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HomeMy WebLinkAboutCouncil Packet 01/10/2011 6:30 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING January 10, 2011 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, 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 ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF December 13. 2010 PROCLAMATIONS AND CEREMONIES Civic Academy Graduation 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 1. CONSENT AGENDA A. Motion to approve payment in the amount of $80,685 to Design Concepts, Inc. of of Lafayette, Co., for the purpose of preparing the design and construction documents for Phase III of Discovery Park. B. Motion to approve the purchase of two large commercial lawn mowers from L.L. Johnson Distributing Company in an amount not to exceed $167,160. C. Motion to encumber funds for 2011 fuel, granular deicer and liquid deicer purchases in an amount not to exceed $405,000 CITY COUNCIL AGENDA: January 10, 2011 Page -2-ORDINANCES ON FIRST READING 2. Council Bill 01-2011 -An Ordinance approving the Amendment of Section 26-803 of the Wheat Ridge Code of Laws pertaining to Floodplain Control. DECISIONS, RESOLUTIONS, AND MOTIONS 3. Resolution No. 01-2011 Amending the 2011 Open Space Fund 32 Budget in the amount of $15,000 for the purpose of accepting a donation from the Wheat Ridge Rotary Club for expenditure in the Discovery Park Public Art Sculpture and an off leash dog park. 4. Resolution No. 02-2011 Approving an Intergovernmental Agreement with Jefferson County regarding Annexation of Real Property. 5. Motion for ratification of the 38th Avenue Corridor Plan Stakeholder Committee Appointees. 6. Presenting the proposed change to Council Rules of Order and Procedure. 7. Motion to ratify Mayoral appointment to Renewal Wheat Ridge. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT to STUDY SESSION CITY OF WHEAT RIDGE, COLORADO December 13, 2010 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Council Members present: Karen Adams, Joseph DeMott, Karen Berry, Joyce Jay, Davis Reinhart, Tracy Langworthy, Wanda Sang, and Mike Stites. Also present: Ann Lazzeri, Minutes Specialist, sitting in for City Clerk, Michael Snow; City Manager, Patrick Goff; City Attorney, Gerald Dahl; Interim Administrative Services Director, Heather Geyer; Director of Parks & Recreation, Joyce Manwaring; Community Development Director, Kenneth Johnstone; Planner, Sarah Showalter; and interested citizens. APPROVAL OF MINUTES OF November 22,2010 Motion by Mrs. Sang for approval of the Minutes of November 22, 2010; seconded by Mr. Stites; carried 8-0. PROCLAMATIONS AND CEREMONIES Mike Herman from the Rotary Club presented the final payment of $3,000 for the Wheat Ridge High School turf field. Mayor DiTullio accepted the payment on behalf of the City and expressed appreciation to the Rotary Club. He also announced that the Rotary Club is willing to contribute $10,000 toward the sculpture at the new park on Kipling. Rotary will also contribute $5,000 toward a dog park. CITIZENS' RIGHT TO SPEAK No citizens were present to speak. AMENDMENTS TO AGENDA Motion by Mrs. Berry to add Item 7 to the agenda to regarding appointment of an alternate member to the Board of Adjustment, seconded by Mrs. Jay; carried 8-0. Motion by Mrs. Langworthy to add Item 8 to the agenda to consider the City Manager's contract; seconded by Mrs. Sang; carried 8-0. City Council Minutes Page 2 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill 19-2010 -An Ordinance approving the rezoning of property located at the Southeast Corner of 44th Ave. and Wadsworth to the Mixed Use-Commercial (MU-C) Zone District (Case NO. WZ-10-07). Mayor DiTullio opened the public hearing and administered oath to all those testifying. Council Bill 17-2010 was introduced on second reading by Mrs. Sang. Mrs. Lazzeri assigned Ordinance 1474. Ms. Showalter presented information to familiarize Council with the site and provided information on how the zoning works and applies to the process. Molly Hanson of Live Well Wheat Ridge spoke in favor of the ordinance and commended the City for adopting mixed use zoning. Rezoning the property to Mixed Use-Commercial would carry forth values of the Comprehensive Plan values including economic revitalization, improved public health, and enhanced environmental quality. This will foster positive physical and mental health of community members while supporting economic stability. Greg Seebarl of Live Well Wheat Ridge spoke in favor of the ordinance and commended the City for adopting mixed use zoning. Rezoning the property to mixed use-commercial zoning would promote pedestrian/bicycle trail improvements as well as land use for mobile transportation relationship. State Representative Schafer from House District 34 (Wheat Ridge) spoke in favor of the ordinance. Louise Turner spoke in opposition to the ordinance. She objected to high density residential development in prime commercial property. This would result in an irrevocable change to the character of Wheat Ridge. For the record, Ms. Sang asked to know the maximum number of dwelling units for the property. Mr. Johnstone explained they did not regulate density in a numeric way but it is based on minimum open space requirements, maximum numbers of stories (4), and parking requirements. It is unknown what Renewal Wheat Ridge has planned but based off of these requirements a ballpark figure could be anywhere from 250 to 500 units. For the record, Mr. Reinhart asked for confirmation that no property will be rezoned without the owner's consent. Mr. Johnstone confirmed that no property would be rezoned without the owner's consent. Mayor DiTullio closed the public hearing. City Council Minutes Page 3 Motion by Mrs. Sang to approve Council Bill No. 19-2010 (Ordinance 1474) on second reading and that it take effect 15 days after final publication; seconded by Mr. Reinhart; carried 7-1 with Mr. DeMott voting No. DECISIONS, RESOLUTIONS, AND MOTIONS 2. Motion to Approve Contract Award to Entelechy, LLC in the Amount of $67,250 for a Traffic Impact Study and Roadway Design Analysis for 38th Avenue and Preparation of a 38th Avenue Corridor Plan. Motion by Mrs. Jay to approve Contract Award to Entelechy, LLC in the Amount of $67,250 for a Traffic Impact Study and Roadway Design Analysis for 38th Avenue and Preparation of a 38th Avenue Corridor Plan; seconded by Mrs. Sang; carried 6-2 with Mr. DeMott and Mr. Stites voting No. 3. Motion to Encumber Funds for WRTV8 2011 Videographer Services in an Amount not to exceed $39,400 to I.O.T.K. Media. Motion by Mr. Stites to encumber funds for WRTV8 2011 Videographer Services in an amount not to exceed $39,400 to I.O.T.K. Media; seconded by Mr. DeMott.; carried 8-0. 4. Motion to approve Contract Award to Mile High Design Building Contractors, Inc. in the amount of $39,500 for Demolition of the House and Abatement of Code Violations at 11480 W. 44th Avenue. John Dudgeon anticipates his acquisition of the property to occur between Dec. 24 and Jan. 6, 2011 . He requested additional time to go over bids to obtain the most reasonable price for clearing the property. He requested bid information from those who have already bid in order to expedite the process. He also requested that January 31 be the deadline for beginning rather than completion of demolition. Motion by Mrs., Langworthy to approve the contract award to Mile High Design Building Contractors, Inc. in the amount of $39,500 for demolition of the house and abatement of the code violations at 11480 West 44th Avenue; such approval to be effective January 31 , 2011 , unless demolition and abatement by the then-current property owner has been completed by that date, as determined by the Community Development Director, in which case the contract award shall not become effective; seconded by Mrs. Sang. Motion by Mrs. Adams to amend Mrs. Langworthy's motion to state: "completed, or substantially commenced, by January 31 "; seconded by Mrs. Langworthy; carried 6-2 with Mr. DeMott and Mrs. Sang voting no. The main motion carried 6-2, as amended, with Mr. DeMott and Mrs. Sang voting no. City Council Minutes Page 4 5. Resolution 64-2010, amending the 2010 Open Space Fund 32 in the amount of $199,151 for the Purpose of accepting Community Development Block Grant Funds and awarding a contract to Recreation Plus, LTD" Golden, CO for the purchase of Playground Equipment. Motion by Mrs. Jay to approve Resolution 64-2010 amending the 2010 Open Space Fund 32 in the amount of $199,151 for the Purpose of accepting Community Development Block Grant Funds and awarding a contract to Recreation Plus, LTD., Golden, CO for the purchase of Playground Equipment; seconded by Mrs. Langworthy; ca rried 8-0. 6. Motion to approve payment to Recreation Plus, LTD. In the amount of $52,295 for the purchase of Playground Equipment for Randall Park. Motion by Mrs. Jay to approve payment to Recreation Plus, LTD. in the amount of $52,295 for the purchase of Playground Equipment for Randall Park; seconded by Mrs. Sang; carried 8-0. 7. Motion to appoint an alternate member to the Board of Adjustment. , Motion by Ms. Berry to appoint Russ Hedden as an alternate member of the Board of Adjustment; seconded by Mr. Davis; carried 8-0. EXECUTIVE SESSION Motion by Mr. Reinhart to move to an Executive Session to conference with the City Attorney under Charter section 5.72(b) and C.R.S. section 24-6-402(4)(f) CRS specifically for consideration of City Manager employment agreement and further move to continue the regular meeting at the conclusion of the Executive Session to take any further action deemed necessary; seconded by Mrs. Sang; carried 8-0. Executive session was held at 8:44 p.m. The regular meeting was reconvened at 9:33 p.m. Motion by Mr. Davis to amend the June 19, 2010 employment agreement of the City Manager as follows: (1) Extend the "initial term" in Section lI(a) to end on June 19, 2011; (2) Extend the performance evaluation date in Section VII (a) to read "June 19, 2011 "; (3) Amend the residency requirement of Section XXI(b) to read "June 19, 2012," (4) Along with other such conforming changes as determined necessary by the City Attorney to accomplish the three amendments above. Seconded by Mrs. Adams; carried 8-0. City Council Minutes Page 5 CITY MANAGER'S MATTERS As the next Council meeting is not scheduled until January, Mr. Goff wished everyone a Merry Christmas and Happy Holidays. CITY ATTORNEY'S MATTERS Mr. Dahl intends to bring forth an ordinance regarding flood plain issues with Council's permission. More specifically, there is currently a requirement that would not permit an existing residential structure to be rebuilt or rehabilitated in a flood plain zone once it were abandoned for any period of time. Mr. Dahl stated there are minor changes needed to the City's Sales Tax collection codes with respect to Informal Hearings. The City code does not match the State of Colorado's regulations. Mr. Dahl will present the necessary changes to Council at a future Council meeting. ELECTED OFFICIALS' MATTERS Motion by Mrs. Jay to direct staff to bring forward the following Resolution to the second business meeting of January 2011 : A supplemental budget appropriation in the amount of $15,000 from the general fund reserves to provide the necessary funds to allow the Wheat Ridge Rotary to donate $10,000 to the Mayor's Art Initiative and to contribute $5,000 for a proposed dog park to be located either/or in Fruitdale, Prospect or another location based on further community input. The Wheat Ridge Rotary will reimburse the City over a 5-year period at $3,000 per year. Funds would be used for construction of the park perimeter fence or an additional enclosure within the dog park for small dogs or puppies; Seconded by Mrs. Sang; carried 8-0. Mrs. Sang wished everyone a Merry Christmas and a Happy New Year. Mrs. Langworthy wished everyone a safe and Happy Holiday. Mr. Stites mentioned the Woodchucks, who are retired woodworkers with a shop near 38th and Ames, have made over 900 toys to give away for Christmas. Further, Mr. Stites encouraged business and home owners to relocate to Wheat Ridge and he encouraged citizens to offer a place to stay during the holidays to college students who are unable to go home during this time. Lastly, he encouraged citizens to find it and buy it in Wheat Ridge. City Council Minutes Page 6 Mrs. Adams presented a plaque from Wheat Ridge 2020 to the City Council and requested the City Clerk to have it framed and placed in the City offices. Mrs. Berry announced an event where there will be a presentation by Denver Urban Gardens. She also handed out copies of a proposed council rule change to be considered at the next meeting as follows: Fiscal Notes. Prior to any item being placed on the agenda, the City Manager shall prepare a brief explanatory .note that shall include a reliable estimate of the anticipated change in expenditures or revenues to the City and whether such expenditures or revenues shall be recurring in nature during future budget years. This shall include any principal and interest payments required to finance expenditures. The note shall be known as a "fiscal note". Mayor DiTullio expressed appreciation to the Rotary Club for their support of Wheat Ridge. He also encouraged parents to immunize their children and noted that a student at Wheat Ridge has been diagnosed with whooping cough. He announced that Wheat Ridge Lanes and Pietra's Pizza are sponsoring a luncheon and bowling day for students at WRHS. He also mentioned that Clancy's has reopened at 38th and Kipling and is doing well. He wished everyone a Merry Christmas and happy holidays and Happy New Year. ADJOURNMENT Meeting adjourned at 9:52p.m. Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON January 10, 2011 BY A VOTE OF __ to __ Tracy Langworthy, 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 Cilyof p WheatR@ge ITEM NO: iA. DATE: January 10, 20 II REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT IN THE AMOUNT OF $80,685 TO DESIGN CONCEPTS, INC. OF LAFAYETTE, CO, FOR THE PURPOSE OF PREPARING THE DESIGN AND CONSTRUCTION DOCUMENTS FOR PHASE III OF DISCOVERY PARK o PUBLIC HEARING [g] BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING o ORDINANCES FOR 2ND READING QUASI-JUDICIAL: DYES P, ks and Recreation Director City Manager ISSUE: Discovery Park was designed for construction and funding in three phases. Phase I and II were completed in October 20 I O. Phase III is planned for completion in 20 II and funding is appropriated in the Conservation Trust Fund and Open Space Fund budgets. Phase III includes a skate park constructed of recessed concrete bowls, a shade shelter located at the skate park, a permanent restroom structure, climbing wall and landscape maze. The landscape architect firm of Design Concepts, Inc. of Lafayette, CO, was contracted for completion ofthe ofthe Master Plan, Phase I and II design, construction documents and observation, and is recommended for preparation of the design and construction documents for Phase III of the park. This contract award includes the services of the following vendors; I) Design Concepts, Landscape Architect, 2) JV A, Structural and Civil Engineering, 3) Frontier Surveying, 4) RMH Group, Electrical Engineer, and 5) Hines Irrigation Consultants. Council Action Form January 10, 20 II Page 2 PRIOR ACTION: A construction contract was awarded in January 20 I 0 to Golden Triangle Construction for the construction of Phase I and II of Discovery Park. A resolution for the submittal of the 20 II Jefferson County Joint Venture Grant for Discovery Park Phase III was approved by City Council at the November 8, 20 10, meeting. FINANCIAL IMPACT: The estimated budget for Phase III of the park is $1,0 I 0,427 and includes design and construction document preparation fees. This contract award also includes the services of the following vendors: I) Design Concepts, Landscape Architect, 2) JV A, Structural and Civil Engineering, 3) Frontier Surveying, 4) RMH Group, Electrical Engineer, and 5) Hines Irrigation Consultants. A Joint Venture Grant has been submitted to Jefferson County Open Space in the amount of $275,000 for Phase 1II of Discovery Park. It is anticipated that this grant request will be funded. Funds are appropriated in the Conservation Trust Fund 54 and Open Space Fund 32. By legislation, funds from these two special funds may only be used for Park and Recreation purposes. The revenue from the lottery and the Y, cent county open space tax are the source of the funds respectively for these two special funds. BACKGROUND: Discovery Park located on the southeast intersection of 38th and Kipling, was purchased in 2000 with City of Wheat Ridge and Jefferson County Open Space Funds for the purpose of providing a neighborhood park. This area of Wheat Ridge has been identified in the Parks and Recreation Master Plan adopted in 2006 as an area in need of a neighborhood park. After a comprehensive public input process, the Outline Development Plan for the site was amended with a Park Master Plan. As outlined in a staff report at the December I, 2008, study session the next step in the process for completing construction of the park was to award a contract for design development and construction drawings through Phase I and Phase II of construction, with Phase III to to be constructed in 2011. RECOMMENDATIONS: Staff recommends award of this contract for Phase III of Discovery Park. RECOMMENDED MOTION: "I move to approve payment in the amount of $80,685 to Design Concepts, Inc. of Lafayette, CO, for the purpose of preparing the design and construction documents for Phase III of Discovery Park." Or, Council Action Form January 10, 2011 Page 3 "I move to deny payment in the amount of$80,685 to Design Concepts, Inc. of Lafayette, CO, for the purpose of preparing the design and construction documents for Phase 1lI of Discovery Park." REPORT PREP AREDIREVlEWED BY: Joyce Manwaring, Parks and Recreation Director A TT ACHMENTS: 1. Design Concepts, Inc. proposal 2. Fee Schedule 3. N A Civil Engineer proposal 4. N A Structural Engineer proposal 5. Hines Irrigation Consultants proposal 6. RMH Electrical proposal 7. Frontier Survey proposal 211 North Public Rd. Suite 200 Lafayette, CO 80026 tel. 303.664.5301 fax 303.664.5313 November 19, 20 I 0 Joyce Manwaring Director, Parks and Recreation 4005 Kipling Street Wheat Ridge, Colorado 80033 Re: Discovery Park Phase 01 Dear Joyce: We are pleased to submit our proposal for design and construction observation services for the third phase of Discovery Park in Wheat Ridge. Our design team for this project will include Carol Henry, Project Principal and Erik Spring, Project Manager. Constants will include JV A Consulting Engineers (civil and structural engineers), Hines Irrigation Consultants (air gap system), Frontier Surveying and The RMH Group (electrical engineers). We would like to offer the following proposal for our services: Basic Services DESIGN DEVELOPMENT Based upon the original master plan, Phase I and II construction documents and team input, we will prepare design development drawings for City of Wheat Ridge review. We will provide the following services: • Prepare design development site site plan showing the skate park and shelter, gateways (3), discovery maze, climbing wall, prefabricated restroom building, sandblasting, landscaping, site furnishings and air gap system for irrigation • Prepare preliminary details for site features • Provide grading plan for site improvements • Prepare preliminary cost estimate • Meet with City to review submittal • Prepare schedule for project • Prepare a survey with I' contours of area where skate park and children's maze will be developed. Survey will extend to side of walk opposite of proposed improvement. Attachment 1 • Skate park design will be by skate park design firm under separate contract. We will coordinate with design firm to incorporate their layout into site plans, include their drawings and details in our set, and provide input into overall design to best represent the City of Wheat Ridge 's needs. CONSTRUCTION DOCUMENTATION Based upon design development drawings, we will complete details and prepare construction documents. We have assumed that no significant changes will be made after approval of the design development phase. Submittals for 75%, 95% and bid sets are anticipated. One set of construction documents will be provided for this third phase of construction. Our team will: • Provide design and detail for site improvements as listed above • Provide design and detai I for all landscape elements. • Provide final irrigation plans and details. • Provide a modified grading plan • Provide utility plans for storm, water and sanitary sewer (gas not included) connections to existing utilities • Coordinate with local utilities for plan approvals • Provide electrical plans for lighting and electrical at shelter and restroom • Provide structural engineering for skate park and gateways • Provide technical specifications • Attend review meetings for each submittal • Prepare building permit submittal for shade shelter, gateways and restroom • Prepare drainage letter amendment for the original Phase IJ I Drainage Report (JV A) • Provide a Storm Water Management Plan and Erosion Control Plan BIDDING • Attend pre-bid meeting and bid opening • Answer contractor's questions • Prepare addenda for distribution by City of Wheat Ridge • Review contractor's bid documents and check references as necessary SERVICES DURING CONSTRUCTION & AS-BUILT DRAWINGS This phase is for continued site services during construction. • Site visits (Landscape Architect: up to 12 visits with reports, Civil Engineer: up to 5 visits with reports, Structural Engineer: 2 site visits with report, Electrical Engineer: I site visit with report, Irrigation Consultant: 2 site visits with report) • Review shop drawings • Review change order pricing • Review payment requests • Respond to requests for information • Provide sealed letter of compliance by structural engineer • Prepare punch list at site work completion • Attend II-month warranty walk through (Design Concepts) • Prepare as-built drawings (all consultants) BILLING Invoicing will be monthly and will not exceed the total fee quoted for Basic Services plus any additional meetings and reimbursable expenses unless authorized. REIMBURSABLE EXPENSES Reimbursable items include delivery, printing, and reproduction to be used outside our office will be in addition to the lump sum fee. An estimate is included in the fee proposal. ADDITIONAL SERVICES Services not included in Basic Services listed above, but which may become necessary in the course of the project will be billed as Additional Services on an hourly basis as is in accordance with the attached Schedule of Fees. Such items include additional design during construction, testing, and inspection. You will be notified when Additional Services are required and an estimate will be provided prior to beginning work. FEE PROPOSAL DESIGN CONCEPTS Design Development Construction Documents Building Permit/Submittals Bidding Construction Observation & As-Builts Total Design Concepts Design Fees Estimated Reimbursable Expenses Total Estimated Design Concepts Fees JVA-CIVIL Design Development & Review Services Construction Documents $ 7,175.00 $28,530.00 $ 2,500.00 $ 3, 195.00 $15.500.00 $56,900.00 $ 785.00 $57,685.00 $ 2,000.00 $ 5,000.00 Construction Observation & As-Builts Total JV A Civil Design Fees Estimated Reimbursable Expenses Total Estimated JV A Fees JV A -STRUCTURAL Hines Irrigation Consultants Total Hines Irrigation Design Fees Estimated Reimbursable Expenses Total Estimated Hines Fees RMH Group Total RMH Group Fees Frontier Surveying TOTAL DESIGN FEES W/O REIMBURSABLES TOTAL DESIGN FEES W/REIMBURSABLES $ 2,000.00 $ 9,000,00 $ 500.00 $ 9,500,00 $ 3,800,00 $ 3,000,00 $ 250.00 $ 3,250,00 $ 4,950,00 $ 1,500,00 $79,150,00 $80,685,00 The Design Concepts team looks forward to being a part of this project. Carol Henry, RLA, A Principal January 20 II The following is an outline of the schedule of fees used by DESIGN CONCEPTS for billing purposes. These fees are in effect for all services rendered unless other terms have been negotiated. Principal Landscape Architect ......................... $125.00 Associate Landscape Architect ....................... $1 05.00 Sr. Project Manager .............................. ............... $90.00 Project Manager ................... ............................... $80.00 Landscape Designer ................ .. ......................... $70.00 Designer/Intern ............ .. ..................................... .. $40.00 Administrative Staff .......... ....................... ............ $45.00 Transportation Expenses Mileage $ .50 Reimbursement Costs Postage/Shipping/Courier Prints. Reproductions. Scanning Direct Expenses Outside Consultants At cost At cost At cost Any consultants required to perform the work are charged at cost plus a 10% administrative fee. Terms Payment for services rendered is billed monthly on the 5th day or at the termination of the project. Payment is due within thirty days of billing date. Attachment 2 www.dclo.net November 30, 2010 Ms. Carol Henry, Principal Design Concepts 211 North Public Road, Suite 200 Lafayette, CO 80026 Re: Discovery Park -Skatepark Phase located in Wheat Ridge, Colorado Letter Agreement for Civil Engineering Subconsultant Services Dear Carol: .NA, IncoIporated 1319 Spruce Street Boulder, CO 80302 Ph: 303.444.1951 Fax: 303.444.1957 Toll Free: Bn.444.1951 Web site: www.jvajva.com E-mail: Info@jvajva.com N A, Inc. (N A) has estimated the scope of work and associated fees required to provide civil engineering services to Design Concepts (CUENT). The estimated scope and fees are for the Skatepark Phase within Discovery Park as part of your contract with the City of Wheat Ridge. SCOPE OF WORK NAhas recent experience with the City of Wheat Ridge review submittal process and understands the anticipated level of reporting and coordination required for access, drainage, utilities and erosion control. We have assumed in this scope of work that the City will require a Skatepark Phase letter amendment to the approved Park's original Phase ill Drainage Report. The previous design provided detention and water quality facilities to serve the Skatepark Phase of development. N A previously provided design for utility service connections (Domestic Water and Sanitary) for the bathroom facility planned for this phase. Additionally, onsite storm sewer is available to convey storm flows from this phase. Offsite utility main design is not included a part of this proposal. If requested we can provide a sanitary sewer service for a proposed drinking fountain to be placed near the Skatepark. ' JV A has contacted Kim Medina with Consolidated Mutual water, who in tum contacted Denver Water. She stated the bathroom facility was approved with the previous design. We will not be required to submit any drawings for an additional drinking fountain to serve the future skate park. They request the contractor contact Ed Romero prior to connections to the domestic water line. JV A has also contacted Kim Dahlin with Westridge Sanitation District. If a drinking fountain is added they will need appropriate sanitary sewer service construction plans. Should this not be required they would like to verify bathroom plans prior to plan approval and connections. They requested they be copied on our submittals to the City of Wheat Ridge. For purposes of this proposal, we have included Basic Services for the development of the Skatepark. If additional roadway and utility infrastructure is required, we have assumed that this will be considered additional services. Based on this information and our understanding of the design and efforts required for the park facilities, the civil engineering services anticipated for this project include the following tasks: Attachment 3 BOULDER FORT COLLINS WINTER PARK Design Development Phase & Review Submittals Wheat Ridge, Discovery Park -Skatepark Phase November 30, 2010 Page 2 of4 I. JV A will assist the CLIENT with the City review process, but have not included preparation of cover sheets and applications. 2. JVA will refine the grading relative to the Skatepark to the one-foot contour interval. We will provide final design access from the existing sidewalk connections; however, it is assumed that CLIENT will provide site layout drawing files. We have assumed the previous contractor will provide appropriate as-built grades for connection and have not included a design survey of this area. We can provide additional topography if requested, as an additional service. 3. Site drainage and erosion control systems will be designed including storm water connection to existing facilities. JV A will prepare and submit the final drainage letter required by the City of Wheat Ridge and assist the CLIENT in the City's review process. We will also submit site improvement drawings drawings and appropriate calculations to for the City to review. 4. Specifications and cost estimates will be provided for this stage of design. We will update the earthwork calculations resulting from the refined grading. Two coordination meetings with the CLIENT are anticipated. Construction Documents 5. JV A will continue to refine the grading from the design development to the final grading required on the site with critical spot elevations provided. 6. Storm sewers will be detailed in this phase and final earth work calculations will be reported. A stormwater management plan and erosion control plan will be prepared. 7. As with other Design Concept projects, it is assumed that Design Concepts will provide details for site features other than drainage and utilities. N A will finalize the design of the sidewalk connections to the Skatepark site and produce a horizontal control plan with signage as necessary based on CAD drawings provided by others. 8. JVA will produce the technical specifications for pertinent civil engineering sections and update the construction cost estimate. We will attend three coordination meetings with CLIENT, and other project team members to complete the document review process. 9. JV A will attend coordination meetings with Design Concepts, City of Wheat Ridge Parks & Recreation Department, and other project team members to complete the standard threephase review process, and update the cost estimate for civil components. N A will produce technical specifications for pertinent civil engineering sections. BOULDER FORT COLLINS WtNTER PARK Bidding and Construction Services Wheat Ridge. Discovery Park · Skatepark Phase November 30, 20 JO Page 3 of 4 10. IVA will assist in the bidding process with addendum preparation and attend the pre-bid conference, if necessary. Services during construction comprise of the review of product submittals, change order documentation, and response to contractor information requests for civil related items. Five site visits will also be included during the work progress, but we do not propose to replace Town inspection staff. IVA will produce a civil related punch list, and prepare construction record drawings from contractor submitted records. We have assumed that the CUENT will provide the lead on all the bidding and construction services for this phase of the project. Reimbursable Expenses II. Anticipated reimbursable expenses will include mileage for site visits during design and construction, reproduction expenses, and courier or delivery charges. A maximum amount has been included for budgeting purposes. BASIS OF PAYMENT The basis of payment for the above-described scope of work will be monthly billings based on a percentage of lump sum completed to date, plus reimbursable expenses. This amount will not be exceeded without written authorization of the CLIENT. Basic Civil Engineering Services Design Development & Review Services Construction Documents Bidding and Construction Services Estimated Reimbursable Expenses TOTAL LUMP SUM FEE $ 2,000 $ 5,000 $ 2,000 $ 500 $ 9,500 These fees are based upon the above assumptions and our discussion to date. Services resulting from significant changes to the project scope, including platting or rezoning, efforts to obtain advanced building or grading permits from the City of Wheat Ridge, extensions of water, sanitary, or other utilities not included above, and added submittals or public hearings required for review and approval, will be considered additional services and may require extension of the time scheduled for our work. SCHEDULE: IVA can begin working with your team immediately to meet the required deadlines of the City of Wheat Ridge Parks & Recreation Department. If you are in agreement with the scope of this letter please indicate by signing below and returning a copy to this office as our authorization to proceed. We look forward to working together with the Design Concepts team on this project. BOULDER FORT COLLINS WINTER PARK Sincerely, IV A, Incorporated Wheat Ridge, Discovery Park -Skatepark Phase November 30, 20 I 0 Page 4 of 4 By: ;5IOf.ii-J ~ IV'~ ={ ~~ By: ---S-co-tt-A-. -W-e-is-b-e-ck-,-P-.E-.--PrincipalIVice President Senior Project Manger Attachments: General Conditions Accepted by: DESIGN CONCEPTS Title Date BOULDER FORT COLLINS WINTER PARK M E M o Ii! JVA, Incorporatod 1319 Spruce Street Boulder, CO 80302 Ph: 303.444.1951 Fax: 303.444.1957 OJVA,1nco!po<aIod 25 QIj T""" Squate, SIe. 200 Fort Collins, CO 80524 Ph: 970.225.9099 Fax: 970.225.6923 OJVA,1ncooponIIod POBox 1860 79050 US Highway 40 Winter Park, CO 80482 Ph: 970.722.7677 Fax: 970.722.7679 Website: www.jvajva.com E-mail: Info@ivajva.com TO: Carol Hen RLA ASLA DATE November 30, 2010 FIRM: Oesign Concepts JOB NO. 14838 ADDRESS: 211 N. Public Road, Suite 200 PROJECT: 38'" & Kipling Pari< Lafayette, CO 80026 Structural Fee Proposal Dear Carol: We have reviewed the information regarding the final phase of the 38th & Kipling Park Project in Wheat Ridge, CO. JVA's sc~e of work described below has been based on a review of information as provided in your em ails sent on November 18th, 22 and 30". • Provide full structural engineering services (foundation & structure design) for three (3) gateway structures to be installed at park entrances. It is our assumption that soils information is available or recommendations for suitable foundation types will be provided by a Soils Engineer. Design and detail a 30-inch wall extension to an as-built concrete retaining/climbing wall. As-built wall and footing shall be analyzed under additional climbing wall loading. Structural information shall be redlined on wall detail provided by Design Concepts. • Review skate park details and red line structural information on details provided by Team Pain. Review and coordination during preparation of final Construction Documents. • The fixed Base Fee below is for full structural services through completion of Construction Documents, Bidding, and Construction Administration. During Construction Document phase, JVA shall design and draft typical gateway foundation and superstructure details on structural drawings. Architect shall be responsible for overall layout dimensions that shall be reflected on landscape drawings. Structural drawings shall include structural General Notes. Scope under Base Fee includes building permit and response to building department comments, shop drawing review, and construction coordination. JVA has included a total of two (2) Site Visits during Construction Administration phase that shall be conducted to verify construction has been completed in accordance with the Construction Documents. Upon satisfactory completion of construction, a signed and sealed letter of compliance shall be issued. • Expenses for reproduction beyond usual coordination, travel and express delivery shall be billed at cost plus a 1.10 markup. JVA has estimated these expenses below. Fee breakdown is as follows: Three (3) Gateways Retaining Wall Extension Skate Pari< CD Phase Fee BN/CA Phase Fee Total Structural Fee for 38th & Kipling Park Project = Estimate ofTotal Expenses -$150 Please call if you have questions and we look forward to working with you. $1,200 $400 $800 $2,400 $1 ,400 $3,800 plus Expenses Si ned: Copies to: Ryan C. Spalding, P.E. Project Manager ATTACHMENT 4 • f-!!';:L{S Consultants July 27, 2010 Mr. Erik Spring DESIGN CONCEPTS 21 IN. Public Road Lafayette, CO 80026 Corporate Headquarters 323 West Droke Road, Suite 204 Fort Col/ins, CO 80516 Phone: 970-282·1800 Fax: 970-226-4662 RE: IRRIGATION PUMP STATION POTABLE BACKUP DESIGN PROPOSAL, 3STH & KIPLING, WHEAT RIDGE, CO Erik: I am pleased to present the following proposal for construction costs estimate and design of a potable backup system for a non-potable irrigation pump station. Local ordinance do not allow the direct connection of a potable water supply to a non-potable irrigation system. The potable backup supply must have a back flow preventer and air gap prior to delivery to the irrigation water supply vessel. SCOPE-OF-WORK Task \ -Construe tion Documents $\ ,SOO IJ We shall develop Construction Documents for a potable backup water delivery system with air gap to an wet well or pumping system that shall be reviewed and acceptable to Denver Water. IJ The design and specifications will include pipe sizing and routing, dimensioning of equipment in wet well, and fabrication of metal grates and diffusers. CJ Design oflevel sensing equipment and valves for automatic modulation and control of potable water delivery to the irrigation pump station. IJ We shall provide notes on connections for system overflow and potable supply. IJ Deliverables: a 20-scale, 24" x 36" Construction Document drawing sheet and system speci ficatians. All final construction documentation, including specifications shall be approved by the project Owner's Representative prior to issuance for bidding Task 2 -Construction Services $\,200 [J Participation in a pre-construction telephone conference to answer Contractor questions and to provide clarification to bid documents as required. o Review of shop drawings, and material submittals, comment, fe-review and approval for construction. o Two visits to the site during irrigation in stallation to observe construction and to become generally familiar with the progress and quality of the contractors work. We shall provide a written report after the site visit. IJ Conduct final walk-through with Contractor to observe completeness of installation and compliance with "punch list" items. Corporate HeadquarterS/Colorado Office: 323 West Drake Rd, Ste 204, Fort Collins, CO 805261 Phone: 970.282.18001 Fax: 970.226.4662 ATTACHMENT 5 IRRIGATION PUMP STATION POTABLE BACKUP DESIGN PROPOSAL, 38T11 & KIPLING, WHEAT RIDGE, CO July 27, 20 I 0 Page 2 Additional Services If requested by the Owner's Representative, we will make additional visits to the site during construction to observe progress by the Contractor. A field report will be developed afier each visit documenting verbal communication with the Contractor and listing deviations from the contract documents. These services will be charged at our hourly billing rate of$75. Estimate of Reimbursable Expenses $250 o Drawing plots produced either by our office or outside plotting service o Travel to and from site o Project Management/Administrative tasks We request written approval to proceed with this project. Our fees and reimbursable expenses for these services will not exceed $3,250 without written approval. Refer to Attachment A for a detailed list of our General Conditions. If you are in agreement with the fee and services proposed, please promptly sign and return a duplicate original ((please sign below and on the bottom of Attachment A). Please call with any questions or comments. I look forward to working with you on this project! Kind Regards, AGREED TO BY: Hines Irrigation Consultants, Inc. DESIGN CONCEPTS Representative Ed Price Authorized Signature Date Project Engineer Corporate Headquarters /Colorado Office: 323 West Drake Road, Suite 204, Fort Collins, Colorado 80526 /Phone: 970.282.1800 /Fax: 970.226.4662 IRRIGATION PUMP STATION POTABLE BACKUP DESIGN PROPOSAL, 38T11 & KIPLING, WHEAT RIDGE, CO July 27, 2010 Page 3 ATTACHMENT A: GENERAL CONDITIONS I. Contract Payment Terms -DESIGN CONCEPTS [hereafter referred to as The Client] accepts the following terms of payment to Hines Irrigation Consultants, Inc. [hereafter referred to as Hines]: • Hines will submit monthly invoices dated a few days prior to The Clients normal invoicing cycle date. Hines Payment Terms are due in full on receipt of invoice, with aging beginning approximately 10 days after invoice date. • The Client agrees that 'Pay-when-Paid' only applies to Hines when the unpaid invoice has been submitted by The Client to the Owner in a timely manner, and prompt payment of the invoice has been deliberately pursued by The Client. If these two (2) conditions have not been met, The Client agrees to pay the Hines invoice on-demand after 60 days past invoice date, and agrees to pay simple interest on each invoice balance at a rate of 1.5% per month calculated calculated from 40 days after invoice date. • If payment is withheld by the Owner due to a dispute over performance of the contract terms not related to Hines work, The Client will not withhold payment on the Hines portion of the invoice. • If an attorney is retained to collect an overdue debt, Hines will be reimbursed for all attorney fees and costs. 2. Hines or its representatives are not responsible for job site safety, or for the construction means, methods, techniques, or appropriateness of the installation procedures undertaken by any contractor. 3. Substitution of equipment or specified products is permitted only by written approval of the Irrigation Designer. 4. Hines is not responsible for the identifying, locating, discovering, removal or treatment (remediation) of any hazardous waste, known or unknown at the site; or for the consequences of any hazardous waste materials at the site, including but not limited to asbestos and PCB's, as well as materials not yet known as hazardous. 5. Hines is not responsible for determining and marking the location of any underground pipes, wires, conduits, cables, or structures such as gas lines, fiber optics, irrigation or septic systems or any other items which may exist below the surface of the ground. 6. As-built drawings are required to be submitted to the Owner's Representative by the Irrigation Contractor upon completion of the installation. 7. The Client acknowledges the Consultant's construction documents, including electronic files, as instruments of professional service. Nevertheless, the final construction documents prepared under this Agreement shall become the property of The Client upon completion of the services and payment in full of all monies due to the Consultant. The Client shall not reuse or make any modification to the construction documents. 8. The Client agrees to indemnifY and hold Hines, its directors, officers, employees, and agents, harmless from and against any claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees, arising out one or more of the following conditions: • Unauthorized reuse or modification of the drawings, specifications, and other documents by The Client or any person or entity that acqu ires or obtains the plans and specifications from Corporate Headquarters 1 Colorado Office: 323 West Drake Road, Suite 204, Fort Coliins, Colorado 80526 1 Phone: 970.282.1800 1 Fax: 970.226.4662 IRRIGATION PUMP STATION POTABLE BACKUP DESIGN PROPOSAL, 38T11 & KIPLING, WHEAT RIDGE, CO July 27, 2010 Page 4 or through The Client. • Construction Observation Services (CA) are not approved by The Client under this or subsequent letter of agreement that would specifically contract Hines staff during construction to observe and document Contractor compliance or non-compliance with the project contract documents. • After approving CA services, The Client does not notity Hines personnel that project construction has begun, thus hampers the timely performance of services. 9. Hines is not responsible for changes in design schedules (time extensions) due to circumstances beyond our direct control, such as flood, tornado, earthquake, or other events of nature, or due to untimely receipt of approvals, submittals, shop drawings, or critical information from others such as base drawings, soil analysis reports, and similar documents. 10. Hines Irrigation consultants, Inc.'s home office is in Fort Collins, Colorado. This contract shall be interpreted under the laws of the State of Colorado. The initial attempt to address claims, disputes or other matters in question between the parties to the Agreement arising out of or relating to th is Agreement or breach thereof shall be by formal mediation. If the claims or disputes cannot be resolved by this form of contract dispute resolution, relief through the court system shall be sought. The parties consent to the jurisdiction of the District Court for Larimer County, Colorado. I I. Hines will endeavor to design in general compliance with non-conflicting laws, codes, and ordinances in effect at the time of signing of the contract, and agrees to perform its services in accordance with the professional standard of care. 12. Review of submittals, shop drawings and other documentation shall be for the purpose of determining general conformance with the design concept expressed in the construction drawings and shall not be for the purpose of determining the accuracy or completeness of details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment, all of which are the responsibilities of the contractor. 13. This proposal is automatically revoked if not accepted in writing within, 60 days of its date. Please call with any questions or comments. If you are in agreement with the above general cond itions, please sign and return a duplicate original. I look forward to working with you on this project! Kind Regards, AGREED TO BY: Hines Irrigation Consultants, Inc. DESIGN CONCEPTS Representative Ed Price Authorized Signature Date Project Engineer Corporate Headquarters /Colorado Office: 323 West Drake Road, Suite 204, Fort Collins, Colorado 80526 /Phone: 970.282.1800 /Fax: 970.226.4662 ENGINEERING CONSULTING November 30, 20 I 0 Ms. Carol Henry Design Concepts 211 North Public Road, Suite 200 Lafayette, Colorado 80026 Re: City of Wheat Ridge (Owner) -Discovery Park, Phase 3 RMH Proposal No. 88177 Dear Carol : The RMH Group, Inc. 12600 West Colfax Ave. Suite A-400 Lakewood. CO 80215 303/239-0909 FAX 303/235-0218 Mechanical Electrical Indllstrial Process J n slnlmClltn ti Oil/COli troIs £llergy Services We will be pleased to provide electrical consulting engineering services upon your acceptance of this proposed contract between The RMH Group, Inc. (Engineer) and Design Concepts (Client). Scope of Services Engineer will provide electrical and lighting design and construction administration services for Phase 3 of the new Discovery Park located at 38th Avenue and Kipling Street in Wheat Ridge, Colorado. Engineer's services will include: Electrical power and lighting design for one shelter at the new skate park Electrical power connection for a pre-fabricated restroom Design submittals in electronic format: 75% and 100% construction documents and bid set Opinion of probable cost at 50%, 75%, and 100% design completion Construction administration services limited to submittal review, responses to RFls, final site observation and punch list, and electrical record drawings based on contractor-provided red lines, upon which Engineer will rely Services Not Included Communications service conduit to the site Attendance at meetings Engineer's Fee The fee for the work described in the Scope of Services above will be a lump sum of$4,950. Project Schedule The work described in the Scope of Services above, exclusive of construction administration, is anticipated to be completed in the spring of 20 II. Construction is anticipated to be completed by the end of20 II . Should the project period extend beyond 20 II, Engineer may renegotiate the contract fee. W:IPROP88\88177\CNTMSR01_DISCOVERY PARK_PHASE3.DOC ATTACHMENT 6 Ms. Carol Henry Design Concepts November 30, 20 I 0 Page 2 Additional Services The scope and cost of engineering services requested by Client that are not in the Scope of Services above will be negotiated. Terms and Conditions Engineer's General Terms and Conditions (Std-AE9, dated 02/01109) is attached and is included as a binding part of this contract. To show acceptance of this proposed contract, please sign and return the enclosed copy of this letter to us. This proposed contract is valid until January 15, 20 II, at which time it is subject to possible revision. We appreciate the opportunity to provide you with our professional services. Sincerely, THE RMH GROUP, INC. Mark S. Rudiger, LC, LEED AP Lighting Designer MSR:mak Approved by: ________ _____________ _ Robert D. Stroschein, P.E., LEED AP, Senior Vice President The RMH Group, Inc. Approved and accepted this _ ____ day of _ _________ ~, 20 I O. DESIGN CONCEPTS 8y: _______________________ _ Title: ____________ _ PLEASE SIGN AND RETURN ONE COPY. W:\PROP88\88177\CNTMSRO'_DISCOVERY PARK_PHASE3.DOC General Terms and Conditions Page 1 of4 The RMH Group, Inc. Revised 02/01/09 1. Representatiyes and Notices a. Engineer shall have a Project Manager in charge of Engineer's perfonnance of the Services. (''Services'' is herein defined as professional services.) The Project Manager shall maintain close contact with Client's representatives. All instructions, requests for changes and formal notices to Engineer shall be directed by Client's general representative, in writing, to the Project Manager. b. Client shall designate, in writing. a general representative to whom all of Engineer's requests for instructions, changes and formal notices shall be directed and from whom Engineer shall receive all instructions, requ~ts for changes, and formal no~ices made in behalf of Client. The general representative shall have authority to act for Client in all matters concerning the Project. c. All notices, instructions, change orders and other fonnal communications shall be made in writing and shall be deemed effective as as of the date arid time of receipt. d. The provisions of this general Article 1 do not preclude the transmission of routine correspondence, drawings, messages and information, pursuant to the Project. 2. Client-Furnished Data a. Client shall provide, at its expense, necessary maps, surveys, physical site data and other pertinent information required for the perfonnance of Engineer's services. b. The Services are subject to design and construction laws, codes and regulations adopted by various governmental agencies. It shall be the joint responsibility of both parties to determine the Project's requirements and to ascertain the Project's scope and proposed use. Any such determinations shall be reduced. to writing as part of the Services, and Engineer's design services shall coincide with these criteria. 3. Plans. Specifications and Drawinl:S SId·Af9 a. Engineer shall submit plans, specifications and drawings ("Documents'·) to Client for approval and shall make modifications therein requested by Oient unless unless such modifications jeopardize Engineer·s ability to fulfill its responsibilities pursuant to this Agreement. Oien!"s approval shall be indicated by a signa· ture of Clien!"s designated representative following the word "approved·' and the date of the approval, all of which shall be conspicuously displayed on each plan. specification or drawing approved. All Oient approvals shall be provided within 30 calendar days, or earlier if the schedule dictates, after receipt of the Documents or approval shall be deemed effective upon expiration of said period. The Services shall subsequently be performed in conformance with the Documents as approved. b. Engineer shall furnish a copy of the Documents to Client within 30 calendar days of Engineer·s receipt of final payment or upon termination of the Agreement. Documents prepared by Engineer for the Project are instruments of Engineer's service for use solely with respect to the Project, and Engineer shall be deemed the author of these Documents and shall retain all common law, statutory and other reserved rights, including copyright. However, upon payment in full of all amounts due Engineer for the Project, Engineer grants to Client a royalty·free license to reproduce and use the Documents for the Project. Except by agreement in writing and with appropriate compensation to Engineer, the Documents shall not be used by Client or others on other projects, for additions to the Project or for completion of the Project by others, unless Engineer is adjudged to be in default under this Agreement. The Documents are neither intended nor represented to be suitable for reuse by Oient, or others, on extensions of the Services or on any other project. Any reuse without specific written approval and adaptation by Engineer shall be at Client·s sole risk, without liability to Engineer, and Client shall indemnify and hold Engineer harmless from all loss, cost, damage and expense, including attorneys' fees, resulting therefrom. c. Specifications will be prepared and presented to Client in the standard RMH format. If Oient desires a different format, the request must be made prior to contract negotiations. If Client requests use of a dif· Page 2 014 ferent format after contract negotiations, the cost of format conversion will be billed as Additional Services. d. Projects which entail computer-generated drawings will be completed On AutoCAD in the standard RMH format. If a different computer software or drawing fonnat is desired, Client must make this known when the contract is negotiated so that feasibility, conversion, and cost can be agreed upon. e. The hard copies of Documents are the actual contract deliverables. Any copies on electronic media are for Client's convenience only. 4. Special Services Services provided by Engineer to Client for the agreed-upon compensation are set forth in the Scope of Services. Unless specified in the Scope of Services, the services listed below are not the responsibility of Engineer and adctitional compensation may be charged by Engineer for undertaking any of the listed services. Market potential of new technology Feasibility studies Energy management planning Application seminars -and training programs Client representation and expert testimony Life cycle cost analysis Solar applications Alternative fuel studies Security systems Construction management Demand controls and utility rate design Energy audits and analysis or diagnostic energy analyses Environmental planning Computer simulations Operational control systems for building Waste-powered energy cogeneration plants Heat resource recovery and utilization Off-site utilities Tenant finish Special power and lighting which deviate from building standards Special cooling, heating and ventilating which deviate from building standards Seismic design of mechanical/electrical equipment support Computer facilities Special cabling systems, patch panels, telecommunication systems Record drawings after construction Proof-of-performance or commissioning SpeCial startup assistance 5. Changes From time to time, Oient may desire changes or modifications to the Services after completion of the approved design development drawings. Upon notification thereof, Engineer shall perform such changes and be reimbursed the Direct Cost and fee attributable thereto. Compensation for such changes shall be on an hourly basis in accordance with Engineer's current standard hourly rate schedule or other method as agneed upon at the time change is requested. 6. Scheduling: and Progress Reoorts std-AE9 a. Engineer shall, if requested by Client, prepare and submit to Client an estimated schedule of engineering necessary to complete the Services by the expected completion date. b. On or before the fifih day of each calendar month while the Services are in progress, Engineer shall prepare and submit to Client a progress report, if requested by Client, containing an estimate of the total cost to complete the Services, including the effect of any approved Changes in scope made during the Page 30f4 preceding month, and a comparison of such costs with the previous estimated costs for completion of the Services and the total costs to date. 7. Re§pOI!SjbiIjty a. Engineer shall provide. in connection with the Services contemplated hereunder, the standards of care, skiU, and diligence normally provided by a professionaJ engineer in the performance of the same or similar services. In the event Engineer fails to provide such standards of care, skill and diligence, Engi~ neer shall correct any such deficient services. Engineer shall not be responsible for any cost or e~pense that provides added value or betterment, upgrade or enhancement of the project. In no event shall Engineer or Client have any liability for other damages including those arising from loss of interest, earnings, profit, use or business interruptions, or other special, indirect or consequential damages, howsoever caused and whether due to breach of contract or tort, including.negligence or otherw~. b. Engineer shall not be responsible for the methods, acts or omissions of the contractors and subcontractors nor for construction means, methods or safety precau tions in connection wi th the Services. Engineer is not responsible for ensuring the safety of the work while under construction, nor for the safety of any person on the work site. . c. Client recognizes· that neither Engineer nor its s~~msultants owe any fiduciary responsibility to Client. 8. BUJing and Inyoicing a. Progress billings shall be rendered monthly to Client and shall be due and payable not more than 14 calendar days after receipt of Owner's payment by Client for Engineer's portion of the Services. Client shall invoice Owner on a monthly basis, including Engineer's correct and timely billings to Client for that month. Oient shall notify Engineer within 14 calendar days of receipt of any billing considered incorrect or untimely. Failure to provide such notification will be deemed to mean that billings are correct and payable. Oient will exert reasonable and diligent efforts to collect prompt payment from Owner. In the case of late payments by Owner, Engineer will receive that portion of interest paid by Owner attributable to Engineer's portion of the work. Client invoice dates and Owner payment dates shall be made known to Engineer, if requested. b. Past due monies to Engineer shall accrue interest at the rate of one percent (1%) per month. All costs of collection for overdue payments, including accrued interest and reasonable legal fees, shall be recoverable and added to the amount due. c. If Client fails to make payments on overdue accounts, as described in Article 8, Engineer reserves the right to stop work progress, to stop delivery of prints and originals, and to remove Engineer's stamp from drawings until such time as payment is rendered. 9. Suspension and Tennination Std·AE9 a. Oient shall have the right to suspend or terminate all or a portion of the Services at any time upon prior written notice to Engineer. b. This Agreement shall terminate if and when Oient's contract with Owner shall terminate. Client shall promptly notify Engineer of such termination. This contract may be terminated by either party hereto upon seven calendar days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. In the event of termination due to the fault of parties other thap Engineer, Engineer shall be paid its compensation, fees, and reimbursable expenses for all services performed to the termination date. c. In the event Client shall delay or suspend the Services without terminating, Engineer shall have the option to tenninate its performance of the Services upon the expiration of six months following the date of such delay or suspension or revise the engineering fee and the attached Schedule of Hourly Rates. In addition to any other rights or remedies, Engineer shall also have the option to terminate its performance of the Services if, after prior notice, Client shall fail to make all payments to Engineer required by the terms of this Agreement. In the event of such termination, all Engineer's fees, additional fees and reimbursable costs shall be immediately due and payable as of the date of such tennination. Page4of4 10. Indemnification. Insurance and Dispute Resolution a. To the fullest extent permitted by law, Engineer and Client mutually agree to indemnify and hold each other harmless from and against all damage, liability or cost arising from their own negHgent acts, errors or omissions and the negligent acts, errors or omissions of their subconsultants in the performance of their Services under this Agreement, to the extent that each party is responsible for such damages and losses on a comparative basis of fault. b. Client agrees to limit the liability of Engineer and its subconsultants to Client, to Owner, and to all construction contractors and subcontractors on the Project, due to the negligent acts, errors or omissions of Engineer and its suoconsultants such that the total aggregate liability of Engineer and its subconsultants to all those named shall not exceed $100,000, or the amount of Engineer's total fee and compensation. whichever is greater. c. Client further agrees that, to the fullest extent permitted by law, no shareholder, officer, director, partner, principal or employee' of Engineer or its subconsultants shall have personal liability under this Indemnification provision, under any provision of the Agreement or for any matter in connection with the professional services provided in connection with the Project. d. Any action which Client may bring against Engineer regarding the Services shan be filed within two years of the date that Client discovers or, using reasonable diligence, should have discovered the physical manifestations of a deficiency which gives rise to the claim, and in all cases within the period specified by applicable law. e. Client acknowledges that Engineer is not providing any services relating to asbestos or hazardous or toxic materials ("MatE7rials"). Engineer has no liability whatsoever, including cost of defense, for damages arising out of or based on such Materials, except to the extent that damages are caused directly by Engineer's negligence. f. Engineer shall carry carry Workers' Compensation and Employers' Liability insurance as required by the applicable law, Commer~al General Liability insurance, Automobile Liability insurance and Professional Liability insurance. g. Copies of Engineer's insurance cer~ficates shaU be furnished. to Client upon ·request. h. Cost of all other or additional insurance coverage required by Client or Owner in the performance of this Agreement shan be billed to Client or Owner asan Additional Fee. i. If a dispute arises out of or relates to this Agreement, or the breach thereof, and if the said dispute cannot be settled througb. direct discussions, the parties agree to first endeavor to settle the dispute in an amicable manner by mediation before having recourse to arbitration or a judicial forum. 11. Assillllment This Agreement shall be binding upon the successors in interest and assigns of the parties, provided however that neither party hereto shall assign this Agreement, or any part thereof, without pri~r written consent of the other party hereto. 12. ControllinK Law This Agreement shall be governed by the laws of the State of Colorado. 13. Complete Agreement Std-AE9 This Agreement supersedes any and aU prior agreements between the parties hereto relating to the Services. All agreements and understandings between Client and Engineer are embodied. and expressed in this Agreemeht. This Agreement may only be modified by a writing executed by all parties. FRONTIER SURVEYING, INC. 352 Norfolk Street Aurora, CO 80011 December 2, 20 I 0 Design Concepts Carol Henry 211 North Public Road, Suite 200 Lafayette, CO 80026 RE: Proposal for Discovery Park Dear Carol: Phone: 303-3404)113 Fax : 303-3404)114 Frontier Surveying, Inc. is pleased to provide you with the following proposal to provide surveying services for the Discovery Park located at 38'" and Kipling in Wheat Ridge, CO per your request. SCOPE OF SERVICES Topographic Survey: Provide a topographic survey for the final phase of the park for the proposed skate park and playground maze area to include: visible improvements and features, trees 2" caliper or larger and a one foot contour interval based on existing project horizontal and vertical datums. DELlVERABLES Provide 3 stamped copies of the Topographic Survey and an electronic CAD file on disc. FEE The fee for the listed scope of services will not exceed $1,500 Thank you for the opportunity to submit a cost proposal for this project. Please let me know if you have any questions or need anything else. Eldon L Knoll, PLS A TT ACHMENT 7 38th & Kipling Park 12-02-10 1 of 1 1 Expenses FRONTIER SURVEYING, INC. Position STANDARD BILLING RATES 2010 PrincipaL .......... ...................................................................... ............ .. Project Manager ................................................................................... . Surveying Technician III ........................................................................ .. Surveying Technician II, CADD Operator .............................................. .. Surveying Technician I/Drafting/Survey Instrumentman .. .. .................... . Chief Surveyor, PLS ................................................ .. Survey Party Chief ............ .. .................................... .. Survey Crew 2-man -Chief Surveyor & Instrumentman . ............................................ . 2-man -Party Chief and Instrumentman ... 1-man -Chief Surveyor & GPS ........ 1-man -Party Chief & GPS ................ .. Two Wheel Drive Vehicles ................................. .. ........ .. ..................... .. Four Wheel Drive Vehicle .............. ..................................................... .. Copies Blueline ...... . Paper Sepia ............................................................... . Mylar Sepia .. ........................................................................................ .. . Plotting Paper Plots ........................................................................................... .. Paper Plots (for presentation/reproduction) .................... .. .......... . Mylar Plots ........................................................................................... .. Survey Monuments ................................ . Survey Monument Box and Cover .. . Outside expenses @cost + 10% $/Hour $150.00 $100.00 $90.00 $80.00 $70.00 $110.00 $90.00 $180.00 $160.00 $140.00 $1 20 .00 $0. 55/mile $0.65Jmile $0.30Jsq ft $.75Jsq ft $1 .80Jsq ft D /E Size $ 5.00Jeach $10.00Jeach $20.00Jeach $45.00Jeach $95.00Jeach , . , • . • Cilyof. pWheat~dge ITEMNO:~. DATE: January 10,20 11 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE PURCHASE OF TWO LARGE, COMMERCIAL LAWN MOWERS FROM L.L. JOHNSON DISTRIBUTING COMPANY IN AN AMOUNT NOT TO EXCEED $167,160 o PUBLIC HEARING o ORDINANCES FOR 1ST READING ~ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 2ND READING QUASI-JUDICIAL: 0 YES J £;-~ e:! ~ _d-Public Works Director ISSUE: Staff recommends the purchase of the following vehicles under the Multiple Assembly of Procurement Officials (MAPO) price agreement: Two 2011 Toro Groundmaster 5900-D Lawnmowers Two Toro Model 30359 Sunshades Total Cost: PRIOR ACTION: None FINANCIAL IMPACT: $82,995/ea. $ 585/ea. $167,160 The funds for the purchase of these lawnmowers are budgeted in the 2011 Public Works Department General Fund budget, account number 01-303-800-807, Fleet Replacement. The combined total approved budgeted amount for the cost of the lawnmowers with sunshades is $167,160.00 BACKGROUND: Staff recommends the purchase of of two new Toro Model 31598 Groundmaster 5900-D commercial lawn mowers with sunshades. The new lawnmowers will replace two Council Action Form January 10, 20 II Page 2 existing, high-hour 2002 Groundmaster 5800 commerciallawnmowers, units 321 and 322 in the Maintenance Division of the Parks Department. The lawnmowers are available through the Multiple Assembly of Procurement Officials (MAPO) Cooperative Price Agreement. Units 321 and 322 will be sold at auction. L.L. Johnson Distributing Company was selected by staff from a pool of potential Toro vendors based upon consistently high level of customer service demonstrated during the proposal acquisition process. RECOMMENDATIONS: Staff recommends the purchase of the following vehicles this year: Two new model year 20 II, large commercial Toro Model 31598 Groundmaster 5900-D lawnmowers with sunshades from L.L. Johnson Distributing Company, Denver, Colorado to replace two existing Toro 5800 lawnmowers in the Maintenance Division of the Parks Department. All of the equipment listed above will be purchased through the MAPO Cooperative Price Agreement. All of the equipment being replaced will be disposed of by auction. The estimated cost of the equipment for the two new lawnmowers with sunshades is $167,160. RECOMMENDED MOTION: "\ move to approve the purchase of the 2011lawnmower replacements from L.L. Johnson Company, Denver, Colorado for a total cost of $167, 160." Or, "\ move to deny approval of the purchase of the 2011 lawnmower replacements for the following reason(s) " REPORT PREP AREDIREVIEWED BY: Greg Knudson, Operations Manager Tim Paranto, Public Works Director Linda Trimble, Purchasing Agent ATTACHMENTS: I. Equipment Price Summaries 2. L.L. Johnson MAPO Toro Equipment Proposal 3. MAPO Pricing for Toro Groundmaster 5900-D CITY OF WHEAT RIDGE Specifications for two (2) Parks Dept. Large Commercial Lawnmowers (Replacement for Units 321 & 322) January 2, 2011 BASED ON MUNICIPAL ASSEMBLY OF PURCHASING OFFICALS PRICING AGREEMENT Base vehicle as bid: 2011 Taro Groundmaster 5900-D Lawnmower: $82,995.00 Factory Options 30359 Taro Sunshade for GM5900-D $ 585.00 Total Price of Factory Options: $ 585.00 Total Price of Vehicle Only with Selected Factory Options: $83,580.00 Attachment 1 12/2 1/20 10 14 : 56 FAX 3033558250 LL JO HN SON HOLLV MAPO EQUIPMENT PROPOSAL From L.L. Johnson Company Effective December 1,2010 In 2011 1.1. Johnson Distributing Company will honor two different contracts to procure Taro products. We will honor tbe City of Tucson's contract #083004 -managed by National IP A (Similar to otber cooperative purchasing contracts like US COJlllllunities ),http://www.nationalipa.org/toro.btrn I-discounts detailed below: • Toro Commercial Equipment -21.8% off of TOTO MSRP • Toro Landscape Products -27% off of Taro MSRP • Toro Dingo Products -17% off of Toro MSRP Toro irrigation pricing will be based on tbe Taro GSA contract. L.1. Johnson will need to add a 4% service fee to all procurements for Taro COUUDercial equipment. This 4% service fee offsets costs that we accrue for set-ups, services, inbound freight charges, labor to install accessories, delivery costs and we also provide full service manuals. 1. The following products do not qualifY for tbe above discounts but will be sold at tbe following discounted price -less tban 2% average increase. a. #30839 -Groundsmaster 35000-Sidewinder rotary b. #04024 -Flex21 greensmower c. #09749 -Taro ProCore Processor witb tow hitch d. #03171 -Reehnaster 31 OOD Sidewinder e. #09200 -ProCore 648 Aerator f. #09716 -Toro ProCore 1298-fairway aerator g. #MP5800 -300-gallon sprayer b. #GM7210 ·PolarTrac & Cab Assy i. #31598 -Toro Groundsmaster 5900 Attachment 2 F'll Base Unit Municipal Price $35,285.00 $ 9,727.00 $25,530.00 $32,520.00 $23,995.00 $31 ,653.00 $40,139.00 $16,929.00 $83,995.00 IgJ 002/003 " 12/2 1/20 10 14 : 56 FAX 3033 55 82 50 LL JO HN SON HO LLV 2. Toro accessories purchased independent of a whole good item do not qualifY for National IP A pricing. . 3. Our demo equipment pricing will be negotiated -demo products are normally items that are current year production and have less than 150 hours usage. 4. This new year, L.1. Johnson will provide free onsite training by our field service technician upon request and free attendance at our 2012 1.1. Johnson service school (a $35 value per person) -with any 2011 Toro equipment purchase. 5. Please contact us for special incentives as per the Toro Smart Value Program in the IP A agreement. Example: Purchase $180,000-$230,000 ofToro Commercial equipment and get $4,500 off. o Based on orders of a single purchase order from a single agency. 6. We now allow for credit card payments on all Toro products including equipment, with prior approval. This proposal will be reviewed on December 1, 2011. The current IPA agreement allows for Toro to have random price increases however, L.L. Johnson will hold the current prices through the review date and will absorb any increase from Toro through this agreement period for the MAPO group. We at 1.L. Johnson Distributing Company strive to provide the best customer service to our customers as possible. As always, if there is a warranty issue in the field with any Toro equipment, and we cannot repair it within 48 hours, we will do our very best to provide a replacement loaner piece of equipment at no charge to you. We again look forward to working v.ith all the MAPO agencies. Please call me with any questions. Sincerely, Dan Melchior General Manager 303.394.6657 Boyd Montgomery The Toro Company ~ 003/003 I'OHNSON DISTlUBUTiNG COMPANY December 2 J, 20 I 0 City of Wheat Ridge Attn: Greg Knudson e-mail;gknudson@ci.wheatridge.co.us Mark, please find the enclosed MAPO pricing on the mower we discussed. (2) Toro Model 31598 Gl'oundsmastcr 5900-D large area rotary mower with J 6 foot cutting width, full-time 4-wheel drive, Info-Center onboard diagnostics, SmartCool system with auto-reversing cooling fan, tilt steering column, adjustable traction pedal, air-ride seat and powcred by a 99hp Cummins turbo-charged diesel engine ($82,995.00ca) $165,990.00 (2) Toro Model 30359 Sunshade for above GM5900s ($585.00ca) $ 1,170.00 Trade value of Groundsmaster 580-D with 3612 hours $ 2,500.00 Trade value of Groundsmaster 580-D with 3037 hours $ 3,000.00 Greg, the above prices are good for 90 days and include all freight, set-up and delivery to you. Please give me a call with any questions at 720-641-3869. Sincerely, Don Swanberg Western Territory Manager Attachment 3 , ., ~' _ • Ci ty o r p WheatR@ge ITEMNO:g. DATE: January 10,2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ENCUMBER FUNDS FOR 2011 FUEL, GRANULAR DEICER AND LIQUID DEICER PURCHASES IN AN AMOUNT NOT TO EXCEED $405,000 D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1sT READING D ORDINANCES FOR 2 ND READING QUASI-JUDICIAL: DYES ~gJ lL.JM Director of Public Works City Mauager ~ ISSUE: The Public Works Department is requesting an encumbrance of funds to purchase diesel and unleaded fuels, granular deicer materials and liquid deicers for 2011. Each of these purchases typically exceeds $15,000. Encumbrance of these funds also facilitates a prompt payment process to the respective vendors. PRIOR ACTION: The approved 2011 Budget includes funding for fuel and street deicers. FINANCIAL IMP ACT: The estimated amount needed to pay for diesel and gasoline fuel for 2011 is $250,000. The estimated amount needed to pay for granular and liquid deicers for 20 II is $155,000. Both encumbrances can be accommodated in the Public Works General Fund Budget in account number 01-303-650-661 , Oil and Gas, and in account number 01-303-650-660, Operating Supplies. BACKGROUND: The current spending approval limit of the City Manager's Office is $15,000 as established by City Council on June 8, 2009. The Public Works Department makes as-V:IFormslCAFtemplate Council Action Form January 10, 2011 Page 2 needed bulk purchases of diesel and gasoline fuel, granular deicer materials and liquid deicers, each of which often exceed $15,000 per purchase. RECOMMENDATIONS: Staff recommends that the City Council approve an encumbrance of $250,000 for the anticipated purchase of fuel for 2011 and an encumbrance of$155,000 for the anticipated purchases of granular materials and liquid deicers for 2011 . RECOMMENDED MOTION: "[ move to encumber $250,000 in account· 01-303-650-661, Oil and Gas, for fuel purchases in 2011, in accordance with Ordinance #787, 1989 Series." "[ further move to encumber $155,000 in account 01-303-650-660, Operating Supplies to purchase road salt and liquid deicers in 2011 , in accordance with Ordinance #787, 1989 Series. " Or, "[ move to deny the encumbrance of funds for fuel and deicers for the following reason( s) " REPORT PREPAREDIREVIEWED BY; Greg Knudson, Operations Manager Tim Paranto, Director of Public Works " ~ ~ ., • _ ' City or p WheatRl..-dge ITEM NO: :1. DATE: January 10,2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 01-2011 AN ORDINANCE APPROVING THE AMENDMENT OF SECTION 26-803 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO FLOODPLAIN CONTROL o PUBLIC HEARING o BIDSIMOTIONS o RESOLUTIONS ~ ORDINANCES FOR I ST READING 1110/11 o ORDINANCES FOR 2ND READING 1124/11 QUASI-JUDICIAL: 0 YES ~ NO ~~ Director of Public Works j)~HA~ City Manager ISSUE: Revisions to one of the official floodplain maps should be incorporated into the Floodplain Control Section of the City Code. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: Jefferson County recently placed fill within the Clear Creek floodplain immediately upstream ofInterstate 70. Portions of the adopted Clear Creek Flood Hazard Area Delineation prepared by Icon Engineering in 2007 have been revised in recognition of the changes to the floodplain. The revisions should be adopted by the City to allow administration of the correct floodplain boundaries. The impacted land is proposed for annexation and development in the near future. V:IFormslCAFtemplate Council Action Form January 10, 2011 Page 2 RECOMMENDATIONS: Staff recommends that the City Council approve an ordinance amending Section 26-803 of the Wheat Ridge City Code. RECOMMENDED MOTION: "1 move to approve Council Bill No. 01 -2011 , an ordinance revising Section 26-803 of the Wheat Ridge Code of Laws pertaining to floodplain control on first reading, order it published, public hearing set for Monday, January 24, 2011 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication." Or, "1 move to postpone indefinitely Council Bill No. 01-2011, an ordinance revising Section 26-803 of the Wheat Ridge Code of Laws pertaining to floodplain control for the following reason(s) " REPORT PREP ARED/REVIEWED BY; Tim Paranto, Director of Public Works ATTACHMENTS: 1. Council Bill No. 01-20 II 2. Report revisions CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _____ _ Council Bill No. 01 Ordinance No. ___ _ Series of 2011 TITLE: AN ORDINANCE REVISING CHAPTER 26-803 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING FLOODPLAIN CONTROL WHEREAS, the City of Wheat Ridge has previously adopted Article VIII of Chapter 26 of the Code of Laws pertaining to floodplain control; and WHEREAS, amendment of the description of the Flood Regulatory District is needed to reflect current information. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection G of Section 26-803 of the Wheat Ridge Code of Laws is amended to read as follows: G. Official maps and engineering reports. The location and boundaries of the Flood Regulatory District shall be as identified by the Federal Emergency Management Agency in "The Flood Insurance Study for Jefferson County, Colorado", dated June 17, 2003, and any amendments or revisions thereto are hereby adopted by reference and declared to be a part of this Article. The location and boundaries of the Floodway and Flood Storage Districts shall be as shown in the following engineering reports and accompanying maps: 1. Flood Insurance Rate Map (FIRM) panels dated June 17, 2003 for portions of the City of Wheat Ridge 2. Clear Creek: Flood Hazard Area Delineation of Clear Creek by Icon Engineering for the Urban Drainage and Flood Control District, April, 2007 3. Clear Creek: Clear Creek Floodplain Revisions at Mcintyre Overflow -letter; Report by Icon Engineering dated October 27, 2008 4. Clear Creek: Clear Creek Floodplain Revisions at Jefferson County Wetlands Area by Icon Engineering dated August, 2010 5. Lena Gulch: Flood Hazard Area Delineation Lena Gulch (lower) by George K Cotton Consulting for the Urban Drainage and Flood Control District, October, 2007 WRPWD11.1 Attachment 1 The flood insurance rate map and the above-mentioned engineering reports constitute the current flood insurance study for the City of Wheat Ridge and are hereby adopted by the above reference and declared to be part of these regulations. The flood insurance rate map and the above-mentioned engineering reports, which constitute the flood insurance study are on file at the Wheat Ridge Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. Section 1. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to ~ _ on this day of , 2011 , 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 , 2011 , at 7:00 o'clock 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 , 2011. SIGNED by the Mayor on this ___ day of _________ , 2011 . ATTEST: Michael Snow, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: WRPW013 Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney 2 Loeation~ "'~ StationlSectJon NumDer , CWSEL (CalctJlaled Waler Surface Elevation) -''''''-I~ I DIiIWlCIt Lett and Distance Rlghl are measured Irom!he stream centerline shown on !he FHAD Maps 1 Spit I\ow ~s not 841 lor \tie .5OO-year .... nL Reier to !he Main ChaMeI CWSEt.s • Aooctway Not COn\pI;IM 'CWSEL (Caleulroted Water Sotl.ce Elevation) 1 ~ lilt and DisWlClt RIghi.,. meuured Irom the strMtn cenImnt shown on !tie FHAD MIpI Table 3: Clear Creek Floodplain and FIoodway Data (Con't) 17 ""'-""I'") CWSEL' "1 "',. I') ....... Right' I'> ..J..>.. III n ::J' 3 CD .:l.I. /IJ location De&Cl'lplIOn Str.~ "''N'''o''"''"''"' '''' -"'"'''l I DiltarlCI Lett alld Distance Right III m .. su,ed !,om the stream CIf'Itemf'll . he...." on the FHAD Maps Table 3: Clear Creek Floodplain end FIoodway Data (Con't) 17 """,",",," ~I CWSEl ' "I >-Ct: w f-W ::;; w u -' o I::;; + + + /~-~~ •'"• )<1 , ( . \ /, I '" "-v,, ! ' I ,I /; :1 ! iUg ; ~i ~ I-< ~ ~ ~ ., ) i .} ~ vi !;" dl~ Q Z::i~ ii:J! -" i!:J1i U ~J~ >-( ["J'1j1 /"' ~ n ~~ /66 ~. ~n n~ ~ 6 \HIE OVDED BY ~O1O) g~~~J~~~WEPARED BY lolA? WORKS. -\QI tAL Fl. IQH DATED 11{2I/OS o..05-a..A-4'6-4 f 1=\:1 C':J WEST LAKE " .,.,. "'-~.1O .,...r-.,.0. \ . -.,.-N lIWAN DRANAGE AK) flOOD CONTROl... DISTRICT .EFFBtSON CClI.IrrY QTY OF wt£A T ADQE aTY ANJ COI..NTY OF DENVER aTY OF AAVNJA arv OF """"" .,., ICO>N ENGINEERING, INC -.t:;:"'~!::'~-~ .. -100-YEAR FLOOOPM~ BOI.N)ARY v ,~ , .• ~.,a. ~•~ CLEAR CREEK FlOOO HAZAPD MEA DEl.t£AllOH PUN ST~ DATE AUQ 20" SHEET n -, .!.~ I 8 •• ~I:USd(»lO MO~3AO ~lS3t1AJ.NI::trI ~ -I 09U9] 8 ! -i''''' , ~ i ~ I , I ! -I i 1 ~-~ ~I ' -! • .i ~ ~ I~ ~ ~ g • ~ I ~ § • • ~ ~ D " • " 8 MATCH NE·S EABOVE , 31 I I I I I I I ! I 165631r-I /I /I I ~ I I I I I I i I ~ I , I I ~ ~ iii I ~70 (WEST9OUNDJ , ~ I I 16~a l--ii I ~ ~ ~ @ill}-~ I , 1-70 (EASTBOUJI(;I] ~ mED-! I I 165093 I--I : I <!~ YOl.INGFlEtO ! ~! 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" ~" r .l.M. -'fHR TUI SUIli'~a:: .~" , . d , ~ ~ g • (lasnN(; ~ _____ ------------------~~~L--------------------~ -" OATU!: 1%8 NAVO -PftO"EC'f No. O'-O'Q.A. ..... -n~ gu' ,",F;Il = ~-~. 00 ~ ~ JEFFERSON COUNTY WETlANOS OVERflOW 1~·DO ,~oo .. " 1:2~~~!tlgJ.~<;' ~ BAN PRANAGE 00 fLooo CONJBOl DISTRICT ~ ~ COI..MY aTY ~ wtEAT ROOf aTY ~ COI.NTY OF ~ aTY OF NfVADA aT'( OF ""'"'" l[CON ~ ~REVISED AREA ~oo ClEAR CREEK FlOOO w.z.ta:) N£A DEl.JEATlON FLOOO PROFLE McM'YRE S'ffiEET OVEFf'lOW .£FI'ERSON COl.NTY WEn..AN)S OVEfR.OW ... , "" ~~10 "" .. '" ..., .. " ... , ..., ..., .. '" .. ~ .. ~ .. " .. " ."'" "'" "" DATE AIJG 2010 SHt.t.1 3 9 ", ~'y City or p WheatRL-dge ITEMNO: ~ DATE: January 10, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 01-2011 A RESOLUTION AMENDING THE 2011 OPEN SPACE FUND 32 BUDGET IN THE AMOUNT OF $15,000 FOR THE PURPOSE OF ACCEPTING A DONATION FROM THE WHEAT RIDGE ROTARY CLUB FOR EXPENDITURE ON THE DISCOVERY PARK PUBLIC ART SCULPTURE AND AN OFF LEASH DOG PARK D PUBLIC HEARING D BIDSfMOTIONS ~ RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING DYES ~ NO City Manager The Wheat Ridge Rotary Club has offered to donate $15,000 to be paid in $3,000 dollar increments over the next five years for the purpose of donating to the Mayor's Public Art Initiative for the Discovery Park sculpture in the amount of $1 0,000 and to partially fund an off leash dog park in the amount of $5,000. A supplemental budget appropriation is being requested to expend the $15,000 donation in 2011. The Rotary Club will then reimburse the City over the next five years, with the initial payment payment occurring in December 2011 and final payment occurring in December 2015. PRIOR ACTION: The Rotary Club, through Mayor DiTullio, announced their intention to make this donation at the December 13, 2010, City Council meeting. FINANCIAL IMP ACT: There is no significant financial impact. Council Action FOnD January 10, 2011 Page 2 BACKGROUND: The Rotary Club has donated funds to the City for two prior projects using the same process. The first donation in the amount of $30,000 was for the purpose of retaining the desired square footage and size of the community rooms at the Recreation Center. The second project was for the Wheat Ridge Senior High School Field of Dreams turf fields, in the amount of$15,000, and the final payment was received December 13, 2010. RECOMMENDATIONS: Staff recommends accepting the Rotary Club donation and, therefore, expending $15,000 to fund the Discovery Park sculpture and the off leash dog park. RECOMMENDED MOTION: "J move to approve Resolution No. 01-2010, a resolution amending the 2011 Open Space Fund 32 Budget in the amount of $15,000 for the purpose of accepting a donation from the Wheat Ridge Rotary Club for expenditure on the Discovery Park public art sculpture and an off leash dog park." Or, "1 move to deny Resolution No. 01-2010, , a resolution amending the 2011 Open Space Fund 32 Budget in the amount of $15,000 for the purpose of accepting a donation from the Wheat Ridge Rotary Club for expenditure on the Discovery Park public art sculpture and an off leash dog park.for the following reason(s) " REPORT PREPARED/REVIEWED BY: Joyce Manwaring, Parks and Recreation Director A TT ACHMENTS: I. Resolution No. 01-2011 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 01 Series of 2011 TITLE: A RESOLUTION AMENDING THE 2011 OPEN SPACE FUND 32 IN THE AMOUNT OF $15,000 FOR THE PURPOSE OF ACCEPTING A DONATION FROM THE WHEAT RIDGE ROTARY CLUB FOR EXPENDITURE ON THE DISCOVERY PARK PUBLIC ART SCULPTURE AND AN OFF LEASH DOG PARK WHEREAS, the City of Wheat Ridge supports a strong partnership between City and community; and WHEREAS, the Wheat Ridge Parks and Recreation Master Plan Goals call for provision of a wide range of recreation, leisure, athletic, and cultural opportunities for all residents of Wheat Ridge; and WHEREAS, there is a demand for an off leash dog park within the City; and WHEREAS, the City wishes to enhance the community by supporting public art; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: THE FOLLOWING AMENDMENT TO THE 2011 OPEN SPACE SPACE FUND 32 IS HEREBY APPROVED: A supplemental budget appropriation in the amount of $15,000 to account #32-601-800-862 for the purpose of accepting a donation from the Wheat Ridge Rotary Club DONE AND RESOLVED this 10th day of January 2011 . Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Attachment 1 ", ~' _ ~ City of ? Wheat RL-dge ITEMNO:~ DATE: January 10, 20 II REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 02-2011 -A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH JEFFERSON COUNTY REGARDING ANNEXATION OF REAL PROPERTY D PUBLIC HEARING D BIDSIMOTIONS ~ RESOLUTIONS QUASI-ruDICIAL: ISSUE: D ORDINANCES FOR I ST READING D ORDINANCES FOR 2ND READING DYES r City Manager In conjunction with the amended and expanded Cabela's development plan, the City will be initiating annexation of property currently owned by the County. The property is eligible to be annexed as an "enclave" parcel, which simplifies the process and avoids the need for the County to circulate an annexation petition. In discussion among staff at the City and County, it became clear that an intergovernmental agreement in relation to the annexation process would be needed to address certain timing issues relative to the annexation process and their sale of the property to Cabela's. The intergovernmental agreement has been drafted for approval by Wheat Ridge City Council and the Jefferson County Board of Commissioners. PRIOR ACTION: None FINANCIAL IMPACT: Because this is a City initiated annexation, no annexation fees have been assessed. However, a portion of the County-owned property is anticipated to be purchased by Cabela's and will become part of the Cabela's overall development plan and will contribute to the tax generating potential of the project. Council Action Form January 10,2011 Page 2 BACKGROUND: The County-owned land being considered for annexation includes approximately 33 acres. Much of that land is located in the floodplain and functions as open space; it includes the existing Clear Creek Trail. The property also includes the former Table Mountain Animal Center, which has been relocated to the Jefferson County Fairgrounds area and is now known as the Foothills Animal Shelter. The County has been in negotiations with Cabela's regarding the purchase of the County-owned property for future inclusion of the property as part of the Cabela's development plan. In order to be logically included as part of the larger Cabela's development plan, it is necessary to annex the property into the City of Wheat Ridge. The property is surrounded by existing City of Wheat Ridge boundaries and therefore is eligible under Colorado Statutes to be annexed as an "enclave", which waives certain annexation requirements, including the need for an annexation agreement, agreement, which typically accompanies a petition initiated annexation. The annexation and zoning ordinance as well as a subdivision plat application will be forthcoming for future review by the City Council. In order to address certain issues related to the timing of the application and the purchase of the property by Cabela' s, it was determined that an intergovernmental agreement (lOA) between the City and County would be necessary and appropriate. The following highlights the important substantive content of the agreement: 1. In Section 2 of the ordinance, the County waives the requirement that an annexation impact report be prepared. 2. Section 4 of the ordinance addresses two matters: a) The City will not finalize annexation ofthe property unless Cabela's or the Metro District has successfully negotiated a purchase agreement to acquire the County's property. In the event those events are not occurring, the lOA would be subject to renegotiation prior to City Council approval of the annexation. b) [fCabela's or the District does not acquire the property from the County, then the City agrees to disconnect the property from the City, if requested by the County. RECOMMENDATIONS: Staff recommends City Council approve the intergovernmental agreement, through adoption of the Resolution. This will allow the annexation process to move forward in conjunction with an expanded Outline Development Plan (amended zoning) that includes the County-owned parcel. The City Council could deny the resolution; however, this could cause the County to approach the conveyance of this parcel in a different manner. Council Action Form January 10, 20 II Page 3 RECOMMENDED MOTION: "I move to approve Resolution No. 02-20 II, a resolution approving an intergovernmental agreement with Jefferson County regarding annexation of real property." Or, "I move to deny Resolution No. 02-2011, a resolution approving an intergovernmental agreement with Jefferson County regarding annexation of real property, for the following reason(s) " REPORT PREPARED/REVIEWED BY: Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Resolution No. 02-2011 2. Intergovernmental Agreement CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 02 Series of 2011 TITLE: A RESOLUTION APPROVING AN AGREEMENT WITH JEFFERSON ANNEXATION OF REAL PROPERTY INTERGOVERNMENTAL COUNTY REGARDING WHEREAS, the City of Wheat Ridge wishes to annex certain unincorporated real property (the "Property"), which area has been surrounded by the municipal boundaries of the City in excess of three years; and WHEREAS, the City has entered into an intergovernmental agreement with Jefferson County, Colorado regarding the Property, attached hereto as Exhibit A which agreement provides that, the City shall not finalize its annexation of the Property unless and until certain conditions detailed in the intergovernmental agreement have been satisfied; and WHEREAS, Charter Section 14.2 requires intergovernmental agreements to be approved by resolution, and WHEREAS, the City Council finds that approval of this agreement is in the interest of the City. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council: Section 1. Annexation Aooroved. The Intergovernmental Agreement with Jefferson County, attached as Exhibit A is hereby approved. Section 2. This Resolution shall be effective upon adoption. DONE AND RESOLVED th is 10th day of January, 2011 . Jerry DiTullio, Mayor ATIEST: Michael Snow, City Clerk Published in the Wheat Ridge Transcript. Attachment 1 INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT is made and entered into by and between the CITY OF WHEAT RIDGE, COLORADO, a Colorado municipal corporation, (hereinafter referenced as "City"), and the COUNTY OF JEFFERSON, STATE OF COLORADO, a body politic and corporate (hereinafter referenced as "County"), together sometimes referred to herein as the "Parties." RECITALS A. The County acting by and through its Board of County Commissioners, is the owner of certain real property located in the unincorporated portion of Jefferson County and more particularly described on Exhibit A, attached hereto and fully incorporated herein by this reference, with an approximate area of 32 acres (the "Property"). B. The Property has been fully surrounded by the municipal boundaries of the City of Wheat Ridge for more than three years, rendering it eligible for annexation as an enclave pursuant to C.RS. 31-12-106(1). C. The City wishes to annex the property pursuant to C.RS. 31-12-106(1), and the County wishes to consent to such annexation, on the terms and conditions contained herein. AGREEMENT NOW THEREFORE, in consideration of the recitals, covenants, and promises herein set forth and other good and valuable consideration herein received, the Parties agree as follows: 1. City Annexation of the Property. The City will initiate annexation of the Property by adoption of an ordinance pursuant to C.RS. § 31-12-106(1). The City shall give notice of such annexation pursuant to C.RS. § 31-12-108(2). The City agrees not to finalize annexation of the Property by final adoption of the ordinance until the Property is simultaneously rezoned substantially similar to either (a) the Table Mountain Gateway ODP recorded November 15, 2007, at Reception No. 2007127527, the zoning presently applicable to the Property, or (b) the Clear Creek Crossing Outline Development Plan with respect to Parcel 1 as submitted to the City in January 2011 by Cabela's Wholesale, Inc. or another Cabela's entity and/or Longs Peak Metropolitan District. District. 2. Annexation Impact Report Pursuant to C.RS. § 31 -12-108.5(1) an annexation impact report shall not be required for annexations when the municipality and the board of county commissioners governing the area proposed to be annexed agree that the report may be waived. Pursuant to the authority granted by C.RS. § 31-12-108.5(1) the City and the County hereby waive the requirement of the preparation and delivery of an annexation impact report. Attachment 2 3. Waiver of Right to Challenge So long as the City shall be in compliance with its obligations pursuant to th is Agreement, the County agrees that it shall not commence any action pursuant to C.R.S. § 31-12-116 for review of the final annexation by the City of the Property. 4. Renegotiation a. In the event that: (i) the County is unable to reach an acceptable agreement with Cabela's Wholesale, Inc., another Cabela's entity and/or Longs Peak Metropolitan District with respect to the purchase of the Property; or (ii) the purchase agreement between the County and Cabela's Wholesale, Inc., another Cabela's entity and/or Longs Peak Metropolitan District is terminated for any reason, then the City agrees to renegotiate this Agreement with the County and to continue the annexation process without final action on the annexation ordinance until permitted under the terms of such renegotiated Agreement. b. In the event that the Property has already been annexed into the City pursuant to Section 1 above, and Cabela's Wholesale, Inc., another Cabela's entity or Longs Peak Metropolitan District do not purchase the Property, then the City agrees to disconnect the Property from the City upon receipt of such a request from the County. 5. Compliance with Colorado Constitution Article X Section 20 The obligations of the Parties hereunder are expressly subject to annual appropriation of amounts necessary in the sole and exclusive discretion of their respective governing bodies. Nothing in this Agreement constitutes or is intended to create a multi-year fiscal obligation or debt of either Party within the meaning Article X, Section 20 of the Colorado Constitution. 6. Notices Any notice required or permitted under this Agreement shall be sufficient if personally delivered, delivered by facsimile or electronic mail, or United States mail, first class postage prepaid, addressed as follows: If to the City: If to the County: City Manager City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 County Administrator 100 Jefferson County Parkway, Suite Golden, CO 80419 Attn: Kate Newman With a copy to: Jefferson County Attorney 100 Jefferson County Parkway, Suite 5500 Golden, CO 80419 Notices personally delivered shall be effective upon delivery. Mailed notices shall be effective three (3) business days after mailing. The parties shall give written notice of any change of address. 7. Waiver Failure to insist upon strict compliance with any of the terms, covenants and/or conditions hereof shall not be deemed a waiver of such terms, covenants and/or conditions, nor shall any waiver or relinquishment of any right or power hereunder at anyone time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 8. Entire Agreement This Agreement shall constitute the entire agreement between the Parties and shall supersede all prior contracts, agreements, proposals, representations, negotiations and letters of intent, whether written or oral, pertaining to the subject matter of this Agreement. No changes, alterations or modifications to any of the provisions provisions hereof shall be effective unless contained in a written agreement signed by both Parties. 9. Governing Law; Severability The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. For the resolution of any dispute arising hereunder, jurisdiction and venue shall be proper and exclusive in the District Court of the County of Jefferson, Colorado. 10. Effective Date This Agreement shall take effect upon execution of this Agreement by both Parties, whichever event occurs last. 11. Term of Agreement. Renewal This Agreement shall terminate on the earlier of: (i) one (1) year from the Effective Date, or (ii) upon the sale of the Property by the County to Cabela's Wholesale, Inc., another Cabela's entity and/or Longs Peak Metropolitan District. IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates below. CITY OF WHEAT RIDGE, COLORADO By: ____ ~--~~~~--------Jerry DiTullio, Mayor Date: ______________________ ATIEST: Michael Snow, City Clerk APPROVED AS TO FORM: Gerald E. Dahl, City Attorney ATIEST: By: ~~~~-----------Deputy Clerk APPROVED AS TO FORM: COUNTY OF JEFFERSON STATE OF COLORADO By:~~~~ _ ~~ _________ _ Kathy Hartman, Chairman Board of County Commissioners Date: ____________ _ By: :-:-----:-__ :-:--,-----____________ _ Kourtney Hartmann Assistant County Attorney Exhibit A Legal Description of Annexation Area THE NORTH 3/8 OF LOTS 1 THROUGH 4, THE NORTH 1/4 OF LOTS 21 THROUGH 24, ALL OF LOTS 25 THROUGH 27, ROXBURY GARDENS BOOK 2, PAGE 33, AS RECORDED AT RECEPTION NO. 37790, LESS AND EXCEPT ANY PORTION OF THE ABOVE LYING WITHIN PARCEL DESCRIBED IN DEED RECORDED IN BOOK 1992, PAGE 752, AND THOSE STATE HIGHWAY PARCELS DESCRIBED IN BOOK 1875, PAGE 159, BOOK 1895, PAGE 55, AND RECEPTION NO. 2006018786, ALSO THAT PARCEL DEDICATED TO THE CITY OF WHEAT RIDGE AT RECEPTION NO. 2007098955, OF THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE, BEING A PORTION OF SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO. SAID P ARCEL CONTAINS 32.8 ACRES MORE OR LESS. PREPARED FOR AND ON BEHALF OF JEFFERSON COUNTY BY VAUGHN A. SARGENT. PROFESSIONAL LAND SURVEYOR NUMBER 30121. ", • _ • Cilyof p WheatRL.dge ITEMNO:~ DATE: January 10,2010 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION FOR RATIFICATION OF THE CORRIDOR PLAN STAKEHOLDER APPOINTEES 38TH AVENUE COMMITTEE o PUBLIC HEARING ~ BIDSIMOTIONS o RESOLUTIONS o ORDINANCES FOR I ST READING o ORDINANCES FOR 2ND READING QUASI-JUDICIAL: o YES ISSUE: The City is in the process of initiating the development of a 38th Ave. Corridor Plan to help articulate a vision for the corridor and to provide direction on future development and improvements. Participation by 38th Ave. property and business owners, and residents adjacent to the corridor, is critical to the success of the planning process. A Mayor-appointed 38th Ave. Stakeholder Committee is being formed to provide an opportunity for these individuals to participate in the development ofthe plan. Staff solicited applications from individuals interested in being a part of the Committee. Based on the applications received, staff prepared a recommended roster of members that was forwarded to the Mayor for review and refined with the Mayor's input. The Mayor is asking City Council to ratify the Stakeholder Committee list of appointees. PRIOR ACTION: At the December 13,2010 City Council meeting, Council approved a contract award to Entelechy, LLC, a planning/transportation consulting firm, to assist with development of the 38th Ave. Corridor Plan. Entelechy will work with the Stakeholder Committee to ensure that their voice is heard as part of the planning process. FINANCIAL IMPACT: Approximately $200 has been budgeted to cover the cost of postage, meeting supplies and refreshments for Stakeholder Committee meetings. Council Action Form January 10, 20 I 0 Page 2 BACKGROUND: City Staff solicited applications from 38th Ave. property and business owners, and residents immediately adjacent to the corridor. Forty applications were received. In addition to District I and II City Council members and Planning Commission members that will participate on the Committee, an additional 18 individuals were chosen to be involved. Over half of this number is business or property owners on 38th Ave. Staff believes it is important to have property and business owners involved since they will be most directly impacted by future plans for the corridor and because it is hoped these individuals will come together to form a business group once the Corridor Plan is complete. The remainder of the Committee members includes residents, LiveWell Wheat Ridge, Family Tree and hopefully representatives from Je fferson County School District and Exempla Lutheran Hospital. RECOMMENDATIONS: Staff recommends that City Council ratify the 38th Ave. Corridor Plan Stakeholder Committee list of appointees as presented. RECOMMENDED MOTION: "I move to ratify the 38th Ave. Corridor Plan Stakeholder Committee list of appointees." Or, "I move to deny ratification of the 38th Ave. Corridor Plan Stakeholder Committee list of appointees for the following reason(s) " REPORT PREP AREDIREVIEWED BY: Sally Payne, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. 38th Ave. Corridor Plan Stakeholder Committee Proposed Roster 38TH AVENUE CORRIDOR PLAN STAKEHOLDER COMMITTEE ....... ' ..... ~ ...... _ .......... " ... ' , ...... , . ....... <J' 1 Davis Reinhart City Council District I 2 Karen Berry C~ Council District I 3 Joyce Jay City Council District II 4 Wanda Sang City Council District II 5 Planni"lL Commission District I 6 Planning Commission District II LiveWell Wheat Ridge (see below) S~orti"lL o~anization 7 Jeffco School Representative 8 Exempla Lutheran R~esentati ve _... ... " .................... _.. ................... , .. , ............... ~ Q) c: ;:: ~ ~ 0 Q) Q) c: ci. c: ;:: ;:: 0 0 0 ~ D.. en ci. en en 0 Q) Q) ~ c: ~ D.. ~ en C Q) en .s::; Name Business Pr~ert}' Address ::l 0 Q) ED z a:: 0 Notes g Thomas S. Yang 6990 W. 38th Ave. X 10 Brian Scott Bergeler Wheat Ridge Cyclery 7085 W. 38th Ave. X errlQ.i<)>,-ee 11 Jackie Weinhold 4080 Quay St. X 12 Jerry Nealon Cress Kitchen & Bath 6700 W. 38th Ave. X X 13 Chris Boardman 3835 Kendall St. X 14 Shad Dirks Sunrise/Sunset 7400 W. 38th Ave. X 15 Charles W. Holcer 3175 Lamar St. X X 16 Tara Jahn 3620 High Ct. X 17 Jim Jensen Quality Auto Care & Tire Cente 6800 W. 38th Ave. X X 18 Russ Redig A-1 Rental Service, Ltd. 7080 W. 38th Ave. X 19 Richard Oneslager 5670 W. 38tth Ave. X 20 David Land-Closson 8730 W. 34th Ave. X 21 Ted Heyd or LiveWell Wheat Ridqe X 21 Molly Hanson LiveWell Wheat Ridge X 22 Jenifer (Jen) Walter 2890 Quay_ St. X 23 Marc Seiver Active Insurance Aqency 6117 W. 38th Ave. X 24 Jo-Ann Scharmann Family Tree 3805 Marshall St. X Non:2'ofit 25 Mike Stites B & F Tire 6915 W. 38th Avenue X ", .' _ r City of p WheatRL..dge ITEMNO:~ DATE: January 10, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: PRESENTING THE PROPOSED CHANGE TO COUNCIL RULES OF ORDER AND PROCEDURE D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: City Clerk ISSUE: D ORDINANCES FOR I ST READING D ORDINANCES FOR 2ND READING D YES City Manager The following change to Council Rules of Order is proposed for consideration: Add the following under: Order of Business and the Agenda B. Agenda Newltem #9 Fiscal Notes. Prior to any item being placed on the agenda, the City Manager shall prepare a brief explanatory note that shall include a reliable estimate of the anticipated change in expenditures or revenues to the City and whether such expenditures or revenues shall be recurring in nature during future budget years. This shall include any principal and interest payments required to fmance expenditures. The note shall be known as a "fiscal note". According to the current Rules of Order and Procedure, changes to City Council Rules are to be reviewed by Council at a City Council meeting prior to voting on said changes. PRIOR ACTION: At the December 13, 20 I 0 meeting, Council Member Berry requested the proposed change be considered at the January 10, 20 II City Council meeting. V :IFormslCA Ftemplate Council Action Form January 10, 2011 Page 2 FINANCIAL IMP ACT: None BACKGROUND: At the City Council meeting on December 13, 2010, Council Member Berry requested the following Council Rule Change: Add the following under: Order of Business and the Agenda B. Agenda New Item #9 Fiscal Notes. Prior to any item being placed on the agenda, the City Manager shaH prepare a brief explanatory note that shall include a reliable estimate of the anticipated change in expenditures or revenues to the City and whether such expenditures or revenues shall be recurring in nature during future budget years. This shall include any principal and interest payments required to finance expenditures. The note shall be known as a "fiscal note". RECOMMENDATIONS: Per the current Rules of Order and Procedure, staff recommends the Council review the proposed change to the Council Rules of Order and Procedure at this meeting and that consideration for approval of any proposed change be heard and voted on at the January 24, 2011 regular City Council meeting. RECOMMENDED MOTION: None at this time REPORT PREPARED BY: Janice Smothers, Administrative Assistant to the Mayor and City Council Michael Snow, City Clerk ATTACHMENTS: 1. Council Rules with proposed changes in RED. 2. City Council Minutes of December 13, 2010 B. AGENDA 1. The order of business of each meeting shall be as contained in the Agenda prepared by the City Clerk. 2. For good cause shown, and by majority vote of the City Council during any City Council meeting, the order of business for that meeting may be changed. The City Manager and City Attorney may propose to add items to the Agenda under "Approval of Agenda". 3. Agenda shall be listed by topic of subjects to be considered by the Council and shall be distributed by 5:00 p.m. on the THURSDAY prior to the Monday of Council Meetings. In the event of a holiday, the material shall be distributed not later than noon on the FRIDAY prior to the Monday meeting. 4. The City Clerk's Office shall be notified of the sequence of the Agenda Items by noon on the WEDNESDAY preceding the Monday on which Council meets. All backup material and documents shall be filed with the Clerk's office by 5:00 p.m. on that day in order to be included in the Council packet. 5. ORDINANCES TO BE WRITTEN BY THE CITY ATTORNEY, OR STAFF, SHALL BE APPROVED BY A MAJORITY VOTE OF COUNCIL MEMBERS PRESENT, BEFORE IT CAN BE INCLUDED IN THE AGENDA. 6. If a Council Member asks that an item be added to the Agenda, it is the responsibility of that Council Member to provide backup material for the Council packet as to the subject or arrange for that backup material to be prepared. No item may be included in the Agenda without proper backup. 7. A majority vote of City Council Members present may also add or delete an item from the agenda at the beginning of the Council Meeting. In Business Meetings, this must be done before Public Hearings and Second Readings. 8. The first option of introducing Agenda Items at a Council Meetings shall go to a representative of the Council District to which the Agenda Item pertains. Council Agenda items not specific to a Council District may be introduced by any member requesting such privilege from the Chair in advance of the meeting or requesting to introduce the item at the meeting. Attachment 1 8 9. Fiscal Notes. Prior to any item being placed on the agenda, the City Manager shall prepare a brief explanatory note that shall include a reliable estimate of the anticipated change in the expenditures or revenues to the City and whether such expenditures or revenues shall be recurring in nature during future budgets years. This shall include any principal and interest payments required to finance expenditures. The note shall be known as a "fiscal note". C. AGENDA ITEMS Council Members or the Mayor may originate an agenda item with the approval of one other Council Member. Each Council Member and the Mayor shall be allowed to originate only two (2) items per month to be added to the Agenda of regularly scheduled Council Business Meetings. 1. Standing Council committees may place items on Council Agendas for further action or discussion. 2. Motions made by Council Members, which are not in the Council packet, must be submitted to the City Clerk and Mayor in writing during the Council Meeting so it may be repeated, and included in the minutes. 3. City Council Meeting, either by Council Members or City Manager, these items can be requested for scheduling under the elected officials portion of the agenda. 4. City Manager -administrative and operational items. D. PUBLIC HEARINGS All speakers must sign up on the appropriate roster, indicating whether they intend to speak in favor of, or in opposition to a particular Agenda Item. The Council shall not entertain a motion for the final disposition of the matter until the City staff and applicant have made their presentations, if any, and the public hearing has been closed, provided, however, that motions regarding the conduct, scheduling or continuation of the public hearing itself shall be proper at any time. E. ORDINANCES ON FIRST READING It is the goal and desire of City Council to allow all interested parties to provide input during the Public Hearing/Second Reading on all proposed ordinances. A full, complete, and open discussion of all proposed ordinances is encouraged during the Public Hearing. 9 City Council Minutes Page 6 Mrs. Adams presented a plaque from Wheat Ridge 2020 to the City Council and requested the City Clerk to have it framed and placed in the City offices. Mrs. Berry announced an event where there will be a presentation by Denver Urban Gardens. She also handed out copies of a proposed council rule change to be considered at the next meeting as follows: Fiscal Notes. Prior to any item being placed on the agenda, the City Manager shall prepare a brief explanatory note that shall include a reliable estimate of the anticipated change in expenditures or revenues to the City and whether such expenditures or revenues shall be recurring in nature during future budget years. This shall include any principal and interest payments required to finance expenditures. The note shall be known as a "fiscal note". Mayor DiTullio expressed appreciation to the Rotary Club for their support of Wheat Ridge. He also encouraged parents to immunize their children and noted that a student at Wheat Ridge has been diagnosed with whooping cough. He announced that Wheat Ridge Lanes and Pietra's Pizza are sponsoring a luncheon and bowling day for students at WRHS. He also mentioned that Clancy's has reopened at 38th and Kipling and is doing well. He wished everyone a Merry Christmas and happy holidays and Happy New Year. ADJOURNMENT Meeting adjourned at 9:52p.m. Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON January 10, 2011 BY A VOTE OF __ to __ Tracy Langworthy, Mayor pro tem The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e. they contain a record of what was done at the m~eting , 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. Attachment 2 ", ~. • • City o r "Wheat~dge ITEMNO:l DATE: January 10, 2011 REQUEST FOR CITY COUNCIL ACTION ® 6 ~ ~ TITLE: MOTION TO RATIFY MAYORAL APPOINTMENT TO RENEWAL WHEAT RIDGE D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: City Clerk ISSUE: D ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING DYES The members of Renewal Wheat Ridge (R WR) are appointed by the Mayor and ratified by City Council. James Bahrenburg currently serves on the Board representing District II, term expiring November, 2010. James has requested reappointment to his position on the RWR Board. Mayor DiTullio is recommending that James be reappointed as the District II representative, term to expire, November, 2015. PRIOR ACTION: James has served on the R WR Board for three years. FINANCIAL IMP ACT: None BACKGROUND: Members of the RWR Board are appointed by the Mayor and ratified by City Council. RECOMMENDATIONS: Mayor DiTullio is recommending that James Bahrenburg be reappointed to the Renewal Wheat Ridge Board, representing representing District II. V:IFonnslCAFtemplate Council Action Form January 10, 2011 Page 2 RECOMMENDED MOTION: "I move to ratify the District II Mayoral appointment of James Bahrenburg to the Renewal Wheat Ridge Board, term to expire November, 2015." Or "I move to deny the appointment of James Bahrenburg to the Renewal Wheat Ridge Board for the following reason(s) " REPORT PREPARED BY: Janice Smothers, Administrative Assistant to the Mayor and City Council Michael Snow, City Clerk ATTACHMENTS: I. Bahrenburg application City o f p WheatR!s!ge , 0 ' i/'h_ ~ .... D Board and Commission AOf)OOc9ttron 40 CITY CAPPLICATION FOR APPOINTMENT TO THE: Renewal Wheat Ridge Aoard (Board/Commission/Committee) DATE: Dec . 8 , 2010 DISTRICT:_~II",--_____ _ HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: 13 yrs ARE YOU A REGISTERED VOTER?-Y""e".s., ____ WHY ARE YOU SEEKING THIS APPOINTMENT? I have en joyed serving on said board these last 3 years DO YOU HAVE EXPERIENCE IN THIS AREA? Member of RI\'R Hoard last 3 years HA VE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? RIm 3 years ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDENCE OR DUTIES?---N'.:.o:'--_________ SIGNATURE b/.,u cL~~ 1 PRINT NAME, ~.LT:a:..m:;.:.e::.:s:,___,L",.___,B::.{::::I.:.:r.:r::.:e::..n:.:.b:::..u:::.:r:;..gl:,__ __________ ADDRESS 7505 W. 47th Ave. Wheat Ridge 80033 HOME PHONE 303 940-1111 BUSINESSPHONE ________________ ___ E-MAIL ADDRESS DnvrCo58~AOL . rom APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR City Clerk's Office, 7500 W. 29th Ave., Wheat Ridge CO 80033 Attachment 1 STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Ave. January 10. 2011 Upon adjournment of Council Meeting Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. APPROVAL OF AGENDA .L Building Code Policy Discussion