HomeMy WebLinkAboutCity Council Agenda Packet 06-24-19 AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 24, 2019 7:00 p.m.
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CALL TO ORDER PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS PROCLAMATIONS AND CEREMONIES Joyce Manwaring Retirement Wheat Ridge High School Boys Baseball League Champs APPROVAL OF MINUTES APPROVAL OF AGENDA
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CITY COUNCIL AGENDA: June 24, 2019 Page -2-
1. CONSENT AGENDA a. Motion to award a contract and approve subsequent payment of $86,601to
Miracle Recreation, of Dallas, Texas, for the Wheat Ridge Recreation Center
Playground replacement project, and approve a 10% contingency in the amount of $8,600 b. Motion to award a contract and approve subsequent payments to AV-Tech Electronics, Inc. in an amount not to exceed $135,500 for police vehicle
equipment and up-fit installation services with the option to allow up to four
additional one-year terms c. Motion to award a contract and approve subsequent payments to Short Elliot Hendrickson, Inc., Denver, CO, in an amount not to exceed $144,150 for professional services for the design of 52nd Avenue and Ward Road
intersection
d. Motion to award a contract and approve subsequent payments to Short Elliot Hendrickson, Inc., Denver, CO, in an amount not to exceed $555,877.41 for professional services for the design of a pedestrian bridge, plaza areas, and linear park
e. Motion to award a contract and approve subsequent payments to HDR, Inc.,
Denver, CO, in an amount not to exceed $118,647 for professional services for property/easement acquisition services for pedestrian bridge, plaza areas, and linear park
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Council Bill No. 09-2019 – an ordinance reappointing presiding Municipal Judge Christopher Randall and approving a presiding Municipal Judge services agreement
3. Council Bill No. 08-2019 – an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of animal-related facilities (Case No. ZOA-19-01)
4. Resolution No. 35-2019 – a resolution approving a major subdivision plat with
right-of-way dedication for property zoned Mixed Use – Neighborhood (MU-N) and located at 10191 W. 38th Avenue (Case No. WS-19-02 / Gemini) 5. Resolution No. 36-2019 – a resolution approving a major subdivision with right-
of-way dedication for property zoned Mixed Use Commercial (MU-C) located at
4331 Vance Street (Case No. WS-19-03 / Town Center North subdivision filing No. 3) 6. Resolution No. 37-2019 – a resolution approving the service plan for the
Ridgetop Village Metropolitan District
CITY COUNCIL AGENDA: June 24, 2019 Page -3-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING (cont)
7. Resolution No. 38-2019 – a resolution approving a major subdivision with right-of-way dedication for property zoned Planned Mixed Use Development (PMUD)
and Planned Commercial Development (PCD) located at the southwest quadrant
of Highway 58 and I-70 (Case No. WS-19-04 / Clear Creek Crossing Subdivision Filing No. 3) CITY MANAGER’S MATTERS
CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS
ADJOURNMENT
ITEM NO: DATE: JUNE 24, 2019
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD A CONTRACT AND APPROVE
SUBSEQUENT PAYMENT OF $86,601 TO MIRACLE
RECREATION, OF DALLAS TEXAS, FOR THE WHEAT RIDGE RECREATION CENTER PLAYGROUND REPLACEMENT PROJECT, AND APPROVE A 10% CONTINGENCY IN THE AMOUNT OF $8,600.
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 current Recreation Center playground was installed during the construction of the
Recreation Center facility in 2000. The playground was identified for replacement using established department inspection and replacement criteria in 2018. The play equipment and fall surfacing have reached their expected useful lifespan and need to be replaced. As part of the project the playground will be improved to meet ADA compliance standards.
PRIOR ACTION: Funds for the project were approved in the 2019 Conservation Trust Fund Budget in the amount of $100,000 for playground replacement, new fall surfacing and additional playground fencing.
FINANCIAL IMPACT: Funding for this project is budgeted in Fund 54 Conservation Trust Fund. The funds provide for new playground equipment, demo and installation, including playground fall surfacing and additional playground fence at the Wheat Ridge Recreation Center.
1a
Council Action Form – Wheat Ridge Recreation Center playground replacement
June 24, 2019
Page 2 BACKGROUND: Early in 2019, Park and Recreation staff interviewed three potential playground vendors.
After multiple meetings with the three playground vendors, Miracle Recreation/Churchich Recreation, LLC was selected as the most qualified vendor for the project. A final playground design was agreed upon and Miracle Recreation provided the equipment at a pre-negotiated price through a Sourcewell cooperative contract (previously known as
NJPA). Purchasing staff has reviewed the Sourcewell pricing, terms and conditions.
RECOMMENDATIONS: Park and Recreation staff recommend the award of the Wheat Ridge Recreation Center playground replacement project to Miracle Recreation, Dallas Texas.
RECOMMENDED MOTION: “I move to award a contract and approve subsequent payment to Miracle Recreation, Dallas Texas., in the amount of $86,601 for the Wheat Ridge Recreation Center playground replacement project, and approve a 10% contingency in the amount of $8,660.
Or, “I move to deny award of a contract and subsequent payment to Miracle Recreation, Dallas Texas., in the amount of $86,601 for the Wheat Ridge Recreation Center playground
replacement project, for the following reason(s) ______________________.”
REPORT PREPARED/REVIEWED BY: Mark Ruote, Park Project Coordinator Zach Lovato, Parks, Forestry and Open Space Manager
Joyce Manwaring, Director of Parks and Recreation
Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager ATTACHMENTS: 1. Miracle Recreation proposal
Quotation
Date
5/6/2019
Estimate #
19-0347
Bill To Address:
City of Wheat Ridge
9110 W. 44th Avenue
Wheat Ridge, CO 80033
Ship To Address:
City of Wheat Ridge
9110 W 44th Avenue
Wheat Ridge, CO 80033
Terms
Net 30
Rep
CC
FOB
Jobsite
Project
Recreation Center Playground
E.O. #
(303) 530-4414Tel:(303) 530-9239Fax:
Total
Sales Tax (0.0%)
PO BOX 204757
DALLAS, TX 75320-4757
Item Description Qty Unit Cost Total
WHEAT RIDGE REC CENTER PLAYGROUND - EXPANDED
TURF AREA
SITE WORK
DEMO & DISP... DEMO & DISPOSE OF EXISTING EQUIPMENT 1 3,220.00 3,220.00
DEMO & DISP...DEMO & DISPOSE OF EXISTING SURFACING 1,150 4.02522 4,629.00
DEMO & DISP... DEMO & DISPOSE OF EXISTING FLATWORK 162 2.87654 466.00
Excavate EXCAVATION FOR TURF AREA 300 3.60 1,080.00
Curb INSTALL CONCRETE CURB (6"X8") PER LINEAR FOOT 30 30.00 900.00
Concrete INSTALL CONCRETE FLATWORK REPLACEMENT 162 8.62346 1,397.00
SUBTOTAL OF EQUIPMENT LISTED ABOVE 11,692.00
718-000-C MIRACLE: TOTS' CHOICE CUSTOM PLAY STRUCTURE 1 26,516.00 26,516.00
494122 RACCOON LOG 1 6,365.00 6,365.00
494126 LARGE HOP ROCK 1 648.00 648.00
718-000-C MIRACLE: TOTS' CHOICE CUSTOM PANEL CLUSTER
- MAGICAL MUSIC PANEL
- SLIDE & SOLVE PANEL
- A-MAZE-ING PANEL
- VERY BURIED PANEL
1 6,678.00 6,678.00
SUBTOTAL OF EQUIPMENT LISTED ABOVE 40,207.00
NJPA CONTRA...MIRACLE SOURCEWELL CONTRACT # 030117-LTS 0.00 0.00
NJPA Discount SOURCEWELL CONTRACT DISCOUNT 1 -6,836.00 -6,836.00
M-Freight MIRACLE FREIGHT 1 5,328.00 5,328.00
InstallPG INSTALL PLAYGROUND EQUIPMENT 1 12,363.00 12,363.00
SUBTOTAL OF EQUIPMENT LISTED ABOVE 10,855.00
PLAYBOUND PIP SURFACE AMERICA: PLAYBOUND POURED IN PLACE
SURFACING SYSTEM
- 50% COLOR/50% BLACK MIX
1,150 13.18696 15,165.00
SPORTEX TURF SPORTEXE POWER BLADE SPORTS TURF
- WITH COMPACTED BASE & SUPPORTIVE BASE PAD
1 8,682.00 8,682.00
Page 1
ATTACHMENT 1
Quotation
Date
5/6/2019
Estimate #
19-0347
Bill To Address:
City of Wheat Ridge
9110 W. 44th Avenue
Wheat Ridge, CO 80033
Ship To Address:
City of Wheat Ridge
9110 W 44th Avenue
Wheat Ridge, CO 80033
Terms
Net 30
Rep
CC
FOB
Jobsite
Project
Recreation Center Playground
E.O. #
(303) 530-4414Tel:(303) 530-9239Fax:
Total
Sales Tax (0.0%)
PO BOX 204757
DALLAS, TX 75320-4757
Item Description Qty Unit Cost Total
SUBTOTAL OF EQUIPMENT LISTED ABOVE 23,847.00
Page 2
$86,601.00
$0.00
ITEM NO: DATE: June 24, 2019
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD A CONTRACT AND APPROVE
SUBSEQUENT PAYMENTS TO AV-TECH ELECTRONICS,
INC. IN AN AMOUNT NOT TO EXCEED $135,500 FOR POLICE VEHICLE EQUIPMENT AND UP-FIT INSTALLATION SERVICES WITH THE OPTION TO ALLOW UP TO FOUR ADDITIONAL ONE-YEAR TERMS
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________
Public Works Operations Manager City Manager
ISSUE: The City received two (2) bids in response to a formal solicitation for Police Vehicle Equipment and Up-Fit Installation Services. Staff is recommending award to the higher priced bidder based on review of the bids including prior experience, specified
equipment, identified labor prices and overall best value to the City of Wheat Ridge. An option to allow up to four additional one-year terms, at the discretion of the City, applies to this award.
PRIOR ACTION: Council approved the previous award in 2014.
FINANCIAL IMPACT: The funds for the Police Vehicle Equipment and Upfit Proposal are budgeted in the Fleet
Replacement line item, account number 01-303-800-807, of the 2019 Public Works
Operations budget of $851,728.
1b
Council Action Form – Police Vehicle Equipment and Upfit
June 24, 2019
Page 2 BACKGROUND: On June 6, 2019, two (2) bids were received for Police Vehicle Equipment and Up-Fit
Installation Services. Both submittals met the initial bid requirements. Staff reviewed the bids
with respect to vendor qualifications, approach, timeliness, convenience of services, price
schedules and the greatest short and long-term financial benefit to the City of Wheat Ridge.
References have also been checked. Based upon the criteria, a consensus was reached by Staff to
recommend award to Av-Tech Electronics, Inc. located in Wheat Ridge, Colorado to outfit nine
police vehicles this year in a total amount not to exceed $135,500, instead of the apparent low
bidder, Lighting, Accessory and Warning Systems located in Englewood, Colorado. The
awarded vendor is expected to respond to varying equipment and installations, and future
warranty issues as they arise, therefore the importance of known labor cost per item is necessary.
RECOMMENDATIONS: Staff recommends award of the Police Vehicle Equipment and Installation Services contract to
Av-Tech Electronics, Inc. to outfit nine police vehicles in 2019 for a total amount not to exceed
$135,500 with the option to allow up to four additional one-year terms, as budgeted and at the discretion of the City. RECOMMENDED MOTION: “I move to award a contract and approve subsequent payments to Av-Tech Electronics, Inc. in a
total amount not to exceed $135,500 for Police Vehicle Equipment and Up-Fit Installation Services with the option to allow up to four additional one-year terms.” Or,
“I move to deny award and payment to Av-Tech Electronics, Inc. in a total amount not to exceed $135,500 for Police Vehicle Equipment and Up-Fit Installation Services with the option to allow up to four additional one-year terms for the following reason(s): ________________________.”
REPORT PREPARED/REVIEWED BY: Greg Knudson, Operations Manager Jennifer Nellis, Purchasing Agent
Patrick Goff, City Manager
ATTACHMENTS: 1. Price Evaluation Spreadsheet
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PROJECT: RFB-19-12 REQUESTED BY: GREG KNUDSON / BILL TOCCO -PW OPERATIONS
POLICE VEHICLE EQUIPMENT & INSTALLATION UPFIT SERVICES
DUE DATE/TIME: THURSDAY, JUNE 6, 2019 AT 3 P.M. LOCAL TIME
OPENED BY: JENNIFER NELLIS, PURCHASING AGENT
WITNESSED BY: KIRBY HOLLUMS, BUYER II
VENDOR AV Tech LAWS ---LOCATION Golden, CO Englewood, CO
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1; " -BIDDER ACKNOWLEDGMENT FORM Yes Yes -ACKNOWLEDGEMENT OF ADDENDA (1) Yes Yes -ILLEGAL ALIEN COMPLIANCE Yes Yes -NON-DISCRIMINATION ASSURANCE FORM Yes Yes
NON-COLLUSION AFFIDAVIT Yes Yes
VENDOR QUALIFICATION FORM I Yes I Yes �i::mi1:iii:liiliiiii:;1;i0Eim;m;1;m;r;1;1;m;1;m;m;;;;:;;;;1��l���1;i: i ;��i�i��kijii :i1:i:�[�&,��10rn :li;i�:�i��Sf�il�ilili• 1:1J���i��m�1:1: ;�t�[8.���i�l:l: :;;;li;i;;w�fit.�i;m;::
CATEGORY A -Safety Lights
Lightbar $ 1,105.00 $ 63.00 $ 1,168.00 $ 1,494.53 $ $ 1,494.53
Rear Deck Lights $ 233.35 $ 126.00 $ 359.35 $ 269.64 $ $ 269.64
Light and Siren Controller $ 800.00 $ 346.50 $ 1,146.50 $ 594.09 $ $ 594.09
Siren Speaker $ 164.00 $ 47.25 $ 211.25 $ 159.00 $ $ 159.00
Siren Speaker Mount $ 20.50 $ 20.50 NC $ NC
Rear Door Side Lights $ 172.70 $ 94.50 $ 267.20 $ 184.00 $ $ 184.00
Liftgate Emergency Lights $ 84.50 $ 126.00 $ 210.50 $ 90.00 $ $ 90.00
Rear Pillar Lights $ 812.00 $ 157.50 $ 969.50 $ 743.40 $ $ 743.40
CATEGORY B -Cabin Gear
Large Console $ 468.00 $ 173.25 $ 641.25 $ 528.58 $ $ 528.58
Plus DC/USB Outlet $ 118.17 $ 47.25 $ 165.42 $ 79.00 $ $ 79.00
Visor Map Light $ 17.40 $ 31.50 $ 48.90 $ 34.00 $ $ 34.00
Dome Light $ 58.50 $ 31.50 $ 90.00 $ 56.70 $ $ 56.70
Page 1 of 3
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ATTACHMENT 1
ITEM NO: DATE: June 24, 2019
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD A CONTRACT AND APPROVE
SUBSEQUENT PAYMENTS TO SHORT ELLIOT
HENDRICKSON, INC., DENVER, CO, IN AN AMOUNT NOT TO EXCEED $144,150 FOR PROFESSIONAL SERVICES FOR THE DESIGN OF 52ND AVENUE AND WARD ROAD INTERSECTION
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________
Director of Public Works City Manager
ISSUE: The Wheat Ridge · Ward Station area is one of four projects in the City’s Investing 4 the Future bond program which is benefitting from $12 million from the voter-approved, temporary ½-cent
sales and use tax rate increase. Wheat Ridge and CDOT have been cooperating in assessing improvements to the 52nd Avenue and Ward Road intersection including the replacement of the traffic signal. Short Elliot Hendrickson, Inc. (SEH) has been contracted to perform design services for the Station area. An additional task order needs to be approved to design the
intersection improvements and prepare construction plans and specifications.
PRIOR ACTION: For several years, the City has lead extensive visioning and planning efforts focused on the Wheat Ridge · Ward Station planning area. Numerous Council updates and actions have occurred at various stages in these processes. Council was most recently updated on April 1,
2019 on the status of the Wheat Ridge · Ward Station planning area and on private developments
in the area.
1c
Council Action Form – 52nd Ward Design Contract
June 24, 2019
Page 2 FINANCIAL IMPACT:
Professional service fees in the amount of $144,150 are available in the Wheat Ridge · Ward Road Station 2E bond budget. Staff is currently working with the CDOT to prepare an Intergovernmental Agreement that establishes a cost sharing arrangement for the design and reconstruction of 52nd Avenue and Ward Road intersection including the traffic signal.
BACKGROUND: Earlier this year, CDOT and City staff met to discuss the necessary improvements to the 52nd Avenue and Ward Road intersection. The plans at that time only showed improvements to the east side of the intersection. CDOT expressed a desire to upgrade the entire signal from the
existing span wire signal to a modern pole/mast arm signal.
At a subsequent meeting with CDOT, both agencies agree to share the cost of the intersection upgrade equally. An Intergovernmental Agreement has been started with CDOT and will be brought to Council later this summer for approval.
Task Order #4 authorizes SEH to prepare the construction drawings, coordinate the proposed
traffic signal upgrade with the affected utility companies and other agencies, and obtain the
necessary approvals to construct the project.
RECOMMENDATIONS: Staff recommends authorizing Task Order #4 to SEH to upgrade the 52nd Avenue and Ward Road intersection design including the traffic signal, construction plans and specifications.
RECOMMENDED MOTION: “I move to award a contract and approve subsequent payments to Short Elliot Hendrickson, Inc., Denver, CO, in an amount not to exceed $144,150 for professional services for the design of the 52nd Avenue and Ward Road intersection.”
Or, “I move to deny the award of a contract and subsequent payments to Short Elliot Hendrickson, Inc., Denver, CO, in an amount not to exceed $144,150 for professional services for the design
of the 52nd Avenue and Ward Road intersection for the following reason(s)
_________________________________.” REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Manager
Steve Nguyen, Engineering Division Manager Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager
Council Action Form – 52nd Ward Design Contract
June 24, 2019
Page 3 ATTACHMENTS:
1. Task Order #4 – Signal and Intersection Improvement Plans for 52nd Avenue and Ward Road scope and fee
Engineers | Architects | Planners | Scientists
Short Elliott Hendrickson Inc., 2000 South Colorado Boulevard, Suite 6000, Colorado Center Tower One, Denver, CO 80222-7938
SEH is an equal opportunity employer | www.sehinc.com | 720.540.6800 | 800.490.4966 | 888.908.8166 fax
May 13, 2019 RE: Proposal for Professional Services
Ward Station Area Projects
Task Order No. 4 – SIGNAL AND INTERSECTION
IMPROVEMENT PLANS for
W 52nd Avenue and SH 72 (Ward Road)
Wheat Ridge, Colorado
Mr. Mark Westberg, P.E., CFM
Projects Supervisor
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80033
mwestberg@ci.wheatridge.co.us
Dear Mark:
Please find enclosed SEH’s proposal for Task Order No. 4 – SIGNAL AND INTERSECTION IMPROVEMENT
PLANS for W. 52nd Avenue and SH 72 (Ward Road).
PROJECT UNDERSTANDING
The City of Wheat Ridge in conjunction with the Colorado Department of Transportation desires to
complete signal improvements and corresponding intersection improvement construction documents
for the intersection of 52nd Avenue and SH 72 (Ward Road) in the City of Wheat Ridge. The intersection
is a CDOT intersection, but municipal jurisdiction involves Jefferson County on the NW, SW and NE
corners. Wheat Ridge has jurisdiction over the SE corner. The signal equipment is outdated with span
wire configuration. Corresponding intersection improvements may include improved stop bar and
crosswalk striping, and ADA ramp configuration. Right‐of‐Way (ROW) acquisition is not anticipated at
this time. Should acquisition be required, the work will be performed by others.
Advertisement for the project is tentatively scheduled for October 2019.
The general scope of the project will include:
Survey obtained through concurrent project for the City of Wheat Ridge as part of their Ward
Station Area Projects, Task Order No. 1 – 52nd Avenue, including Ward Road Signal Redesign
used for this project.
Environmental investigation, evaluation and reports to support a Categorical Exclusion, including
Parts A and B of the Colorado Department of Transportation’s (CDOT) Form 128.
Evaluation of existing conditions of the intersection, including review of ADA‐compliance issues
and condition of roadway pavement markings.
Design and preparation of plans and specifications for appropriate modifications to the
intersection (handicap ramps) based on site conditions.
ATTACHMENT 1
Ward Station Area Projects Task Order No. 4 – SIGNAL AND INTERSECTION IMPROVEMENT PLANS for SH 72 (Ward Road) & W 52nd Avenue Wheat Ridge, Colorado May 13, 2019 Page 2
Short Elliott Hendrickson Inc.
Design and preparation of plans and specifications for new traffic signal poles (4) and mast arms
at the subject intersection. The design includes but is not limited to poles, mast arms,
detection, control boxes, wiring, and pedestrian signal facilities.
Design and preparation of plans and specifications for appropriate signing and striping of the
subject intersection based on the intersection modifications.
It is not anticipated that geotechnical services will be needed.
It is anticipated that potholing will be required to make sure there are no utility conflicts due to
the new signal pole locations.
SCOPE OF SERVICES:
1.Project Management
a.Records management, archiving, and communications.
b.Contract management, sub contract management, project scheduling.
c.Project kick‐off meeting at the City, and two internal project staff coordination meetings.
d.Monthly invoicing and status reporting to the City throughout the course of the project.
e.Maintaining project schedule and budget.
Deliverables – approved schedule, updates to schedule as necessary, monthly invoices with
progress reports, monthly budget reports, monthly communications reporting, meeting minutes.
2.Topographic and Existing Right‐of‐Way Mapping
A.Property Surveys and Mapping
A survey of the properties adjacent to the project area was previously performed and entities
mapped for the City of Wheat Ridge Ward Station Area Projects specific for this signal design at this
location. SEH will utilize the existing survey for the design process at no additional cost to the
project. SEH will contact impacted property owners in advance of any field work with right‐of‐entry
notifications.
3.Environmental Services
a.Investigation, desktop and field review, evaluation and recommendations will be made by ERO
Resources Corporation in five (5) areas: Biological resources, hazardous materials, historic and
cultural resources and paleontological resources, and resources dismissed from further analysis.
Reports will be prepared and provided to the City and CDOT. It is assumed this project will
qualify for a Categorical Exclusion (CATEX). ERO will be responsible for the environmental
services and coordinating with the Specialty Units. SEH has included modest time for
coordination and document review with ERO during the design development. Refer to ERO’s
scope of worked attached, which further outlines assumptions and exclusions.
4.SUE Services/Utility Coordination, Plans and Clearances
a.Goodbee & Associates, Inc. will be working with their subconsultant, D&M Utilities, to provide
utility locates, mapping and utility verification. Much of this information was originally gathered
Ward Station Area Projects Task Order No. 4 – SIGNAL AND INTERSECTION IMPROVEMENT PLANS for SH 72 (Ward Road) & W 52nd Avenue Wheat Ridge, Colorado May 13, 2019 Page 3
Short Elliott Hendrickson Inc.
as part of the 52nd Avenue Reconstruction project adjacent to this site before it was determined
to be split out separately. Additional services for this project will be limited to providing utility
locates, up to 10 test holes and 4 soil investigations of the proposed signal pole locations, per
ASCE 38 and meeting the State regulations of SB 18‐176. Field services include core and drilling
test holes, permanent pavement repair, assume nighttime work in the intersection and provide
for traffic control needs. Wheat Ridge will be consulted when these field services are to be
provided in the project timeline, weighing plan development and project schedule in an effort to
minimize risk of re‐work. Utility Plans will be prepared with utility contacts, pothole log and
plans depicting utility line work differentiated as Quality Level D through A. The plans will be
stamped by an experienced SUE Colorado Professional Engineer.
b. Although Goodbee will be responsible for utility investigations and coordinating with the
Specialty Units for CDOT clearances, SEH has included modest time for coordination with
Goodbee staff during the design development, and participation in wet/dry utility stakeholder
meetings. One initial stakeholder meeting is anticipated for both wet and dry utility providers to
be held at the City. One round of 1 hour follow up meetings and correspondence with affected
providers is anticipated. The SEH team will confirm if any affected stakeholders plan capital
improvements projects in the project area, where a collaborative approach might minimize
impacts to residents and commuters.
c. Goodbee will prepare project specific utility specifications outlining contractor responsibilities,
and work to be conducted by others.
5. Preliminary (60%) Design Phase
a. A preliminary design package, including, draft CDOT clearance documents, construction plans
and a specification outline will be developed in CDOT format.
b. An Engineer’s opinion of probable construction cost will be completed.
c. Deliverables will be 11x17 plan and reports transmitted electronically in PDF format.
d. Traffic volumes from the TIS submitted by AECOM will be used to evaluate the left turn phasing
at the intersection. A recommended left turn phase will be provided to Wheat Ridge and CDOT
for review, along with Autoturn exhibit(s) depicting bus movements and a preliminary Traffic
Report. The option of using a 4‐section left turn signal head will be considered as a potential
left turn phasing solution. SEH will also look at Bus movements (40‐foot, not articulated)
making a right turn WB 52nd to NB Ward Rd, and NB Ward Rd to EB 52nd.
e. A 60% submittal set will be provided to and reviewed by the City, and other impacted
stakeholders. It is anticipated these will include Arvada, Jeffco, Rocky Mountain Ditch
(Wannamaker Ditch) Co., Wet Utility providers, and Dry Utility providers. Once comments are
received, SEH will prepare a draft response matrix. We will meet with the City to review the
60% submittal and confirm the approach to resolve the comments.
6. Final Design Phase (FIR/FOR)
a. A combined FIR/FOR design package will be developed in CDOT format. SEH plans on a
combined FIR/FOR submittal for CDOT and City review. This single package will contain
proposed design of improvements and modifications for the traffic signal design, curb ramps
Ward Station Area Projects Task Order No. 4 – SIGNAL AND INTERSECTION IMPROVEMENT PLANS for SH 72 (Ward Road) & W 52nd Avenue Wheat Ridge, Colorado May 13, 2019 Page 4
Short Elliott Hendrickson Inc.
and striping improvements. The design package will be submitted for review to CDOT and the
City of Wheat Ridge.
b. A final Traffic Report, CDOT clearance package, utility clearance package and project special
provision specifications will be provided.
c. An updated Engineer’s opinion of probable construction cost will be completed.
d. Deliverables will include up to ten (10) half‐size copies of the Traffic Signal and Intersection
Improvement Plans and the complete set of project special provisions for the FIR/FOR will be
developed and provided to CDOT and the City for review.
e. Electronic copies of the FIR/FOR submittal will be provided to CDOT and the City. A preliminary
engineer’s opinion of probable construction cost for the project will also be provided.
f. An FIR/FOR meeting agenda will be completed along with a complete list of project
stakeholders who should be included in the project review process, including CDOT and the
City of Wheat Ridge. Complete review sets of the traffic signal plans and project special
provisions will be distributed to designated stakeholders for their review. An invitation to
participate in the FIR/FOR meeting will be distributed, along with the agenda as appropriate.
g. SEH will coordinate and administer the FIR/FOR meeting.
h. FIR/FOR meeting minutes will be prepared and distributed after the FIR/FOR meeting. The
minutes will be distributed to attendees and stakeholders for review, comment, and
clarification. SEH will prepare a comment/response matrix that will be submitted for the final
submittal.
i. Final construction documents suitable for bidding, including final plan sheets, project special
provisions, and an updated engineer’s estimate of probable construction costs will be
assembled and provided to the City. An electronic copy of the bid documents will be provided
to CDOT.
Deliverables – intersection improvement plans, project special provisions, Engineer’s opinion of
probable construction cost, FIR/FOR meeting agenda and attendee list, meeting minutes, electronic
copies of deliverables. Deliverables will include up to ten (10) half‐size copies of the Traffic Signal
and Intersection Improvement Plans and the project special provisions for the FIR/FOR and up to
two (2) half‐size copies of the final signed and stamped PS&E package. Electronic copies of the
FIR/FOR submittal and the final approved PS&E package will be provided to CDOT and the City.
6. Clearances
This scope and fee assumes that Utility, Environmental and Right of Way clearances will be provided
by the SEH team.
7. Bid Services
a. SEH will assist the City/CDOT in developing project Invitation‐For‐Bid (IFB) advertisement
documents. The City/CDOT will advertise publish as required as is its practice.
b. SEH will be available to clarify intersection design questions as appropriate during the bidding.
SEH will also attend the pre‐bid conference.
Ward Station Area Projects Task Order No. 4 – SIGNAL AND INTERSECTION IMPROVEMENT PLANS for SH 72 (Ward Road) & W 52nd Avenue Wheat Ridge, Colorado May 13, 2019 Page 5
Short Elliott Hendrickson Inc.
8. Construction Services
a. SEH will attend the pre‐construction conference.
b. SEH will assist the City/CDOT in reviewing contractor material submittals. SEH anticipates
material submittals will be in one or two packages of similar materials (ie. Signal materials, Civil
materials, etc.)
c. SEH will be available to clarify up to 3 contractor RFI’s as appropriate during construction.
Assumptions and Exclusions
1. Project funding is anticipated be from CDOT (State, local agency) and Municipal partners (Wheat
Ridge and Arvada). No Federal funding, or related reporting are anticipated.
2. Traffic Study is to be provided by the City. This project’s traffic study will be refined for the project
specifics, as appropriate. Traffic counts are to be included in the previous report or provided by the
City. No field reconnaissance is anticipated.
3. Geotechnical investigation, report and recommendations are not anticipated. Signal pole caisson
design is expected to be per CDOT details using CDOT Class BZ concrete.
4. Road reconstruction design is limited to curb ramp replacement and sidewalk to meet current ADA
requirements. Pavement or curb and gutter reconstruction is not anticipated.
5. No Drainage Report or supporting calculations are anticipated. Water quality and detention is
assumed to be provided at downstream existing facilities.
6. Landscape and irrigation restoration, other than minor work to reset existing features is anticipated.
7. Wet and Dry Utility relocation design and plans, if needed, are assumed to be by the respective
Utility providers.
8. Structural design is not included. Signal pole caisson bases are anticipated to be per CDOT details.
9. Public Involvement/Information services, and meeting participation is by Others.
10. Lighting photogrammetry analysis is excluded. Additional services can be added if needed.
11. Boundary survey, legal descriptions and exhibits for ROW, temporary or permanent easements are
not included.
12. No ROW acquisition is anticipated. CDOT is to research existing ROW and provide SEH
documentation of additional easements (if on file) for inclusion in base mapping. If additional ROW
acquisition or easements are needed, these are to be provided by SEH as an additional service or by
Others. LPA CDOT Standard Right‐of‐Way plans excluded.
13. Assume NPDES application and permit to be prepared by Contractor.
14. Assume Permit fees to be paid by City.
15. Construction observations services assumed to be provided by Others.
16. As‐built survey, record drawings and as‐builts drawings by others.
Note: If a scope item is not explicitly included, it is explicitly excluded.
SCHEDULE
Although preliminary scheduling targeted 2.5 months to begin advertising for bids, we see this as a very
aggressive schedule based on typical CDOT involvement. We feel the following schedule is more
feasible, but still aggressive and should be considered. The estimated period of performance is 1 month
Ward Station Area Projects Task Order No. 4 – SIGNAL AND INTERSECTION IMPROVEMENT PLANS for SH 72 (Ward Road) & W 52nd Avenue Wheat Ridge, Colorado May 13, 2019 Page 6
Short Elliott Hendrickson Inc.
for Pre‐Design Services, 3 months for Design Services, 2 months for Bidding Services, 3 months for
Construction Administration Services and 1 month for Project Close‐Out Services. City design review
periods are anticipated to be 2 weeks. A detailed preliminary project schedule is attached for your
review. SEH welcomes the City’s input on how the schedule can be minimized if needed.
FEE ESTIMATE
The attached spreadsheet details our proposed Cost Plus Fixed Fee for the scope and schedule provided.
The fee estimate utilizes the negotiated contract “Cost Rates”, and a Fixed Fee of 10% on labor. Cost
rates for ERO are included with this proposal. The total, Not‐to‐Exceed fee for this task is $144,150.00.
Feel free to call with any questions.
Sincerely,
Short Elliott Hendrickson Inc.
Scott Jardine, PE, LEED AP Rick Coldsnow, PE Project Manager Principal
Attachments:
1. SEH Preliminary Schedule – Ward Station Area Projects, T.O. 4
2. SEH Proposed Fee Estimate
1
ERO Resources Corporation
ERO Resources Corporation
Scope of Work for Environmental Services for
West 52nd Avenue and Ward Road (SH-72)
Intersection Improvements Project
Wheat Ridge, Colorado
April 17, 2019
Summary
Short Elliott Hendrickson Inc. (Client) has requested that ERO Resources Corporation (ERO) prepare this
Scope of Work (SOW) to perform the environmental services for the proposed intersection
improvement project at West 52nd Avenue and Ward Road in Wheat Ridge, Colorado. ERO will conduct
the necessary research, fieldwork, and environmental documentation for the proposed project to
support a Categorical Exclusion, including Parts A and B of the Colorado Department of Transportation’s
(CDOT) Form 128 (07/21/2016 version). This SOW assumes the Client will use ERO’s work to obtain all
project-related permits and additional requirements, as specified in Part C of CDOT’s Form 128, unless
specified below.
All work will be completed at the appropriate level of detail to document existing environmental
conditions and will be summarized, along with steps required to obtain any permits or additional
clearances, in brief reports. Work will not commence on this contract until written Notice to Proceed is
received from the Client. Upon receipt of the Notice to Proceed and a final project area boundary, the
environmental analysis can be prepared within five weeks.
ERO will provide environmental services, including necessary research, fieldwork, and environmental
documentation, for the following resources:
• Biological resources
o Wetlands and waters of the U.S.
o Wildlife including federally listed threatened and endangered (T&E) species and Colorado
state-listed species
o Vegetation and noxious weeds
• Hazardous materials
• Historic and cultural resources
• Paleontological resources
ERO assumes that the following resources would not need to be analyzed in detail, and will provide a
brief memorandum explaining why the proposed project is exempt from detailed analyses:
ERO Resources Corporation
Scope of Work for Environmental Services for
West 52nd Avenue and Ward Road Intersection Improvement Project
Wheat Ridge, Colorado
2
ERO Resources Corporation
• Air quality
• Noise impacts
• Section 4(f) or 6(f) resources
ERO further assumes that no regulated resources will be present in the project areas and that Clean
Water Act Section 404 authorization, Wetland Finding, Section 6(f) clearance, SB 40 Wildlife
Certification, presence/absence surveys for T&E species, and a full Phase I Environmental Site
Assessment for hazardous materials will not be necessary.
Task A. Biological Resources
ERO will conduct a field review to assess the project area for biological resources, including general
wildlife, federally listed T&E species habitat, Colorado state-listed species habitat, migratory birds,
wetlands and waters of the U.S., and noxious weeds. Wetlands, if present, will be delineated following
the methods described in the 1987 U.S. Army Corps of Engineers (Corps) Wetlands Delineation Manual
and appropriate regional supplement. T&E species habitat will be analyzed based on CDOT’s State Wide
Impact Findings Table (SWIFT) process.
Based on the field review results, ERO will prepare a brief biological resource report (BRR) describing the
biological resources found and the regulatory requirements pertaining to these resources. The Draft
BRR will be submitted to the Client for review prior to submittal to CDOT. After comments and edits to
the Draft BRR are addressed by ERO, the Final BRR will be submitted to CDOT. Additionally, if present,
ERO will provide the Client with an electronic file showing the boundaries of wetlands and other waters
to assist with project planning.
Assumptions
• The project area will be reviewed and approved by the Client and CDOT prior to any field
reviews.
• Changes to the project area boundary after work on this SOW has begun may require changes to
this SOW and costs as necessary.
• The Client will provide written permission from all landowners to access the project area.
• Based on preliminary project review, wetlands and other waters do not occur in the project area
and a request for authorization under the Clean Water Act or a CDOT Wetland Finding Report is
not needed.
• Potential T&E habitat will be assessed through the SWIFT process and additional coordination
with the U.S. Fish and Wildlife Service will not be needed.
• ERO will provide mapping of all noxious weeds and notes on control methods, but a noxious
weed management plan will not be required.
• One round of CDOT review and revisions of the BRR is included in this SOW and cost estimate.
ERO Resources Corporation
Scope of Work for Environmental Services for
West 52nd Avenue and Ward Road Intersection Improvement Project
Wheat Ridge, Colorado
3
ERO Resources Corporation
Products
• Draft BRR emailed to the Client and CDOT.
• Final BRR emailed to the Client and CDOT.
• If present, electronic file of the wetland and other waters boundaries submitted to the Client via
email.
Task B. Limited Hazardous Materials Assessment – Initial Site
Assessment (ISA)
ERO will conduct an ISA for hazardous materials for the project area. The assessment will generally
conform to CDOT ISA requirements detailed in CDOT’s Hazardous Material Guidance, dated June 2018.
To complete this task, ERO will conduct a visual site inspection of the project area. The purpose of the
inspection is to document environmental concerns. ERO will document the general site setting, such as
current use(s) of the project area and adjoining properties, and general hydrogeologic and topographic
features. ERO will provide a general description of structures and other improvements and identify the
following site conditions, if they are observed during the site inspection:
• The quantity, type, and storage system for hazardous substances and petroleum products in
connection with identified uses.
• Tanks, containers, drums, barrels, and other systems used for storing hazardous substances and
petroleum products not connected to identified uses.
• Aboveground and underground storage tanks.
• Pits, ponds, lagoons, and other features potentially used for storage and/or disposal of
hazardous substances and petroleum products.
• Odors, pools of liquids, stained soils and pavement, and stressed vegetation.
• Electrical equipment potentially containing polychlorinated biphenyls (PCBs).
• Potential lead-based paint (samples may need to be taken at additional cost).
• A cursory inspection of the project area for potential asbestos-containing materials.
The following issues are specifically excluded from the ISA: radon and lead in drinking water.
ERO will also conduct a search of records and files from a variety of sources and compile information
pertaining to current and past environmental conditions. This search may include the following
information:
• Topographic, land use, and environmental resource maps.
• Aerial photographs.
• County and city records.
• State and federal databases.
ERO Resources Corporation
Scope of Work for Environmental Services for
West 52nd Avenue and Ward Road Intersection Improvement Project
Wheat Ridge, Colorado
4
ERO Resources Corporation
Based on the information gathered during this record search and site inspection, ERO will compile the
information and findings into one detailed written report that includes the site description, records
review, site reconnaissance, and conclusions. The ISA report will be submitted as a draft to the Client
for review and comment prior to submittal to CDOT.
Assumptions
• The Client will obtain written permission to access the project area.
• The Client will provide all required engineering plans and specifications.
• One round of revisions for the ISA report based on CDOT’s comments is included in this SOW
and no other revisions will be needed.
Products
• Draft ISA report delivered to the Client via email.
• Final ISA report, including a PDF document emailed to the Client and one hard copy mailed to
the Client.
Task C. Historic and Archaeological Resources
To assist the client and CDOT with identifying historic and cultural resources in compliance with Section
106 of the National Historic Preservation Act (NHPA), ERO will conduct a records search and archival
research. For the record search, ERO will conduct a file search with the Colorado Office of Archaeology
and Historic Preservation to identify previously conducted surveys within the project area; the file
search will include the project area and a 0.25-mile buffered search area per CDOT requirements. ERO
will also review other relevant records such as aerial photographs and historic maps to identify buildings
and structures that are 50 years old or older and to determine the potential for archaeological deposits.
The results of the file and literature review will be provided to the client and CDOT in a technical
memorandum. Based on a preliminary review of the project area ERO assumes construction would
occur within existing disturbed areas. Therefore, the technical memorandum will recommend a
determination of “no potential to cause effects” to historic properties, per 36 CFR 800.3{a} {1}, and that
no further compliance is required for the project under Section 106 of the National Historic Preservation
Act.
Assumptions
• The project does not require right-of-way or easement acquisition.
• In the event CDOT determines fieldwork and reporting for consultation with the State Historic
Preservation Officer is necessary, ERO will conduct these tasks under a revised scope of work.
ERO Resources Corporation
Scope of Work for Environmental Services for
West 52nd Avenue and Ward Road Intersection Improvement Project
Wheat Ridge, Colorado
5
ERO Resources Corporation
Products
• Draft letter of “no potential to cause effects” for the project area emailed to the Client and
CDOT and one round of revisions.
Task D. Paleontological Resources
ERO will assess the paleontological resources within the project area and general vicinity through
multiple methods that constitute a comprehensive desktop review (Review). The Review will include a
paleontological locality file search; a scientific literature search; assessment of pertinent geologic maps;
and consultation with the CDOT Paleontologist as needed. ERO will conduct the file searches through
the Colorado Office of Archaeology and Historic Preservation (OAHP) “COMPASS” website, the Denver
Museum of Nature and Science (DMNS), and the University of Colorado Museum of Natural History (CU
Boulder). ERO will also search the scientific literature and other available documents pertaining to
paleontological resources in the project area and vicinity, including an evaluation of published geologic
maps to determine the paleontological sensitivity of bedrock formations and/or other surficial deposits
in the project area. The CDOT (and/or another agency) paleontologist will be consulted as necessary. A
technical report presenting the results of the Review, with mitigation recommendations (if any), will be
prepared using accepted resource assessment criteria and professional standards.
Assumptions
• No paleontological localities will be found in the proposed project area or vicinity.
Products
• Draft paleontological technical report emailed to the Client and CDOT.
• Final paleontological technical report emailed to the Client and CDOT.
• Address any Client, CDOT, or other agency comments on the technical report.
Task E. Resources Dismissed from Further Analysis
The proposed project does not require air quality, noise impact, or Section 4(f) or 6(f) resource impact
analysis. ERO will draft a memorandum, explaining why the proposed project is exempt from these
detailed analyses, and submit them to the Client and CDOT as part of the Form 128 compliance
documentation.
Assumptions
• This SOW does not include additional work required in the event any significant resource is
located in the project area and vicinity.
ERO Resources Corporation
Scope of Work for Environmental Services for
West 52nd Avenue and Ward Road Intersection Improvement Project
Wheat Ridge, Colorado
6
ERO Resources Corporation
Products
• Draft memorandum emailed to the Client and CDOT.
• Final memorandum emailed to the Client and CDOT.
Task F. Project Coordination and Management
This task includes items associated with project coordination such as project start-up documentation,
health and safety plan compliance, monthly invoicing, communication through emails and phone calls,
and quality assurance. ERO will primarily coordinate with the Client on schedule, design, and other
project-related matters via telephone and email. ERO assumes one in-person meeting will be needed
for CDOT scoping. ERO will ensure all documents and figures are reviewed for technical and editorial
accuracy.
Scope of Work Assumptions
• Changes to the project area boundary after environmental tasks have begun will require
additional effort, and ERO will coordinate with the Client to determine if changes in the scope or
budget are necessary.
• The Client will provide all base maps and aerial photographs required by ERO for mapping and
field surveys.
• The Client will arrange and provide written permission to access the project area, if needed.
• A detailed noxious weed management plan is not required.
• No habitat for T&E species is present in the project area.
• Presence/absence surveys for T&E species are not included.
• Performing the delineation is weather dependent. The ground must be free of snow and, in
most instances, the soils must be unfrozen to collect the needed soil data.
• A wetland delineation report, Section 404 wetland permit, and CDOT Wetland Findings Report
will not be required for this project.
• Paleontological resources, noise, SB40, and Section 4(f) and 6(f) clearances will not be needed.
• One in-person meeting is included in this SOW. All other project communication will take place
through emails and phone calls.
• This SOW does not include additional work required in the event any currently unknown
significant resource is located in the project area.
• One round of revisions for all reports based on CDOT’s comments is included in this SOW and no
other revisions will be needed.
ERO Resources Corporation
Scope of Work for Environmental Services for
West 52nd Avenue and Ward Road Intersection Improvement Project
Wheat Ridge, Colorado
7
ERO Resources Corporation
Estimated Costs
The above Tasks A through F will be completed on a cost-plus fixed fee basis for a cost not to exceed
$10,400 (see below for breakout).
Task A. Biological Resources $2,400
Task B. Limited Hazardous Materials Assessment –ISA $3,500
Task C. Historic and Cultural Resources $1,200
Task D. Paleontological Resources $1,200
Task E. Resources Dismissed from Further Analysis $900
Task F. Project Coordination and Management $1,200
Total $10,400
ERO Resources Corporation 1 of 1
Wheat Ridge - Ward Station Area Projects
COST PLUS FIXED FEE - Rate Schedule - 2019
( A ) ( B ) ( C )Raw Billing Indirect LaborRate Cost Rate $/HourEmployee Name Discipline Title Cost / Hour % ( A ) x ( B+1)
Denise Larson Biologist I Environmental Scientist III, Project Manager III $41.47 166.60% $110.55
Heidi Gerstung Staff Biologist Environmental Scientist II $29.81 166.60% $79.47Adam Backsmeir Staff Geoscientist Environmental Scientist I $29.01 166.60% $77.35Abigail Sanocki Project Cultural Resource Specialist Archeologist / Historian $29.81 166.60% $79.47
Joshua Smith Senior Paleontologist Archeologist $35.00 166.60% $93.31Aliina Fowler Staff Environmental Planner Environmental Scientist I, Planner II $35.02 166.60% $93.37
Effective: January 1, 2019, Expires: December 31, 2019*;*Annual salary rate adjustments and annual Overhead adjustment occurs each year.
COST PLUS FIXED FEE - Schedule of Reimbursable Expenses - 2019
Vehicle Mileage Rate - IRS Rate $0.58/Mile
Vehicle Allowance CostsOff-Road Charge $30.00/Day
Survey EquipmentCultural Resource Data Collector $50.00/DayGlobal Positioning System (GPS)$110.00/Day
Field Equipment $10.00/Day
Sub-Consultants At Cost
Other Expenses At Cost
Other Equipment Expenses At Cost
SEH uses many different types of equipment, such as traffic counters; flow meters; air, water, and soil sampling kits;Inspection cameras; density meters; and many others. Our equipment is frequently upgraded to utilize current
technology. You will be charged for equipment usage per your agreement with SEH.
FIXED FEE - To be negotiated on a Task Order basis
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s
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1
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3
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$
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2
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0
0
$
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3
3
5
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3
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1
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5
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3
7
$
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0
0
$
1
,
3
3
5
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3
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s
o
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s
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i
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fr
o
m
Fu
r
t
h
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l
y
s
i
s
1
1
$
1
3
5
.
3
7
$
9
0
0
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0
0
$
1
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3
5
.
3
7
Ta
s
k
2
S
u
b
t
o
t
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l
0
8
5
1
9
0
6
0
6
7
6
0
57 $7,108.83 $205.94
$
4
5
,
3
4
4
.
4
6
$
9
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2
0
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$
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5
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2
3
3
P
r
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l
i
m
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r
y
(
6
0
%
)
D
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l
e
Sh
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t
0.
5
1
1
.
5
$
1
4
7
.
6
1
$147.61
CD
O
T
St
a
n
d
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r
d
Pl
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n
s
Li
s
t
1
2
3
$
2
6
1
.
4
3
$261.43
St
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r
d
Le
g
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n
d
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Ke
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t
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s
0.
5
2
2
.
5
$
2
1
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6
4
$210.64
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n
e
r
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l
No
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e
s
Sh
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t
1
1
2
2
6
$
5
8
5
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7
4
$585.74
Su
m
m
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of
Qu
a
n
t
i
t
i
e
s
2
1
2
2
1
8
$
8
6
7
.
8
7
$867.87
Su
r
v
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y
co
n
t
r
o
l
di
a
g
r
a
m
1
2
3
$
2
6
1
.
4
3
$261.43
Re
m
o
v
a
l
s
Pl
a
n
1
3
6
1
0
$
9
1
9
.
6
6
$919.66
Er
o
s
i
o
n
Co
n
t
r
o
l
Pl
a
n
s
,
no
t
e
s
an
d
de
t
a
i
l
s
1
3
5
9
$
8
3
9
.
7
4
$839.74
In
t
e
r
s
e
c
t
i
o
n
La
y
o
u
t
Pla
n
(S
W
,
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r
b
Ra
m
p
s
)
1
2
4
7
$
6
5
8
.
2
3
$658.23
Tr
a
f
f
i
c
Re
p
o
r
t
1
4
8
1
3
$
1
,
4
4
8
.
4
5
$1,448.45
Au
t
o
T
u
r
n
Ex
h
i
b
i
t
s
13
4
$
4
4
0
.
1
4
$440.14
CD
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e
a
r
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e
‐
Dr
a
f
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ve
r
s
i
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n
1
1
$
1
3
5
.
3
7
$
1
,
7
4
4
.
2
5
$
1
,
8
7
9
.
6
2
Ut
i
l
i
t
y
Cle
a
r
a
n
c
e
Le
t
t
e
r
s
(D
r
a
f
t
)
,
Xc
e
l
wo
r
k
re
q
e
s
t
1
1
$
1
7
3
.
6
5
$
1
,
4
4
1
.
3
7
$
1
,
6
1
5
.
0
2
Ut
i
l
i
t
y
Pl
a
n
s
1
1
$
1
3
5
.
3
7
$
3
,
3
0
5
.
8
7
$
3
,
4
4
1
.
2
4
Si
g
n
a
l
Pl
a
n
an
d
de
t
a
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l
s
2
2
4
1
2
2
0
$
2
,
2
3
1
.
2
0
$2,231.20
St
r
i
p
i
n
g
an
d
si
g
n
a
g
e
pl
a
n
1
2
8
1
1
$
9
7
7
.
9
1
$977.91
Co
n
s
t
r
u
c
t
i
o
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i
n
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an
d
tr
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t
r
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1
1
2
8
1
2
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1
2
9
.
1
2
$1,129.12
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t
l
i
n
e
pr
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j
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c
t
sp
e
c
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a
l
sp
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c
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f
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c
a
t
i
o
n
s
4
4
8
$
7
6
7
.
1
6
$767.16
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l
i
t
y
pr
o
j
e
c
t
sp
e
c
i
a
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pr
o
v
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s
i
o
n
s
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Dr
a
f
t
2
2
$
2
7
0
.
7
4
$
1
,
7
2
2
.
6
7
$
1
,
9
9
3
.
4
1
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i
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e
e
r
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s
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i
n
i
o
n
of
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a
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t
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c
t
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o
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t
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5
1
4
2
7
.
5
$
6
7
3
.
6
3
$
0
.
0
0
$
6
7
3
.
6
3
60
%
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b
m
i
t
t
a
l
pa
c
k
a
g
e
2
1
2
4
8
1
7
$
1
,
9
1
1
.
7
9
$
0
.
0
0
$
1
,
9
1
1
.
7
9
Re
v
i
e
w
Re
s
p
o
n
s
e
ma
t
r
i
x
0.
5
4
2
2
2
1
0
.
5
$
1
,
2
9
9
.
7
1
$
0
.
0
0
$
1
,
2
9
9
.
7
1
60
%
Re
v
i
e
w
Co
m
m
e
n
t
Me
e
t
i
n
g
33
3
9
$
1
,
3
8
0
.
6
9
$
4
3
.
5
0
$
4
3
5
.
8
6
$
1
,
8
6
0
.
0
5
Ta
s
k
3
S
u
b
t
o
t
a
l
2
5
.
5
7
2
3
.
5
1
2
.
5
3
1
.
5
5
4
3
1
0
0
0
167 $17,727.26 $43.50
$
8
,
6
5
0
.
0
2
$
0
.
0
0
$
2
6
,
4
2
0
.
7
8
Total Cost per Task
Cit
y
o
f
W
h
e
a
t
R
i
d
g
e
Subconsultants
52
n
d
&
W
a
r
d
I
n
t
e
r
s
e
c
t
i
o
n
-
F
e
e
S
h
e
e
t
-
O
v
e
r
a
l
l
.
x
l
s
1
5/13/2019
SE
H
F
e
e
P
r
o
p
o
s
a
l
PR
O
J
E
C
T
F
E
E
E
S
T
I
M
AT
I
N
G
W
O
R
K
S
H
E
E
T
By
:
S
J
Revision Date:
SE
H
I
N
C
.
Da
t
e
:
5
/
1
3
/
1
9
Pr
o
p
o
s
a
l
N
o
:
1
2
1
4
2
0
Job No:
Pr
o
j
e
c
t
:
W
a
r
d
S
t
a
t
i
o
n
A
r
e
a
P
r
o
j
e
c
t
s
-
52
n
d
A
v
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n
u
e
&
W
a
r
d
R
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a
d
S
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g
n
a
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R
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s
i
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n
Cli
e
n
t
:
SE
H
T
A
S
K
Pr
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n
c
i
p
a
l
Se
n
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Pr
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j
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c
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Ma
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a
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Se
n
i
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Pr
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j
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c
t
En
g
i
n
e
e
r
(T
r
a
f
f
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c
)
Pr
o
j
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c
t
En
g
i
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e
e
r
I
I
(C
i
v
i
l
)
Pr
o
j
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c
t
En
g
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e
e
r
I
I
(T
r
a
f
f
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)
St
a
f
f
En
g
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r
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I
(C
i
v
i
l
)
St
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f
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g
i
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r
(C
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)
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Tr
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f
f
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En
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r
Su
r
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a
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(P
L
S
)
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r
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Cr
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w
C
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n
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.
As
s
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t
a
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t
SEH SUBTOTAL
S
E
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S
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A
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H
G
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d
b
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D
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r
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t
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s
t
.
-
4
M
o
n
t
h
s
D
e
s
i
g
n
,
2
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n
t
h
s
B
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g
,
3
M
o
n
t
h
s
C
o
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t
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.
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.
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r
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.
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r
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r
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.
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.
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R
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s
t
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p
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n
s
es
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U
E
/
U
t
i
l
C
l
e
a
r
a
n
c
e
s
E
n
v
i
r
o
n
C
l
e
a
r
a
n
c
e
s
Ho
u
r
l
y
R
a
t
e
s
$
2
1
0
.
8
4
$
1
7
3
.
6
5
$
1
5
1
.
2
1
$
1
3
5
.
3
7
$
1
4
3
.
9
1
$
1
0
1
.
5
9
$
7
9
.
9
2
$
9
0
.
2
0
$
1
2
6
.
8
5
$
5
8
.
8
1
$
1
0
7
.
1
2
RC
S
J
J
L
E
O
A
M
J
J
G
M
M
W
S
K
E
M
S
O
Total Cost per Task
Cit
y
o
f
W
h
e
a
t
R
i
d
g
e
Subconsultants
4
F
I
R
/
F
O
R
D
e
s
i
g
n
Ti
t
l
e
Sh
e
e
t
1
1
2
$
1
8
1
.
5
1
$181.51
CD
O
T
St
a
n
d
a
r
d
Pl
a
n
s
Li
s
t
0.
5
1
1
.
5
$
1
3
0
.
7
2
$130.72
St
a
n
d
a
r
d
Le
g
e
n
d
an
d
Ke
y
No
t
e
s
1
1
$
7
9
.
9
2
$79.92
Ge
n
e
r
a
l
No
t
e
s
Sh
e
e
t
1
1
2
$
1
7
0
.
1
2
$170.12
Su
m
m
a
r
y
of
Qu
a
n
t
i
t
i
e
s
1
1
2
2
1
7
$
7
3
2
.
5
0
$732.50
Su
r
v
e
y
co
n
t
r
o
l
di
a
g
r
a
m
1
2
3
$
2
6
1
.
4
3
$261.43
De
t
a
i
l
s
Sh
e
e
t
‐
No
n
St
a
n
d
a
r
d
De
t
a
i
l
s
1
1
3
5
$
5
1
9
.
0
4
$519.04
Re
m
o
v
a
l
s
Pl
a
n
1
1
2
4
8
$
8
0
2
.
1
4
$802.14
In
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52
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January February March April May
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Manual Summary Start-only Finish-only External TasksExternal Milestone Progress Deadline
WA
R
D
S
T
A
T
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ITEM NO: DATE: June 24, 2019
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD A CONTRACT AND APPROVE
SUBSEQUENT PAYMENTS TO SHORT ELLIOT
HENDRICKSON, INC., DENVER, CO, IN AN AMOUNT NOT TO EXCEED $555,877.41 FOR PROFESSIONAL SERVICES FOR THE DESIGN OF A PEDESTRIAN BRIDGE, PLAZA AREAS, AND LINEAR PARK
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________
Director of Public Works City Manager
ISSUE: The Wheat Ridge · Ward Station area is one of four projects in the City’s Investing 4 the Future bond program which is benefitting from $12 million from the voter-approved, temporary ½-cent
sales and use tax rate increase. A pedestrian bridge, plaza areas, and linear park are necessary to provide a direct connection from the station to the properties to the south of the tracks. Short Elliot Hendrickson, Inc. (SEH) has been contracted to perform design services for the station area. An additional task order needs to be approved to design the pedestrian improvements and
prepare construction plans and specifications.
PRIOR ACTION: For several years, the City has lead extensive visioning and planning efforts focused on the Wheat Ridge · Ward Station planning area. Numerous Council updates and actions have occurred at various stages in these processes. Council was most recently updated on April 1,
2019 on the status of the Wheat Ridge · Ward Station planning area and on private developments
in the area. On April 1, 2019, Council directed staff to continue to work on the potential project list that was presented and to enter into negotiations with SEH to complete a scope of work for preliminary designs for the pedestrian bridge and linear park.
1d
Council Action Form – Pedestrian Design Contract
June 24, 2019
Page 2 FINANCIAL IMPACT: Professional service fees in the amount of $555,877.41 are available in the Wheat Ridge · Ward
Road Station 2E bond budget. Staff is currently exploring other funding opportunities to help fund the construction of the pedestrian bridge, plaza areas, and linear park. BACKGROUND: AECOM completed conceptual (15%) designs for the bridge, south plaza, and linear park, which
were reviewed with Council at the April 1 Study Session. Council directed staff to proceed with the design and property acquisition for the pedestrian bridge, south plaza, and linear park. The north plaza is on RTD property and was accommodated in the design of the station.
Task Order #5 authorizes SEH to prepare the construction drawings, coordinate the proposed
pedestrian bridge with RTD and BNSF, and obtain the necessary approvals to construct the
project.
RECOMMENDATIONS: Staff recommends authorizing Task Order #5 to SEH to design the pedestrian bridge, plaza areas, and linear park and prepare construction plans and specifications.
RECOMMENDED MOTION: “I move to award a contract and approve subsequent payments to Short Elliot Hendrickson, Inc., Denver, CO, in an amount not to exceed $555,877.41 for professional services for the design of the pedestrian bridge, plaza areas, and linear park.”
Or, “I move to deny the award of a contract and subsequent payments to Short Elliot Hendrickson, Inc., Denver, CO, in an amount not to exceed $555,877.41 for professional services for the
design of the pedestrian bridge, plaza areas, and linear park for the following reason(s)
_________________________________.” REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Manager
Steve Nguyen, Engineering Division Manager Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager
ATTACHMENTS:
1. Task Order #5 – Pedestrian Bridge, Plaza, and Greenway scope and fee
Engineers | Architects | Planners | Scientists
Short Elliott Hendrickson Inc., 2000 South Colorado Boulevard, Suite 6000, Colorado Center Tower One, Denver, CO 80222-7938
SEH is an equal opportunity employer | www.sehinc.com | 720.540.6800 | 800.490.4966 | 888.908.8166 fax
May 22, 2019 RE: Proposal for Professional Services Ward Station Area Projects Task Order No. 5 PEDESTRIAN BRIDGE, PLAZA AND
GREENWAY DESIGN SERVICES Wheat Ridge, Colorado
Mr. Mark Westberg, P.E., CFM Projects Supervisor City of Wheat Ridge
7500 W. 29th Avenue Wheat Ridge, CO 80033 mwestberg@ci.wheatridge.co.us
Dear Mark:
Please find enclosed SEH’s proposal for the Ward Station Pedestrian Bridge, Plaza and Greenway design services.
PROJECT UNDERSTANDING The City of Wheat Ridge desires to complete design of pedestrian improvements at the Ward Station site in the City of Wheat Ridge. Schematic Designs (15% level) have been prepared for these improvements
and accepted by the City of Wheat Ridge. These plans as well as our follow up reviews and discussions with the City form the basis of design for these pedestrian improvements which was used to guide this proposal.
The general scope of the project will include:
Project management and coordination with City of Wheat Ridge, affected agencies and teammembers.
Provide topographic surveying and mapping of the proposed improvement locations. Surveyingwill include utility locates and boundary.
Review of 15% design and recommendations for minor revisions based on current criteria andvalue engineering.
Subsurface Utility Engineering, quality level B and test holes for quality level A in conflict areas
in accordance with Colorado SB 18-167 and ASCE CI 38-02 and coordination with affectedutilities.
Geotechnical field investigation and report with recommendations for structure foundations andpaving.
Civil site design for bridge access plaza on the north and south side of the railroad crossing, dropoff location and greenway trail to the West I-70 Frontage Rd North, including plan and profile ofthe trail and roadway improvements.
Analysis of pre-development and post-development drainage.
Structural design of the pedestrian bridge crossing pre-manufactured structure.
Architectural, structural, mechanical/electrical and elevator design for the north and south access
ATTACHMENT 1
Ward Station Area Projects Task Order No. 5 – PEDESTRIAN BRIDGE, PLAZA AND GREENWAY DESIGN SERVICES Wheat Ridge, Colorado May 22, 2019 Page 2
Short Elliott Hendrickson Inc.
elevators, north and south access stairways and small retail center at the south access
Structural design of retaining walls along the greenway pedestrian trail.
Landscaping, hardscape design and irrigation design for the plazas and pedestrian greenway.
Design of a pedestrian crossing signal at the I-70 West Frontage Rd North.
Coordination with BNSF, RTD and DTP and the Colorado Public Utility Commission for required permits.
Completion of 30%, 60%, 90% and final construction plans with review and response matrix after each submittal.
Respond to contractor questions during bidding.
Review contractor material submittals.
Respond to requests for information during construction. SCOPE OF SERVICES 1. Project Management a. Records management, archiving, and communications. b. Contract management, subcontract management, project scheduling. c. Project kick-off meeting at the City, and two internal project staff coordination meetings. d. Monthly invoicing and status reporting to the City throughout the course of the project. e. Maintaining project schedule and budget.
Task 1 Deliverables – approved schedule, updates to schedule as necessary, monthly invoices with progress reports, monthly budget reports, monthly communications reporting, meeting minutes.
2. Pre-Design Services
A. Document Review
SEH will review the 15% design and supporting information to determine if any modifications would reduce costs or whether additional structure selection evaluation is warranted.
B. Programming and Illustrative Plans Our architects and landscape architects will meet with Wheat Ridge staff to develop the program for the retail facility and develop illustrative plans for structure aesthetics, plaza hardscape and
landscape to provide guidance for continued design.
C. Topographic and Existing Right-of-Way Mapping Survey Control SEH will establish horizontal and vertical control based on current City of Wheat Ridge survey control datum and coordinate system. Once we have established primary control on the City’s datum, project control points will be set along the project site to be used for the topographic
survey, utility survey, right-of-way and property mapping, and used for the project control diagram.
Topographic Surveying SEH will provide a topographic survey of the project site. The area that will be surveyed will include the area within the RTD site around the north bridge elevator, the plaza and elevator area
on the south side of the railroad right-of-way, West 49th place in the plaza area, 100 feet along a
Ward Station Area Projects Task Order No. 5 – PEDESTRIAN BRIDGE, PLAZA AND GREENWAY DESIGN SERVICES Wheat Ridge, Colorado May 22, 2019 Page 3
Short Elliott Hendrickson Inc.
proposed private access road east of the plaza and the greenway path corridor approximately 40 feet wide from W. 49th Place to the south side of the West I-70 Frontage Rd North, including the
proposed retaining wall area just north of the Frontage Rd. and connecting utilities west and east of the greenway corridor. Exhibit 1 attached shows proposed limits. Railroad right-of-way is not included.
The survey will include all site features including: edge of pavement, structures, curb lines, manholes, light and power poles (along with overhead lines), utility boxes, fencing, trees, concrete
and asphalt pads, striping, signs, walkways, walls, buildings, and other relevant topographic features. Manholes and inlets, rims and inverts, will be collected including upstream and downstream intersections/structures.
Underground utility locates will be performed by our Subsurface Utility Engineering Subcontractor Surveying and Mapping LLC. They will survey the marked utility locations. Once
test hole locations are determined and performed, SAM will survey the pothole locations and utility depths. Geotech borings will be surveyed by SEH. Mapping SEH will acquire any preliminary documents, plats, and surveys needed to establish the road right-of-way and ownership along the project site. SEH will use this research and these documents to locate the appropriate land corners and parcel corners in the field. The field information collected will be compared to the record information in order to come up with a final map of the site.
Ownership and property addresses will be shown on final base maps. SEH will provide a CAD drawing(s) in AutoCAD format. The drawing(s) will include the
topographic survey, including one foot contours, surface locates of underground utilities and right-of-way/parcel mapping.
D. Geotechnical Investigation SEH’s geotechnical engineer under our Wheat Ridge contract, Shannon & Wilson, will provide the following geotechnical field investigation and reporting services:
subsurface explorations and utility notification through the Utility Notification Center of
Colorado (UNCC),
laboratory and field testing,
geotechnical engineering analyses,
pavement design analyses,
preparation of a combined geotechnical investigation report / pavement design report,
They will conduct a subsurface exploration program consisting of ten (10) borings at the locations
of the proposed pedestrian bridge foundations, stairway landings, and along the proposed linear
park/greenway and associated retaining walls. The borings will be drilled to depths ranging from
10 to 60 feet, for a total drilling footage of 250 feet. In addition, Shannon & Wilson will
complete one day of hand auger borings on the greenway slope (as access to the proposed wall
location is not possible with conventional drilling equipment).
A geologist or geotechnical engineer from their staff will log the borings and collect samples for
Ward Station Area Projects Task Order No. 5 – PEDESTRIAN BRIDGE, PLAZA AND GREENWAY DESIGN SERVICES Wheat Ridge, Colorado May 22, 2019 Page 4
Short Elliott Hendrickson Inc.
classification and laboratory testing. Laboratory testing may include natural water content, grain
size distribution, fines content, Atterberg limits, corrosion, swell, R-value, and moisture-density
relationship (Standard Proctor).
Data generated during the subsurface exploration and laboratory testing programs will be
analyzed by a geotechnical engineer. A geotechnical / pavement design report will be prepared,
and the report will be signed and sealed by a professional engineer registered in the state of
Colorado.
E. SUE Services/Utility Coordination Plans and Clearances
Goodbee & Associates, Inc. will be working with their sub consultant, Surveying and Mapping LLC, to provide utility locates, mapping and utility verification. SAM will perform a utility investigation achieving QL-B where obtainable within the project limits and excavating up to 20
test holes at specific locations where potential conflicts exist. All work will be performed in accordance with Colorado Senate Bill 18-167 and the standard guidelines of ASCE CI 38-02. Office services will include review of existing utility maps (QL-C and D) and initial communication with utilities within the project area. Field services include core and drilling test holes and permanent pavement repair. Wheat Ridge will be consulted when field services are to be provided in the project timeline, weighing plan development and project schedule in an effort to minimize risk of re-work. Utility Plans will be prepared with utility contacts, pothole log and plans depicting utility line work differentiated as Quality Level D through A. The plans will be stamped by an experienced SUE Colorado Professional Engineer. Although Goodbee will be responsible for utility investigations and coordinating with the
Specialty Units for CDOT clearances, SEH has included modest time for coordination with Goodbee staff during the design development, and participation in wet/dry utility stakeholder meetings. One initial stakeholder meeting is anticipated for both wet and dry utility providers to
be held at the City. One round of 1 hour follow up meetings and correspondence with affected providers is anticipated.
Goodbee will prepare project specific utility specifications outlining contractor responsibilities, and work to be conducted by others. Task 2 Deliverables –
Memo with bridge and wall structure selection recommendations
Illustrative plans and sketch up views of selected bridge, wall and plaza aesthetics
Retail center program and space allocation with interior layout
Survey base map
Geotechnical report with recommendations
Initial utility mapping 3. Conceptual (30%) Design Phase Initial schedules from the City of Wheat Ridge indicate that design will proceed from 15% to 60%. SEH recommends a 30% design phase be included in order to confirm site specific criteria before design proceeds to the preliminary level. This will also provide information needed for SUE QL-A evaluation, BNSF (they require a 30% level design submittal) and RTD permitting and provide more
guidance for bridge and structure selection.
Ward Station Area Projects Task Order No. 5 – PEDESTRIAN BRIDGE, PLAZA AND GREENWAY DESIGN SERVICES Wheat Ridge, Colorado May 22, 2019 Page 5
Short Elliott Hendrickson Inc.
a. A conceptual design package, including, construction plans will be developed. City of Wheat Ridge and CDOT criterial will be used for design. Design will include site, structural,
architectural, mechanical/ electrical and landscape architecture plans. b. Conduct a conceptual level hydrologic and hydraulic analysis of the project area and existing stormwater facilities in compliance with the City of Wheat Ridge Drainage Criteria Manual and
UDFCD using basin information from the field topo mapping and City of Wheat Ridge provided regional mapping. c. Stake proposed greenway wall and trail locations and conduct a site visit with the City and
adjacent property owners. d. Evaluate railroad impacts and permit requirements. e. Prepare an Engineers Opinion of Probable Construction Cost.
f. Provide internal quality assurance and quality control reviews of all deliverables and revise as necessary. g. Submit documents to the City of Wheat Ridge for review and participate in a 30% design review
meeting. h. Prepare a comment response matrix and revise plans per review comments. i. Coordinate with BNSF and submit 30% plans for review. Task 3 Deliverables –
30% level construction plans (electronic pdf submittal)
o Cover sheet and legend
o Horizontal Control Plans
o Site layout plans for bridge, plaza and greenway
o Typical sections
o Removals plan
o Geotechnical boring location plan
o Roadway and trail plan and grading
o Plaza layout and grading
o Storm drain layout
o Utility layout
o Elevator, bridge retail and stairs plan and elevations
o Retail Floor plans
o Foundation layout
o Pedestrian signal layout
o Street and pedestrian light layout
o Retaining wall layout and elevations
o Landscape and urban design plans
o Utility conflict map
Drainage memo with calculations
Engineers opinion of probable construction cost
30% plan review response matrix
Railroad crossing permit submittal documents
4. Preliminary (60%) Design Phase a. SEH surveyors will field stake locations of retaining walls along the greenway trail
b. A preliminary design package, including construction plans and outline specifications will be developed. City of Wheat Ridge and CDOT criteria will be used for design. Design will include
Ward Station Area Projects Task Order No. 5 – PEDESTRIAN BRIDGE, PLAZA AND GREENWAY DESIGN SERVICES Wheat Ridge, Colorado May 22, 2019 Page 6
Short Elliott Hendrickson Inc.
site, structural, architectural, mechanical/ electrical, landscape/hardscape architecture and irrigation.
c. Based on conflicts determined from the concept design, field test holes (QL-A) will be completed and surveyed by SAM, LLC. d. Prepare a Preliminary Drainage Report in compliance with City of Wheat Ridge and UDCFCD
criteria e. Prepare PUC crossing application f. Prepare an Engineers Opinion of Probable Construction Cost
g. Provide internal quality assurance and quality control reviews of all deliverables and revise as necessary. h. Submit documents to the City of Wheat Ridge for review and participate in a 60% design review
meeting i. Prepare a comment response matrix and revise plans pre review comments. j. Coordinate with BNSF, PUC and RTD (DTP) on applications for RR crossings.
Task 4 Deliverables –
60% level construction plans (electronic pdf submittal)
o Cover sheet and legend
o Quantity summary table
o Horizontal Control Plans
o Dimensioned Site layout plans for bridge, plaza and greenway
o Typical sections
o Removals plan
o Geotechnical boring location plan
o Roadway and trail plan, profile and grading
o Plaza layout and grading
o Storm drain layout and profiles
o Site and drainage details
o Building service Utility layout
o Elevator, bridge retail and stairs plan and elevations
o Retail Floor plans
o Wall sections
o Foundation plans
o Structural details including building, bridge and retaining walls
o Architectural details
o Plumbing and HVAC plans and details
o Electrical plans and details
o Pedestrian signal layout and details
o Street and pedestrian light layout and details
o Retaining wall layout elevations and cross-sections
o Landscape and urban design plans and details
o Landscape and urban design details
o Irrigation plans and details
o Construction phasing and traffic control
o Updated Utility conflict map with test hole information
Preliminary Drainage Report
Updated engineers opinion of probable construction cost
Ward Station Area Projects Task Order No. 5 – PEDESTRIAN BRIDGE, PLAZA AND GREENWAY DESIGN SERVICES Wheat Ridge, Colorado May 22, 2019 Page 7
Short Elliott Hendrickson Inc.
60% plan review response matrix
Railroad crossing permit and PUC application submittal documents 5. Final (90%) Design Phase
a. A final design package, including construction plans and outline specifications will be developed. City of Wheat Ridge and CDOT criterial will be used for design. Design will include site, structural, architectural, mechanical/ electrical, landscape/hardscape architecture, irrigation and
lighting. b. Prepare a Final Drainage Report in compliance with City of Wheat Ridge and UDCFCD criteria. c. Attend PUC meeting d. Prepare an Engineers Opinion of Probable Construction Cost e. Provide internal quality assurance and quality control reviews of all deliverables and revise as necessary f. Submit documents to the City of Wheat Ridge for review and participate in a 90% design review meeting
g. Prepare a comment response matrix and revise plans per review comments. h. Coordinate with BNSF, PUC and RTD (DTP) on applications for RR crossings.
Task 5 Deliverables –
90% level construction plans (electronic pdf submittal)
o Cover sheet and legend
o Quantity summary table
o Horizontal Control Plans
o Dimensioned Site layout plans for bridge, plaza and greenway
o Typical sections
o Removals plan
o Geotechnical boring location plan
o Roadway and trail plan, profile and grading
o Plaza layout and grading
o Storm drain layout and profiles
o Site and drainage details
o Building service Utility layout and details
o Elevator, bridge retail and stairs plan and elevations
o Retail Floor plans
o Wall sections
o Foundation plans
o Structural details including building, bridge and retaining walls
o Architectural details
o Plumbing and HVAC and details
o Electrical plans and details
o Pedestrian signal layout and details
o Street and pedestrian light layout and details
o Retaining wall layout elevations and cross sections
o Landscape and urban design plans and details
o Irrigation plans and details
o Construction phasing and traffic control
o Stamped Utility conflict map with quality levels identified
Ward Station Area Projects Task Order No. 5 – PEDESTRIAN BRIDGE, PLAZA AND GREENWAY DESIGN SERVICES Wheat Ridge, Colorado May 22, 2019 Page 8
Short Elliott Hendrickson Inc.
Final Drainage Report
Utility clearance letters
Updated engineers opinion of probable construction cost
90% plan review response matrix 6. Construction Documents After review by the City of Wheat Ridge, SEH will submit stamped final construction documents for bidding. 7. Bid Services a. SEH will assist the City in developing project Invitation-For-Bid (IFB) advertisement documents. b. SEH will be available to clarify intersection design questions as appropriate during the bidding. SEH will also attend the pre-bid conference.
8. Construction Services a. SEH will attend the pre-construction conference.
b. SEH will assist the City in reviewing contractor material submittals. SEH anticipates material submittals will be in a package of similar materials (i.e. Civil materials (pavement, pipe aggregate), pre-manufactured bridge structure, architectural submittals, elevator,
mechanical/electrical, retaining wall materials, landscape and urban design submittals etc.) c. SEH will be available to clarify up to 10 contractor RFI’s as appropriate during construction. ASSUMPTIONS AND EXCLUSIONS
1. Project funding is anticipated be from Wheat Ridge. No Federal funding, or related reporting are anticipated. 2. Boundary survey, legal descriptions and preparation of easements or right-of-way documents if
required to be provided by others. 3. Geotechnical borings will be staked using site features and a hand-held GPS device; surveying of
boring locations is not included.
4. Borings for the greenway/retaining walls will be drilled above the existing slope on the adjacent lots
to the west.
5. Hand auger explorations to a depth of five feet each will be completed on the slope near the boring
locations to confirm materials encountered in the greenway/retaining wall borings.
6. Selected boring locations will be accessible using a truck-mounted drill rig.
7. Any ROW permit fees for geotechnical drilling and SUE test holes will be waived.
8. Overhead and underground utilities are present throughout the project area. These factors may limit
the potential area where the borings can be completed, and final boring locations may vary because of
these factors.
9. Assume that contaminated soil/rock will not be encountered during the proposed drilling explorations.
10. Borings in pavement will be backfilled with flow fill and patched with hot patch asphalt. Remaining
cuttings will be containerized and removed from the site.
11. Borings on unpaved ground will be backfilled with cuttings. Remaining cuttings will be spread
Ward Station Area Projects Task Order No. 5 – PEDESTRIAN BRIDGE, PLAZA AND GREENWAY DESIGN SERVICES Wheat Ridge, Colorado May 22, 2019 Page 9
Short Elliott Hendrickson Inc.
around the site.
12. Water quality and detention is assumed to be provided at downstream existing facilities.
13. Utility relocation design and plans, if needed, are assumed to be by the respective Utility providers. 14. Public Involvement/Information services, and associated meeting participation is not included. 15. No traffic study is proposed.
16. Assume Permit and application fees to be paid by City. 17. Assume PUC application will not be contested. 18. Construction observations services assumed to be provided by others.
Note: If a scope item is not explicitly included, it is explicitly excluded.
SCHEDULE
SEH has provided the attached preliminary MS Project schedule. We anticipate the following milestones:
Completion of 30% design October 3, 2019
Completion of 60% design December 10, 2019
Completion of 90% design January 27, 2020
Completion of Construction documents February 10, 2020
A two week review period is anticipated for each submittal.
FEE ESTIMATE
The attached spreadsheet details our proposed Cost plus Fixed Fee for the scope and schedule provided. The fee estimate utilizes SEH’s 2019 “Cost Rates”, and a Fixed Fee of 10% on labor. Unit rates for new subconsultants will be provided with invoicing. The total, Not-to-Exceed fee for this task is $555,877.41
Feel free to call with any questions.
Sincerely,
Short Elliott Hendrickson Inc.
Scott Jardine, PE, LEED AP Rick Coldsnow, PE Project Manager Principal
Attachments:
1. SEH Preliminary Schedule – Ward Station Area Projects, T.O. 5
2. SEH Proposed Fee Estimate
Exhibit 1 Bridge and Plaza Survey Limits
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11
2
4
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2
20
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Ro
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Re
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Up
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12
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St
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21
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21
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Ut
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14
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Pe
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Up
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Ir
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St
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Sit
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Ro
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Co
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O
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Ext
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In
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2
10
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28
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7
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$2,756.94
St
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10
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Me
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6
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$2,371.96
SE
H
Qu
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As
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22
2
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Pre
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90
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Pre
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90
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Co
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11
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27
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$2,960.83
Re
v
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Me
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h
Wh
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Su
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22
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3
3
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Fin
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Fin
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Fin
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Fin
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Pre
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Fin
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P
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Pre
p
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Bid
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Pre
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Pre
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5/22/2019
ITEM NO: DATE: June 24, 2019
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD A CONTRACT AND APPROVE
SUBSEQUENT PAYMENTS TO HDR, INC., DENVER, CO, IN
AN AMOUNT NOT TO EXCEED $118,647 FOR PROFESSIONAL SERVICES FOR PROPERTY/EASEMENT ACQUISITION SERVICES FOR PEDESTRIAN BRIDGE, PLAZA AREAS, AND LINEAR PARK
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________
Director of Public Works City Manager
ISSUE: The Wheat Ridge · Ward Station planning area is one of four projects in the City’s Investing 4 the Future bond program which is benefitting from $12 million from the voter-approved,
temporary ½-cent sales and use tax rate increase. A pedestrian bridge, plaza areas, and linear park are necessary to provide a direct connection from the station to the properties to the south of the tracks. These facilities require that property and/or easements be acquired. HDR, Inc. has been contracted to perform property acquisition services for the station area. An additional task
order needs to be approved to acquire property and/or easements for the improvements.
PRIOR ACTION: For several years, the City has lead extensive visioning and planning efforts focused on the Wheat Ridge · Ward Station planning area. Numerous Council updates and actions have occurred at various stages in these processes. Council was most recently updated on April 1,
2019 on the status of the Wheat Ridge · Ward Station planning area and on private developments
in the area. On April 1, 2019, Council directed staff to continue to work on the potential project list that was presented and to enter into negotiations with SEH to complete a scope of work for preliminary designs for the pedestrian bridge and linear park.
1e
Council Action Form – Pedestrian Property Acquisition Contract
June 24, 2019
Page 2 FINANCIAL IMPACT: Professional service fees in the amount of $118,647 are available in the Wheat Ridge · Ward
Road Station 2E Bond Fund for right-of-way acquisition services. Staff is currently exploring other funding opportunities to help fund the construction of the pedestrian bridge, plaza areas, and linear park.
BACKGROUND: AECOM completed conceptual (15%) designs for the bridge, south plaza, and linear park, which
were reviewed with Council at the April 1 Study Session. Council direct staff to proceed with the design and property acquisition for the pedestrian bridge, south plaza, and linear park. The north plaza is on RTD property and was accommodated in the design of the station.
For the pedestrian bridge, HDR will assist in the negotiations with the agreements with both
RTD, who owns the railroad ROW, and BNSF, who leases the space for their tracks. Similarly,
HDR will assist in obtaining an easement from RTD for the north plaza which will be located on RTD property at the station.
For the south plaza, HDR will assist in the property acquisition, which will include vacation of a portion of the ROW for the existing cul-de-sac. The cul-de-sac will be moved to the west to
better accommodate dropping off G-Line passengers that can then use the pedestrian bridge to
access the station.
For the linear park, HDR will assist in obtaining easements for the pedestrian facilities and plantings that are proposed on the slope. The City would then be responsible for the maintenance of the slope.
Task Order #2 authorizes HDR to prepare the necessary documents and coordinate with RTD,
BNSF, and the private property owners to obtain the necessary property and/or easements to construct the project.
RECOMMENDATIONS: Staff recommends authorizing Task Order #2 to HDR to obtain the necessary property and/or
easements to construct the pedestrian bridge, plaza areas, and linear park.
RECOMMENDED MOTION: “I move to award a contract and approve subsequent payments to HDR, Inc., Denver, CO, in an amount not to exceed $118,647 for property acquisition services for pedestrian bridge, plaza
areas, and linear park.”
Or, “I move to deny the award of a contract and subsequent payments to HDR, Inc., Denver, CO, in
an amount not to exceed $118,647 for property acquisition services for pedestrian bridge, plaza
areas, and linear park for the following reason(s) _________________________________.”
Council Action Form – Pedestrian Property Acquisition Contract
June 24, 2019
Page 3 REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Manager
Steve Nguyen, Engineering Division Manager Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager
ATTACHMENTS:
1. HDR – ROW Pedestrian Bridge Task Order
hdrinc.com
May 24, 2019
City of Wheat Ridge – Public Works
Attn: Mark A. Westberg, PE, CFM
7500 West 29th Avenue
What Ridge, CO 80033
RE: Scope of Work and Fee for Right-of-Way Services for Ward Station Project for
Multi-Use Trail and Plaza
Dear Mark,
We are pleased to submit our scope and fee estimate for Right-of-Way Services for the Ward
Station Project constructing a multi-use trail, plaza and pedestrian overpass over the railroad
tracks. The attached scope outlines our project approach along with proposed deliverables
that we plan to complete. The proposed fee based on the identified scope of work is
$118,647.00.
Please let me know if you have any questions.
Sincerely,
R. Bradley Martin
Senior Vice President
Attachments:
Scope of Work and Fee Proposal
ATTACHMENT 1
SCOPE OF WORK WARD STATION PROJECT #2
May 24, 2019 RIGHT OF WAY FOR PLAZA & ELEVATED MULTI-USE TRAIL
1
SECTION 1: PROJECT SPECIFIC INFORMATION
PROJECT BACKGROUND
The Wheat Ridge ▪ Ward Station (Ward Station) is the end of the line station for the RTD G Line
commuter rail. The G Line runs 11.2 miles from the Ward Station through Arvada, Adams County and
Denver to downtown Union Station. The G line offers the City a redevelopment opportunity in the Ward
Station area.
A tremendous amount of planning has been focused on the area of the station in the last 15 years. The
Wheat Ridge ▪ Ward Station Vision, issued in 2016, positions Ward Station as the premier location in the
metro area for outdoor recreation focused companies and employers by introducing outdoor recreation
focused co-working spaces within the station area. The outdoor recreation focus of the station area will
be supplemented by on-site recreational amenities that will complement development. The approval of
the 2E Investing 4 the Future bond program provides important funding for several infrastructure projects
in the Ward Station area. As a result of a competitive request for qualifications (RFQ) process, HDR was
awarded the opportunity to provide right-of-way (ROW) services for Ward Station area projects.
This next project in these infrastructure projects requiring ROW is a linear park for the properties near
Ward Station to get access to Ward Station through an elevated Multi-Use Path, that runs from the West
I-70 North Frontage Road to a plaza at the current West 49th Place cul-de-sac, then crosses the
Burlington Northern and Santa Fe Railway (BNSF) and Regional Transportation District (RTD) rail lines
on an elevated pedestrian bridge, to Ward Station (Project). The City has retained SEH Engineering
(SEH) to design this Project. The ROW acquisition initially envisioned for this project is ROW acquisitions
from thirteen (13) owners, consisting of fee simple, permanent easements and temporary easement
parcels. The anticipated acquisitions are as follows:
Acquisition Parcels for Multi-Use Path
Owner Name Property Address AIN/Parcel ID Right of
Way (Fee
Simple)
Permanent
Easement
Temporary
Easement
Comments
LF ENTERPRISES LLC 4800 Van Gordon
Street
39-174-08-004 X X
TABOR STREET REALTY
VENTURE LLC
11941 W. I-70
Frontage Road
39-174-08-021 X X
YOUNG JA KAHNG LIVING
TRUST
11937 W. I-70
Frontage Road
39-174-08-020 X X
COTTON FOX LLC 11931 W. I-70
Frontage Road
39-174-08-017 X X
LAKEMONT LANDING
CONDOMINIUM ASSN INC
11919 W. I-70
Frontage Road
39-174-08-028 X X
LAKEMONT III CONDO
ASSN INC
11919 W. I-70
Frontage Road
39-174-08-057 X X
SCOPE OF WORK WARD STATION PROJECT #2
May 24, 2019 RIGHT OF WAY FOR PLAZA & ELEVATED MULTI-USE TRAIL
2
Owner Name
Property Address AIN/Parcel ID Right of
Way (Fee
Simple)
Permanent
Easement
Temporary
Easement
Comments
GENE C & SUSAN G
PIETRO REVOCABLE
TRUST
4836 Van Gordon
Street
39-174-08-003 X TE needed for
construction of
gabion wall at
property line.
VANGORDON
PROPERTIES LLC
4840 Van Gordon
Street
39-174-08-027 X TE needed for
construction of
gabion wall at
property line.
VANGORDON
PROPERTIES LLC
4880 Van Gordon
Street
39-174-08-026 X TE needed for
construction of
gabion wall at
property line.
WESTERN ROOFING INC
4896 Van Gordon
Street
39-174-08-024 X TE needed for
construction of
gabion wall at
property line.
C & D INVESTMENTS 5075 Tabor Street 39-174-08-076 X X Trade of existing
ROW for portion of
parcel to be
acquired
anticipated.
BURLINGTON NORTHERN
& SANTA FE RAILWAY
N/A 39-174-000-001 X The allocation of
ownership of the
railroad ROW
between BNSF &
RTD is currently
unknown. It is
anticipated that an
easement will be
needed from each
entity.
REGIONAL
TRANSPORTATION
DISTRICT
N/A 39-174-000-001 X The allocation of
ownership of the
railroad ROW
between BNSF &
RTD is currently
unknown. It is
anticipated that an
easement will be
needed from each
entity.
HDR will be responsible for the preparation of legal descriptions, valuations, and acquisition negotiations
for the parcels needed from these ownerships. This scope of work defines the tasks needed for these
services.
HDR’s ROW team will provide the work described in this document.
SCOPE OF WORK WARD STATION PROJECT #2
May 24, 2019 RIGHT OF WAY FOR PLAZA & ELEVATED MULTI-USE TRAIL
3
PROJECT GOALS
The goals of the ROW acquisition for the Project are to timely acquire the ROW needed for the Project to
support the preconstruction schedule while providing considerate treatment to affected property owners.
PROJECT LIMITS
Beginning at Ward Station, across the BNSF and RTD right-of-way to and area near the current cul-de-
sac at the end of West 49th Place and heading south to the West I-70 Frontage Road North.
WORK DURATION
The primary time period for the work is estimated to begin in June 2019. The project schedule and work
duration will be determined by the City and HDR, after HDR is under contract for the Project.
ROW TEAM RESPONSIBILITIES AND DUTIES
Preparation of legal descriptions for ROW Parcels.
Valuation of ROW Parcels.
Acquisition Negotiation for ROW Parcels.
Support for Condemnation, if Needed
WORK PRODUCT
ROW Schedule
ROW Budget
ROW Project Coordination
Meeting Minutes
Legal Descriptions
Waiver Valuations and Appraisal
Acquisition Files, including Offer Packets, Agreements, Conveyance Deeds,
Easement Agreements, Negotiation Logs
Condemnation Request Packages (If needed)
Requirements are further described in the sections that follow.
TABLE OF CONTENTS
This scope of work will consist of the following seven tasks:
1. ROW Project Management, Meetings and Coordination.
2. Title Services - Obtain title commitments and vesting deeds from a subconsultant title
company.
3. Legal Descriptions - Subconsultant professional land surveying company (PLS) to
prepare legal descriptions for the ROW parcels.
4. Valuation - Waiver valuations and one appraisal will be prepared for ROW parcels.
SCOPE OF WORK WARD STATION PROJECT #2
May 24, 2019 RIGHT OF WAY FOR PLAZA & ELEVATED MULTI-USE TRAIL
4
5. Acquisition Negotiation for Non-Rail Landowners - negotiations with these landowners to
acquire the ROW parcels.
6. Closings for Non-Rail Landowners - a subconsultant title company will conduct closings
for permanent acquisitions with consensual agreements. HDR will conduct closings for
temporary easement only parcels.
7. Acquisition Negotiation for Easement(s), Other Real Estate Agreements, and
Coordination with Construction and Maintenance Agreements with BNSF and RTD.
Condemnation Support is not a specific task, however if a condemnation is needed, HDR can
provide support for the condemnation, but additional fee for such support will need to be
negotiated.
TASK 1: ROW PROJECT MANAGEMENT, MEETINGS AND COORDINATION
Task 1.1 Project Records Set Up
Set up parcel files and tracking sheets.
Task 1.2 Subconsultant Management
This task covers the negotiation and management of contracts with Precision Surveying & Mapping, Inc.
(Precision) for survey and preparation of legal descriptions, with the appraisal subconsultant for the
appraisals needed for the Project, and with the subconsultant title company for title and closing.
Task 1.3 Invoicing
Prepare, review and provide to City monthly invoices. This task includes reviewing, processing and
paying subconsultants on their subconsultant contracts.
Deliverables:
16 monthly invoices
Task 1.4 ROW Kickoff Meeting
The ROW Team will conduct a ROW kickoff meeting with the City. The meeting will include coordination
with SEH and the City on the engineering design of the Project, public involvement of affected
landowners during the Project’s development, the ROW survey and its integration with the engineering
design survey, and the ROW process for the Project. An initial ROW Project schedule and budget will be
prepared following the meeting. ROW forms to be used will be identified at these meetings. City
approvals and approvers for the ROW process will be identified at these meetings.
Following the kickoff meeting, HDR will compile and send out minutes from the meeting.
Deliverables:
One meeting agenda
Preparation of minutes from meeting
Task 1.5 Incentive Program
HDR will conduct a meeting with the City to discuss the parameters for an acquisition incentive program
for the Project. After decisions are made on the proposed incentive program, HDR will prepare and
SCOPE OF WORK WARD STATION PROJECT #2
May 24, 2019 RIGHT OF WAY FOR PLAZA & ELEVATED MULTI-USE TRAIL
5
submit to the City a written request for approval of the incentive program that will define the parameters of
the incentive program.
Following the meeting, HDR will compile and send out minutes of the meetings.
Deliverables:
One meeting agenda
Preparation of minutes from the meeting
Task 1.6 External Project Coordination Meetings
HDR and the City will meet as required (typically two meetings per month) to monitor progress on the
ROW process, discuss issues and obtain required City decisions. Discussion items may include,
modifications to the schedule and budget, progress on ROW phases (legal descriptions, valuation,
acquisition negotiation and condemnation), review of acquisition tracking sheets, responses to
counteroffers, strategies for challenging negotiations and other issues, and problem solving.
Following the coordination meetings, HDR will compile and send out minutes of the meeting.
Deliverables:
18 meeting agendas
Preparation of minutes from 18 meetings
One ROW project schedule, updated, as needed
One ROW project budget, updated as needed
Acquisition tracking sheets
Task 1.7 Internal Coordination
This task is for HDR’s tasks associated with managing the project. This task includes the ROW Team’s
internal coordination, internal ROW Team meetings, updating acquisition tracking sheets, updating the
ROW Project schedule and budget, as needed.
TASK 2: TITLE COMMITMENTS
Task 2.1 Coordinate and Review Title Documents
Order and coordinate delivery of title commitments for permanent easement and fee simple (right of way)
parcels. Review title commitments for financial liens and other encumbrances relevant to the
acquisitions. Order and coordinate delivery of ownership and encumbrance reports and vesting deeds
(last conveyance deed in chain of title).
Title Subconsultant Deliverable No. 1:
Nine (9) title commitments from subconsultant title company.
Four (4) vesting deeds.
Estimated fee for title work is $13,625, consisting of $1,500/commitments X 9 commitments, plus
$25/vesting deed X 4 vesting deeds.
Assumptions:
- Nine (9) title commitments and four (4) vesting deeds will be needed for the parcels. This number
may change as the design advances and ROW impacts are better defined. If more than nine (9)
SCOPE OF WORK WARD STATION PROJECT #2
May 24, 2019 RIGHT OF WAY FOR PLAZA & ELEVATED MULTI-USE TRAIL
6
title commitments and four (4) vesting deeds are needed, additional fee may need to be
negotiated.
TASK 3: LEGAL DESCRIPTIONS
Task 3.1 Coordination for Survey and Design for ROW Parcels
Coordinate with Precision, SEH and the City on the survey Precision will need to support preparation of
legal descriptions for ROW parcels. Additional coordination to make design decisions relevant to ROW
parcel configuration and to determine size, shape, location and type of parcels to be acquired.
Subconsultant PLS (Precision) Deliverable No. 1 – Survey
A survey, including project control and topography (if needed) to support preparation of legal
descriptions for ROW parcels.
Right of entries for such survey.
Assumptions:
- SEH will complete a survey of the existing condition to support design of the Project. SEH will
obtain the right of entries needed for this survey. Such right of entries will allow for use by
Precision, as needed. Precision will review and consider such survey, but Precision will need to
independently verify some information and obtain additional survey to support preparation of legal
descriptions. Precision and SEH’s surveys will be on the same control and datums. The two
surveys from the two consultant firms will complement each other.
Task 3.2 Legal Descriptions
Coordinate with Precision, SEH and the City on preparation of exhibits and legal descriptions for ROW
parcels.
Subconsultant PLS (Precision) Deliverable No. 2 – Legal Descriptions
Exhibits and legal descriptions for ROW parcels prepared in compliance with City standards.
Assumptions:
- This task assumes preparation of exhibits and legal descriptions for: one (1) fee simple (right-of-
way), nine (9) permanent easements, thirteen (13) temporary easements and one (1) fee simple
City-owned excess right of way parcel (available for trade). If more than these are needed,
additional fee may need to be negotiated.
TASK 4: PARCEL VALUATIONS
Task 4.1 Waiver Valuations
Review market sales data to determine land values to be used in waiver valuations. Prepare waiver
valuations in compliance with City requirements. Submit Waiver Valuations to the City for review and
approval. Waiver valuations will be the basis for the offers made to the landowners.
Deliverables:
Twelve (12) waiver valuations.
SCOPE OF WORK WARD STATION PROJECT #2
May 24, 2019 RIGHT OF WAY FOR PLAZA & ELEVATED MULTI-USE TRAIL
7
Assumptions:
- Twelve (12) waiver valuations will be needed. This number may change as the design advances
and ROW impacts are better defined. If more than twelve (12) waiver valuations are needed,
additional fee will need to be negotiated.
- If an acquisition is required to be resolved through condemnation, an appraisal of the ROW
parcel(s) may be needed to provide valuation evidence in hearings or trials. If an appraisal(s) of
the ROW parcel(s) is needed, additional fee for such appraisal(s) will need to be negotiated.
Task 4.2 Appraisal
Coordinate with consultant appraiser to deliver appraisal of: (i) just compensation for acquisition parcels
needed from C & D Investments, and (ii) value of City-owned parcels eligible to trade to C & D
Investments for the acquisition parcels needed. Upon receipt of draft appraisals, HDR will deliver such
drafts to the City, and concurrently conduct a content review of the draft appraisals. HDR will gather input
from the City on the draft and submit its comments, with the City’s, to the appraiser and work with the
appraiser to deliver a final appraisal that addresses such Comments.
Subconsultant (appraisal company) Deliverable:
One eminent domain appraisal of the acquisition parcels needed from C & D Investments, and
one appraisal of the City-owned parcels eligible to trade to C & D Investments for the acquisition
parcels needed.
Assumptions:
- This task assumes one (1) eminent domain appraisal of the acquisition parcels needed from C &
D Investments, and one (1) appraisal of the City-owned parcels eligible to trade to C & D
Investments for the acquisition parcels needed. If additional appraisals are needed, additional
fee for such appraisal(s) will need to be negotiated.
Task 4.3 Landowner Appraisal Review
Section 38-1-121, C.R.S. requires, for acquisitions with estimated values greater than $5K, that
landowners to be advised of their right to get an appraisal and have the governmental entity reimburse
them for the reasonable value of the appraisal if certain conditions are met. If landowners notified of this
right take advantage of it and submit appraisals to the City, an appraisal content review of the appraisal
will be reviewed by HDR’s appraiser to determine if the Section 38-1-121, C.R.S. criteria for payment
reimbursement is satisfied. After the content review of landowner(s) appraisals, the HDR review
appraiser will make recommendations to the City, as to whether the landowner appraiser’s fee should be
paid and if modifications to the amount offered should be made.
Deliverables:
Review reports for appraisals submitted.
Assumptions:
- Section 38-1-121, C.R.S. requires landowners to be advised of their right to get an appraisal and
have the governmental entity pay for it if certain conditions are met, for acquisitions with
estimated values greater than $5K. Landowners may or may not take advantage of this right.
This task assumes that 4 of the 13 landowners advised of this right will take advantage of it.
- The cost of landowner appraisals is not included in this HDR SOW and fee estimate and
will be paid separately by the City.
SCOPE OF WORK WARD STATION PROJECT #2
May 24, 2019 RIGHT OF WAY FOR PLAZA & ELEVATED MULTI-USE TRAIL
8
TASK 5: ACQUISTION NEGOTIATION FOR NON-RAIL LANDOWNERS
Task 5.1 Preparation and Delivery of Acquisition Documents
Prepare and send notice of intent to acquires, offer letters, summaries of just compensation, final offer
letters and additional correspondence as agreed to by the City and HDR.
Deliverables:
Notice of intent to acquires.
Offer packets.
Additional correspondence and documents, as needed.
Final offers, if required.
Assumptions:
- Acquisition negotiations from eleven (11) landowners (acquisitions from BNSF RR and RTD are
not included in this task) will be needed. This number may change as the design advances and
ROW impacts are better defined. If acquisitions from more than eleven (11) landowners are
needed, additional fee will need to be negotiated.
Task 5.2 Conduct Acquisition Negotiations
Negotiate consensual agreements for the acquisition of property rights based on waiver valuations and
appraisals, as applicable.
Deliverables:
Signed settlement agreements.
Justification for administrative settlements and other City required settlement forms.
Negotiation logs.
Assumptions:
- Negotiations will be limited to three in person meetings. Negotiations result in consensual
agreements. If an agreement cannot be reached on a negotiation, the matter will be discussed
with the City. If the City determines that it will resolve the acquisition through condemnation,
HDR will prepare and submit a condemnation packet to the City (the fee for preparation of
condemnation packets is in Section 6.1). This SOW and fee estimate do not include tasks and
fees for participation in condemnation proceedings. If the City authorizes condemnation on an
acquisition and additional ROW services are needed from HDR to support the condemnation,
additional SOW and fee for such services will be negotiated.
Task 5.3 File Maintenance, QA/QC Review and Submittal
One hard copy file will be maintained by HDR for each acquisition. At a minimum, the file will contain: the
notice of intent to acquire, appraisal or value finding; offer letter; closing documents; typed and signed
negotiation logs of contacts with owners; and the related correspondence regarding the parcel
acquisition. Upon completion of each acquisition, files will be finalized, QC’d and delivered to the City.
Deliverables:
Final files – hard copy and digital
Assumptions:
- Eleven (11) final files will be needed.
SCOPE OF WORK WARD STATION PROJECT #2
May 24, 2019 RIGHT OF WAY FOR PLAZA & ELEVATED MULTI-USE TRAIL
9
TASK 6: CLOSINGS FOR NON-RAIL LANDOWNERS
Task 6.1 Coordinate Closings with Title Company or Prepare Condemnation Package for
Attorneys
For acquisitions including permanent easement and fee simple (right-of-way) parcels resolved through
consensual agreements, coordinate closings with subconsultant title company, including release or
subordination of financial liens. For acquisitions of temporary easement only parcels resolved thorough
consensual agreements, HDR’s real estate specialists will close the acquisitions. If an agreement cannot
be reached on an acquisition negotiation, the matter will be discussed with the City. If the City
determines that it will resolve the acquisition through condemnation, submission of a condemnation
packet will be a substitute for the closing coordination.
Deliverables:
Closing packets and final signed and recorded agreements from closings. Seven (7) title
company closings and four (4) HDR closings are anticipated.
Title insurance policies.
Substitution of a condemnation packet for negotiations that cannot be resolved by a consensual
agreement, which the City authorizes condemnation.
Title Subconsultant Deliverable No. 2:
Seven (7) closings.
Seven (7) title Insurance Policies
Assumptions:
- Closings that include acquisition of permanent easement and fee simple (right-of-way) parcels
from seven (7) landowners through the subconsultant title company will be needed. Closings of
temporary easement only parcels through HDR will be needed. This number may change as the
design advances and ROW impacts are better defined. If more than these indicated are needed,
additional fee will need to be negotiated.
- For closings conducted by the Subconsultant Title Company, the City will pay all
Subconsultant Title Company’s closing fees, including recording fees, costs associated
with lien releases, if any, and the cost of title insurance policies.
TASK 7: ACQUISITION NEGOTIATION FOR EASEMENT(S), OTHER REAL
ESTATE AGREEMENTS, AND COORDINATION WITH CONSTRUCTION AND
MAINTENANCE AGREEMENTS WITH BNSF AND RTD
Task 7.1 Preparation and Delivery of Acquisition Documents
Prepare and send to BNSF and RTD notice of intent to acquires, offer letters, summaries of just
compensation, final offer letters and additional correspondence as agreed to by the City and HDR.
Deliverables:
Notice of intent to acquires.
Offer packets.
Additional correspondence and documents, as needed.
Final offers, if required.
SCOPE OF WORK WARD STATION PROJECT #2
May 24, 2019 RIGHT OF WAY FOR PLAZA & ELEVATED MULTI-USE TRAIL
10
Assumptions:
- Acquisition negotiations from BNSF and RTD will be needed. If acquisitions from more than
BNSF and RTD are needed, additional fee will need to be negotiated.
- BNSF’s interest in the railroad property that the pedestrian bridge will cross over is a reservation
out of a quit claim deed that reserves the right of BNSF to, amongst other things, freight rail
purposes. As a result, it is anticipated that some kind of permission instrument for the pedestrian
bridge will need to be negotiated, possibly acquired, from BNSF.
Task 7.2 Conduct Acquisition Negotiations and Coordinate with Engineering Design and Separate
Negotiation of Construction and Maintenance Agreement
Negotiate consensual agreements for the acquisition of the easements, or other real estate agreements
needed from BNSF and RTD based on waiver valuations. Historically, BNSF and RTD need to know and
understand the design of improvements to be constructed in the easement and the impacts on their rail
facilities before they will enter into meaningful negotiations on the easement agreements. Also, BNSF,
and possibly RTD, require separate construction and maintenance agreements (C&M) that define the
rights and responsibilities of the City and the rail entities during construction of the improvements. The
easement agreements and C&M agreements are separate, but related agreements. SEH is responsible
for the engineering design and for negotiation of the C&M agreements. HDR will need to coordinate with
SEH, BNSF, RTD and the City on these joint efforts for negotiation of the easements. Closings for these
easements will likely not be handled through the subconsultant title company.
Deliverables:
Signed easement agreements, or other real estate agreements.
Justification for administrative settlements and other City required settlement forms.
Negotiation logs.
Assumptions:
- Negotiations with BNSF and RTD can be complex, time consuming and sometimes frustrating, if
the entities are not responsive. For this reason, negotiations of the easements needed from
BNSF and RTD have been broken out as a separate task.
Task 7.3 File Maintenance, QA/QC Review and Submittal
One hard copy file will be maintained by HDR for each acquisition. At a minimum, the file will contain: the
notice of intent to acquire, appraisal or value finding; offer letter; closing documents; typed and signed
negotiation logs of contacts with owners; and the related correspondence regarding the parcel
acquisition. Upon completion of each acquisition, files will be finalized, QC’d and delivered to the City.
Deliverables:
Final files – hard copy and digital
Assumptions:
- Two (2) final files will be needed.
CONDEMNATIONS
Support for Condemnation Actions
If condemnations are filed, HDR may be requested to provide services to support the condemnation,
including testimony at depositions and hearings, participation in litigation preparation and strategy
SCOPE OF WORK WARD STATION PROJECT #2
May 24, 2019 RIGHT OF WAY FOR PLAZA & ELEVATED MULTI-USE TRAIL
11
meetings, participation in mediations or other alternative dispute resolution efforts, and preparation of
exhibits and trial exhibits. No fee proposal is included for this task because it is difficult to predict how
many, if any, condemnations will be filed. If condemnations are filed and HDR is requested to provide
support services for such condemnations, a separate fee will need to be negotiated for such services.
Assumptions:
- Aside from the possible fees for HDR condemnation support services described herein, the City
will be responsible for all other costs of condemnations, including court filing fees, attorney’s fees
and court costs.
ROW PROJECT SCHEDULE
The HDR team will work with Wheat Ridge to develop a schedule for the tasks described herein. HDR
will monitor progress on the schedule and work with Wheat Ridge to update it, if needed.
CITY OF WHEAT RIDGE/ROW FOR PLAZA AND ELEVATED MULTI-USE TRAIL Fee Estimate
5/24/2019
HDR Labor
Staff Name Jamieson Lee Vallard Pietri Lopez Fisher Diekmann Bryan
Billing Category Sr. Project
Manager I
Sr. Project
Professional II ROW Agent II ROW Agent I Planner Jr.Project Controller
II Project Coordinator Administrative
Billing Rate $212.00 $190.00 $130.00 $92.00 $84.00 $104.00 $78.00 $67.00
1 ROW PROJECT MANAGEMENT,
MEETINGS AND COORDINATION 17 47 25 2 24 38 4 6 163 $22,650.00
1.1 Project Records Set Up 4 4 4 12 $1,064.00
1.2 Subconsultant Management 4 4 2 2 6 18 $2,058.00
1.3 Invoicing 4 8 2 32 46 $5,956.00
1.4 ROW Kickoff Meeting 3 3 3 9 $1,596.00
1.5 Incentive Program 2 2 4 8 $1,324.00
1.6 External Project Coordination
Meetings 4 20 8 10 42 $6,528.00
1.7 Internal Coordination 4 10 4 2 8 28 $4,124.00
2 TITLE COMMITMENTS 0 2 0 0 6 0 0 0 8 $884.00
2.1 Coordinate and Review Title
Documents 2 6 8 $884.00
3 LEGAL DESCRIPTIONS 4 22 0 0 0 0 0 0 26 $5,028.00
3.1 Coordination for Survey and Design
for ROW Parcels 2 10 12 $2,324.00
3.2 Legal Descriptions 2 12 14 $2,704.00
4 PARCEL VALUATIONS 2 6 48 4 24 0 0 0 84 $10,188.00
4.1 Waiver Valuations 2 2 16 4 24 48 $5,268.00
4.2 Appraisal 2 20 22 $2,980.00
4.3 Landowner Appraisal Review 2 12 14 $1,940.00
5 ACQUISTION NEGOTIATION FOR
NON-RAIL LANDOWNERS 6 20 4 14 253 0 0 0 297 $28,132.00
5.1 Preparation and Delivery of
Acquisition Documents 2 8 8 55 73 $7,300.00
5.2 Conduct Acquisition Negotiations 4 12 4 176 196 $18,432.00
5.3 File Maintenance, QA/QC Review
and Submittal 6 22 28 $2,400.00
6 CLOSINGS FOR NON-RAIL
LANDOWNERS 0 2 0 4 22 0 0 0 28 $2,596.00
6.1
Coordinate Closings with Title
Company or Prepare Condemnation
Package for Attorneys
2 4 22
28 $2,596.00
Subtotal
Hours
by Task
Subtotal Fee
by Task
Page 1 of 2
CITY OF WHEAT RIDGE/ROW FOR PLAZA AND ELEVATED MULTI-USE TRAIL Fee Estimate
5/24/2019
HDR Labor
Staff Name Jamieson Lee Vallard Pietri Lopez Fisher Diekmann Bryan Subtotal
Hours
by Task
Subtotal Fee
by Task
7
ACQUISITION NEGOTIATION FOR
EASEMENT(S), OTHER REAL
ESTATE AGREEMENTS, AND
COORDINATION WITH
CONSTRUCTION AND
MAINTENANCE AGREEMENTS
WITH BNSF AND RTD
28 40 0 6 14 0 0 0 88 $15,264.00
7.1 Preparation and Delivery of
Acquisition Documents 16 16 2 8 42 $7,288.00
7.2
Conduct Acquisition Negotiations
and Coordinate with Engineering
Design and Separate Negotiation of
Construction and Maintenance
Agreement
12 24 2 2
40 $7,456.00
7.3 File Maintenance, QA/QC Review
and Submittal 2 4 6 $520.00
Total HDR Labor Hours 57 139 77 30 343 38 4 6 694
Total HDR Labor Fee $12,084.00 $26,410.00 $10,010.00 $2,760.00 $28,812.00 $3,952.00 $312.00 $402.00 $84,742.00
Direct Expenses $300.00
5.1 Mileage $200.00
5.2 Printing/Reproduction $100.00
Subconsultants $33,605.00
1 Title Company $13,625.00
2 Precision Surveying & Mapping, Inc.$9,480.00
3 Apprasial Subconsultant $10,500.00
TOTAL PROJECT FEE $118,647.00
Page 2 of 2
9025 E Kenyon Ave., Suite 150, Denver, CO 80237
tel.: (303) 753-9799, mob.: (303) 885-7161
www.precision-survey.com
Page 1 of 4
May 20, 2019
Mel Lee-Senior Right of Way Acquisition/Relocation Agent
HDR. Inc.
1670 Broadway, Suite 3400
Denver, CO 80202-4824
D 303.524-8376 M 720-320-8022
Melinda.lee@hdrinc.com
Re: Wheat Ridge Plaza and Elevated Trail Project-Revised 5-21-19
Dear Mel:
Precision Survey & Mapping, Inc. is pleased to submit a revised fee proposal for the Wheat Ridge
Plaza and Elevated Trail Project. Thank you again for the opportunity to provide our Land
Surveying Services. Please feel free to call with any questions.
Sincerely,
Christopher P. Juliana, PLS
9025 E Kenyon Ave., Suite 150, Denver, CO 80237
tel.: (303) 753-9799, mob.: (303) 885-7161
www.precision-survey.com
Page 2 of 4
PURPOSE OF PROJECT
The purpose of the project is to aid in the Right-of-Way Acquisition associated with the Wheat
Ridge Elevated Trail Project.
SCOPE OF WORK
Precision Survey & Mapping, Inc. (PSM) will provide surveying services for the Wheat Ridge
Plaza and Elevated Trail Project. The Scope of Work will include necessary project management,
administration, field work and office work associated with the preparation of Exhibit and Legal
Description associated with the acquisition of right-of-way, permanent and temporary construction
easements. The scope of work is more particularly described as follows and the project area is
more particularly shown on the attached Exhibit “A”.
PRE-SURVEY CONFERENCE
Participate in a pre-survey conference with the HDR ROW team.
OBTAIN RIGHT OF ENTRY
PSM will facilitate Right of Entry from all land owners.
PROPERTY BOUNDARY/RECORDS RESEARCH
Acquire records research including, assessor’s records, deeds, subdivision plats, land
survey plats, monument records, road right-of-way/county commissioner road petitions and
BLM Plats.
Property lines/right-of-way lines of subject property or properties will be established.
Provide necessary office calculations and boundary line analysis for determination of
property and right-of-way lines.
TITLE INFORMATION BINDERS
Provide labor for review of Title Information Binders for affected properties. Any easements
and/or encumbrances discovered in said Title Information Binders will be reflected on the
base survey.
CONTROL SURVEY
Establish horizontal control based on Colorado State Plane (NAD 83) Datum (Modified to
ground). A minimum of two permanent control points will be set.
PSM shall verify that the proposed horizontal and vertical datums, listed above, are in
compliance with the datum requirements set forth by the City of Wheat Ridge.
PREPARATION OF EXHIBIT & LEGAL DESCIPTIONS
PSM will prepare Exhibit and Legal Descriptions for required right-of-way acquisition, permanent
and temporary construction easements. All Exhibit & Legal Descriptions will be certified by a
Professional Land Surveyor registered in the State of Colorado.
9025 E Kenyon Ave., Suite 150, Denver, CO 80237
tel.: (303) 753-9799, mob.: (303) 885-7161
www.precision-survey.com
Page 3 of 4
SURVEY STAKING
Provide necessary field and office work for the proposed survey staking of right-of-way
acquisitions, permanent and temporary construction easements. Survey points will be marked by
a 60d spike nail with a florescent pink hub chaser attached thereto and a 48” surveyors lath with
surveyors flagging marked appropriately.
NOTES
HRD will procure required Title Information Binders and provide said Title Information
Binders to PSM. Information Binders will be relied upon for ownership of record, and to
reflect easements and encumbrances of record.
DELIVERABLES
Provide AutoCAD Civil 3D Drawing File or other desired electronic format.
Provide Adobe PDF files of completed Exhibit & Legal Descriptions.
FEE SCHEDULE
SURVEYING FEE: $9,480
9025 E Kenyon Ave., Suite 150, Denver, CO 80237
tel.: (303) 753-9799, mob.: (303) 885-7161
www.precision-survey.com
Page 4 of 4
EXHIBIT “A”
ITEM NO: DATE: June 24, 2019
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NUMBER 09-2019 - AN ORDINANCE REAPPOINTING PRESIDING MUNICIPAL JUDGE
CHRISTOPHER RANDALL AND APPROVING A PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT
PUBLIC HEARING ORDINANCES FOR 1ST READING (06/10/2019)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/24/2019) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ City Attorney City Manager
ISSUE: The City’s Home Rule Charter provides for appointment of the Municipal Court Judge for a term
of two years. The current term of Presiding Judge Christopher Randall expires July 1, 2019.
PRIOR ACTION: The Judge was reappointed in June 2017.
FINANCIAL IMPACT: The Judge is presently compensated at $98.97 per hour. This rate has been in effect since 2017. The Judge is not requesting any change in this rate.
BACKGROUND:
The Judge has provided a memorandum (attached) requesting reappointment.
RECOMMENDED MOTION: "I move to approve Council Bill 09-2019, an ordinance reappointing presiding Municipal Judge
Christopher Randall and approving a presiding municipal judge services agreement, on second
reading, and that it take effect upon adoption."
Or
2
Council Action Form – Reappointment of Municipal Judge
June 24, 2019
Page 2
"I move to postpone indefinitely Council Bill 09-2019, an ordinance reappointing presiding
Municipal Judge Christopher Randall and approving a presiding municipal judge services agreement for the following reason(s) ________________." REPORT PREPARED BY: Gerald Dahl, City Attorney
Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill 09-2019
2. Letter from Judge Randall
3. Memorandum from Judge Randall 4. Municipal Judge Services Agreement
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER URBAN
COUNCIL BILL NO. 09 ORDINANCE NO. ________ Series of 2019 TITLE: AN ORDINANCE REAPPOINTING PRESIDING MUNICIPAL
JUDGE CHRISTOPHER RANDALL AND APPROVING A PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT
WHEREAS, the current presiding municipal judge, Christopher Randall, was reappointed effective July 1, 2017 for a two-year term expiring on June 30, 2019; and
WHEREAS, the Presiding Judge has continued to serve since that date; and
WHEREAS, pursuant to Charter Section 8.3, the City Council shall appoint all
judges for a term of two years; and
WHEREAS, Judge Randall has requested reappointment at the end of his current term; and
WHEREAS, the Council wishes to reappoint Judge Randall, and approve other
changes to the Agreement; and
WHEREAS, Charter Section 8.5 requires the Council to set the Judge’s compensation by ordinance.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Pursuant to Sections 8.3 and 8.5 of the Home Rule Charter,
Presiding Municipal Judge Christopher Randall is hereby reappointed for a term of two years, expiring on July 1, 2021. The Presiding Judge’s compensation shall be $98.97 per hour. The terms and conditions of the Presiding Judge’s appointment shall be as set forth in the Presiding Municipal Judge Services Agreement, effective as of July 1,
2019, attached hereto and incorporated herein by this reference.
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. Effective Date. This Ordinance shall take effect upon adoption at second reading, as permitted by the Charter.
ATTACHMENT 1
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on
this 10th day of June, 2019, 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 June 24, 2019, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of ______ to _______, this ___day of _________, 2019.
SIGNED by the Mayor on this ________ day of _________, 2019.
Bud Starker, Mayor ATTEST:
Janelle Shaver, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication: June 13, 2019 Second Publication: Wheat Ridge Transcript Effective Date:
City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2835
F: 303.235.2829
www.ci.wheatridge.co.us
June 04, 2019
Honorable Bud Starker, Mayor Members of the Wheat Ridge City Council
Patrick Goff, City Manager
City of Wheat Ridge 7500 W. 29th St. Wheat Ridge, CO 80033
Dear Mayor Starker, City Manager, and Members of City Council: The City Charter creates a municipal court and directs the city council to appoint a presiding judge. The Charter requires that all municipal judges have been on the bench or have
practiced law for a period of years. I have thirty-three (33) years in the practice of law and
twenty-seven (27) years on the bench of which seventeen (17) have been as the presiding judge in Wheat Ridge. The Charter states that Council shall appoint a presiding judge for a term of two (2)
years. By charter, the duties of the judge are to supervise court personnel and submit a yearly
budget. In practice, the Colorado Supreme Court establishes a mandate as well: to justly determine all municipal ordinance violations, ensure criminal law procedures, administer cases fairly, and follow city, state, and federal laws and constitutions. Over the past two years there has been an explosion of legislation directed at municipal courts. As a result, the presiding judge
reviews and incorporates new legislation into the operation of the court.
The Colorado Code of Judicial Conduct (Code) guides judicial ethics and requires independence, impartiality, competence, and integrity. Inherent in the Code is the precept that judges must respect and honor the judicial office as a public trust and strive to maintain and
enhance confidence in the legal system.
I began as Presiding Judge in Wheat Ridge in January 2002, pursuant to a services agreement and have been the Presiding Judge continuously for seventeen (17) years. Each services agreement is for a two-year term. My most recent two-year contract for services began
July 2017 and ends June 2019. I am requesting renewal of the contract. Please see the enclosed
Memo for information about court, accomplishments, projects, and goals. I am not requesting a change in salary. I currently receive employee benefits. I am requesting a clarification that the Family Medical and Leave Act apply to my job classification.
ATTACHMENT 2
I am classified as a thirty (30) hour per week employee, so am requesting that I be able to flex
the hours worked per pay period. That is, hours worked over 30 hours one week could be added
to hours worked under 30 hours another week. Due to the number of years I have worked here, personal time off would accrue at the sixteen (16) plus year level or 6.94 hours per pay period. Year to date, I am working an average of thirty-two (32) hours per week. Regular court
sessions take about twenty-four (24) hours a week. Most court days take ten hours to complete.
Preparation for jury trials and the jury trials add a few days per year. Other work hours are related to new legislation, extended court sessions, managerial duties, director obligations, legal research, administrative matters, budget, personnel issues, and meetings.
This is an dynamic City with an interesting court docket. I enjoy the challenge and
energy of the City and the court. I look forward to another two years to continue to provide service. Sincerely yours,
/s/ Christopher D Randall
Christopher D. Randall
Presiding Judge
Wheat Ridge Municipal Court
Attached: Memo
Memorandum
TO: City Council, Mayor, and City Manager FROM: Christopher D Randall, Presiding Judge and Department Director
DATE: June 10, 2019 SUBJECT: Presiding Judge and Department Director Contract Renewal
BACKGROUND
I began as Presiding Judge and Department Director in 2002 and have been in that position continuously for seventeen years. I am requesting renewal of the current two-year contract that ends June 30, 2019.
COURT The Colorado Constitution and City Code provide for the creation of a municipal court. Wheat Ridge Municipal Court is a court of record that handles a wide variety of mostly criminal
matters. Appeals are taken to the Jefferson County District Court. Municipal court shall be
presided over by a Presiding Judge. Court is in session on Mondays, Wednesdays, and Thursdays, so there are approximately 150 court-sessions per year. I work on non-court days as necessary for meetings, training, seminars, conferences, recruiting, warrants, affidavits, prisoners, and other court business.
QUALIFICATIONS I have been licensed as an attorney in Colorado since 1987. I became an administrative law judge in 1991 and began judging in municipal court in 1992. Wheat Ridge City Council
appointed me as the Presiding Judge and Department Director in 2002. I have lived in Wheat
Ridge and currently live in Lakewood. PHILOSOPHY
Municipal judges are obligated to follow the Constitution of the United States, the
Constitution of Colorado, and the laws and ordinances of the City. Court rules, established by the Colorado Supreme Court, require that municipal court provide for the just determination of ordinance violations. Procedure is to be simple; the court administered fairly; and unjustifiable expense and delay eliminated. The court considers each case separately, and provides thorough,
practical, and professional case management. The judiciary is independent of and acts as a check
and balance on the executive (police) and legislative (city council) branches of government. A healthy and responsible government maintains an independent judiciary.
ATTACHMENT 3
SENTENCING The city code provides for a general penalty of up to one year of incarceration or up to a one-thousand dollar ($1,000.00) fine or both. A sentence of this severity however rarely befalls
anyone. Restitution for pecuniary loss for victims is required pursuant to city ordinance and state
statute. (Due to prohibitory legislation restitution usually goes unpaid since courts now have little recourse against nonpayers.) Probation is a possibility with most sentences. The purposes of sentencing are as follows: to punish, assure fair treatment, assure
consistent treatment, deter crime, promote respect for the law, promote rehabilitation, address the
offender’s individual characteristics, reduce the potential that the offender will reoffend, promote responsibility and accountability, provide restoration and healing for victims and the community, and address the offender’s individual risks and needs. Judges use reason and common sense in sentencing. Each sentence is “custom tailored” for that person’s background and circumstances.
DEPARTMENT DIRECTOR The Presiding Judge in Wheat Ridge is also the Department Director. This expands the Presiding Judge’s duties. The Department Director responsibilities require not only presiding on
the bench three plus days a week, but administrative, operational, personnel, budget, security,
legal, legislative, and purchasing issues. This adds to the complexity, responsibility, and work load of the Presiding Judge. As the Department Director, I also participate in various professional associations regarding education, advocacy, and court improvement.
WHEAT RIDGE MUNICIPAL COURT Wheat Ridge is a somewhat unique city from a municipal court perspective. It is surrounded by and has traversing through it several major cities and thoroughfares. This leads to
a robust traffic docket and the unsolicited entry of individuals from several surrounding
jurisdictions. Our client base for the most part is the 2,900,000 people who live in the Denver metropolitan area. Due to the amount of retail business in Wheat Ridge, there are a significant number of theft summonses. Certain locations in the City attract a diverse and challenging population. Many persons have mental health and/or substance abuse issues. The Court sees in-
custody persons (jail detainees) at least three times a week. There are court marshals for court
security and prisoner transport. There is an active and challenging juvenile docket, mostly directed to substance use. Court also handles animal, zoning, building code, and nuisance violations. The adult docket is significant and features individuals with lengthy and/or violent criminal histories.
CHALLENGES FOR MUNICIPAL COURT
LOCAL CONTROL
State legislation over the last few years has diminished local control. It has impacted the
ability to collect fines, fees, costs, and restitution. Attorney appointments are now mandatory for most persons who are in-custody. Certain criminal convictions must be automatically expunged. Courts are now mandated to release most persons on personal recognizance bonds, regardless of their violence level, safety, criminal history, or their number of failures to appear in court.
HOMELESSNESS Homelessness has placed burdens on police calls for service, emergency rooms, detoxification facilities, treatment facilities, businesses, courts, parks, and trails.
DRUG ABUSE
Drug abuse is a prominent and daily factor when arraigning, sentencing, and supervising offenders. Many persons abusing substances also engage in other criminal activity. Many resist treatment and further harm themselves and society.
INABILITY TO COLLECT RESTITUTION
Legislation no longer permits the issuance of bench warrants for the arrest of persons who fail to pay for the loss and harm they have done to others. Victim’s bills for property damage, medical treatment, and veterinarian care go unreimbursed.
JAIL BED LIMITATION
The Jefferson County Jail has limited the number of beds that each city can use. This can at times impact they type of and an appropriate sentence.
ACCOMPLISHMENTS
CITY-ORIENTED ACHIEVEMENTS Continue improvements to the Performance Management Program Instructor with the Wheat Ridge Civic Academy Instructor with the Wheat Ridge Citizen’s Police Academy
Past President of the Colorado Municipal Judges Association
Update municipal judges’ lobbyist – Dentons LLC - on proposed legislation Weekly Executive Management Team (EMT) meetings Attend monthly state and local municipal judges meetings Support the ACTION core values
Attend various City and community functions, events, and festivals
Attend various Jefferson County functions and events Attend annual legislative dinner Take advantage of the Wellness Program and take classes at the Recreation Center Attend city sponsored trainings
Recommend improvements to NeoGov annual evaluation template
Welcome and assist new Administrative Services Director
COURT-ORIENTED ACHIEVEMENTS
The Employee Recognition Committee and the Executive Management Team awarded court
staff the annual ACTION Change Award for 2018. Help create annual goals and objectives for Performance Management Program (PMP) Meet with some team members for PMP mid-year check in Write or edit annual evaluations.
Provide information about court and proposed legislation to the Colorado Municipal League and
state legislators Revise job duties, screen, interview, and make offer for Court Marshal position Mentor Deputy Court Administrator Assist Court Administrator with budget
Hear cases involving persons in custody within two days; work on day off
Appoint attorneys for persons in custody on fast track basis Develop process to collect fines, fees, and costs in light of oppositional legislation Develop process to hold non-payers accountable for willful failure to pay restitution to injured victims.
Continue the “walk-in” court to allow people to resolve outstanding bench warrants
Expand and improve alternatives in sentencing including the payment plan process Use web based databases to locate non-appearing defendants Use web based databases to determine accuracy of applications for services or court appointed counsel
Maintain legal library, both hard copy and web-based
Continue to recommend special populations fund to help pay for sentencing requirements for indigents. City Council is commended for this unique and successful budget item. Coach staff on an almost daily basis Review motions (written requests) and issue written orders
Engage in legal research on an almost daily basis
Resolve old cases particularly those involving Department of Corrections (DOC) inmates Contact DOC and City IT department to consider feasibility of audio-video connection with DOC Improve court security with weekly meetings with marshals and security guard
Repair X-ray scanner
Review effectiveness of G4S security guard service Streamline crowd movement in and out of court Modify one court door to require electronic pass key Improve and add flexibility to bail bond process; increased use of personal recognizance and low
cash bonds
Monitor the appearance rate with various types of bonds Assess defendant risks using statutory factors to determine bail bonds Develop new court forms to improve accuracy and efficiency or to comply with new legislation Individualize sentencing, especially for the low-functioning, transient, homeless, mentally ill,
veteran, and substance abusing populations.
Attend legal and judicial seminars Continue IGA that permits first time juvenile alcohol and marijuana users the ability to obtain drug and alcohol treatment and avoid a conviction and fine Improve program for sealing and expungement of juvenile and adult criminal records
Respond to requests for criminal justice records
Work with police department on court/police issues Work with police department on body camera introduction
Maintain electronic process for probable cause and arrest warrants on weekends
Meet with county law enforcement to discuss jail populations
Review files beforehand to make audio-visual detainee process more efficient and secure Member of judges’ legislative strategy committee Moderate and attend monthly court staff meetings Attend bi-annual Colorado Municipal Court Judges Association judicial conferences
Re-classify court clerks to judicial assistants.
Distribute and discuss WRPD Employee Safety bulletins Organize team building events Address protestors, auditors, and agitators Attend annual employee awards breakfast
Modify two animal control violations to allow expedited plea and fine payment without court
appearance Amend and supplement personnel policy Revise jury instructions
Note: I did not accomplish these things alone. Most of these accomplishments would not have
been possible without the assistance of the court administrator, court staff, IT, or city staff. 2019 PRIORITIES
Obtain training and create strategic plan with Leadership Foundation Program.
Become fully staffed - recruit Court Marshal. Plan for retirement of a judicial assistant. Plan for loss of probation officer. Retain good employees.
Renovate judicial assistant work space.
Improve courtroom security; add bullet resisting material to witness box. Replace courtroom seating Investigate and possibly add a collection agency Go live with on-line payments
Research and implement a formal risk assessment tool for bond selection and sentencing
Comply with new legislation; comply with proposed legislation. Amend personnel policy and guidelines. View other teen courts; possibly implement in Wheat Ridge Investigate more services for probationers, particularly veterans.
Improve sealing and expungement of records.
Train staff and seek outside training opportunities. Provide input to Colorado Municipal League, Dentons LLC (judges’ lobbyist), elected officials, and interested others on proposed legislation. Work with administrative staff
Work with police department
Have administration and police department evaluate court PROFESSIONAL MEMBERSHIPS
Colorado Supreme Court (1987-2019)
Colorado Municipal Judges Association (1992-2019) Municipal Judges of Jefferson County monthly meetings (2016-2019)
Quarterly legislative strategy sessions with municipal judges (2017-2019)
PROFESSIONAL BOARD MEMBERSHIPS Board of Governors for the First Judicial District Bar Association (2014-2015)
Board of Directors and President of the Colorado Municipal Judges Association (2009-2015)
OTHER BOARD MEMBERSHIPS
Belmar (Lakewood) Row Homes, Home Owner’s Association – Secretary
INTERNAL RECOGNITION
I have given and received several “Give-A-Wow” awards. These recognize employees
for contributions to the ACTION core values of accountability, change, teamwork, integrity, opportunity, and now! These are available for review. CUSTOMER COMMENTS
The court makes available to the public court evaluation forms. The comments below are available for review. Comments about the Presiding Judge include: Judge was courteous, respectful, and knowledgeable.
The court experience was excellent.
Everyone was courteous and helpful. Judge was fair. This judge was way better than the Westminster judge. Staff patient, courteous, and did their jobs well.
Judge had excellent demeanor. I was impressed with the court’s professional demeanor, the
speed of the court, and the cleanliness of the building. Everyone is very nice. I liked how well they all worked together to make my court and problems go [unreadable].
CLASSIFICATION I work an average of thirty-two (32) hours per week. I am classified for benefits
purposes as a 30-hour per week employee. I receive benefits for the most part as if I were a
regular employee. Regular court sessions take about twenty-four (24) hours a week. Preparation for jury trials and the trials add a few days per year. Other hours are related to longer court sessions, managerial duties, legal research, administrative matters, budget, personnel, recruiting, interviewing, legislation, training, and meetings.
CONTRACT
There is no request to modify the hourly pay rate. Although I believe that the Family and
Medical Leave Act currently applies to my employment classification, I am requesting that it be
included in the contract. Due to longevity (16+ years), personal time off would accrue at the 16-year level (6.94 hours per pay period). Additionally, since I occasionally work under 30 hours some weeks and over 30 hours some weeks, I request that I exercise flex time to accrue 60 hours per (two week) pay period.
CONCLUSION I request reappointment and would be honored to continue to sit as the Presiding Judge and to act as the Department Director for the Wheat Ridge Municipal Court.
/s/ Christopher D Randall
CHRISTOPHER D RANDALL June 04, 2019
WR Muni Judge Contract - Randall
CITY OF WHEAT RIDGE PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT
THIS PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT is entered into and effective as of the 1st day of July 2019 ("Effective Date"), by and between the CITY OF WHEAT
RIDGE, COLORADO (the “City”) and CHRISTOPHER D. RANDALL, (“Presiding Judge”), together referred to herein as the "Parties." In consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
ARTICLE 1 – SERVICES
Pursuant to Chapter VIII of the Wheat Ridge Home Rule Charter (the "Charter"), Presiding Judge shall have the following duties:
A. Ensure the presence of a municipal judge at all Wheat Ridge Municipal Court ("Municipal Court") cases, by either presiding over such cases personally or by scheduling an Associate Judge to hear such case(s) and by establishing an on-call municipal judge
schedule;
B. Formulate and amend the local rules of the Municipal Court with the approval of the Colorado Supreme Court;
C. Supervise the Associate Judges, if any, and all Municipal Court personnel; serve as Department Head for the Municipal Court staff; attend Department Director meetings, in person or by designee, and meetings with the City Manager, City Attorney and City
Council as needed; and
D. Responsible for preparation of annual department budget, monitoring of operational expenses and overall delivery of court services.
ARTICLE 2 – QUALIFICATIONS
The Presiding Judge shall continuously maintain the following qualifications:
A. Licensed to practice law in all Colorado courts, including the U.S. District Court for the District of Colorado; and
B. Resident within 40 miles of the Wheat Ridge Municipal Court.
ARTICLE 3 - TERM; TERMINATION
Pursuant to Section 8.3 of the Charter, this Agreement shall be for a two (2) year term, ending on July 1, 2021. This Agreement may be terminated during its term for any of the reasons enumerated in Section 8.3 of the Charter.
ARTICLE 4 – COMPENSATION, PERFORMANCE
The Parties agree that Presiding Judge shall be compensated at $98.97 per hour for
services rendered under this Agreement. Presiding Judge may also be compensated for reimbursable expenses properly invoiced to the City as set forth below. For purposes of this Agreement, "reimbursable expenses" shall mean those expenses directly incurred by Presiding
ATTACHMENT 4
WR MuniCourt/MuniJudgeContract - Randall -2-
Judge in the performance of his duties under this Agreement, including mileage and travel expense.
Presiding Judge shall be paid via the current City system for recording and compensating hourly employees.
A. Funding.
This Agreement is specifically subject to the provisions of Section 2-3(c) of the Code of Laws of the City of Wheat Ridge, which limits the amount for which the City shall be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid appointment. The Parties further recognize and agree that the City, as a political subdivision of the State of Colorado, is subject to the Constitution and laws of the State of Colorado. Notwithstanding any provision of this Agreement to the contrary, the obligation of the City to make payment to Presiding Judge is expressly subject to annual appropriations by the City of funds for the next
ensuing budget year.
B. Performance
Pursuant to Section 8.3 of the Home Rule Charter, Presiding Judge is appointed for a
two year term. In contrast to other employees of the City, the Judge’s compensation is set by the Council by ordinance, rather than through the annual performance review process for other city employees. Also, the Presiding Judge is not an at-will employee as
all other city employees are. In recognition of these distinctions, the parties agree that the Council functions as the performance review body for the Presiding Judge, exercising that authority by ordinance as required by the Charter.
ARTICLE 5 – INDEMNIFICATION, INSURANCE AND BENEFITS
• Pursuant to the Colorado Governmental Immunity Act, §§ 24-10-101 et seq.,
C.R.S., Presiding Judge is an appointed official of the City entitled to any and all benefits of law pertaining to judicial or sovereign immunity and to coverage by the City's insurance applicable to persons holding such a position for claims brought against him in his official capacity or arising out of his performance of his official duties as described. Presiding Judge shall be eligible to participate in the following insurance and benefit programs available to City employees, at a level equal to the average number of hours of work per week performed by the Presiding Judge, which for purposes of this Agreement, the Parties agree shall be a minimum of thirty (30) hours per week:
• Benefits as outlined in the 2018 Employee Benefits Guide or as revised for 2019 or 2020. The City agrees to pay the applicable premium for the rate level, consistent with the City insurance plan as amended from time to time.;
• Official holidays (6 hours of holiday pay per holiday recognizing ten (10) holidays per year per the most current City Personnel Policies);
• Personal time off (PTO) leave accrued per pay period dependent upon the number of hours of work per week: a 30–hour per week employee with the Presiding Judge’s current longevity receives 6.94 hours of PTO leave per pay period;
WR MuniCourt/MuniJudgeContract - Randall -3-
• Jury duty pay;
• Family Medical and Leave Act coverage;
• As a department head, Presiding Judge receives the annual allowance for cellular telephone use.
For all such insurance and benefit programs, to the extent the programs or any of their features
are altered, amended, or eliminated with respect to all eligible City employees, such alteration, amendment or elimination shall also apply to Presiding Judge in the same manner.
ARTICLE 6 – CHARTER, LAWS AND ORDINANCES
Presiding Judge shall at all times during the performance of this Agreement, strictly adhere to all applicable federal, state and local laws, rules, regulations, and ordinances that affect or govern the work as herein contemplated.
ARTICLE 7 – EQUAL EMPLOYMENT OPPORTUNITY
The Presiding Judge shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Presiding Judge shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to their age, race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
ARTICLE 8 – JUDICIAL INDEPENDENCE
An independent, fair and impartial judiciary is indispensable to our system of justice. The United States legal system is based upon the principle that an independent, impartial, and competent judiciary, composed of men and women of integrity, will interpret and apply the law that governs our society. Thus, the judiciary plays a vital role in preserving the principles of
justice and the rule of law. Judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to maintain and enhance confidence in the legal system. Presiding Judge is expected to uphold these principles.
ARTICLE 9 – JUDICIAL IMPARTIALITY
Presiding Judge shall uphold and apply the law, and shall perform all duties of judicial office impartially. Impartially means absence of bias or prejudice in favor of, or against,
particular parties or classes of parties, as well as maintenance of an open mind in considering issues that may come before the judge. Presiding Judge shall perform the duties of the judicial office, including administrative duties, without bias or prejudice. Presiding Judge shall not be swayed by public clamor or fear of criticism. Presiding Judge shall not permit social, political, financial, or other interests or relationships to influence the judge’s judicial conduct or judgment. Presiding Judge shall not convey or permit others to convey the impression that any person is able to influence the judge.
ARTICLE 10 - EX PARTE COMMUNICATION
WR MuniCourt/MuniJudgeContract - Randall -4-
Presiding Judge shall not initiate, permit or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties or their
lawyers, concerning pending or impending matters.
ARTICLE 11 – LAW AND VENUE
The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this Agreement. The Parties agree that venue and jurisdiction for disputes regarding any aspect of this Agreement is proper and exclusive with the District Court of Jefferson County, Colorado. ARTICLE 12 – NOTICES
Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth below. Such notice shall be deemed to have been given when deposited in
the United States Mail.
If to the City: City Manager 7500 W 29th Avenue
Wheat Ridge, CO 80033 Fax: (303) 234-5924
With a copy to: City Attorney
7500 W 29th Avenue Wheat Ridge, CO 80033 Fax: (303) 234-5924
If to Presiding Judge: Christopher D. Randall, Esq. 7500 W. 29th Avenue Wheat Ridge, CO 80033 Fax (303) 980-1721
ARTICLE 13 – ASSIGNMENT AND SUBCONTRACTORS
The duties and obligations of Presiding Judge may not be assigned, delegated, or subcontracted except with the express written consent of the City.
ARTICLE 11 – SEVERABILITY
To the extent that the Agreement may be executed and performance of the obligations of the Parties may be accomplished within the intent of the Agreement, the terms of this Agreement are severable, and should any term or provision hereof be declared invalid or
become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach.
ARTICLE 12 – INTEGRATION OF UNDERSTANDINGS
This Agreement is intended as the complete integration of all understandings between the Parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall
WR MuniCourt/MuniJudgeContract - Randall -5-
have any force and effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect
unless embodied in writing and signed by Presiding Judge and an authorized representative of the City.
ARTICLE 13 – AMENDMENTS
The City may, from time to time, require changes in the scope of services of the Presiding Judge to be performed herein. Such changes, including any increase or decrease in the amount of the Judge’s compensation, must be mutually agreed upon in writing by the City and the Presiding Judge, as an amendment to this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement in two (2) copies,
each of which shall be deemed an original, as of the day and year first written above.
ATTEST: CITY OF WHEAT RIDGE, COLORADO
________________________________ By: ____________________________
Janelle Shaver, City Clerk Bud Starker, Mayor
Seal
APPROVED AS TO FORM: Gerald E. Dahl, City Attorney PRESIDING JUDGE
Christopher D. Randall
ITEM NO: DATE: June 24, 2019
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 08-2019 – AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE REGULATION OF ANIMAL-RELATED FACILITIES (CASE NO. ZOA-19-01)
PUBLIC HEARING ORDINANCES FOR 1ST READING (06/10/2019)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/24/2019) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ _____________________________________ Community Development Director City Manager
ISSUE: The purpose of the proposed ordinance is to define “animal daycare facility” and allow it as a
special use in the Commercial-One and Commercial-Two zone districts, add supplementary regulations for animal-related facilities (including specifications related to outdoor play yards), and update the definitions and use table for consistency and clarity.
PRIOR ACTION: Staff discussed this issue with City Council at study sessions on December 17, 2018 and April 15,
2019. At the April study session, Council directed staff to draft a code amendment allowing animal daycares with outdoor play yards as a special use in the C-1 and C-2 zone districts and to consider supplementary regulations. At a public hearing on May 16, 2019, Planning Commission voted to recommend approval of the proposed ordinance. Meeting minutes from the Planning
Commission public hearing are attached. Council approved the ordinance on first reading on June
10, 2019.
FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. If the
ordinance results in more animal-related commercial businesses, the City may benefit from land
use application fees, business license fees, building permit fees, and potential tax revenue.
3
Council Action Form – Animal-Related Facilities Ordinance
June 24, 2019
Page 2 BACKGROUND: Staff presented an analysis of the code as it relates to animal-related facilities and zoning maps at
an April 15, 2019 City Council Study Session. Council consensus was to permit animal daycares with outdoor play yards as a special use in the C-1 and C-2 zone districts. Council also directed staff to research and propose supplemental regulations on this use, specifically to consider some limitations on the outdoor play yard and boarding given proximity between C-1, C-2, and
residential zone districts.
Based on review of other cities’ regulations for animal-related facilities and in collaboration with the Police Department, specifically the Community Services Officers who enforce kennel licensing and serve as animal control officers in the field, the attached ordinance was drafted.
Summarized below are some of the key highlights of the ordinance and the reasoning behind the proposed regulations:
• The code amendment proposes to limit the number of animals outside to a maximum of 15
at any given time for animal daycare facilities in the C-1 and C-2 zone districts.
o This number is aligned with the State of Colorado’s Pet Animal Care and Facilities Act (PACFA) allowance of one human supervisor for every 15 dogs.
o Limiting the number to 15 animals reduces the intensity of the outdoor use area given that C-1 and C-2 zoned properties are often close to residential zoning/uses.
In addition, C-1 and C-2 zoned properties are often smaller than agriculturally
zoned properties, which require a minimum lot size of one acre to accommodate animal-related uses.
• The code amendment proposes to establish setbacks for outdoor play yards to be at least 20
feet from side and rear property lines where they are adjacent to residentially zoned or used
property (for C-1 or C-2 zoned properties).
o In A-1 and A-2 zone districts, a 25-foot setback applies between outdoor play yards and adjacent residential zoning or uses. A slightly reduced setback in C-1 and C-2 is proportional with the often smaller lot sizes.
o The proposal is consistent with Denver and Lakewood, who also require 20-foot
setbacks.
• The code amendment proposes to allow overnight boarding as an accessory use in animal daycare facilities (in C-1 or C-2 zone districts), up to 25% of the gross floor area of the structures associated with the animal daycare.
o This is to distinguish the daycare use from a kennel, which allows overnight boarding as the primary use.
o This code language is consistent with language elsewhere in the code quantifying the extent of an accessory use. A numeric standard provides clarity for business owners.
• The code amendment updates definitions and use table listings for animal-related facilities for consistency, clarity, and ability to cross-reference.
o For example, terms used for veterinary hospitals in the use table were updated to match the terms listed under definitions.
Council Action Form – Animal-Related Facilities Ordinance
June 24, 2019
Page 3
o The “animal daycare facility” use is also added as a special use in the A-1 and A-2
zone districts. The intent is to provide clarity and to distinguish it from the “dog
kennels, catteries, veterinary hospitals” use. RECOMMENDATIONS: Staff recommends approval of the ordinance.
RECOMMENDED MOTION: “I move to approve Council Bill No. 08-2019 an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of animal-related facilities, on second reading and that it take effect 15 days after final publication.”
Or, “I move to postpone indefinitely the ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of animal-related facilities, for the following reason(s)
_________________.”
REPORT PREPARED/REVIEWED BY: Zareen Tasneem, Planner I
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 08-2019
2. Planning Commission Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WEAVER
COUNCIL BILL NO. 08-2019 ORDINANCE NO. _________ Series 2019 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT
RIDGE CODE OF LAWS CONCERNING THE REGULATION OF ANIMAL-RELATED FACILITIES (CASE NO. ZOA-19-01) WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances
for the preservation of the public health, safety and welfare; and
WHEREAS, in the exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the Code) pertaining to zoning, land use, and development; and
WHEREAS, the City Council has identified a need to clarify regulations pertaining to animal-related uses and outdoor activities associated therewith; and WHEREAS, the City Council has determined it appropriate to allow by special use
animal daycare facilities in certain commercial zone districts; and
WHEREAS, the City Council finds that this amendment does not diminish the quality or character of its commercial corridors or neighborhoods.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Code Section 26-123 (Definitions) of the Code is amended by the addition of a new definition in its appropriate alphabetical location:
ANIMAL DAYCARE FACILITY. A FACILITY LICENSED BY THE STATE OF COLORADO AND THE CITY OF WHEAT RIDGE POLICE DEPARTMENT WHERE ANIMALS MAY BE GROOMED, TRAINED, EXERCISED, AND/OR SOCIALIZED.
Section 2. Section 26-204 of the Code, entitled Table of Uses for Agricultural and
Public Facilities and Table of Uses for Commercial and Industrial Districts, is amended as follows with the rows in their appropriate alphabetical locations: Table of Uses—Agricultural and Public Facilities
Uses Notes A-1 A-2 PF
ANIMAL DAYCARE FACILITY
SEE § 26-644 S S
…
ATTACHMENT 1
2
Dog kennels, catteries, veterinary
hospitals
Provided that outside runs, PLAY YARDS, PENS, OR TRAINING AREAS which are adjacent
to residentially zoned or used property are no closer than 25 feet to a side or rear lot line
S S
Table of Uses—Commercial and Industrial Districts
Uses Notes NC RC C-1 C-2 I-E
ANIMAL DAYCARE FACILITY SEE § 26-644 S S
…
Kennels SEE § 26-644 S
…
Animal veterinary hospitals and clinics
VETERINARY HOSPITAL
With outside runs, PLAY YARDS,
PENS, OR TRAINING AREAS; no cremation
P P
WHERE THERE
ARE NO OUTSIDE RUNS, PLAY YARDS, PENS, OR TRAINING AREAS; NO CREMATION
S P P P P
Animal veterinary hospitals and clinics
VETERINARY HOSPITAL (SMALL ANIMAL, ENCLOSED)
Where there are no outside pens or runs for dogs,
RUNS, PLAY YARDS, OR TRAINING AREAS; no cremation
S P P P P
Section 3. Section 26-644 (Animal-related facilities) is hereby added to Article VI. Supplementary Regulations:
3
SEC. 26-644. ANIMAL-RELATED FACILITIES.
A. ALL KENNELS AND ANIMAL DAYCARE FACILITIES SHALL OBTAIN A KENNEL LICENSE FROM THE CITY OF WHEAT RIDGE POLICE DEPARTMENT. B. ANIMAL DAYCARE FACILITIES IN MIXED USE ZONE DISTRICTS ARE
SUBJECT TO THE FOLLOWING REGULATIONS: 1. ANIMALS SHALL NOT BE KEPT OR BOARDED OVERNIGHT, BRED, SOLD, OR LET FOR HIRE. 2. NO OUTDOOR PLAY YARDS, RUNS, PENS, OR TRAINING AREAS ARE ALLOWED.
C. ANIMAL DAYCARE FACILITIES IN THE C-1 AND C-2 ZONE DISTRICTS ARE SUBJECT TO THE FOLLOWING REGULATIONS: 1. NO MORE THAN 15 ANIMALS SHALL BE OUTSIDE AT ANY GIVEN TIME. 2. OUTDOOR PLAY YARDS SHALL BE SETBACK AT LEAST 20 FEET FROM
SIDE AND REAR PROPERTY LINES WHERE THEY ARE ADJACENT TO RESIDENTIALLY ZONED OR USED PROPERTY. 3. OUTDOOR PLAY YARDS SHALL BE SCREENED FROM VIEW SO AS NOT TO BE VISIBLE FROM ANY PUBLIC STREET OR ADJACENT PROPERTY. 4. ANY OUTDOOR PLAY YARD SHALL ONLY BE USED FROM DAWN UNTIL
DUSK FOR SUPERVISED EXERCISE AND TRAINING USE. THIS SHALL NOT PROHIBIT THE OCCASIONAL USE OF OUTDOOR AREAS FOR SUPERVISED ANIMAL RELIEF OUTSIDE OF THESE HOURS. 5. OVERNIGHT BOARDING SHALL NOT EXCEED TWENTY-FIVE (25) PERCENT OF THE GROSS FLOOR AREA OF THE STRUCTURES
ASSOCIATED WITH THE ANIMAL DAYCARE. OVERNIGHT BOARDING SHALL BE ENCLOSED WITHIN A SOUNDPROOF BUILDING. D. KENNELS AND ANIMAL DAYCARE FACILITIES WHICH ARE SUBJECT TO THE SPECIAL USE PERMIT PROCESS, PER SECTIONS 26-114 AND 26-204, IN
ZONE DISTRICTS WHERE INDICATED IN THIS CHAPTER ARE, IN ADDITION TO THE REQUIREMENTS OF THIS SECTION, SUBJECT TO THE CONDITIONS OF APPROVAL ATTACHED TO THE SPECIAL USE PERMIT. Section 4. Section 26-1111 of the Code, Permitted Uses, is amended as follows
with the rows in their appropriate alphabetical location:
Permitted Uses
Uses MU-C MU-C
Interstate
MU-C
TOD
MU-N
Animal daycare, indoor with no outdoor runs or pens FACILITY (SEE § 26-644) P P P P
…
4
Veterinary clinics and hospitals, no outdoor runs or pens, PLAY YARDS, PENS, OR TRAINING AREAS
P P P P
Section 5. Code Section 26-1119 (Definitions) of the Code is amended as follows in the appropriate alphabetical location:
Animal daycare facility. A facility licensed by the State of Colorado AND THE CITY OF WHEAT RIDGE POLICE DEPARTMENT where animals may be groomed, trained, exercised, and socialized, but not kept or boarded overnight, bred, sold, or let for hire.
Section 6. 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 7. 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 8. 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 10th day of June, 2019, ordered published with Public Hearing and consideration on final
passage set for Monday, June 24, 2019 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 ______________, 2019.
SIGNED by the Mayor on this _____ day of ____________, 2019.
_________________________
Bud Starker, Mayor
5
ATTEST:
_________________________ Janelle Shaver, City Clerk
Approved as to form
_________________________ Gerald E. Dahl, City Attorney
First Publication: June 13, 2019 Second Publication: Wheat Ridge Transcript Effective Date:
ATTACHMENT 2
ITEM NO: DATE: June 24, 2019
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 35-2019 – A RESOLUTION APPROVING A MAJOR SUBDIVISION PLAT WITH RIGHT-OF-WAY
DEDICATION FOR PROPERTY ZONED MIXED USE –
NEIGHBORHOOD (MU-N) AND LOCATED AT 10191 W. 38th
AVENUE (CASE NO. WS-19-02 / GEMINI)
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ _____________________________ Community Development Director City Manager
ISSUE:
The applicant is requesting approval of a major subdivision with right-of-way dedication for an approximately 0.466-acre property located at 10191 W. 38th Avenue. The purpose of this subdivision request is to establish lot lines, easements, and right-of-way dedication for an 8-unit duplex development in the Mixed Use – Neighborhood (MU-N) zone district.
PRIOR ACTION: Planning Commission heard the request at a public hearing on June 6, 2019 and recommended approval of the major subdivision for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development
code have been met.
2. All agencies can provide services to the property with improvements installed at thedeveloper’s expense
Attached is a copy of the Planning Commission staff report, which provides a detailed description
of the application. Draft meeting minutes from the June 6, 2019 public hearing are also attached.
4
Council Action Form – 10191 W. 38th Avenue Subdivision
June 24, 2019
Page 2 FINANCIAL IMPACT: Fees in the amount of $2,025 were collected for the review and processing of Case No. WS-19-02.
Fees in lieu of parkland dedication in the amount of $14,151.34 will be due prior to issuance of building permits. Permit fees and use tax will be paid for each duplex building permit and for all site work and right-of-way permits. BACKGROUND:
The subject property is located on the north side of W. 38th Avenue between Kipling Street and Lena Gulch. It is approximately 0.466 acres and currently contains a single-family home. The site is zoned Mixed Use – Neighborhood (MU-N) which allows multifamily development
(including duplexes) up to a density of 21 units per acre. City Council rezoned the property to
MU-N in 2015. There are a mix of zone districts and uses in the area. The south side of W. 38th Avenue is zoned Commercial-One (C-1) and includes the Morningstar assisted living facility and Kipling Ridge
shopping center. The property to the east is zoned Planned Commercial Development (PCD) and
contains a dentist office. Further east, along Kipling Street, the properties are zoned Mixed Use – Commercial (MU-C) and C-1 and contain a Circle K store that is under construction. The property to the west is zoned Residential-One (R-1) and contains a single-family home on a small lot. Across Lena Gulch to the northwest is the Cambridge Park Planned Residential Development
(PRD).
Key components of the subdivision are described below. The plat document and additional detail are included in the attached Planning Commission staff report.
The purpose of a subdivision plat is not to review specific site plan or architectural details, but
rather to confirm appropriate lot configuration, access, rights-of-way, easements, and utility service to the site in order to create developable parcels for a land use that is already permitted by the underlying zoning.
Proposed Plat
The proposed subdivision document is comprised of two pages and establishes eight lots, each approximately 2,400 to 2,500 square feet. The underlying zoning (MU-N) does not have minimum lot size standards or other dimensional requirements. MU-N does require minimum landscape coverage, building setbacks, and building step-backs which are confirmed through the
administrative site plan review process.
The lots are organized on the east and west sides of a central drive provided in an access easement. The outside boundaries of the site are not changing. Several easements are created by the plat to allow for adequate infrastructure and access to the site, including the aforementioned access,
emergency, and utility easement, plus drainage easements and a small Lena Gulch easement in the
extreme northwest corner of the site. No structures or development will be located in this area.
Council Action Form – 10191 W. 38th Avenue Subdivision
June 24, 2019
Page 3 Right-of-way dedication is being proposed along 38th Avenue to facilitate construction of a
sidewalk.
Required Agreements The applicant is responsible for installing a 6-foot wide detached sidewalk along the 38th Avenue frontage and on-site improvements including the drainage system, utilities, driveway, and
landscaping. These obligations will ultimately be memorialized in a Subdivision Improvement
Agreement (SIA) between the City and developer. The SIA dictates construction and maintenance responsibilities as well as the timing of permit issuance relative to the completion of public improvements. A condition of approval is included to this effect.
The City plans to construct infrastructure improvements along 38th Avenue from Lena Gulch to
Johnson Street under the 2020 budget cycle. Other improvements in the area, including curb, gutter, amenity zones (with street trees and pedestrian lights), and revised turning lanes, will be constructed by Public Works.
RECOMMENDATIONS:
A subdivision plat is a technical document and review is a ministerial action. The plat complies with the requirements of the subdivision regulations (Article VII in Chapter 26 of the Municipal Code) and is consistent with the Mixed-Use Neighborhood (MU-N) zoning requirements. For that reason, staff is recommending approval of the request.
RECOMMENDED MOTION: “I move to approve Resolution No. 35-2019, a resolution approving a major subdivision with right-of-way dedication for property located at 10191 W. 38th Avenue and zoned Mixed Use – Neighborhood (MU-N), for the following reasons:
1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation of approval.
3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the
Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer’s expense.
and with the following conditions:
1. Prior to recordation, the applicant shall pay the required fees-in-lieu of parkland dedication. 2. The developer shall enter into a subdivision improvement agreement and a lot sale
restriction covenant agreement prior to recordation of the subdivision plat.
3. Prior to issuance of building permits, the developer shall provide homeowner’s association covenants for review and approval by staff.
Council Action Form – 10191 W. 38th Avenue Subdivision
June 24, 2019
Page 4 Or,
“I move to deny Resolution No. 35-2019, a resolution approving a major subdivision with right-of-way dedication for property located at 10191 W. 38th Avenue and zoned Mixed Use – Neighborhood (MU-N), for the following reasons:
1.
2. 3. ” REPORT PREPARED/REVIEWED BY: Scott Cutler, Planner II
Stephanie Stevens, Senior Planner Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 35-2019
2. Planning Commission Staff Report with Plat Document 3. Planning Commission Draft Meeting Minutes
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 35
Series of 2019
TITLE: A RESOLUTION APPROVING A MAJOR SUBDIVISION PLAT WITH RIGHT-OF-WAY DEDICATION FOR PROPERTY ZONED MIXED USE - NEIGHBORHOOD (MU-N) AND
LOCATED AT 10191 W. 38TH AVENUE (CASE NO. WS-19-02 / GEMINI) WHEREAS, Chapter 26, Article IV of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of subdivision plats; and,
WHEREAS, an application for a subdivision plat with right-of-way dedication was received from John Roach to subdivide property for duplex development located at 10191 W. 38th Avenue in the Mixed Use - Neighborhood zone district; and,
WHEREAS, all referral agencies have reviewed the request and can serve the
property; and, WHEREAS, the City Council has conducted a public hearing complying with all public notice requirements as required by Section 26-109 of the Code of Laws.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: A MAJOR SUBDIVISION PLAT WITH RIGHT OF WAY DEDICATION FOR
PROPERTY ZONED MIXED USE – NEIGHBORHOOD (MU-N) LOCATED AT 10191 W. 38th AVENUE IS HEREBY APPROVED FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing, meeting all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws.
2. The requested subdivision has been reviewed by the Planning Commission,
which has forwarded its recommendation of approval. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed
and the developer’s expense.
And, with the following conditions: 1. Prior to recordation, the applicant shall pay the required fees-in-lieu of parkland
dedication.
2. The developer shall enter into a subdivision improvement agreement and a lot sale restriction covenant agreement prior to recordation of the subdivision plat. 3. Prior to issuance of building permits, the developer shall provide homeowners’ association covenants for review and approval by staff.
DONE AND RESOLVED by the City Council this 24th day of June, 2019.
______________________________________ Bud Starker, Mayor
ATTEST:
_______________________________________ Janelle Shaver, City Clerk
Planning Commission 1 Case Nos. WS-19-02 / Gemini Subdivision
CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT
TO: Planning Commission MEETING DATE: June 6, 2019 CASE MANAGER: Scott Cutler
CASE NO. & NAME: WS-19-02 / Gemini Subdivision ACTION REQUESTED: Approval of a major subdivision (8 lots).
LOCATION OF REQUEST: 10191 W. 38th Avenue
APPLICANT/OWNER (S): Nick Young (applicant); John Roach, Helen Degennaro, and Gregg Markos (owners) APPROXIMATE AREA: 20,297 square feet (0.466 acres)
PRESENT ZONING: Mixed Use - Neighborhood (MU-N) COMPREHENSIVE PLAN: Community Commercial Center; Neighborhood
ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS
(X) SUBDIVISION REGULATIONS (X) DIGITAL PRESENTATION
Location Map
Site
ATTACHMENT 2
Planning Commission 2 Case Nos. WS-19-02 / Gemini Subdivision
JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case.
I. REQUEST Case No. WS-19-02 is an application for a major subdivision for property located at 10191 W. 38th Avenue. Eight (8) lots are proposed, with access easements and drainage easements also included in
the subdivision plat. A plat is required to facilitate a new duplex development on the site. The plat will
allow for fee simple ownership of each unit (similar to a townhome). Staff is reviewing a site plan application for the property, which is subject to administrative review only. Civil construction documents are under review by Public Works. Formal approval of the site plan
is contingent on the approval of the plat by City Council.
The purpose of a subdivision plat review is to confirm appropriate lot configuration, access, rights-of-way, easements, and utility service to the site for a land use that is already permitted by the underlying zoning.
II. EXISTING CONDITIONS/PROPERTY HISTORY The subject property is located in western Wheat Ridge, on the north side of W. 38th Avenue between Kipling Street and Lena Gulch. The site currently contains a single-family home (Exhibit 1, Aerial).
Lena Gulch is located to the north and northwest of the property.
The property is zoned Mixed Use – Neighborhood (MU-N). It was rezoned to MU-N in 2015 by City Council. The zoning map (Exhibit 2) shows a mix of zone districts in the area. The south side of W.38th Avenue is zoned Commercial-One (C-1) and includes the Morningstar assisted living facility and
Kipling Ridge shopping center. The property to the east is zoned Planned Commercial Development
(PCD) and contains a dentist office. Closer to Kipling Street, the property is zoned Mixed Use – Commercial (MU-C) and C-1, and contains a Circle K store that is under construction. The property to the west is zoned Residential-One (R-1) and contains a single-family home on a small lot. Across Lena Gulch to the northwest is the Cambridge Park Planned Residential Development (PRD).
The property is currently unplatted and is 20,297 square feet (0.466 acres). III. PROPOSED SUBDIVISION PLAT
Plat Document
The proposed plat document consists of two pages (Exhibit 3). The cover page includes a legal description of the property; signature blocks for the owners, City, surveyor, and County; standard declarations and notes; and easement notes. The second page consists of the plat map itself and a lot data table.
Lot Configuration The lot configuration matches corresponds to the proposed development pattern allowing for eight lots. Each lot is approximately 2,400 to 2,500 square feet and will function as townhome lots. The underlying zoning (MU-N) does not have minimum lot size standards or other dimensional
Planning Commission 3 Case Nos. WS-19-02 / Gemini Subdivision
requirements; however, MU-N does require minimum landscape coverage which is confirmed through the administrative site plan process. The lots are organized on the east and west sides of a central drive provided in an access easement. The outside boundaries of the site are not changing. The site has 145 feet of frontage on W. 38th Avenue.
Public Improvements & Right-of-Way Dedication When new properties are created through the subdivision process, staff reviews adjacent street improvements to confirm that they meet current roadway design standards. Four (4) feet of right-of-way is being dedicated along the 38th Avenue frontage to facilitate the construction of a 6-foot wide
detached sidewalk.
W. 38th Avenue from Lena Gulch (west of the property) to Johnson Street (east of Kipling Street) is subject to a transportation infrastructure improvement project in the 2020 budget cycle. Final designs are being reviewed by Public Works, which includes the addition of curb, gutter, and sidewalks where
there are none, amenity zones including street trees and pedestrian lights, and revised turning lanes on
38th Avenue at the Kipling Street intersection. Easements Several easements are created by this plat to allow adequate infrastructure and access. These include
the following:
• A cross-access, emergency access, and utility easement will run from W. 38th Avenue north into the site, bisecting the site and essentially creating a private alley serving all 8 lots.
• Two 8-foot wide drainage easements, one on the east and west side of the property.
• A 10-foot wide drainage easement between Lots 3 and 5, and Lots 4 and 6.
• Lena Gulch Drainage and Flood Control Easement in the extreme northwest corner of the site; no structures or development will be located in this area because of the 100-year floodplain
boundary.
Parkland Dedication The subdivision regulations include a parkland dedication requirement for all residential subdivisions based on the assumption that additional residents in the City will impact the demand for parks and
open space. When land is not dedicated for a public park, a fee is required in lieu. Per code and Council Resolution, the fee is $2,021.57 per unit in an urban renewal area to be paid at recordation. IV. AGENCY REFERRAL
All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Public Works: The plat document is approvable as of May 14, 2019. Civil construction documents are under review.
West Metro Fire Protection District: No concerns, can serve. Consolidated Mutual Water District: Can serve. Westridge Sanitation District: Can serve.
Planning Commission 4 Case Nos. WS-19-02 / Gemini Subdivision
Xcel Energy: No objections. Utility coordination is ongoing. Century Link: No comments. Comcast: No comments.
V. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the proposed subdivision plat results in a logical lot layout. Staff further
concludes that the subdivision plat complies with the standards in Article IV of the City Code
(subdivision regulations) and that all utility agencies can continue to serve the property. The plat will allow the development to proceed with construction. For these reasons, staff recommends approval of the subdivision plat.
VI. SUGGESTED MOTIONS
Option A: “I move to recommend APPROVAL of Case No. WS-19-02, a request for approval of a major subdivision on property located at 10191 W. 38th Avenue, for the following reasons:
1. All requirements of the subdivision regulations (Article IV) of the zoning and development
code have been met. 2. All agencies can provide services to the property with improvements installed at the developer’s expense.
With the following conditions:
1. Prior to recordation, the applicant shall pay the required fees-in-lieu of parkland dedication. 2. The developer shall enter into a subdivision improvement agreement and lot sale restriction covenant agreement prior to the recordation of the subdivision plat. 3. Prior to issuance of building permits, the developer shall provide homeowner’s association
covenants for review and approval by staff.
Option B:“I move to recommend DENIAL of Case No. WS-19-02, a request for approval of a major subdivision on property located at 10191 W. 38th Avenue, for the following reasons: 1. ...”
Planning Commission 5 Case Nos. WS-19-02 / Gemini Subdivision
EXHIBIT 1: AERIAL
Planning Commission 6 Case Nos. WS-19-02 / Gemini Subdivision
EXHIBIT 2: ZONING MAP
Planning Commission 7 Case Nos. WS-19-02 / Gemini Subdivision
Attached as an 11x17 document on the following page.
EXHIBIT 3: SUBDIVISION PLAT
Planning Commission Minutes -2 –
June 6, 2019
No one wished to speak at this time.
7.PUBLIC HEARING
A.Case No. WS-19-02: an application filed by John Roach for approval of an 8-lot
major subdivision for property zoned Mixed Use-Neighborhood (MU-N) located at
10191 West 38th Avenue.
Mr. Cutler gave a short presentation regarding the major subdivision 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 PETERSON asked to have Conditions 2 & 3 of the suggested
motion explained and if Staff looks at certain standards.
Mr. Cutler explained that the Subdivision Improvement Agreement (SIA) gets
signed after the plat has been approved by City Council and obligates the developer
to construct the public improvements such as sidewalk along 38th Avenue as well
as onsite improvements. He then explained that the lot sale restriction covenant
agreement is required by the City for any townhome development and that is an
assurance that certain things like a drive access to the lots will be built. Finally he
explained that the HOA Covenants is specific to sites to ensure common
maintenance areas such as the driveway and drainage area will be maintained.
Commissioner Peterson also asked what the orientation of the duplexes will be.
Mr. Cutler said one building will be on lots 1 & 3, lots 2 & 4, lots 5 & 7 and lots 6
& 8, totaling 4 buildings.
Commissioner SIMBAI asked if parking will be looked at in this subdivision case.
Mr. Cutler answered no that will be a part of the Site Plan.
Commissioner VOS wanted confirmed that there was public noticing for this case.
Mr. Cutler said that Public Hearing signs were posted and neighbors within a 300ft.
radius were notified by a mailing.
Commissioner VOS wanted the 3rd paragraph of page 3 in the Staff Report
explained.
Mr. Brossman said there will be a project on the east side of Kipling to Lena
Gulch. He explained Public Works is currently designing that particular area and
because this property falls within that project the City will be taking fees in lieu of
ATTACHMENT 3
Planning Commission Minutes - 3 –
June 6, 2019
some of the required infrastructure for the right-of-way (ROW) improvements
because the City is going to be constructing this project as a whole instead of in
pieces so there will continuity from beginning to end; the City is still in the design
phase currently.
Commissioner VOS asked what is being designed for this project.
Mr. Brossman explained the City is trying to fix the traffic situation at east bound
38th Avenue to north bound Kipling Street by adding extra turn lanes which means
the infrastructure needs to be completed to the west.
Commissioner VOS asked why there is no park on this site.
Mr. Cutler explained that the site is a little under half an acre and adjacent to the
Recreation Center.
Commissioner LEO asked about the easement on Lot 7 being released.
Mr. Brossman explained that the drainage way easement was wider than it needed
to be. Lena Gulch was rechanneled in the late 1980’s, meaning the channel
became smaller, but the easement stayed the same. He said that during
discussions with the current Flood Plain Administrator in Public Works it was
decided the easement could be reduced to make the land more useable.
Commissioner KERNS asked if the size of the sidewalk.
Mr. Brossman said there will be a 6ft. detached sidewalk with a 6ft. tree lawn with
an additional 4ft. of ROW.
Commissioner ANTOL asked if the 6ft. sidewalk is standard for this area or if it
should be 8ft.
Mr. Brossman said the standards are different for the different corridors and 6ft. is
standard for this corridor.
Jan Rose, Resident
10221 West 38th Avenue
Ms. Rose explained she is the resident to the west of this subdivision and her
concerns are:
The 50ft buildings potentially blocking her 24 solar panels.
Her property line and she does not want her fence modified during
construction because she has 2 dogs in the back yard.
Constructions trucks parking in front of her property.
Ms. Rose added that she would like to see her property rights protected.
Planning Commission Minutes - 4 –
June 6, 2019
Commissioner VOS asked about all the trees on the property and if any of them
will be saved. She also would like to see a conversation between the two property
owners with regards to concerns.
John Roach, Applicant
10220 West 26th Avenue, Lakewood
Mr. Roach explained there is only one tree on the property next to the current
house and maybe one more by the driveway and they will come out to put the units
in. The other trees are outside the property line and will not be touched. Mr.
Roach added he would like to have good relations with the neighbors and will
reach out to Ms. Rose about some of her concerns.
Mr. Cutler then responded to Ms. Rose’s concerns with regards to the duplex
building height. He said any residential building in the Mixed Use-Neighborhood
(MU-N) zone district is limited to 35ft. in height and there is a 20ft. setback for a
3rd floor if there is one and a 15ft. setback for the first 2 floors. He added the case
tonight is a subdivision and it is a use by right in the MU-N zone district to develop
the 8 units. Mr. Cutler explained that there could be more units on this site, but the
developer decided to do fewer.
Commissioner PETERSON had concerns about the blocking of Ms. Rose’s solar
concerns and asked if an expert could look at the solar panel concern.
Commissioner KERNS commented on the solar panels and said they are oriented
south and west, there are none oriented southeast or east and due to this orientation
a 35ft. building located to the east will not affect the solar exposure.
Commissioner KERNS also commented on the parking lane in front of Ms. Rose’s
property and said it is a public ROW and it is legal for anyone to park there.
However, she can call code enforcement regarding the constant running of the
diesel trucks while parked there.
Mr. Brossman added the work in the street should be done soon.
It was moved by Commissioner LEO and seconded by Commissioner
PETERSON to recommend APPROVAL of Case No. WS-19-02, a request for
approval of a major subdivision on property located at 10191 W. 38th Avenue,
for the following reasons:
1. All requirements of the subdivision regulations (Article IV) of the
zoning and development code have been met.
2. All agencies can provide services to the property with improvements
installed at the developer’s expense.
With the following conditions:
Planning Commission Minutes - 5 –
June 6, 2019
1. Prior to recordation, the applicant shall pay the required fees-in-lieu
of parkland dedication.
2. The developer shall enter into a subdivision improvement agreement
and lot sale restriction covenant agreement prior to the recordation of
the subdivision plat.
3. Prior to issuance of building permits, the developer shall provide
homeowner’s association covenants for review and approval by staff.
Motion carried 7-0.
B. Case No. WS-19-03: an application filed by Redland for approval of a Major
Subdivision with right-of-way (ROW) dedication for property zoned Mixed Use-
Commercial (MU-C) located at 4331 Vance Street.
Ms. Stevens gave a short presentation regarding the major subdivision and the
application. She entered into the record the contents of the case file, packet
materials, the zoning ordinance, and the contents of the digital presentation. She
stated the public notice and posting requirements have been met, therefore the
Planning Commission has jurisdiction to hear this case.
Commissioner PETERSON asked where 43rd Avenue terminates.
Ms. Stevens explained that 43rd Avenue will connect to an access easement that is
currently on the west side of the property which will help the flow of traffic to and
from 44th Avenue.
Commissioner PETERSON then inquired if there will be a right only from the
access easement onto 44th Avenue.
Mr. Brossman added that the median on 44th Avenue will be elongated to prohibit
left turns into and out of the drive.
Commissioner PETERSON also asked about the open space proposed for the north
end of the lot 3 project and who can use this.
Ms. Stevens said it is primarily meant to be a park/open space for the Town Center
residents in lots 1-3, but others can use it as well.
Commissioner PETERSON said he has concerns about the residents crossing
Vance with increased traffic.
Commissioner VOS asked if the only reason to extend 43rd Avenue is to have
better access to 44th Avenue via the access easement. She also inquired who will
be paying for the connection.
ITEM NO: DATE: June 24, 2019
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 36-2019 – A RESOLUTION APPROVING A MAJOR SUBDIVISION WITH RIGHT-OF-WAY
DEDICATION FOR PROPERTY ZONED MIXED USE
COMMERCIAL (MU-C) LOCATED AT 4331 VANCE STREET
(CASE NO. WS-19-03 / TOWN CENTER NORTH SUBDIVISION FILING NO. 3)
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ _____________________________ Community Development Director City Manager
ISSUE:
The applicant is requesting approval of a re-subdivision with right-of-way dedication on property zoned Mixed Use-Commercial and located on the south side of West 44th Avenue between Vance Street and Wadsworth Boulevard (4331 Vance Street). The purpose of the proposed plat is to establish a developable lot for multifamily construction as well as dedication of a new public street
and publicly accessible (but privately owned) open space.
PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on June 6, 2019 and recommended approval of the major subdivision for the following reasons:
1. All agencies can provide services to the property with improvements installed at the
developer’s expense.2. The requirements of Article IV of the zoning and development code have been met.3. The subdivision will facilitate development of the site in compliance with the approvedConcept Plan.
5
Council Action Form – Town Center North Subdivision Filing No. 3
June 24, 2019
Page 2 With the following conditions:
1. The revisions requested by the Public Works Department related to labels, notes, and typos shall be addressed prior to the City Council public hearing. 2. The developer shall enter into a subdivision improvement agreement prior to recordation of the subdivision plat.
The first condition has been addressed by the applicant, and is therefore not included in City Council’s recommended motion. Attached are the staff report and draft meeting minutes from the June 6 Planning Commission meeting, as well as the revised plat addressing the previously mentioned condition of approval.
FINANCIAL IMPACT: Fees in the amount of $1,555 were collected for the review and processing of Case No. WS-19-03. Park land fees in lieu of land dedication were waived as part of the original subdivision approval. Building permit fees and use tax will be required at time of building permit and for all site work
and right-of-way permits.
BACKGROUND: Existing Conditions The property is located on the south side of West 44th Avenue between Vance Street and
Wadsworth Boulevard (4331 Vance Street). The property is zoned Mixed Use-Commercial (MU-
C) and is subject to compliance with an existing concept plan entitled Town Center North, which was approved in 2011. This site is the third phase of the overall 7.8-acre Town Center North project. The first and second phase on Lots 1 and 2, immediately to the east of the subject site, contain affordable senior apartments. The subject site is vacant and planned for development of
age restricted, market rate apartments. The majority of the surrounding area is zoned MU-C and
primarily contain retail and restaurant uses. To the southeast of the development, across 43rd Avenue, lies a residential neighborhood zoned R-2. The Town Center North properties were originally acquired by the City’s Urban Renewal
Authority in 2008 and 2009, and at the time contained one vacant lot, a large parking lot, an old
transmission shop and a large antique store which were demolished in 2010. The Town Center North properties and surrounding sites were rezoned to MU-C and the Town Center North Concept Plan was approved to help advance redevelopment of a priority area within the City in 2010. Phases one and two of the Town Center North project were approved in 2011 and 2014
respectively.
Proposed Plat The primary purpose of this plat is not to reconfigure the lot, but rather to dedicate the public street and create appropriate easements. The lot has been reduced in size to reserve right-of-way
dedication that will accommodate the extension of 43rd Avenue. The plat dedicates the new street
on the south side of the property as Tract A. The dedication width is 56 feet which will accommodate curb and gutter, as well as an attached sidewalk and parallel parking on the north
Council Action Form – Town Center North Subdivision Filing No. 3
June 24, 2019
Page 3 side. Additionally, a public access easement is shown along the west side of the lot where the
existing private access drive will be maintained and upgraded to include an attached sidewalk. A
subdivision improvement agreement will be required which will obligate the developer to construct all perimeter and interior improvements. Easements are being proposed to accommodate emergency access and public access on the west side, public access to the open space on the north, and drainage and utilities.
Publicly Accessible Open Space As part of the original subdivision application that was approved in 2011, there was a request for a waiver from the parkland dedication requirement, which was presented to the Parks & Recreation Commission, Planning Commission, and City Council as part of the subdivision approval. As a
result, no fees were paid in lieu, but the approval required that 0.15 acres of public open space be
designed as part of the project. This obligation has been deferred to the subject property and is provided within a public access easement containing 0.24 acres on the north side of the lot. RECOMMENDATIONS: A subdivision plat is a technical document and review is a ministerial action. The plat complies
with the requirements of the subdivision regulations (Article VII in Chapter 26 of the Municipal Code) and is consistent with the approved Concept Plan. For that reason, staff is recommending approval of the request. RECOMMENDED MOTION:
“I move to approve Resolution No. 36-2019, a resolution approving a major subdivision with right-of-way dedication for property zoned Mixed Use Commercial (MU-C) located at 4331 Vance Street (Case No. WS-19-03/Town Center North Subdivision Filing No. 3), for the following reasons:
1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation of approval.
3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the
Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer’s expense. 5. The subdivision will facilitate development of the site in compliance with the approved
Town Center North Concept Plan.
With the following condition: 1. The developer shall enter into a subdivision improvement agreement prior to recordation of
the subdivision plat.
Or,
Council Action Form – Town Center North Subdivision Filing No. 3
June 24, 2019
Page 4 “I move to deny Resolution No. 36-2019, a resolution approving a major subdivision with right-
of-way dedication for property zoned Mixed Use Commercial (MU-C) located at 4331 Vance
Street (Case No. WS-19-03/Town Center North Subdivision Filing No. 3), for the following reasons: 1.
2.
3. ” REPORT PREPARED/REVIEWED BY: Stephanie Stevens, Senior Planner
Scott Cutler, Planner II
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 36-2019
2. Planning Commission Staff Report
3. Planning Commission Draft Meeting Minutes 4. Proposed Plat – Town Center North Subdivision Filing No. 3
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 36
SERIES OF 2019
TITLE: A RESOLUTION APPROVING A MAJOR SUBDIVISION WITH RIGHT-OF-WAY DEDICATION FOR PROPERTY ZONED MIXED USE COMMERCIAL (MU-C) LOCATED AT
4331 VANCE STREET (CASE NO. WS-19-03 / TOWN CENTER NORTH SUBDIVISION FILING NO. 3) WHEREAS, Chapter 26, Article IV of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of Subdivision Plats; and,
WHEREAS, an application for a subdivision plat with right-of-way dedication was received from Redland to re-subdivide Lot 1 of the Town Center North Subdivision in the Mixed Use Commercial zone district; and,
WHEREAS, all referral agencies have reviewed the request and do not have
concerns; and, WHEREAS, all requirements of the zoning code and Subdivision Regulations have been met; and,
WHEREAS, the City Council has conducted a public hearing complying with all public notice requirements as required by Section 26-109 of the Code of Laws. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO, AS FOLLOWS: A MAJOR SUBDIVISION WITH RIGHT-OF-WAY DEDICATION FOR PROPERTY ZONED MIXED USE COMMERCIAL (MU-C) LOCATED AT 4331 VANCE STREET (CASE NO. WS-19-03 / TOWN CENTER NORTH SUBDIVISION FILING NO. 3) IS
HEREBY APPROVED FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission,
which has forwarded its recommendation of approval.
3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer’s expense.
5. The subdivision will facilitate development of the site in compliance with the
approved Town Center North Concept Plan. With the following condition: 1. The developer shall enter into a subdivision improvement agreement prior to
recordation of the subdivision plat.
ATTACHMENT 1
DONE AND RESOLVED by the City Council this 24th day of June, 2019.
By:
_____________________________
Bud Starker, Mayor
ATTEST: _________________________
Janelle Shaver, City Clerk
Planning Commission 1
Case No. WS-19-03 / Town Center North Subdivision Flg. No. 3
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Planning Commission MEETING DATE: June 6, 2019
CASE MANAGER: Stephanie Stevens
CASE NO. & NAME: WS-19-03 / Town Center North Subdivision Flg. No. 3
ACTION REQUESTED: Request for approval of a re-subdivision with right-of-way dedication
LOCATION OF REQUEST: South side of W. 44th Avenue between Vance Street and Wadsworth Boulevard
(4331 Vance Street)
APPLICANT (S): Redland
OWNER (S): Tyler Downs, Olive Street Development, LLC
APPROXIMATE AREA: 120,877 square feet (2.7750 acres)
PRESENT ZONING: Mixed Use-Commercial (MU-C)
PRESENT LAND USE: Vacant with planned multi-family residential
ENTER INTO RECORD:
(X)CASE FILE & PACKET MATERIALS (X)SUBDIVISION REGULATIONS
(X)ZONING ORDINANCE (X)DIGITAL PRESENTATION
Location Map
Site
ATTACHMENT 2
Planning Commission 2
Case No. WS-19-03 / Town Center North Subdivision Flg. No. 3
JURISDICTION:
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this
case.
I. REQUEST
The applicant is requesting approval of a re-subdivision with right-of-way dedication on property
zoned Mixed Use-Commercial and located on the south side of West 44th Avenue between Vance
Street and Wadsworth Boulevard (4331 Vance Street). The purpose of the proposed plat is to establish
a developable lot for multifamily construction as well as dedication of a new public street and publicly
accessible (but privately owned) open space.
This application constitutes a re-subdivision of Lot 3, Town Center North Subdivision, to be known as
Lot 1, Town Center North Subdivision Filing No. 3, which is currently vacant land. Staff is currently
in process of reviewing a concurrent site plan which proposes a 4-story, 140-unit apartment building
on the subject site. This project represents the third and final phase of the Town Center North
development located immediately to the east, of which the previous phases one and two site plans were
approved in 2011 and 2014 respectively.
Because of right-of-way dedication of a new public street, the application is being processed as a major
subdivision. This requires Planning Commission to make a recommendation to City Council who is
the final authority for approval.
II. EXISTING CONDITIONS
The property is located on the south side of West 44th Avenue between Vance Street and Wadsworth
Boulevard (4331 Vance Street) (Exhibit 1, Aerial). The property is zoned Mixed Use-Commercial
(MU-C) and is subject to compliance with an existing concept plan entitled Town Center North, which
was approved in 2011. This site is the third phase of the overall 7.8-acre Town Center North project.
The first and second phase on Lots 1 and 2, immediately to the east of the subject site, contain
affordable senior apartments. The subject site is vacant and planned for development of age restricted,
market rate apartments. The majority of the surrounding area is zoned MU-C and primarily contain
retail and restaurant uses (Exhibit 2, Zoning). To the southeast of the development, across 43rd
Avenue, lies a residential neighborhood zoned R-2.
The Town Center North properties were originally acquired by the City’s Urban Renewal Authority in
2008 and 2009, and at the time contained one vacant lot, a large parking lot, an old transmission shop
and a large antique store which were demolished in 2010. A brief history of development approvals
since the time the City’s Urban Renewal Authority acquired the property is outlined as follows:
x In 2010, the Town Center North properties and surrounding sites were rezoned to MU-C to
help advance redevelopment of a priority area within the City.
x In 2011, the Town Center North property was subdivided into 3 lots known as Town Center
North Subdivision. A concept plan and site plan were approved which allowed for
development of the first phase of the project, an 88-unit senior apartment building on Lot 2
(directly east of subject site).
Planning Commission 3
Case No. WS-19-03 / Town Center North Subdivision Flg. No. 3
x In 2014, a concept plan amendment, subdivision plat, and site plan were approved which
allowed for development of the second phase of the project, a 50-unit senior apartment building
on Lot 1 (northeast of subject site).
III. PROPOSED SUBDIVISION PLAT
Plat Document
The current application is called Town Center North Subdivision Filing No. 3 and is considered a
replat of Lot 3, Town Center North Subdivision which was originally approved in 2011.
The proposed plat document consists of two sheets. The first sheet includes a legal description of the
property; signature blocks for the owner, City, surveyor and County; and standard declarations and
notes. The second sheet includes the proposed lot layout, including lot lines, tracts, and easements
(Exhibit 3, Proposed Plat – Town Center North Subdivision Filing No. 3).
Lot Configuration
There is no change to the total number of lots in the project. The lot has been reduced in size to
reserve right-of-way dedication that will accommodate the extension of 43rd Avenue. The primary
purpose of this plat is not to reconfigure the lot, but rather to dedicate the public street and create
appropriate easements.
Public Improvements
Since the original concept plan, the project area has anticipated the extension of W. 43rd Drive. The
plat dedicates the new street on the south side of the property as Tract A. Note 1 on the cover sheet
clarifies the purpose of Tract A as dedication of right-of-way (extending 43rd Avenue). The dedication
width is 56 feet which will accommodate curb and gutter, as well as an attached sidewalk and parallel
parking on the north side. Additionally, a public access easement is shown along the west side of the
lot where the existing private access drive will be maintained and upgraded to include an attached
sidewalk. A subdivision improvement agreement will be required which will obligate the developer to
construct all perimeter and interior improvements.
Publicly Accessible Open Space
The original 2011 subdivision for this lot and the adjacent senior apartments pre-dates the City’s
updates to the parkland dedication requirements. At the time, there was substantially more discretion
and inconsistency in how the parkland dedication requirement was applied.
As part of the original subdivision application, there was a request for a waiver from the parkland
dedication requirement, which was presented to the Parks & Recreation Commission, Planning
Commission, and City Council as part of the subdivision approval. As a result, no fees were paid in
lieu, but the approval required that 0.15 acres of public open space be designed as part of the project.
This obligation has been deferred to the subject property and is provided within a public access
easement on the north side of the lot. The open space is required to be publicly accessible, and Note
2.A on the cover sheet establishes this access. It will be designed to include sitting areas and walking
paths available to the residents of the three apartment buildings, nearby employees and the general
public.
Planning Commission 4
Case No. WS-19-03 / Town Center North Subdivision Flg. No. 3
Drainage
This application does not modify the design of the drainage system, in which stormwater will be
detained via the existing shared underground drainage system on Lot 1 of the Town Center North
Subdivision. That system was previously designed to accommodate the additional impervious surface
contemplated for the subject property.
Easements
Easements being proposed to change with the subject plat include:
x A 27.5’ emergency access easement is proposed along the existing ingress and egress easement
the borders the site on the west side, to provide for fire access and public access.
x A public access easement containing 0.2397 acres is proposed along the north property line to
fulfill park land dedication requirements for the overall subdivision in compliance with the
Town Center North concept plan of record.
x A 15’ drainage easement is proposed on the norther portion of the site to house the storm sewer
pipe.
x An existing 5’ utility and drainage easement along the southern property boundary is proposed
to be abolished; utilities and drainage infrastructure will be accommodated within the proposed
right-of-way.
No other easements for the site have changed as part of this application.
IV. AGENCY REFERRALS
As part of the preceding land use case applications, the project had been referred to all affected service
agencies and the applicant is actively working with all agencies. Because the lot line adjustments do
not represent a fundamental change in the nature of the development or agencies’ ability to serve the
project, the updated plat was sent on a limited referral. Referral responses include the following:
Wheat Ridge Public Works: The plat has been reviewed and is approvable pending a few
minor revisions related to labels, notes, and typos; this is included as a condition of approval.
Wheat Ridge Building Division: No objections to the proposed subdivision modifications.
Wheat Ridge Police Department: No objections to the proposed subdivision modifications.
Wheat Ridge Urban Renewal Authority: No objections to the proposed subdivision
modifications, and finds this development does not conflict with the Wadsworth Corridor
Urban Renewal Plan.
West Metro Fire Protection District: No objections to proposed subdivision modifications.
Noted requirements for continued coordination during plan review and development.
Xcel Energy: No objections to proposed subdivision modifications. Noted requirements for
continued coordination during utility design and development.
Century Link: No objections to proposed subdivision modifications.
Planning Commission 5
Case No. WS-19-03 / Town Center North Subdivision Flg. No. 3
Wheat Ridge Sanitation District: No objections to proposed subdivision modifications.
Noted requirements for continued coordination during utility design and development.
No comments were received from Wheat Ridge Parks and Recreation, Wheat Ridge Water District, or
Comcast. Referral recipients are advised that no comment received indicates having no objections or
concerns regarding the proposal.
V. STAFF CONCLUSIONS AND RECOMMENDATIONS
Staff concludes that the proposed subdivision plat results in a logical lot layout for the proposed future
development. Staff further concludes that the subdivision plat complies with the standards in Article
IV of the zoning and development code (subdivision regulations) and that all utility agencies can serve
the property with improvements installed at the developer’s expense. For these reasons, staff
recommends approval of the subdivision plat with the conditions listed below.
VI. SUGGESTED MOTIONS
Option A: “I move to recommend APPROVAL of Case No. WS-19-03, a request for approval of a re-
subdivision with right-of-way dedication on property zoned Mixed Use-Commercial (MU-C) and
located at 4331 Vance Street, for the following reasons:
1. All agencies can provide services to the property with improvements installed at the
developer’s expense.
2. The requirements of Article IV of the zoning and development code have been met.
3. The subdivision will facilitate development of the site in compliance with the approved
Concept Plan.
With the following condition:
1. The revisions requested by the Public Works Department related to labels, notes, and typos
shall be addressed prior to the City Council public hearing.
2. The developer shall enter into a subdivision improvement agreement prior to recordation of the
subdivision plat.
Option B: “I move to recommend DENIAL of Case No. WS-19-03, a request for approval of a re-
subdivision with right-of-way dedication on property zoned Mixed Use-Commercial (MU-C) and on
the south side of West 44th Avenue between Vance Street and Wadsworth Boulevard (4331 Vance
Street), for the following reasons:
1.
2. …”
Planning Commission 6
Case No. WS-19-03 / Town Center North Subdivision Flg. No. 3
The subject site is outlined in blue.
EXHIBIT 1: AERIAL
Lot 3 Lot 2
Lot 1
Planning Commission 7
Case No. WS-19-03 / Town Center North Subdivision Flg. No. 3
The subject site is outlined in blue.
EXHIBIT 2: ZONING MAP
R-2
C-1
MU-C
R-C
R-2
Planning Commission 8
Case No. WS-19-03 / Town Center North Subdivision Flg. No. 3
[see attached]
EXHIBIT 3: PROPOSED PLAT –
TOWN CENTER NORTH
SUBDIVISION FILING NO. 3
EXHIBIT 3 OF THE PLANNING COMMISSION STAFF REPORT HAS
BEEN INTENTIONALLY REMOVED FROM THE COUNCIL ACTION FORM.
A REVISED PLAT IS PROVIDED AS A SEPARATE ATTACHMENT.
Planning Commission Minutes - 5 –
June 6, 2019
1. Prior to recordation, the applicant shall pay the required fees-in-lieu
of parkland dedication.
2. The developer shall enter into a subdivision improvement agreement
and lot sale restriction covenant agreement prior to the recordation of
the subdivision plat.
3. Prior to issuance of building permits, the developer shall provide
homeowner’s association covenants for review and approval by staff.
Motion carried 7-0.
B. Case No. WS-19-03:an application filed by Redland for approval of a Major
Subdivision with right-of-way (ROW) dedication for property zoned Mixed Use-
Commercial (MU-C) located at 4331 Vance Street.
Ms. Stevens gave a short presentation regarding the major subdivision and the
application. She entered into the record the contents of the case file, packet
materials, the zoning ordinance, and the contents of the digital presentation. She
stated the public notice and posting requirements have been met, therefore the
Planning Commission has jurisdiction to hear this case.
Commissioner PETERSON asked where 43rd Avenue terminates.
Ms. Stevens explained that 43rd Avenue will connect to an access easement that is
currently on the west side of the property which will help the flow of traffic to and
from 44th Avenue.
Commissioner PETERSON then inquired if there will be a right only from the
access easement onto 44th Avenue.
Mr. Brossman added that the median on 44th Avenue will be elongated to prohibit
left turns into and out of the drive.
Commissioner PETERSON also asked about the open space proposed for the north
end of the lot 3 project and who can use this.
Ms. Stevens said it is primarily meant to be a park/open space for the Town Center
residents in lots 1-3, but others can use it as well.
Commissioner PETERSON said he has concerns about the residents crossing
Vance with increased traffic.
Commissioner VOS asked if the only reason to extend 43rd Avenue is to have
better access to 44th Avenue via the access easement. She also inquired who will
be paying for the connection.
Case No.WS-19-03:
ATTACHMENT 3
Planning Commission Minutes - 6 –
June 6, 2019
Mr. Brossman explained it is part of a logical transportation network and if for
some reason the restaurant to the west were to ever redevelop or go away, then 43rd
could go straight through to Wadsworth Blvd, but this is something CDOT would
have to approve also. He added the developer will be paying for the 43rd Avenue
connection.
Commissioner VOS then asked about the entry into the building and which
direction it will face and if the access easement will be improved.
Ms. Stevens said that there will be an internal parking garage and the building
wraps on all 4 sides along with entries on all 4 sides of the building. She added
that the access easement will be improved to street standards.
Commissioner LEO asked if this is still owned by the City’s Urban Renewal
Authority.
Ms. Stevens confirmed it was until it was economically viable and then handed to
the developer and is still a part of the Wadsworth Urban Renewal area.
Commissioner PETERSON he has concerns about the access easement becoming a
shortcut through the Big Lots parking lot.
Ms. Stevens said this is being looked at to mitigate, but parking lots are public and
can be driven through.
Commissioner VOS asked the applicant if he wanted 43rd extension or the City.
Tyler Downs, Applicant
1801 Broadway, Denver
Mr. Downs explained the extension of 43rd Avenue was a request by the City and is
fine with it to complete the transportation grid.
Commissioner VOS asked about the orientation of the doors to the apartments,
how many stories the building will be and if there will be any retail.
Mr. Downs explained the apartment will be accessed from common hallways
indoors; the buildings are 4 stories same as the other 2 buildings and while it was
explored, there will not be any retail.
It was moved by Commissioner KERNS and seconded by Commissioner LEO
to recommend APPROVAL of Case No. WS-19-03, a request for approval of a
re-subdivision with right-of-way dedication on property zoned Mixed Use-
Commercial (MU-C) and located at 4331 Vance Street, for the following
reasons:
Planning Commission Minutes - 7 –
June 6, 2019
1. All agencies can provide services to the property with improvements
installed at the developer’s expense.
2. The requirements of Article IV of the zoning and development code
have been met.
3. The subdivision will facilitate development of the site in compliance
with the approved Concept Plan.
With the following conditions:
1. The revisions requested by the Public Works Department related to
labels, notes, and typos shall be addressed prior to the City Council
public hearing.
2. The developer shall enter into a subdivision improvement agreement
prior to recordation of the subdivision plat.
Motion carried 7-0.
C. Case No. WS-19-01: an application filed by Riverside Terrace, LLC for approval
of a major subdivision for property zoned Residential-Three (R-3) to allow for 18
single-family townhome units located at 11661 West 44th Avenue.
Mr. Cutler gave a short presentation regarding the major subdivision 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 PETERSON asked what the cross access drive would look like with
respect to the property to the northwest.
Mr. Cutler explained that the upper Tract C will make the connection between this
property and the property to the northwest; the City would request that there be a
continuous drive and sidewalk connection, if the adjacent property moves forward.
Commissioner PETERSON asked what Tract C will look like if the property to the
northwest does not move forward.
Mr. Cuter said that the Arvada Fire District would require a fire truck turn around
and there would be a permanent easement put in which would be a separate
recorded agreement.
Commissioner SIMBAI asked when the outbuildings were demolished in 2019 and
who will be responsible for the streetlights.
2322 24
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A REPLAT OF LOT 3, TOWN CENTER NORTH SUBDIVISION,
SITUATED IN THE SOUTHEAST 1/4 OF SECTION 23,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M.,
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON,
STATE OF COLORADO
SHEET 1 OF 2
TOWN CENTER NORTH SUBDIVISION FILING NO. 3
ATTACHMENT 4
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TOWN CENTER NORTH SUBDIVISION FILING NO. 3
A REPLAT OF LOT 3, TOWN CENTER NORTH SUBDIVISION,
SITUATED IN THE SOUTHEAST 1/4 OF SECTION 23,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M.,
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON,
STATE OF COLORADO
SHEET 2 OF 2
ITEM NO: DATE: June 24, 2019
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION 37-2019 - A RESOLUTION APPROVING THE SERVICE PLAN FOR THE RIDGETOP VILLAGE
METROPOLITAN DISTRICT
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ City Attorney City Manager
ISSUE: City Council is asked to approve the service plan for the Ridgetop Village Metropolitan District, a taxing district to be used to finance certain improvements for a residential development. Service plan approval is the means by which the City oversees the creation
of such districts, which are ultimately approved for formation by the district court.
PRIOR ACTION: The Council received a presentation from legal counsel for the project developer at a study session on June 3, 2019, during which the legal counsel described the purposes for creation of the district.
FINANCIAL IMPACT: No financial impacts on the City. The District would be authorized to impose a mill levy on the properties within the District for the purpose of supporting bonds for construction of improvements and for the purpose of maintaining them.
BACKGROUND: On May 13, 2019, City Council approved a zone change from Residential-Three (R-3) to Planned Residential Development (PRD) with an Outline Development Plan for property located at 4000 to
6
Council Action Form – Service Plan for Ridgetop Village
June 24, 2019
Page 2 4066 Upham Street for a 38-unit townhome project. The City received a draft Service Plan for the
Ridgetop Metropolitan District on March 26, 2019.
The proposed Service Plan describes and sets forth those powers and authorities the District shall have as allowed by Colorado law. The exercise of such powers, however, will at all times be governed by and subject to the terms of a City IGA. State law allows local governments to exert
significant control over the organization and operation of special districts. The service plan
approval process is the key to exercising that control. Metropolitan districts in Colorado are a common tool for financing the public infrastructure portion of development projects. All special districts in Colorado organized under Title 32 of the
Colorado Revised Statutes (C.R.S.) are required to file a service plan with the city council of the
municipality in which the district is proposed. The purpose of the District is to provide public infrastructure improvements within and without the Property. The District will acquire and/or design, finance, construct and install public improvements for the use and benefit of the residents and taxpayers located with the boundaries of the District.
RECOMMENDATION: Staff recommends approval of the resolution. RECOMMENDED MOTION: “I move to approve Resolution No. 37-2019, a resolution approving the Service Plan for
the Ridgetop Village Metropolitan District.” Or,
“I move to postpone indefinitely Resolution No. 37-2019, a resolution approving the
Service Plan for the Ridgetop Village Metropolitan District, for the following reason(s): ” REPORT PREPARED BY; Gerald Dahl, City Attorney
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 37-2019
2. Service Plan for Ridgetop Village Metropolitan District
1
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 37
Series of 2019 TITLE: A RESOLUTION APPROVING THE SERVICE PLAN FOR THE RIDGETOP VILLAGE METROPOLITAN DISTRICT WHEREAS, the Ridgetop Village Metropolitan District (“District”) is being organized pursuant to the Colorado Special District Act §§ 32-1-101, et seq., C.R.S.; and WHEREAS, the District has submitted the District’s Service Plan for City Council
approval (the “Service Plan”), a copy of which is attached hereto as Exhibit A and incorporated
herein by reference; and WHEREAS, the Service Plan provides for the District’s provision and financing of public improvements and services for the development of a residential project within the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: 1) The above and foregoing recitals are incorporated herein by reference and are adopted as
findings and determinations of the City.
2) The City further finds and determines that all applicable requirements of §§ 32-1-202(2), 32-1-203(2) and 32-1-204.5, C.R.S. relating to the submittal and requirements of the Service Plan and the consideration thereof by the City, have been met.
3) Based upon the Service Plan, the City hereby determines as follows: a) The Service Plan meets the requirements of § 32-1-202(2), C.R.S. regarding the contents thereof.
b) The Service Plan meets the requirements of § 32-1-203(2) as follows:
i) The Service Plan demonstrates a sufficient existing and projected need for service in the area to be serviced by the District.
ii) Without the District, the existing service in the area is inadequate to serve the services proposed to be provided within the District’s boundaries.
iii) The District is capable of providing economical and sufficient service to the
area within its proposed boundaries.
iv) The area included within the District’s boundaries and financing mechanisms contemplated in the Service Plan have, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis.
ATTACHMENT 1
2
4) Pursuant to § 32-1-204.5(1), C.R.S., the City does hereby approve the Service Plan as
submitted to the City on March 26, 2019.
5) A certified copy of this Resolution shall be attached to the Service Plan as Exhibit E, filed in the records of the City, and the Petition for Organization of the District shall be required to comply with all other filings required by law.
6) All resolutions or parts thereof in conflict with the provisions hereof shall be and the same are hereby repealed. DONE AND RESOLVED this 24th day of June, 2019.
By: _____________________________
Bud Starker, Mayor
ATTEST:
______________________________ Janelle, Shaver, City Clerk
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ITEM NO: DATE: June 24, 2019
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 38-2019 – A RESOLUTION APPROVING A MAJOR SUBDIVISION WITH RIGHT-OF-WAY
DEDICATION FOR PROPERTY ZONED PLANNED MIXED
USE DEVELOPMENT (PMUD) AND PLANNED
COMMERCIAL DEVELOPMENT (PCD) LOCATED AT THE SOUTHWEST QUADRANT OF HIGHWAY 58 AND I-70 (CASE NO. WS-19-04 / CLEAR CREEK CROSSING SUBDIVISION FILING NO. 3)
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ _____________________________________
Community Development Director City Manager
ISSUE: The applicant is requesting approval of a 13-lot subdivision, which includes 3 tracts and right-of-
way dedication, on property zoned Planned Mixed Use Development (PMUD) and Planned Commercial Development (PCD). The subject plat is focused on the realignment and re-dedication of the West 40th Avenue and Clear Creek Drive right-of-ways to alleviate conflicts with Denver Water utilities and easements. The purpose of a subdivision plat review is to confirm appropriate lot configuration, access, rights-of-way, easements and utility service to enable future
development.
PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on June 6, 2019 and
recommended approval of the major subdivision for the following reasons:
1. All agencies can provide services to the property with improvements installed at thedeveloper’s expense.
7
Council Action Form – Clear Creek Crossing Subdivision Filing No. 3
June 24, 2019
Page 2 2. The requirements of Article IV of the zoning and development code have been met.
3. The subdivision will facilitate development of the site in compliance with the approved
Outline Development Plan. With the following conditions:
1. The revisions requested by the Public Works Department related to cross access and the
future Regional Transportation District bus transfer station shall be addressed prior to the City Council public hearing. 2. An updated Title Commitment shall be provided prior to recordation of the plat.
The first condition has been addressed by the applicant, and is therefore not included in City
Council’s recommended motion. Attached are the staff report and draft meeting minutes from the June 6 Planning Commission meeting, as well as the revised plat addressing the previously mentioned condition of approval. FINANCIAL IMPACT:
Fees in the amount of $4,414 were collected for the review and processing of Case No. WS-19-04. Parkland dedication or fees in lieu will be required prior to issuance of building permit for any new residential development within the subject plat. Building permit fees and use tax will be required for each building permit and for all site work and right-of-way permits.
BACKGROUND:
Existing Conditions The property is undeveloped, with the exception of a portion of the local road network having been built (40th Avenue underpass and short extension). Additionally, Clear Creek traverses the
northern end of the site, and a Coors water storage pond is located in the southwest corner of the
site, adjacent to Applewood Golf Course. Approximately 60% of the land area included in this subdivision is zoned Planned Mixed Use Development, and owned by Evergreen-Clear Creek Crossing, LLC and its partners. The remaining 40% is zoned Planned Commercial Development (part of the original Coors/Cabela’s Outline Development Plan) and is owned by Coors Brewing
Company. This proposed subdivision is a re-subdivision of the plat that was approved in 2011 and
re-subdivided in 2018. Properties to the west are located in unincorporated Jefferson County, and are generally water storage facilities for Coors and the Applewood Golf Course. Highway 58 is located to the north,
along with some industrially zoned properties. Properties directly to the south are generally
highway oriented commercial uses, including a gas station, hotel and restaurants, all part of the 70 West Business Center Planned Commercial Development. Properties adjacent to the southwest include larger lot single-family homes located in unincorporated Jefferson County. Across I-70 to the east is the Applewood Village shopping center with various retail/restaurant uses.
Council Action Form – Clear Creek Crossing Subdivision Filing No. 3
June 24, 2019
Page 3 Proposed Plat
The proposed subdivision document is comprised of twelve pages and establishes thirteen parcels
that are oriented towards the dedicated right-of-way for Clear Creek Drive and the dedicated right-of-way for 40th Avenue across 210 acres. The lots range from 3.0 acres to 28.6 acres in size. The need for this replat is based on the relationship between the Clear Creek Drive right-of-way and the Denver Water easement that traverses the site. The proposed reconfiguration of right-of-way
to minimize impacts on the Denver Water easement affects the alignment of the intersection at W.
40th Avenue. A right-of-way exhibit is attached to illustrate this change. There are not significant changes to the lot configuration; the only impact on lot configuration reflected in Filing No. 3 are to the lots directly adjacent to the intersection of Clear Creek Drive and West 40th Avenue which have adjusted slightly in size in response to the reconfiguration of right-of-ways to accommodate
Denver Water utilities and easements.
Easements and Notes Notes have been added to clarify Denver Water easement limitations, cross-access requirements, required trail connections, and to designate an area for a future Regional Transportation District
(RTD) bus transfer station to guarantee continued service of high priority bus service lines.
RECOMMENDATIONS: A subdivision plat is a technical document and review is a ministerial action. The plat complies with the requirements of the subdivision regulations (Article VII in Chapter 26 of the Municipal
Code) and is consistent with the approved ODP. For that reason, staff is recommending approval
of the request. RECOMMENDED MOTION: “I move to approve Resolution No. 38-2019, a resolution approving a major subdivision with
right-of-way dedication for property zoned Planned Mixed Use Development (PMUD) and
Planned Commercial Development (PCD) located at the southwest quadrant of Highway 58 and I-70 (Case No. WS-19-04 / Clear Creek Crossing Subdivision Filing No. 3), for the following reasons:
1. City Council has conducted a proper public hearing that meets all public notice
requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the
Code of Laws.
4. All agencies can provide services to the property with improvements installed at the developer’s expense. 5. The subdivision will facilitate development of the site in compliance with the approved Outline Development Plan.
With the following condition: 1. An updated Title Commitment shall be provided prior to recordation of the plat.”
Council Action Form – Clear Creek Crossing Subdivision Filing No. 3
June 24, 2019
Page 4
Or,
“I move to deny Resolution No. 38-2019, a resolution approving a major subdivision with right-of-way dedication for property zoned Planned Mixed Use Development (PMUD) and Planned Commercial Development (PCD) located at the southwest quadrant of Highway 58 and I-70 (Case
No. WS-19-04 / Clear Creek Crossing Subdivision Filing No. 3), for the following reasons:
1. 2. 3. ”
REPORT PREPARED/REVIEWED BY: Stephanie Stevens, Senior Planner Scott Cutler, Planner II
Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 38-2019 2. Planning Commission Staff Report
3. Planning Commission Draft Meeting Minutes
4. Right-of-Way Exhibit 5. Proposed Plat – Clear Creek Crossing Subdivision Filing No. 3
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 38
SERIES OF 2019
TITLE: A RESOLUTION APPROVING A MAJOR SUBDIVISION WITH RIGHT-OF-WAY DEDICATION FOR PROPERTY ZONED PLANNED MIXED USE DEVELOPMENT (PMUD)
AND PLANNED COMMERCIAL DEVELOPMENT (PCD) LOCATED AT THE SOUTHWEST QUADRANT OF HIGHWAY 58 AND I-70 (CASE NO. WS-19-04 / CLEAR CREEK CROSSING SUBDIVISION FILING NO. 3)
WHEREAS, Chapter 26, Article IV of the Wheat Ridge Code of Laws establishes
procedures for the City’s review and approval of subdivision plats; and, WHEREAS, an application for a subdivision plat with right-of-way dedication was received from Evergreen-Clear Creek Crossing, LLC to subdivide the Clear Creek
Crossing property in the Planned Mixed Use Development and Planned Commercial
Development zone districts; and, WHEREAS, all referral agencies have reviewed the request and do not have concerns; and,
WHEREAS, all requirements of the zoning code and Subdivision Regulations have been met; and, WHEREAS, the City Council has conducted a public hearing complying with all
public notice requirements as required by Section 26-109 of the Code of Laws.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS:
A MAJOR SUBDIVISION WITH RIGHT-OF-WAY DEDICATION FOR PROPERTY ZONED PLANNED MIXED USE DEVELOPMENT (PMUD) AND PLANNED COMMERCIAL DEVELOPMENT (PCD) LOCATED AT THE SOUTHWEST QUADRANT OF HIGHWAY 58 AND I-70 (CASE NO. WS-19-04 / CLEAR CREEK CROSSING SUBDIVISION FILING NO. 3) IS HEREBY APPROVED FOR THE
FOLLOWING REASONS: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission,
which has forwarded its recommendation of approval.
3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer’s expense.
ATTACHMENT 1
5. The subdivision will facilitate development of the site in compliance with the approved Outline Development Plan.
With the following condition: 1. An updated Title Commitment shall be provided prior to recordation of the plat.
DONE AND RESOLVED by the City Council this 24th day of June, 2019.
By:
_____________________________
Bud Starker, Mayor
ATTEST: _________________________
Janelle Shaver, City Clerk
Planning Commission 1
Case No. WS-19-04 / Clear Creek Crossing Subdivision Filing No. 3
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Planning Commission MEETING DATE: June 6, 2019
CASE MANAGER: Stephanie Stevens
CASE NO. & NAME: WS-19-04 / Clear Creek Crossing Subdivision Filing No. 3
ACTION REQUESTED: Request for approval of a major subdivision to realign and re-dedicate the 40th
Avenue and Clear Creek Drive intersection
LOCATION OF REQUEST: West of I-70 between Highway 58 and approximately 32nd Avenue
APPLICANT (S): Evergreen-Clear Creek Crossing, LLC
OWNER (S): Evergreen-Clear Creek Crossing, LLC, Coors Brewing Company, Sisters of
Charity Leavenworth Health System, Inc.
APPROXIMATE AREA: 9,189,928 square feet (210.97 acres)
PRESENT ZONING: Planned Mixed Use Development (PMUD) & Planned Commercial Development (PCD)
PRESENT LAND USE: Vacant, Clear Creek, Coors water storage facility
ENTER INTO RECORD:
(X)CASE FILE & PACKET MATERIALS (X)SUBDIVISION REGULATIONS
(X)ZONING ORDINANCE (X)DIGITAL PRESENTATION
Location Map
Site
ATTACHMENT 2
Planning Commission 2
Case No. WS-19-04 / Clear Creek Crossing Subdivision Filing No. 3
JURISDICTION:
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this
case.
I. REQUEST
The applicant is requesting approval of a 13-lot subdivision, which includes 3 tracts and right-of-way
dedication, on property zoned Planned Mixed Use Development (PMUD) and Planned Commercial
Development (PCD). The property was originally subdivided in 2011, and replatted in 2018 as Clear
Creek Crossing Subdivision Filing No. 2 in response to Evergreen’s purchase of a large portion of the
previously subdivided property and the need to align with the development scenario that was approved
in the Clear Creek Crossing Outline Development Plan in 2018. The subject plat is focused on the
realignment and re-dedication of the West 40th Avenue and Clear Creek Drive right-of-ways to
alleviate conflicts with Denver Water utilities and easements. Because of right-of-way dedication of
new public streets, the application is being processed as a major subdivision. This requires Planning
Commission to make a recommendation to City Council who is the final authority for approval.
The purpose of a subdivision plat review is to confirm appropriate lot configuration, access, rights-of-
way, easements and utility service to enable future development.
II. EXISTING CONDITIONS
The property is commonly known as Clear Creek Crossing, and is located west of Interstate 70, south
of Highway 58, and north of the existing development near 32nd Avenue. A portion of the site was
rezoned to Planned Mixed Use Development (PMUD) in 2018 with an Outline Development Plan
(ODP) in anticipation of a new mixed-use development, while a portion of the property remains zoned
Planned Commercial Development (PCD), subject to the development plan that was approved in 2011.
See Exhibit 1 for a detail of these boundaries.
Much of the land within the subdivision is vacant. A portion of this area is traversed by Clear Creek, a
portion is occupied by a Coors water storage facility, and a portion of the local road network has been
built within the subdivision boundary (40th Avenue underpass and short extension) (Exhibit 2, Aerial).
The subject property consists of parcels of land annexed into the City in 2005 and 2011, as part of the
former Cabela’s development scenarios. Previously, the subject property was used as a gravel mine
and an animal hospital once occupied a portion of the site.
Surrounding Land Uses and Zoning
Properties to the west are generally water storage facilities for Coors and the Applewood Golf Course,
some of which are located within the City of Wheat Ridge and zoned Planned Commercial
Development (PCD) with very limited uses. The area further west (including the Golf Course) is
located in unincorporated Jefferson County. The Clear Creek open space corridor is located within the
subdivision boundaries and extends east and west. Properties to the north of Highway 58 are zoned
Planned Industrial Development (PID) as part of the 44th Industrial Park. Properties directly to the
south are generally highway oriented commercial uses, including a gas station, hotel and restaurants,
all zoned PCD per the 70 West Business Center development plans and amendments. Properties
adjacent to the southwest include larger lot single-family homes located in unincorporated Jefferson
Planning Commission 3
Case No. WS-19-04 / Clear Creek Crossing Subdivision Filing No. 3
County. Across I-70 to the east is the Applewood Village shopping center with various retail/restaurant
uses (Exhibit 3, Zoning).
III. PROPOSED SUBDIVISION PLAT
Plat Document
The proposed plat document consists of twelve pages (Exhibit 4, Proposed Plat - Clear Creek
Crossing Subdivision Filing No. 3). The first three pages include a legal description of the property;
signature blocks for the owners, City, surveyor and County; data tables; and standard declarations and
notes. Pages 4 through 7 show all of the current easements, right-of-way and lot lines being vacated
and/or removed by this plat. Pages 8 through 11 show all of the easements, right-of-way, and lot lines
being dedicated and/or established by this plat. Page 12 is an overall view of proposed conditions
showing the full extent of the subdivision.
Right-of-Way Modifications
The need for this replat is based on the relationship between the Clear Creek Drive right-of-way and
the Denver Water easement that traverses the site. Essentially, as civil construction designs progressed
over the last year, it became apparent that the right-of-way needed to shift to the northeast to minimize
overlap with the Denver Water easement. This shift affects the alignment of the intersection at W. 40th
Avenue. Comparison of sheets 6 and 10 illustrate this change.
Lot Configuration
The site is over 210 acres divided into 3 tracts and 13 parcels that are oriented towards Clear Creek
Drive 40th Avenue right-of-ways. The lots range from 3.0 acres to 28.6 acres in size, and those which
are located within the ODP boundary (Exhibit 1, ODP and Subdivision Boundaries) will facilitate the
development of the mixed-use center approved by City Council in March 2018. The areas outside of
the ODP boundary are owned by Coors. They are included with this proposed subdivision plat, as they
were part of the original 2011 plat, but are not foreseen to facilitate any development at this point in
time.
At the request of staff and for the purpose of clarity, the plat has been formatted as a replat and all
existing lot lines and tracts are shown as being removed and re-dedicated. There are not significant
changes to the lot configuration; the only impact on lot configuration reflected in Filing No. 3 are to
the lots directly adjacent to the intersection of Clear Creek Drive and West 40th Avenue which have
adjusted slightly in size in response to the reconfiguration of right-of-ways to accommodate Denver
Water utilities and easements. This approach of replatting along with the inclusion of vacation and
dedication sheets is the most appropriate way to process this kind of request and will provide clarity
for future land owners and staff.
Public Improvements
As part of the 2018 subdivision plat, the applicant executed a Subdivision Improvement Agreement
(SIA), obligating them to construct public improvements throughout the site, including Clear Creek
Drive, 40th Avenue, and sidewalks throughout the site. There is no change to this obligation and no
change to the SIA as part of this application.
In 2016, Wheat Ridge voters passed ballot question 2E, which approved a sales tax increase to fund
certain improvements within the City. As part of that measure, approximately $10 million was
allocated to the Clear Creek Crossing development to fund the construction of the I-70 hook ramps,
which provide access to the site directly from I-70, improve the current ramps at 32nd Avenue, and
Planning Commission 4
Case No. WS-19-04 / Clear Creek Crossing Subdivision Filing No. 3
connect to the right-of-way dedicated for Clear Creek Drive. There is no change to this work which is
expected to commence by early July 2019.
Drainage
There are no changes to the drainage design from what was approved with Subdivision Filing No. 2 in
2018. The storm drainage system was adequately analyzed and designed to capture and convey runoff
from the development and adjacent tributary areas. This runoff will flow north to Clear Creek
generally following historical drainage patterns. To accommodate water quality treatment, an existing
wetlands area at the northern end of the site will be utilized as a wetlands water quality pond. All of
the runoff from the site will be directed into one of two future forebay ponds and then into the water
quality treatment pond. Runoff flows exceeding the water quality storm event will bypass the water
quality pond and will be conveyed directly into Clear Creek by means of diversion structures at both
the east and west forebay ponds.
Easements and Notes
As the project has progressed over the last year, additional information has informed the need for
updates to several easement notes. These modifications retain the intent of the 2018 plat and ODP and
provide additional clarity. The only substantive changes to easements include:
1) The existing 80-foot wide Denver Water line easement that traverses the site will remain in
place, and is proposed to increase in width to 84-feet south of the Clear Creek Drive and 40th
Avenue intersection. A note relating to the limitations of the easement has been placed on page
2 of the plat per Denver Water’s request.
2) Staff requested that the cross access easement note #18 on page 2 be revised for clarity to
ensure both pedestrian and vehicular access is provided between Block 1, Lot 1 and Block 1,
Lot 2, and between Block 4, Lot 1 and Block 4, Lot 2, to conform to the designated internal
roadway network as set forth in the Outline Development Plan. Due to the uncertainty of the
final designs of each lot at this time, this easement may be platted by separate document, but
must be in place prior to the issuance of building permits for either lot impacted. Public Works
has requested that the note language be revised as a technicality to meet surveying
requirements. Thus, staff has placed a recommended condition of approval to revise the plat
per Public Works comments prior to City Council public hearing.
3) Notes have also been added to allow limited access and require a future secondary trail along
Block 1, Lot 1 to connect to the Clear Creek regional trail. See notes 16 and 17 on page 2 of
the plat.
4) Lastly, staff has requested that a specific area be reserved for a future Regional Transportation
District (RTD) bus transfer station within the Clear Creek Crossing Subdivision in order to
guarantee continued service of high priority service lines. The applicant/owner has placed a
note to require future right-of-way dedication within Block 4, Lot 1 to accommodate the future
RTD bus transfer station. Due to uncertainty of final design of the RTD station at this time,
this right-of-way may be dedicated at a later date, and shall occur upon request of the City at
the responsibility of the owner. See note #22 on page 2 of the plat. Public Works has
requested that the language be revised and the area of future right-of-way be delineated in the
form of a tract to meet subdivision standards. Thus, staff has placed a recommended condition
of approval to revise the plat per Public Works comments prior to City Council public hearing.
This transfer station would replace the station that was previously located at the Applewood
Village Shopping Center. RTD is actively exploring several possible locations including in
Clear Creek Crossing.
Planning Commission 5
Case No. WS-19-04 / Clear Creek Crossing Subdivision Filing No. 3
All other notes and easements were previously approved with Clear Creek Crossing Subdivision Filing
No. 2 and have been carried over in Filing No. 3.
IV. AGENCY REFERRALS
All affected service agencies were contacted for comment on the subdivision plat regarding the ability
to serve the property. The developer will be responsible for the needed upgrades/installation to
accommodate the proposed development. Specific referral responses follow.
City of Wheat Ridge Public Works: Has reviewed several versions of the plat, and has minor
issues related to plat notes to be addressed prior to City Council public hearing. This has been
included as a condition of approval. The Public Works Department has previously reviewed
and approved the Master Drainage Plan and Final Drainage Report.
City of Wheat Ridge Parks and Recreation: Commented regarding the need for
easement/agreement updates to accommodate City access to the trail for maintenance.
Easements have been updates accordingly and the developer is committed to working with
Parks and Recreation on agreement updates.
West Metro Fire Protection District: Commented regarding potential access impairments
related to the proposed Denver Water easement and note. The language was revised to address
these concerns.
Consolidated Mutual Water District: No objections to the proposed subdivision. Noted
requirements for continued coordination during utility design and development.
Denver Water: Commented to coordinate Denver Water plat notes. All issues have been
resolved.
Jefferson County Planning Department: No objections to the proposed subdivision.
Urban Drainage and Flood Control District: Commented regarding the existing conditions
along Clear Creek, and the ongoing desire to work with the developer on incorporating Clear
Creek as an amenity to the site.
Wheat Ridge Police Department: No objections to the proposed subdivision.
Century Link: No objections to the proposed subdivision.
Xcel Energy: Acknowledged the platted utility easements. Communicated the need for 10’
perimeter easements at time of development of each lot.
Regional Transportation District (RTD): Commented about the possibility of incorporating a
bus transfer station into the development. A note has been added to the plat to require future
right-of-way dedication within Block 4, Lot 1.
Dwaine Richter (Owner of vacant parcels directly south of the subdivision): Commented
related to the impact that the project has on access to the 70 West Business Center property.
Planning Commission 6
Case No. WS-19-04 / Clear Creek Crossing Subdivision Filing No. 3
The developer continues to work privately with the adjacent property owner to resolve
concerns.
No comments were received from City of Wheat Ridge Economic Development, Applewood
Sanitation District, Longs Peak Metro District, Comcast, Colorado Department of Transportation, or
Prospect Recreation and Parks District. Referral recipients are advised that no comment received
indicates having no objections or concerns regarding the proposal.
V. STAFF CONCLUSIONS AND RECOMMENDATIONS
Staff concludes that the proposed subdivision plat results in a logical lot layout for the proposed future
development. Staff further concludes that the subdivision plat complies with the standards in Article
IV of the zoning and development code (subdivision regulations) and that all utility agencies can serve
the property with improvements installed at the developer’s expense. For these reasons, staff
recommends approval of the subdivision plat with the conditions listed below.
VI. SUGGESTED MOTIONS
Option A: “I move to recommend APPROVAL of Case No. WS-19-04, a request for approval of a
major subdivision to realign and re-dedicate the 40th Avenue and Clear Creek Drive intersection on
property zoned Planned Commercial Development (PCD) and Planned Mixed Use Development
(PMUD) located west of Interstate 70, south of Highway 58 and north of 32nd Avenue approximately,
for the following reasons:
1. All agencies can provide services to the property with improvements installed at the
developer’s expense.
2. The requirements of Article IV of the zoning and development code have been met.
3. The subdivision will facilitate development of the site in compliance with the approved Outline
Development Plan.
With the following conditions:
1. The revisions requested by the Public Works Department related to cross access and the future
Regional Transportation District bus transfer station shall be addressed prior to the City
Council public hearing.
Option B: “I move to recommend DENIAL of Case No. WS-19-04, a request for approval of a major
subdivision to realign and re-dedicate the 40th Avenue and Clear Creek Drive intersection on property
zoned Planned Commercial Development (PCD) and Planned Mixed Use Development (PMUD)
located west of Interstate 70, south of Highway 58 and north of 32nd Avenue approximately, for the
following reasons:
1.
2. …”
Planning Commission 7
Case No. WS-19-04 / Clear Creek Crossing Subdivision Filing No. 3
EXHIBIT 1: ODP & SUBDIVISION BOUNDARY
Planning Commission 8
Case No. WS-19-04 / Clear Creek Crossing Subdivision Filing No. 3
EXHIBIT 2: AERIAL
Planning Commission 9
Case No. WS-19-04 / Clear Creek Crossing Subdivision Filing No. 3
EXHIBIT 3: ZONING MAP
Planning Commission 10
Case No. WS-19-04 / Clear Creek Crossing Subdivision Filing No. 3
[see attached]
EXHIBIT 4: PROPOSED PLAT-
CLEAR CREEK CROSSING SUBDIVISION
FILING NO. 3
EXHIBIT 4 OF THE PLANNING COMMISSION STAFF REPORT HAS
BEEN INTENTIONALLY REMOVED FROM THE COUNCIL ACTION FORM.
A REVISED PLAT IS PROVIDED AS A SEPARATE ATTACHMENT.
Planning Commission Minutes - 11 –
June 6, 2019
The Planning Commissioners wondered why the two developments are not being
heard as one case. Mr. Cutler explained that the two developments have different
zoning; one review is more intensive while the one being decided on today did not
need a zone change and all the development standards are being met and that is
why staff is recommending approval. Commissioner ANTOL would like to see
that type of information in the Staff Report, but still respecting what is quasi-
judicial.
There was also discussion on withdrawing the previous motion prior to a vote so
it can be continued to a later date. In doing so the Planning Commission can hear
the Case on 4440 Tabor Street to help them make a decision on this case.
Mr. Cutler read from the bylaws Part B of the voting section:“In the event a
motion fails to receive a majority vote, it shall conclusively be presumed that no
action has been taken, and it shall be required that a second motion be made,
seconded, and adopted by majority vote indicating the definite action (either
granting or refusing the requested action).” Mr. Cutler also explained the need for
the Planning Commission to provide reasons for the denial, if the there is a second
motion and majority vote to deny. Ms. Stevens added that if a motion is made to
refuse the denial, then there could be another motion made to continue this case to
a date certain.
It was moved by Commissioner VOS and seconded by Commissioner
SIMBAI to refuse requested action on denial.
Motion passed 7-0.
It was moved by Commissioner LEO and seconded by Commissioner
ANTOL to postpone WS-19-01 until July 18 after the adjacent property, the
4440 Tabor Case, is heard on June 20 for additional information.
Motion passed 7-0.
D. Case No. WS-19-04:an application filed by Evergreen-Clear Creek Crossing for
approval of a major subdivision with right-of-way (ROW) dedication for property
zoned Planned Mixed Use Development (PMUD) located at the SW quadrant of
Hwy 58 and I-70.
Ms. Stevens gave a short presentation regarding the major subdivision and the
application. She entered into the record the contents of the case file, packet
materials, the zoning ordinance, and the contents of the digital presentation. She
stated the public notice and posting requirements have been met, therefore the
Planning Commission has jurisdiction to hear this case.
Commissioner SIMBAI inquired about the concern from the property owner to the
south.
Case No.ase N WS-19--04::
ATTACHMENT 3
Planning Commission Minutes - 12 –
June 6, 2019
Ms. Stevens said there is some reconfiguration of Clear Creek Drive that is
occurring and impacts his property.
Mr. Brossman added that there is going to be a median on Clear Creek Drive that
will prohibit some of the traffic movement into his subdivision. Some
accommodations are being made to allow access to the existing Frontage Road. It
is still under design, but the City is working through the issues with him.
Commissioner KERNS asked where the possible site for the RTD bus station will
be.
Ms. Stevens explained it is currently reserved to be in Block 4 Lot 1, preferably in
the Denver Water Easement. She mentioned the decision should be official in the
next 6 months.
Commissioner LARSON asked where the I-70 hook ramps are located.
Ms. Stevens said they are platted on the southeast side of the subdivision.
Commissioner LARSON also asked why the change in the ROW.
Ms. Stevens explained that Denver Water made some changes to their pipe size
which could impact the road so they asked if it could be shifted a little bit.
Mr. Brossman added that due to the width change along with the depth of the pipe
Denver Water needed some extra room to maintain the pipe.
It was moved by Commissioner VOS and seconded by Commissioner SIMBAI
to recommend APPROVAL of Case No. WS-19-04, a request for approval of a
major subdivision to realign and re-dedicate the 40th Avenue and Clear Creek
Drive intersection on property zoned Planned Commercial Development
(PCD) and Planned Mixed Use Development (PMUD) located west of
Interstate 70, south of Highway 58 and north of 32nd Avenue approximately,
for the following reasons:
1. All agencies can provide services to the property with improvements
installed at the developer’s expense.
2. The requirements of Article IV of the zoning and development code
have been met.
3. The subdivision will facilitate development of the site in compliance
with the approved Outline Development Plan.
With the following conditions:
Planning Commission Minutes - 13 –
June 6, 2019
1. The revisions requested by the Public Works Department related to
cross access and the future Regional Transportation District bus
transfer station shall be addressed prior to the City Council public
hearing.
2. An updated Title Commitment shall be provided prior to recordation
of the plat.
Motion carried 7-0.
8. OLD BUSINESS
9. NEW BUSINESS
The next Planning Commission meeting will be held on June 20, 2019.
10. ADJOURNMENT
It was moved by Commissioner PETERSON and seconded by Commissioner
SIMBAI to adjourn the meeting at 10:09 p.m. Motion carried 7-0.
__________________________ _______________________________
Scott Ohm, Chair Tammy Odean, Recording Secretary
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“”
“”
“”
CLEAR CREEK CROSSING SUBDIVISION FILING NO. 3
A REPLAT OF CLEAR CREEK CROSSING SUBDIVISION FILING NO. 2 (REC.2018063556)
SITUATED IN SECTIONS 19, 20, 29, & 30, TOWNSHIP 3 SOUTH,
RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO
SHEET OF 12 SHEETS
MARTIN/MARTIN
C O N S U L T I N G E N G I N E E R S
12499 WEST COLFAX AVENUE, LAKEWOOD, COLORADO 80215
303.431.6100 MARTINMARTIN.COM
NOTES
SHEET 2 OF 12
2
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