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HomeMy WebLinkAboutCity Council Meeting Packet 04-25-16CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING April 25, 2016 7:00p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Maureen Harper, Public lnfonnation Officer, at 303-235-2877 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 April11, 2016 and Study Notes of April4, 2016 PROCLAMATIONS AND CEREMONIES Citizen Recognition -Bob Murphy Arbor Day and Tree City USA National Small Business Week Volunteer Appreciation Day -Police Department 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 08-2016-Approving a Zone change from Planned Commercial Development to Planned Industrial Development and a request for approval of an Outline Development Plan for Property located at 12700 W. 441h Avenue (Case No. WZ- 15-10) CITY COUNCIL AGENDA: April 25, 2016 Page -2- DECISIONS, RESOLUTIONS AND MOTIONS 2. Motion to award the 2016 Overlay Project Base Bid and Bid Alternatives 1 and 2 to Martin Marietta Materials, Westminster, Co., in the amount of $1 ,655,969 with a contingency of $82,800 for a total amount not to exceed $1 ,738,769 (ITB-16-10) CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURN to STUDY SESSION @JIDN~~ CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING April11, 2016 Mayor Jay called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLLCALL OF MEMBERS Monica Duran Tim Fitzgerald Zachary Urban George Pond Kristi Davis Genevieve Wooden Janeece Hoppe Larry Mathews Also present: City Clerk, Janelle Shaver; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Chief Daniel Brennan; Community Development Director, Ken Johnstone; Public Works Director, Scott Brink; Administrative Services Director, Heather Geyer; City Treasurer, Jerry DiTullio; other staff and interested citizens. APPROVAL OF MINUTES OF March 28,2016 and Study Notes of March 21, 2016 There being no objection, the Minutes of the Regular City Council Meeting of March 28, 2016 and the Study Session Notes of March 21 , 2016 were approved as published. PROCLAMATIONS AND CEREMONIES National Crime Victims' Rights Week Mayor Jay read a proclamation declaring the week of Apri110-16, 2016 as Crime Victims' Rights Week. Dana Easter, from the DA's office and VOl board member, thanked the City and the WRPD for the good relationship they enjoy. Chief Brennan spoke about the services that are in place for victims of various types of crimes. WRPD Officer Mark Cooney was present to receive the proclamation. Mayor Jay announced a program being carried out by the Metro Mayors to collect crockpots for homeless people who live in motels. Anyone who would like to donate a crock pot should bring it to City Hall by April 15. City Council Minutes April11, 2016 Page 2 CITIZENS' RIGHT TO SPEAK Mariann Storck (WR) made several points: • Developing a prime commercial corner with a big box anchor is an old idea that started in the 1980's. The advent and growth of online shopping has changed that. • The City's economic development managers should be seeking new, exciting, 21 51 Century development that will serve millennials and their descendants. • If we are going to use TIF's to bribe developers to locate in WR. they should not go to big box anchors that have already saturated the market area. • She asked for three things: 1) Throw out old-style, boring plans in favor of something fun and 21 51 Century. 2) Follow the directives of the electorate. Fight for and enforce all aspects of 300. She questioned the city manager's two-year extension of an agreement that is in complete violation of what a majority of citizens agreed on. 3) Find a way to discover and attract smaller businesses looking for more space. Patrick Goff responded that a TIF is a legal, financial mechanism that the City has used and City Council has approved. There is no bribing going on in the City. Kathy Tolman (WR) offered support for Mariann Storck's remarks. Diane Potter (WR) supports Mariann Storck's remarks. She's concerned about living in a city where the Council and Quadrant go ahead with a development when Question 300 was in the works. It's very discouraging that wasn 't considered. Her other concern is the east side of Wadsworth. Now Hancock's is closing. If we build a big box that competes with Safeway, we'll lose Safeway. What will we do with all those empty stores? Michaellllo (WR) sees the Council as dysfunctional. He sees discrepancies in the amount of time councilmembers get to speak. He's noticed citizen speakers are not always treated equally. -In researching the 'WR Wants 28' campaign, which he thinks is very similar to the Cre8 Your 38 plan, he found it contained 3 councilmembers, the Mayor and the 6 top members of the board of directors of Localworks. This feels like maybe cronyism or, at the least, conflict of interest. Division doesn't come from councilmembers who represent the majority, but from those who represent special interests. If they were that emotional about bringing in Walmart or digging up the sidewalks on 381h Avenue, maybe they shouldn't have run for a position where they'd have to represent the people of Wheat Ridge. He'd like to see the Council become a unified entity, but that can only happen if it stands behind its constituents. Tracy Langworthy (WR) announced the 3rd annual kite festival held this year in connection with Dia de los Ninos. WRPD will be there to check car seats. Folks should look for fliers around town for more details. The event is Saturday, April 30 from 11 am- 4pm at Anderson Park. Flight for Life will be landing sometime during the event. -She listed good things she's seen around town -new signage, houses going up, people on Kipling trail, and more cars at the Kipling trailhead. City Council Minutes April11 , 2016 Page 3 John Clark (yVR) reported the STEM/STEAM Gala on Saturday was overwhelming. He thanked Councilmember Wooden for her work helping put the Gala together and others who attended -Mayor Jay and past mayors, Councilmember Duran and some past councilmembers, staff members and folks from the businesses community. Their support is appreciated. Principal Worth told about the Shades of Blue program this Saturday from 10-noon at the High School. Astronaut Joe Taylor, who has been to space four times, will be speaking. Everyone is invited. After noon, the STEM team will have their cars outside doing some testing, getting ready to go to Detroit. -He also noted that he has applied for the vacant District IV position on the Urban Renewal Authority. Vivian Vos f.YVR) addressed a number of issues about timing in the Council Rules- especially questioning how the timing of public comment is determined and what she sees as discrepancies with some councilmembers talking longer than prescribed. She'd also like to see a public clock that everyone can see. Clerk Shaver distributed to Council a flier from the folks at the Grange announcing their Community Night at 6PM Thursday, May 19 at the Grange. There will be a potluck dinner and the announcement and honoring of their 36th annual outstanding community member of the year. Everyone is welcome. APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING .1. Council Bill 05-2016-An Ordinance Imposing a Temporary Moratorium on the submission, acceptance, processing and approval of applications and requests for a permit, license, land use approval or other approval for a Freestanding Emergency Room Facility Imposing a 365-day moratorium on applications and requests related to freestanding emergency room facilities will allow City Council time to evaluate-and amend, if desired -the City's existing regulations concerning these facilities. Councilmember Wooden introduced Council Bill 05-2016. Clerk Shaver assigned Ordinance 1595. Mayor Jay opened the Public Hearing Staff presentation Attorney Dahl explained that free standing emergency rooms are a relatively new land use. This moratorium will provide time for Council to see if and what regulations may be appropriate. City Council Minutes April11 , 2016 Page4 Council questions Councilmember Urban received confirmation that existing emergency rooms are not affected by this ordinance. Mayor Jay closed the Public Hearing. Motion by Councilmember Wooden to approve Council Bill 05-2016, an ordinance imposing a Temporary Moratorium on the submission, acceptance, processing and approval of applications and requests for a permit, license, land use approval or other approval for a Freestanding Emergency Room Facility on second reading, and that it take effect fifteen (15) days after final publication; seconded by Councilmember Urban; carried 8-0. ORDINANCES ON FIRST READING 2. Council Bill 07-2016-An Ordinance approving the rezoning of property located at 10803 W. 441h Ave. from Agricultural-One, Residential-Three, and Commercial-One to Mixed Use-Neighborhood (MU-N) (Case No. WZ-16- 01/Fruitdale) • The Wheat Ridge Housing Authority owns the 1.41 acre parcel which contains the historic Fruitdale School. • The purpose of the rezoning is to facilitate sale of the property for redevelopment. • The rezoning not only consolidates the zoning, but also modifies the list of allowed uses and simplifies the review and approval process for any future owner. • The WRHA is currently under contract to sell the property to Hartman Ely Investments (HEI) so they can redevelop the building into 16 loft-style apartments. • If for some reason HEI does not move forward, the MU-N zoning is considered appropriate for the location. Councilmember Wooden introduced Council Bill 07-2016. Motion by Councilmember Wooden to approve Council Bill 07-2016 -an ordinance approving the rezoning of property located at 10803 W. 44th Ave. from Agricultural-One, Residential-Three, and Commercial-One to Mixed Use-Neighborhood (MU-N) (Case No. WZ-16-01/Fruitdale) on first reading, order it published, public hearing set for Monday, May 9, 2016 at 7:00pm in City Council Chambers, and that it take effect 15 days after final publication; seconded by Councilmember Fitzgerald; carried 7-1 , with Councilmember Mathews voting no. DECISIONS, RESOLUTIONS AND MOTIONS City Council Minutes April 11 , 2016 Page 5 ~ Motion to approve the Annual Support and Licensing Renewal Agreement for the Cartegraph System, with Payment of $45,499 to Cartegraph, Inc., Dubuque, lA This budgeted item is an all-inclusive package that includes licensing, technical support, software upgrades, bug fixes and patches, plus technical support to implement software enhancement and fixes. Councilmember Mathews introduced Item No.3 There was no staff presentation or questions from the Council. Motion by Councilmember Mathews to approve the annual support and licensing renewal agreement for the Cartegraph System, with payment of $45,499 to Cartegraph, Inc., Dubuque, lA; seconded by Councilmember Duran; carried .8-0 DISCUSSION ITEMS 1. Council Rules and Procedures Mr. Goff reported that City Council Rules are to be reviewed by Council within three months of an election. Earlier scheduled discussion had to be postponed due to a snow storm. He noted that following discussion any changes would be presented at the next regular meeting followed by approval at the following regular meeting. Discussion ensued. Mr. Dahl took notes on particulars and will bring the amended Rules back to Council for approval. Discussion points and changes included: • Consensus to have Council Rules control when there is conflict with other rules • Consensus that the notice for all meetings be posted at least 72 hours prior to the meeting, with the exception of emergency special meetings • Consensus that in addition to posting meeting notices in the City Hall lobby, they will also be posted on the City website • Discussion of "informal meetings" -which are open to the public • Notice of a meeting is not required unless a quorum will be present. • There is no responsibility to post notice of meetings called by other bodies, where any number of councilmembers may be in attendance. • Public meetings called by the City for the citizens -such as open houses or public input meetings are not considered "meetings of the City Council". • Positioning the words "All meetings of the Council are open to the public" first. • City Clerk to be the timekeeper for Citizen's Right to Speak • Citizens comment on study session agenda items and regular meeting discussion items be limited to three minutes City Council Minutes April11 , 2016 Page 6 • Discussion of councilmembers being on other boards and voting twice on the same matter • Agreement to accept Mr. Dahl's recommendation that Paragraph H.4 (Right of floor discussion) be deleted as it is never followed • No changes on how and when items are added to the agenda by two councilors • Question about when it is appropriate to contact the City Attorney. Mr. Dahl explained to whom he replies on what types of emails. Answers related to policy questions are copied to all. 2. City Treasurer Report -Jerry DiTullio Mr. DiTullio went through the 2015 Year End Report Highlights • Overall, the City received more revenue that predicted and spent less than was budget for. • The City ended 2015 with a healthy unrestricted fund balance of 26.5%. (Policy target is 25%, with a minimum threshold of 17%.) • Amount of funds invested at year's end totaled $9.2M. Additional items of note: • He will be adding a monthly report that Council and citizens can watch for. • Sales tax is increasing with increased retail activity; property tax will remain stagnant unless property values go up. • ESTIP (TIF) money is going into economic development • "Central charges" ($3.5M) expenditures include health insurance, workman's comp, uninsured, benefits, etc. • "Reserved for emergency" funds ($1M) is restricted by TABOR and can only be spent on emergencies. • Open checkbook software (for the webite/public) is $7,500 more and would require staff time to export the data daily, weekly and monthly. He suggested looking at this report he will be providing over the next few months before pursuing the open checkbook. • Ms. Geyer noted that public requests for financial data is very rare, but if people want that information it's certainly available by Public Information Request. Council questions • The EPA Brownfields grant ($96K revenue in 2015) is part of a $4M grant that can be spent over 4 years. Monies are reimbursed to the City from the grant as they are spent (in/out). Sometimes that figure is hard to estimate accurately. • Ms. Geyer reported our budget software system ADG (American Data Group) is a Tier 3 system which unfortunately does not enable export to the Socrata system on the City website that is available to the public. The information on the website has to be hand-transferred. • A number of the grants are multi-year grants and the amounts are dependent on staffing needs/arrangements/plans. City Council Minutes April11, 2016 Page 7 • "Retail marijuana fees" come from fees we charge and what the state must return to us. Sales tax from marijuana is not an isolated figure; it's lumped into general sales tax. • For marijuana tax revenue look at the taxation links on the Treasurer's page. • Mr. Goff will get the figure for total marijuana tax last year to the Council. • The new monthly reports on the Treasurer's page will list Council-approved funds as "2016 Adjusted" and the actual numbers that come in monthly will be "2016 Actual". • The Fruitdale project ($1 .2M) is a separate item that will generate interest and grow. • Admissions tax (4%) is for movie theaters (don't currently have) and bowling alleys. In 2016 bowling generated $43K in admissions tax, plus general sales tax. • Expect a total fund report monthly. CITY MANAGER'S MATTERS None CITY ATTORNEY'S MATTERS None ELECTED OFFICIALS' MA TIERS Clerk Shaver spoke about a scam in the area. A company (possibly called Creative Concepts) is conducting door-to-door sales of fraudulent restaurant coupons. If persons encounter something like this, they are asked to call dispatch at 303-237-2220. Monica Duran thanked citizen for their comments. She's never personally offended when people tell her what's on their mind. Janeece Hoppe also thanked people for coming in to speak, and for the emails and calls letting Council know their thoughts and comments. Zach Urban noted that "Citizen Comment" is placed first in the Council Rules. He appreciates the will and energy it takes to come and speak at a meeting. He believes it's important that people be allowed to speak their piece, but he also suggested a balance between stating one's opinion and making direct accusations or specific claims against individuals. -From the Colorado Municipal League he pointed out that testimony on SB177 (Urban Renewal legislation) will be taken tomorrow at 2pm in Senate hearing room 353. Citizens can testify in person or listen to the hearing live on the CO General Assembly website. George Pond noted the great new assets in our Parks system -the Kipling Trail and the Kipling trailhead. It's nice to see them coming together. City Council Minutes April11 , 2016 Page 8 Genevieve Wooden noted the STEM/STEAM Gala was well attended and successful. Preliminary estimates are that about $25,000 was raised , which can help with capital purchases and program funding. She thanked everyone who came and participated. - She also announced that the WRHS Winter Percussion Ensemble won a gold medal in the state competition at the Air Force Academy this past weekend. They won first place in the Rocky Mountain Percussion Association competition . Tim Fitzgerald reported the Wheat Ridge Business District gave a small grant to a medical practice to repaint their building. -He reminded people of the final Cre8 Your 38 meeting on April 27 at 6pm at the Rec Center. Kristi Davis acknowledged the Mountain Phoenix School also had a nice fund raiser this past weekend. She enjoyed the silent auction. She made the point there are a lot of good folks out there giving time and commitment to support the kids and schools in our community. She thanked them. Mayor Jay reminded folks to donate a crock pot. ADJOURNMENT The Regular City Council Meeting was adjourned at 9:15pm. APPROVED BY CITY COUNCIL ON April 25, 2016 George Pond, 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. STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W . 29th Avenue April 4, 2016 Mayor Joyce Jay called the Study Session to order at 6:30p.m. Council members present: Janeece Hoppe, Monica Duran, Kristi Davis, Tim Fitzgerald, George Pond, Zachary Urban, Genevieve Wooden, and Larry Mathews Also present: City Clerk, Janelle Shaver; City Manager, Patrick Goff; Parks & Recreation Director, Joyce Manwaring; Community Development Director, Ken Johnstone; Public Works Director, Scott Brink; other staff, guests and interested citizens. PUBLIC COMMENT ON AGENDA ITEMS Bob Brazell (WR) commented unfavorably about the recent 38th Avenue design process. He noted the two final proposals both require changing the road width and the voters have already rejected that. If Council is going to go against the public's wishes, he urged them to be cautious. Deana Swetlik (WR) spoke in support of transforming the 1/2 mile stretch of 38th Ave in the heart of the City. It comprises 5% of the city's commercial corridors. She has invested in WR by buying a home here and she wants the City to invest also. She believes this is necessary to remain competitive on the Front Range and that improving our city is a constant ongoing responsibility. Ruth Baranowski (WR) is excited about needed improvements for Prospect Park, but has concerns about the amount of new asphalt and concrete proposed. Conservation efforts to improve water quality in the Clear Creek corridor are ongoing and this plan seems to remove essential landscaping. Too much concrete/asphalt leads to algae, and more trees are needed. She hopes this will be considered by Council and the staff. Elizabeth Smith (WR) owns property next to Prospect Park and shares concerns about the amount of asphalt-specifically the new roadway. She hopes the area south and east of the new driveway will be native plants and trees. It's needed for aesthetics and as a buffer. Being on the Oulette Ditch board, she knows there are areas where bluegrass is not allowed. She's also concerned about runoff into Clear Creek. Kim Calomino (WR) encouraged Council to support the outcomes of Cre8 Your 38. Many citizens participated; the outcomes deserve to be respected. She encouraged them to look at the statistics, research and reasons why a 3 lane road is supported. Council needs to recognize it's time to invest in our community. Ann Brinkman (WR) urged Council to continue with the Cre8 Your 38 process. She made two points: 1) Ballot quesUons are a common practice in democracy; Council should not be deterred by threats. 2) The demographics of the City are changing rapidly STUDY SESSION NOTES: April 4, 2016 Page -2- and Council should get on the right side of history and support a fully implemented main street. APPROVAL OF AGENDA 1. Staff Reports(s) none 2. Prospect Park Master Plan Update -Joyce Manwaring Ms. Manwaring began with background information. • The new Parks and Recreation Masterplan, adopted in April 2015, recommends redevelopment of Prospect Park. • A firm was hired to create a masterplan for Prospect Park. • Draft plans were presented at a public meeting in March; some revisions were made. • The Parks/Recreation Commission reviewed the plan and recommends approval. • We have adequate park land to serve our population; all new park land has been developed; renovation and upgrading of older parks is next. • This park has had no major renovations or updates for 35-40 years. Carol Henry of Design Concepts went through the proposed plan for the park. The final plan recommends the following major improvements for the park and trailhead: • New entrance into the park on 44th Avenue • Replace and relocate the large southern pavilion (age, condition, bam swallows) • Relocate football field to the old Lovejoy property east of current football field; existing football field area to be dedicated permanently to the baseball fields. • Upgrade existing ball fields with new infield mix and outfield sod ; improve drainage; add permanent fencing; address ADA issues; add trails to the new football area • Replace the restroom/storage/concession building with a larger brick structure • Remove the tennis courts • Add six pickle ball courts • Construct new foot path on the west side, separate from the Clear Creek Trail • Relocate playground, basketball court, horseshoe pit and trailhead kiosk to align with construction of an additional new road to access the south pavilion area • Additional new amenities to include o new picnic shelters, o a fishing boardwalk, o a pedestrian bridge (SW corner of lake), o improve the northern edge of the lake, including fishing dock and shelter o permanent outfield fences for baseball fields, o buffering on the south side of the football field, o new walkways throughout. Council discussion. STUDY SESSION NOTES: April4, 2016 Page -3- • Current bleachers will stay, but ADA access will be upgraded • Left/right sight distance at the entrance on 441h is a concern. • Youth sports leagues are charged $10 per player, which goes into the City coffers. • The playground is not new equipment; it will just be moved a little to the west. • The number of parking spaces won't increase, just reducing the amount of space covered in asphalt. • Plans are to keep the Berbert House and renovate later as a separate project. Can become a space to rent out, but it needs renovation. The youth sports storage in the Berbert House will be moved to the new storage building. • Moving the playground may improve safety, but there aren't really any security or safety issues about the park at this time. • Money for these renovations will come from Fund 32, our attributable share of Open Space money. There is also Conservation Trust Fund money and grants available from GOCO and Jeffco Open Space. • It is yet to be decided what the phasing will look like. This project will likely take four to five years. Councilmember Fitzgerald received consensus to proceed with the plan as proposed. 3. Presentation of "Our Energy Future" by Xcel Energy-Preston Gibson Mr. Gibson gave a power point presentation about Xcel's position in the energy community. "Our Energy Future", launched by Xcel in 2016, is a comprehensive energy strategy focused on empowering customers, powering the economy and powering technology. Customers will have more options and control in their energy usage. They are in the process of replacing coal with gas and adding some wind and some solar. Folks will notice three of the four smoke stacks at 641h & York are gone now. Elements of the strategy include: • Xcel has filed to joint venture with companies that drill for natural gas. Purchasing gas reserves now while the cost is low passes the savings on to the customers and helps keep prices low. • Two ICT (INNOVATIVE CLEAN TECHNOLIGY) projects. This is solar-to-battery storage. One project with Panasonic and the City of Denver out by DIA is to determine the commercial viability of large scale storage of renewable energy. Another project is by Stapleton. • Modernization of the distribution grid to facilitate 2-way power flow. • Replacing high pressure sodium street lights with energy-efficient LED technology. No upfront conversion cost to the City and will save 5-7% in costs. • Phase 2 Electric Rate Case-addresses rate design and important tariff revisions; adds more transparency (customers will have a breakdown of the various costs they're billed for) STUDY SESSION NOTES: April 4, 2016 Page -4- • Solar Connect-customers can choose and pay for 1 00% solar power. He went through a handout with data about ..... . • Breakdown of Wheat Ridge customers -electric/gas, business/residential • $2.6M paid to the City in franchise fees and taxes • Support of WR businesses ($3.4M in 2014); Xcel's workforce (3,750 employees) • Support of charities, energy efficiency programs, and clean energy Due to mounting outages in Wheat Ridge ..... . • In 2014 Xcel rebuilt some equipment west of Wadsworth between 38th-441h. • The area east of Wadsworth between 44th-38th received smart technology so when outages occur they will be limited to a smaller number of customers. • Elsewhere they are replacing wiring, poles, transformers and other equipment. Council had no questions and there was no discussion. 4. 38th Avenue Update -Mark Westberg Mark Westberg highlighted the Cre8 Your 38 process to date. • 300 people attended Meeting 1; 700 participated online • Priorities were safety and economic success • 33 designs were created , only 3-lane designs received greater than 50% support. The preference of the participants was for 3 lanes. • 66% preferred 8 ft sidewalks and 4 ft wide amenity zones. • 64% preferred no bike lanes. • 68% preferred parking to be included where possible. • 71% preferred staying in the existing ROW • 50+ attended Meeting 3 where two refined designs were presented. o Reconstruct package: 8ft sidewalks; 4ft amenity zones; $7.5-9.75M o Retrofit package; 5 ft sidewalks; 4+ft amenity zones; $4 .5-6.75M o 70% prefer the Reconstruct package. Future dates - • April 27-Open House. No presentation; stations and tables with images of the preferred design. Sticky notes for public comments; also an anonymous comment box. Online comment format available after the meeting for those who can't attend. • May 161h --Return to Council with options for implementation and request direction Council questions/comments: Monica Duran received confirmation that the $9. 75M covers Wadsworth to Harlan . Tim Fitzgerald received confirmation that duplicate participation in the initial meeting survey process was prevented as much as possible. Zach Urban asked what steps were taken to engage business owners. The City wasn't involved with that; the consultant met with different groups and businesses. Everyone received postcards; they tried to involve everyone. STUDY SESSION NOTES: April 4 , 2016 Page -5- Larry Mathews shared some opinions he's received from folks in emails. 1) "If 40% of the people vote for something only 40% of the Council has to support it." He doesn't agree with that; he believes the majority rules and Council should follow the will of the majority. 2) "The 28 vote doesn't count now because it was 1 1/2 years ago." He doesn't think 28 has an expiration date. -He won't support anything on this issue that doesn't go to a vote of the people because 58% of the people already voted against this. He believes it's his job to bring the will of the people into this room. Monica Duran supports putting it to a vote of the people -adding that the ballot issue should include cost, source for funding, street width and design. Zach Urban suggested if this is put on the ballot it should be segregated to this specific issue-not linked to any other sales tax or ballot issue package. It should stand alone. 5. Elected Officials' Report(s) Monica Duran reported the Grange is having an educational gardening event April 21st from 6-8pm. Co-sponsor is Al's Pine Garden Nursery. The event is family friendly, with a presentation for adults and a craft for kids. RSVP to dom.e.breton@gmail.com or at Al's Pine Garden. -She also announced the Wheat Ridge Fire Department is having a town hall meeting Wednesday, May 25 at the Grange to answer questions and concerns about the merger with West Metro. ADJOURNMENT The Study Session adjourned at 8:47p.m. APPROVED BY CITY COUNCIL ON April11, 2016 George Pond, Mayor Pro Tern "'~ . " .... .,. City of . • JP'"Whe atR:l_.dge ITEM NO: f, DATE: April25, 2016 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 08-2016 AN ORDINANCE APPROVING A ZONE CHANGE FROM PLANNED COMMERCIAL DEVELOPMENT TO PLANNED INDUSTRIAL DEVELOPMENT AND A REQUEST FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 12700 W. 441h AVENUE (CASE NO. WZ-15-10) D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS [8) ORDINANCES FOR 1sT READING (04/25/16) D ORDINANCES FOR 2N°READJNG (05/23/16) QUASI-JUDICIAL: [8) YES D NO f)!kuuMiJI- City Manager ISSUE: The request is for approval of a zone change from Planned Commercial Development (PCD) to Planned lndustrial Development (Pill) and tor approval of an Outline Development Plan for property located at 12700 W. 44th Avenue. There is a concurrent request for approval of a Specific Development Plan for the same property which will be considered for approval by resolution during the same public hearing for the ordinance on second reading. The intent of the PID is to construct a high-quality, indoor self-storage facility. PRIOR ACTION: The Planning Commission heard this request at a public hearing that was opened on March 17, 2016 and continued to April 7, 2016. The final action taken by the Planning Commission is incomplete and the P lanning Commission will complete the actions on both applications at a meeting on April 21 , 2016. The staff report, minutes of the meeting and final recommendations by Planning Commission wiJI be included with the ordinance for second reading. Council Action Form -Zoning Change for 12700 W. 44th April 25, 2016 Page2 FINANCIAL IMPACT: Fees in the amount of $2,650.00 were collected for the review and processing of Case Nos. WZ- 15-1 0 and WZ-15-11. If the proposed rezoning and Specific Development Plan are approved, tl1e redevelopment of the site will increase property tax revenues. BACKGROUND: Subject Property The property is located at 12700 W. 44th Avenue, but is more specifically located on Youngfield Street just south of 44th A venue. The property is zoned Planned Commercial Development (PCD), and it has never been platted. The site has an unusual triangular shape with a narrow extension of the parcel out to Xenon on the east. The site is 78 ,492 square feet ( 1.81 acres in size). The Bayou ditch parallels the western property line then turns and traverses the northern portion of the site. The property is vacant and has been vacant since at least the 1980s when it was rezoned to PCD. Surrounding Land Uses The surrounding properties i11clude a variety of zoning designations and land uses. To the south are properties zoned A~:,rriculturai-Two (A-2) which include a landscaping business inunediately adjacent to the site and single-family homes further to the south. To the east are two parcels zoned Residential-Two (R-2) with single-family homes; there are additional single-family residences zoned A-2 within the neighborhood along Xenon Street. To the northeast at Xenon and 44th A venue is Performance Wise which is zoned Commercial-One (C-1 ); the business provides vehicle repair and emissions tests for diesel trucks. Lastly, across Youngfield to the west is lnterstate 70 with no private property located between the highway and the subject site. Current and Proposed Zoning The current zonjng on the property is Planned Commercial Development (PCD) approved with the Mangone Office Park ODP. The intent ofthat ODP was to construct a three-story office building with a smaller footprint on the site. The uses allowed under the current zoning were derived from the City's C-1 and C-2 pennitted uses at the time. Most of the allowed uses are more intense and would generate more traffic than the proposed uses sited in the application. The previously approved site layout includes a much larger parking area designed to accommodate up to I I I parking spaces, less landscaping than is currently proposed, and a single structure on tl1e northern half of tl1e site with a deeper setback from Youngfield Street and a 20-foot rear setback. The proposed zoning is to PID, with proposed uses of mini-warehouse for inside storage, community buildings, warehouse/office and flex space, research laboratories, offices and other facilities for research, eating establ ishments (with no drive through) up to 2,000 square feet, medical and dental offices, clinics or laboratories excluding substance abuse clinics. and retail sales spaces up to 5,000 square feet. The intent of the PID is to construct a high-quality indoor self-storage facility. Council Action Fonn -Zoning Change for 12700 W. 44th April 25. 2016 Page 3 Specific Development Plan Additional intonnation on the Specific Development Plan will be provided for the May 23, 2016 public hearing. RECOMMENDED MOTJON: "1 move to approve Council Bill No. 08-20 I 6, an ordinance approving a zone change from Planned Commercial Development to Planned Industrial Development and a request for approval of an Outline Development Plan for property located at 12700 W. 44'h Avenue on first reading, order it published, public hearing set for Monday, May 23, 2016 at 7:00p.m. in City Council Chambers, and that it take effect 15 days after final pub! ication." Or, "I move to postpone indefinitely the ordinance to approve a zone change from Planned Commercial Development to Planned Industrial Development with an Outline Development Plan for property located at 12700 W. 44'11 Avenue for the following reason(s) " REPORT PRE PARED BY; Lisa Ritchie, Planner 11 Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 08-2016 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER ------- COUNCIL BILL NO. 08 ORDINANCE NO. ___ _ Series of 2016 TITLE: AN ORDINANCE APPROVING A ZONE CHANGE FROM PLANNED COMMERCIAL DEVELOPMENT TO PLANNED INDUSTRIAL DEVELOPMENT AND A REQUEST FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 12700 W. 44th AVENUE (CASE NO. WZ-15-10/STOR-ALL STORAGE) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, Stor-AII Storage has submitted a land use application for approval of a zone change to Planned Industrial Development zone district for property located at 12700 W. 44th Avenue; and, WHEREAS, the proposed zone change promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area; and, WHEREAS, the proposed zone change is supported by the City's Comprehensive Plan-Envision Wheat Ridge and the zone change criteria specified in Section 26-112. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Star-All Storage for approval of a zone change from Planned Commercial Development (PCD) to Planned Industrial Development (PI D) for property located at 12700 W. 441h Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: PARCEL A: THAT PART OF THE SEI/4 NWl/4 OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGfNNING AT A POINT ESTABLISHED BY COUNTY SURVEY AS THE I'NTERSECTION OF THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 20, AND THE CENTER LINE OF WEST 44TH A VENUE: ATTACHMENT 1 THENCE SOUTH 89°50' WEST 567.4 FEET; THENCE SOUTH 0°32 ' EAST 344.1 FEET TO THE POINT OF BEGlNNfNG OF THE PROPERTY HEREINAFTER DESCRIBED; THENCE SOUTH 89°50' WEST 421.71 FEET~ THENCE SOUTH 0°10' EAST 203.4 FEET; THENCE NORTH 89°50' EAST 423 FEET; THENCE NORTH 0°32' WEST 203.4 FEET TO THE POINT OF BEGfNNfNG, EXCEPT THAT PORTION THEREOF DESCRIBED JN DEED RECORDED JULY II , 1958 JN BOOK 1129 AT PAGE 417, AN D EXCEPT THAT PORTION THEREOF DESCRIBED IN DEED RECORDED MAY 8, 1967 IN BOOK 193 7 AT PAGE 339, AND EXCEPT THAT PORTION THEREOF DESCRIBED lN DEED RECORDED SEPTEMBER 2, 1966 IN BOOK 1895 AT PAGE 44, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCELB: THAT PART OF T HE SEI/4 NWl/4 OF SECTION 20, TOWNSH IP 3 SOUTH, RANGE 68 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: TRACT FOURTEEN (14) OF THE SURVEY MADE BY CARROLL COBERLY FILED JULY 26, 1946. AS FILE 314-315 OF THE TOWN PLATS OF JEFFERSON COUNTY, BEING MORE PART ICULARLY DESCRIBED AS FOLLOWS: BEGJNNTNG AT THE CENTER QUARTER CORNER OF SAID SECTION 20; THENCE NORTH 0°20' WEST 674.08 FEET TO THE CENTER LfNE OF WEST 44TH AVENUE; THENCE SOUTH 89°50' WEST 694.8 FEET TO THE TRUE POfNT OF BEGINNING; THENCE SOUTH 0°10' EAST 344.1 FEET: THENCE SOUTH 89°50' WEST 126.6 FEET; THENCE NORTH 0°10' WEST 344.1 FEET; THENCE NORTH 89°50' EAST 126.6 FEET TO THE POINT OF BEGINNING, BEING THE SAME PROPERTY AS DESCRIBED IN TH E DEED RECORDED SEPTEMBER 2, 1948 IN BOOK612 AT PAGE 395, RECEPTION NO. 444139, EXCEPT T HAT PORTION THEREOF AS DESCRIBED IN EXHIBIT "A" OF RULE AN D ORDER RECORDED DECEMBER 2 1. 1966 IN BOOK 19 14 AT PAGE 128. COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL C: A TRACT OR PARCEL OF LAND NO. 2AR OF T HE STATE DEPARTMENT OF HlGHWA YS, DIVfS ION OF HTGHWA YS, STATE OF COLORADO, PROJECT NO. I 70- 3(8)268 SEC. 2, IN THE SE I /4 OF THE NW I /4 OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH-SOUTH QUARTER SECTIO UNE OF SECTION 20 AND THE EAST-WEST CENTER LINE OF WEST 44TH AVENUE AS ESTABLISHED BY COUNTY SURVEY; THENCE S 89°50' W ALONG SAID CENTER LINE OF W. 44TH AVENUE, A DISTANCE OF 821.4 FEET TO THE NE CORNER OF PARCEL 2A REV. DESCRIBED IN THE DEED RECORDED JUNE 19, 1959 IN BOOK 1201 AT PAGE 339, COLORADO DEPARTMENT OF HIGHWAYS PROJECT F 032-1(1); THENCE S 00°10' E, ALONG THE EAST LINE OF SAID PARCEL2A REV., A DISTANCE OF 253.0 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LfNE OF INTERSTATE 70 (JULY 1985), SAID POfNT ALSO BEING THE TRUE POINT OF BEGINNING; I. THENCE S 00° I 0' E ALONG SAID EXISTING RIGHT OF WAY OF INTERSTATE 70 (JULY I 985), A DISTANCE OF 91.1 FEET TO THESE CORNER OF SAID PARCEL 2A REV.; 2. THENCE S 89°50' W CONTINUING ALONG THE SAID EXISTING RIGHT OF WAY AND ALSO ALONG THE SOUTH LINE OF SAID PARCEL 2A REV., A DISTANCE OF 51.6 FEET; 3. THENCE N 29°21'15" E, A DISTANCE OF 104.7 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power 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 objective sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid , the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ , AND ADOPTED on first reading by a vote of _ to _ on this 25th day of April, 2016, ordered it published with Public Hearing and consideration on final passage set for Monday, May 23, 2016 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2016. SIGNED by the Mayor on this ___ dayof _______ , 2016. ATTEST: Janelle Shaver, City Clerk 1st publication: 2"d publication: Wheat Ridge Transcript: Effective Date: Joyce Jay, Mayor Approved as to Form: Gerald Dahl, City Attorney \ '.t ~ .. , r City of • JP'Wlieat~dge ITEM NO:~ DATE: April 25, 2016 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD THE 2016 OVERLAY PROJECT BASE BID AND BID ALTERNATES 1 AND 2 TO MARTIN MARIETTA MATERIALS, WESTMINSTER, CO, IN THE AMOUNT OF $1,655,969 WITH A CONTINGENCY OF $82,800 FOR A TOTAL AMOUNT NOT TO EXCEED $1,738,769 (ITB-16-10) D PUBLIC HEARlNG I:8J BIDS/MOTlONS D RESOLUTIONS QUASl-JUDlClAL: ISSUE: D ORDINANCES FOR tSTREADlNG 0 ORDINANCES FOR zND READING D YES The annual street resurfacing project was developed to provide needed maintenance treatments to a number of selected streets by priority in accordance with the citywide majntenance plan. TI1 e program is intended to extend the life of pavement on streets that are structurally sound. For the 20 16 project, 441h Avenue will be overlaid along with other selected local. streets. The project also includes the following: concrete and handicap ramp replacements on streets being resmfaced, striping maintenance of high volume streets throughout the City by priority, and spot pavement patching citywide. The base bid represents the last of three preventive maintenance projects that the City will implement this year (slurry seal, crack seal and overlay projects). The overlay is expected to extend the useful life of the streets treated from seven to 15 years. Asphalt and concrete rehabilitation at Anderson Park, the Richard-Hart Estate and the Active Adult Center, are also incorporated into the resurfacing project bid package (as Bid Alternate 1) and speed hump installations (as Bid Alternate 2). Council Acti on Fonn -Overlay Project April 25, 2016 Page2 Six bids were opened on Aptil 5. 2016, and all came in higher than the engineer's estimate and the advertised budget range. However, staff is recommending that the lowest responsive bidder, Martin Marietta Materials, be awarded a contract for the Base Bid and Alternate Bids l and 2 in the full amow)t of$1,655,969, plus $82,800, approximately 5%, as a contingency. PRIOR ACTION: None FIN ANCIAL IMPACT: Funding for this work has been approved in four different GL accounts. l. Funds for the work associated with the base bid are included in the 2016 Capital Improvement Program Budget Preventive Maintenance Projects line item 30-303-800- 884. 2. Costs associated with work for Bid Alternate I, Anderson Park, Richard Hart Estate, and the Active Adult Center, will be paid from the General Fund Parks Maintenance line item 01-603-700-774 and the Conservation Trust Budget line item 54-601-800-864. 3. Funding for speed hump installations (Bid Alternate 2) will be paid out of the Capital Improvement Budget Neighborhood Traffic Management Project line item 30-304-800- 844. BACKGROUND: Bids for the 2016 Overlay and Concrete Rehabilitation Project were opened on April 5, 2016. All six bids received met the initial bid requirements and all six bids were above the engineering estimate at various levels. The lowest, responsive and responsible, bidder is Martin Marietta Materials, Westminster, CO with the bid amount of$1,655,969. Tllis bidder has satisfied perforn1ance requirements for the last two years as the awarded low bidder for the 2014 and 20 15 overlay projects. The 2016 Overlay Project bids and estimates are as follows: Base Bid -Pavement overlay and concrete replacement on 44th A venue and a number oflocal streets throughout the City by priority: Base Bid Ranges: $1 ,6 1 1.993 -$2,097,210 Engineer's Estimate: $1 ,575,564 Bid Alternate 1 -Concrete and pavement rehabilitation at Anderson Park, Richard-Hart Estate and Active Adult Center Bid Ranges: $33,162-$51,060 Engineer's Estimate: $29,416 Bid Alternate 2 -Speed hump installations for the approved street under the NTMP Bid Ranges: $10,813 -$22,270 Engineer's Estimate: $12,141 The bid alternatives represent maintenance work for several minor projects with similar construction qualiti es. These were included as bid alternates to the base bid package in order to Council Action Fom1 -Overlay Project April 25, 2016 Page 3 obtain more competitive prices, and for the ease of construction management as part of a larger project. Even though the bids received were sl ightly above the engineer's estimate, staff recommends award of the project in full. The lowest responsible and responsive bidder, Martin Marietta Materials of Westminster, Colorado, has met the bid and qualification requirements. The p1ice tor the Base Bid and Bid Alternates 1 and 2 is $1,655,969. In addition, a 5% contingency amount of $82,800 is requested to cover the cost of unforeseen or additional needed work items that may be encountered during the course of the project. RECOMMENDATIONS: Based upon the contractor's demonstrated capabilities and perfonnance on previous projects, and the available budget, staff recommends a contract be awarded to Martin Marietta Materials that incl udes the Base Bid and Bid Alternates 1 and 2 as outlined above, and that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of$1,738,769. RECOMMENDED MOTJON: "I move to award the 2016 Overlay Project Base Bid and Bid Alternates 1 and 2 to Martin Marietta Materials, Westminster, CO, in the amount of$1 ,655,969, with a contingency of $82,800 for a total amount not to exceed $1,738,769 (ITB-16-1 0)." Or, "I move to deny the award of ITB-16-1 0, 20 16 Overlay Project Base Bid and Bid Alternates 1 and 2 to Martin Marietta Materials, Westminster, CO, for tl1e fol lowing reason(s) " REPORT PREPARED/REVIEWED BY: Steve Nguyen, Engineering Manager Jennifer Nellis, Purchasing Agent Scott Brink, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: I. Bid Tab Sheet 2. Project Map Subject to review for completeness and accuracy. \ '. ..;· "· Oty of _?WlieatR:i_dge E ~ ~ ~ I I , . I Brannan Sand and Martin Marietta I ALLOWED VENDOR (PRIME) Aggregate Industries APC Asphalt Specialties Co Gravel Co LLC Materials, Inc. I lOCATION Golden, CO Golden, co Henderson, co Denver, CO Westminster, CO BIDDER ACKNOWLEDGEMENT FORM YES YES YES YES YES ACKNOWLEDGE ADDENDUM (2) YES YES YES YES YES CONTRACTOR'S QUALIFICATION FORM YES YES YES YES YES NON-DISCRIMINATION ASSURANCE FORM YES YES YES YES YES ILLEGAL ALIEN COMPLIANCE YES YES yES YES YES KEEP JOBS IN COLORADO YES YES YES YES YES LIST OF SUB-CONTRACTORS YES YES YES YES YES NON-COUUSION AfFADAVIT YES YES YES YES YES BID BOND YES YES YES YES YES SURETY STATEMENT YES POA YES YES YES PRICING SCHEDULE YES YES YES YES YES SUBTOTAL PAGE 19 s 1,362,302 .. 50 $ 1,286,260.00 $ l ,ll6,722.00 s 1,145,905.84 SUBTOTALPAGE20 s 734,907.50 s 572,778.00 s 656,885.00 s 466,087.18 TOTAL AMOUNT OF BID: s 2,097,210.00 $ 2,063,353.15 s 1,859,038.00 $ 1,773,607.00 $ 1,611,993.02 BID AlTERNATE #1 s 40,518.90 $ 51,060.00 $ 35,550.00 $ 42,186.00 s 33,162.11 BID ALTERNATE #2 s 22,270.00 s 13.520.00 s -18,750.00 s 16,120.00 s 10,813.96 page l o/2 Attachment 1 PROJECT: rTB-16-10 2016 OVERLAY PROJECT /TI ALLOWED VENDOR (PRIME) LOCATION BIDDER ACKNOWLEDGEMENT FORM ACKNOWLEDGE ADDENDUM (2) CONTRACTOR'S QUAUFICATION FORM NON-DISCRIMINATION ASSURANCE FORM ILLEGAL ALIEN COMPLIANCE KEEP JOBS IN COLORADO LIST OF SUB-CONTRACTORS NON-COLLUSION AFFADAVIT BID BOND SURETY STATEMENT PRICING SCHEDULE SUBTOTAL PAGE 19 SUBTOTALPAGE20 TOTAL AMOUNT OF BID: calculated BID ALTERNATE Ill BID ALTERN ATE 112 as read • I i ~ •r City of JP'WlieatRl_.dge PLM Asphalt & Concrete Aurora, CO YES YES YES YES YES YES YES YES YES YES Y£S $ 1,468,154.80 $ 557,630.50 s 2,025,785.30 s $ 37,064.70 $ 21,910.00 $ 2,029,596.30 . poge2ofZ RJCWESTED BY: RUSS HIGGINS, FIELD SERVICES SUPERVISOR {jl( OPENED BY: CINDY RAIOLO, PURCHASING TECHNICIAN ...-n 111 $ -$ -$ . 1 I n -----4 -< 0 N'l 0 _.... (j)~ ~I ~f'l ~~ :::0 0 G) f'l