrants: (i) that it has good and marketable fee simpletitle to the Premises and has full right, power and authority to enter Into this Lease; (ii)that there are no Hazardous Material located at, in, on, under or about the Premises inviolation of any Environmental Requirement or in a manner which requires any cleanupor corrective action under any Environmental Requirement; (iii) that there have been noreleasing, emitting, discharging, leaching, dumping or disposing of any HazardousMaterial from the Premises onto or into any other property or from any other property ontoor into the Premises has occurred, which has not been remediated, or is occurring; (iv)that it has received no notice of violation, lien, complaint, investigation, suit or order ofany regulatory authority with respect to the environmental condition of the Premises thatis outstanding; (v) that there are no underground storage tanks located on the Premises;and (vii) that it has not received any notice of condemnation, zoning change or legalnoncompliance relating to the Premises. 17.Quiet Eniovment. Landlord represents and warrants that it is the true and lawfulowner ofthe Premises and is lawfully empowered to enter into this Lease and that so longas Tenant shall perform all of Tenant's covenants and obligations hereunder, Tenant shallhave and enjoy quiet and peaceable possession of the Premises without hindrance byLandlord or any one claiming through Landlord, subject to the provisions of this Lease. 18.Subordination: Estoppel. This Lease shall be subject and subordinate to thelien of all present or future mortgages which affect the Premises and to all renewals,modifications, replacements and extensions thereof; provided, however, that in the eventof foreclosure of any such mortgage, Tenant shall attom to the purchaser in foreclosureor who shall be named in any deed in lieu of foreclosure and shall recognize suchpurchaser as Landlord under this Lease; and provided, further, that so long as Tenant isnot in default hereunder beyond the applicable notice and/or cure period, this Lease shallremain in full force and effect and Tenant's possession or rights hereunder shall not bedisturbed or diminished as a result thereof. This clause shall be self-operative, but, inany event, Tenant hereby agrees to execute promptly and deliver any subordination, non-disturbance, and attomment agreement or other assurances ("SNDA") that Landlord mayrequest in furtherance hereof, provided that the SNDA contains customary terms.Landlord shall, within 30 days after the date of this Lease, obtain an executed SNDAcontaining customary terms to Tenant from each current party having a lien on the Premises or any portion thereof. -17- Tenant agrees at any time upon not less than 20 days prior written notice by Landlord, lender or any mortgagee to execute, acknowledge and deliver to Landlord, lender or such mortgagee, or any other party specified by Landlord or mortgagee, an estoppel certificate, furnished by Landlord, certifying that this Lease is unmodified and in full force and effect (or if there have been modifications) and the dates to which the Rent and other charges have been paid in advance, if any, and stating whether or not (to Tenant's knowledge) Landlord is in default of any provision of this Lease, it being intended that any such statement delivered pursuant to this provision may be relied upon by any prospective purchaser or any mortgagee thereof or any assignee of any mortgage. Landlord agrees to provide a similar estoppel certificate in favor of Tenant and Tenanfs lender upon not less than 20 days prior written notice by Tenant requesting the same. 19.Waiver of Non-Performance. Failure by either party to exercise any of its rights hereunder upon non-performance by the other party of any condition, covenant or provision herein contained shall not be construed as a waiver thereof, nor shall the defective performance or waiver of non-performance of any such condition, covenant or provision by either party be construed as a waiver of the rights of such party as to any subsequent defective performance or non-performance hereunder. 20.Entire Contract. This Lease constitutes the entire contract between the parties hereto and there are no understandings, promises, representations or warranties, oral or written, relating to the subJect matter of this Lease, which exist or bind any of the parties hereto, their respective heirs, executors, administrators, successors or assigns. No amendment, change or addition to this Lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by both parties. 21.Law to Govern; Jurisdiction. This Lease shall be governed by and construed, interpreted and enforced in accordance with the laws of the State where the Premises are located, without giving effect to any of the conflicts of laws p,Dvisions thereof that would require the application of the substantive laws of any otherjurisdiction. The parties hereby agree that any suit, action or other legal proceeding (collectively, "Suit") arising out of this Lease, shall be brought and adjudicated In any court of competent civil Jurisdiction sitting In city and county where the Property is located, submits to the non- exclusive jurisdiction of any such court for the purposes of any such Suit and waives and agrees not to assert by way of motion, as a defense or otherwise in any such Suit, any claim that it, he or she is not subject to the jurisdiction of the above courts, that such Suit is brought in an Inconvenient forum or that the venue of such Suit Is improper. 22.Waiver of Trial bv Jurv. IT IS MUTUALLY AGREED BY AND BETWEEN LANDLORD AND TENANT THAT THE RESPECTIVE PARTIES HERETO SHALL AND THEY HEREBY DO WAIVE TRIAL BY JURY (UNLESS SUCH WAIVER WOULD PRECLUDE A RIGHT TO COUNTERCLAIM) IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER (EXCEPT FOR PERSONAL INJURY OR PROPERTY DAMAGES) ON ANY MATTERS WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE. -18- 23.Severabilitv. If any particular term, covenant or provision of this Lease shall be determined to be invalid, illegal or unenforceable, such clause or provision must first be modified to the extent necessary to make this Lease legal and enforceable and then if necessary, second, severed from the Lease to permit the remainder of the Lease to remain in full force and effect. 24.Waiver of Claim. Except in the event of Landlord's negligence or default hereunder, Landlord and Landlord's agents, servants and employees shall not be liable for, and Tenant hereby releases and relieves Landlord, its agents, servants, employees, successors and assigns, from all liability in connection with any and all loss of life, personal injury, damage to or loss of properly, or loss or interruption of business occurring to Tenant, its agents, servants, employees, contractors, invitees, licensees, visitors, or any other person, firm, corporation or entity, in or about or arising out of, in or upon the Premises, including, without limitation, to the extent caused by (i) any fire, other casualty, accident, occurrence or condition; (ii) any defect in or failure of (a) plumbing, sprinkling, electrical, heating or air conditioning systems or equipment, or any other systems and equipment, and (b) the elevators, stairway, railway or walkways; (iii) any steam, gas, oil, water, rain, frost, ice, snow, or flooding that may leak into, issue or flow from any part of the Premises from the drains, pipes or plumbing, sewer or other installation of same, or from any other cause, place, or quarter; (iv) the breaking or disrepair of any services, installations and equipment; (v) the falling of any fixtures or any wall or ceiling materials; (vi) broken or dislodged glass; (vii) patent defects; (viii) the carrying out of any construction work or repairs; (ix) the exercise of any right by Landlord under the terms of this Lease; (x) any acts or omissions of the other tenants, occupants or users; (xi) any acts or omissions of other persons; (xii) any acts or omissions of Landlord, its agents, servants, employees or third party contractors; and (xili) theft, act of God, public enemy, injunction, riot, strike, labor disputes, public demonstrations, insurrection, war, court order, or any order of governmental authorities having jurisdiction over the Premises. The foregoing waiver and release shall not be effective if the liability is caused by the negligence or intentional misconduct of Landlord or its employees, agents or contractors, or a breach of any obligation imposed on Landlord by the terms of this Lease. 25.Exoneration. Tenant shall look solely to the equity of Landlord in the Premises (including the income therefrom and any proceeds from the sale thereof) for satisfaction of any proven damage of Tenant in the event of a breach by Landlord hereunder. Landlord may sell the Premises or Landlord's interest therein or assign its interest in this Lease, or any part thereof; in the exercise of its sole discretion, and upon the written notice from Landlord, Tenant shall be deemed to have acknowledged any such assignment; provided, however, that Tenant's consent shall not be required for any such sale or assignment by Landlord. In the event of any sale or assignment and assumption of this Lease by the buyer or assignee designated by Landlord, Landlord shall be entirely freed and relieved of all agreements and obligations of Landlord hereunder accruing or to be performed after the date of such sale or assignment, except that Tenant's lease terms and conditions and extensions thereof shall remain in full force and effect. .19- 26.Unavoidable Delav. In the event that either party shall be delayed or hindered in, or prevented from the performance of any work, service or other acts required under this Lease to be performed by such party and such delay or hindrance is due to strikes, lockouts, acts of God, governmental restrictions, enemy act, civil commotion, unavoidable fire or other casualty, or other causes beyond the control of such party, then performance of such work, service or other act shall be excused for the period of such delay and the period for the performance of such work, service or other act shall be extended for a period equivalent to the period of such delay. In no event shall such delay constitute a termination of this Lease, or any extension thereof. 27.Brokers. Tenant warrants to Landlord that Tenant has not dealt with any broker, firm, company or person in connection with this Lease and shall indemnify, defend and hold Landlord, its successors and assigns, harmless from and against any and all claims, suits, proceedings, damages, obligations, liabilities, counsel fees, costs, losses, expenses, orders and judgments imposed upon, incurred by or asserted against Landlord by reason of the falsity or error of the aforesaid warranty. The provisions of this Section shall survive the termination of this Lease. Landlord warrants to Tenant that Landlord has not dealt with any broker, firm, company or person in connection with this Lease and Landlord shall indemnify, defend and hold Tenant, its successors and assigns, harmless from and against any and all claims, suits, proceedings, damages, obligations, liabilities, counsel fees, costs, losses, expenses, orders and judgments imposed upon, incurred by or asserted against Tenant by reason of any broker, firm company or person retained by Landlord. The provisions of this Section shall survive the termination of this Lease. 28.Right of First Refusal. If at any time during the Term, Landlord receives a bona fide offer for the purchase of the Premises and is desirous of selling the Premises, Landlord shall first give notice CROFR Notice") offering the Premises for sale in writing to Tenant at the same price and on same terms and conditions as the bona fide offer. Said offer shall remain open for a period of 10 days following the giving of such ROFR Notice. Within that period, Tenant may accept such offer by giving notice to Landlord stating that Tenant desires to purchase the Premises at the same price and on the same terms and conditions as the bona fide offer. If Tenant elects to purchase the Premises pursuant to this Section, then the Landlord and Tenant shall promptly execute a real estate purchase and sale agreement which is substantially the same as the bona fide offer. If Tenant fails to accept the offer within the 10-day period or upon Tenant's affirmative election not to purchase the Premises, the offer contained in the ROFR Notice shall terminate and Landlord may sell the Premises to the bona fide offeror at the same price and on same terms and conditions contained In the original offer. This right of first refusal and all rights and obligations hereunder shall terminate automatically on the Termination Date of this Lease. 29.Authority. Landlord and Tenant each represent and warrant that the individual executing this Lease on behalf of Landlord and Tenant, as applicable, is duly authorized - 20 - to execute and deliver this Lease on behalf of said entity in accordance with the governingdocuments of such entity and that this Lease is binding upon said entity in accordancewith its terms. 30.Compliance With Laws and Ordinances. Tenant agrees that it will, at its solecost and expense, promptly fulfill and comply with all laws, ordinances, regulations andrequirements of the city, county, state and federal governments and any and alldepartments thereof having jurisdiction over the Premises, and of the National Board ofFire Underwriters or any other similar body now or hereafter constituted, affectingTenant's occupancy of the Premises orthe business conducted therein. Notwithstandinganything contained herein to the contrary, Tenant shall have no obligation to make anyalterations, improvements, changes or modifications to the Premises under this Leaseexcept as otherwise expressly required under Section 8(B) of this Lease. 31.Notices. All notices, requests, demands and other communications required orpermitted under this Lease ("Notice") shall be in writing, signed by or on behalf of theparty giving notice and shall be deemed to have been given as follows: (a) if personallydelivered: on the date of actual delivery to Landlord or to Tenant; or, (b) if mailed or sentvia a national delivery service: on the date upon which any notice shall have beenreceived as shown by return receipts or by the tracking service of an overnight deliverycompany. The following addresses shall be used for the foregoing purposes, provided,however, that either party hereto may change its address for such purposes from time totime by giving written notice of such changed address to the other party. If to Landlord: Randall E. Ketelsen c/o John B. Lindeberg Lindeberg & Associates, P.C. 12191 West 649, Ave., Ste 200 Arvada 80004 If to Tenant: RV World, LLC 250 Parkway Drive, Ste. 270 Lincolnshire, IL 60069 Attn: Chief Operating and Legal Officer If notice is given by certified or registered mail and the same is returned by theU.S. Postal Service marked "Refused" or "Unclaimed", service shall be deemed to havebeen given on the first business day following the date of mailing the same. Landlordshall be under no duty to post the Premises except as otherwise specifically providedherein. 32.Headings. The headings in this Lease are inserted for convenience andidentification only and are in no way intended to describe, interpret, define or limit thescope, extent or intent of this Lease or any provision hereof. 33.Binding. This Lease shall not be binding upon either party unless and until thesame shall have been signed by Tenant and Landlord, and shall thereafter be bindingupon the said parties and upon their respective heirs, executors, administrators,successors and assigns. - 21 - 34.Signs. Tenant at its cost shall have the right to place, construct and maintainexterior signs on the Premises advertising its business. Any sign that Tenant has theright to place, construct and maintain shall comply with all applicable laws, codes and anyand all covenants, declarations and/or any other association rules and regulations. Upontermination of the Lease, Tenant shall remove any sign so placed and repair any damageor injury to the Premises caused thereby. 35.Recordation. Tenant shall not record this Lease or any assignment or securitydocument pertaining to this Lease. Landlord agrees that upon the execution of this Lease,Tenant shall have the right to record a notice in the public records of the County wherethe Premises are located of the Tenant's rights provided for herein, and simultaneouslywith the execution of this Lease, Landlord shall execute and deliver an original of said notice to Tenant for recording. 36.Attornevs' Fees. If either party shall commence any action or proceedingagainst the other party in order to enforce the provisions hereof, or to recover damagesas the result of the alleged breach of any of the provisions hereof, the prevailing partytherein shall be entitled to recover all reasonable costs incurred in connection therewith, including, but not limited to, reasonable attorneys' fees at all trial and appellate levels. 37.Counterparts/Facsimile or Electronic Signatures. This Lease may be executedin one or more counterparts, all of which taken together shall constitute one instrument.A facsimile or electronically transmitted copy of a signature on this Lease shall beacceptable and deemed to be an original signature. 38.Landlord's Consent. In all instances in this Lease where consent of this Landlord is required, Landlord shall not unreasonably withhold, condition or delay suchconsent unless such consent is expressly provided to be in the sole discretion of Landlord. 39.Landlord's Lien and Landlord Waiver. Landlord hereby waives any and allrights it may now or hereafter have, whether under applicable law or otherwise, to imposea lien for unpaid Rent or any other charges against any of the property of the Tenant.Landlord shall execute any and all further documentation which may be requested byTenant to confirm the foregoing. Landlord agrees to execute such confirmation,certificates and other documents (except amendments to this Lease unless Landlordhereafter consents) as Tenant's lender may reasonably request at no cost, expense orliability to Landlord and In such form and substance acceptable to Landlord in connection with any such financing, including, without limitation, a form of Landlord Waiver requestedby any of Tenant's lenders in such form and substance reasonably acceptable toLandlord. The form of Landlord Waiver required by Tenant's current lender is attached hereto as Exhibit B which shall be executed by Landlord and Tenant simultaneously with the execution of this Lease. 40.Relationship of the Parties. Nothing contained In this Lease shall be deemedor construed as creating the relationship of principal and agent or of partnership or joint venture between the parties hereto, it being understood and agreed that neither the -22- method of computing Rent nor any other provision contained herein nor any acts of theparties hereto shall be deemed to create any relationship between the parties hereto otherthan that of landlord and tenant. 41.Landlord Action. As of the date hereof Landlord consists of two entities, andLandlord agrees that any action of either entity shall bind the other. If the interest in thePremises of either such entity is transferred and the transferee is not an affiliate of theother such entity, then Landlord shall notify Tenant in writing within 5 days of such transferand thereafter Landlord shall act only by consent of all parties constituting the Landlord. [The remainder of this page intentionally left blank - two signature pages to follow] -23- IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease effective the day and year first above written. LANDLORD:WITNESES: Ketelsen Ventures, LLC 1 WililARK-* Print Name: Al /Ukral@ 001 k Vil Name: Randall E. Ketelsen fuatz, Title:Print Name: 4(/15.-UL Kblh\* Ketelsen Campers of Colorado, Inc. By: 6,11 6.-04" Name:Randall E. Ketelsen Title: 44«- Print Name:4/ Prilit Nail'k: F A-i+Crl - TENANT: RV World, LLC 41A 4am@: \ }I,-1 P) It. / }10 I) f rBy: / --1 - -... Cl- £1 Nam&:-efer t*,(1<Ub(/V\-77-;49UL+Q Title: Chief Operating /legal Officer Mrint1%lame: Mr(00(/ 270 6 2,f it Nfdody 612 (Signature Page of Lease Agreement - Denvei', Colorado) EXHIBIT A Description of Premises See Attached DM_US 50254531-2.066497.0289 €GORE ew.•«a€4 Wn=nu= rE #. 111,IM.** ...1.46,i,Ma-- - -4» „901»0e'---9»-'-1. -1,"-im/W¥< W C- 0 L Bird's Eye View 9850 & 9870,9880,9890 W. I-70 Frontage Rd, Wheat Ridge 11 EXHIBIT B Landlord Waiver See Attached DM_US 50254531-2.066497.0289 WAIVER AGREEMENT This WAIVER AGREEMENT, dated as of (this "Agreement"), among (the "Lessee"), BANK OF AMERICA, N.A., as administrativeagent and collateral agent (in such capacity, the "Agent") for tile Secured Parties (as defined inthe Credit Agreement referred to below), and ,a .d/WaCamping World RV Sales (the "Owner"). WITNESSETH: WHEREAS, pursuant to the Sixth Amended and Restated Credit Agreementdated as of August 12, 2015 (as such agreement may be amended, amended and restated,supplemented or otherwise modified from time to time, the "Credit Agreement"), among, interalia, the Lessee and the Agent and in order to obtain the benefits referred to therein, the Lesseeand certain affiliates of Lessee (collectively, "Affiliates"), have granted to the Agent a securityinterest in, substantially all of the Lessee's and the Affiliates property, including withoutlimitation, all its equipment, inventory, furniture and fixtures, and all proceeds thereof(collectively, the "Collateral"); WHEREAS, the Owner is the owner of the premises in described as (the "Premises") and has leased the Premises to the Lessee pursuantto that certain Lease dated as of (as so amended, the "Lease); and WHEREAS, the Lessee has agreed with the Agent to maintain certain of theCollateral on the Premises and Collateral of certain Affiliates may from time to time bemaintained on the Premises, subject to the terms ofthis Agreement; NOW, THEREFORE, in consideration ofthe premises and the mutual covenantsand agreements hereinafter set forth, the Lessee, the Agent and the Owner agree as follows: 1. '1'he Owner hereby waives any and all liens, claims, demands, rights andsecurity interests which the Owner now has or may hereafter acquire with respect to any or all ofthe Collateral that may from time to time be located at the Premises (regardless of the means inwhich the Collateral is installed or affixed to the Premises, whether the Collateral is a "fixture" within the meaning of the then applicable IJniform Commercial Code or other applicable law orwhether the Collateral is owned by Lessee or an Affiliate). The Owner agrees that the Collateralshall not form a part of the Premises regardless of how it is installed, affixed or located on thePremises. 2. To the best of the Owner's knowledge it is not aware of any existingdefaults of the Lessee under the Lease. The Owner agrees to send to the Agent at its addressspecified pursuant to Section 11 a copy ofany notice ofdefault under the Lease or other notice totake possession of the Premises, in each case, as and when sent to the Lessee. If the Ownerintends to terminate the Lease or otherwise exercise its right to require the Lessee to surrenderthe Premises or to remove the Collateral from the Premises, the Owner will give the Agent andthe Lessee 30 days' prior written notice thereof (each an "Owner Notice"). The Agent shall have Waiver Agreement CHI-1547037v2 the right to cure any default or breach under the Lease, the exercise ofwhich shall be at the soleoption ofthe Agent. 3. (a) If an Event of Default has occurred under the Financing Documentsreferred to in the Credit Agreement, the Agent may deliver written notice thereof to the Ownerand the Lessee (each a "Secured Party Notice"). lf a Secured Party Notice has been delivered tothe Owner not later than 30 days after the date of any Owner Notice, the Owner will permit theCollateral to remain on the Premises during the period ending 60 days after the later of: (i) theearlier of(A) 30 days after the date of such Owner Notice and (B) the date of such Secured PartyNotice and (ii) the last day of any cure period in respect of any default under the Lease referredto in any applicable Owner Notice (such 60 day period, the "Activation Period"); provided,however, that for the portion of the Activation Period the Agent uses the Premises, the Agent (1)pays (or causes to be paid) the rental payments (including any common area or operatingexpense charges provided for in the Lease), or, in the case where the Lease has terminated, therental payments (including any common area or operating expense charges provided for in theLease) that would have become due under the Lease for such period if the Lease had not beenterminated, and (2) provides and retains (or causes to be provided and retained) the liability andproperty insurance coverage and pays (or causes to be pid) utilities required, or which wouldhave been required if the Lease had not been terminated, under the Lease. (b) Prior to the expiry of the Activation Period: (i) the Owner will cooperate with the Agent in its efforts toassemble all of the Collateral located on the Premises and shall not hinder the Agent's actions in enforcing its liens on the Collateral; and (ii) the Agent or its representatives may enter upon thePremises at reasonable times, for the purpose of removing, repossessing,inspecting, appraising, maintaining, preparing for sale, repairing, leasing, sellingor severing the Collateral; provided, however, that the Agent repairs (or causes tobe repaired) any and all physical damage to the Premises caused by such removal. (c) The Agent may exercise its rights with respect to the Collateral asprovided in this Agreement without assuming the Lease and the obligations contained therein orincurring any liability to the Owner, except as provided in this Agreement. 4. Unless the Lease shall have been terminated in accordance with Section 2and 3 hereof, this Agreement shall remain in full force and effect until the Credit Agreement hasbeen terminated. 5. (a) The Owner will not be liable to the Lessee or the Agent for anyexpense, claim, loss, damage or cost (collectively, "Damages") arising out of or relating to itsperformance under this Agreement, other than those Damages which result directly from its actsor omissions constituting negligence. (b) The Owner will be excused from failing to act or delay in acting,and no such failure or delay shall constitute a breach of this Agreement or otherwise give rise toany liability of the Owner, if such failure or delay is caused by circumstances beyond the -2- Waiver Agreement CHI-1547037v2 Owner's reasonable control, including but not limited to legal constraint, emergency conditions, action or inaction of governmental, civil or military authority, fire, strike, lockout or other labor dispute, war, riot, theft, flood, earthquake or other natural disaster, breakdown of public orprivate or common carrier communications or transmission facilities, equipment failure, or act, negligence or default of the Lessee or the Agent. (c) Except with respect to obligations and duties expressly provided in this Agreement, this Agreement shall not impose or create any obligations or duties upon the Owner that are greater than or in addition to those provided in the Lease. (d) The Owner may act upon any instrument or other writing believed by it in good faith to be genuine and to have been signed or presented by a person purporting to be an authorized officer of the Lessee or the Agent, as the case may be. (e) If in doubt as to its duties and responsibilities hereunder, the Owner may consult with counsel of its choice and shall be protected in any action taken or omitted to be taken in connection with the advice or opinion ofsuch counsel. 6. (a) The Lessee shall indemnify the Owner against, and hold it harmless from, any and allliabilities, claims, costs, expenses and damages of any nature (including but notlimited to allocated costs of staff counsel, other reasonable attorneys' fees and any fccs and expenses incurred in enforcing this Agreement) in any way arising out of or relating to disputes or legal actions concerning this Agreement. This section does not apply to any cost, expense or damage attributable to the gross negligence or intentional misconduct of the Owner. TheLessee's obligations under this section shall survive termination ofthis Agreement. (b) To the extent the Lessee shall fail to fully indemnify the Owner pursuant to Section 6(a) of this Agreement, the Agent shall indemnify the Owner against, and hold it harmless from, any and all liabilities, claims, costs, expenses and damages of any nature (including but not limited to allocated costs of staff counsel, other reasonable attorneys' ibes and any fees and expenses incurred in enforcing this Agreement) in any way arising out of or relatingto the Owner complying with instructions or requests of the Agent during the Activation Period. This section does not apply to any cost or damage attributable to the gross negligence or intentional misconduct of the Owner. The Agent's obligations under this section shall survive termination ofthis Agreement. 7. The Lessee agrees to pay to the Owner, upon receipt of the Owner's invoice, all reasonable costs, expenses and attorneys' fees incurred by the Owner in connection with the enforcement of this Agreement and any instrument or agreement required hereunder, including but not limited to any such reasonable costs, expenses and fees arising out of the resolution of any conflict, dispute, motion regarding entitlement to rights or rights of action, orother action to enforce the Owner's rights hereunder in a case arising under Title 11 of the United States Code. The Lessee agrees to pay the Owner, upon receipt of the Owner's invoice, all reasonable costs, expenses and attorneys' fees incurred by lhe Owner in the preparation and administration of this Agreement (including any amendments hereto or instruments or agreements required hereunder). -3- Waiver Agreement CHI-154703'M 8. The Lessee represents and warrants that: (a) this Agreement constitutes its duly authorized, legal, valid, binding and enforceable obligation; (b) the performance of its obligations under this Agreement and the consummation of the transactions contemplated hereunder will not (i) constitute or result in a breach of its certificate or articles of incorporation or formation, by-laws, limited liability company agreement or partnership agreement, as applicable, or the provisions of any material contract to which it is a party or by which it isbound or (ii) result in the violation of any law, regulation, judgment, decree or governmental order applicable to it; (c) all approvals and authorizations required to permit the execution, delivery, performance and consummation of this Agreement and the transactions contemplated hereunder have been obtained; and (d) it has not assigned or granted a security interest in any Collateral, except to the Agent as contemplated by this Agreement. 9. This Agreement may be amended only by a writing signed by the Lessee, the Agent and the Owner. 10.This Agreement may be executed in counterparts; all such counterparts shall constitute but one and the same agreement. 11. Any written notice or other written communication to be given to each party under this Agreement shall be addressed to the person at the address set forth on the signature page of this Agreement or to such other person or address as a party may specify inwriting. Except as otherwise expressly provided herein, any such notice shall be effective upon receipt. 12.This Agreement controls in the event of any conflict between this Agreement and any other document or written or oral statement. This Agreement supersedes all prior understandings, writings, proposals, representations and communications, oral or written, of any party relating to the subject matter hereof. 13. This Agreement shall be interpreted in accordance with Illinois law. This Agreement shall be binding upon the parties hereto and their respective successors and assigns, inure to the benefit of the Agent, the Owner and their respective successors and assigns and, in the case of the Owner, SHALL BE DEEMED TO BE A COVENANT REMAINING WITH THE PREMISES. [signature page follows] -4- Waiver Agreement CHI-1547037v2 25 i LEGEND i '•1 4-- 6-•.Ce·ne'r-Ir'Ve GRAPHIC SCALE .5.19 li *1 lill.. i &-Ar-i & 4 f REQUEST TO AUTHOR[ZE A14 1 . IRC* L",:E C79: Nr1.- - L inch SECURITY SYSTEM P,Or=-9 1 0. r t 50 iSE-BAy. AW WORLD DB» KETELSEN GAMPERS OF CO LA·OSCADE EASEVE- - # SCREEN FEr:E 9780 W I-70 SERVICE ROAD Ers»C rENCE WHEAT RIDGE, CO 80033 .*Gor,3/3, SE./4,.'I i S'STV f 82,· 90.---ta r.tr /---I-c> 4 1 ,·1 ... 2--Lic,C *V-w-WO r. 1 .... LZZ . w'... 1 fe 11 1 0 4/-. 1 6 p i .651.Er+ ETS-46 reCE'-C EVAN 510- PTIV '2* VAX r=cv GE>VE"Er r.r'rx M t t 12,1 1 ;* ··75: 4 1 ----te + 1 1-Ers-NC FENCE 32 rEW A r 0E -00 SECP™ SYS-Ev 92- Vax r.=04 CEPVE-EP rENCE oesn: era/ *C EVA: SECP'¥ S"STW :7 VAX./ :POW PER'WE-IP rE'PCE .0 * - - 5- - ?CE -ErS-'NS rn; I -3 E-VAN 1 i \ SECUm-¥ S¥53'EV 7- VAXt FR, •El?'VE-E= rErZE _t F U = LA··OSCAPE A=EA t · Ers-45 rE:CE r i.....i„.i:......:...-* :.*. __.:-*..*. . ---O REVA'N ,EX: 3. • GATE SE--0., S-S-EV ¥2* VAYf .Fbv --0.#r:'ro •nics Ers'540 rE'CE/ -3 ·rwA•N sm"-SSTO# ·r v .1-robv Firvr=9 r/4. G4 C.172:52/7 57.*CSc'ESAA™'3 8 wbrToet /7.""VE4' EX. BUILDING "1 - "1........ 332.21 J 4F f M t I ..1. 4 I. I . €.3. -- ---- -Ii- --- - - ill- ---* -Il- *:ek....... .rer ecr 1 EX.BUILDING 1 SECP'™ SYS-CV '2- 3 83 4'VEF 1 4 VAL\ LOCA-CN 01/--ErS"/ C rENCE 94 -2 CEVANe. *r- SECP'¥ PS'EV 12- VAY- re-04 rE>VE-ro re€E .. .4 ' J 0 1-= 20= 0 1 uard Dog r, Ste 230 1211 x A.1 3995* 'mill-Im--4172 *Ev• N ,SECP-¥ S-5-EV *2* VAXrp:24 EP'v· =.17 rrv-: -..-- ,EX'S™G OCE/ 93 REVAN t EX. BUILDING . APN: 39-222-93-Coz (01) L 3 , -EEFUVE- 4 / --,% SED-©,™ 5-5-zv ·,-- VAX, .Cv rJE,VE.-59 "r4CE € TO t€ A.44SECP™ s¥51™ 'r VAX/ 2 0 FROV *te VITE= ect 3 51O er·c:=r... SVE-EV :27 =OW 92'VE TE= FIN N a. 1 f 1 t , I '21) - 1 VAI :XS-40 rENCE-- CrU/•3 3 40 Qi Ev 1 ./. C C. . .,. 0--------- I..,--- IMOMM%*-. *M# f.F 1 1 5,3171 1 1 i 66 8 N AON: 2,3-·222-CZ-€5 b -G'09P..-,4: 09-6/1-,1.2 , ((>1) t te •I0, i 1 PROJECT DATA 22*22DEVELOPER .../ 39-222-ott-02..1022. 3.-222-17-C.' & 012 RV WORLD SECUc-7 SSEV MOU"'Y S"S*EV-. -1__0<70 U. 1-70 Ser.fcc Rd Se·.:9, U.hea: R.:de.. 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Fy=35 ksi FIBERGLASS POLE.PER AS TV %.252 GRADE TENCOM (OR EQU,y V.) \ 1wiTH CAP Fu=25,000 PS! 1 f t ?fiRES PER iNSTALLATION 1, te-'100TRUCTiONS (TYP.>VERES PER INS TA LL,4 T/ny iNSTRUCRONS (7710.)11 h I 1 1 4. 5 .1 1 Il 11 1i11 0 10* /1 1. It 1l ... 1/-tj- 1 1.T r -I... -*' ..P.-' - .--11'* , 1 1 1 ---1 1.- 1Ir " 1 , Exib i ING GRADE 1I 42.-87STING GRADE OCD 4.5' MIN. · f la 2,500 PS{ MIN. CONCRETE to 3 STRANDS OF V,CRE EXTENDED 4" 1/IN. NOTE: ,C.4 . ri, ¥ 4/ 4 6,4 9C.no , A'r,Wr'C OUR:NG CONSTRUCTION. STEEL POLE PLL BE SUPPORTED EXTERNALLY TO ASSURE r #/IN, ':*1 1 It; I.S:'ACNG =OV POTTOV O= FOOPNG.51* :27 0 t I 5 MIN.WL STEEL POLE DETAIL r/BERGL55 POLE DETAIL N TS NTS 6 FM 3 Fr r---7 r-PA•15 11(PH/IMETS / *40: Te•Cy:93,5 Ar, MSAttFO 5% te¥ 5. Clry:N - St -ir.EN 6 425 A<.5 3 'EST "C.M. A *93,0.'.55 BotE - .07,>Acc1 ·W / 4 . ;™r CIN-r' C' Twr *WiL : i·,£91 · Tw; -S•.,fur. 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Brete Be•& re loce,ed o: 100 0/ 93 1, Ente. #99, c,2 esf h:,e* e- f!,e chcl• 1:,4 s possib!2., ,r,-Lf Z. 5:hes re loccfed cm opee,Me $20 2 i,x',-3. AN Cri:res r.:34 imarde spri-2· 4. Ar =9,1/5 -MA/b.le !,01: 11:,Or?b f?*ref :$5 (Mo 50! 5:r,V'51· I 5. Ar Bece te€: 1,004€ to chek R,krre:? Irm set scen. 6. Eve, e ee peneT rve 1,10 c sem..r ·4 7. AM ecic m,"ces mest k secured k c r 57'me, 1,9 e.7.9.5 corte rbe,: close? by c M:-2 pe,s . Ir CAE V:ArrECT F.Nclow,1'7 7 7, E C £ Ttfs:'1 --211 rd i GATE DETAI L 11 NTS it .-i BATTERY 1 1. 11 (2z"X36") - I 'll,lijIrmi-WIFE- Put' 1,· Sou-r. 1 3. 9% 1. : flo? 1 1 LU»36% *0 /1/"vrc"' Al! exposed wire:,C= j - requires 3/C eledrical PVC Cold VASNI 101 111 jil 1 i1.1 VT ELECTRICAL CONDU:T 1 11 i YF (2) MLES - *1 10 Come! i; 11i (tr 50* FT, Alte Uge 12/Zi OUTDOOR i .t EX-STING GRADE Box 3 -- ·! if .I 11 ..1 i I- i 24,!Sf Vme) 1 . 1KEYS·.vITCH l ! I.:4.- 1 Ir 4 ./ , i '#ti' 1 2/1 Z/2 10 Cond f. 1 <1 1 - . --1.-- - --1 ' I- - /0,-, 6 E l 99/1 f:<ULLER i ('11 1/:5·, :'r.71 1 i - 1 '9-4 1 '' .jr. i ; .0 : i fi/:An rn\Trar--r 4 !' 1 - - *1 : : 011 4 4 < . i .'i , ... S1 1.-i 4-. -- t CN 1 031<0 9 1 W < 00INQRM GROUND ROM BARE CODPER WRE 28 1 e.e.-, -. te-•- t...c- 1 4/2 Feed CCA rrE / &5*54,7. * *-...1.i 1.-' .4 ri * Y .. . g ¥ ¥ W legzE I ITTEZ 4I led< 11 f u - - :Ll y 2.1.-E- VAR. 4,20:E NIA f i f I SCAL L -- V·ARE RUN DETAI LS \ 3 09 3 fiu414 .•i . . , PA'm(S) i IN WITNESS WHEREOF, the parties hereto have executed this Agreement bytheir duly authorized officers as of the day and year first above written. (the Address for notices to the Lessee: "Lessee") By: Name: Title: 250 Parkway Drive, Suite 270 Lincolnshire, IL 60069 Attention: Chief Financial Officer Telephone: 847-808-3000 Facsimile: 847-808-7015 BANK OF AMERICA, N.A., as the Agent Address for notices to the Agent: (the "Agent")Bank ofAmerica, N.A. 1355 Windward ConcourseBy: GA7-903-04-21Name:Alpharetta, GA. 30005Title:Attn: Joe Sagneri Telephone: (770) 774-4640 Facsimile: (770) 774-4792 (the Address for notices to the Owner: "Ownef') By: Name:Attention: Title:Telephone: Facsimile: Signature Page Waiver Agreement CHI-1547037v2 I- , 29' wl*1 Mge :(FAL - POLICE DEPARTMENI .--8 Meniorandum TO:Meredith Reckert Senior Planner Community Development Department FROM:Daniel Brennan, Chief of Police DATE:August 23, 2018 SUBJECT:Electric Fence The purpose ofthis memorandum is to respond to the referral for a Special Use Permit to allowan electric security fence at the Ketelsen Camper property, located at 9850-9870 I-70 FrontageRoad South. I am familiar with the issues concerning the installation of an electric fence, whichin the past have not been allowed in the city and the zoning code amendment that allows electricfences in certain conditions with the approval of a Special Use Permit. Ketelsen Campers is a uniquely shaped 14-acre property adjacent to other properties including aSuper 8 motel and vacant property to the west, school playing fields and Pennington ElementarySchool to the south, commercial properties to the west, and the I-70 Frontage Road to the north, The business has been subject to incidents of crime in the past, including burglaries, trespasses,theft, and motor vehicle thefts. I am aware that these crimes have involved monetary losses for the business and property owners. The Police Department appreciates the needs of the business owner in securing and protectingthe property interests of the business and their customers, as well as the safety of first responders,children at the school and playing fields, and other lawful persons at the surrounding properties. Considerations for approval ofthis Special Use Permit should include: 1. Notice to all public safety agencies serving this area that an electric fence has been installed. This notice should include information on the fence, hours ofoperation, and who to contact in case of an emergency. 2. A condition should be set requiring the property owner to turn the fence offduring hours the property is open to the public. 3. A condition should be set requiring the property owner to communicate with the school district regarding the installation of the fence, providing safety information, and a point of contact between the school administration and the property owner. 4. The fence should be no higher than 9 feet and have a setback of 1 foot around the perimeter of the property from adjacent properties. 5. The fence should be visibly signed warning people that it is an electric fence. 6. The Police Department implemented a Verified Alarm Response program several years ago. The program is designed to reduce the response of valuable police resources to false alarms. Referral for a Special Use Permit Ketelsen Campers August 23, 2018 Page 2 A study of alarms in Wheat Ridge showed that 97% of the alarms the department responded to were false. The new protocol requires perimeter alarms to be verified by another person or source. An exception to this policy is allowing officers the discretion to respond to perimeter alarms at locations that have been subject to previous criminal incidents. DB Meredith Reckert From:Scott Brink Sent:Wednesday, August 22, 2018 3:45 PM To:Meredith Reckert Subject:RE: referral Meredith: I have no comments on the referral. Thanks. Scott Brink Director of Public Works 7500 W. 2gth Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2860 www.ci.wheatridge.co.us . , 11%' /,154- W heat 11.idgei WINL W'•,11* From: Meredith Reckert Sent: Thursday, August 9, 2018 3:37 PM To: Scott Brink <sbrink@ci.wheatridge.co.us>; Steve Nguyen <snguven@ci.wheatridge.co.us> Subject: referral Please find attached a request for electric fence security system around the Ketelsen Campers property at Kipling and the South 1-70 Frontage Road. Let me know if you have any comments. Meredith Reckert, AICP Senior Planner 7500 W. 29th Avenue Wheat Ridge, CO 80033 Office Phone: 303-235-2848 FAX: 303-235-2857 www.ci.wheatridge.co.us I I 4 -50 W 121 11®lue -,"= {COMMIWIn' 111&'11(+1*MIN, 6- CONFIDENTIALITY NOTICE: This e-mail contains business-confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 1 Meredith Reckert From:Randy Slusser Sent Tuesday, August 7,2018 9:50 AM To:Meredith Reckert Subject:RE: referral - Electric Guard Dog Good morning Meredith, The Building Division has a few electrical comments on the fence. 1. The applicant's "statement of intent" should reference the 2017 National Electric Code. The City of Wheat Ridge orthe State of Colorado does not enforce the International Electrical Code as referenced in this document. 2. More information will need to be provided for the install and the solar panels. The manufacture's installation instructions will be required. 3. This product must be listed by an approved third party agency. (Examples are UL, ETL, CSA, etc.) Thank You, Randy Slusser, CBO Chief Building Official 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2803 www.ci.wheatridge.co.us 1 J . . 5 C ltv 016# W lieal- 11*453 --COMMOIIn' Drvil 01*MINT L CONFIDENTIALITY NOTICE: This e-mail contains business-confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. From: Meredith Reckert Sent: Friday, August 3, 2018 10:14 AM To: Kevin Ferry <kevin.ferry@arvadafire.com>; Hanks Matthew <Matthew.Hanks@jeffco.k12.co.us>; Randy Slusser <rslusser@ci.wheatridge.co.us>; Mark Moellenberg <mmoellenberg@ci.wheatridge.co.us> Subject: referral - Electric Guard Dog Attached is a referral for a Special Use Permit to allow an electric security fence at the Ketelsen Camper property. The Meredith Reckert, AICP Senior Planner 7500 W. 29th Avenue Wheat Ridge, CO 80033 1 Meredith Reckert From:Steven Parker <steven.parker@arvadafire.com> Sent:Monday, August 13, 2018 12:51 PM To:Meredith Reckert Subject:SUP-18-03 Attachments:AFPD - SUP-18-03.pdf Meredith, See attached AFPD comment on this referral. Steven Parker Deputy Fire Marshal - Code Compliance and Investigations Community Risk Reduction Division Arvada Fire Protection District 7903 Allison Way Arvada, CO 80005 303-403-0477 www.arvadafire.com 1 GRAPH:C SCALE te . I t., •c: Ma@29-@2....53 - '-e • Se BL SNTE PLAN REQUEST TO AUTHORIZE A SECURITY SYSTEM RV WORLD DBA KETELSEN CAMPERS OF CO 9870 W 1-70 SERVICE ROAD WHEAT RIDGE. CO 80033 LEGEND .r¥-, ·- et•IX.¥ i rr r•. ./.r. ./ -1 -2 ..... 5 El "/ 8//3/7 ....MI lcd} 1 A 7 '=1=.'12:r ...* % 1 /. L Am•r 2/222·0>-2/ -X] i ACCESS TO THE W, - ' PROPERTY IS STILL r--<-mur , ..PROVIDED TO AFPD. E 3:·:': REQUIRED TO BE &4'Ur /C'E HOW WILL THIS BE (0 q ACCOMPLISHED ,*RE WITH THE NEW CD iwii FENCE?.0 ¥UEX. BUILDING iR 8 Fi t v' L L 45£' 3 47 AEX. BCDNG Ii 79== 1 -92=A.422 lornr .\ 5 edDING U M'/1/2.19·et N-"rwr EXPIRES. (0*66-6 & 1 *At....*mt S2064 /lit DEV..OPER r·-'ORLD ...; LTD St,-4. /2 !...h "emr. rem. CO *503' PRO.HECT DATA r 47' %St iZmEBM=-3. i -.0 ==9 .ezl ·'-· ,!r'. 29. 2:lgi 1-,t-4 -·. -/- - SLF*- ' 'P• 1 - I. =u -0-,11 1 *&52..12274&14.VIC,NNY MAP 1 | NCT . 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Iet rop le :'r WrvAL "ES 3.....re,-04- --· e ..ell MAg. 4. 10·0 EXAM,15 WARA'ING 59'GNE 7/1/25 CC.VA'ECTiONS 2OF3 X'75 NTS U City of35/ wheat Ridge -0 COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 2gth Ave.Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 LETTER NOTICE August 7,2018 Dear Property Owner: This is to inform you of Case No. SUP-18-03, a request for approval of a special use permit to allow for a 9-foot high electrified fence on the property zoned C-1, PCD and PID and located at 9850-9870 West I-70 Frontage Road. The Wheat Ridge City Council recently amended the fencing regulations (ZOA-18-03) to allow electrified fences in certain situations with approval of a special use permit (SUP). The applicant is requesting a SUP to allow a 9-foot high security fence around the perimeter of the property. Approval of a special use is dependent on compatibility with surrounding uses, design of the property, and operation and management of the use. Please see the attached image on the back o f this page for a map demonstrating the area of expansion. Pursuant to Section 26-114 of the City Code, a special use permit can be reviewed and approved by the Community Development Director without the need for a public hearing. You are receiving this letter because prior to any approval of an SUP, all adjacent property owners are required to be notified o f the request by mail. If you have any questions about this request, please contact the Planning Division at 303-235- 2846. If you would like to submit comments concerning this request, please do so in writing by 5:00 p.m. on August 17, 2018. Thank you. www.ci.wheatridge.co.us L Vicinity Map Property outlined in red. ;,Eli E--E- d K • I e 1 -L-- -1 --#///..=#===%...i-//Bul,i impill I '11 i .1 L 1,111:.11,1 lin11'i'.11" ir/£.2.2...1 41'$:try'Uti ™FEFFEIT11171W.0*''I ----41Ir-1.*...... 1 i 3.. Emr 1 rt»Z=1F . *1 .i 11 NA www.ci.wheatridge.co.us 4600 KIPLING LLC 01250 8TH ST ' MANHATTAN BEACH CA 92066 4725 INDEPENDENCE LLC 04725 INDEPENDENCE ST 100 WHEAT RIDGE CO 80033 CF UNITED PROPCO LLC DRAWBRIDGE SPEC OPPOR FUND LP -46TH F 01345 AVE OF THE AMERICAS NEW YORK NY 10105 JEFFERSON COUNTY SCHOOL DIST Rl 01829 DENVER WEST DR GOLDEN CO 80419 LAG B OMER PARTNERSHIP LAG B OMER LIMITED LIABILITY COMPANY 01400 GLENARM PL 201 DENVER CO 80202 RAHMANI AZAR GHOLAMREZA 00010 E 120TH AVE NORTHGLENN CO 80233 of WheatR,gge POSTING CERTIFICATION CASE NO.SUP-18-03 G DEADLINE FOR WRITTEN COMMENTS: I,1 3«1 1 . I-.(name) residing at 9 89 o \J. 1,/&» Age- (address) go 033 as the applicant for Case No. 5U-·f -It-03 hereby certify that I have posted the sign for Public Notice at 9850-70 W. I-70 Frontage Road South (location) on this '07 *# day of N-us.1--and do hereby certify that said sign has been posted and remained in place for ten (10) days prior to and including the deadline for written comments regarding this case. The sign was posted in the position shown on the map below.E-2 Signature:-2-/1-2 1 NOTE: This form must be submitted to the Community Development Department for this case and will be placed in the applicant's case file. MAP - - i t,4 02 1.-**09,!411/ .. Site 170 te H"---2227-------279L1700ROilmE2- - 47'TH'AVE- t 0 6 4 N3O N3d3(] M ·ONV-1101-1• Wheal Nge PUBLIC POSTING REQUIREMENTS One sign must be posted per street frontage. In addition, the following requirements must be met: • The sign must be located within the property boundaries. • The sign must be securely mounted on a flat surface. • The sign must be elevated a minimum of thirty (30) inches from ground. • The sign must be visible from the street without obstruction. • The sign must be legible and posted for ten (10) continuous days prior to and including the deadline for written comments [sign must be in place until 5pm on Monday, March 11, 2013] It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form to the Community Development Department. k A . 1. Meredith Reckert From:Darrel Guadnola Sent:Friday, August 10,2018 11:45 AM To:Meredith Reckert CC:Daniel Brennan Subject:FW: referral - Electric Guard Dog Attachments:Referral 1.doc; applicants statement of intent.pdf; site plan.pdf Hi Meredith, Thanks for getting back to me on this. In light of the circumstances I took a moment to speak with Chief Brennan about this and he advised me to forward this to him for review. He will provide the input you are requesting due to all of the history involved. Have a good day and a good weekend! Commander Darrel Guadnola Investigations Bureau 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: (303) 235-2931 www.ci.wheatridge.co.us City of39' Wheat RidgePOLICE DEPARTMENT CONFIDENTIALITY NOTICE: This e-mail contains business-confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. From: Meredith Reckert Sent: Thursday, August 9, 2018 3:04 PM To: Darrel Guadnola <dguadnol@ci.wheatridge.co.us> Subject: RE: referral - Electric Guard Dog Hi, Darrell Thanks for reaching out. 1 appreciate your help on these. Typically, we'd be looking at general comments regarding the ability for the police department to serve the property given what is being specifically proposed. Occasionally, there may be questions regarding traffic - for example, if a site were at a particularly dangerous intersection that the property land development may make worse. In this situation, we would usually have a traffic report that our traffic engineer, Mark Westberg would take a look at. This referral is a little out of the ordinary for a couple of reasons: 1 • Prior to this, we did not allow electric fences- ketelsen was working with Electric Guard Dog (EGD) in 2014 to install the same system and did not have a positive outcome. • It has gotten political -the Ketelsen and EGD people reached out to elected officials and the ordinance was modified by CC to allow electric fences in limited situations. Chief Brennan was included in the ordinance drafting (or at least the discussion). • Ketelsen has an unusual property configuration which with its proximity to hotels, Kipling/1-70, etc., makes them an easy target. Also, because they have expensive products on the property, there has been a high dollar figure worth of theft and vandalism. So, there you go. Most of these referrals are way less tricky than this one. Typically, there is a fifteen day comment period. You can respond back in email but on this one you may want to make it more formal on letterhead. Let me know if you have any questions. Meredith Meredith Reckert, AICP Senior Planner Office Phone: 303-235-2848 FAX: 303-235-2857 -Cily of74-Wheatftidge- COMMUNITY DEVEZOPMENT From: Darrel Guadnola Sent: Tuesday, August 7, 2018 1:26 PM To: Meredith Reckert <mreckert@ci.wheatridge.co.us> Subject: FW: referral - Electric Guard Dog Hi Meredith, I received this from Sergeant Moellenberg for review and wanted to reach out to you with a couple of questions as I am new to WRPD and the manner in which the city approves projects of this nature. 1. What are you specifically looking for from me in a review of this nature. Intuitively I would assume a general public safety component as well as an impact on police response to the applicant's place of business, but is there anything else you would like input on? 2. What is the general time frame needed for reviewing these and returning them to you? 3. What format would you like any responses, concerns, or recommendations? Is email OK? Thanks for your help, and I look forward to hearing back from you. Darrel Commander Darrel Guadnola Investigations Bureau 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: (303) 235-2931 www.ci.wheatridge.co.us 2 City of30 WheatdgePOLICE DEPARTMENT CONFIDENTIALITY NOTICE: This e-mail contains business-confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. From: Mark Moellenberg Sent: Friday, August 3, 2018 10:37 AM To: Darrel Guadnola <dguadnol@ci.wheatridge.co.us> Subject: FW: referral - Electric Guard Dog Here's another one of those commanderthings... they send these over for review. If you're good with it then just send Meredith an e-mail saying that. If you think we should object to it, then Dave and the chief should probably know. I didn't look at this, but an electric fence right next to the crappy motels sounds awesome. Sgt. Mark Moellenberg Criminal Investigations Bureau Desk: 303-235-2904 Ci ly of7-Wher-tf OLICE DEPARTMENT From: Meredith Reckert Sent: Friday, August 3, 2018 10:14 AM To: Kevin Ferry <kevin.ferry@arvadafire.com>; Hanks Matthew <Matthew.Hanks@ieffco.k12.co.us>; Randy Slusser <rslusser@ci.wheatridge.co.us>; Mark Moellenberg <mmoellenberg@ci.wheatridge.co.us> Subject: referral - Electric Guard Dog Attached is a referral for a Special Use Permit to allow an electric security fence at the Ketelsen Camper property. The Meredith Reckert, AICP Senior Planner 7500 W. 29th Avenue Wheat Ridge, CO 80033 Office Phone: 303-235-2848 FAX: 303-235-2857 www.ci.wheatridge.co.us 4.'' . r Cily of-Qpr Wheat Ridge-- COMMUNHY DEVEU)PMENV CONFIDENTIALITY NOTICE: This e-mail contains business-confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 3 City of30VV heatil®!ge - COMMUNITY DEVELOPMENT Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date: August 3, 2018 Response Due: August 17, 2018 The Wheat Ridge Community Development Department has received a request for approval of a Special Use Permit to allow a 9' high electric fence around the perimeter of the property located at 9850-9870 W. 1-70 Frontage Road South. The property is zoned Commercial-One and Planned Commercial Development.** No response from you will constitute having no objections or concerns regarding this proposal. Case No.:SUP-18-03/Electric Guard Dog Request:Approval of Special Use Permit to allow a 9' high electric security fence around the Ketelsen Campers property at 9850- 9870 W. 1-70 frontage Road South. The property is 14 acres in size and is used for RV sales and storage. The intent of the SUP is to provide added security for the business. Attached are a site plan and specifications for the fence. **The City of Wheat Ridge recently approved a zoning code amendment that allows electric fences in certain conditions with approval of a Special Use Permit (SUP). Please respond to this request in writing regarding your ability to serve the property. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. If you need further clarification, contact the case manager. Case Manager: Meredith Reckert Voice: 303.235.2848 Fax: 303.235.2857 Email: mreckert@ci.wheatridge.co.us DISTRIBUTION: Arvada Fire Protection District Jefferson County Schools Wheat Ridge Police Department Wheat Ridge Building Division "The Carnation City " 1 L A Vicinity map "The Carnation City" Site l,t ·r- 17WB ·14+=170-EB-HWY -ATHMVE- t t 2.1 iONVirl 1 OHE Special Use Criteria Response 1. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. ANSWER: The proposed will not have a detrimental effect upon the health, welfare, safety or convenience of anyone residing or working in the neighborhood. It is installed completely inside the existing perimeter, non-electrified fence and therefore not exposed to the public. To come in contact with the Electric Guard Dog, one would have to be trespassing and illegally entering the property. With the installation of the EGD, the general safety and welfare of the public is maintained, crime is prevented, and the City can husband police resources toward crime other than property break-ins and vandalism 2. The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. ANSWER: The proposed will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. Operations on and offsite in the neighborhood will continue as normal. Physical characteristics are not effected due to the barely visible design of the system. It is also installed 100% inside of the existing compliant non-electrified barrier fence. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. ANSWER: There is no proposed change requested to the existing commercial use of the property. There will be no adverse impacts greater than allowed under existing.zoning for the property created by the installation of the proposed Electric Security Fence. 4. The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or offthe site. ANSWER: The proposed installation will not affect traffic, parking, or loading issues of any kind as it is installed inside of the existing non-electrified barrier fence. The proposed installation will follow the same fence line as the existing barrier fence and gates and therefore will not be any different than the existing conditions. 5. The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent Special Use Criteria Response properties. ANSWER: The property is appropriately designed so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. The Electric Guard Dog system does not only monitor crime, it prevents it by deterring would be criminals. The addition of the security fence will actually enhance the character of the surrounding area by helping to eliminate the criminal element. The system will also protect the adjacent properties from criminal trespassing when escaping from the proposed property. 6. The special use will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. ANSWER: There is no change proposed to the commercial use of this property. The proposed Electric Security Fence will be installed inside of the property 1' behind the existing non- electrified barrier fence and will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. 7. There is a history of compliance by the applicant and/or property owner with Code requirements and prior conditions, if any, regarding the subject property. ANSWER: The subject business as well as the property owner have a history of compliance with all of the Code requirements of the City. 8. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. ANSWER: All applicable standards set forth in the Architectural and Site Design Manual for the City will be compliant. The proposed Electric Security Fence will be installed l' inside of the existing permitted and compliant non-electrified fence. A copy of the manufacturer's installation instructions was supplied along with submittal to show as well as the site plan. 9. The proposed special use is in substantial conformance with applicable portions of the City's Comprehensive Plan and any subarea plan applicable to the subject property. ANSWER: We are proposing no difference in the use of the property. All commercial uses will remain the same at the subject property. .. City of 7500 West 29th Avenue37'Nheatp*lge Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857COMMUNITY DEVELOPMENT Variance Criteria for Review Staff uses the set of criteria listed below to critically evaluate a variance request when they are performing their review. Applicants must submit a written response to each of the applicable criteria with their application for a variance. The criteria listed below are applicable to all variance cases with the exception of the final two criteria, which are not applicable for variances for properties with single family and two-family dwelling units. The responses must reflect why a variance should be granted. The Community Development Director, Board of Adjustment, Planning Commission, or City Council shall base their decision in consideration of the extent to which the applicant demonstrates a majority of the following criteria have been met: A. The property in question would not yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located. a. RESPONSE: Not Applicable B. The variance would not alter the essential character of the locality. a. RESPONSE: The character of the locality would not be altered in anyway as the proposed 9- foot high electric fence would be contained inside the existing perimeter fence. C. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. a. RESPONSE: Not Applicable. The existing tenant has made a substantial investment in the property due to the type of goods stored at the location. D. The particular physical surrounding, shape or topographical condition of the specific property results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience. RESPONSE: The subject property in question is unique in the following ways: a. High value of inventory - both the equipment and inventory b. Due to size and nature of items, most items must are stored outside and cannot be protected inside a building c. The subject area is 3,110 linear feet in perimeter; it is not possible for security guards to effectively and constantly monitor the entire lot. d. A portion of the property is considered remote due to the lack of visibility to the patrolling Police Department. e. There have been multiple thefts and extreme vandalism to both the property and the inventory causing substantial losses. E. If there is a particular or unique hardship, the alleged difficulty or hardship has not been created by any person presently having an interest in the property. a. RESPONSE: This variance is not being sought to relieve illegal acts or self-imposed hardships. The business is a reputable business, located in the appropriate zoning and *- complies with all other ordinances. If approved, the variance authorized will be -0 consistent with the general purpose and intent of the provision from which the variance is sought as the general safety and welfare of the public is maintained, crime is prevented, and the city can police crime other than property break-ins and vandalism. 1 1 The variance is the minimum necessary to relieve a practical difficulty and resulting hardship, cameras record crime and don't prevent it, guards are unreliable (don't show up for work, sleep on the job, and at times are complicit in the criminal action). The Electric Guard Dog is the most reliable, most economical, and safest security application available. In actuality the installation o f the Electric Guard Dog will secure the variance property and increase the security of the surrounding properties and the immediate area by deterring the criminal element. The owner/tenant of the property has experienced numerous break-ins since taking occupancy of the property. RV World DBA Ketelsen Campers has not only sustained losses of inventory or accessories attached to the inventory, but they have had clients compromised as well. F. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. a. RESPONSE: The variance being sought will not adversely affect surrounding properties. We merely seek to have the Electric Guard Dog security system 9-feet tall and powered independently of the power grid by utilizing a solar powered, 12V battery in order to adequately protect the property from criminal activity. The system would also help to protect the employees of the business. In addition, having the system would also protect the children and employees of the school located next to this property. The criminals are exiting the lot onto the school property upon arrival of employees and opening ofbusiness. G. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. a. RESPONSE: This variance is the minimum necessary to relieve a practical difficulty and resulting hardship. Cameras record crime and do not prevent it, guards are unreliable (do not show up for work, sleep on the job, and at times are complicit in the criminal action). The EGD is the most reliable, most economical, and safest security application available. In actuality the installation of the EGD will secure the variance property and increase the security of the surrounding properties and the immediate area by deterring the criminal element. H. Granting of the variance would result in a reasonable accommodation of a person with disabilities. a. RESPONSE: Not Applicable. I. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. A Of City of-WheatIlidge - COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29 Ave.Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 NEIGHBORHOOD MEETING NOTES Meeting Date:July 31,2018 Attending Staff:Meredith Reckert Location of Meeting:Second Floor Conference Room Wheat Ridge Municipal Building Property Address:9850-9870 W. I-70 Frontage Road South Property Owner(s):Ketelsen Campers of Colorado Applicant:Don Secord, Ketelsen Campers Michael Pate, Electric Guard Dog Applicants' Representative Yes Present? Existing Zoning:C-1, PCD, PID Existing Comp. Plan:Mixed Use Commercial Existing Site Conditions: The property is located on the south side of the I-70 Frontage Road to the east of Kipling Street. It is comprised of four parcels of land with 10 acres o f land area and a mix of zonings, including Commercial-One (C-1), Planned Commercial Development (PCD) and Planned Industrial Development (PID). The property is used for Recreation Vehicle (RV) sales, service and storage There are several existing buildings on the north side of the property with used for office, display and maintenance functions. The combined total of the building area is 38,000 square feet. Two vacant parcels extending almost one quarter of a mile to the south are used for open RV storage which are encompassed with ta 6' high chain link fence. The property has a mix of zonings and land uses surrounding it. On the south and southwestern portion it is abutted by vacant land zoned NC, A-1 and PCD. Further north on the western side is a hotel and a fueling station. Both ofthese properties are zoned C-1. The South I-70 Frontage Road with I-70 beyond abuts the property no the north. To the east are commercial uses zoned C-1 and PID. Further to the south but still on the eastern side is the Pennington Elementary school with associated grounds and activity fields owned by Jefferson County. These parcels are zoned A-1 and R-2 www.ci.wheatridge.co.us Applicant Preliminary Proposal: Ketelsen Campers has been located in the City of Wheat Ridge for over 30 years. In recent years, the property has been experiencing an increasing number of theft and vandalism crimes. Although all portions of the property have been impacted, the storage areas devoid ofbuildings have been a primary target. In order to curb property crime, the owner would like to install an electronic security system, which would include erection of a 9' high electric fence. **The City of Wheat Ridge recently approved a zoning code amendment that allows electric fences in certain conditions with approval of a Special Use Permit (SUP). The following is a summary of the neighborhood meeting: • In addition to the applicant, their representative and staff, one resident/property owner from the neighborhood attended the meeting. The attendee lives in the townhomes directly to the east of Pennington's northern play fields. • Staff explained the purpose of the neighborhood meeting, and explained the process for a special Use Permit approval. • Staff discussed the site, its zoning and surroundings. • The applicant presented their proposal and answered further questions, with input from staff. • The attendees were informed of their opportunity to make comments during the comment period, and if warranted the City Council public hearing. The following issues were discussed regarding the special use permit request: Has the applicant tried other security techniques? Yes, they have tried cameras, signs, after-hours security personnel and lighting; none of which have been effective. Where are Ketelsen Campers' most targeted theft/vandalism locations? Adjacent to thewestern perimeter ofthe school's northfields. Also, other locations where there are no permanent structures, adjacent to the west and south camper storage areas. Do you have an estimate of the monetary damages that have been sustained? Roughly $143,000 in the last 6 months. This has also had an impact on insurance and reputation as some of the RV's waiting to get repaired have been vandalized as well. Are there any precautions taken due to the adjacency of Pennington Elementary? The fence adjacent to the school property is non-electrified (although it appears electrified) and is located within a 6' high chaintink perimeter fence. How accurate is the electronic security fence when there is a break-in? The system can usually narrow down the location to about 10'from where it occurs. Why is it necessary to put this request on referral? It is standard practice that all special use applications go out on referral to outside service agencies. This will be a limited referral and be sent to the fire district, police department, public works and Jefferson County schools. 2 July 31, 2018 - 6 PM Neighborhood Meeting 9870 to 9890 1-70 Frontage Road Special Use Permit for an Electric Fence (Property Zoned C-1 and PCD) PLEASE PRINT Name Address f Aptil F>4+19 wj 39 9) Hoyt 5 f Soo 33 A / 00 n 3>.euv El 9 &*70 W.-1-70 FoosE; 7,5<0 U#SUP+A 945-l 'I,v=4*» 0«W·e/31- 86033 /Midae-{Pic_do/01&4 3 L 2-72-05 L Crl CO (-4 C . metric Guam 0,51 The #1 Theft Deterrent Service in the U.S. 550 Assembly St., 5th Floor Columbia, SC 29201 Phone: (803) 978-58281 Fax: (803) 404-5378 July 11, 2018 Re: Ketelsen Campers of Colorado - Electric Security Fence inside of property 9870 W 1-70 Service Rd. Wheat Ridge, Colorado 80033 Dear Neighbor: Electric Guard Dog is pleased to invite you to a neighborhood meeting to describe our plan to install a low-voltage perimeter security fence for Ketelsen Campers of Co. located at the above address. The proposed installation will be 12 inches inside of the customer's existing non-electrified fence and only accessibie lo irespabsers. Vve'le vely exciled lu pluvide ilit: illuch lieeded seculily to tile aobels, employees, and customers of Ketelsen Campers as well as the community from criminal elements. The site is currently zoned Commercial-One (C-1), and our redevelopment of this property is allowed with a Special Use Permit (SUP). The City of Wheat Ridge has a requirement that prior to any application for a Special Use Permit, we must notify all residents and property owners within 600 feet and invite them to a neighborhood meeting. It is important to us that we fully educate the surrounding community about our plans and that you have the opportunity to voice any feedback, ideas or concerns to ensure the best final product for everyone - our residents, our neighbors and the City of Wheat Ridge. The date and location of the meeting are as follows: Date: Tuesday, July 31, 2018 Time: 6:00 p.m. Location: City Hall (2nd Floor Conference Room) 7500 W. 29th Avenue Wheat Ridge, CO 80033 Representatives from the City of Wheat Ridge Community Development Department will also be attending the meeting and will be available to answer questions about City policies and the SUP process. Because this is a neighborhood meeting and not a public hearing, staff planners will remain impartial regarding viability of the project. If you have any questions, please call the City of Wheat Ridge Planning Division at: (303) 235-2846. If you are unable to attend the meeting, you may mail comments or concerns to: City of Wheat Ridge, Community Development Department, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033. We look forward to seeing you at the neighborhood meeting. Sincerely, Nikki HugginsELECTRIC Compliance Manager Electric Guard Dog, LLC . 803-978-5828 nhuggins@electricquarddoq.corn Deterrent electricquarddoq.com Service-Follow us: bulli .m¤ Im 6,890 GENERAL POWER OF ATTORNEY I, RANDY KETELSEN ,Owner and President of KETELSEN CAMPERS OF CO located at 9870 W I-70 FRONTAGE ROAD WHEAT RIDGE CO, hereby appoint ELECTRIC GUARD DOG (MICHAEL of PATE/CINDY GSELL, CAROL BAUSINGER) 121 EXECUTIVE CENTER DR ,Columbia SC. 29210 ,as myAttorney-in-Fact ("Agent"). My Agent shall have full power and authority to act on my behalf strictly related to the acquisition of permits and local licenses for Electric Guard Dog in the City of Wheat Ridge. This power and authority shall authorize my Agent to manage and conduct all of my affairs and to exercise all of my legal rights and powers solely to this end. My Agent's powers shall include, but not be limited to, the power to: 1. Acquisition ofpermits for security systems installed by Electric Guard Dog 2. Acquisition of licenses required by local governments to install or maintain security systems This Power of Attorney shall be construed broadly as a General Power ofAttorney, The listing of specific powers is not intended tO limit orrestrict the general powers granted in this Power of Attorney in any manner. My Agent shall not be liable for any loss that results from a judgment error that was made in good faith. However, my Agent shall be liable for willful misconduct or the failure to act in good faith while acting under the authority of this Power of Attorney. I authorize my Agent to indemnify and hold harmless any third party who accepts and acts under this document. My-*vittashall„be-01*itted·to·feasonable-eempensatiorrfor-an>ge:=Mices-prolided-as#,3,Agent.-y-Agentshall-be-entitled-te-reimbursementof-all-reasonable-expensei-incurred-in-connection-with-this-Fewer-of=Attorney=- Rk My Agent shall provide an accounting for all funds handled and all acts performed as my Agent, if I so request or if such a request is made by any authorized personal representative acting on my behal£ This Power ofAttorney shall become effective immediately and shall not be affected by my disability or lack of mental competence, exceptas may be provided otherwise by an applicable state statute. This Power of Attorney shall continue effective until all necessary documentsand permits necessary to this project are obtained and approved. This Power of Attorney may be revoked by me at any time by providing written notice to my Agent. Dated APRIL 28 ,2014 SIG]'·pyful PRINTED NAME: RANDY KETELSEN WI'INESS' SIGNATURE:WITNESS' SIGNATUR.E: WITNESS' PRINTED NAME:WITNESS' PRINTED NAME: Acknowledgement: STATE OF Colorado COUNTY OF Jefferson The foregoing instrument was acknowledged before me this N | day of A pn \ ,2014 by KRISTEN L GREEN)lic Notaryl, who is pemonally known to me or who has producedNOTARY PUBUC STATE OF COLORADO as identification NOTARY ID 20124070795 MY COMMIQLON EXPIRES NOV. 27,2016 Signature of person taking acknowledgment Name typed, printed, or stamped Title or rank Serial number (ifapplicable) This document was prepared by: Name: Carol Bausinger Address: 121 Executive Center Dr, Ste 230 Columbia SC 29210 .6 -CLj .225:-3/2Itirr--r..E.-JILU CAMPERS ECOLORADO www.wegocamping.com 9870 W. I-70 Service Road S., Wheat Ridge, CO 80033 • 303-431 -2211 To Whom It May Concern: City of Wheat Ridge Wheat Ridge, Colorado Ketelsen Campers of Colorado has been a proud member of the Wheat Ridge community for nearly thirty years. We have always strived to present our business in the most positive, professional light possible. In the past couple of years however, our efforts have been continually violated by ever increasing crime and vandalism on our property. Significant efforts by the Wheat Ridge Police Department to be proactive in halting the continued crime have yielded enormous frustration and expense for all of us. We have sustained losses in excess of $100,000 in break-ins to our building and inventory. The targeted areas are always to the east, south and west sides of our property. Numerous police reports to confirm this can be made available at your request. I want to emphasize that the Wheat Ridge Police Department is actively supporting our efforts to stop the losses and are totally cooperative in attempting to protect our property. We have found an answer to our security needs. "Electric Guard Dog" is a security system that rings the inside of our property - inside our existing chain link fence. The system provides electric wires that not only provide a pulsating, short duration shock lasting 3/10,000th of a second - Certified within OSHA Safety Standards by International Electrotechnical Commission (per Vendor specifications), but is also directly linked to a central monitoring station. If contact is made then a Central Monitoring System calls me and asks if the police should be dispatched. This is exactly the process used for other security systems inside many businesses and homes. The system is solar powered. It is turned on and off via key pad or smart phone access. The system would obviously only be on when our business is closed. This system is successfully in use at a business with similar exposure as ours in Arvada, with no crime or incidents in nearly ten years. We are proposing to install this system around the rear and sides of our property. No parts of it will be forward of our buildings. We are confident that this monitored security system will solve the out-of-control break-ins and vandalism that continue to occur. We question the need for a permit as this is not considered a "fence." It is security wires - on our property - inside an already existing fence, linked to a Central Monitoring Station. The wires are ten feet high on small fiberglass poles to eliminate vandals going over the top of the existing six foot fence. The solar powered unit provides an efficient source for operating this system when our business is closed. I'm sure the Wheat Ridge Police Department will enthusiastically support and confirm the need for this system. The cost related to the constant calls to the City's Police Department is enormous. The financial savings to both parties is obviously great. If you have further questions then please contact me as soon as possible. We are ready to move forward with installation before the next break-in occurs. Thank you, Randy Ketelsen Ketelsen Campers of Colorado Johnnv 14Imm M -<] 61 A Branch of Wkeeteisen CAMPEIPS RECREATIONAL VEHICLES Muton, Iowa1*ECOLORADO Established 1962 F..21.- 4.2 i Electric Guard Dog for RV World DBA Ketelsen Camper - Statement of Intent Electric Guard Dog is proposing the installation of a 9-Foot, 12V/DC battery operated, solar powered, low voltage electric security fence to be installed at 98701-70 Frontage Rd. for RV World DBA Ketelsen Campers. The EGD would be installed 12 inches inside/behind the existing perimeter fence. The property has an existing solid wood and slatted chain link perimeter fence. Per the International Electric Code (IEC) 60335.2.76, the opening of the perimeter fence should be no greater than 130 mm (5.12 inches) to install the electric (12V DC battery) fence. The existing perimeter fence meets the criteria and provides the proper safety barrier. The IEC recommended separation between the perimeter and security fences are within the required range of 100 mm (3.94 inches) and 200 mm (7.87 inches). Since we don't operate under the metric system, it is the standard among jurisdictions to accept the 12-inch separation as an adequate separation between the perimeter fence and apparatus to prevent accidental engaging of the electric fence. Anything over that is an unnecessarily taking of business storage property. As studied and reported on from the renowned John G. Webster, Professor Emeritus of Biomedical Engineering of the University of Wisconsin, foremost expert on pulsed electricity, the electric security fence provided by Electric Guard Dog is safe. The Webster Safety Document is a comprehensive electric security system report and included with this narrative for reference. In addition to the expert reporting, we are also safety tested and certified by Nationally Recognized Testing Laboratory, TUV Rheinland. (Report attached) The Electric Guard Dog security system has minimal impact to surrounding properties. It does not interfere or affect the current Architectural and Site Design Manual (ASDM) principles as set forth by the City of Wheat Ridge. 1*Electlic Ili,ara, V 1te The #1 Theft Deterrent Service in the U.S. 550 Assembly St., 5th Floor Columbia, SC 29201 Phone: (803) 978-58281 Fax: (803) 404-5378 May 8, 2018 City of Wheat Ridge Attn: Kenneth Johnstone Community Development 7500 West 2gth Avenue 2nd Floor Wheat Ridge, CO 80033 RE:Administrative Variance for 9' Height Allowance - Electric Security Fence 9870 W 1-70 Service Road - RV World DBA Ketelsen Campers Dear Meredith: Enclosed are the following documents to be reviewed and considered for a height variance of 9-feet for the RV World DBA Ketelsen Campers property on 9870 W 1-70 Service Road. As discussed, this variance is being submitted based upon being an additional 50% of the maximum fence height of 6-feet. 1. Submittal Checklist: Variance 2. Statement of Intent 3. Variance Criteria Response 4. Check in the amount of $200.00 5. Land Processing Application 6. Deed & Lease 7. 5 sets ofll"x17"siteplans 8. 5 sets of structural calculations 9. lEC document 60335-2-76 10, Webster Safety Document 11, TUV Certification document 12. Building Permit Application Please let me know if there is any further documentation required or if there are any questions. I look forward to hearing from you. Sincerely, ELECTRICGUARDI 000 ./ #1 Theft Deterrent Service- s.fEk Nikki Huggins Compliance Manager Electric Guard Dog, LLC 803-978-5828 nhuqqins@electricquarddoq.com electricquarddoq.com Follow us: m m. Im 0€ALER 00 THE YEAR City of-07 Wheat Rgge LAND USE CASE PROCESSING APPLICATION Community Development Department7500 West 29th Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 (Please print or type all information) Applicant Electric Guard Dog LLC City COLUMBIA Address 550 Assembly St. 5th Floor State SC Zip 29201 Phone (803) 786-6333 Fax OwnerRV World, LLC DBA KETELSEN CAMPERS OF C*ddress 9870 W 1-70 FRONTAGE RD City Wheat Ridge State CO Zip 80033 Phone 303-431-2211 Fax Contact Nikki Huggins/Michael Pate Address 550 Assembly St. 5th Floor Phone (803) 978-5828 City COLUMBIA State SC Zip 29201 Fax (The person tisted as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staffreport prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address):9870 W 1-70 FRONTAGE RD Type of action requested (check one or more ofthe actions listed below which pertain to your request): Please refer to submittal checklists for complete application requirements; incomplete applications will not be accepted. O Change of zone or zone conditions O Consolidation Plat O Flood Plain Special Exception O Lot Line Adjustment O Planned Building Group ]Special Use Permit O Conditional Use Permit O Site Plan approval O Concept Plan approval O Right of Way Vacation O Subdivision: Minor (5 lots or less) O Subdivision: Major *lore than 5 lots) O Temporary Use, Building, Sign l Variance/Waiver (from Section ) O Other: Detailed description of request: 9• HIGH SFC[IRITY FENCE, INSTALLED INSIDE THE EXISTING PERIMETER FENCE. Required information: Assessors Parcel Number: 39-222-04.0001 Current Zoning: COMMERCIAL Current Use:COMMERCIAL Size of Lot (acres or square footage): 146797 SQ FT Proposed Zoning: N/A Proposed Use:N/A I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that infiling this application, I amacting with the knowledge and consent ofthose persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submitpoi owner which approved of this action on his behalf: Notarized Signature of Applicant / State of €ele,raek¢·3 |'nb'.3 0 County of 2-4 k< } ss The foregoing instrument (Land Use Processing Application) was acknowledged by me this 30- day of *,4 ,20 Ir by &44900©ely-Log/,Lo .r--OFFIC=exp 1 KEVIN J. BRAUrCu -* f 9 7-1 NOTARY PUBLIC, STATE OF INotary Puh!17 1.,S.GommissionExpiresJuneMy commission expires 6 A /20€1 ver;Af-attorney #om the LLINOIS 9, 2021 To be filled out by staff: Date received *- 3- B Fee$6200,@ ReceiptNo. COBO/960$ Case No. ,56 P./S-£>3 Comp Plan Design.Zoning C- 1 ALD , PLD Quarter Section Map 43 k) 11 Related Case No.Pre-App Mtg. hate Case Manager A..Lot 1 1 City ofWheatilggeV ITEM NO: DATE: June 25, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO.16-2018 -AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING ELECTRIFIED FENCES (CASE NO. ZOA-18-03) ® PUBLIC HEARING E BIDS/MOTIONS E RESOLUTIONS U ORDINANCES FOR lsT READING (06/11/2018) ® ORDINANCES FOR 2 DID READING (06/25/2018) QUASI-JUDICIAL:U YES ® NO lt_.pUL P. -(rhj Community Develop irector City Manager ISSUE: Municipal Code is currently silent on the topic of electrified fencing. Historically, the City has determined such fences to be prohibited in the City based on a finding that they represent "a hazard to the health or safety of any person," and as such were by definition a prohibited fence type. City Council requested discussion of the topic and an initial discussion occurred at the May 7, 2018 Study Session. At Council's May 21 study session staff presented a draft ordinance that would allow electrified fences in certain locations through review and approval of a special use permit (SUP). Council's direction at that ineeting was to move forward with a code amendment ordinance public hearing process, including the required Planning Commission public hearing. The Planning Commission conducted a public hearing on June 7 and they forward a recommendation of approval with a 4-2 vote. PRIOR ACTION: As noted, City Council has discussed this topic at the May 7 and May 21,2018 study sessions. City Council introduced the ordinance on first reading on June 11 and Planning Commission conducted their public hearing on June 7. L / Council Action Form - Electrified Fence Code Ordinance June 25,2018 Page 2 FINANCIAL IMPACT: None. BACKGROUND: Historically, staff has interpreted electric fences to be a prohibited fence type. Chapter 26-603 0 f the Code defines various types ofpermitted fences, including: masonry walls, ornamental iron, woven wire and chain link (with some limitations), wood, hedges, and barbed wire (with some limitations). The code also defines fence types prohibited, as "any fence, if in the opinion of the chief building inspector, public works director or chief of police that would constitute a hazard to the health or safety of any person." Based on this language, electric fences have been treated as a prohibited fence type. In a May 7, 2018 staff memo to City Council, staff provided some anecdotal information as to how other jurisdictions address electrified fences. While many Colorado jurisdictions choose to prohibit these fences entirely, several also allow them, though generally in limited locations. Based on Council direction at the May 7 study session, the City Attorney has drafted an ordinance amending Chapter 26 of the Code to allow electrically charged fences, at a maximum height of 9 feet, through review and approval of a special use permit (SUP) application. Staff felt it would be appropriate to somewhat limit the scope of where such fences could be installed in the City and the special use permit review process in itself is limiting. Each such application needs to be evaluated relative to the extent which said application is consistent with the nine (9) criteria for review found in Section 26-114. Further, we have proposed that they be allowed only in limited zone districts: Commercial-One, Commercial-Two, Industrial/Employment, Planned Commercial and Planned Industrial. In defining "electrically charged fences," staffs draft language also suggests such fences are permitted "where necessitated by a demonstrated need for heightened security due to the nature of the uses surrounded by the fence, based upon such circumstances as excessive criminal or theft activity and the like." As City Council is aware, the SUP process begins as an administrative review and approval. The process triggers City Council review under three (3) scenarios: 1) a written objection is received during the public noticing period; 2) the Community Development Director (CDD) recommends denial of said application; and 3) the CDD recommends conditions of approval, to which the applicant objects and wishes to appeal said objection the City Council. RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: "I move to approve Council Bill No. 16-2018, an ordinance amending Chapter 26 ofthe Code of Laws concerning electrified fences, on second reading and that it take effect immediately upon adoption, as permitted by Section 5.11 ofthe Charter." Council Action Form - Electrified Fence Code Ordinance June 25, 2018 Page 3 Or, "I move to postpone indefinitely Council Bill No. 16-2018 an ordinance amending Chapter 26 of the Code of Laws concerning electrified fences, for the following reason(s): 5, REPORT PREPARED/REVIEWED BY: Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 16-2018 2. Planning Commission meeting minutes CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER MATHEWS COUNCIL BILL NO. 1§ ORDINANCE NO. Series 2018 TITLE:AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING ELECTRICALLY CHARGED FENCES 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 City Council has previously adopted Chapter 26 of the Wheat Ridge Code of Laws (the "Code") entitled zoning and development; and WHEREAS, the City Council wishes to amend said Chapter 26 to provide for the regulation of electrically charged fences as a special use in certain zone districts and under specific conditions to ensure the safety and security of property owners and the general public. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-123 of the Code is amended by the addition of the following definition to be placed in the appropriate alphabetical order: Electrically charged fence. A fence not exceeding 9 feet in height which is constructed for the purpose of carrying and supporting wires which are electrically charged so as to deter unauthorized persons from climbing on or over such fence, which fence shall be erected in association with other perimeter fencing, and which may be permitted only as a special use under section 26-114 where necessitated by a demonstrated need for heightened security due to the nature of the use surrounded by the fence, based upon such circumstances as excessive criminal or theft activity and the like. Section 2. Section 26-114 (special uses) of the Code, subsection B (Applicability) is amended to read as follows: B. Applicability. The requirements of this subsection shall apply to all uses listed as "special uses" within the provisions set forth for any particular zone district. REVIEW OF A SPECIAL USE APPLICATION FOR AN ELECTRICALLY CHARGED FENCE IS PERMITTED IN THE ZONE DISTRICTS LISTED IN ATTACHMENT 1 ARTICLE 2 OF THIS CHAPTER, AND IN ADDITION THERETO, THE PLANNED COMMERCIAL DISTRICT (PCD) AND THE PLANNED INDUSTRIAL DISTRICT (PID). Section 3. Section 26-204 of the Code is amended by including "electrically charged fence" within the Table of Uses-Commercial and Industrial Districts, to permit such use as a special use (S) in the C-1, C-2 and I-E zone districts. Section 4. Section 26-313 of the Code, concerning Planned Commercial Development (PCD) district regulations, is amended by the addition of a new subsection J, to read as follows: J. "In addition to other uses permitted in the PCD district, electrically charged fences are permitted as special uses upon approval of a special use permit under Section 26-114." Section 5. Section 26-314 of the Code, Planned Industrial Development (PID), is amended by the addition of a new subsection I to read as follows: 1. "In addition to other uses permitted in the PID district, electrically charged fences are permitted as special uses upon approval of a special use permit under Section 26-114." Section 6. Section 26-603 of the Code is amended by the addition of a new subsection J, to read: J. "Notwithstanding this section, an electrically charged fence, if approved as a special use pursuant to section 26-114, may be constructed to a maximum height of 9 feet." Section 7. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 8. Effective Date. This Ordinance shall take effect upon adoption, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 1 on this 11th day of June, 2018, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for June 25, 2018 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of ,2018. SIGNED by the Mayor on this day of ,2018. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: June 14, 2018 Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www. ci.wheatridge.co.us City of Item 2.1-WheatRilge- COMMUNITY DEVELOPMENT Memorandum TO: FROM: THROUGH: DATE: SUBJECT: Mayor and City Council Kenneth Johnstone, Community Development Director Patrick Goff, City Manager May 15, 2018 (for May 21 Study Session) Electrically Charged Fences - Special Use Permit Ordinance ISSUE: The City recently received a request to install an electrically charged fence around the perimeter of the Ketelsen Camper sales facility off Kipling and the I-70 South Frontage Road. A similar request had been initiated in 2014. Historically, the City has determined such fences to be prohibited in the City based on a finding that they represent "a hazard to the health or safety of any person." Council requested discussion of the topic and an initial discussion occurred at the May 7, 2018 Study Session. PRIOR ACTIONS: The consensus direction from Council at the May 7 study session was for staff to draft an ordinance that would allow such fences to be permitted in certain parts of the City upon review and approval of a special use permit (SUP). FINANCIAL IMPACT: There would be minimal direct financial impact to the City, other than the fees and use tax associated with building permits for said fences. Private property owners may see financial benefit in the form of reduced property theft and vandalism. BACKGROUND: As stated above, historically, staff has interpreted electric fences to be a prohibited fence type. Chapter 26-603 of the Code defines various types of permitted fences, including: masonry walls, ornamental iron, woven wire and chain link (with some limitations), wood, hedges, and barbed wire (with some limitations). The code also defines fence types prohibited: "any fence, if in the opinion ofthe chiefbuilding inspector, public works director or chief ofpolice that would constitute a hazard to the health or safety of any person." Based on this language, electric fences have been treated as a prohibited fence type. In the May 7, 2018 staff memo, staffprovided some anecdotal information as to how other jurisdictions address electrified fences. While many jurisdictions choose to prohibit these fences entirely, several also allow them, though generally in limited locations. As directed at the study . 1 session, the City Attorney has drafted an ordinance amending Chapter 26 of the Code to allow electrically charged fences, at a maximum height of 9 feet, through review and approval of a special use permit application. Staff felt it would be appropriate to somewhat limit the scope of where such fences could be installed in the City. The special use permit review process in itself is limiting. Each such application needs to be evaluated relative to the extent which said application is consistent with the nine (9) criteria for review found in Section 26-114. Further, we have proposed that they be allowed only in the following zone districts: Commercial-One, Commercial-Two, Industrial/Employment, Planned Commercial and Planned Industrial. In defining "electrically charged fences," staff s draft language also suggests such fences are permitted "where necessitated by a demonstrated need for heightened security due to the nature of the use surrounded by the fence, based upon such circumstances as excessive criminal or theft activity and the like." RECOMMENDATIONS: Staff is requesting consensus direction from City Council on the draft ordinance regarding electrically charged fences. If Council so directs, a 1St reading on the ordinance could be scheduled for June 11, a Planning Commission public hearing could be conducted on June 21 and a City Council public hearing could be conducted on June 25,2018. ATTACHMENTS: 1. Draft Ordinance CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. ORDINANCE NO. Series 2018 TITLE:AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING ELECTRICALLY CHARGED FENCES 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 City Council has previously adopted Chapter 26 of the Wheat Ridge Code of Laws (the "Code") entitled zoning and development; and WHEREAS, the City Council wishes to amend said Chapter 26 to provide for the regulation of electrically charged fences as a special use in certain zone districts and under specific conditions to ensure the safety and security of property owners and the general public. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-123 of the Code is amended by the addition of the following definition to be placed in the appropriate alphabetical order: Electrically charged fence. A fence not exceeding 9 feet in height which is constructed for the purpose of carrying and supporting wires which are electrically charged so as to deter unauthorized persons from climbing on or over such fence, which fence shall be erected in association with other perimeter fencing, and which may be permitted only as a special use under section 26-114 where necessitated by a demonstrated need for heightened security due to the nature of the use surrounded by the fence, based upon such circumstances as excessive criminal or theft activity and the like. Section 2. Section 26-114 (special uses) of the Code, subsection B (Applicability) is amended to read as follows: B. Applicability. The requirements of this subsection shall apply to all uses listed as "special uses" within the provisions set forth for any particular zone district. REVIEW OF A SPECIAL USE APPLICATION FOR AN ELECTRICALLY CHARGED FENCE IS PERMITTED IN THE ZONE DISTRICTS LISTED IN ARTICLE 2 OF THIS CHAPTER, AND IN ADDITION THERETO, THE PLANNED ATTACHMENT 1 COMMERCIAL DISTRICT (PCD) AND THE PLANNED INDUSTRIAL DISTRICT (PID). Section 3. Section 26-204 of the Code is amended by including "electrically charged fence" within the Table of Uses-Commercial and Industrial Districts, to permit such use as a special use (S) in the C-1, C-2 and I-E zone districts. Section 4. Section 26-313 of the Code, concerning Planned Commercial Development (PCD) district regulations, is amended by the addition of a new subsection J, to read as follows: J. "In addition to other uses permitted in the PCD district, electrically charged fences are permitted as special uses upon approval of a special use permit under Section 26-114." Section 5. Section 26-314 of the Code, Planned Industrial Development (PID), is amended by the addition of a new subsection I to read as follows: 1. "In addition to other uses permitted in the PID district, electrically charged fences are permitted as special uses upon approval of a special use permit under Section 26-114." Section 6. Section 26-603 of the Code is amended by the addition of a new subsection J, to read: J. "Notwithstanding this section, an electrically charged fence, if approved as a special use pursuant to section 26-114, may be constructed to a maximum height of 9 feet." Section 7. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 8. Effective Date. This Ordinance shall take effect upon adoption, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of ,2018, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for ,2018 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of ,2018. SIGNED by the Mayor on this day of ,2018. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us Wheat Ridge Police 7500 W. 29th Ave. Wheat Ridge CO.80033 WHEAT RIDGE POLICE DEPARTMENT INCLUSIVE CASE REPORT Case Number 201800686 Printed 03/09/2018 Page 1 of 8 Report Title 18-4-503 SECOND DEGREE CRIMINAL TRESPASS Report Date/Time 1/20/2018 2:42:14 PM Occurred On or Between Date/Time 1/6/2018 -1/20/2018 8:30:00 AM Incident Location 9870 W I70 FRONTAGE RD S Apt City WHEAT RIDGE State CO Name/Business KETELSON CAMPERS Case Clearance Case Clearance Date Offense Offense Code 18-4-503 Offense CRIM TRESPASS 2ND CSA COMPLETED Location AUTO DEALERSHIP NEW/USED Offense Clearance OPEN Offense Code 18-4-501 Offense CRIM MISCHIEF/DAMAGE PROP CSA COMPLETED Location AUTO DEALERSHIP NEW/USED Offense Clearance OPEN Offense Code 18-4-401 Offense THFT/FRAUD/EMBEZZ CSA COMPLETED Location AUTO DEALERSHIP NEW/USED Offense Clearance OPEN Person Person Type VICTIM Name Type LEGAL Last CYPHER First HOLLY M iddle ANN Address Type HOME Address U: 7480 GREENWOOD BLVD Apartment C ity DENVER State COLORADO Zip 80221 Phone (720)495-8137 Address Type HOME Address U: 2100 W 100TH AVE Apartment 325 City THORNTON State COLORADO Zip 80260 Phone Address Type WORK Address U: 7995 DAHLIA Apartment City HENDERSON State COLORADO Zip Phone(303)981-5300 Address Type CELLULAR Address Apartment City State Zip Phone (720)495-8137 DOB 11/13/1963 Ageat Incident 54 Sex FEMALE RaceWHITE Height 506 Weight 190 Hair Color BLOND OR STRAWBERRY Eye Color GREEN Driver License 921014285 State COLORADO Reporting Omcer M MCKEWEN Report Date 1/20/2018 Supervisor Review B DAWKINS Review Date 1/20/2018 Date Printed 3/9/2018 Time Printed 13:40:28 Page 1 of 8 - e 11 9 - I 2,0 1L Wheat Ridge Po,ce 7500 W. 29th Ave. Wheat Ridge CO.80033 WHEAT RIDGE POLICE DEPARTMENT INCLUSIVE CASE REPORT Case Number 201800686 Printed 03/09/2018 Page 2 of 8 Person Type VICTIM Name Type LEGAL Last WILLIAMS Middle ALLENFirst RONALD Address Type HOME Address U: 5724 W 71ST AVE Apartment City ARVADA State COLORADO Zip 80003 Phone (720)278-8943 Address Type WORK Address Apartment City State Zip Phone Address Type CELLULAR Address Apartment City State Zip Phone(303)371-0566 DOB 8/1/1954 Age at Incident 63 Sex MALE RaceWHITE Height Weight _ Hair Color Eye Color Driver License State Person Type ADDITIONAL PERSON Name Type LEGAL Last KRUSE First JAMES Middle Address Type WORK Address 9870 W I70 FRONTAGE RD S Apartment City WHEAT RIDGE State COLORADO Zip 80033 Phone Address Type CELLULAR Address Apartment City State Zip Phone (303)564-5917 DOB Age at Incident Sex MALE Race Height Weight _ Hair Color Eye Color Driver License State Person Type ADDITIONAL PERSON Name Type LEGAL Last TARANTINO First DEAN Address Type WORK Address 9870 W I70 FRONTAGE RD S City WHEAT RIDGE State COLORADO Zip 80033 DOB 12/28/1971 Neat Incident 46 Sex MALE RaceWHITE Hair Color Eye Color Driver License Middle JOSEPH Apartment Phone (720)276-9883 Height Weight _ State Reporting Officer M MCKEWEN Report Date 1/20/2018 Supervisor Review B DAWKINS Review Date 1/20/2018 Date Printed 3/9/2018 Time Printed 13:40:28 Page 2 of 8 . . 1 Vehicle Wheat Ridge Police 7500 W. 29th Ave. Wheat Ridge CO.80033 WHEAT RIDGE POLICE DEPARTMENT INCLUSIVE CASE REPORT Case Number 201800686 Printed 03/09/2018 Page 3 of 8 Veh No 1 Type TRAILER Top Color Bottom Color Style Make Model License 68 OUYQ State CO Year 2015 Expires VIN 4EZTA2025F411840 NCIC CCIC Involvement Desc Veh No 2 Type TRAILER Top Color Bottom Color Style Make Model License 70 8RYZ State CO Year 2017 Expires V1N 4X4FPUF23HP062964 NCIC CCIC Involvement Desc Veh No 3 Type TRAILER Top Color Bottom Color Style Make Model License IZQ093 State CO Year 2016 Expires vIN4EZFS3222G5087674 NCIC CCIC Involvement Desc Veh No 4 Type TRAILER Top Color Bottom Color Style Make Model License OMPO 9 8 State CO Year 2017 Expires vIN 1UJCJ0BN0H1P60132 NCIC CCIC Involvement Desc Veh No 5 Type RV Make MOTORHOME Model VIN 4EZTA1819H4077580 Involvement Desc Top Color WHITE License 254GQQ NCIC Bottom Color WHITE Style State CO Year 2017 Expires CCIC Veh No 6 Type TRAILER Top Color Bottom Color Style Make Model License DOL675 State CO Year 2008 Expires VIN 1SATS02K182JD1708 NCIC CCIC Involvement Desc Veh No 7 Type TRAILER Top Color SILVER Bottom Color SILVER Style Make Model License 37 5HWF State KS Year 2016 Expires vIN 1NL1GTH28G112 0666 NCIC CCIC Involvement Desc Reporting Officer M MCKEWEN Report Date 1/2 0/2018 Supervisor Review B DAWKINS Review Date 1/20/2018 Date Printed 3/9/2018 Time Printed 13:40:28 Page 3 cf 8 Wheat Ridge Police 7500 W 29th Ave. Wheat Ridge CO.80033 WHEAT RIDGE POLICE DEPARTMENT INCLUSIVE CASE REPORT Case Number 201800686 Printed 03/09/2018 Page 4 of 8 Veh No 8 Type TRAILER Top Color Bottom Color Style Make Model License 642QSJ State CO Year 2014 Expires VIN 56YTT162XEL314036 NCIC CCIC Involvement Desc Veh No 9 Type TRAILER Top Color Bottom Color Style Make Model License 325QZK State CO Year 2017 Expires VIN4EZTK1911H4111460 NCIC CCIC Involvement Desc Veh No 10 Type TRAILER Top Color Bottom Color Style Make Model License 6 96RQM State CO Year 2014 Expires V1N 4V0FC3839ER004395 NCIC CCIC Involvement Desc Veh No 11 Type AUTOMOBILE Make GENERAL Model VIN 1GT12REG6HF13135 Involvement Desc Top Color WHITE License OUC109 NCIC Bottom Color WHITE Style PICKUP State CO Year 2017 Expires CCIC Veh No 12 Type AUTOMOBILE Top Color RED Bottom Color RED Style PI CKUP Make FORD Model License 51852RS State CO Year 1999 Expires VIN 1FTWW33FSXED44737 NCIC CCIC Involvement Desc Veh No 13 Type TRAILER Top Color Bottom Color Style Make Model License 275GQD State CO Year 2014 Expires V1N 4V0TC3227EB022955 NCIC CCIC Involvement Desc Narrative/Summary Narrative - IR Attachments : Evidence Report (Items 001-007) Damaged Property Value:Value: 1: 708RYZ: damaged door and frame (Officer Estimate)$300.00 2: 275GQD: damaged door and frame (Officer Estimate)$300.00 Total value damaged:$600.00 Text: On 01/20/18 at approximately 1216 hours I was dispatched to Kettleson Campers, located at 9870 I70 Frontage Rd S., on a report of a criminal trespass. Dispatch Reporting Officer M MCKEWEN Report Date 1/20/2018 Supervisor Review B DAWKINS Review Date 1/20/2018 Date Printed 3/9/2018 Time Printed 13:40:28 Page 4 of 8 r Wheat Ridge Police 7500 W. 29th Ave. p Wheat Ridge CO.80033 WHEAT RIDGE POLICE DEPARTMENT INCLUSIVE CASE REPORT Case Number 201800686 Printed 03/09/2018 Page 5 of 8 advised that unknown persons had broken into several campers stored on the lot. I arrived on scene at approximately 1227 hours and was approached by a female who identified herself as Holly Cypher. Holly stated her camper, bearing Colorado license plate 680UYQ, had been at Kettleson for repairs since 10/25/17. Approximately two or three weeks prior to my contacting her, Holly had come to pick up her camper, but found the repairs unsatisfactory. Holly could not give me an exact date for this. At that time nothing was missing from the camper. On 01/20/17 Holly again arrived at Kettleson to retrieve her camper. She discovered that the door to her camper was unlocked. Upon entering the camper, she discovered that several power tools were missing from the camper. Holly was unsure of what exactly was missing or the values of the missing items. I asked Holly to make a list of the missing items, including their values and any serial numbers, and bring that list to the Wheat Ridge PD as soon as possible. Also in the camper were a box of matches and a red and grey blanket that did not belong to Holly. The box of matches was located on the floor of the camper just to the left of the door. The blanket was located in a bench seat next to the kitchen table. Additionally, Holly had located an empty coffee cup in an exterior compartment of the trailer. I took the coffee cup, the matches, and the blanket and later booked the items into evidence. I also took photos of the exterior and interior of the camper. I observed no obvious damage to the camper's door or door locks. I released the camper to Holly on scene. I then spoke to Kettelson service director Dean Tarintino and Kettleson general manager Don Secord. They stated that at approximately 0830 hours on 01/20/18 another employee, whom they identified as James Kruse, had located a hole cut in the west fence of the yard. James had left for the day prior to my arrival. The hole faces an empty field just west of Kettleson Campers and south of the Super 8 Motel, located at 4700 Kipling St. Don and Dean stated that the hole in the fence had not been present two weeks previously, but they were unsure if it had been cut more recently. Dean later stated he believed the hole to have been cut on the night of 01/19/18. Dean stated that there are no security cameras in the Kettleson yard. Dean took me to the hole in the fence. I observed that there is a large open field on the west side of the fence. There were several trees and bushes between the hole and the street. The Super 8 Motel's parking lot is separated from the Kettleson lot and the empty field by a chain link fence and a wooden fence, making it almost impossible to see the Kettleson yard or the field from the Super 8. Dean stated that all of the campers that had been broken into were "service units," or campers that had been brought into Kettleson for repairs. None of the Reporting Omcer M MCKEWEN Report Date 1/20/2018 Supervisor Review B DAWKINS Review Date 1/20/2018 Date Printed 3/9/2018 Time Printed 13:40:28 Page 5 of 8 1 L L Wheat Ridge PoNce 7500 W. 29th Ave. ' Wheat Ridge CO.80033 WHEAT RIDGE POLICE DEPARTMENT INCLUSIVE CASE REPORT Case Number 201800686 Printed 03/09/2018 Page 6 of 8 owners of these units were on scene. Dean stated that most of the campers share a "master key" that will unlock the door to multiple campers. Dean stated that the keys are avaible for purchase on the internet. Dean and I then waked through the Kettelson lot and observed the following trailers had been entered or damaged (all license plates are Colorado unless noted): 708RYZ - Pry marks on the main door; the exterior hatches were open, but it is unknown if anything was missing. IZQ093 - Exterior hatches open. Unknown if anything was missing. No obvious damage observed. OMP098 - Main door open. Interior cabinets open. Unknown if anything missing. No obvious damage observed. 254GQQ - Main door open. Interior cabinets open. Unknown if anything missing. No obvious damage observed. D0L675 - Main door open. Interior cabinets open. Unknown if anything missing. No obvious damage observed. 375HWF (KS) - Main door open. Interior cabinets open. Unknown if anything missing. No obvious damage observed. 642QSJ - Main door open. Interior cabinets open. Unknown if anything missing. No obvious damage observed. 325QZK - Main door open. Interior cabinets open. Unknown if anything missing. No obvious damage observed. 696RQM - Main door open. Interior cabinets open. Unknown if anything missing. No obvious damage observed. OUC109 - Main door open. Exterior cabinets open. Interior cabinets open. Unknown if anything missing. No obvious damage observed. 51852RS - Main door open. Exterior cabinets open. Interior cabinets open. Unknown if anything missing. No obvious damage observed. I photographed the license plates, interiors, and exterior cabinets (if found open) of each of these trailers. I later booked these photos into evidence. I asked Dean if he could compile a list of the owners of the above listed campers, as well as their addresses and phone numbers. Dean stated it would take some time, but he would do so. I asked Dean to bring it to the Wheat Ridge PD to be added to this report once it was ready. I also asked Dean to make a supplemental report if any other campers were determined to be missing. At approximately 1600 hours I was dispatched back to Kettleson Campers on a supplemental report. I contacted Dean again, who stated that he had located another camper that had pry marks on the door. Inside this camper he had located a pry bar, which he believes matches the pry marks on the door. He showed me the camper, bearing Colorado license plate 275GQD. I observed pry marks on the door of the camper. I entered the camper and observed the pry bar on a table to the left of the door. I photographed the pry marks, the pry bar, and the interior of the camper. I later booked these photos into evidence. Reporting Officer M MCICEWEN Report Date 1/20/2018 Supervisor Review B DAWKINS Review Date 1/20/ 2018 Date Printed 3/9/2018 Time Printed 13:40:28 Page 6 of 8 4 I Wheat Ridge Police 7500 W. 29th Ave. Wheat Ridge CO.80033 WHEAT RIDGE POLICE DEPARTMENT INCLUSIVE CASE REPORT Case Number 201800686 Printed 03/09/2018 Page 7 of 8 found what I believed to be a latent print on the pry bar next to the label on the pry bar. I attempted to lift the print and later booked that latent print and the pry bar into evidence. While on scene the second time, Don stated he had located a small, extendable, magnetic "wand" on the ground of the lot. He believed it to be out of place and gave it to me. I later booked it into evidence. Case open pending further information. Officer M. McKewen 16-4 Narrative - Supplemental 1 Items Damaged:Amount Items Damaged: 1) Front Door Latch $250.00 2) Outer Compartment Door $50.00 Total Amount Items Damaged:$300.00 Vehicle: 2017 KZRV (CO License 254GQQ) (VIN 4EZTA1819H4077580) Text: On 01/25/2018 at approximately 1400 hours I was dispatched to 9870 W. I70 Frontage Rd S (Kettleson Campers) regarding an assist. Dispatched advised the male needs an officer to stand by while he goes through his vehicle. Upon arrival I met with Ronald Williams who is the owner of a 2017 KZRV. Ronald advised me his RV was broken into, and advised me he was told to have an officer respond out to look inside it. Ronald told me he had already been given a case number (18-686). Ronald told me he was upset with Kettleson Campers as his RV was parked in the southeast corner of their secured lot, and was supposed to be getting worked on. Ronald told me he has already gone through his camper days before, and noticed several issues with it. Ronald told me when he opened the door to the RV he immediately noticed the latch was broken. As he entered he told me he observed blankets covering every window, which was held up by thumb tacks. Ronald said he noticed there was also an immense amount of trash, and miscellaneous tools. Ronald opened the bathroom door, and said he observed urine stains near the toilet. One of the staff members brought the RV to the front as I was talking with Ronald. I asked Ronald to remain outside while I looked inside the RV. I observed several articles of trash, miscellaneous blankets, numerous tools, and a cd collection. I then went through all of the items but was unable to find anything that would be of evidentiary value. Ronald told me he was unable to determine if any of his items were missing as it was a complete mess. Ronald looked at the exterior of his RV, and noticed one of the compartment latches was broken. Ronald told me he already advised insurance of the incident, and he was going to keep it at Kettleson Campers to do the rest of the repairs. Case forwarded to investigations. Dillemuth 15-7 Reporting Officer M MCKEWEN Report Date 1/20/2018 Supervisor Review B DAWKINS Review Date 1/20/2018 Date Printed 3/9/2018 Time Printed 13:40:28 Page 7 of 8 Wheat Ridge Police 7500 W. 29th Ave. p Wheat Ridge CO.80033 WHEAT RIDGE POLICE DEPARTMENT INCLUSIVE CASE REPORT Case Number 201800686 Printed 03/09/2018 Page 8 of 8 Reporting Officer M MCKEWEN Report Date 1/20/2018 Supervisor Review B DAWKINS Review Date 1/20/2018 Date Printed 3/9/2018 Time Printed 13:40:28 Page 8 of 8 Wheat Ridge Poke 7500W. 29th Ave. Wheat Ridge CO.80033 WHEAT RIDGE POLICE DEPARTMENT INCLUSIVE CASE REPORT Case Number 201800744 Printed 03/09/2018 Page 1 of 7 Report Title 18 -4-409 AGGRAVATED MOTOR VEHICLE THEFT Report Date/Time 1/22/2018 2:40:04 PM Occurred Onor Between Date/Time 1/20/2018 6:00:00 PM -1/22/2018 7:00:00 AM Incident Location 9870 W I70 FRONTAGE RD S Apt City WHEAT RIDGE State CO Name/Business KETELSON CAMPERS Case Clearance Case Clearance Date Offense Offense Code 18-4-409 Offense AGG MV THEFT CSA COMPLETED Location PARKING LOT/GARAGE Offense Clearance OPEN Offense Code 18-4-103 Offense ARSON 2ND CSA COMPLETED Location PARKING LOT/GARAGE Offense Clearance OPEN Offense Code 18-4-502 Offense CRIM TRESPASS 1ST CSA COMPLETED Location PARKING LOT/GARAGE Offense Clearance OPEN Person Person Type VICTIM Name Type LEGAL Last BLUBAUGH First VANESSA Middle Address Type HOME Address U: 66 67 LEE STREET Apartment City ARVADA State COLORADO Zip 80004 Phone (303)472-1469 DOB Age at Incident Sex FEMALE Race UNKNOWN Height Weight _ Hair Color Eye Color Driver License State Person Type VICTIM Name Type LEGAL Last KETELSEN CAMPERS First Middle Address Type BUSINESS Address 9870 W I70 FRONTAGE ROAD S Apartment CityWHEAT RIDGE State COLORADO Zip 80033 Phone (303)431-2211 DOB Age at Incident Sex Race Height Weight _ Hair Color Eye Color Driver License State Reporting Officer C CHAUNCEY Report Date 1/22 /2018 Supervisor Review J LIMA Review Date 1/23/2018 Date Printed 3/9/2018 Time Printed 13:39:40 Page 1 of 7 . &41%Wheat Ridge Police 7500 W 29th Ave. Wheat Ridge CO.80033 WHEAT RIDGE POLICE DEPARTMENT INCLUSIVE CASE REPORT Case Number 201800744 Printed 03/09/2018 Page 2 of 7 Person Type WITNESS Name Type LEGAL Address Type HOME City CENTENNIAL Last FINN First JAMES Address U: 18782 E PRENTICE DR State COLORADO Zip 80015 Middle MATHEW Apartment Phone (720)870-5044 Address Type WORK Address 9870 W I70 FRONTAGE RD S Apartment City WHEAT RIDGE State COLORADO Zip 80033 Phone (303)431-2211 DOB2/5/1970 Age at Incident 47 Sex MALE RaceWHITE Height Weight _ Hair Color Eye Color Driver License State Person Type WITNESS Name Type LEGAL Last SECORD Address Type HOME Address 9190 IRONWOOD WAY City HIGHLANDS RANCH State COLORADO First DON Zip 80216 Middle JOSEPH Apartment Phone (303)470-6256 Address Type WORK Address 9870 W I70 FRONTAGE RD S Apartment City WHEAT RIDGE State COLORADO Zip 80033 Phone (303)435-8760 Address Type WORK Address Apartment City WHEAT RIDGE State COLORADO Zip Phone (303)431-2211 Address Type BUS INESS Address 9870 W I70 SERVICE ROAD S Apartment City WHEAT RIDGE State COLORADO Zip 80033 Phone (303)431-2211 Address Type CELLULAR Address Apartment City State Zip Phone (303)435-8760 DOB 12/19/1970 Ageat Incident 47 Sex MALE RaceWHITE Height Weight _ Hair Color Eye Coiur Driver Lice,ise 922094133 State COLORADO Vehicle Veh No 1 Type RV Top Color TAN Bottom Color TAN Style Make MOTORHO>IE Model MOTORHOME License State Year 2018 Expires VIN 1FDX4EFS9HDC35206 NCIC CCIC Involvement Desc Veh No 2 Type RV Top Color TAN Bottom Color TAN Style Make MOTORHOME Model MOTORHOME License State Year 2018 Expires VIN 1FDXE4FS2HDC51165 NCIC CCIC Involvement Desc Reporting Officer C CHAUNCEY Report Date 1/22/2018 Supervisor Review J LIMA Review Date 1/23/2018 Date Printed 3/9/2018 Time Printed 13:39:40 Page 2 of 7 Wheat Ridge Police 7500 W. 29th Ave. Wheat Ridge CO.80033 WHEAT RIDGE POLICE DEPARTMENT INCLUSIVE CASE REPORT Case Number 201800744 Printed 03/09/2018 Page 3 of 7 Veh No 3 Type RV Top Color TAN Bottom Color TAN Style Make CAMPING Model License State Year 2017 Expires viN4EZT13223H8088368 NCIC CCIC Involvement Desc Narrative/Summary Narrative - IR ATTACHMENTS: Evidence Sheet items 001 - 018 Copy of work order for the Venture Sport Trek Copy of inventory sheet for 2018 Chateau 31E Copy of inventory sheet for 2018 Chateau 31W STOLEN MOTOR HOME:2018 Thor Chateau Model 31W (Vin lists to 2017 Chateau) No plates VIN/1FDXE4FS2HDC51165 $115,099.00 CIC/119696494 NCIC/V180033409 DAMAGED MOTOR HOME: 2018 Thor Chateau Model 31E $20.000.00 Burnt seats, damaged ignition, melted vinyl flooring DAMAGED TRAILER:Venture Sport trek Model 320VIK (damage to doors)$500.00 Stolen keys $10.00 2 Sesamee Resettable keyless padlocks (model KCR0436) $80.00 Total $135,689.00 TEXT: On Monday, January 22, 2018 I responded to Ketelsen Campers, 9870 W/ I-70 Service Road South on a trespass to several campers. Upon arrival I contacted Don Secord, the general manager. Don reported the following: On Saturday 01-20-18 an officer responded due to other break-ins. WRPD 18-686. Over the weekend, someone entered two campers and tried to set one on fire. The truck they normally park at the front entrance so that no one can enter has been moved. Reporting Officer C CHAUNCEY Report Date 1/22/2018 Supervisor Review J LIMA Review Date 1/23/2018 Date Printed 3/9/2018 Time Printed 13:39:40 Page 3 Of 7 4 I Wheat Ridge Police 7500 W. 29th Ave. Wheat Ridge CO. 80033 WHEAT RIDGE POLICE DEPARTMENT INCLUSIVE CASE REPORT Case Number 201800744 Printed 03/09/2018 Page 4 of 7 The lock for the chain that blocks the entrance had also been cut. Don and another employee, James Finn showed me around. noticed a Red truck parked at the entrance to the business had been moved. It appeared that it had been pushed out of the way so that another vehicle could enter or exit. Don pointed out shoe prints in the snow under the truck. I photographed the movement of the truck as well as the shoe prints.There were also tire prints in the snow near the bushes that Don stated did not belong to anyone at the business. I was shown a 2018 Chateau motor home that was parked on the northeast side of the business. Don and James stated someone tried to set this vehicle on fire. I noticed the following: The bench seat as you enter the unit was burnt. There was a tan blanket on the bench that had obviously been burnt. There were burn marks / melted blanket on the floor next to the bench. There was a purple REI sleeping bag on another bench at the kitchen table. This had also been burnt with burn marks on the bench seat and floor. There were a pair of wet black gloves on the back of the bench near the door. Don stated they did not belong to anyone at the business. There were two blue bottles of propane on the other bench seat at the table that did not belong inside the unit The steering column had been damaged as if someone was trying to start the unit. There was a small graY tool on the driver's seat. There was a mattress pad/bed spread on the bed that had been removed and burnt. The flooring next to the kitchen sink was melted and burnt. Someone had urinated in the bathroom toilet. The seat was in the down position. I collected the burnt blanket, the gray tool and the black gloves from this unit. I photographed the damage. There were several shoe prints throughout the property that James stated he noticed this morning at approximately 0700 hours when he arrived at work.He also noticed single tire tracks in the snow which led to an empty wagon. The wagon was located on the east side of the property. He then began to follow the shoe prints throughout the property to a trailer that had been broken into. I photographed the prints in the snow and collected DNA from the wagon handle. James also mentioned the service gate which is normally closed was partially open when he arrived this morning.The lock had been cut or removed from the gate. James showed me a shed on the property that is used to store cleaning supplies. On one of the carts were a set of "master keys". The keys are missing. It is Reporting Officer C CHAUNCEY Report Date 1/22/2018 Supervisor Review J LIMA Review Date 1/23/2018 Date Printed 3/9/2018 Time Printed 13:39:40 Page 4 Of 7 6 4 4 Wheat Ridge Police 7500 W 29th Ave. Wheat Ridge CO.80033 WHEAT RIDGE POLICE DEPARTMENT INCLUSIVE CASE REPORT Case Number 201800744 Printed 03/09/2018 Page 50f7 believed the same persons who entered the property also entered the shed due to foot prints in the snow leading to the shed. I was led to a 2017 Venture SportTrek camper. This camper is parked on the far south west side of the business. James pointed out pry marks on both doors. Entry had been gained through the bathroom entrance. James also pointed out that the sliders to the camper had also been pushed out.I noticed and collected the following: The bathroom exterior door had been pried open. Someone had obviously gone through the camper due to numerous items on the floor. It appeared that someone had also eaten inside the unit due to food wrappers and Gatorade bottles on the floor and furniture.These were collected. I noticed several cigarette butts on the floor and on the kitchen counter. These were collected. It appeared as if someone had slept in the master bed. The blankets were messed up and there was a used piece of paper towel on the bed. It is unknown what the paper towel had been used for however it appeared to have a dried substance on it. The paper towel was collected. I noticed several tools on the floor to include an axe. All cabinet doors had been opened. DNA swabs were collected. It should be noted that the shoe prints (possibly two different prints) went between several campers and though out most of the property.No other campers were damaged and there were no noticed shoe prints leading to any other campers. Prior to leaving, Don approached me and reported they are missing a 2018 Chateau motorhome. The motorhome was inside a locked garage and the keys were left inside. Don also told me he located a single glove that did not belong to anyone at the business. I collected the glove and the motorhome was entered as a stolen vehicle.I did not see any pry marks on any of the doors to the locked garage. Don stated all garage door openers were accounted for. I later left a message for Vanessa Bluebaugh, the listed owner of the Venture SportTrek. I received a call from a male stating he was Vanessa's husband. He told me they normally keep a purple REI sleeping bag, a tan blanket and a collapsible wagon inside the trailer. Submitted by Officer C. Chauncey 99-15 Reporting Officer C CHAUNCEY Report Date 1/22/2018 Supervisor Review J LIMA Review Date 1/23/2018 Date Printed 3/9/2018 Time Printed 13:39:40 Page 5 of 7 1 6 4 7 Wheat Ridge Police 7500 W. 29th Ave. Wheat Ridge CO.80033 WHEAT RIDGE POLICE DEPARTMENT INCLUSIVE CASE REPORT Case Number 201800744 Printed 03/09/2018 Page 6 of 7 Narrative - Supplemental 1 On 23 January 2018 at 0734 hours, I confirmed the stolen status of a red 2017 Thor Motor home bearing VIN/1FDXE4FS2HD51165 as stolen to the Lakewood Police Department.They advised that Agent Mauck/1804 recovered the motor home at 11088 W Jewell Ave today at 0730 hours under CR C18003249.There were plates on the motor home that didn't belong to it.The keys are with the motor home and it is able to turn on.There are no suspects.The vehicle was towed by Ace Towing.The victim needed to call 303 9871 7111 to obtain release paperwork. WRPD Officer Chauncey notified the victim in person.Locates were received and the vehicle was cleared from CCIC/NCIC.Nothing further. Submitted by JKunz/15-le. Narrative - Supplemental 2 Attachments: Evidence Sheet (#019 - 020) (1 page) JCRCL Cover Letter (2 pages) JCRCL receipt (1 page) Text: On 021218 I responded to WRPD Evidence where I checked out of evidence WRPD item # 016: black gloves found in the 2018 Thor Chateau Model 31E motorhome which had been set afire after an apparent attempt to steal the vehicle. The black gloves (016) were a matching pair of gloves. I collected two DNA swabs from the inside of the right glove at approximately 1559 hours. I then collected two DNA swabs from the inside of the left glove at approximately 1601 hours. I wore nitrile gloves when I opened and removed the gloves from the paper bag they were booked in. I then changed out gloves and wore a new pair of nitrile gloves when I collected DNA swabs from inside of the right glove. I then changed out gloves and wore a new pair of nitrile gloves when I collected DNA swabs from inside of the left glove. The black gloves were placed back in the paper bag, resealed and returned to WRPD Evidence inventory. I submitted the DNA swabs collected from the black gloves to WRPD Evidence (items # 019 and 020). On 021318 I completed a JCRCL lab submission request for analysis of several DNA items including the two DNA swabs I collected from the black gloves. A supplemental report will be generated when additional information becomes available. P. McDaniel 06-7 Narrative - Supplemental 3 Attachments: Evidence Sheet (#021)(1 page) Lakewood PD Evidence Transfer Receipt (1 page) Lakewood PD case report # 18-3249 (5 pages) Reporting Officer C CHAIJNCEY Report Date 1/22/2018 Supervisor Review J LIMA Review Date 1/23/2018 Date Printed 3/9/2018 Time Printed 13:39:40 Page 6 of 7 Wheat Ridge Police 7500 W 29th Ave. p Wheat Ridge CO.80033 WHEAT RIDGE POLICE DEPARTMENT INCLUSIVE CASE REPORT Case Number 201800744 Printed 03/09/2018 Page 7 Of 7 JCRCL Cover Letter (1 page) JCRCL receipt (1 page) Text: On 022118 at approximately 1430 hours I responded to Lakewood Police Department where I met with Detective Mansanares who is the assigned detective to LPD case report 18-3249. Lakewood PD case report 18-3249 is in reference to the recovered stolen 2018 Thor Chateau Model 31W motor home (VIN/1FDXE4FS2HDC51165) which was originally stolen from Ketelson Campers on or around 012218. Detective Mansanares released Lakewood PD evidence item Cotton Swabs (Touch DNA) tc me. Those swabs were originally collected by LPD Agent Mauck who collected DNA swabs from the steering wheel and gear shift from the recovered stolen motor home. I took possession of the swabs at approximately 1437 hours. I transported the evidence items to WRPD where I booked them into WRPD Evidence (WRPD Evidence Item # 021) at approximately 1455 hours. A JCRCL lab submission was completed for DNA analysis of the swabs. A supplemental report will be generated when additional information becomes available. P. McDaniel 06-7 Reporting Omcer C CHAUNCEY Report Date 1/22/2018 Supervisor Review J LIMA Review Date 1/23/2018 Date Printed 3/9/2018 Time Printed 13:39:40 Page 7 Of 7 Nikki Huggins From: Sent: To: CC: Subject: Attachments: Nikki Huggins Thursday, March 22,2018 8:58 AM 'Larry Mathews'; 'Leah Dozeman' Michael Pate; Cindy Williams FW: Break In Saturday Night 3-16 IMG_7054.JPG; ATT00001.txt; IMG_7055.JPG; ATT00002.txt; IMG_7056.JPG; ATT00003.txt; IMG_7057.JPG; ATT00004.txt; IMG_7058.JPG; ATT00005.txt; IMG_7059.JPG; ATT00006.txt; I MG_7060.J PG; ATT00007.txt; I MG_7061.J PG; ATT00008.txt Good Morning, The site had another break-in over the weekend. I am forwarding you what Don sent me which includes pictures of the damage/vandalism. Also as you will see, PD did not dispatch and only took their statement overthe phone. Please let me know if you have any questions or there is anything else that you need from me Thank you for all that you are doing and your continued support. Kindly, Nikki Huggins Compliance Manager Electric Guard Dog, LLC 803-978-5828 nhuggins@electricguarddog.com electricguarddog.com Follow us: 9\ flo -----Original Message----- From: Don Secord [mailto:Don.Secord@ketelsen.com] Sent: Wednesday, March 21, 2018 5:46 PM To: Nikki Huggins <NHuggins@ELECTRICGUARDDOG.com> Subject: Break In Saturday Night 3-16 Hello Nikki- Attached are photos of a customer unit that was broken into and ransacked. I thought this information would be helpful both for our file and for the city of Wheat Ridge as evidence. By the way, Wheat Ridge didn't send an officer-they just wanted to do a "phone report". 1 NOTE: The information in this email is confidential and may be legally privileged. If you are not the intended recipient, we request that you (i) not read, use or disseminate the information, (ii) advise the sender immediately by reply email and (iii) delete this message and any attachments without retaining a copy. Although this email and any attachments are believed to be free of any virus or other defect that may affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by FreedomRoads, LLC or any of its affiliates for any loss or damage arising in any way from its use. 2 t t 8 TIRE AND LOADING INFORMATION RENSEIGNEMENTS SUR LES PNEUS ET LE CHARGEMENT 1 The weight of cargo should never exceed 583kgor 1287 lbs. g Le poids liu chargement ne doit jamais *asser 583|401 1287|b. 2 TIRE SIZE COLD'TIREl'Ht*JU#ft SEE OWNEWS ) El PNEU DIMENSIONS l PNEUS A FROmPRESSION DES MANUAL FOR I CO FRONT ADDmONAL 1 Ki AVANT ST205/75R140 344 KPA/50 PSI INFORMATION I co REAR VOIR LE MANUEL | A ARRIERE ST205/75R 14C 344 KPA/50 PSI DE rUSAGER I % POUR PLUS DE 1 0SPARE ST205/75R 14C 344 KPA/50 PS; RENSEmNEMENISJ "'DE SECOURS URED BY/FABRIQUE PAR Lance Camper Mfg. Corp. GVWR/PNBV KG VIN/N/V DATE: 5700 2585 56¥TT1825GL318124 09/15 PRESS/COLD INFL SIZE/DIMENSION PRESS /GONFL FROID GAWR/PNBE KG TIRE/PNEU RIMS/JANTE PSULPC 2900 1315 FRONT/DEVANT ST205/75R 14C 14X553 50 344 2900 1315 REAR/ARRIERE ST205/75R 14C 14X55J 50 344 TYPE OF VEHICLE/TYPE DE VEHICLE.·TRAILER/CARAVANE)RiFORTTej-*II-*PPUCKBEEU-s. NESERACUOTOi--CEVERICOEF-CONFORDE-]CrDOTEEE-NOR70ETrtyBEWrETY STANDARDS AND STANDARDS PRESCRIBED \APPLICABLES. EN VERTU DU REGLEMENT SUR LA SEURITE DE NADIAN MOTOR VEHICLE SAFETY REGULATONS JN /VaCULES AUTOMOBLES DU CANADA ET DES ETATS UNIS EN zE DATE OF MANUFACTURE SHOWN ABOVE. VIGUEUR A LA DATE DE SA FABR]CATION CI-DESSUS IG CAPAC!1 Y:1287 LBS/583 KG ,*TH THE FRESH WATER TANKS FULL 33/ 169 KG HOT 423 LBS/192 KG) · GTE WATER TANKS EMPTY ASTE WATER TANKS FULL 747 LBS/341 KG CAPACITE DE CHARGEMENT 583 KG CALCULEE AVEC LES RESERVOIRS D'EAU DOUCE PLEINS (FROIDE 169 KG CHAUDE 192 KG) ET LES RESERVORS D'EAUX USEES WOES MASSE DES RESERVOIRS D'EAUX USEES PLEINS 341 KG f .0 i 1". R42 it 1 1 t. ..3.. 8 i J.-3. 70 t j& AC #44.;4 f L E17 3LVU'T%-=1 a . Ill"'al./I.ill ..1.- .49%1 . Nikki Huggins From:Don Secord <Don.Secord@ketelsen.com> Sent:Friday, March 23,2018 3:35 PM To:Nikki Huggins Subject:Additional Criminal Activity Importance:High Hello Nikki- We discovered a few units that appeared to have been broken into overnight with possible items stolen from exterior compartment areas. We filed a report with Wheat Ridge Police under case report number 18-02839. Don Secord General Manager 303-431-2211 Ext 230 don.secord@ketelsen.com Thursdays - out of office NOTE: The information in this email is confidential and may be legally privileged. If you are not the intended recipient, we request that you (i) not read, use or disseminate the information, (ii) advise the sender immediately by reply email and (iii) delete this message and any attachments without retaining a copy. Although this email and any attachments are believed to be free of any virus or other defect that may affect any computer system into which it is received and opened, it is the responsibility o f the recipient to ensure that it is virus free and no responsibility is accepted by FreedomRoads, LLC or any o f its affiliates for any loss or damage arising in any way from its use. 1 Nikki Huggins From: Sent: To: CC: Subject: Don Secord <Don.Secord@ketelsen.com> Thursday, April 5,2018 1:30 PM Nikki Huggins; Imathews@ci.wheatridge.co.us; pgoff@ci.wheatridge.co.us Dean Tarantino Additional Criminal Activity All- Last night Ketelsen Campers was again the victim of a break-in. Wheat Ridge police have been called. I will share a case report and photos as soon as possible. Customer owned service units and stock inventory was impacted. We are beyond frustrated and exasperated by this crime wave. It is destroying our customer service ratings, profit margins and morale. Don Secord General Manager Ketelsen Campers of Colorado NOTE: The information in this email is confidential and may be legally privileged. If you are not the intended recipient, we request that you (i) not read, use or disseminate the information, (ii) advise the sender immediately by reply email and (iii) delete this message and any attachments without retaining a copy. Although this email and any attachments are believed to be free of any virus or other defect that may affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by FreedomRoads, LLC or any of its affiliates for any loss or damage arising in any way from its use. L- 1 41 i r 0 Ill L t413* L .?444 D - \ 3 \9-, * ff 0 4 o L C : =fie. 6 L 44 r-=Ad ,=1 6 -//>..1 1 t 1,*1 //t t1¢ 4, 14, I /f / L ./1 t,t , 1 4 , 1 /1/, *t // . i ,14 „U:,k //: /1, 1 - 3 ' +' ...i'tibli· ;, 4 i. T.-„r,¥1525 -- i Pi {HY 1.71 Fl Fi ll M1/.11Hmirk 11jl. t tom-!-Uffill .8 joliEJ'lr ly l{ ON J' Ash 0 W V QUANTUM 3 t 1A P k f i44% 43 ELECTRIC GUARD DOG, LLC City of Wheat Ridge 05/08/2018 / 33429 33429 Expenses Paid Expense Description Amount Paid 15050 Installed Fence 200.00 C Check Amount:200.00 1 /9- 0 3\U £ 40 Tilt 00/C./.... LUM.!3# ___ r ·lu, 4 -/U .th-!Utt 1 I n ''.- LULL' ·· ·- - - 2.EU 2110.32 21-.u '.4. / 1 Nikki Huggins From: Sent: To: Subject: Don Secord <Don.Secord@ketelsen.com> Friday, April 13, 2018 4:06 PM Nikki Huggins; Imathews@ci.wheatridge.co.us; pgoff@ci.wheatridge.co.us Stolen License Plate We were just informed by Broomfield police that a license plate stolen from a unit presently on our lot for service was recovered on an abandoned trailer. We are currently taking inventory to determine if there are any additional plates missing. I will let you know what we find out. Don Secord General Manager Ketelsen Campers of Colorado NOTE: The information in this email is confidential and may be legally privileged. If you are not the intended recipient, we request that you (i) not read, use or disseminate the information, (ii) advise the sender immediately by reply email and (iii) delete this message and any attachments without retaining a copy. Although this email and any attachments are believed to be free of any virus or other defect that may affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by FreedomRoads, LLC or any of its affiliates for any loss or damage arising in any way from its use. 1