HomeMy WebLinkAboutCouncil Packet 07/25/20116:30 p .m. Pre-Meeting
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
July 25, 2011
7:00p.m.
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least one week in advance of a meeting if you are interested in participating and need inclusion
assistance.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLLCALL OF MEMBERS
APPROVAL OF MINUTES OF July 11, 2011
PROCLAMATIONS AND CEREMONIES
National Night Out
Lifeloc Technologies-Acknowledgement of Recognition
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
ORDINANCES ON FIRST READING
1.:. Council Bill 23-2011 -amending Chapters 4 and 17 of the Wheat Ridge Code of Laws
concerning Animals Running At Large and Adopting Off-Leash Dog Park Rules and
Regulations.
2. Council Bill 24-2011 -concerning Appeals from Decisions of the Director of Public
Works.
CITY COUNCIL AGENDA: July 25, 2011
DECISIONS, RESOLUTIONS, AND MOTIONS
Page -2-
~ Motion to approve payment to Ideal Fence Corporation of Erie, Colorado, in the Not-To-
Exceed amount of $16 ,749 for construction of a Post and Metal Fabric Fence
surrounding a Two-Acre Dog Park in Fruitdale Park .
1,. Resolution 24-2011 -amending the Fiscal Year 2011 Capital Investment Program Fund
Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of
$92,900 for the purposes of the 32"d Ave . W idening Project Design and awarding the
Design Contract to Martin/Martin Consulting Engineers , Lakewood, CO, for a Not-To-
Exceed amount of $92,900.
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT to Special Study Session
CITY OF WHEAT RIDGE, COLORADO
July 11,2011
Mayor DiTullio called the Regular City Council Meeting to order at 7 :00p.m . Council
Members present: Karen Adams , Karen Berry, Mike Stites , Davis Reinhart, Joseph
DeMott, Joyce Jay, Wanda Sang and Tracy Langworthy. Also present: City Manager,
Patrick Goff; Parks and Recreation Director, Joyce Manwaring; Community
Development Director, Kenneth Johnstone; Director of Public Works, Tim Paranto; City
Attorney, Gerald Dahl; Deputy City Clerk, Bruce Roome; Sarah Showalter, Planner II;
staff and interested citizens .
APPROVAL OF MINUTES OF June 27, 2011
Motion by Mr. Reinhart for approval of the Minutes of June 27, 2011 ; seconded by Mr.
Stites; carried 7 -0-1 with Mr. Stites abstaining due to his absence.
CITIZENS' RIGHT TO SPEAK
William "Bud" Starker announced his candidacy for Wheat Ridge City Council in
District I. Mr. Starker is a small business owner, family man and longtime Wheat Ridge
resident. Mr. Starker thanked the Council for the opportunity to introduce himself.
Paula Hansen is looking for a wildlife management program in the City of Wheat Ridge
to address sick or maimed animals. She is frustrated by diseased foxes that need help
while it is against the law to feed them or help them in any way. She has called the City
for help and no answers are offered . She was given traps by the Community Services
Officer but they are the wrong size traps . She and her neighbors are willing to pitch in to
help the City buy appropriate traps or cages .
Lloyd Levy, member of Wheat Ridge 2020, invited all Wheat Ridge residents to the
next Livelocal at the Dairy Queen on 38th Avenue and Pierce Street on July 14th from
7 :00-9:00 p .m. Participants at the event will enjoy buy-one-get-one-free specials for
sundaes and Orange Julius drinks
APPROVAL OF AGENDA
By unanimous consent, Council agreed to add as agenda Item 1A, Council Bill 15-2011
(supporting materials are amended to this packet) and also an Executive Session as
Item 7 .
City Council Minutes July 11, 2011 Page 2
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
.1. Council Bill 22-2011 -approving the Comprehensive rezoning of property along
the Wadsworth Corridor between W . 35th and W . 45th Avenues to the Mixed Use-
Commercial (MU-C) Zone District (Case No. WZ-11-03)
Mayor DiTullio opened the public hearing.
Council Bill 22-2011 was introduced on second reading by Mrs. Jay. Deputy City Clerk
Bruce Roome assigned Ordinance No. 1496 .
-Mr. Johnstone and Ms. Showalter presented the City staff report.
Michael Smith, representative of Pacific Realty Associates which owns the property on
the north east corner of 44th Avenue and Wadsworth Boulevard , spoke in opposition of
the rezoning . Mr. Smith did speak in favor of a proposed amendment which would allow
them to opt out of this rezoning.
Lloyd Levy, member of Wheat Ridge 2020, read into record a memo (amended to this
packet) from Britta Fisher, Executive Director supporting the proposed Council Bill.
Mayor DiTullio closed the public hearing .
Motion by Mrs. Jay to approve Council Bill22-2011 (Ordinance 1496) on second
reading and that if take effect 15 days after final publication; second by Mrs.
Langworthy;
Motion by Mr. DeMott to amend the Section 5 of the Ordinance to read in its entirety as
follows:
Section 5: Effective Date. This Ordinance shall take effect 30 days after final publication , as
permitted by Section 5.11 of the Charter. Prior to said effective date , any owner of real property
within the area rezoned described in Section 1 hereof may request that his or her property be
removed from the area rezoned . Such request shall be in writing , shall describe with particularity
the property requested to be removed from the area rezoned , shall be signed by all owners of
record of said real property, and shall be delivered to the Director of Community Development.
Upon receipt of a proper, signed request within the time period specified in this Section 5, said
property shall be removed from the area rezoned and shall retain the zone designation
applicable to it prior to the passage of this Ordinance .
Seconded by Mr. Reinhart; carried 6-2 with Ms. Berry and Mrs. Adams voting No.
Main motion to approve Council Bill 22-2011 as amended carried 8-0 .
City Council Minutes July 11, 2011 Page 3
1A. Council Bill 15-2011 -tempo rarily waiving the City's two-cent sales tax within t he
boundaries of the Longs Peak Metropolitan District.
Mayor DiTullio opened the public hearing .
Motion by Mr. Stites to table indefinitely Council Bill No . 15-2011 , an ordinance
temporarily waiving the City's two-cent sales tax within the boundaries of the Longs
Peak Metropolitan District; seconded by Mrs. Sang ; carried 8-0 .
DECISIONS, RESOLUTIONS, AND MOTIONS
2 . Motion to award ITB-11-30 Discovery Park Phase Ill contract to Colorado
Designscapes, Centennial, CO in the amount of $461 ,195.65 for the purp.ose of
park construction .
Motion by Mr. Stites to award ITB-11-30 Discovery Park Phase Ill contract to Colorado
Designscapes , Centennial, CO in the amount of $461 ,195.65 for the purpose of park
construction and further move to award a contingency in the amount of $46 ,000;
seconded by Mrs . Adams; carried 8-0 .
~-Motion to approve payment of the sales tax increment for the first six months of
fiscal year 2011 from the Town Center Project in the amount of $94,469.24 to the
Wheat Ridge Urban Renewal Authority.
Motion by Mrs . Sang to approve payment of the sales tax increment for the first six
months of fiscal year 2011 from the Town Center Project in the amount of $94,469 .24 to
the Wheat Ridge Urban Renewal Authority; seconded by Mrs . Jay; carried 8-0 .
4 . Motion to award RFB-11-05 Herbicide Applications Non-Turf Contract to
Vegetation Management, Inc., Evergreen, Colorado in the amount of $21,509.10.
Motion by Mr. DeMott to award RFB-11-05 Herbicide Applications Non-Turf Contract to
Vegetation Management, Inc., Evergreen , Colorado in the amount of $21 ,509.1.0 for the
year 2011 ; seconded by Mrs . Sang ; carried 8-0 .
Resolution 21-2011 -A Resolution approving a contract with the City and County
of Denver for a water line easement at West 37th Place and Miller Court.
Resolution 21-2011 was introduced by Mr. Stites .
Motion by Mr. Stites to approve Resolution No. 21 -2011 thereby granting a water line
easement to the City and County of Denver; seconded by Mrs. Adams; carried 8-0 .
• ' I
City Council Minutes July 11 , 20 11 Page4
--
6. Motion to approve appointment of Joan ller to the Cultural Commission -District
Ill.
Motion by Mrs. Adams to appoint Joan ller to the Cultural Commission representing
District Ill , term to expire March 2 , 2014 ; seconded by Mr. Stites ; carried 8-0 .
7 . Executive Session
Motion by Mrs. Sang to move to convene an Executive Session for a conference with
the City Manager and City Attorney under Charter Section 5 .7(b)(2) and Section 24-4-
402(4)(f) C .R.S ., specifically: .the annual evaluation of the City Manager; I further move
to reconvene the regular Cou.ncil Meeting at the conclusion of the Executive Session to
take any actions deemed necessary; seconded by Mr. Reinhart; carried 8-0.
Executive Session was held at 8 :11pm .
The regular , open meeting reconvened at 8:48pm.
Motion by Mrs. Sang to renew the amended and restated employment agreement
between the City and Patrick Goff, City Manager, for an indefinite term and with the
following amendments:
1. Patrick Goff shall receive the same percentage increase in salary as given to
Department Directors.
2 . Severance compensation shall be increased to six (6) months.
Seconded by Mr. Reinhart; carried 8-0 .
City Council Minutes July 11 , 2011 Page 5
ELECTED OFFICIALS' MATTERS
Mr. DeMott and Mayor DiTullio expressed their condolences to the family of Charlie
Holcer and recognized the valuable contributions he made to the City with his
publication of the Neighborhood Gazette.
Mrs . Jay reminded citizens of the free weekly Performances in the Park which take
place every Wednesday night at Anderson Park at 44th & Field Street.
Ms. Berry wished to inform citizens of the volunteer opportunities at the Harvest
Mountain Farms Community Garden located in Wheat Ridge , which provides surplus
crops to the Jeffco Action Center and other local food bank programs . Citizens
interested in volunteering may contact the community garden via email at
harvestmountainfarmgardens@gmail.com or by phone at 720-231-8337.
The Wheat Ridge Farmers Market will again be open on July 14th from 10:00am to
3 :00pm in Times Square shopping center in front of Ross Dress for Less on Wadsworth .
Other upcoming events include the Fresh Fruits and Vegetables Fair at Healing Waters
Family Center on July 15th from 9 :00-11 : 30am as well as the Low-cost Neuter Day on
July 16th at 7:00am in front of City Hall.
Meeting adjourned at 9 :00pm .
btL L( Jflt-Jrl{_
Bruce Roome , Deputy City Clerk
APPROVED BY CITY COUNCIL ON July 25, 2011 BY A VOTE OF __ to __
Tracy Langworthy, Mayor pro tern
The preceding Minutes were prepared according to §47 of Robert's Rules of O_rder , 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.
'~ . ,
• _ ~ Cily of •
]?\VheatRi_dge
ITEMNO: _i_.
DATE: July 25,2011
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 23-2011 AN ORDINANCE
AMENDING CHAPTERS 4 AND 17 OF THE WHEAT RIDGE
CODE OF LAWS CONCERNING ANIMALS RUNNING AT
LARGE AND ADOPTING OFF-LEASH DOG PARK RULES
AND REGULATIONS
D PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
QUASI-JUDICIAL:
-r/
/
/ //
(_,.-'
City Attorney
ISSUE:
~ ORDINANCES FOR lsr READING (07/25/2011)
0 ORDINANCES FOR 2ND READING (08/08/2011)
D YES ~ NO
~
The City Council has been considering the creation and appropriate reg ulation of off-leash dog
parks within the City for several month s. This ordinance authori zes the creation of off-leash dog
parks (and amendment and removal of the same) at Council's direction and adopts rules and
regulations to govern the use of such park s .
PRIOR ACTION:
The Off-Leash Dog Park Task Force r ecommendation report was presented to Council at its
December 6, 2010 Study Sess ion. Council then directed staff to proceed with a nei g hborhood
meeting and report back to Council on the input received . A neighborhood meeting was held on
February 2, 2011. At Council 's March 7, 2011 Study Session, staff reported back to Council
concerning neighborhood input. Council then directed that an ordinance be prepared authorizing
off-leash dog parks and adopting the dog park rul es and regulations r e commended by the Task
Force.
FINANCIAL IMPACT:
The Wheat Ridge Rotary Club has donated $5,000 for construction of the do g parks and $20,000
is currently appropriated in the Open Space Fund budget for the off-leash do g parks
Council Action Form
July 25 , 2011
Page 2
RECOMMENDATION:
This Ordinance does two things: (1) it authorizes the City Council to direct the creation,
alteration and removal of off-leash dog parks upon City property; and (2) it establishes rules and
regulations governing any off-leash dog parks in existence. This approach permits Cotmcil to
add and subtract off-leash dog parks in the future, as it deems fit, and to alter the boundaries of
such parks in the future without going through an ordinance process.
The Parks and Recreation Commission and the Animal Welfare and Control Commission
recommend amending provisions of Chapter 4 and 17 of the Wheat Ridge Code of Laws
concerning animals running at large and adopting off-leash dog park rules and regulations.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 23-2011, an ordinance amending various provisions of
Chapters 4 and 17 of the Wheat Ridge Code of Laws concerning animals running at large and
adopting off-leash dog park rules and regulations, on first reading, order it published, public
hearing set for Monday, August 8, 2011 at 7 p.m. in the City Hall Council Chambers, and that it
takes effect 15 days after final publication."
Or,
"I move to table indefinitely Council Bill No. 23-2011 for the following reason(s) ,
REPORT PREPARED BY:
Gerald Dahl, City Attorney
ATTACHMENTS:
1. Cotmcil Bill No. 23-2011
2. Staff Report -Neighborhood Meeting Regarding Off Leash Dog Park
3. Wheat Ridge Off-Leash Dog Park Task Force recommendations, November 2010
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ______ _
Council Bill No. 23
Ordinance No. -----
Series of 2011
TITLE: AN ORDINANCE AMENDING CHAPTERS 4 AND 17 OF THE
WHEAT RIDGE CODE OF LAWS CONCERNING ANIMALS
RUNNING AT LARGE AND ADOPTING OFF-LEASH DOG
PARK RULES AND REGULATIONS
WHEREAS, pursuant to Article XX of the Colorado Constitution and C.R.S . §§ 31-
15-401(1)(m) and 31-15-702(1)(a)(l), the City of Wheat Ridge ("City") possesses the
authority to prohibit the running at large of animals and to regulate the use of public parks
within the City; and
WHEREAS, pursuant to this authority, the City, acting by and through its City
Council (the "Council"), wishes to permit the use of certain designated areas within certain
City parks as off-leash dog parks; and
WHEREAS , the Council finds and determines that the imposition of rules and
regulations specific to off-leash dog parks are necessary and desirable to minimize the
potential impacts of such parks on neighboring properties and on the general public and to
protect all people and animals using the parks; and
WHEREAS, the Council further finds that dog park rules and regulations should be
codified within the Wheat Ridge Code of Laws ("Code") to permit the violators thereof to be
prosecuted in the City's Municipal Court; and
WHEREAS , the Council therefore desires to amend certain provisions of Chapters 4
and 17 of the Code, concerning animals and parks , to establish rules and regulations for
off-leash dog parks and to make other conforming amendments to said Chapter.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1. The definition of "running at large" set forth in Code Section 4-1 is
hereby amended as follows :
Running at large means off the premises of the owner and not under
the effective control of that owner, his agent, servant, or competent
member of his family by means of a leash, cord, or chain not to exceed six
(6) feet in length; except that, for purposes of this definition , the "premises
of the owner" shall not include common areas of condominiums ,
townhouses and apartment buildings, and any animal not in the effective
control of its owner upon the common area of a condominium, townhouse
or apartment building , or the grounds thereof, shall be deemed to be
Attachment 1
running at large . A DOG THAT OTHERWISE MEETS THIS DEFINITION
SHALL NOT BE CONSIDERED TO BE RUNNING AT LARGE WHEN
SUCH DOG IS WITHIN AN OFF-LEASH DOG PARK ACCOMPANIED BY
ITS OWNER OR HANDLER IN ACCORDANCE WITH THE
REQUIREMENTS OF THIS CODE .
Section 2. The definition of "animal shelter" set forth in Code Section 4-1 is
hereby amended as follows:
Animal shelter means Table Mountain Animal Shelter, Ina., •.vhioh is
hereby THAT FACILITY OR FACILITIES AS designated by the city FROM
TIME TO TIME as the facility for the boarding and caring of any animal
impounded under the provisions of his chapter or any other ordinance or
law of the state .
Section 3. Section 4-8 of the Code is hereby amended as follows :
Sec. 4-8. Running at large; OFF-LEASH DOG PARKS.
(a) A person who is a dog owner shall be guilty of dog at large if such dog
runs at large within the city.
(b) For purposes of subsection (a) above and section 4 -16 , animals injured
or killed in the street shall be considered as running at large; the
community services officer shall remove all such animals and , at his
discretion , take those needing medical attention to a veterinarian or to the
animal shelter. Injured animals may be destroyed humanely if it is
determined by the animal shelter or the attending veterinarian that the
animal has sustained critical injuries , is suffering extreme pain, and/or has
a poo r prognosis for recovery. The animal shelter shall consult with a
veterinarian as to the disposition of injured animals when the animals '
prognosis cannot be ascertained by the animal shelter with reasonable
certainty. The animal owner shall be liable for all expenses for the
treatment, impoundment and/or destruction of any animal. The city and any
of its employees, the animal shelter and any of its employees, and any
veterinarian consulted shall be immune from liability for any actions taken
pursuant to this subsection .
(C) THE CITY COUNCIL MAY, FROM TIME TO TIME , DIRECT THE
CREATION , ALTERATION AND REMOVAL OF OFF-LEASH DOG
PARKS WITHIN THE CITY. OFF-LEASH DOG PARKS SHALL BE
LOCATED ON CITY PROPERTY AND SHALL BE GOVERNED BY AND
POSTED WITH SIGNS GIVING NOTICE OF THE FOLLOWING RULES
AND REGULATIONS. IT SHALL BE UNLAWFUL TO VIOLATE ANY
PROVISION OF THIS SUBSECTION (C). CONVICTION OF ANY
PROVISION OF THIS SUBSECTION (C) MAY ALSO RESULT IN A LOSS
OF PRIVILEGE TO THE OWNER, HANDLER OR SUBJECT DOG TO
USE THE CITY'S OFF -LEASH DOG PARKS :
2
(1) OFF-LEASH DOG PARKS ARE OPEN TO THE PUBLIC
DURING THE SAME HOURS THE SURROUNDING CITY
PROPERTY IS OPEN TO THE PUBLIC .
(2) ALL DOGS MUST BE UNDER THE EFFECTIVE CONTROL OF
THEIR OWNERS OR HANDLERS BY MEANS OF A LEASH ,
CORD, OR CHAIN NOT TO EXCEED SIX (6) FEET IN LENGTH
WHEN ENTERING AND LEAVING THE DESIGNATED DOG PARK
AREA.
(3) ALL DOGS MUST DISPLAY A CURRENT RABIES TAG
AFFIXED TO THE COLLAR.
(4) ALL DOGS BELONGING TO CITY RESIDENTS MUST
DISPLAY A CURRENT JEFFERSON COUNTY DOG LICENSE AS
REQUIRED BY CODE SEC. 4 -31(C).
(5) ALL DOGS MUST BE ACCOMPANIED BY A PERSON
SEVENTEEN (17) YEARS OF AGE OR OLDER.
(6) DOG OWNERS AND HANDLERS ASSUME FULL
RESPONSIBILITY FOR THEIR DOGS AND MINOR CHILDREN
WITHIN THE DOG PARK AREA.
(7) DOG OWNERS AND HANDLERS MUST REMAIN WITHIN
THE OFF-LEASH DOG PARK AREA AND WITHIN SIGHT OF
THEIR DOGS AT ALL TIMES .
(8) DOG OWNERS AND HANDLERS MUST REMOVE AND
PROMPTLY DISPOSE OF ANY FECES DEPOSITED WITHIN THE
DOG PARK AREA BY THEIR DOGS.
(9) DOGS MAY NOT CHASE OR OTHERWISE HARASS
WILDLIFE.
(10) THE FOLLOWING DOGS ARE NOT PERMITTED WITHIN
OFF-LEASH DOG PARKS :
(A) AGGRESSIVE DOGS , AS DEFINED BY CODE SEC . 4-
1.
(B) FEMALE DOGS IN HEAT.
(C) DOGS WITHOUT A CURRENT RABIES TAG AFFIXED
TO THE COLLAR OR WITHOUT A CURRENT JEFFERSON
COUNTY DOG LICENSE, AS APPLICABLE.
(D) DOGS UNDER THE AGE OF FOUR (4) MONTHS .
3
(E) DOGS EXHIBITING VISIBLE SIGNS OF ILLNESS OR
KNOWN BY THE OWNER OR HANDLER TO BE ILL.
(F) DOGS THAT DO NOT RESPOND TO AND OBEY THEIR
OWNERS ' OR HANDLERS' SIGHT OR VOICE
COMMANDS .
Section 4. Section 17-29 of the Code, establishing rules governing animals within
and upon City parks and recreation facilities, is hereby amended as follows :
Sec. 17-29. Animals.
(a) All animals must be under control by means of a leash , cord or chain
not to exceed six (6) feet in length EXCEPTING DOGS PRESENT IN ·A
DESIGNATED OFF-LEASH DOG PARK AREA UNDER THEIR OWNERS'
OR HANDLERS' SIGHT OR VOICE CONTROL.
(b) It shall be unlawful for the owner or custodian of any animal to allow
such animal to defecate in any park, trail , recreational facility or other public
place within the city, and to fail to clean up and remove from such park,
trail, recreational facility or other public place such excrement or feces.
(c) Horseback riding shall be permitted only upon areas specifically
designated by the director. Horseback riding is prohibited in all turf areas .
Section 5. Safety Clause . The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the City of
Wheat Ridge , that it is promulgated for the health , safety, and welfare of the public and that
this Ordinance is necessary for the preservation of health and safety and for the protection
of public convenience and welfare . The City Council further determines that the Ordinance
bears a rational relation to the proper legislative object sought to be attained .
Section 6. Severability; Conflicting Ordinances Repealed. If any section ,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise
invalid , the validity of the remaining sections, subsections and clauses shall not be affected
thereby . All other ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed .
Section 7. 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 .
4
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 :
Jerry DiTullio, Mayor
Approved As To Form
Gerald E. Dahl , City Attorney
5
'-' \ I •
• " City of W Wheat&_dge ~ARKS AND RECREATION
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
ISSUE:
Memorandum
Mayor and City Council
Patrick Goff. City Manager Db-
Joyce ManV.:aring. Parks and Recreation Director orr"
February 25.2011 (For March 7. 2011 Study Session)
Neighborhood Meeting Regarding Off Leash Dog Park
The Off Leash Dog Park Task Force Recommendation report was presented at the December 6,
2010. study session. In response to the report. City Council directed staff to proceed with a
neighborhood meeting and report back to Council on the input received in order to obtain final
approval prior to proceeding with a park at the proposed locations. Staff was also asked to
research lighting options for the parks.
Ordinance changes will be required to accommodate the off leash dog park rules and regulations.
These changes will be presented to City Council for approval prior to the opening of either park.
FINANCIAL IMPACT:
The Wheat Ridge Rotary Club has donated $5,000 for construction of the dog parks, and $20.000
is currently appropriated in Fund 32 of the Open Space budget for the off leash dog parks .
BACKGROUND:
A neighborhood meeting was held on Wednesday, February 2. 2011 , to gather input for the two
separate proposed locations for an off leash dog park. The first proposed location is the southeast
end of Fruitdale Park at 49th and Miller Street. The second proposed location is the area west of
the tennis court at Prospect Park , 441h and Robb Street.
Flyers advertising the meeting were mailed to the residents and property owners in the
neighborhoods near the two locations. Flyers were posted in the area apartment complexes.
Attached is a map of the neighborhoods included in the mailing.
There were 25 people in attendance. Attendees included 11 general public, five City staff, one
elected official and eight members representing the Dog Park Committee and/or Parks and
Recreation Commission.
Attached is the original Off Leash Dog Park Task Force Recommendation report presented to
City Council at the December 6, 2011 , study session and a list of the comments received at the
February 2 meeting.
Attachment 2
Neighborhood Meeting Regarding Off Leash Dog Park
February 25 , 2011
Page 2
Summary of Comments
Generally. there seems to be support for an off leash park at both locations. There was concern
expressed by the neighbors located on the southwest side of the park that the dog park not be
located directly behind their residences . Other concerns included parking, barking dogs, picking
up after the dogs, and proposed locations. There was also support and confirmation regarding
the need for an off leash dog park in Wheat Ridge and that a dog park helps neighbors get to
know each other and builds community.
RECOMMENDATIONS:
1) Fruitdale Park
Staff recommends:
A. locating the fenced, off leash dog park further north than the original proposal (see
Exhibit A on Page 9 of the report), inside the existing soft surface trail area. An
aerial map ofthe proposed location is attached. This location will :
1) allow residents to continue to enjoy the walking trails by maintaining a
contiguous trail through the park without additional construction costs
incurred to relocate the existing trail.
2) locate the park away from the residences on the west border at the south end of
the park .
B. The poss ible addition of a parking area closer to the east side of the dog park after of
evaluation of usage and a determination a s to whether participants are willing to
park in the existing lot on the west side of the park . Further design and
development of this concept needs to occur prior to committing to a parking lot in
this area of the park;
C. installing solar lighting at thi s location; and
D. giving the Fruitdale Park location fir st priority for funding .
2) Prospect Park
Staff recommends :
A. constructing a fenced , off leash park directly we st of the existing tennis court per
page 12 ofthe Off Leas h Dog Park Task Force Recommendation report .
B. utilizing existing parking which has been determined to be available and adequate ;
C . installing solar lighting at this location; and
D . giving the Prospect Park location second priority for funding.
Due to the Italians of America Car Show scheduled at Fruitdale Park for July, construction will
not begin on the Fruitdale dog park unti l August I , 20 ll , after the conclusion of the show.
ATTACHMENTS:
1) Wheat Ridge Off Leash Do g Park Task Force Recommendation Report
2) Neighborhood Meeting Comments
3) Fruitdale Park -Revised Location Recommendation Map
Wheat Ridge Off Leash Dog Park Task Force Recommendation
November 2010
Rules and Regulations
The Task Force has fmalized a draft of rules and regulations to put in place for the dog parks. All dog
parks in the area have a set of rules and regulations and there are standards available from various
sources. The Task Force has used a combination of these resources to come up with the Rules and
Regulations for the Wheat Ridge dog parks.
OFF LEASH DOG PARK ENCLOSURE RULES
Wheat Ridge Off Leash Dog eark Rules and Regulations are designed to protect all dogs and people
visiting the park.
• Off leash dog park will be open for the same hours as Fruitdale Park.
• Dogs must be leashed when entering and leaving tile enclosure.
• Dogs must have current rabies tag affixed to the collar. All Wheat Ridge residents arc required by
ordinance to license dog(s) through the Jefferson County Dog License Program. [Reference
Section 4-31 (c) Dog and Cat licenses.]
• Dogs must be accompanied by a person 17 years or older.
• Dog owners/handlers assume full responsibility for their dog(s) and minor children.
• Dog owners/handlers must be in the enclosed area within view of their dog(s) at all times.
• Dog owners/handlers must clean up dog feces and dispose of waste in provided receptacles.
• Dogs are not allowed to harass or chase wildlife.
THE FOLLOWING ARE NOT ALLOWED IN THE OFF LEASH AREA:
• Aggressive dogs will not be permitted
• Female dogs in heat
• Dogs without current rabies vaccinations/ attached to the collar or a current Jefferson County Dog
License.
• Dogs too young to vaccinate against rabies. Per the Wheat Ridge Municipal Code Section 4-I 0,
Rabies Control (a) all dogs over the age of four (4) months shall be inoculated by a licensed
veterinarian against rabies.
• Dogs exhibiting signs of illness or known to be ill
• Dogs not under voice or sight control
Failure to abide by park rules may result in a s ummons to court and loss of privileges .
Owners/handlers assume the legal respons ibility for damage, injury or disease to pers on s, dogs or
property caused by his/her dog.
WR Dog Park Task Force Recommendation_ November 20 I 0 _ v4 rev030211.doc
Attachment 3
5
I
I·.
~ ' ~
.. " " City of
_p-WheatRi_dge
ITEM NO:~
DATE: July 25,2011
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 24-2011-AN ORDINANCE CONCERNING
APPEALS FROM DECISIONS OF THE DIRECTOR OF PUBLIC
WORKS
0 PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
~ ORDINANCES FOR 1sT READING (07/25/2011)
0 ORDINANCES FOR 2N° READING (8/08/2011)
QUASI-JUDICIAL: D YES ~NO
j/
L
City Attorney c~
ISSUE:
An ordinance providing for a right of appeal to the Board of Adjustment from cettain decisions
of the Director ofPublic Works, and repealing an obsolete provision of Chapter 13 in connection
therewith.
PRIOR ACTION:
Council discussed this issue in a study session. The City Attorney and Public Works Director
met with Council members Reinhart and Berry . The attached ordinance is the product of that
meeting.
FINANCIAL IMPACT:
None
BACKGROUND:
The Public Works Director is given authority under various chapters of the Code of Laws to
enforce those Code sections. Under Chapter 26, the Public Works Director makes certain
administrative decisions followin g final approval of a development application by the Council or
Planning Co mmission. The attached ordinance creates a right of appeal of these decisions to the
V :\Forms\C AFtemplate
Council Action Form
July 25, 2011
Page2
Board of Adjustment, which may grant the appeal based on proof of hard ship. The ordinance
a lso deletes an obsolete provision of Chapter 13 referring to the "street committee of the City
Counci l," which no longer exists.
RECOMMENDATION:
Adopt the ordinance as attached.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 24-2011, on fu·st reading, order it published, public hearing
set for Monday, August 8, 2011 at 7 p .m. in City Council Chambers, and that it wi ll take effect
15 days after final publication."
Or,
"I move to table indefinitely Council Bill No. 24-2011 for the following reason(s)
"
REPORT PREPARED BY:
Gerald E. Dahl, C ity Attorney
ATTACHMENTS:
1. Ordinance No. 24-2011
TITLE:
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ____ _
Council Bill No. 24
Ordinance No. ----
Series 2011
AN ORDINANCE CONCERNING DECISIONS OF THE DIRECTOR
OF PUBLIC WORKS
WHEREAS, the City o.f Wheat Ridge ("City") is a home rule municipality having
all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, in the exercise of these powers, the City Council has adopted
Chapter 26 of the Wheat Ridge Code of Laws ("Code") concerning zoning and
development, and Chapter 13 concerning motor vehicles and traffic; and
WHEREAS, the City Council wishes to provide for a right of appeal from certain
decisions of the Director of Public Works as authorized by said Chapter 26 and to delete
an obsolete provision of Chapter 13 in connection therewith.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-115 of the Wheat Ridge Code of Laws, pertaining to the
authority of the Board of Adjustment, is hereby amended by the addition of a new
subsection E.3, to read as follows :
E. Interpretations. The board of adjustment is empowered to hold public hearings to
decide upon requests for interpretation of certain of the provisions of this chapter in
such a way as to carry out their intent and purpose. This authority shall extend only to
the following: ·
1. The basic intent and purpose of words, phrases or paragraphs as applied to a
specific proposal or instance.
2 . Use of property as an "other similar use;" however in no instance shall the
board make an interpretation that a particular use may be permitted in a zone
district where that use id specifically enumerated in a higher; that is a more
intensive, zone district.
3 . ADMINISTRATIVE DECISIONS TAKEN BY THE DIRECTOR OF PUBLIC
WORKS FOLLOWING FINAL APPROVAL BY THE PLANNING
COMMISSION OR CITY COUNCIL , AS APPROPRIATE , MAY BE
APPEALED TO THE BOARD, WHICH IS EMPOWERED TO REVERSE OR
MODIFY SUCH DECISIONS , IN WHOLE OR IN PART, UPON A SHOWING
BY THE APPLICANT THAT THE EFFECT OF THE DIRECTOR'S DECISION
Attachment 1
WOULD IMPOSE A PARTICULAR AND UNIQUE HARDSHIP UPON THE
OWNER OF THE SUBJECT PROPERTY, AS DISTINGUISHED FROM
MERE INCONVENIENCE, AND WHICH HARDSHIP HAS NOT BEEN
CREATED BY ANY PERSON PRESENTLY HAVING AN INTEREST IN THE
SUBJECT PROPERTY.
Section 2. Section 13-1 of the Wheat Ridge Code of Laws , entitled "Standa rd
manual," is amended by the deletion of reference in subsection (c) thereof to the "street
committee of the city council," as follows :
(c) Review for compliance; requests for placement or removal; appeals. All
traffic regulatory signs and control devices shall be reviewed by the director of
public works or his designee for compliance with the warrants stated in
subsection (b) above . Any requests for placement or removal of regulatory
signs (being defined as stop or yield signs) shall be completed by any person
requesting review, and review shall be made by the public works director, or his
designee, indicating what criteria or warrants as specified above have been met ,
or not met, which review shall contain a recommended action to be taken. A«
such recommendations shall be submitted to the street committee of the city
council, ·.vhich shall review and discuss the recommendation. Any person
aggrieved by the decision of the city council's street committee to approve or
disapprove said recommendation may appeal such decision to the city council
for the purpose of obtaining a final decision from the city council. It is expressly
stated herein that the appeal process shall relate only to 'Narrant No. (5)
specified in subsection (b).
Section 3. Severability, Conflicting Ordinances Repealed . If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections , subsections and clauses shall
not be affected thereby . All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect fifteen (15) d_ays 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 p.m., in the Council
Chambers, 7500 West 291h Avenue, Wheat Ridge, Colorado .
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this day of , 2011.
SIGNED by the Mayor on this __ day of _____ , 2011.
ATTEST:
Michael Snow, City Clerk
First Publication :
Second Publication :
Wheat Ridge Transcript
Effective Date:
Jerry DiTullio , Mayor
Approved as to Form
Gerald E. Dahl, City Attorney
,~
... • City of •
JP'WheatRl_,dge
ITEMNO: 3.
DATE: July 25 , 20 ll
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE PAYMENT TO IDEAL
FENCE CORPORATION OF ERIE, COLORADO, IN THE
NOT-TO-EXCEED AMOUNT OF $16,749 FOR
CONSTRUCTION OF A POST AND METAL FABRIC FENCE
SURROUNDING A TWO-ACRE DOG PARK IN FRUITDALE
PARK
D PUBLIC HEARING
[gi BIDS/MOTIONS
D RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2ND READING
D YES
City Manager
The 2011 Fruitdale Dog Park fence project provides for a 6-foot-high round wood post and metal
fabric fence for the purpose of enclosing the proposed two-acre dog park in Fruitdale Park,
located at 4700 Miller St. in the City of Wheat Ridge.
PRIOR ACTION:
In March 2010 , Mayor Jerry DiTullio, appointed a task force to make recommendations to the
Parks and Recreation Commission and Department regarding the operation and possible location
of a dog park in the community. The scope of the task force included developing site criteria for
selection of a site, evaluating existing park locations, setting and prioritizing a minimum li st of
amenities, recommending rules and regulations for the park, creating a volunteer committee for
oversight and monitoring of the park, and reviewing park maintenance requirements.
FINANCIAL IMPACT:
Total financial impact for thi s project will not exceed $16,749 and is appropriated in the Open
Space Fund budget. Stafftime will be required to administer construction of the fence and for
maintenance thereafter.
Council Action Form
July 25 , 2011
Page2
BACKGROUND:
The Wheat Ridge Dog Park Task Force presented their recommendations to the Parks and
Recreation Commission on November 17, 2010, and to City Council at the December 6, 2010,
Study Session. Upon direction from City Council, a neighborhood input meeting was held in
January 2011. The dog park plan was then approved by City Council in February 2011. The
Fruitdale Park Dog Park fence project is the next step in the timeline provided by the Wheat
Ridge Dog Park Task Force.
RECOMMENDATIONS:
As the lowest competitive bidder, and based upon the Contractor's demonstrated capabilities,
experience and performance, staff recommends approval of the contract to Ideal Fence -
Corporation of Erie, Colorado, in the not-to-exceed amount of$16,749.
RECOMMENDED MOTION:
"I move to approve payment to Ideal Fence Corporation of Erie, Colorado, in the not-to-exceed
amount of $16,7 49 for construction of a post and metal fabric fence surrounding a two-acre dog
park in Fruitdale Park."
Or,
"I move to deny payment to Ideal Fence Corporation of Erie, Colorado in the not-to-exceed
amount of $16,749 for construction of a post and metal fabric fence surrounding a two-acre dog
park in Fruitdale Park for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Rick Murray, Parks, Forestry and Open Space Manager
Mark Ruote , Park Project Coordinator
Joyce Manwaring, Director of Parks and Recreation
ATTACHMENTS:
1. Fruitdale Park Dog Park Fence Bid Abstract
PROJECT
Fruitdale Park Dog Park Fencing
VENDOR Golden-Wheat
Ridge Fence Co.
LOCATION
TERMS deliver, construct and
install new fencing and gates
DELIVERY
DESCRIPTION
Furnish and install 1600 Lineal Feet $17,600
of 6 ' high welded wire using 4"x 8 '
round posts on 1 0 ' centers.
Furnish and install one (1) 12 ' $260
maintenance gate
Furnish and install two (2) 4' entry $280
gates
Haul off cobble $330
TOTAL $18,470
purc has ing/bid tab sheet
CITY OF WHEAT RIDGE, CO
BID TABULATION
BID/PROPOSAL NO.
OPENING DATE/TIME
07/14/11
REQUESTING DEPT.
Parks and Recreation (Parks)
Id eal Fencing Sp lit Rail Fence
Corporation and Supply
$13 ,920 $15,104
$740 $725
$620 $600
51469 $495
$16,749 $16,924
•OPENED BY
M.R
PAGE 1 OF 1 --
I
Attachment 1
~~
.. _ City of • ?Wheat~ge
IT EMNO:~
DATE: July 25, 2011
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 24-2011 -A RESOLUTION AMENDING THE
FISCAL YEAR 2011 CAPITAL INVESTMENT PROGRAM
FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE
AMOUNT OF $92,900 FOR THE PURPOSES OF THE 32N°
A VENUE WIDENING PROJECT DESIGN AND AWARDING
THE DESIGN CONTRACT TO MARTIN/MARTIN
CONSULTING ENGINEERS, LAKEWOOD, CO, FOR A NOT-
TO-EXCEED AMOUNT OF $92,900
D PUBLIC HEARING
D BIDS/MOTIONS
(gJ RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
D ORDINANCES FOR l ST READING
0 ORDINANCES FOR 2N° READING
D YES
In October 2010, The Denver Regional Council of Government (DRCOG) Board initiated a call
for projects to various government agencies for the upcoming Transportation Improvement
Program utili zing federal transportation funds available for fiscal years 2012 through 2017. Th e
City submitted an application and was awarded funding for a widening project on 32"d A venue
from Braun Court to Wright Court. The project includes the final design and construction of
additional turn lane s at various intersections along this section of street to improve the capacity
and therefore reducing traffic congestion. The federal grant provides $2,924,000 to assist in
funding th e estimated $5 ,517,000 project.
Martin/Martin Engineers has been se lected to perform the final design work for a not-to-ex ceed
fee of $92,900. A budget appropriation of said amount is required to fund the design.
Council Action Form
July 25 , 2011
Page 2
PRIOR ACTION:
None
FINANCIAL IMP ACT:
A budget appropriation of $92,900 is required from the Capital Investment Program Fund budget
to finance the project design. The project is expected to be advertised for bid in early 2012,
allowing for standard budgeting of the City's local matching funds. It is expected that Jefferson
County will participate in the local funding of the project.
BACKGROUND:
In October 2010 the City applied to the Denver Regional Council of Government for Federal
transportation funds to help finance the construction of a street widening project on 32nd Avenue
between Braun Court and Wright Court. DRCOG awarded the grant application in March 2011.
This project will address needed safety and operational improvements at the westbound I-70 off-
ramp/on-ramp at 32nd Avenue and the adjacent local intersections. The interchange was
originally constructed using a non-standard design and has never operated efficiently. The daily
interstate traffic burdens the local street network and causes unacceptable congestion during the
afternoon peak hour.
The total construction amount is estimated at $5 ,517,000. The City will receive a federal grant in
the amount of $2,924,000 and the City and Jefferson County will provide the balance, in the
amount of $2,593 ,000. City staff is working with the Colorado Department of Transportation
(CDOT) to prepare the intergovernmental agreement (IGA) for the project. The City
participation in the project construction will be budgeted as a 2012 expenditure. CDOT will
perform the contract oversight concerning federal and state regulations and the City will design
and administer the construction of the project. The City will be reimbursed the full federal
amount of the cost of the project, not to exceed $2,924,000, upon project completion.
The City is responsible for completing the construction plans and obtaining all required·
clearances for utilities, environmental approvals and right-of-way acquisitions. The design plans
developed for the Clear Creek Crossing infrastructme will be utilized for this project.
RECOMMENDATIONS:
Consultant selection was based on qualifications, project approach, experience and prior design
knowledge of this particular roadway segment. Appropriate fees for the work were then
negotiated. In this case, the existing design of the improvements was prepared by Martin/Martin
for the Clear Creek Shopping Center infrastructure requirements and this work will be utilized in
completing the project plans.
Staff recommends award of the 32nd Avenue Widening Final Design Project to Martin/Mrutin
Consulting Engineers in the not-to-exc~ed amount of $92,900. Staff also recommends a budget
appropriation of $92,900, required to fund the final design.
Council Action Form
July 25, 2011
Page 3
RECOMMENDED MOTION:
"I move to approve Resolution No. 24-2011, a resolution amending the fiscal year 2011 Capital
Investment Program Fund budget to reflect the approval of a supplemental budget appropriation
in the amount of$92,900 for the purposes of the 32"d Avenue Widening Project Design and
awarding the design contract to Martin/Martin Consulting Engineers, Lakewood, CO for an
amount not-to-exceed 92,900
Or,
"1 move to not approve Resolution No. 24-2011 , a resolution amending the fiscal year 2011
Capita l Investment Program Fund budget to reflect the approval of a supplemental budget
appropriation in the amount of $92,900 for the purposes of the32"d A venue Widening Project
Design and awarding the design contract to Martin/Martin Consulting Engineers, Lakewood, CO
for the following reason(s) "
REPORT PREP AREDIREVIEWED BY:
Steve Nguyen, Engineering Manager
Linda Trimble, Purchasing Agent
Tim Paranto, Director of Public Works
ATTACHMENTS:
1. Resolution No. 24-2011
2. Martin/Martin Design Proposal
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 24
Series of 2011
TITLE : A RESOLUTION AMENDING THE FISCAL YEAR 2011 CAPITAL
INVESTMENT PROGRAM TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF
$92,900 TO FUND THE 32N° AVENUE WIDENING PROJECT DESIGN
AND AWARDING THE DESIGN CONTRACT TO MARTIN/MARTIN
CONSULTING ENGINEERS, LAKEWOOD, CO, FOR A NOT-TO-EXCEED
AMOUNT OF 92,900
WHEREAS, the City Council wishes to utilize federal and local funds to widen
32nd Avenue by adding turn lanes at various intersections between Braun Court to
Wright Court to improve the capacity and therefore reducing traffic backup ; and
WHEREAS, the 2011 CIP Budget must be amended to provide for the design of
the 32nd Avenue improvements; and
WHEREAS, the City has selected , by an established process , an on -call
consultant to perform the final design.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council , that:
BUDGET AMENDMENT
THE CITY OF WHEAT RIDGE FISCAL YEAR 2011 CIP BUDGET BE AMENDED TO
TRANSFER AN AMOUNT OF $92,900 FROM THE CIP FUND BALANCE TO LINE
ITEM 30-303 -800-841 FOR THE 32N° AVENUE WIDENING DESIGN.
1. Project Awarded . The 32nd Avenue Widening Design is awarded to
Martin/Martin Consulting Engineers in an amount not-to-exceed $92,900 .
2 . This Reso lution shall be effective immediately upon adoption.
DONE AND RESOLVED this __ day of _____ , 2011.
Jerry DiTullio , Mayor
ATIEST:
Michael Snow , City Clerk
· Attachment 1
July 19,2011
Mr. Tim Paranto, P.E.
Director of Public Works
City of Wheat Ridge
7500 W 29th Avenue
Wheat Ridge, Colorado 80033
MARTIN /MARTIN
CONSULTING ENGINEERS
Re : 32"d Av e nue Improvements -Wright Ct. to Braun Ct.
Dear Mr. Paranto :
Martin/Martin lnc . is pl ea sed to present thi s proposal for design phase profession a l engineering serv ices
in connection with the 32"d Avenue Improveme nts Project. For th e purpose of this proposa l th e "Proj ect"
is defined as the proposed improvements to the 32"d Avenue/Youngfield Inte rsection as well as
improvements to 32"d Avenue from approximately Wright Court (east ofYoung fi e ld) to Bra un Court
(west of Alkjre Street). A meeting w as he ld on June I , 2 011 in which the City expressed the d es ire to
re pac kage portions of several documents (previously pre pa red by Marti n/Martin in connection with the
con struction of the proposed Cabe la's Project) to create a single construction project a long 32"d A ven ue
as describ ed a bove. The do c uments to be combined include :
• Youngfield Street and 32"d Avenue Intersection Plans
• 1-70 West 32"d Avenue Interchange Plans (portions relating to 32"d Avenue
improvements)
• 32"d Avenue Braun Court to Zinnia Court Plans (to be revised per Jefferson County
request)
• 1-70 West 32"d Avenue Interchange Project Special Provisions
T hi s proposal is based on inform ation gathered during the June l , 20 II discussion w ith City of Wheat
Ridge personnel as well as revi ew of the prev ious ly pre pa re d construction doc ume nts . ·
General Criteria for Repackaging of Plans, Specifications and Associated Documents
T he general c riteri a g uidin g Martin/Ma rtin 's efforts as outlined in thi s proposal are as follo ws:
A. Revise a nd repackage plan sets into a s in g le construc tio n plan set that meets COOT & FHW A
s tandards for fed erally funded proj ects .
B. Des ig n all interim faciliti es and transitions (stormwater facilities, ret a ining wall trans ition s ,
media n treatments, roadway transitions, traffic s ig nal s, etc.) to minimi ze future re -work .
Streetscape features will be incorporated, whe re practicable, in acco rd a nce with C ity of Wheat
Ridge Streetscape Design Ma nu a l.
C. Plans, s pecifi cations , and cost estimates fo r the overall Project will be s ubmitted to the C ity and
C OOT for review assuming a "combined Fr R!FOR" process.
Attachment 2
12499 WEST COL FAX AVENUE, LAKEWOOD, COLORADO 80215 • PH O NE: 303.431 .6100 • FAX 303.431 .4 028
Page2
July 19,2011
D. Separate FIR & FOR meetings will be held with Jefferson County on the portion of32"d Avenue
from Zinnia Street to Braun Court.
E. Project Specifications will be updated to current versions and to be consistent with the 20 II
version of the COOT Standard Specifications.
F. King Soopers entrance east ofYoungfield will remain at the existing location.
G. Concrete pavement will be used at the 32"d/Youngfield and 32nd/Zinnia St intersections.
H. No additional R.O. W. (from what was secured by Cabela's for the previously proposed projects)
will be purchased for the Project.
I. Topographic mapping previously prepared by Farnsworth Group will be used for the Project.
l. PROPOSED SERVICES
The following is a listing of the anticipated engineering plans/services (and associated fees) to be
provided by Martin/Martin for the Project.
A. Youngfield & 32"<1 Ave. Intersection
I. Revise Plans and for concrete-only intersection ................................................................. $800
2. Revise quantity calculations as required ............................................................................. $800
3. Prepare Summary of Approximate Quantities sheets ........................................................ $1200
4. Prepare and incorporate Quantity Tabulations .................................................................. $1600
5. Prepare CDOT SWMP sheets ........................................................................................... $1600
Task A-Subtotal ........................ $6000
B. 32"d Avenue from Youngfield to Zinnia Street (Plans extracted from 1-70 Plan Set)
I. Revise plan s heets for incorporation into the overall set .................................................... $4000
2. Revise removals to leave existing 1-70 WB ramps in service ............................................... $800
3. Provide interim transition-N01th le g of future Cabela Drive Intersection ........................ $1000
4. Provide interim transition-£70 WB on-ramp (Future Ramp C) ........................................ $1200
5. Design and detail temporary storm outfall and water quality north of32"d ...................... $7,500
6. Review retaining wall layout -revise for interim condition .............................................. $2400
Task B -Subtotal ..................... $16,900
C. 32"d Avenue from Cabela Dr./Zinnia to Braun Ct.
1. Redesign per direction from Jefferson County .......................................................... $11,000
2. Prepare Construction Plans ......................................................................................... $21 ,500
Task C -Subtotal ..................... $32,500
D. Overall Project Elements
I. Revise and update Project Special Provisions ................................................................... $1900
2. Revisit/Revise Pavement Sections (Kumar and Associates) ............................................. $3500
3. Overall Construction Phasing/Traffic Control Plan .......................................................... $6500
4. Overall Lighting/Electrical Plan ........................................................................................ $5500
5. Overall Streetscape Plan ........ · ............................................................................................ $2400
Task D-Subtotal ..................... $19,800
Page3
July 19,2011
E. Agency Coordination and Project Management
I. Coordination with Ditch Companies ................................................................................... $800
2. 3 Agency seeping meetings will be held -one each with CDOT/FHWA,
Jefferson County and Wheat Ridge ................................................................................... $2300
3. Weekly Status meetings with City of Wheat Ridge (12 meetings) ................................... $5500
4. 2 working sessions w ith COOT ......................................................................................... $1500
5. 2 working sessions w ith Jefferson County ........................................................................ $1500
6. Jefferson County FIR .......................................................................................................... $750
7 . Jefferson County FOR ....................................................................................................... $1 050
8. COOT combined Flit/FOR ............................................................................................... $1500
Task E-Subtotal .......•..•.......•.. $14,900
F. Direct Non-labor Expenses
I. Travel .................................................................................................................................. $800
2. Printing .............................................................................................................................. $1500
3. Mi sce llaneous ...................................................................................................................... $500
Total Direct Non-labor Expenses ........................ $2800
TOTAL PROPOSED FEE ....•........................... $92,900
IT. PROJ ECT SCHEDULE
The following te ntative mil esto ne sc hedul e was based on th e di sc ussion s on June I , 2 011 and will
need to be adjusted based upon a new "Notice to Proceed" (NTP) and as the project pro ceeds , and th e
seepin g meetings ha ve been held.
• NTP ........................................................................................ June 27,2011
• Agency Seeping Meetings .................................................... July 5-7, 2 0 II
• 32"d Avenue West of Zinnia FlR s ubmitta l .......................... .July 2 1,20 I I
• 32"d Avenue West of Z innia FIR meeting ............................ Aug ust 5, 2011
• Combined FIR/FOR submittal ........................................... Au g ust 26, 2 011
• Combined FIR/FOR meeting ....................................... September 16 , 2 011
• Final Submittal ............................................................. September 30, 20 I I
• Final Revi s ions ................................................................... October 7, 20 II
Ill. CUENT RESPONSIBILITIES
For Martin/Martin to effectively provide th e de sc rib ed Services the following information is necessary
prior to start of work:
A. City to provide a uthorization from deve loper (Cabela's) to modify/use plans/designs prepared at th e
direction of developer.
B. Geotechnical E ng ineering support.
Page4
July 19,2011
C. Design criteria for the project.
D. Design/construction schedule.
IV. ADDITIONAL SERVlCES
All services not listed under "Services" are considered Additional Services. The compensation for these
services will be in addition to that for "Services." "Additional Services" include, but are not limited to
the following:
A. Topographic Survey.
B. Environmental Assessments/Analysis/Inventories and reevaluation of existing studies.
C. Hydrologic/Hydraulic studies and/or reports.
D. Engineering services incident to project scope changes beyond Martin/Martin's control.
E. Services in connection with change in government requirements instituted after the date of Traffic
Studies.
F. Community outreach, hearings, workshops and/or other public involvement activities.
G. Verifying the accuracy of information furnished by others.
H. Preparing documents for out-of-sequence services.
I. Making revisions to drawings , specifications, or other documents when such revisions are
inconsistent with prior approvals or instructions.
J. Land Site Planning, Subdivision and/or Platting.
K. Legal Descriptions and Right-of-way Acquisition Services
L. lrrigation System Design and Plans.
M. Traffic Studies.
N. Master Drainage Studies.
0. Geologic Mitigation/Stabilization Analysis and Design.
P. Preparing "As Built" or record drawings.
Q. Providing representation and/or observation at the work site during construction.
R. Providing services in connection with future facilities , systems or equipment, which are not
intended to be constructed as part of this project.
S. Services during bidding and negotiation.
T. Services during construction.
U. The following Additional Services will be coordinated by or provided through Martin/Martin by
Owner approved sub-consultants to Martin/Martin if requested:
I. Geotechnical investigations/engineering.
2. Landscaping design.
3. Irrigation system design.
4. Environmental analysis/inventory.
5. Traffic studies.
6. Property land title abstract/report.
Page 5
July 19,2011
V. COMPENSATION
A. "Services," upon which compensation is based, were determined from June I , 2 011 discussion with
City of Wheat Ridge pe rsonnel.
B. "Services" will be charged on an hourly not to exceed basis following the Schedule of Rates and
Charges li sted below, the total fee for Services (inclus ive of direct non-labor e x pens e s, or s ervices
provided by others but furni s hed by Martin/Martin) will not exceed $92,900.
C. Non-labor expense is included within the fee stated.
A . "Additional Services " will be provided on an hourly basis following the Schedule of Rates and
Charges listed below.
B. lfMartin!Martin is required to provide services under this A g reement beyond June 30 ,202 1,
compensation will be increased 5% per s ix month period beyond that date.
C. As stated herein, compensation to Martin/Martin will be according to the following Schedule of
Rates and Charges :
I. Title Rate
Principal.. ............................................ $150.00 CAD Operator 11 ................................... $70.00
Associate ............................................ $135 .00 CAD Operator l .................................... $60.00
Sr. Project Engineer ........................... $1 25.00 Survey Manager. ................................. $1 35.00
Project Engineer ................................. $1 I 0.00 Survey Crew (2-man) ......................... $145.00
Professional Engineer ........................ $100.00 Survey Crew ( 1-man) ......................... $110.00
Engineer EIT 11.. .................................... $90.00 Survey Technician II (LSIT) ................ $85 .00
Engineer EIT I ....................................... $80.00 Survey Technic ian 1 .............................. $75 .00
Hydrologist ......................................... $105 .00 Construction Services Rep ................... $90.00
Sr. Designer ........................................ $105.00 Administrative ...................................... $55.00
Designer ................................................. $93.00 Engineer Intern ..................................... $5 5.00
CAD Technician .................................... $80.00
·rnese rates are subject to change at the beginning o f ea ch year.
2 . In house plotting and printing cos ts will be charged as follows :
Photo copies at $0.04 per s heet.
Color photo copies $0.25 per s heet.
Bond Sheets $0.10 per s .f.
My Iars at $3.40 per s.f.
Color plots $6.00 per s .f.
Mileage will be charged at $0.555 per mile.
3 . Other consultant or profess ional services provided by others but furni s hed by Martin/Martin
under this Agreement at a multiple of 1.1 times amount billed to Marti n/Martin.
4 . Non-labor ex pens e such as trans portation, s ubs istence, lodging, long di sta nce te lephone, field
office, reproduction, a nd s hipping/messeng er s ervice at a multiple of 1.1 times a mount bill ed to
Martin/Martin.
5. Funds advanced by Martin/Martin for permit fees, a pplications a nd incid e ntal project fe es w ill
be re imbursed to Martin/Ma rtin a t Martin/Martin's cost plus LO%.
Page6
July 19,2011
This Agreement, together with the "Martin/Martin Terms and Conditions" and any other Attachments and
Exhibits hereto and made a part hereof, represents the entire Agreement and supersedes all prior
negotiations, representations, or agreements, whether written or oral. Amendment shall be by written
instrument only, signed by all parties.
If this Agreement is satisfactory, please sign below and return one copy to Martin/Martin as authorization to
proceed.
Cordiall y,
Martin/Martin, Inc. ("MARTIN/MARTIN")
ACCEPTED: ("CLIENT")
By: ____________ _
Name: _____________ _
Title: _____________ _
As Principal or Agent for
Attachment: Supplemental Terms and Conditions
GAT.njt