HomeMy WebLinkAboutCouncil Agenda Packet 09-10-18 AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING September 10, 2018
7:00 p.m.
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CALL TO ORDER
PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF Council Minutes of August 13, 2018
PROCLAMATIONS AND AWARDS Cities and Towns Week Constitution Week
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APPROVAL OF AGENDA
CITY COUNCIL AGENDA: September 10, 2018 Page -2-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill 23-2018 – vacating any interest held by the City of Wheat Ridge in a portion
of Miller Street, a Public Roadway, adjacent to 5185 Miller Street (Case No. WV-18-
01/Roush Industries) DECISIONS, RESOLUTIONS AND MOTIONS
2. Resolution No. 56-2018 – amending the Fiscal Year 2018 2E Bond Fund Budget to
reflect the approval of a Supplemental Budget Appropriation in the amount of $2,129,250 and to award a contract and subsequent payments to GH Phipps Construction Companies in the amount of $5,069,979 and to approve a Contingency Amount of $341,560 for the Anderson Park Renovation 2E Bond Project
3. Motion to award contract and subsequent payments to Barker Rinker Seacat Architecture in the amount of $165,717 for Anderson Park Improvements Construction Administration Services
CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS ADJOURNMENT
ITEM NO: DATE: September 10, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 23-2018 – AN ORDINANCE VACATING ANY INTEREST HELD BY THE CITY OF WHEAT RIDGE IN
A PORTION OF MILLER STREET, A PUBLIC ROADWAY,
ADJACENT TO 5185 MILLER STREET (CASE NO. WV-18-
01/ROUSH INDUSTRIES) PUBLIC HEARING ORDINANCES FOR 1ST READING (08/13/2018)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (09/10/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ _____________________________________ Community Development Director City Manager ISSUE:
The applicant is requesting approval of a right-of-way vacation for a remnant section of right-of-way formerly used for Miller Street. The right-of-way section requested for vacation was abandoned as a thoroughfare in the early 2000s when Miller Street was rerouted to the east.
PRIOR ACTION: Planning Commission heard the request at a public hearing on July 19, 2018 and recommended approval. The staff report and meeting minutes from the Planning Commission meeting are attached. FINANCIAL IMPACT: The proposed vacation is not expected to have a direct financial impact on the City. Fees in the amount of $725.00 were collected for the review and processing of Case No. WV-18-01. BACKGROUND: The property located at 5185 Miller Street is bisected by a remnant section of right-of-way
formerly used for Miller Street. The reason for the remnant is based on a series of plats that were
Council Action Form – Miller Street Vacation
September 10, 2018
Page 2 approved when this land area was part of Arvada and the property to the east (Arvada Ridge
Market Place) was entitled for redevelopment. During the redevelopment of the Arvada Ridge site,
a new roadway was platted to the east of the Miller Street alignment. Through traffic was shifted to that new roadway (still called Miller Street), and it provides access to the shopping center and apartments within the City of Arvada, as well as to the industrial properties within the City of Wheat Ridge. The City of Wheat Ridge annexed the entirety of the new Miller Street in 2004. A
southerly portion of the former Miller Street was vacated in 2006. The subject property adjacent to
5185 Miller Street is the only remnant portion of right-of-way that still currently exists. The applicant requesting this action currently leases the building at 5185 Miller Street and is requesting the vacation, with approval of the property owner, so they can have better control over
the parking within this section of right-of-way. As public right-of-way the public can park within
this area. The proximity of the abandoned right-of-way to the property access point onto Miller Street has caused safety issues for the applicant in their daily use of the site. The Public Works Department has requested that a Drainage and Utility Easement be maintained
over the entirety of the right-of-way proposed to be vacated. Dedication of this easement will be
written into the vacation ordinance and, if approved, happen simultaneously with the vacation. Creation of a utility easement is standard protocol when remnant right-of-way is vacated. Valley Water District has also requested an exclusive easement to access and maintain their water main. This easement was recorded with the Jefferson County Clerk and Recorder on August 29, 2018.
RECOMMENDED MOTION: “I move to approve Council Bill No. 23-2018, an ordinance vacating any interest held by the City of Wheat Ridge in a portion of Miller Street, a public roadway, adjacent to 5185 Miller Street on second reading and that it take effect 15 days after final publication for the following reasons:
1. The Public Works Department does not foresee any future roadway needs for this right-of-
way. 2. The vacation will not leave adjacent property without access to a public street. 3. The vacation is not in conflict with the goals and objectives of the Comprehensive Plan or the Bicycle and Pedestrian Master Plan.
4. The vacation will not negatively impact City infrastructure.
5. Easements will ensure the City and outside agencies can adequately access infrastructure located within the vacated right-of-way.” Or…
“I move to postpone indefinitely Council Bill No. 23-2018, an ordinance vacating any interest held by the City of Wheat Ridge in a portion of Miller Street, a public roadway, adjacent to 5185 Miller Street on second reading for the following reasons: 1.
2.
3. …”
Council Action Form – Miller Street Vacation
September 10, 2018
Page 3 REPORT PREPARED/REVIEWED BY: Zack Wallace, Planner II
Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 23-2018 2. Planning Commission Staff Report 3. Planning Commission Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER MATHEWS
COUNCIL BILL NO. 23 ORDINANCE NO. _________ Series 2018 TITLE: AN ORDINANCE VACATING ANY INTEREST HELD BY THE
CITY OF WHEAT RIDGE IN A PORTION OF MILLER STREET, A PUBLIC ROADWAY, ADJACENT TO 5185 MILLER STREET (CASE NO. WV-18-01/ROUSH INDUSTRIES)
WHEREAS, the City of Wheat Ridge holds public rights-of-way in trust for the
public and the landowners abutting such rights-of-way; and
WHEREAS, the Miller Street right-of-way between Ridge Road and West 52nd Avenue was realigned pursuant to dedication on the Arvada Ridge plat recorded on December 14, 2004; and
WHEREAS, Miller Street between Ridge Road and West 52nd Avenue was
reconstructed to the new alignment in 2006; and
WHEREAS, a portion of right-of-way from the now obsolete Miller Street alignment is unneeded for public roadway purposes; and
WHEREAS, a drainage and utility easement shall be retained by the City of Wheat Ridge over the entirety of the right-of-way proposed for vacation; and
WHEREAS, pursuant to the authority granted by C.R.S. §§ 31-15-702(1)(a)(I)
and 43-2-301 et seq., the Council of the City of Wheat Ridge, Colorado, has determined that the nature and extent of the public use and the public interest to be served is such as to warrant the vacation of this area; and
WHEREAS, the portion of the Miller Street right-of-way to be vacated and which
is the subject of this ordinance is more fully described on Exhibit A attached hereto and
fully incorporated herein by this reference; and
WHEREAS, no property abutting said public roadway will be left without an established public road or private-access easement connecting said land with another established public road.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Vacation. To the extent of any City interest therein, the following portion of the Miller Street right-of-way is hereby vacated, the same being no longer required for public use and the public interest will be served by such
vacation, as more particularly described on the attached Exhibit A.
ATTACHMENT 1
Section 2. 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 3. Recording. This Ordinance shall be filed for record with the office of the Jefferson County Clerk and Recorder.
Section 4. 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 7 to 0 on this 13th day of August, 2018, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge, and Public Hearing and consideration on final
passage set for September 10, 2018 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of ___ to ___, this _____ day of ______________, 2018.
SIGNED by the Mayor on this _____ day of ____________, 2018.
_________________________
Bud Starker, Mayor ATTEST:
_________________________ Janelle Shaver, City Clerk
Approved as to Form
_________________________ Gerald E. Dahl, City Attorney
First Publication: August 16, 2018
Second Publication: Wheat Ridge Transcript Effective Date:
Published:
Wheat Ridge Transcript and www.ci.wheatridge.co.us
Exhibit A
Legal description:
A PORTION OF MILLER STREET RIGHT-OF-WAY TO BE VACATED, A PORTION OF LAND BEING IN THE EAST ONE-HALF OF SECTION 16, TOWNSHIP 3 SOUTH RANGE 69 WEST OF THE 6TH PRINCIPLE MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 16, WHENCE THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 16 BEARS S 00°12’11” E, FORMING THE BASIS OF
BEARING FOR THIS DESCRIPTION; THENCE S 00°12’11” E, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER A DISTANCE OF 72.51 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING S 00°12’11” E A DISTANCE OF 146.55 FEET
TO A POINT OF THE NORTH LINE OF THE ROCKY MOUNTAIN BOTTLING SUBDIVISION; THENCE S 89°33’02” W ALONG SAID NORTH LINE A DISTANCE OF 30.00 FEET; THENCE N 00°12’11” W A DISTANCE OF 219.20 FEET; THENCE N 00°12’53” W A DISTANCE OF 119.50 FEET; THENCE 195.14 FEET ALONG AN ARC
OF A CURVE TO THE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF
17°44’49”, A RADIUS OF 630.00 FEET AND A CHORD WHICH BEARS S 09°05’23” W A DISTANCE OF 194.36 FEET TO THE POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING 6299.7 SQ.FT. \ 0.14 ACRES MORE OR
LESS
Planning Commission 1Case No. WV-18-01 / Roush Industries, Inc.
CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT
TO: Planning Commission MEETING DATE: July 19, 2018
CASE MANAGER: Zack Wallace Mendez
CASE NO. & NAME: WV-18-01 / Roush Industries
ACTION REQUESTED: Vacation of right-of-way formerly used for Miller Street
LOCATION OF REQUEST: 5185 Miller Street
APPLICANT (S): Roush Industries, Inc.
OWNER (S): City of Wheat Ridge (right-of-way)
APPROXIMATE AREA: 6,299.7 square feet (0.14 acres)
PRESENT ZONING: Planned Industrial Development (PID)
COMPREHENSIVE PLAN: Employment
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION
Location Map
Area of
proposed
vacation Property
requesting
vacation
ATTACHMENT 2
Planning Commission 2 Case No. WV-18-01 / Roush Industries, Inc.
JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this
case.
1. REQUEST The applicant is the current lessee of the property located at 5185 Miller Street, and has submitted this
application, with authorization from the property owner, to request approval of a right-of-way vacation
for a remnant section of right-of-way formerly used for Miller Street. The section requested for vacation was abandoned as a thoroughfare in the early 2000s when Miller Street was rerouted. II. DESCRIPTION
The property located at 5185 Miller Street is bisected by a remnant section of right-of-way formerly used for Miller Street (Exhibit 1, 2016 Aerial). The reason for the remnant is based on a series of plats that were approved when this land area was part of the City of Arvada. This history is summarized below and supported by the series of attached graphics (Exhibits 1 to 4).
The subject property at 5185 Miller Street was originally developed in 1976. At that time Miller Street ran between 50th Avenue and Ridge Road directly north-south in the location of the right-of-way proposed to be vacated (Exhibit 2, 2001 Aerial). In 2005, the property to the east (formerly the State of Colorado Ridge Home) was entitled for redevelopment into the Arvada Ridge multi-use center, which
exists today. As part of that entitlement, a plat was processed by the City of Arvada, which platted and
re-routed Miller Street further east (Exhibit 3, Arvada Ridge Plat). That plat also created Lot 8 and Lot 8-A. Lots 8 and 8-A, and the entirety of the new Miller Street right-of-way were eventually annexed into the City of Wheat Ridge via the Coors Annexation in 2006 (Exhibit 4, Coors Annexation). Lot 8 was absorbed into the Rocky Mountain Bottling facility (the property to the south) via a plat and
rezoning. At that time the Rocky Mountain Bottling Company also applied to vacate the right-of-way
for the former Miller Street along their property frontage with the plat. This request was approved, and is the reason why the former Miller Street right-of-way does not currently exist south of the subject property. Lot 8-A was deeded to the subject property, but is separated from the original development parcel by the right-of-way for the former Miller Street (Exhibit 1, 2016 Aerial).
The section of right-of-way proposed to be vacated (Exhibit 5, Vacation Exhibit) was originally obtained by the City from Jefferson County when the City was incorporated in 1969. The new Miller Street was platted by the Arvada Ridge Final Plat on December 14, 2004 (Exhibit 3, Arvada Ridge Plat), and annexed into the City of Wheat Ridge by the Coors Annexation on December 28, 2006
(Exhibit 4, Coors Annexation). Because of railroad tracks to the north, the subject property obtains
access exclusively from Miller Street. A right-of-way vacation can be initiated by the City or a private party and approved as part of a plat or by ordinance. This request is being initiated by a private party and is proposed to be approved by
ordinance following public hearings before the Planning Commission and City Council. If the right-of-
way is vacated, it will vest with the ownership of 5185 Miller Street (subject property).
Planning Commission 3 Case No. WV-18-01 / Roush Industries, Inc.
III. VACATION CRITERIA Staff has provided an analysis of the right-of-way vacation criteria outlined in Section 26-118. The applicant has provided an explanation of their request, which touches on additional reasons why they
are requesting the vacation at this time (Exhibit 6, Letter of Request). The Planning Commission shall
base its recommendation in consideration of the extent to which the following criteria have been met: 1. The proposed vacation will not leave any adjoining land without access to an established public-right-of-way.
The property will continue to gain access via Miller Street. No other properties utilize the remnant right-of-way proposed to be vacated. Staff concludes that this criterion has been met.
2. The proposed vacation is in conformity with the most recently enacted goals and policies of the transportation section of the current Comprehensive Plan of the City of Wheat Ridge. The vacation of the former Miller Street does not impact the goals and policies of the Comprehensive Plan. The rerouted Miller Street will continue to serve the properties in the
area, and the vacation of this remnant portion will not compromise connectivity. In June 2017, City Council approved an update to the Bicycle and Pedestrian Master Plan. In this plan, Miller Street north of the subject property is designated as having bicycle lanes. This vacation will not compromise this pedestrian or bicycle connectivity through the area.
Staff concludes that this criterion has been met. 3. The proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. There will not be a negative impact on the infrastructure of the City of Wheat Ridge. Existing
utilities remain within the rerouted Miller Street right-of-way or within easements.
Staff concludes that this criterion has been met. 4. Adequate easements have been reserved for use and/or maintenance by the City or other utility agencies.
During the referral period staff received two notices of utilities being located within the former
Miller Street right-of-way, one from Xcel Energy and the other from Valley Water District. Additionally, the City’s Public Works Department has requested a utility easement be dedicated over the entirety of the right-of-way being vacated. Xcel Energy has approved this general utility easement to accommodate their facilities. Valley Water District will require a
separate easement to maintain their facilities. The applicant is actively working with Valley
Water to obtain the required easement by separate document.
Planning Commission 4 Case No. WV-18-01 / Roush Industries, Inc.
The general easement will be granted by the same ordinance that vacates the right-of-way. The easement with Valley Water will need to be in place prior to the public hearing before City Council. This arrangement of establishing easements over vacated right-of-way is common.
Staff concludes that this criterion has been met.
Staff concludes that the criteria used to evaluate right-of-way vacations support this request. IV. AGENCY REFERRAL
All affected service agencies were contacted for comment on the right-of-way vacation request and to confirm if any utilities were present in the area requested to be vacated. Specific referral responses follow:
Wheat Ridge Public Works Department: Required a Drainage and Utility Easement over the
entirety of the portion of Miller Street right-of-way proposed to be vacated. Wheat Ridge Police Department: No objection. City of Arvada: No objection.
Valley Water District: Required a 30-foot easement to be granted to the District by the property owner for maintenance of an existing 12” water main line within the remnant section of the former Miller Street.
Arvada Fire Protection District: No objection. Xcel Energy: Required an easement to maintain intermediate pressure and natural gas main facilities within the area to be vacated. Follow up messages between Staff and Xcel Energy
confirmed that the Drainage and Utility Easement requested by Public Works is adequate for
these facilities. V. STAFF CONCLUSIONS AND RECOMMENDATION
Staff concludes that the proposed vacation will not leave adjacent property without access to a public
street, is consistent with the goals and objectives of the Comprehensive Plan and the Bicycle and Pedestrian Master Plan, and will not negatively impact City infrastructure. Additionally, Staff concludes that appropriate easements are being implemented in order to allow for proper maintenance of existing utility facilities.
Because the right-of-way vacation criteria support the request, staff recommends approval of Case No. WV-18-01.
Planning Commission 5 Case No. WV-18-01 / Roush Industries, Inc.
VI. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WV-18-01, a request for approval of a right-of-way
vacation for a portion of the former Miller Street adjacent to 5185 Miller Street, for the following
reasons: 1. The Public Works Department does not foresee any future roadway needs for this right-of-way. 2. The vacation will not leave adjacent property without access to a public street.
3. The vacation is not in conflict with the goals and objectives of the Comprehensive Plan or the
Bicycle and Pedestrian Master Plan. 4. The vacation will not negatively impact City infrastructure. 5. Easements will ensure the City and outside agencies can adequately access infrastructure located within the vacated right-of-way.
With the following condition: 1. The executed easement document between the property owner and Valley Water shall be provided to City Staff prior to the City Council public hearing.”
Option B: “I move to recommend DENIAL of Case No. WV-18-01, a request for approval of a right-of-way vacation for a portion of the former Miller Street adjacent to 5185 Miller Street, for the following reasons:
1. 2. …”
Planning Commission 6 Case No. WV-18-01 / Roush Industries, Inc.
EXHIBIT 1: 2016 AERIAL
Original development
parcel Lot 8-A, Arvada
Ridge Plat
Vacated Miller St. on Rocky Mt. Bottling property
Planning Commission 7 Case No. WV-18-01 / Roush Industries, Inc.
EXHIBIT 2: 2001 AERIAL
Planning Commission 8 Case No. WV-18-01 / Roush Industries, Inc.
EXHIBIT 3: ARVADA RIDGE PLAT (page 2)
5185 Miller
Street
Dedication of the new, rerouted
Miller Street
Location of the former Miller
Street
Planning Commission 9 Case No. WV-18-01 / Roush Industries, Inc.
EXHIBIT 4: COORS ANNEXATION (page 2)
5185 Miller
Street
Dedication of the new, rerouted
Miller Street
Location of the former Miller Street
Annexed area
(shaded)
Planning Commission 10 Case No. WV-18-01 / Roush Industries, Inc.
EXHIBIT 5: VACATION EXHIBIT
Planning Commission 11 Case No. WV-18-01 / Roush Industries, Inc.
EXHIBIT 6: LETTER OF REQUEST
Planning Commission 12 Case No. WV-18-01 / Roush Industries, Inc.
EXHIBIT 7: SITE PHOTOS
Looking south along Miller Street from Ridge Road. The sidewalk and asphalt for the former Miller Street
can be seen to the right (indicated by arrow). This is the right-of-way proposed for vacation.
View looking north from Rocky Mountain Bottling. The current Miller Street to the right of the photo. The
curb, gutter, and sidewalk of the former Miller Street can be seen near the center of the photo.
Planning Commission 13 Case No. WV-18-01 / Roush Industries, Inc.
View looking northwest from Miller Street and W. 52nd Place. The structure in the background is 5185 Miller Street (subject property). The functional Miller Street thoroughfare is in the foreground, as is the
access point into the subject property. The abandoned Miller Street right-of-way is between the yellow
vehicle and the structure.
View from the subject property looking south. A structure on the Rocky Mountain Bottling property is seen on the right. The former Miller Street right-of-way, which was vacated in 2006 and platted into the Rocky
Mountain Bottling property, can be seen in the center of this photo.
Planning Commission Minutes - 1 – July 19, 2018
PLANNING COMMISSION Minutes of Meeting July 19, 2018
1.CALL THE MEETING TO ORDER
The meeting was called to order by Chair BUCKNAM at 7:00 p.m. in the City Council
Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
2.ROLL CALL OF MEMBERS
Commission Members Present:Alan Bucknam
Emery Dorsey
Daniel Larson Janet Leo Scott Ohm Amanda Weaver
Commission Members Absent: Richard Peterson Vivian Vos
Staff Members Present: Kenneth Johnstone, Community Development
Director Zack Wallace Mendez, Planner II Tammy Odean, Recording Secretary
3.PLEDGE OF ALLEGIANCE
4.APPROVE ORDER OF THE AGENDA
It was moved by Commissioner DORSEY and seconded by Commissioner LEO toapprove the order of the agenda. Motion carried 6-0.
5.APPROVAL OF MINUTES – June 21, 2018
It was moved by Commissioner LEO and seconded by Commissioner LARSON toapprove the minutes of June 21, 2018, as written. Motion carried 4-0-2 withCommissioners OHM and WEAVER abstaining.
6.PUBLIC FORUM (This is the time for any person to speak on any subject not appearingon the agenda.)
ATTACHMENT 3
Planning Commission Minutes - 2 – July 19, 2018
No one wished to speak at this time.
7. PUBLIC HEARING A. Case No. WS-17-03: an application filed by Slavomir Golabek for approval of an
11-lot subdivision for townhomes for property located at 10590 West 44th Avenue.
Mr. Johnstone explained that this project has been in the review stage for a while due to some engineering challenges and there are still some technical issues that need to be resolved before it can be presented to the Planning Commission. The
applicant understands the process and has another submittal for staff to review with
hopes of a public hearing target date of September 20, 2018. It was moved by Commissioner WEAVER and seconded by Commissioner OHM a request for approval of an 11-lot townhome plat on property zoned Mixed Use-Neighborhood and located at 10590 W. 44th Avenue and to
continue the public hearing to September 20, 2018. Motion carried 6-0.
B. Case No. WV-18-01: an application filed by Roush Industries, Inc. for vacation of
right-of-way formerly used for Miller Street adjacent to 5185 Miller Street. Mr. Wallace Mendez gave a short presentation regarding the vacation of right-of-way and the application. He entered into the record the contents of the case file,
packet materials, the zoning ordinance, and the contents of the digital presentation.
He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner BUCKNAM asked when City Council will hear this case. He was
asking to make sure the easement document will be ready.
Mr. Wallace Mendez responded August 13. (The date given was partially correct, City Council will hear this case on August 13 for the first reading and September 10 for the public hearing.)
Brian Hemphill, North American Real Estate for Coors/Miller 1801 California Street, Ste. 4600, Denver Mr. Hemphill was curious to know if the access easement his clients have at 10619
W. 50th Avenue will be affected by the vacation.
Discussion about the location of the access easement continued and Mr. Johnstone said staff will look into this new information. He added that a general condition could be added to the motion directing staff to make sure the existing access
Planning Commission Minutes - 3 – July 19, 2018
easement will be maintained. This will give staff sufficient time to look at the
ordinance.
It was moved by Commissioner OHM and seconded by Commissioner WEAVER to recommend APPROVAL of Case No. WV-18-01, a request for approval of a right-of-way vacation for a portion of the former Miller Street adjacent to 5185 Miller Street, for the following reasons:
1. The Public Works Department does not foresee any future roadway needs for this right-of-way. 2. The vacation will not leave adjacent property without access to a public street.
3. The vacation is not in conflict with the goals and objectives of the Comprehensive Plan or the Bicycle and Pedestrian Master Plan. 4. The vacation will not negatively impact City infrastructure. 5. Easements will ensure the City and outside agencies can adequately access infrastructure located within the vacated right-of-way.
With the following condition: 1. The executed easement document between the property owner and Valley Water shall be provided to City Staff prior to the City Council
public hearing. 2. Staff will work with applicant on existing access easements. Motion carries 6-0. C. Case No. ZOA-18-04: an ordinance creating a new Section 26-643 of the Wheat Ridge Code of Laws prohibiting the use of freestanding emergency room facilities. Mr. Johnstone gave a brief summary and background regarding the ordinance
amendment.
Commissioner OHM asked about the charts on page 2 and 3 of the ordinance. He wondered why the Commercial chart is blank and the Mixed-Use chart has NP for not permitted.
Mr. Johnstone said it is a different table approach between the City’s straight districts and the Mixed-Use districts. He explained it will be clearer when the Freestanding emergency room facilities category is embedded in the charts. In the Commercial and Industrial Districts charts, a P or S will appear if the use is
permitted and left blank if not permitted. In the Mixed-Use chart a P will appear if
the use is permitted and a NP if not permitted.
ITEM NO: DATE: September 10, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 56-2018 – A RESOLUTION AMENDING
THE FISCAL YEAR 2018 2E B OND FUND BUDGET TO
REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $2,129,250 AND TO AWARD A CONTRACT AND SUBSEQUENT PAYMENTS TO GH PHIPPS CONSTRUCTION COMPANIES IN THE AMOUNT OF $5,069,979 AND TO APPROVE A CONTINGENCY AMOUNT OF $341,560 FOR THE ANDERSON PARK RENOVATION 2E BOND PROJECT
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO _______________________________ ______________________________
Parks and Recreation Director City Manager
ISSUE: The renovation of Anderson Park is one of the four City of Wheat Ridge Investing 4 the Future projects funded by 2E, the voter approved 1/2 cent sales tax increase. A Request for
Qualifications for a General Contractor was completed and GH Phipps, Inc. was chosen to
provide pricing services, value engineering and a guaranteed maximum price to complete the project based on the master plan design and the subsequent construction drawings. A value engineering or cost study report was then completed to arrive at the final guaranteed
maximum price (GMP) for construction. The contract award is based on the cost study report
and submitted GMP.
Council Action Form – Anderson Park Contract for Guaranteed Maximum Price
September 10, 2018
Page 2 The approved funding for the project from 2E bond funds is $4,447,708. Additional funds to
supplement the cost of the project are appropriated in the Open Space Fund and the Conservation
Trust Fund. The improvements associated with this project are intended to provide an updated park that functions effectively for the current uses, future trends and park users.
PRIOR ACTION: City Council approved a master plan for the park which is represented in the construction drawings and construction contract award. A contract for continued services was awarded to Barker Rinker Seacat on November 27, 2017 to complete design development and construction
drawings. These drawings include a lighted baseball/multipurpose field with a portable fence.
FINANCIAL IMPACT: The 2E Bond Fund dollars designated for this project total $4,447,708. The bond fund balance amendment in the amount of $2,129,250 will appropriate the balance of the funds for the project
to the total of $4,447,708.
BACKGROUND: A master plan was developed for the renovation of Anderson Park through an extensive public process. The plan was adopted by City Council with the inclusion of a lighted
baseball/multipurpose field. With this inclusion, City Council approved a supplemental budget
appropriation, in the amount of $447,708, increasing the project to $4,447,708 in bond funds. The process for arriving at the GMP for the contract award included evaluating the proposals from general contractors on qualifications and cost of construction. From design development
through construction drawings the selected contractor, GH Phipps, provided pricing information
on different design options. The next step completed by the contractor was to submit a price based on the construction drawings. (Attachment #2 – Summary GMP Estimated Cost). Three bids were received from subcontractors in a majority of the trade areas. All bids were analyzed and scope of work was reviewed to ensure bids represented the work required. A value
engineering or cost study report was then completed by GH Phipps to arrive at the final GMP for
construction. (Attachment #3 – Cost Study Report) The contract award is based on the value engineering reflected in Attachment #3, page 5, to arrive at the final GMP submitted by GH Phipps.
The only item that was shown on the Master Plan and was eliminated due to cost is the west river
access. The east river access is included in the scope of the project and contract award. At time of contract award funds are not available to include any of the add alternates as shown on the master plan. RECOMMENDATIONS:
Staff recommends approval of contract award and a supplemental budget appropriation.
Council Action Form – Anderson Park Contract for Guaranteed Maximum Price
September 10, 2018
Page 3 RECOMMENDED MOTION: “I move to approve Resolution No. 56-2018, a resolution amending the fiscal year 2018 2E Bond
Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $2,129,250 and to award a contract and subsequent payments to GH Phipps Construction Companies in the amount of $5,069,979 and to approve a contingency amount of $341,560 for the Anderson Park Renovation 2E Bond project.”
Or, “I move to postpone indefinitely Resolution No. 56-2018, a resolution amending the fiscal year 2018 2E Bond Fund Budget to reflect the approval of a supplemental budget appropriation in the
amount of $2,129,250 and to award a contract and subsequent payments to GH Phipps
Construction Companies in the amount of $5,069,979 and to approve a contingency amount of $341,560 for the Anderson Park Renovation 2E Bond project for the following reason(s) .”
REPORT PREPARED/REVIEWED BY:
Jennifer Nellis, Purchasing Agent Joyce Manwaring, Parks and Recreation Director Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 56-2018 2. Summary Guaranteed Maximum Price Estimated Cost 3. Cost Study Report – August 29, 2018
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 56
Series of 2018
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2018 2E BOND FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE
AMOUNT OF $2,129,250 WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution; and
WHEREAS, City Council wishes to complete the Anderson Park Renovation
Investing 4 the Future 2E bond project; and WHEREAS, budgeted expenditures cannot exceed budgeted revenues; and
WHEREAS, an additional appropriation is required in 2018 to award the
construction contract; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows:
A transfer of $2,129,250 is hereby approved from Fund 31 budget undesignated reserves to account #31-104-800-805 and the 2018 revenues are amended accordingly.
DONE AND RESOLVED this 10th day of September 2018.
Bud Starker, Mayor
ATTEST:
Janelle Shaver, City Clerk
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8/31/2018 at 3:45 PM
ITEM NO: DATE: September 10, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD CONTRACT AND SUBSEQUENT
PAYMENTS TO BARKER RINKER SEACAT
ARCHITECTURE IN THE AMOUNT OF $165,717 FOR ANDERSON PARK IMPROVEMENTS CONSTRUCTION ADMINISTRATION SERVICES PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________
Parks and Recreation Director City Manager ISSUE: The scope of this contract award includes construction services for renovating the existing
Anderson Building and Bathhouse as well as the existing Anderson Park per the adopted Anderson Park Master Plan. The renovation of Anderson Park is one of the four projects approved by voters through the 2E Bond Issue, Investing 4 the Future, in November of 2016.
The improvements associated with this project are intended to provide updated park and recreation facilities that function effectively for current users, address future design trends as well as provide increased maintenance efficiencies.
PRIOR ACTION: In November of 2016, Wheat Ridge voters approved a ½ cent increase in the City’s sales tax rate in order to fund investments that will improve the community. The renovation of Anderson Park is one of the four projects identified for use of these funds.
A contract was awarded to Moore Iacofano Goltsman Inc (MIG) to prepare a Master Plan for the park. The Park and Recreation Commission recommended approval of the preferred concept
Council Action Form – Anderson Park Contract for Construction Services
September 10, 2018
Page 2 plan/master plan. City Council approved the Master Plan by Resolution at the October 23, 2017
regular meeting. The first master plan was amended to include a lighted baseball/multipurpose
field with a portable fence. A contract for continued services was awarded to Barker Rinker Seacat on November 27, 2017 to complete design development and construction drawings. GH Phipps Construction was chosen
as the General Contractor to complete preconstruction services, subcontractor bidding and
construction. FINANCIAL IMPACT: The Anderson Park Renovation bond funding is $4,000,000. City Council approved an additional
$447,708 from bond fund interest to include a lighted baseball/multipurpose field with a portable
fence. The adopted Master Plan construction costs exceed this amount. Additional funds have been appropriated in the Open Space Fund and the Conservation Trust Fund in the amount of $1,950,000 to supplement the cost of the project.
BACKGROUND:
A public input process was conducted by MIG, Inc. and Barker, Rinker, Seacat Architecture to determine the final adopted Anderson Park Master Plan recommendations. Additional public input was received and the budget for the project was amended to include funding for a lighted baseball/multipurpose field. An additional contract for design and construction drawings was
awarded in November of 2017. A Request for Proposal was issued for a general contractor and a
selection process was completed. GH Phipps Construction was chosen as the General Contractor to complete preconstruction services, subcontractor bidding and construction. This contract awards the additional architectural administration construction services needed to support the construction process and to ensure that drawings are built to specifications and construction
drawings as submitted and permitted. These services include weekly project meetings, inspection
of work performed, change order evaluations and payment review and approval. RECOMMENDATIONS: Staff recommends award of contract to Barker Rinker Seacat Architecture for Anderson Park
Improvements Construction Administration Services.
RECOMMENDED MOTION: “I move to award contract and subsequent payments to Barker Rinker Seacat Architecture in the amount of $165,717 for Anderson Park Improvements Construction Administration Services.”
Or, “I move to deny award of contract and subsequent payments to Barker Rinker Seacat Architecture in the amount of $165,717 for Anderson Park Improvements Construction
Administration Services for the following reason(s) .”
Council Action Form – Anderson Park Contract for Construction Services
September 10, 2018
Page 3 REPORT PREPARED/REVIEWED BY: Jennifer Nellis, Purchasing Agent
Joyce Manwaring, Director of Parks and Recreation Patrick Goff, City Manger ATTACHMENTS: 1. Negotiated Scope and Fee Proposal
ATTACHMENT 1