HomeMy WebLinkAboutCity Council Agenda Packet 03/11/20136:45 p.m. Pre-Meeting
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
March 11. 2013
7:00p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat
Ridge. Call Heather Geyer, Administrative Services Director, at 303-235-2826 at least one week in advance of a
meeting if you are interested in participating and need inclusion assistance.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLLCALL OF MEMBERS
APPROVAL OF MINUTES OF February 25, 2013
PROCLAMATIONS AND CEREMONIES
CITIZENS' RIGHT TO SPEAK
a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3
Minutes and sign the Public Comment Roster.
b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA
ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be
heard .
APPROVAL OF AGENDA
~ CONSENTAGENDA
a. Motion to approve payment to All Copy Productions, Inc. in an amount not to exceed
$70,000 for the second year of the multi-function copier lease.
b. Motion to approve additional engineering services from Martin and Martin Consulting
Engineers for the 32"d Ave. Widening Project in the amount of $90,850.
c. Motion to award the RFQ-JN-13-09 COOT Inspection Coordinator Contract with
Vision Land Consultants, Inc., for the 32"d Ave. Widening Project in the not-to-
exceed amount of $45,590, and to approve a contingency amount of $27,000.
CITY COUNCIL AGENDA: March 11, 2013
CONSENT AGENDA (con't)
Page -2-
d . Motion to amend the RFQ-JN-12-24 Kipling Trail Design Contract to Bohannan
Huston, Englewood, CO in the total amount of $168,000 and that the Director of
Public Works be authorized to issue change orders up to a total contract and
contingency amount of $405,533.02
EMERGENCY ORDINANCE
£. Council Bill 06-2013-An Ordinance imposing a temporary moratorium on the
submission, acceptance, processing, and approval of applications for a permit or license
for any marijuana establishment or marijuana club and declaring an emergency
ORDINANCES ON FIRST READING
Council Bill 03-2013-An Ordinance amending the Cable Television Franchise
Agreement between the City of Wheat Ridge, Colorado and Com cast of Colorado IV,
LLC, to extend the term of the Franchise
Council Bill 05-2013-An Ordinance approving the Rezoning of property located at
6700 W . 441h Ave. from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-
N) (Case No. WZ-13-01/Camaros Plus)
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MA TIERS
ADJOURNMENT
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
February 25. 2013
Mayor DiTullio called the Regular City Council Meeting to order at 7:00p.m.
ROLL CALL OF MEMBERS
Davis Reinhart
Joseph DeMott
Absent: Tracy Langworthy
Joyce Jay
George Pond
Mike Stites
Kristi Davis
Bud Starker
Also present: City Clerk, Janelle Shaver; City Attorney, Gerald Dahl; City Manager,
Patrick Goff; Community Development Director, Ken Johnstone; Public Works Director,
Tim Paranto; interested parties and interested citizens.
APPROVAL OF MINUTES OF February 11, 2013
Motion by Mr. Reinhart for approval of the Minutes of February 11, 2013; seconded by
Mr. Starker; carried 7-0.
PROCLAMATIONS AND CEREMONIES --none
CITIZENS' RIGHT TO SPEAK
Eugene Shirley spoke and listed some things he thinks are a waste of City money: the
circus; no smoking signs in parks; franchise fee on trash pick-up; $200,000 on surveys
-including $24,000 on a survey on salaries; three auditors for sales tax (should
monitor spending and expense accounts); stimulus money is a waste of money. We
need more town meetings so people can let Councilmembers know their feelings. He
believes when citizens talk to their Council representatives in private nothing happens.
Ted Heyd of Lakewood (for LiveWell Wheat Ridge) attended the Colorado Bicycle
Summit. Colorado is ranked 3rd for the number of people who commute by bicycle and
is ranked the 4th most bicycle-friendly state. It was reported the state receives an
economic impact of over a billion dollars yearly from bicycles-including manufacture,
retail and tourism. Bicycles are good for physical and mental health, the environment
and the economy. He thanked the City for being bicycle-friendly.
Shirley Walker of Walker's Quality Cage & Feed Supply on Kipling said that, like the
Mayor said in a recent newspaper article about being neighborly, the City should be
more neighborly and let homes and businesses know before it plans to make changes.
She made several points:
City Council Minutes February 25, 2013 Page 2
• The November public meeting presented the Kipling plan as a done deal that
property owners would have to accept or else have their property condemned .
• This project will affect 7 homes and 32 businesses-mostly negatively.
• A state highway this steep is no place for a 1Oft wide multi-use trail with moms
with strollers and kids on bikes and skateboards.
• The City is receiving $3.5 M from the federal government; she provided copies of
"Agenda 21 for Dummies" for Council so they can become informed about it.
• She thinks Council got robbed for paying $90K for the study.
• She doesn't like paying $25,000 a year to the City and then have it wasted on
something that's unsafe.
• A 6 ft sidewalk would do just fine where one is needed, and the 5ft sidewalk in
front of her store does not need to be moved or widened .
• Rent for many businesses will go up due to new signage the owners will have to
build and other potential expenses .
• Several businesses will actually be completely taken out.
• The City says it wants to be business-friendly. This is not small business-
friendly.
John Miks spoke in support of undergrounding the utility lines on Kipling from 32"d to
35th. Frequent power outages are a concern and the poles close to the street are a
safety hazard. Please continue with the original plan.
Patricia Roush spoke in support of putting the power lines underground . The franchise
money has been allotted for it and it should be used for that.
Ron Roush spoke about the high school kids who walk along Kipling . Often utility
trucks block the street and it creates a hazard for them . The kids need a sidewalk .
Ken Frens owns a business on Kipling . He is concerned about the proposed path for
the east side of Kipling . He wonders why people are never notified; it seems sneaky.
He also stated the proposed width is unclear. Will it be 1 0 ft , or 13 ft, or 13 ft plus 13 ft,
or 20 feet? He thinks Kipling is dangerous and the fewer people on Kipling the better.
Steve Polich spoke on behalf of his mother, Helen Polich , who's lived on Kipling for 60
years. Last time Kipling was widened they lost property and ingress into their back
yard. The only notice they received for this project was notice of a survey, but no
reason why, no mention of taking property. There aren't that many homes along
Kipling . A letter could have been sent to us about this; we shouldn 't have to read about
it in the newspaper. Why don't you let us give some input? We live there and have
experienced the rollovers, cars in their yards, accidents, etc . The City could put in a
regular sidewalk and not bother anyone.
APPROVAL OF THE AGENDA
~ CONSENTAGENDA
City Council Minutes February 25, 2013 Page 3
a. Increase the project contingency for ITB-11-06 Wadsworth Boulevard Multi-
Use Trail Project in the amount of $29,222.70
b. Award ITB-13-03, 2013 Slurry Seal Project, to Foothills Paving and
Maintenance, Inc., in the contract amount of $322,680 and to approve a
contingency amount of $16,150
Mr. Reinhart introduced the Consent Agenda.
Motion by Mr. Reinhart to approve the consent agenda; seconded by Mr. Stites; carried
7-0
ORDINANCES ON FIRST READING
Council Bill 04-2013-approving the rezoning of property located at 12390 W.
44th Avenue from Agricultural-Two (A-2) to Mixed Use-Neighborhood (MU-N)
(Case No. WZ-12-11/Frisk)
Mr. DeMott introduced Council Bill 04-2013.
The effect of this rezoning will be to provide the owner with expanded use options for
future development.
Motion by Mr. DeMott to approve Council Bill No. 04-2013, an ordinance approving the
rezoning of property located at 12390 W. 44th Avenue from Agricultural-Two (A-2) to
Mixed Use-Neighborhood (MU-N) on first reading, order it published, public hearing set
for Monday, March 25, 2013 at 7 p.m. in City Council Chambers, and that it take effect
15 days after final publication; seconded by Mr. Stites ; carried 7-0.
DECISIONS, RESOLUTIONS AND MOTIONS
~ Ratification of a mayoral appointment to the Housing Authority representing
District I, term to expire March 2, 2018
Mr. Starker introduced Item #3.
Motion by Mr. Starker to ratify the Mayoral appointment of Jennifer Walters to the
Housing Authority representing District I, term to expire March 2, 2018; seconded by Mr.
Reinhart; carried 7-0
4 . Appointments to Boards and Commissions
Motion by Mr. Reinhart to approve the following appointments to District I Boards and
Commissions:
City Council Minutes February 25, 2013 Page4
Joelle Hedden to the Animal Welfare Commission, term ending 3/2/16
Betty Jo Page to the Board of Adjustment , term ending 3/2/16
Amanda Deerr to the Parks & Recreation Commission, term ending 3/2/16
Judy Hutchinson to the Parks & Recreation Commission , term ending 3/2/15
Alan Bucknam to the Plann ing Commission , term ending 3/2/16
Robert Alldredge to the Liquor Authority Board , term ending 3/2/16
Seconded by Mr. Starker; carried 7-0
Motion by Ms . Davis to approve the following appointments to District II Boards and
Commissions :
Rhonda Champ ion to the Animal Welfare Commission, term ending 3/2/16
David Kuntz to the Board of Adjustment , term ending 3/2/16
Philip Plummer to the Building Code Advisory Board, term ending 3/2/16
Scott Ohm to the Planning Comm ission, term ending 3/2/16
Anthony Davia to the Liquor Authority Board , term ending 3/2/16
Seconded by Mrs . Jay; carried 7-0
Motion by Mr. Stites to approve the following appointments to District Ill Boards and
Comm iss ions :
Margie Seyfer to the Cultural Commission , term ending 3/2/14
John Miks to the Liquor Authority Board, term ending 3/2/16
Dick Matthews (temporary until replacement found) to the Planning Commiss ion ,
term ending 3/2/16
Seconded by Mr. Pond ; carried 7-0
Motion by Mr. DeMott to approve the following appointments to District IV Boards
and Commissions :
Christine Taraskiewicz to the Cultural Commission , term ending 3/2/14
Robert Hance to the Animal Welfare Comm ission , term ending 3/2/16
George Palaze to the Liquor Authority Board, term ending 3/2/16
Christine Taraskiewicz to the Parks and Recreation Commission, term ending 3/2/14
Seconded by Mr. Pond; carried 7-0
Motion by Mr. Starker to approve the following appointments to At-Large Boards and
Commissions:
Michael Snow to the Election Commission , term ending 12/31/2013
Seconded by Mr. Stites , Reinhart , and DeMott; carried 7-0
City Council Minutes February 25 , 2013 Page 5
.§..:. Purchase of the 2013 vehicle replacements and accessory equipment in an
amount not to exceed $167,361
Mr. Stites introduced Item #5.
Motion by Mr. Stites to deny the purchase of any vehicles at this time for the following
reason: none of the vehicles meet the maintenance standards for being replaced,
therefore there is no justification for replacing them . He further moved that $5,000 be
placed in an account for any refurbishing needed for the vehicles; seconded by Mr.
DeMott.
Mr. Paranto addressed the motion stating that mileage is not the only criteria for
replacement. He explained the rule of thumb they use is to replace a vehicle when it
reaches 50% of replacement value. Replacements follow the industry cost/ benefit
policy. Part of the plan is to move some vehicles down to different uses where they will
get more mileage.
Discussion followed with all Councilmembers having questions or comments. Mr. Goff
explained that the criteria include age plus mileage, plus a few other factors. Mr.
Reinhart suggested bringing this to a study session, along with the criteria, so the policy
can be discussed. Mr. Paranto also explained that some vehicles may actually have
low mileage, but they also often have many hours of idle-time.
Mr. Stites' motion failed 4-3 with Councilmembers Pond, Starker, Reinhart and Jay
voting no.
Motion by Mr. Reinhart to bring the maintenance policy to a study session and
postpone the purchase of the vehicles at this time; seconded by Mr. Pond; carried 7-0
CITY MANAGER'S MATTERS
Mr. Goff reminded folks of the public meetings for the proposed park at 44th and
Kendall. There are two more meetings --March 6 and March 13 at the Active Adult
Center. There are 3 concepts proposed. Details are available at
www.44thandkendallpark.com . He also reported that we'll be getting a $211,000
Jefferson County Open Space grant for this park. -He also reported that because of
the snow, the scheduled tour of the Transit Oriented development has been
rescheduled to Thursday, March 14th from 4:00-5:30pm.
CITY ATTORNEY'S MATTERS --none
CITY CLERK'S MATTERS
Clerk Shaver addressed the comments by Mrs. Jay (on the Rock rezoning) that she
was to add to the January 28 minutes. She discovered those comments were actually
made on January 14, and those minutes had already been permanently archived. She
suggested if Mrs. Jay wanted to repeat her remarks tonight under Elected Officials'
Matters she would be glad to include them in tonight's minutes. Mrs. Jay declined.
City Council Minutes February 25, 2013 Page 6
ELECTED OFFICIALS' MA TIERS
Bud Starker said he has gotten lots of calls about the proposed changes at Crown Hill.
Since Wheat Ridge does not control Crown Hill, he suggested that people go to
crownhill@jeffco.us and participate in the survey, and let their opinions be known. -
He also reported having attended the opening session of presentations by the Wheat
Ridge Building Department that deal with the future adoption of the 2012 International
Building Code. In upcoming months public comment will be taken for possible
amendments, so interested parties are encouraged to stay in touch with the issue and
contact the Building Department about upcoming meetings and other opportunities for
input. This will likely be in the April/May time period .
Kristi Davis reported having received the online survey about Crown Hill Park. She
urged folks to get online and fill out that survey and make their feelings known.
Mike Stites' positive thing : It was great to see neighbors helping neighbors with
shoveling snow this Sunday and Monday during the storm.
Davis Reinhart said he attended the first meeting for the park on Kendall and it was
very well received. He encouraged people that care about this park to get involved and
attend the next two meetings for design of the park. Now is the time to give input-not
after it's designed. The Parks Department wants your input.
Mayor DiTullio thanked all the people who applied for the Housing Authority. He hopes
Ms . Davis and Mr. DeMott can give us a little update in the future. The Housing
Authority is a busy group that does a lot of good things so it's good to hear from them.
Meeting adjourned at 8:10 pm, with the Special Study Session to follow a short break.
APPROVED BY CITY COUNCIL ON March 11, 2013 BY A VOTE OF __ to __
Davis Reinhart, Mayor pro tern
The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e.
they contain a record of what was done at the meeting, not what was said by the
members. Recordings and DVD's of the meetings are available for listening or viewing
in the City Clerk's Office, as well as copies of Ordinances and Resolutions.
... ~· .. ~ • r City of •
?WheatRL_dge
ITEMNO:~
DATE: March 11 ,2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE PAYMENT TO ALL COPY
PRODUCTS, INC. IN AN AMOUNT NOT TO EXCEED
$70,000 FOR THE SECOND YEAR OF THE MULTI-
FUNCTION COPIER LEASE
D PUBLIC HEARING
[g) BIDS/MOTIONS
D RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2N° READING
D YES
This is the scheduled and budgeted lease payments for the multi-function copiers at all sites .
This is the second year of a five-year lease .
PRIOR ACTION:
Beginning in 2011 , Council has approved award of the City's Multi-Function Copier
(MFC) Lease on an annual basis.
FINANCIAL IMP ACT:
$70,000 was budgeted in the 2013 IT Budget
BACKGROUND:
In December 2011 , the City installed seventeen black & white and color multi-function copiers
(MFC) located among all five City locations. The remote sites include, the Recreation Center,
Active Adult Center, Anderson Complex , Parks Shops, and Public Works Shops. All of these
sites including City Hall and the Police Department currently have the capability to print or scan
in full color to the copiers. The MFC has the ability to print and copy from any employee's
computer in addition to the walk-up features.
Council Action Form
March 11 ,2013
Page 2
The networked MFC is a budgeted implementation that is required to provide improved
technologies, features, efficiencies, and replaces multiple pieces of equipment. In addition, the
upgraded MFC allows the IT staff to remotely monitor, meter and configure the units to optimize
performance. Along with the upgraded standardization of copier equipment, we have
implemented a low-cost color print and scan capability at every location.
RECOMMENDATIONS:
Staff recommends approving payment for the multi-function copier lease to All Copy Products,
Inc. in an amount not to exceed $70,000.. This will improve the availability, speed, features and
reliability ofthe City's multi-function copiers at all sites. These funds are budgeted in the 2013
IT budget.
RECOMMENDED MOTION:
"I move to approve payment to All Copy Products, Inc. in an amount not to exceed $70,000 for
the Multi-Functional Copier lease.
Or,
"I move to deny payment to All Copy Products, Inc. for the Multi-Functional Copier lease for the
following reason (s) ----------------------
REPORT PREPARED/REVIEWED BY:
Michael Steinke, IT Manager
Jennifer Nellis, Purchasing Agent
Heather Geyer, Administrative Services Director
~ ~ ~
....... ~ ,. City of •
JP"WheatRi_dge
ITEMNO:~
DATE: March 1 I , 2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE ADDITIONAL ENGINEERING
SERVICES FROM MARTIN AND MARTIN CONSULTING
ENGINEERS FOR THE 32N° A VENUE WIDENING
PROJECT IN THE AMOUNT OF $90,850
D PUBLIC HEARING
~ BIDS/MOTIONS
D RESOLUTIONS
ISSUE:
D ORDINANCES FOR 18TREADING
0 ORDINANCES FOR 2N° READING
D YES
The City applied for and was awarded a federally funded project in October 2010 to widen
32"d A venue from Braun Court to Wright Court. The project includes the final design and
construction of additional tum lanes at various intersections along this section of street to
improve the capacity and therefore reduce traffic congestion. The federal grant provides
$2 ,924 ,000 to assist in funding the estimated $5 ,517 ,000 project.
Martin/Martin Consulting Engineers was selected to perform the final design work for a
not-to-exceed fee of$92,900 in July 201 I . Following the initial design contract, the
project scope was expanded to include additional construction. The cost of the additional
design and extra services is $40 ,850. The original contract also contemplated
Martin/Martin providing engineering services during the construction phase of the project.
Staff seeks authorization to use Martin/Martin for these services in an amount not to
exceed $50,000 during construction. The total requested expansion of the Martin/Martin
contract is $90 ,850.
PRIOR ACTION:
A budget appropriation of$92,900 was authorized by City Council in July 2011 to award the
project design to Martin/Martin Consulting Engineers .
Council Action Form
March 11 , 2013
Page2
An Intergovernmental Agreement (IGA) with CDOT was approved on October 10,
2011 , to authorize the project with CDOT at a reimbursement of 53% of the costs, not to exceed
$2,924,000.
The City Council approved an Amended and Restated IGA with Jefferson County on October
10,2011 , which set the Jefferson County contribution to the project funding at $1.25 million.
The City Council also approved a consultant on October 24, 2011 , to perform the environmental
assessment reevaluation work for a not-to-exceed fee of$19,296.
The City Council approved a construction contract on December 1 0, 2012 , to Concrete
Works of Colorado in the amount of$4,600,776.34.
FINANCIAL IMPACT:
The funding for this project is provided by a federal grant at 53% of the cost, with the City
responsible for the remaining 47% of the project cost. CDOT requires that the City fund
the project and seek reimbursement upon completion. The total project amount was
estimated at $5 ,517 ,000. The City will receive a federal grant in the amount of $2 ,924,000
and the City and Jefferson County will provide the local project matching funds in the
amount of$2,593 ,000. Jefferson County has contributed $1,250,000 to the City to fulfill its
commitment to the project and the City will provide the remaining local share of the
project cost. The City will be reimbursed the full federal amount of the cost of the project,
not to exceed $2 ,924,000, upon project completion.
Funding for this project, including the design , has been approved in the 32"d & Youngfield
Improvements line item of the 2013 Capital Investment Program Budget in the amount of
$5 ,517 ,000.
BACKGROUND:
The City applied to the Denver Regional Council of Governments (DR COG) for federal
transportation funds available for fiscal years 201 2 through 2017 to help finance the construction
of a street widening project on 32"d Avenue between Braun Court and Wright Court. DRCOG
awarded the grant application in March 2011.
This project will address needed safety and operational improvements at the westbound 1-70 off-
ramp/on-ramp at 32"d Avenue and the adjacent local intersections. The interchange was
originally constructed using a non-standard design and has never operated efficiently. The daily
interstate highway traffic burdens the local street network and causes unacceptable congestion
during the afternoon peak hour.
COOT will perform the contract oversight concerning federal and state regulations and the
City will design and administer the construction of the project. The City is responsible for
completing the construction plans and obtaining all the required clearances for utilities ,
environmental approvals and right-of-way acquisitions. The design plans developed for the
Clear Creek Crossing infrastructure have been utilized for this project.
Council Action F orm
March 11 , 2013
Page 3
Project construction has commenced by Concrete Works of Colorado , Lafayette, Colorado , who
was selected , by process , as the contractor to build the project.
Martin/Martin was selected to perform the final design of the project. Several design items were
added to the original scope arising from additional CDOT, Jefferson County and City
requirements. The project scope changes include: reconfiguration of irrigation ditch pipes in the
32nd A venue/Y oungfield intersection, traffic signal modifications , extending the widening of
Y oungfield south of 32nd A venue , revisions to stonn drainage collection and routing near Braun
Court as requested by Jefferson County, coordination of construction documents with the
environmental assessment re-evaluation as required by CDOT, addition of raised crosswalks ,
high early strength concrete phasing plan, utility and ditch company coordination to obtain utility
agreements, and various plan support in the bidding process .
Engineering support is needed as design-related issues arise during the construction phase of the
project. This includes : construction consultation to respond to RFI's, consultation on changes
and/or substitutions and additional design , if needed , project close-out and the preparation of as-
built drawings and review of contractor submittals such as shop drawings and material submittal.
The additional cost for the design and engineering services for preconstruction and construction
phases are $40,850 and $50 ,000 respectively. The original design service amount was $92 ,900.
Therefore, the new contract amount will be to $183 ,750.
RECOMMENDATIONS:
Staff recommends expanding the 32 11 d A venue Widening Design service contract with
Martin/Martin Consulting Engineers in the amount of$90,850.
RECOMMENDED MOTION:
"I move to approve the expanded design service contract to Martin/Martin Consulting Engineers ,
Lakewood, CO , in the amount of $90 ,850 .
Or,
"I move to deny the expanded design service contract to Martin/Martin Consulting Engineers ,
Lakewood , CO for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Steve Nguyen, Engineering Manager
Jennifer Nellis , Purchasing Agent
Tim Paranto , Director of Public Works
ATTACHMENTS:
1. Martin/Martin Design Proposal
2. Martin/Martin Construction Proposal
March 4, 2013
Mr. Mark Westberg, P.E.
Project Manager
City of Wheat Ridge
7500 W 29th Avenue
Wheat Ridge, CO 80033
MARTIN /MARTIN
CONSU L TING ENGINEERS
Re: 32nd Avenue Improvements -Wright Ct. to Braun Ct.
Additional Services Request -Construction Phase Services
Dear Mr. Westberg ,
This proposal is for Additional Services in connection with engineering services to be provided
during the Construction Phase of the 32nd Avenue Improvements Project. For the purpose of
this proposal the ~Project" is defined as the proposed improvements to the 32nd
Avenue/Youngfield Intersection as well as improvements to 32nd Avenue from approximately
Wright Ct. (east of Youngfield) to Braun Ct. (west of Alkire St.). Martin/Martin has been
requested to provide assistance to the City during the construction phase of the Project on an
as-needed basis. We understand the tasks during construction may include :
• Construction Consultation-Martin/Martin will be available answer RFI 's, provide
consultation on changes and/or substitutions, provide additional design, etc., as
needed .
• Review of Contractor Submittals -Martin/Martin will assist the City with the review
of shop drawings and material submittals as required .
• Construction Observation -Martin/Martin will perform field observation on an as-
needed basis.
• Field Consultation -Martin/Martin will provide consultation in the field for the
contractor, utility companies, etc. at the request of a City representative .
• Project Close-out -Martin/Martin will assist the City with the preparation of as-built
drawings and other project close-out documents as requested.
These tasks will be performed on an as-requested basis and compensation will be on a time
and materials basis following the rates listed below. Based on our understanding of the City's
needs during this project we would anticipate the total fee not to exceed $50,000. If, during the
course of the construction phase, it becomes apparent that the requested services are going to
exceed this amount Martin/Martin will notify the City prior to performing the additional requested
services.
Attachment 1
1 24 9 9 WEST COLF"AX • L A K EWOOD , COLORADO 802 1 5 • 303 ·4 3 1 -6 1 00
March 4 , 2013
Mr. Westberg
Page2
Martin/Martin 2012 Man-hour Rates :
Principal ...................................... $150.00
Associate .................................... $125.00
Sr. Project Engineer .................... $115 .00
Project Engineer ......................... $100.00
Professional Engineer ................... $90.00
Engineer EIT II .............................. $80.00
Engineer EIT I ............................... $75 .00
Sr. Designer ................................ $100 .00
Designer ....................................... $90.00
CAD Technician ............................ $75 .00
CAD Operator II ............................ $60 .00
CAD Operator I ............................. $55.00
Survey Manager .......................... $125.00
Survey Crew (2-man) .................. $135 .00
Survey Crew (1-man) .................... $80.00
Survey Technic ian II (LSIT) ........... $78 .00
Survey Technician 1. ...................... $70 .00
Construction Services Rep ............ $80 .00
Adm inistrative ................................ $55.00
Engineer lntem .............................. $40 .00
These rates are subject to change at the beginning of each year .
Thank you fo r the opportun ity to present this request and we look forward to continu i ng to assist
you with a successful project completion . If you have any questions regarding this additional
fee request please feel free to contact me at 303-431-6100 or email at
bhaynes@martinmartin .com .
Respectfully Submitted,
---4-?V .~
Bruce W . Hayn
Principal
(, TtiOMAS\2J l2 ~ 32ND 1\IIF J:<OVE MEN T\DOC.:S\PROPOSA. S\J2rd Avr: lmprovcm '11> Add I Serv ces Reques•_C.:o:"lst F c.
Rev1sed dec.
MARTIN /MARTIN
CONSULTING ENGINEERS
November 29, 2012
Revised February 6, 2013
Mr. Mark Westberg, P.E., CFM
Projects Supervisor
City of Wheat Ridge
7500 W 29th Avenue
Wheat Ridge, CO 80033
Re : 32nd Avenue Improvements -Wright Ct. to Braun Ct.
Additional Services Request -Design Phase
Dear Mr. Westberg ,
This proposal is for Additional Services in connection with the Design Phase of the 32nd Avenue
Improvements Project. For the purpose of this proposal the "Project" is defined as the proposed
improvements to the 32"d Avenue/Youngfield Intersection as well as improvements to 32nd
Avenue from approximately Wright Ct. (east of Youngfield) to Braun Ct. (west of Alkire St.).
Martin/Martin performed several tasks throughout the design phase of the project which were
not included in the original scope of work. We respectfully request your consideration in
providing us with the additional compensation these tasks required to complete. The out of
scope tasks included:
• Reconfiguration of Irrigation Ditch Pipes in 32nd Avenue/Youngfield
Intersection -Martin/Martin performed an investigation into the existing materials
and current condition of the irrigation ditch pipes crossing the 32nd Ave/Youngfield
intersection. Upon reviewing the data gathered martin/Martin was directed to design
and prepare plan sheets for the abandonment and replacement of the existing pipes .
• Traffic Signal Modifications -revisions to the traffic signal plans to include
additional pedestrian pedestals, bicycle detection zones and other revisions due to
changes in City requirements.
• Widening of Youngfield South of 32nd Avenue-design and plan revisions for an
additional widening of the southbound lanes of Youngfield south of 32nd Avenue.
• Revisions to Storm Drainage Collection and Routing near Braun Ct -several
revisions to the roadside drainage routing and collection at the western end of the
project near Braun Ct. at the direction of Jefferson County.
• Coordination of Construction Documents with EA Re-evaluation -revised plans
and specifications to include updates due to the re-evaluation of the Project's
Environmental Assessment (preformed by FHU).
Attachment 2
1 2499 WEST COLF'AX • LAKEWOOD , COLORADO 802 1 5 • 303·43 1 ·6 1 00
February 6, 2013
Mr. Westberg
Page2
• Addition of Raised Crosswalks-researched current industry standards and
details for raised cross-walks at free moving right-turn lanes and revised plan set to
include these details.
• Utility and Ditch Company Coordination -coordination of utility and ditch
companies including obtaining utility agreements.
• High Early Strength Concrete Phasing Plan -revisions to construction documents
to include the use of high early strength concrete as part of the phasing.
• Attendance at the Pre-bid Meeting -Martin/Martin representatives will be available
at the pre-bid meeting to answer questions if needed .
• Preparation of Addenda -Martin/Martin will assist the City with the preparation of
addenda as required.
• Preparation of Cross-Sections -Martin/Martin wi ll prepare roadway cross-sections
(at 25' stationing) throughout the project extents for use by the bidders.
The additional fee associated with each of these tasks is as follows:
1. Reconfiguration of Irrigation Ditch Pipes ............................................................ $5950
2. Traffic Signal Modifications ................................................................................ $1050
3 . Widening of Youngfield South of 32nd Avenue ................................................... $2900
4. Revisions to Storm Drainage Collection and Routing near Braun Ct. ................. $2100
5 . Coordination of Construction Documents with EA Re-evaluation ....................... $5500
6. Addition of Raised Crosswalks ........................................................................... $3500
1 . Utility and Ditch Company Coordination ............................................................. $7850
8. High Early Strength Concrete Phasing Plan ...................................................... $3050
9 . Attendance at the Pre-bid Meeting ....................................................................... $700
10. Preparation of Addenda ..................................................................................... $5000
11 . Preparation of Cross-Sections ........................................................................... $3250
Design Phase Additional Services Total ........................ $40,850
Thank you for the opportunity to present this request and we look forward to continuing to assist
you with a successful project completion . If you have any questions regarding this additional
fee request please feel free to contact me at 303-431-6100 or email at
bhaynes@martinmartin .com .
Respectfully Submitted,
---4-?V .~
Bruce W . Hayn
Principal
G 1 HC./v1ASI21323 3 .. t-.D IMf' RCJVE •AE "J r OCS PROP~ SAL S\32rd Ave prt>IIE. r' Add I :::> rv1 Requ st De'>l9 ..,to Sf
Rev1sed 2 dor
... ·i~ ~ " City of • JP'WheatRi_dge
ITEM NO: __lQ_.
DATE: March 11,2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD THE RFQ-JN-13-09 CDOT
INSPECTION COORDINATOR CONTRACT WITH VISION
LAND CONSULTANTS, INC., FOR THE 32N° AVENUE
WIDENING PROJECT IN THE NOT-TO-EXCEED AMOUNT
OF $45,590, AND TO APPROVE A CONTINGENCY
AMOUNT OF $27,000
D PUBLIC HEARING
[g) BIDS/MOTIONS
D RESOLUTIONS
0 ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2ND READING
~IAL/ 0 YES
/~·~ ~u ~anager . 41 Director of Public Works
ISSUE:
The City applied for and was awarded a federally funded project in October 2010 to widen
32"d A venue from Braun Court to Wright Court. The project includes the final design and
construction of additional turn lanes at various intersections along this section of street to
improve the capacity and therefore reducing traffic congestion. The federal grant provides
$2,924,000 to assist in funding the estimated $5 ,517,000 project.
To satisfy the requirements of the grant, the City must contract with a Colorado
Department of Transportation (CDOT) certified contractor to perform project inspections
specifically pertaining to testing requirements associated with this federal aid project.
Through a formal procurement process, the City evaluated and selected a firm to provide
the services as an extension of City Staff. Vision Land Consultants, Inc. was selected to
perform the independent inspection work for a not-to-exceed, negotiated fee of$45,590.
PRIOR ACTION:
A budget appropriation of$92,900 was authorized by City Council in July 2011 to fund the
design of the project.
Council Action Form
March 11 ,2013
Page2
An Intergovernmental Agreement (IGA) with CDOT was approved on October 10,
2011, to authorize the project with CDOT at a reimbursement of 53% ofthe costs, not-to-exceed
$2,924,000.
The City Council approved an Amended and Restated IGA with Jefferson County on October
10,2011, which set the Jefferson County contribution to the project funding at $1.25 million.
The City Council also approved a consultant on October 24, 2011, to perform the environmental
assessment reevaluation work for a not-to-exceed fee of $19,296.
The City Council approved a construction contract on December I 0, 2012, to Concrete
Works of Colorado in the amount of$4,600,776.34.
FINANCIAL IMPACT:
The funding for this project is provided by a federal grant at 53% of the cost, with the City
responsible for the remaining 47% of the project cost. CDOT requires that the City fund
the project and seek reimbursement upon completion. The total project amount was
estimated at $5 ,517 ,000. The City will receive a federal grant in the amount of$2,924,000
and the City and Jefferson County will provide the local project matching funds in the
amount of $2 ,593,000. Jefferson County has contributed $1,250,000 to the City to fulfill its
commitment to funding the project and the City will provide the remaining amount. The
City will be reimbursed the full federal amount of the cost ofthe project, not-to-exceed
$2 ,924,000, upon project completion.
Funding for this project, including the requested inspection services, has been approved in the
32"d & Youngfield Improvements line item ofthe 2013 Capital Investment Program Budget in
the amount of$5,517,000.
BACKGROUND:
The City applied to the Denver Regional Council of Governments (DR COG) for federal
transportation funds available for fiscal years 2012 through 2017 to help finance the construction
of a street widening project on 32"d Avenue between Braun Court and Wright Court. DRCOG
awarded the grant application in March 2011.
This project will address needed safety and operational improvements at the westbound I-70 off-
ramp/on-ramp at 32"d A venue and the adjacent local intersections. The interchange was
originally constructed using a non-standard design and has never operated efficiently. The daily
interstate highway traffic burdens the local street network and causes unacceptable congestion
during the afternoon peak hour.
CDOT will perform the contract oversight concerning federal and state regulations and the
City will design and administer the construction of the project. The City is responsible for
completing the construction plans and obtaining all the required clearances for utilities,
Council Action Form
March 11 , 2013
Page 3
environmental approvals and right of way acquisitions. The design plans developed for the
Clear Creek Crossing infrastructure have been utilized for this project.
Project construction has been commenced by Concrete Works of Colorado, Lafayette, Colorado ,
who was selected , by process, as the contractor to build the project.
For federally funded projects , the Colorado Department of Transportation (CDOT), acting on
behalf of the Federal Highway Administration, requires that independent testing and verification
shall be conducted separately from the project inspection. Specific abilities and familiarity with
CDOT specifications, manuals, forms and documentation requirements are needed to oversee
project progress and ensure all proper documentation is obtained from the construction
contractor, including materials testing reports by the contractor and the City testing firm. Staff
determined that hiring personnel from an independent firm with CDOT certification to manage
these specific tasks would be the effective way to ensure that the requirements are met. The
proposed staff extension will also provide limited construction inspection to ensure compliance
with plans and specifications and review construction contractor's submittals including false
work and shoring, mix designs and approved products.
On February 26 , 2013 , three (3) proposals were received from consulting firms. One was
disqualified and considered as non-responsive due to incomplete submittal. Based on the review
of the proposals , the highest ranked firm was Vision Land Consultants, Inc., Golden, CO. Final
selection was based on qualifications, project approach , the project team and experience on
previous projects. Appropriate fees for the work were then negotiated in the not-to-exceed
amount of $44,190.00 plus $1 ,400 in reimbursables.
The proposal also includes additional services that may be needed in the event that additional
requirements may be warranted to complete the project construction management which
includes, but not limited to, additional inspections and necessary document preparation and to
assist City construction staffwhen needed. Staff recommends that $27 ,000 , in addition to the
base contract, be allocated as contingency should additional services be required during the
construction phase.
RECOMMENDATIONS:
Staff recommends award ofthe CDOT Inspection Coordinator contract to Vision Land
Consultants in the not-to-exceed amount of$45,590 and a contingency of$27,000.
RECOMMENDED MOTION:
"I move to award RFQ-JN-13-09 , CDOT Inspection Coordinator contract to Vision Land
Consultants , Inc., Golden , CO , in the not-to-exceed amount of $45 ,590 , with a contingency
amount of$27,000 and that the Director of Public Works be authorized to issue change orders up
to a total contract and contingency amount of $72 ,590 ."
Or:
Council Action Form
March 11 , 2013
Page4
"I move to deny the award ofRFQ-JN-13-09, CDOT Inspection Coordinator contract to
Vision Land Consultants, Inc., Golden, CO, for the following reason(s): __
REPORT PREPARED/REVIEWED BY:
Steve Nguyen, Engineering Manager
Jennifer Nellis, Purchasing Agent
Tim Paranto, Director of Public Works
ATTACHMENTS:
1. Vision Land Consultants ' Proposal
"
FEE PROPOSAL FORM
RFQ-JN-13-09
Consultant Services -COOT Inspection Coordinator
SUBMIT ON THIS PAGE OR ATTACH YOUR DETAILED PRICE SCHEDULE.
Fees shall be subject to negotiation.
NAME OF FIRM: Vision Land Consultants, Inc.
ADDRESS: 603 Park Point Drive, Suite 100
Golden, Colorado 80401
CHECK LIST
The following information and forms must be included with your submittal in this order. Did you include:
• Signature Page (page 1)
• Acknowledge Addendum (if any) on Signature Page
• Illegal Alien Certification Form
• Debarment Certification Letter
• Insurance Commitment Statement
• Qualifications
• Experience
• Current Workload, Approach
• Fee Schedule {in separate sealed envelope)
PRICING -Provide Details
LUMP SUM $ Please see attached Fee Proposal or
YES
X
_lL
_lL
_lL
.lL
X
_lL
_lL
_lL
NO
HOURLY RA TEIPOSITION $ ------..--:1 Please see attached Fee Proposal
Estimated Hours-------
HOURLY RA TEIPOSITION $ ______ ___,/ Please see attached Fee Proposal
Estimated Hours-------
PROPOSED RETAINER or INSPECTION FEES $ N/A ----------
FOR A NOT-TO-EXCEED AMOUNT of$ Please see attached Fee Proposal
Including reimbursable expenses , estimated as follows :
AUTHORIZED SIGNATURE AND TITLE:
Attachment 1
RFQ-JN-13-09 Consultant Services-COOT Inspection Coordinator 21
FEE PROPOSAL
Revised 3/4/13
City of Wheatrldge
Consultant Services: COOT Inspection Coordinator
Per the RFP, If VIsion Land Is selected, and a Not ice to Proceed Is given the Week of March 25, 2013, then assume a
start date of March 27, 2013. Also assume full time Is 160 hours per month from April through August 30, 2013 .
Dou_g Richter
Jason Miner
Adam Koester
Crystal Sullivan
March2013
Schedule of Fees/Hourly Rates
$135/hr
$90/hr
$90/hr
$90/hr
Doug Richter, assume 4 hours to coordinate project kick orr ................................................... $ 540.00
Jason Minor, full time start.lng 3/27/13 = 24 hours .................................................................... $ 2,160.00
Aptll-Aucust 30, 2013
Doug Richter, assume 2 hours per month, ................................. " ............................................. $ 1,350.00
Jason Minor, assume full time, 80 hours per month ....... _ ...................................................... S 36,000.00
September-October 31, 2013
Assist Oty of Wheatrldge with Project Close-out
Doug Richter, assume 2 hours per month ..................................................................................... $ S40.00
Jason Minor, Assume 20 hours per month ................................................................................... $ 3.6QQ.OO
Tot I Estimated Fee $ 44,190.00
The proposed fee for this project has been estimated on an assumed number of hours necessary to support the
City of Wheatrldae as desired. VIsion Land Is wllllna to necotlate the total number of hours based on the Oty's
needs and desired of level of support necessary to m.eet the required COOT standards for observation,
Inspection, and documentation . If less support Is desired VIsion und will deer ase the estimate as d red, o r If
additional VIsion und support Is necessary, additional staff wiH be billed hourly according to the attached
schedule of fees. The estimate of $44,190.00 Is a minimum for the proposed observation and Inspection, which
will be Invoiced on a tim and materials basis, and If additional time Is needed, the City has a resented fund to
cover up to 300 additional hours, or $27,000.00. VIsion Land will notify the Oty If It looks like th $44,190.00
will be exceeded, but the absolute not to exceed fee for this contract Is the sum of $44,190 plus $27,000.00, plus
an additional $1,400 for reimbursable expenses for a total of $72,590.00. Reimbursable exp nses for thls project
are .antldpated to lndude mlleap and reproduction and are estimated at 3.0% of the minimum total or
approJtlmately $1,400.00, which Is Included In the maximum not to exceed fee of $72,590.00
Signed: ~L /Ld
ooualas J2.,, P.E./
VIce President
VIsion Land Consultants, Inc.
~-------------------------------
CONSULTANTS. INC.
CLAS$1FICATION
SCHEDULE OF FEES
Effective January 1, 2012
HOURLY RATES
Chief Administrative Officer ..................................................................................... $200.00 I HR
President .................................................................................................................. $200.00 I HR
Vice President .......................................................................................................... $185.00 I HR
Sr. Project Manager/Division Manager/Branch Manager ....................................... $165.00 I HR
Director of Construction Management.. .................................................................. $130.00 I HR
Project Manager ....................................................................................................... $135.00 I HR
Sr. Project Engineer .................................................................................................. $105.00 I HR
Sr. Quality Engineer .................................................................................................. $105.00 I HR
Construction Manager ............................................................................................. $100.00 I HR
CADD Manager ......................................................................................................... $105.00 I HR
Project Engineer ................................................................................. .-..................... $90.00 I HR
Sr. Designer I ............................................................................................................ $95.00 I HR
Sr. Oesignerll ........................................................................................................... $100.00/ HR
Designer ................................................................................................................... $80.00 I HR
Field Engineer ........................................................................................................... $85.00 I HR
Design Engineer ........................................................................................................ $70.00 I HR
Design Engineer 11 ..................................................................................................... $80.00 I HR
Engineering Technician ............................................................................................ $70.00 I HR
Technical Assistant ................................................................................................... $55.00 I HR
Office Manager ........................................................................................................ $100.00 I HR
Computer and Information Systems {CIS) Manager ................................................ $120.00 I HR
EXPENSES
Translucent Bond (24" x 36") ................................................................................... $3.00 I EA
Vellum (24" x 36") .................................................................................................... $5.00 I EA
Mylar {24" x 36") ...................................................................................................... $10.00 I EA
Color Bond {24" x 36") ............................................................................................. $15.00 I EA
Electronic Files on CO ............................................................................ ,. .................. $5.00 I EA
Photocopies (B/W} ................................................................................................... $0.25 /COPY
Photocopies (Color) .................................................................................................. $0.75 I COPY
Mileage ..................................................................................................................... $0.55 I MILE
Reimbursable expenses such as consultants, laboratory testing, field testing, long-distance
telephone calfs, tolls, parking, blue prints, photographs and other miscellaneous expenses
will be billed at cost + 15%. Rates are in effect until January 31, 2011, and may be
superseded by a new schedule after that date.
Work will be billed by Vision Land Consultants on a monthly basis. Invoices are payable
within 30 days. One percent (1.0%) per month Interest will be charged on amounts
outstanding over 30 days.
Vision Land Consultants, Inc. www . visionlandconsultants .com
... ~j~
,. ~ r-City of •
JP'WheatR!__,dge
ITEMNO: ).d.
DATE: March 11 , 2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AMEND THE RFQ-JN-12-24 KIPLING
TRAIL DESIGN CONTRACT TO BOHANNAN HUSTON,
ENGLEWOOD, CO, IN THE TOTAL AMOUNT OF
$168,000 AND THAT THE DIRECTOR OF PUBLIC
WORKS BE AUTHORIZED TO ISSUE CHANGE ORDERS
UP TO A TOTAL CONTRACT AND CONTINGENCY
AMOUNT OF $405,533.02
0 PUBLIC HEARING
~ BIDS /MOTIONS
D RESOLUTIONS
~zse o
Director of Public Works
ISSUE:
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2N° READING
YES
City Manager
The City was awarded funding for a multi-use trail project on Kipling Street from 32nd A venue to
44 1h Avenue through the Denver Regional Council of Governments (DRCOG) Transportation
Improvement Program (TIP) in March 2011. The project includes the construction of a trail to
accommodate pedestrians and bicyclists. The Colorado Department of Transportation (CDOT) will
administer the federal funding , while the City will manage the project design and construction.
Bohannan Huston (BHI) was selected using the established procurement process to perform the
design and land acquisition tasks for an amount of$197,533.02. CDOT has determined that a
formal right-of-way plan must be prepared for the entire length of the project, including those
areas adjacent to City-owned property. Additionally, the number of parcels that will need to be
acquired has more than doubled to provide a three-foot area behind the trail for relocation of the
Xcel Energy pole line from 38th Avenue to 441h Avenue . These project changes require an
increase in scope of the Bohannan Huston contract, which will cost approximately $168 ,000.
PRIOR ACTION:
An Intergovernmental Agreement (IGA) with CDOT was approved by resolution on October 10 ,
2011 to authorize the project.
Council Action Form
March 11 , 2013
Page2
The City Council approved a design contract on July 23, 2012 to Bohannan Huston in the
amount of$197,533.02 with a contingency amount of$40,000.
FINANCIAL IMPACT:
Funding for this program has been approved in the Kipling Pedestrian Improvements line item of
the 2013 Capital Improvement Program Budget in the amount of $2 ,835 ,000.
City Staff will administer the design and construction with reimbursement of 78% of all
construction related costs, not to exceed $2 ,473,000.00 by CDOT. While the project cost is not
expected to exceed the project estimate, any unlikely shortfall will be provided by the City. The
City's portion is expected to not exceed $705,000.
BACKGROUND:
In October 2010 the City applied to DR COG for federal transportation funds available for fiscal
years 2012 through 2017 to help finance the construction of a multi-use trail on Kipling Street
from 32"d to 441h Avenue. DRCOG awarded the grant application in March 2011.
This project will provide a new pedestrian and bicyclist facility which will connect Crown Hill
Park, Discovery Park, the Wheat Ridge Recreational Center and the Clear Creek Trail. This
facility will also improve the safety of pedestrians and bicyclists along Kipling Street as a result
of a new wide trail. The proposed trail construction is within the guidance of the City's Bike and
Pedestrian Master Plan.
The total project amount is estimated at $3 ,178 000. The City will receive a federal grant in the
amount of$2,473 ,000 with the City providing the local project matching funds in the amount of
$705 ,000. The project design and construction are budgeted as 2012 and 2013 expenditures,
respectively. CDOT will perform the contract oversight concerning federal and state regulations
and the City will design and administer the construction of the project. The City will be
reimbursed the full federal share of the cost of the project, not to exceed $2 ,473 ,000, upon
project completion. The executed Intergovernmental Agreement (IGA) with CDOT referenced
above provides that the City finance the cost of the project, with CDOT reimbursement of 78 %
ofthe costs, not to exceed $2 ,473 ,000.
The City is responsible for completing the construction plans and obtaining all required
clearances for utilities, environmental approvals and right-of-way acquisitions. The design is
planned for 2013 with construction in 2 014. City staff will perform the trail design and
administer the project. Bohannan Huston will assist City staff in perfonning some aspects of the
project design , such as structural design of a pedestrian bridge, modification of two culvert
crossings to accommodate the path, assistance in obtaining environmental clearances, and
property acquisition assistance that will include easements and/or right-of-way.
On December 6, 201 2, C ity and BHI Staff met with CDOT ROW staff to discuss th e
requirements for ROW clearance for thi s project. The initial project schedule called for City staff
preparing most of the exhibits for the ROW acquisition. CDOT staff is requiring that a full set of
Council Action Form
March 11 ,2013
Page 3
prepared for the project, in addition to deed and easement exhibits. Preparing full CDOT ROW
plans is beyond City capabilities and must be included in BHI's scope of work. This work is
estimated at approximately $92,000.
The initial project scope called for the power lines to be relocated underground. It has now been
detennined that the only section of the project that will have power poles removed is from 32nd
A venue to 3 51h A venue. A three foot (3 ') wide utility zone is now required behind the trail for
majority of the project. This has increased the number of ROW parcels that must be acquired
from 9 to 20, although the parcel widths will be minimal. Therefore, the cost of parcel appraisals
and negotiation of ROW acquisition has increased by an estimated $76,000. This estimate
includes a contingency for consultant costs if eminent domain is required for acquisition of up to
two parcels.
The grant budget for the design and ROW acquisition portion of this project was $343,000 with
$274,000 being reimbursed with the grant. The current estimate for this work is $365,533 plus
the negotiated payments for the needed ROW. The ROW payments are estimated at $96,000.
RECOMMENDATIONS:
Staff recommends that the Bohannan Huston contract be amended to include the preparation of a
CDOT approved ROW plan, as well as an increase in the number of ROW parcels to be
acquired, at a not-to-exceed cost of $168,000.
RECOMMENDED MOTION:
"I move to amend the RFQ-JN-12-24, Kipling Trail Design contract to Bohannan Huston,
Englewood, in the amount of $168,000 and that the Director of Public Works be authorized to
issue change orders up to a total contract and contingency amount of $405,533.02."
Or:
"I move to deny the contract amendment of the RFQ-JN-12-24, Kipling Trail Design to
Bohannan Huston, Englewood, CO, for the following reason(s): -------
REPORT PREPARED/REVIEWED BY:
Steve Nguyen, Engineering Manager
Jennifer Nellis, Purchasing Agent
Tim Paranto, Director of Public Works
ATTACHMENTS:
I. Bohannan Huston Proposal
"
I ' I
David Johnson I
James
Mel Dahlberg Mark West Sean Melville Tandy Freel Clayshulte Amanda White John Doty Alan Benham Denn is Sarracino _ ~ni_ (3onzale~ Will Lyon Shawn Burkeen Breena Alderete
[11 Kickoff and S~e Review Meeting 5 5 ~ 15 $ 1,865 .85
(4) Progress Meetings 12 4 4 20 $ 2,073.68
Meebng Monutes 5 5 $ 572 .75
COOT aoo c~ of Wheat Ridge 10 35 §_ 5 55 $ 6,634 .15
:>uo total I -15 rll , Iii Iii - - -
---
----95 s 11,144J.4~
I 121 !Route SLJVey , Wetlaoos , Boreholes I I I I 8 1 I I I 26[ 3[ I 82 114[ 3[ 2361 $ 17 ,806 .30 1
I IAcauisitoo Parcel SLJVey (9 Pa-cels included) I I I I 81 I I 91 I I 27 9J 91 621 s 4 ,946 .33 1
I I ::iUD !Otal l II ---I 10.1 - I -I --_ L 35 .li • I -1lll!l_ • JU if' -J2.1a I DenSify SUI'IIey Control 3 9 _10 22[$ 1.658.¥ JDevelop Eldsbng East ROW 54 20 81 68 223 $ 19,767.41
[Develop Eldsting West ROW 2 1 9 12 $ 1,042 .17 I Retrace Sections 10 22 45 n $ 5,711.52
JROW Owneoop Maps 31 9 170 210 I s 17 ,319.48
!Legal · Parcel AcqUISition 20 10 120 150 $ 12 ,594 .00
Jlegal ~-Temp Const Esm ts 11 11 66 88 $ 7,778 .32
'Title Wor1< -H C. Peck & Assoc $ 16 ,890 .00 $ -
Final ROW Maps -~ 12 238 :13 1 $ 2~1
::.uo total -'-18,890.00 --- ---Z1Z «1'5 -11rl 123 --:,41 ! I 111,411.70
J3.1 ' Bndge Horizontal all:! Vetical Aligrvnent 10 37 19 66 $ 5,162 .60
!Structure Selection_Report 20 5 4 29 $ 2,972 .66 I Bridge Review Meetings 1 2 3 s 276 .59
[Coordinate Mutt ~Use Path and Rn<ln~~· ._., Allgrvnents 10 10 ~~ $ 2,086 .30
1 I Report I COOT r.nnmiruoo., (GeoCal) $ 12 ,322 .60 4 8 $ 1,379 .88
I Clearances (Pinyon; $ 11 ,307 .48 8 8 $ 916 .40
:>uo total --' 23,830.08 -zz 39 10 311 rl --19 ---4 3,2011 I J0,4Z4.rl1
141 • SHe Gradong I ConnectMty 30 30 $ 3,436 .50
Internal Review of Structu'e Selectoon Report &
Resolution of COOT comments 10 5 10 25 $ 2,368 .95
!Prelmlnary Four>:!ation all:! Abutment Design 10 5 10 1 26 $ 2,418 .03
JPrelminary Structural Design 10 10 9 29 $ 2 ,711~
' Bridge Ouantny Calr.tiatinn• 10 10 20 $ 579 .96
• Bridge· · 1 Plans and 8 95 103 $ 5 858 .49
• Hydralilc Design 12 12 $ 1 374 .60
I ' Culwrt Area "' 'Plans and 1_4 1 15 $ ~4 .2~
:>uo total $ -14 42 38 -31 311 --95 ---260 I 22 132.17
15.1 [ Fonal sne Grading 1 Connectovity 10 10 $ 940 .80 I Final Hydraulic Design 20 20 s 2,291 .00
JFonal Bridge I Structural Desogn 25 25 s 2,880 .25
JFinal Fourda tion all:! Abutment_ Design 20 20 $ 2,304 .20
. Bridge Plans aoo 20 60 80 $ 5,414 .00
IFonal Brtdge Quanbty 12 12 $ 1,382 .52
~C f()( Structural Design and Quantibes 15 40 10 ~ $ 5,500 .05
Culwrt Area Cnndn rhn~ Plans all:! 4 9 10 20 5 48's 3,930 .02
Qualoty Assurance I Oual~_(;_()(lttol Re111ews 10 10 10 30 $ 3,943 .00
f:_nglll89rs Estim ate of Probable Costs 4 10 20 5 39 $ 4,088.71
;:,uo tmal I -14 44 102 38: 1§ 40 --70 211 - -51 349 $ • J6 .1 JHC Peck (1 4 Conformed Tax Pa-cels) J I s 81 ,892 .20 I 8[ I I I I I I L I I s I lt-tCPeck (6 Tentati\111 Tax Parcels ) I $ 14 ,973 .69 1 I I I I I I I I I I s ~-I ;:,uo 101a11 .. 110,11110.89 I -l 'I -• I . I • L • _L -. ( -• I • I _. JL • IS
J7.1 Pre -Bid Conference Assistance 8 8 $
_Elid Addeooa all:! Response to Quesbons 10 15 25 $ 2,556 .70
'>UD 101a1 " -. 18 . 10 -. -. ~----. ~ $ 3,473.10
Total Ho u rs 43 207 184 73 93 84 247 66 185 735 232 123 22 2,294
_EIIJ_rd ene d Break Even Ra tes, $/hr. $ 164 .54 $ 114 .55 $ 115.21 $ 94 .08 $ 80 .69 $ 81 .34 $ 117.82 $ 154 .84 _$_ 51 .83 $ IY1 !_ 65}4 $ 68 .49 $ 65.44
I
Burden ed B re ak Ev en La bo r $7.Q7_5,22 $23 ,711 .85 $21 ,227.44 $6 ,910 .64 $7_.542 .96 $6 ,852 .!)()_ -$29_._101 .54 $10 ,219 .44 $9 ,562 .64 $5: 206 38 $15,158 .88 $8,424.27 _!1_._423 .32 $2 00 ,417.46
3.5% 11 .8% 10.6% 3.4% 3.8% 3.4% 14 .5% 5.1% ~8% 26 .5% 7.6% 4.2% 0.7%
Su bto tal BHI Labor $20 0,4 17 .46
'otal $ 137,385.97 -
Fixed Costs
Fixed Fee $ 20 ,041 .76
Mileage $ 1,104 .66
=nu;nm<>nt and Materials (Survey) '$ 5,224.94
Prinling and RPnrnt1u,Unn $ 500 .00
I
I Total Fixed_(;_osts $ 26,871 .36
I - -... 4 •-Total Fee _$~64,674.7 9 IJ ~'t'la"n•n,..., I•• •
~~·~ ... ~ ~ City of •
:rwheatR!_dge
ITEMNO: ~'
DATE: March 11 ,2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 06-2013 -AN ORDINANCE IMPOSING
A TEMPORARY MORATORIUM ON THE SUBMISSION,
ACCEPTANCE, PROCESSING, AND APPROVAL OF
APPLICATIONS FOR A PERMIT OR LICENSE FOR ANY
MARIJUANA ESTABLISHMENT OR MARIJUANA CLUB
AND DECLARING AN EMERGENCY
D PUBLIC HEARING
D BIDS/MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
7[7 //., -·
/ '--/ '--~" .-
City Attorney
ISSUE:
~ EMERGENCY ORDINANCE
D
D YES
Following the passage of Amendment 64 on November 6 , 2012, the Council has not yet
established guidelines for marijuana clubs and marijuana establishments. The imposition of a
moratorium on the submission, acceptance, processing, and approval of all applications for City
permits and licenses concerning the operation of marijuana establishments or marijuana clubs is
reasonable and necessary to allow the City to develop appropriate policies.
PRIOR ACTION:
Consensus was reached by City Council at the March 4 , 2013 study session to direct staff to
bring forward this emergency ordinance for consideration at the March 11, 2013 Council
meeting.
On January 28 , 2013 , City Council adopted an ordinance amending Sections 16-131 and 16-13 3
of the Wheat Ridge Code of Laws so that they are consistent with state law as it pertains to the
possession of marijuana and the necessary paraphernalia to ingest or smoke the same.
Y:\Forms\CAFtemp late
Council Action Form -Marijuana Moratorium
March 11 , 2013
Page2
FINANCIAL IMPACT:
None.
BACKGROUND:
On November 6 , 2012 , the voters of the State of Colorado approved Amendment 64 to the
Colorado Constitution ("Amendment 64") regarding the personal use and regulation of
marijuana. The Colorado Department of Revenue must adopt regulations prior to July 1, 2013 for
the regulation of retail marijuana establishments. If the Colorado Department of Revenue fails to
adopt regulations by July 1, 2013 or fails to begin accepting applications for retail marijuana
establishments by October 1, 2013 , local governments may establish their own regulations for
the same, including restrictions on the time, place, manner and number of such establishments.
RECOMMENDATIONS:
Staff recommends the imposition of a moratorium on the submission, acceptance, processing,
and approval of any application for a City permit or license to operate a marijuana establishment
or marijuana club.
RECOMMENDED MOTION:
"I move to approve Council Bill No . 06-2013 . an ordinance imposing a temporary
moratorium on the submission , acceptance, proces sing and approval of applications for a
permit or license for any marijuana establishment or marijuana club and declaring an
emergency."
Or,
"I move to postpone indefinitely Council Bill No. 06-2013 , an ordinance imposing a
temporary moratorium on the submission, acceptance, processing and appro val of
applications for a pennit or license for any marijuana establishment or marijuana club
and declaring an emergency for the following reason(s) "
REPORT PREPARED BY;
Gerald Dahl , City Attorney
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 06-2013
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ___ _
Council Bill No. 06
Ordinance No. ___ _
Series 2013
TITLE: AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE
SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF
APPLICATIONS FOR A PERMIT OR LICENSE FOR ANY MARIJUANA
ESTABLISHMENT OR MARIJUANA CLUB AND DECLARING AN
EMERGENCY
WHEREAS, the City of Wheat Ridge is a home rule municipality operating under
a charter adopted pursuant to Article XX of the Colorado Constitution and vested with
the authority by that article and the Colorado Revised Statutes to adopt ordinances for
the regulation of land use and the protection of the public health, safety and welfare;
and
WHEREAS, on November 6, 2012, the voters of the State of Colorado approved
Amendment 64 to the Colorado Constitution ("Amendment 64") regarding the personal
use and regulation of marijuana; and
WHEREAS, Amendment 64 permits persons twenty-one years of age or older to
possess, use, display, purchase and distribute without remuneration one ounce or less
of marijuana, and to grow, process and transport marijuana plants; and
WHEREAS, Amendment 64 also contemplates the retail production and sale of
marijuana ("marijuana establishments"), and establishes a time schedule under which
such establishments may be established and regulated by the state and/or local
governments; and
WHEREAS, the Colorado General Assembly will likely adopt statutes to
implement the provisions in Amendment 64 and address related matters during the
2013 legislative session; and
WHEREAS, state regulation of marijuana establishments is also dependent upon
the Colorado Department of Revenue adopting regulations for such establishments prior
to July 1, 2013; and
WHEREAS, if the Colorado Department of Revenue fails to adopt regulations by
July 1, 2013 or fails to begin accepting applications for marijuana establishments by
October 1, 2013, local governments may establish their own regulations for the same,
including restrictions on the time, place , manner and number of such establishments;
and
Attachment 1
WHEREAS, Amendment 64 permits local governments to prohibit marijuana
establishments at any time by ordinance, or by election on and after November 4, 2014;
and
WHEREAS, relying on the authority in Amendment 64 for individual adult
consumption of one ounce or less of marijuana, establishments ("marijuana clubs")
have been created in other municipalities for the purpose of allowing members or
guests to consume marijuana or marijuana products on site; and
WHEREAS, the City Council has been made aware that staff has received
inquiries from persons that are interested in opening and operating such clubs in the
City; and
WHEREAS, if marijuana establishments or marijuana clubs were allowed to be
established and operate in the City without appropriate regulation, they may be located
in areas or under conditions that would conflict with the City's land use code, and may
be inconsistent with surrounding uses or otherwise be detrimental to the public health,
safety and welfare; and
WHEREAS, the imposition of a moratorium to and through November 1, 2013,
on the submission, acceptance, processing, and approval of all applications for City
permits and licenses concerning the operation of marijuana establishments or marijuana
clubs is reasonable and will allow the City to develop appropriate policies and, if
needed, regulations concerning the same.
THE COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, ORDAINS:
Section 1. Findings. The foregoing findings are incorporated herein by
reference.
Section 2. Temporary Moratorium. A moratorium is hereby imposed on the
submission, acceptance, processing, and approval of any application for a City permit or
license to operate a marijuana establishment or marijuana club under any basis,
including Article XVIII Section 16 of the Colorado Constitution or any provision of the
Wheat Ridge City Code of Laws. The City staff is directed to refuse to accept for filing,
and not to process or review any application for such establishments or clubs during the
moratorium period.
Section 3. Duration. The moratorium imposed by this ordinance shall
commence as of the date of adoption of this ordinance, and shall expire ninety (90)
days thereafter as permitted by Charter Section 5.15, unless sooner extended or
repealed.
Section 4. Staff to Investigate and Prepare Proposed Regulations. Before
the expiration of the moratorium imposed by this ordinance, City staff shall investigate,
review and analyze potential new City regulations for marijuana establishments,
marijuana clubs, and/or the prohibition thereof. Such investigation, review and analysis
2
shall be submitted to the City Council for consideration. The City Council declares that
it will give due and timely consideration to those recommendations.
Emergency Declared; Effective Date. Pursuant to Section 5.13 of the Wheat
Ridge Home Rule Charter, the City Council hereby finds, determines and declares that
an emergency exists and that this ordinance is necessary for the immediate
preservation of public property, health, welfare , peace or safety for the following
reasons: to prevent the establishment of marijuana establishments or marijuana clubs
before the City has had a reasonable opportunity to review and analyze potential new
City regulations for the same. Failure to immediately impose this moratorium may allow
for the establishment of such establishments or clubs in a manner that would be
inconsistent with the City's zoning code, and which would negatively impact the City and
the health , safety and welfare of its citizens. This ordinance shall be effective
immediately upon its adoption .
INTRODUCED , READ, AND ADOPTED on first reading by a vote of_ to _
on this __ day of , 2013 , 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 , 2013 at 7:00 p.m., in the Council
Chambers, 7500 West 291h Avenue, Wheat Ridge , Colorado.
READ , ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of _ to _, this day of , 2013.
SIGNED by the Mayor on this __ day of _____ , 2013 .
ATTEST:
Janelle Shaver, City Clerk
First Publication :
Second Publication :
Wheat Ridge Transcript
Effective Date :
Jerry DiTullio , Mayor
Approved as to Form
Gerald E. Dahl , City Attorney
3
-.I. A~
~ .,.. Cily of
:rwheatRi_dge
ITEMNO: j .
DATE: March 11 ,2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 03-2013 AN ORDINANCE
AMENDING THE CABLE TELEVISION FRANCIDSE
AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE,
COLORADO AND COMCAST OF COLORADO IV, LLC, TO
EXTEND THE TERM OF THE FRANCIDSE
0 PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
[8J ORDINANCES FOR 1ST READING (03/11 /2013)
0 ORDINANCES FOR 2ND READING (03/25/2013)
D YES
The City ofWheat Ridge 's franchise agreement with Comcast expires on April 1, 2013 .
An extension ofthe franchise agreement to December 31 ,2014 will allow the Cities of
Denver and Aurora to complete their franchise negotiations with Comcast which would
be in the best interest of the City of Wheat Ridge.
PRIOR ACTION:
In 2001 , the Wheat Ridge City Council adopted Ordinance No. 1216 approving the
nonexclusive franchise agreement to TCI Cablevision of Colorado Inc. which later
b ecame Comcast.
FINANCIAL IMPACT:
None
BACKGROUND:
Th e City ofWhe at Ridge is a m e mber o f th e Colorado C ommunications and U tilities
Alliance (CCUA), formally the Greater Metro Telecommunications Consortium. The
V:\Forms\CAFtemplate
Council Action Form
March 11 , 2013
Page 2
CCUA fonnally adopted a model franchise agreement in 1995 and updated it in 1999.
The model agreement has been used as the foundation for most of the cable franchises in
the Denver metro area, including Wheat Ridge.
When the model franchise was finalized in 1999, many local municipalities executed
their agreements with local cable providers within a fairly short timeframe. This has
resulted in many agreements coming up for renewal at the same time. Currently both
Denver and Aurora are in franchise negotiations with Comcast. The expectation was that
their negotiations would be completed in time for us to negotiate our franchise before the
end of our current agreement. This is not the case; and through our participation in
CCUA staff has determined that extending our current agreement to give more time for
Denver and Aurora to complete their negotiations would be in the City's best interest.
Staff is asking for an extension ofthe current agreement through the end of2014. The
goal is to begin negotiations with Comcast once they have executed franchise agreements
with Denver and Aurora and staff has had a chance to review those documents.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 03-2013, an ordinance amending the Cable
Television Franchise Agreement between the City of Wheat Ridge , Colorado and
Comcast of Colorado IV , LLC , to extend the term ofthe franchise on first reading, order
it published , public hearing set for Monday, March 25 at 7 p.m. in City Council
Chambers , and that it take effect fifteen days after final publication."
Or,
"I move to postpone indefinHely Council Bill No. 03-2013, an ordinance amending the
Cable Television Franchise Agreement between the City ofW11eat Ridge, Colorado and
Comcast of Colorado IV, LLC , to extend the term of the franchise for the following
reason( s) "
REPORT PREPARED/REVIEWED BY;
Nathan Mosley, Management Analyst
Heather Geyer, Administrative Services Director
ATTACHMENTS:
I . Council Bill No. 03-2013
2. Amendment to extend Comcast Agreement
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCILMEMBER ___ _
COUNCIL BILL NO. 03
Series of 2013
TITLE: AN ORDINANCE AMENDING THE CABLE TELEVISION
FRANCHISE AGREEMENT BETWEEN THE CITY OF
WHEAT RIDGE, COLORADO AND COMCAST OF
COLORADO IV, LLC, TO EXTEND THE TERM OF THE
FRANCHISE
WHEREAS, in the year 2001, the Wheat Ridge City Council adopted
Ordinance No. 1216 granting the nonexclusive Franchise Agreement to TCI
Cablevision of Colorado, Inc. for its construction and operation of a cable
television system within the City; and
WHEREAS, Comcast of Colorado IV, LLC ("Comcast") is the successor in
interest to TCI Cablevision of Colorado, Inc.; and
WHEREAS, Section 2.2 of the Franchise Agreement provides that the
franchise granted to Comcast will expire on April 1, 2013; and
WHEREAS, Comcast has preserved its right of renewal by timely filing a
request with the City to activate the formal process for renewing the Franchise
pursuant to the provisions of the Cable Communications Policy Act of 1984
("Cable Act"); and
WHEREAS, City staff and Comcast of Colorado IV, LLC representatives
have discussed the renewal of the franchise and, both parties have agreed that
their respective interests will be served by a brief extension of the existing
Franchise Agreement; and
WHEREAS, the City Council is therefore agreeable to extending the
existing term of the Franchise Agreement from April 1, 2013, until December 31,
2014.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. That the Mayor and City Clerk are hereby authorized to
execute, on behalf of the City, an amendment to the
Franchise Agreement with Comcast to extend the term of
the Franchise Agreement from April 1, 2013, until
December 31, 2014.
Attachment 1
Section 2. Except as specifically modified hereby, the Franchise shall
remain in full force and effect.
Section 3. Neither party waives any right which it enjoys under law as
a result of agreeing to this Franchise extension, and
Comcast shall not be required to file any additional request
or document in order to preserve its right of renewal under
Section 626 of the Cable Act.
Section 4. Severability, Conflicting Ordinances Repealed . If any
section, subsection or clause of this Ordinance shall be
deemed to be unconstitutional or otherwise invalid, the
validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts
of ordinances in conflict with the provisions of this
Ordinance are hereby repealed .
Section 5. Effective Date. This ordinance shall take effect 15 days
after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to
_on this day of , 2013 , ordered it published with Public
Hearing and consideration on final passage set for the 251h day, March, 2013 at
7:00p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado and that it takes effect 15 days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final
reading by a vote of _ to _, this day of , 2013 .
SIGNED by the Mayor on this __ day of _____ , 2013.
Jerry DiTullio, Mayor
ATTEST:
Janelle Shaver, City Clerk
Approved as to Form
Gerald E. Dahl , City Attorney
AMENDMENT TO THE CABLE TELEVISION FRANCHISE AGREEMENT
BETWEEN THE CITY OF WHEAT RIDGE, COLORADO AND
COMCAST OF COLORADO IV, LLC
Thls Amendment to the Cable Television Franchlse Agreement is made and
entered into as of the effective date of the City of Wheat Ridge, Colorado's Ordinance
No. __ , Series on day of , 2013, and amends the Cable
Television Franchlse Agreement ("Franchlse Agreement") by and between the City of
Wheat Ridge, Colorado, ("City'') and Comcast of Colorado IV, LLC ("Comcast").
WHEREAS, the City Council approved the grant of a nonexclusive Franchlse
Agreement to TCI Cablevision of Colorado, Inc., effective April 1, 2001, for its
construction and operation of a cable television system within the City; and,
WHEREAS, Comcast of Colorado IV, LLC ("Comcast") is the successor in
interest to TCI Cablevision of Colorado, Inc.; and
WHEREAS, Com cast has preserved its right of renewal by timely filing a request
with the City to activate the formal process for renewing the Franchise pursuant to the
provisions of the Cable Communications Policy Act of 1984 ("Cable Act"); and,
WHEREAS, the Franchise Agreement was set to expire on April 1, 2013, and,
WHEREAS, City staff and Comcast representatives have discussed the renewal
of the Franchise and both parties have agreed that their respective interests will be served
by a formal extension of the existing Franchise Agreement to a date certain; and ,
WHEREAS, the City Council wishes to penn it an extension of the existing term
ofthe Franchlse Agreement until December 31, 2014; and,
NOW, THEREFORE, the present Franchise Agreement is hereby amended
by the following:
1. The term of the Franchise Agreement provided by section 2.2A is hereby
extended until December 31,2014.
2. Except as specifically modified hereby, the Franchlse shall remain in full
force and effect.
3. Neither party waives any right whlch it enjoys under law as a result of
agreeing to thls extension, and Comcast shall not be required to file any
additional request or document in order to preserve its right of renewal
under Section 626 of the Cable Act.
Attachment 2
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
day and year frrst written above.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF WHEAT RIDGE, COLORADO
By: --------------------------------
Mayor
Date: -------------------------------
COMCAST OF COLORADO IV, LLC
By: ____________________________ __
Title: -----------------------------
Date: -----------------------------
ITEMNO: Lf ,
DATE: March 11 ,2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 05-2013-AN ORDINANCE APPROVING
THE REZONING OF PROPERTY LOCATED AT 6700 W. 44th
A VENUE FROM RESTRICTED COMMERCIAL (RC) TO
MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-13-
01/CAMAROS PLUS)
D PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
ISSUE:
[gi ORDINANCES FOR 1ST READING (3 /1112013)
0 ORDINANCES FOR 2N° READING (4/08 /2013)
City Manager
The applicant is requesting approval of a zone change from Restricted Commercial (RC) to Mixed
Use-Neighborhood (MU-N) for property located at 6700 W . 44th Avenue.
The proposed rezoning area includes two parcels, the total size of which is approximately
1.03 acres. The purpose of the zone change is to expand possible uses for the property.
Specifically, the applicant is proposing to purchase the property and relocate his automotive
restoration business to the east side of the existing building.
A zone change is the first step in the process. If the zone change request is approved, the proposed
use would require review of a Conditional Use Permit (CUP). Other than improvements to
landscaping and fencing, the applicant is not proposing any new development.
PRIOR ACTION:
Planning Commission will hear the request at a public hearing on March 7, 2013. The staff report,
meeting minutes, and recommendation from the Planning Commission meeting will be included
with the ordinance for second reading.
Case No. WZ-13-01 /Camaros Plus
Council Action Form
March 11, 2013
Page2
FINANCIAL IMPACT :
The proposed zone change is not expected to have a direct financial impact on the City. Fees in
the amount of$1 ,175 were collected for the review and processing of Case No. WZ-13-01 .
BAC KGROUN D:
The property is located at 6700 W. 44th Avenue in the northeast quadrant of the City, between
Pierce and Otis Streets. The property is currently zoned Restricted Commercial (RC) which
allows for various types of office uses and a limited range of neighborhood-oriented retail uses.
The primary structure on the property was originally built in 1979 and spans the two lots that
make up the subject property. The west side of the building is used for professional offices, and
the east side of the building includes a vacant warehouse space that was most recently used by
Lost and Found, Inc. for storage and warehousing.
Surrounding Land Uses
The site is surrounded to the north , east, and west by properties that are also zoned commercially.
To the east is a small commercial parcel with a cigar shop, to the west is a legally nonconforming
self-serve car wash , and across the street to the north is a multi-tenant commercial building. At
the northwest comer of Pierce and W. 44th Avenue is Al's Pine Garden and Nursery on a 3.5-acre
parcel with split zoning. Immediately to the south is a residential neighborhood zoned
Residential-Two (R-2).
Current and Proposed Zoning
The current and proposed zone districts are very similar as RC and MU-N were both established to
provide for neighborhood-serving commercial uses . A notable difference, however, is in the
treatment of auto-oriented businesses. In the Restricted Commercial zone district, auto-related
businesses are not permitted-this includes auto parts sales, auto repair, and vehicle sales lots.
In the Mixed Use-Neighborhood zone district, however, automotive businesses are classified
slightly differently and are permitted on a limited basis. Auto parts sales are classified generally
as retail sales and is permitted, based on gross floor area. Other auto-related uses are permitted to
operate indoors as conditional uses.
The applicant's auto restoration business is not a permitted use under the current RC zoning, but
would be allowed as a conditional use under MU-N. The proposed business would occupy the
eastern portion of the site and would include a retail store, work area, and indoor storage of
vehicles and parts. No outdoor storage is proposed or pennitted in MU-N.
If a rezoning to MU-N is approved, the proposed business would require a Conditional Use
Permit. Review of a conditional use is an administrative process and includes consideration of site
design, business operations, and potential impacts on adjacent properties.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 05-2013 an ordinance approving the rezo ning of property
located at 6700 W. 44th A venue from Restricted Commercial (RC) to Mixed Use-Neighborhood
Council Action Form
March 11, 2013
Page 3
(MU-N) on first reading, order it published, public hearing set for Monday, April 8, 2013 at 7 p.m.
in City Council Chambers, and that it take effect 15 days after final publication ."
REPORT PREPARED/REVIEWED BY:
Lauren Mikulak, Planner I
Kenneth Johnstone, Community Development Director
ATTACHMENTS:
1. Council Bill No. 05-2013
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER-------
COUNCIL BILL NO. 05
ORDINANCE NO. ___ _
Series of 2013
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 6700 W. 44th AVENUE FROM RESTRICTED
COMMERCIAL (RC) TO MIXED USE-NEIGHBORHOOD (MU-N)
(CASE NO. WZ 13-01/CAMAROS PLUS)
WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes
procedures for the City's review and approval of requests for land use cases; and,
WHEREAS, Steven Pelletier has submitted a land use application for approval of
a zone change to the Mixed Use-Neighborhood zone district for property located at
6700 W. 44th Avenue; and,
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan-
Envision Wheat Ridge-which calls for a mix of land uses along neighborhood
commercial corridors such as W. 44th Avenue; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on March 7, 2013 and voted to recommend of rezoning the property to Mixed
Use-Neighborhood (MU-N),
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Steven Pelletier for approval of a zone change
ordinance from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N)
for property located at 6700 W. 44th Avenue, and pursuant to the findings made
based on testimony and evidence presented at a public hearing before the
Wheat Ridge City Council, a zone change is approved for the following described
land:
LOT 21, LIONEL SUBDIVISION AND LOT 22, LILLIAN'S FIRST ADDITION ,
EXCEPT THAT PORTION OF LOT 22 CONVEYED IN INSTRUMENT
RECORDED SEPTEMBER 10, 19681N BOOK 2046 AT PAGE 393.
Section 2. Vested Property Rights. Approval of this zone change does not
create a vested property right. Vested property rights may only arise and accrue
pursuant to the provisions of Section 26-121 of the Code of Laws of the City of
Wheat Ridge.
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines,
and declares that this ordinance is promulgated under the general police power
ATTACHMENT 1
of the City of Wheat Ridge, that it is promulgated for the health, safety, and
welfare of the public and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience and welfare. The
City Council further determines that the ordinance bears a rational relation to the
proper legislative object sought to be attained.
Section 4. Severability: Conflicting Ordinance Repealed. If any section,
subsection or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect 15 days after final
publication , as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to _on
this 11 1h day of March, 2013, ordered it published with Public Hearing and consideration
on final passage set for Monday, April 8, 2013 at 7:00 o'clock p.m ., in the Council
Chambers, 7500 West 291h Avenue, Wheat Ridge, Colorado, and that it takes effect 15
days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this day of , 2013.
SIGNED by the Mayor on this ___ day of _______ , 2013.
ATTEST:
Janelle Shaver, City Clerk
1 st publication:
2nd publication:
Wheat Ridge Transcript:
Effective Date:
Jerry DiTullio, Mayor
Approved as to Form
Gerald Dahl , City Attorney