HomeMy WebLinkAbout02/26/2007 6:30 p.m. Pre-Meeting ~~!tl~~ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING Februa{V 26. 2007 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF Februarv 12. 2007 PROCLAMATIONS AND CEREMONIES Government Purchasing Month March 2007 CITIZENS' RIGHT TO SPEAK 1. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA Item 1. CONSENT AGENDA: A. Approve RFP-07-10 Police Vehicle Equipment & Installation Not-to- Exceed $52,740.00. B. Approve RFB-05-42 On Call Storm Sewer Cleaning & Repair Service Renewal Option Not-to-Exceed $50,000.00. C. Award of ITB-07-o3 Wheat Ridge Middle School BOA Installation; RFB- 07-11 Activities Guide/Parks and Recreation; RFB-07-23 Radar Speed Display Signs; and RFB-07 -24 Survey Equipment Re-Bid Prior to Final Bid Approval ana Staff Recommendation. D. Award ITB-07-19 2007 Crack Seal Project in the Amount of $49,069.00. CITY COUNCIL AGENDA: February 26, 2007 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Public Hearing on a Request for a Special Use Permit and Front Setback Variance for property located at 4975 Kipling Street. (Case No. SUP-07-01 & WA-07-02lQuail) DECISIONS. RESOLUTIONS. AND MOTIONS Item 2. Item 3. Board and Commission Appointments. Item 4. Wheat Ridge Foundation Appointments. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT ---..."--. ." ".'.: ' ". " . ". - .... . .' '" . i, :.", . ' , '. . '. . .. -.. " '.' . -, . . , '. CITY OF WHEAT RIDGE, COLORADO Februarv 12. 2007 Mayor DiTullio called the Regular City Council Meeting to order at 7:06 p.m. Councilmembers present: Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, Mike Stites, and Terry Womble. Also present: City Clerk, Michael Snow; City Manager, Randy Young; City Attorney, Gerald Dahl; Director of Comrnunity Development, Alan White; Director of Public Works, Tim paranto; Joyce Manwaring, Director of Parks and Recreation; Police Chief, Dan Brennan; Deputy City Manager, Patrick Goff; staff; and interested citizens. APPROVAL OF MINUTES OF Januarv 22.2007 Motion by Mrs. Sang for approval of the Minutes of January 22, 2007; seconded by Mr. Schultz; carried 8-0. CITIZENS' RIGHT TO SPEAK Mary Cavan'a presented a gift of $10k to the Wheat Ridge Foundation, on behalf of her daughter Leslie Cavarra Buttorff for the Wheat Ridge High School Field Project. Leslie was on the very first Girl's Basketball and Volleyball Teams and she always believed that the good academic foundation that she gained at Wheat Ridge, along with the spirit of competition, gave her the background to go forward in COllege and the business world and form her own consulting company. She is happy to give something back to the community and the High School and she knows there are other alums out there who have had a successful experience and she hopes they step up and put this project over the top. Roger Lasher, commended Wheat Ridge snow removal crews. He is concerned about the proposed 162 foot width of Wadsworth Blvd. Mr. Lasher believes this is excessive and suggested we start on a much smaller scale. Itern1. CONSENT AGENDA A. Ratification of the expenditure in the amount of $51,170.00 to Brannon Construction Company for the purposes of snow removal services. B. Approval of the Renewal ofthe 2007 Microsoft Enterprise Agreement in the amount of $62,887.48. C. RESOLUTION 07-2007 - AMENDING THE FISCAL YEAR 2007 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE REAPPROPRIATION AND REENCUMBRANCE OF 2006 FISCAL YEAR ENCUMBERED FUNDS IN THE AMOUNT OF $959,561.72. CITY COUNCIL MINUTES: February 12, 2007 Page -2- D. RESOLUTION 08-2007 - AMENDING THE FISCAL YEAR 2007 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $11,999 FOR THE PURCHASE OF CHANNEL 8 COMMUNITY BULLETIN BOARD SOFTWARE LICENSES AND RENEWAL OF THE ANNUAL MAINTENANCE AGREEMENT FOR THE COMMUNITY BULLETIN BOARD EQUIPMENT. E. RESOLUTION 09-2007 - ADOPTING AN INTERGOVERNMENTAL AGREEMENT WITH THE JEFFERSON COUNTY SCHOOL DISTRICT, NO. R-1, FOR THE INSTALLATION OF A RADIO BI- DIRECTIONAL AMPLIFIER AT WHEAT RIDGE MIDDLE SCHOOL. Consent Agenda was introduced and read by Mr. Womble. Mr. Womble asked to pull ItemB. Motion by Womble for approval of Consent Agenda Items A, C, 0 and E; seconded by Mrs. Rotola; carried 7-1 with Mr. Gokey voting no. Motion by Mr. Womble to bring Item B. to a Study Session on February 20 and bring it back to a regular meeting on February 26; seconded by Mrs. Sang; tied 4-4. Mayor DiTullio broke the tie by voting no. Motion failed 5-4. Motion by Mr. Schulz for approval of Item 1. B.; seconded by Mrs. Rotola; carried 5-3 with Councilmembers Womble, Gokey, and Sang voting no. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING, Item 2. RESOLUTION 06-2007 - ADOPTING THE WADSWORTH CORRIDOR SUBAREA PLAN. (To be continued to the March 26, 2007 meeting) Resolution 06-2007 was introduced by Mr. Stites, who also read the executive summary. Motion by Mr. Stites to continue this Item to the March 26, 2007 meeting; seconded by Mrs. Sang; carried 7-1 with Mrs. Rotola voting no. -~.~. CITY COUNCIL MINUTES: February 12, 2007 Page -3- DECISIONS. RESOLUTIONS. AND MOTIONS Item 3. Award Contract extension SOQ-06-21 GIS Implementation Phase III, increasing the contract from $170,420.00 to $325,420.00. Item 3 was introduced by Mr. Schulz, who also read the Executive Summary. Motion by Mr. Schultz to award the contract extension, in the amount of $170,420.00, forSOQ-06-21, the GIS Implementation Phase III, to Flatirons, Inc. of Boulder, Colorado for a not to exceed total contract amount of $325,420.00. I further move that all costs associated with this contract be paid from Acct. No. 30-610-800-872, and that these funds be encumbered for the length of the project in accordanc~ with Ordinance No. 787,1989 Series; seconded by Mrs. Adams; carried 6-2 with Councilmembers Gokey and Womble voting no. Item 4. Housing Authority Appointment. Motion by Mrs. Adams to ratify the mayoral appointment of Lena Rotola to the Housing Authority, term to expire March, 2011; and Katherine Nuanes, term ending in 2012; seconded by Mr. Stites; carried 8-0. Item 5. Wheat Ridge Foundation appointment. Motion by Mrs. Adams to appoint Patrick Mulligan to the Wheat Ridge Foundation, term to expire March 2, 2009; seconded by Mr. Stites; carried 8-0. CITY MANAGER'S MATTERS Mr. Young thanked and commended all City employees involved in the hard work during snow removal. ELECTED OFFICIALS' MATTERS Mr. DiTullio thanked the Cavarra family for their donation. This puts us almost close to getting the upper two fields completed. The next town meeting with local and state elected officials is March 3, 2007 from 9:00 - 11 :00 a.m. at the Dahlia Room in the Wheat Ridge Rec Center. The April and May locations are to be determined by Sue Schafer since the Rec Center is reserved. Dirt Task Force will have their first meeting on February 14. CITY COUNCIL MINUTES: February 12, 2007 Page -4- Mrs. Sang thanked the 10 people who showed up at the District II meeting. She thanked staff for coming out and doing a great job. Mr. Stites thanked Mary Cavarra for her daughter's donation. Meeting adjourned at 7:34 p.m. /Lt~~ Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON FEBRUARY 26,2007 BY A VOTE OF _ to_ Mike Stites, Mayor pro tern The preceding Minutes were prepared according to ~7 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the rnembers. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. PROCLAMATION 60\fERNMENT PURCHASIN6 MOJ.~ J. t1 March 2007 w.ru,AIlAS, government purchasing organizations in the State of Colorado are committed to the highest ideals of honor and integrity in order to merit the respect and confidence of the state and the pubic which they serve; and w.ru,AEAS, Colorado proVides an enviromnent where all organizations are afforded an equal opportunity to compete for state business; and w.ru,AIlAS, governmental purchasing organizations are to be commended for their diligent pursuit of efficiency in the operation of state government through their commitment to seeking goods and services of the highest value in terms of quality and price to maximize the benefit proVided to the citizens of this state; NOW, Tlu,.lU!.J.' ORE, on behalf of the City Council I do hereby proclaim March 2007 GO'" &J:U'!VUl.!' & PURCHASING MONTH IN w&t.,&SS w.ru,.lU!.OF, I do hereby set my hand and Seal of the City of Wheat Ridge this 26th day of February, 2007. Jerry DiTullio, Mayor Michael Snow, City Clerk ITEM NO: It Al REQUEST FOR CITY COUNCIL ACTION '. COUNCIL MEETING DATE: March 26, 2007 TITLE: APPROVE RFP-07-10 POLICE VEmCLE EQillPMENT & INSTALLATION NOT-TO-EXCEED $52,740.00 o PUBLIC HEARING [gI BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicial: o Yes [gI No ~1dr Director of Public Works ci~1 EXECUTIVE SUMMARY: On January 30, 2007, four (4) proposals were received for the Police Vehicle Equipment & Installation. All proposals met the initial bid requirements. Interviews and reference checks were conducted. The number one ranked firm was Wireless Advanced Communications, Inc of Evans, Colorado, based on their proposal cost of $8,790.00 per vehicle, references and previous work with other agencies. Staffrecommends "pp'v val of the Police Vehicle Equipment & Installation wul."ct to Wireless Advanced Communications, Inc. of Evans, Colorado to outfit six police vehicles for a total cost of $52,740.00. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Four (4) proposals for the Police Vehicle Equipment & Installation, RFP-07-l0 were received on January 30, 2007. The initial proposals ranged from $8,790.00 to $12,073.12 per vehicle. Staff's estimate of the work was $14,167.00 per vehicle. The lowest proposal was from Wireless Advanced Communications, Inc. of Evans, Colorado in the amount of $8,790.00 per vehicle. Staff conducted interviews on February 12, 2007 with three (3) bidders and, based upon the quantitative results of these interviews and proposal prices, a consensus was reached by Staff to recommend award to Wireless Advanced Communications, Inc. The 2007 Budget includes the purchase, installation, and/or relocation of auxiliary equipment required for the operation of police vehicles, along with the installation oflighting, communication and computer equipment. AI- TERNATIVES CONSIDERED: No approval and the Police Vehicle Equipment & Installation Contract will not be awarded. FINANCIAL IMPACT: The funds for the Police Vehicle Equipment & Installation proposal are budgeted in the Fleet Replacement line item, account number 01-303-700-807, of the 2007 Public Works Operations budget of$233,000.00. RECOMMENDED MOTION: "1 move to approve the RFP-07-l0, Police Vehicle Equipment 7 Installation to Wireless Advanced Communications, Inc. of Evans, Colorado, in the amount of their proposal of$8,790,00 per vehicle. 1 further move that this allocation be paid from account number 01-303-700-807, and that these funds be encumbered in accordance with Ordinance #787, 1989 Series." or, "I move to deny approval of RFP-07-IO, Police Vehicle Equipment & Installation to Wireless Advanced Communications, Inc. of Evans, Colorado for the following reason(s) " Report Prepared by: Reviewed by: Greg Knudson, Operations Manager Tim Paranto, Director of Public Works Linda Trimble, purchasing Agent Attachments:. 1. Bid Tabulation Sheet 9\OIl'ROl'OS'"- tlO, Opt;NEO aY RFP-07-'\0 Unda Trimble, purchasing Agen 9\OOllEO"~ W\TlIESSEO BY 0'\130107 by 4:00 pm Julie pavel, purchas\~ ASS\Stz.n~ t<EOU"i;, ".G oEl'volV\SlON puaUC WORKS ?f<GE-i-- Of - \ - T - \ - \ '1-e~ "1 es . ~eS' .\ les \ ~eS .~€..S 'ies \ ~eS i-e.S 'ie.s ~es \- ~~ ~-e.S 'le ~ 'ie.s 'le~ \ 'k~ 'ies id:> ~ ~.e.,~ it~ 'i-es ~e.S 'i-e.S 'ie..~ ies. '1es \?, 0'12- I'd. II ;~4. 11 \0, qq~ .'1.1 '1" ~"I0.(j) , -,' ."" .., - \ \ ----- ------------ --,,-'- -------- CITY OF WHeAT RIDGE BID TABULATION PROJECT: VEHICLE EQUIPMENT & INSTALLATION - - - VENOOR lW- -rech 'e)et,~{C.s. , tJevJ'(1Ie.<fCO U).W.S' E\fIe,<,~Qj~ ~.,:~"~~~~ (~ '. ..~- <"",j . . ~1-____ 1.- -=m:~~d~'f'~'''~ ^ -, J' '- 'fi:~'~~""o.:.I."" ~i-~~~~~~': ,;..;,~- ~ ;;'j~~:'. .. .. SIGNATURE PAGE QUALlFICAilONS EXPERIENCE APPROACH ILLEGAL ALle:N FORM FEE SCHEDULE ACKNOWLEDGE ADDENDUM #1 . ~ A}1OllNT '2'&t VEJ{ICL1!. J:\SIO TABUlAilON SHEE'f5\RFP-G1-10,dOC '('f~\e. lom'((ll.u)lc.&.-Plrls.' ~013;WIC~;'~\'4'\',t;~J:l' t;'0:~,r; No &~a. t \ J ~'!!';ig.i> ~ ~'O - Q o ~ ~LORl\tA ITEM NO: ~ ' REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: February 26,2007 IITLE: APPROVE RFB-05-42 ON-CALL STORM SEWER CLEANING & REPAIR SERVICE RENEWAL OPTION NOT-TO-EXCEED $50,000 o PUBLIC HEARING [gI BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicial: 0 Yes -;;:~L -Director of\PUblic Works [gI ~C>-,:)rCO CitY Man~er \ EXECUTIVE SUMMARY: The Public Works Department currently has ECO Resources, Inc. of Arvada, Colorado under contract to perform on-call storm sewer cleaning and repair services as a result of the formal bid process RFB- 05-42, completed on September 20,2005. The contract provides for a one year extension at the City's discretion. Based on satisfactory performance, Staff requests "pp..,.al to renew the contract with ECO Resources, Inc. of Arvada, Colorado for the not to exceed amount of 50,000, The Contractor has agreed pricing, terms and conditions shall remain the same. The contract renewal is effective through March 28, 2008. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Staff conducted a formal procurement bid process to select a contractor to perform on-call storm sewer cleaning services in September of2005. ECO Resources was selected for the work. The first renewal term of this contract will end on March 13, 2007. The 2007 Budget includes $50,000 for on-call storm sewer work. Staffis pleased with the performance ofECO Resources and recommends renewal of the 2007 services contract with this firm. ALTERNATIVES CONSIDERED: No "l'l'w.'al and a new procurement for on"call storm sewer cleaning and repair services will be initiated. FINANCIAL IMPACT: The funds for the storm sewer cleaning and repair services are budgeted in the Contract Services line item, account number 01-303-700-704, of the 2007 Public Works Operations budget of$50,000.00. RECOMMENDED MOTION: "1 move to approve RFB-05-42 On-Call Storm Sewer Cleaning & Repair Service Renewal Option with ECO Resources, Inc. of Arvada, Colorado in the Amount Not-to-Exceed $50,000. 1 further move that this allocation be paid from account number 01-303-700-704, and that these funds be encumbered in accordance with Ordinance #787, 1989 Series." or, "1 move to deny "l'l'<v.'al of the On-Call Storm Sewer Cleaning and Repair Services Agreement with ECO Resources, Inc. of Arvada, Colorado for the following reason(s) . " Report Prepared by: Reviewed by: Greg Knudson, Operations Manager Tim Paranto, Director of Public Works Linda Trimble, Purchasing Agent Attachments: 1. ECO Resources, Inc. Renewal Agreement 070226 RFB-ll5-42 CAF Final Renewal Option.doc 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80033-8001 RECEIVED FEB 0 5 2007 The City of (303) 234-5900 GWheat 'Ridge City Admin. Fax II 234-5924 Police Dept. Fax II 235-2949 January 31,2006 ECO Resources, Inc. 6050 W. 54th Avenue Arvada, CO 80002 Subject: RFB-05-42 storm Sewer Cleaning and Repair On-Call Services Final Renewal Option c...JA"1.~C- L"", ~o",~...,c:.. Dear Stsl3"'eFl Cat"'ey: This is the final year renewal option for the above subject project Renewal period is effective March 27, 2007 through March 27, 2008, pending Council approval. All other terms and conditions from the original agreement remain the same, If you are in agreement and would like to renew, please complete acknowledgment below, attach a copy of your current Certificate of Insurance and send original back to the Purchasing Office by February 15, 2007. Please retain a copy for your records. Thank you for your interest in the City of Wheat Ridge, We look forward to working with you, If you should have any questions please feel free to contact Purchasing at 303-235-2811. ~TectfUIlY, j J:~'1( It ~~ Linda Trimble, CPPO, CPPB Purchasing Agent ACKNOWLEDGMENT OF ACCEPTANCE ~ ~_r~ Signature // 2--2..-07 Date ~,o-_._ r Print Name . LI4 "~~',j6=-uL Avll.I\l\k1._~<;~~U.f..rc ~U?... Title 1 Cc: file ATTA~"RPIVIENT 1 ITEM NO: I. r, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: February 26,2007 TITLE: AWARD OF ITB-07-03 WHEAT RIDGE MIDDLE SCHOOL BDA INSTALLATION; RFB-07-11 ACTIVITIES GUlDE/PARKS AND RECREATION; RFB-07-23 RADAR SPEED DISPLAY SIGNS; AND RFB-07-24 SURVEY EQUIPMENT RE-BID PRIOR TO FINAL BID APPROVAL AND STAFF RECOMMENDATION o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicial: o Yes o No _u (~~r.-d> City Man~ t EXECUTIVE SUMMARY: The Purchasing and Contracting Division is requesting council to approve bid awards to four (4) projects prior to evaluation and recommendation from staff. This request is due to the cancelling of the March 12, 2007 council meeting. The next City Council meeting is scheduled for March 26, 2007, which has a definite impact on the projects below. The following formal bid solicitations are on-track to open on the scheduled due dates. Evaluation and award is critical and timely to each project. The purchasing office monitors all formal solicitations for consistency and integrity in the bid process. 1. ITB-07-03 Wheat Ridge Middle School BDA Installation . Bids are due February 27,2007 . Budget is $30,000 · This project would allow radio reception into the school. The work is scheduled for installation, · Starting March 26, 2007 during the school spring break. Delay in the award would result in re-scheduling the entire project to the summer months. 2. RFB-07-11 Activities Guide/ Parks and Recreation · Bids were due February 20, 2007 · Budget is $33,000 · There is a lead time associated with the design and publication of the schedules. It is critical to award as soon as possible to meet the spring edition of the Activities Guide. Delays in award could have a direct affect on the revenues of the classes and activities. 3. RFB-07-23 Radar Speed Display Signs · Bids are due February 27, 2007 · Budget is $30,000 · The bid is for four (4) radar speed display signs for the 35th Avenue & Pierce Street and 44th Avenue and Quail Street areas, Installation is scheduled for spring 2007. Further delay on the award and purchase of equipment will delay the scheduled installation timelines. 4. RFB-07 -24 Survey Equipment Re-bid · Bids were due February 20, 2007 · Budget is $30,000 · This is a re-bid project. Previous bids received were over the budget Staff revised the specifications and it was re-solicited. Due to the re-bid, the purchase and training of this project has already been delayed. COMMISSION/BOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: None ALTERNATIVES CONSIDERED: Approval denied FINANCIAL IMPACT: The Purchasing and Contracting Division recommends award to the lowest most responsive and responsible bidders for all of the projects above. Award will be in accordance to the available 2007 funding for each project RECOMMENDED MOTION: "I move to "w<v Ie award to the following projects based on the bid process, staff recommendations, and availability of 2007 funding: 1. ITB-07-03 Wheat Ridge Middle School BDA Installation in an amount not to exceed $30,000 2. RFB-07-1 I Activities Guide in an amount not to exceed $33,000 3. RFB-07-23 Radar Speed Signs in an amount not to exceed $30,000 4. RFB-07-24 Survey Equipment Re-Bid in an amount not to exceed $30,000 " or, "I move to deny prior award of the above projects for the followingreason(s) " Report Prepared by: Linda Trimble, Purchasing Agent Reviewed by: Patrick Goff, Deputy City Manager 070226 eAF P[e~Appro"al of Consent Items 2007.doc ITEM NO: I. 1), - REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: February 26, 2007 TITLE: AWARD ITB-07-19 2007 CRACK SEAL PROJECT IN THE AMOUNT OF $49,069.00 o PUBLIC HEARING [8] BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicial: D [8] YY No ./~._~~ E~~ Director ofPul11ic Works ~~(J) City-Man~ 71 EXECUTIVE SUMMARY: The 2007 Crack Seal Project will provide the needed maintenance treatments to local streets by priority in the eastern third ofthe City. The crack filling treatment will reduce water infiltration under the pavement. The streets being crack sealed will also receive a fog or sluny seal later this year through a separate project. These treatments will improve and extend the pavement life of these streets as part of the on-going maintenance program. On February 6, 2007, seven (7) bids were received. All bids met the initial bid requirements, except Rocky Mountain Pavement and Concrete Construction. The apparent low bidder was Coatings Inc, of Arvada, Colorado in the total amount of $49,069.00. References and experience were evaluated by Public Works. Coatings Inc. has successfully completed similar City proj ects in the past. Staff recommends award of the project to the lowest responsive and responsible bidder, Coatings Inc, in the amount of $49,069,00, COMMISSIONIBOARD RECOMMENDATION;. N/A STATEMENT OF THE ISSUES: Bids for the 2007 Crack Seal Project, #S-PM-02-07, were opened on Tuesday, February 6, 2007. Seven (7) bids were received and ranged from $49,069.00 to $77,500.00. The Engineer's Estimate was $51,880.00. The lowest responsible and responsive bidder, Coatings Inc. of Arvada, Colorado has met the bid and qualification requirements. Based upon the contractor's demonstrated capabilities and p",>fv>wance on previous projects, Staff recommends award to Coatings Inc. A 10% contingency of $4,906.90 is requested for the cost of other items related to the project. ALTERNATIVES CONSIDERED: No award and 2007 Crack Seal Projects will not be accomplished, FINANCIAL IMPACT: Funding for this program has been approved as the Street Preventive Maintenance Projects line item of the 2007 Capital Improvement Program budget in the amount of $1,250,000.00. TIris project is the first one of the three preventive projects that the City will implement this year. RECOMMENDED MOTION: "I move to award ITB-07-l9, 2007 Crack Seal Project, #S-PM-02-07 to Coatings Inc, of Arvada, Colorado in the amount of $49,069.00. 1 further move that a contingency amount of $4,906.90 be approved. 1 further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of$53,975.90. 1 further move that all costs associated with this contract be paid from account number 30-303-800- 884, and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series. or, "I move to deny award of ITB-07-l9 2007 Crack Seal Project for the following reason(s) " Report Initiated by: Steve Nguyen, Engineering Manager Report Prepared by: Tim Paranto, Director of Public Works Reviewed by: Linda Trimble, Purchasing Agent Attachments: 1. 2007 Capital Improvement Program Description 2, Project Location Map 3. Bid Tabulation Sheet 070226 rrn-Q7-19 CAF Crack Seal.doc Capital Investment Program 4, Public Improvements Projects, Development Driven 2007 Budget: $85,000 Description: Upcoming developments may require City-financed street ;.upwvements, Justification: Contingent funding should be provided for special project needs. 5. Street Light Installation 2007 Budget: $6,000 Description: Installation of new streetlights requested by citizens and approved by the Public Works Department. Justification: New street lighting is provided to accommodate areas of the City which require additional lighting for safety or as otherwise justified by the City. 6, Street Preventative Maintenance Projects 2007 Budget: $1,250,000 Description: The annual street preventative maintenance work and costs are as follows: Concrete replacement area: Replace broken, distorted and non-compliant concrete curbs, sidewalks and handicap ramps on streets included in the asphalt resurfacing project $ 50,000 Asphalt patching and overlay area: 38thAvenue, Kipling to Youngfield 50th Avenue, Independence to Kipling $ 950,000 Cracklsluny sealing area: West of Wadsworth Boulevard by priority $ 250,000 Justification: Preventative street maintenance work is required to replace defective concrete, replace or add to pavement surface by an asphalt overlay, patch isolated structural failures in existing asphalt streets, waterproof and improve the texture of asphalt wearing surfaces by a sluny seal coat and reduce water infiltration under pavements by sealing cracks. Preventative maintenance prolongs the useful life of streets and sidewalks and reduces the costly alternative of recons1ructing streets, 195 AT I ACHMENT 1 CITY OF WHEAT RIDGE 2007 CRACK SEAL PROJECT 7500 W 29th Avenue Wheat RIdge, cq 80033 DENVER """"""'0'''.' CRACK SEAL ATTACHMENT 2 CITY OF WHEAT RIDGE BID TABULATION BID/PROPOSAL NO, OPENED BY ~ ITB-07-19 Linda Trimble, Purchasing Age BID DUE DATE/TIME WITNesSED BY PROJECT: 2007 CRACK SEAL PROJECT 02106107 by 2:00 pm Julie Pavel, Purchasing Assistant ~ ) REQUESTING OEPT.IDIVlSION a. PUBLIC WORKS PAGE---1---- OF. VENDOR (1-\ Coo.~""'tls ~~\\s. Qv,o..\~ ~ Hoc'l::y rnO>t\'t:l~ Su.pet'lal'" J=- Chlpseo.\ :I.NC . fu.\l\(\'1\- ~. Po.\leI\'\.Qt....-t- f\s~'tIo.\>t- <Iql, LOCATION f"....... .~e.\A. R-No.do... 60\&>.('\ \.\endB-sc:'l't"'l ~l\\Iec- U-r - 'OESCRIPTION.-GOODS:t SERVICES . . ',"', " '.";,,', . .... SIGNATURE PAGE 'Je9. 'Ies. '1es Yes '1es :r.~\~ J=- LIST OF SUBCONTRACTORS Yes \}-e,s , '1es '1es :tl\eoN\f'e..\e.. 'Jes n 'I e,S 'Ies Yes Y-es 'Ye& '-/es :z NON-COLLUSION AFFIDAVIT :s: CONTRACTOR QUALIFICATION '1es '1e.s. Yes. '7es '-/es Yes m ILLEGAL ALIEN FORM '1e.s Yes Yes '/e.s. '1e.s '1es Z BID BOND I CHECK 1e,s "'i€-& '1es '1es. '1es 'fes. .... 53) ~5()!a cO S4JS<t>\~ 50) ,Sc~ 5(0) \ 3(" Q2. 53j-a\oQ9. BASE BID 4Cl J CJCt><1- W J:IBID TABULATION SHEETS\lTB-07-19,doo PROJECT: 2007 CRACK SEAL PROJECT CITY OF WHEAT RIDGE BID TABULATION BIDJPROPOSAl NO, ITS..o7 -19 BID DUE. DATEmME. 02106/07 by 2:00 pm REQUESTING OCPT JDMSION PUBLIC WORKS VENDOR ~~ ~ LOCATION Co\~ C~ : i~RlI9t'Jl:Id~S.Sl'~\7.lJiE'S;f~~~;';:~ '~;X,. .~:::.~.:. .~:-:';.,~'.:, .~_ ;:~~(';;&-r~lU;~~~~tlr:.;'-:'~.~. '::~:.;';(',,: .<;"'i!+i~ ~~-~~:._~.~~.:.?".~~':tA~,~:''tf~~'S .:.:';:' SIGNATURE PAGE '1es LIST OF SUBCONTRACTORS ~~~ NON-COLLUSION AFFIDAVIT '1es CONTRACTOR QUALIFICATION '1es ILLEGAL ALIEN FORM 'Jes BID BOND 1 CHECK '/es BASE BID 1'7, 5~ og J:\BID TABULATION SHEETSIITB-07-19,doc OPENED BY ...J) Unda Trimble, Purchasing Age";' WITNESSED BY Julie Pavel, Purchasing Asslstant~ PAGE~OF a ..... :.:':f..~\:.y:.t~:f21:'.;"'! ~ "._~~~~$\li.: .,'::- '1-'U;' ITEM NO: 'J ~ I REQUEST FOR CITY COUNCIL ACTION ~.... '"'~. . ;..." "";, _.~ ,.'- ~ - . ~ COUNCIL MEETING DATE: February 26, 2007 BILE: A REQUEST FOR A SPECIAL USE PERMIT AND FRONT SETBACK VARIANCE FOR PROPERTY LOCATED AT 4975 KIPLING STREET (CASE NO. SUP-07-01 & W A-07-02/QUAIL CREEK) [8] PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date:) D ORDINANCES FOR 2ND READING Quasi-Judicial: [gI ~~ D No Community Development Director City~~ EXECUTIVE SUMMARY: Quail Creek Investment is requesting consideration of a special use permit for a drive through and front yard setback variance. The property is currently zoned Commercial One (C-l) and is located at 4975 Kipling Street. The subject parcel is approximately 33,545 square feet in size. The site currently contains an existing vacant bank building, which would be removed. The applicant plans on constructing a new building which would be approximately 6,500 square feet in size. The front yard setback variance would allow the building to be located 20.6 feet from the front (east) property line. This request relates to City Council goals of the City being prepared for growth and opportunities and providing a strong partnership between the City and community. COMMISSION/BOARD RECOMMENDATION: There was no prior commission or board action; the request was forwarded directly to City Council for review. STATEMENT OF THE ISSUES: None. ALTERNATIVES CONSIDERED: Do not approve the special use permit or the variance request. FINANCIAL IMPACT;, The City has received a one-time application fee for the land use application. Building permit fees and use taxes will be collected during construction of the new commercial building. The City will receive revenue from any business which generates sales tax. RECOMMENDED MOTIONS: There are two separate requests associated with this application. Two separate motions are required. Snecial Use Permit "I move to approve Case No. SUP-07-01, a request for approval of a special use permit to allow for a drive through facility located at 4975 Kipling Street, for the following reasons: 1. The drive through facility should create little to no impact upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use. 2. The drive through facility will not create nor contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use. With the following conditions: 1. The grant of use shall be for the property and may be inherited." Variance "I move to approve Case No. W A-07-02, a request for approval of a 29.4-foot front yard setback variance, resulting in a 20.6-foot front yard setback for property located at 4975 Kipling Street, for the following reasons: 1. The hardship has not been created by the applicant, but rather is a product of dual frontage adjacent to right-of-way. Complying with the 50 foot front yard setback would greatly compromise the site layout and could severely impact required parking stalls. 2. The building will actually be located approximately 42 feet from the edge of Kipling Street. The presence of excess right-of-way gives the appearance of a greater front yard setback. 3. The building location will not affect the site distance triangle at West 50lh Avenue and Kipling Street. 4. The request will not have a detrimental effect on air or light to adjacent properties." Report Prepared by: Travis Crane Reviewed by: Alan White Attachments: 1. City Council Staff Report (with exhibits) ~ .. ~ "0'0.,00 .. CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council CASE MANAGER: Travis Crane CASE NO. & NAME: SUP-07-01 & W A-07-02 IQuail Creek Investors DATE OF MEETING: February 26, 2007 ACTION REQUESTED: Request for a special use permit to allow for a drive through facility and request for a front yard setback variance for property located at 4975 Kipling Street and zoned Commercial One (C-l). LOCATION OF REQUEST: 4975 Kipling Street APPLICANT (S): OWNER (S): Quail Creek Investors Guaranty Bank & Trust Company APPROXIMATE AREA: 33,545 sq. ft. (0.77 acre~) PRESENT Zu'iI.al.G: Commercial One (C-l) COMPREHENSIVE PLAN: Community Commercial Center (CC) E" I~A INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION Location Map Subject Parcel. ATTACHMENT 1 .Jurisdiction All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The property in question is located at 4975 Kipling Street. The applicant is requesting a special use permit to allow for a drive through facility (Exhibit I, Request). The applicant has received the appropriate permissions from the current property owner to pursue this application. The application also includes a request for a front yard setback variance. The applicant has requested to construct the building 20.6 feet from the front property line. It should be noted that the variance request was advertised as a 33 foot front setback request, resulting in a 17 foot front yard setback. The applicant has since moved the building further to the west, which decreases the variance request. The property is zoned Commercial One (C-I). n. CASE ANALYSIS The property is 33,545 square feet in size (approximately 0.77 acres), and currently contains a vacant bank building. The Code of Laws states that any drive through in the C-I zone district shall require a special use permit. Typically, the SUP process starts as an administrative review, complete with a ten-day public notice period, If any objections are received, the application is forwarded to City Council. The Code of Laws does not give the Community Development Director the aulhority to approve a variance request of more than ten percent with administrative special use reviews. Because of this, the ten-day posting period was omitted and the application was forwarded directly to City Council for review of both requests. Additionally, the Code of Laws requires a neighborhood meeting prior to submittal of an application for a special use permit. A neighborhood meeting was held on November 21, 2006. There were no neighbors or interested parties in attendance at this meeting. A letter was received before the neighborhood meeting from the property owner directly to the south. This property owner stated that she objected to a drive through for a fast food restaurant. The letter mentions covenants for the property which would not allow a fast food restaurant on the subject property. It should be noted that the covenants are not regulated or enforced by the City. The letter has been included as Exhibit 2. ill. SITE PLAN REVIEW A site plan, landscape plan and building elevations plan have been submitted for review (Exhibit 3, Site Plan et aI). Any redevelopment must adhere to the standards as dictated in the C-I zone district. All applicable development standards have been reviewed, and have been met or exceeded. These development standards include lot coverage, landscaping area and quantities, parking requirements, height, architecture, and exterior lighting. The one exception to this is the request for a reduced front yard setback, ",hich ill discussed in further detail in section VI. Should the special use permit be approved, complete building jJl8ns must be submitted and approved as part of the building permit process. Lot Coverage The C-I zone district allows a maximum lot coverage .of 80%. Lot covemge is defmed as all areas occupied by buildings and pavement. Based on a lot which is 33,545 square feet, a total of 26,836 square feet may be building and/or paving. The site plan details 25,166 square feet (75%) to be building and paving. Setbacks The C-l zone district requires minimum front, side and rear yard setbacks for all structures. The Code specifies that the front yard setback shall be a minimum of 50 feet. This is a comer lot with frontage on both West 50th Avenue to the north and Kipling Street to the east. The proposed building will be located ....1'.v.Jmately 20.6 feet from the front (eastern) lot line. A variance is required for this reduced setback, and the criteria are evaluated later in the report. City Council SUP-07-o1 & WA-07-o21Quail Creek 2 The C-l zone district requires a minimum side yard setback of 5 feet per. story. Based on the overall structure height, the building is considered two stories. The side setback on the southern property line is 50.6 feet. The required setback for the northern y'''y'''~lline is 30 feet, due to the Y""""~ce of right-of- way. the side yard setback from the northern y.uy"..! line is shown at 29.5 feet. The applicant has indicated that the building will comply with the 30 foot setback at time of building permit. Due to an accelerated public hearing schedule, the plans could not be changed prior to the City Council hearing. The street to the west is a private drive; therefore no increased rear yard setback is required. A l5-foot rear yard setback is required; the site plan shows a provided rear yard setback of 86.3 feet. Building The site plan shows a new 6,567 sq. ft. building located in the approximate northeast corner of the y'''y",ly. The drive through facility is located on the northern elevation adjacent to West 50th Avenue. The drive through traffic will circulate around the south side of the building and queue on the east side of the building. The C-l zone district allows a maximum building height of 50 feet. The proposed structure will be a maximum of 24 feet 6 inches in height to the top of the parapet. A building elevation page has been included on page 4 of the site plan package. The elevations show the building to be constructed of stucco and stone. The construction materials and design are in accordance with the Streetscape and Architectural Design Manual. Access/CirculationlParking The property will gain access from a private drive on the west side of the to.u,,"';l which is accessed via West 50th Avenue. This private drive was established when the property was subdivided in 1996, A right out only turning movement is shown on West 50th Avenue approximately 55 feet east of the private drive. The location and turning movement at this egress point have been reviewed and approved by the Public Works Department. A right-inlright-out is shown on the adjacent property to the south which provides restricted access to Kipling Street. This right-inlright-out access point currently exists, and will not be changed. The applicant has assumed the most stringent parking standard when designing the site: the parking standard for eating establishments. The Code specifies that any eating establishment must provide one parking stall for each 75 square feet of gross floor area, less kitchen areas, restrooms, hallways and mechanical rooms. Based on this parking standard and the y.uyvoed building size, 41 parking spaces are required. There are 33 parking spaces proposed onsite, two of which are van-accessible handicapped parking stalls. An agreement has been provided to the City which allows shared parking between the lot to the south and the subject parcel. Given the onsite parking and shared parking, a total of 43 parking spaces has been provided. Landscaping The Code requires a minimum of twenty percent of the site to be landscaped. Based on a site of33,545 square feet, a total of6,709 square feet of landscape area is required. The landscape plan (page 3) shows a total of 8,379 square feet (25%) to be landscaped. The applicant has provided street trees, trees and shrubs in accordance with the standards specified in the Code of Laws. A ten foot landscape buffer is required on the eastern y.u..".~lline for the entire length of Kipling Street. The site plan shows a ten foot landscape buffer on the eastern property line. Drainage A drainage report will be reviewed at time of building permit. The detention areas will be located along the northern property line, adjacent to West 50th Avenue and on the western property line adjacent to the private drive. City Council SUP-07-ol & WA-07-o2/Quail Creek 3 IV. AGENCY REFERRALS The p' vpv..al was referred to all of the necessary outside agencies. All responding agencies stated that service could be provided to the p,up".;f. V. SPECIAL USE PERMIT REVIEW Staff has the following comments regarding the criteria used to evaluate a special use permit request: Per the Code of Laws Sec. 26-114 (D) before a special use permit is approved, the applicant shall show, and the community development director or city council shall fmd, the proposed special use: 1. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood ofthe proposed use. The proposed use should not have a detrimental effect on the general health, safety or welfare of persons in the neighborhood. 2. Will not create or contribute to blight iu the neighborhood by virtue of physical or operational characteristics of the proposed use. The proposed drive through facility should not contribute to blight in the neighborhood. The property currently contains a vacant building. The applicant proposes to construct a new building, which would be an improvement over the existing building. 3. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. The proposed drive through facility should not affect the adequate light and air, nor cause significant air pollution. 4. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. The request will not result in undue traffic congestion in the area. All of the City's parking requirements have been met. The property currently contains two access points on West 50th Avenue. These access points will be removed and replaced with one right-out only access point on West 50th Avenue. The previous bank use once operated with multiple drive through lanes on the east side of the building. 5. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character orthe surrounding areas and neighborhood, especially with adjacent p,. < ' ;. es. The proposed building will conform to aU development standards in the C-I zone district, with the exception of the requested variance. The building facades will be of high quality materials. The building design meets the minimum requirements in the Streetscape and Architectural Design Manual. The proposed landscaping exceeds the minimum requirements for commercially zoned properties and will be an improvement over existing conditions. 6. Will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. City Council SUP.Q7.Ql & WA.Q7.02/Quail Creek 4 The proposed use will not overburden the capacities of existing streets, utilities, parks, schools or other public facilities and services. All of the necessary agencies for public facilities and utilities were notified of this request the responding agencies stated that service can be provided to the 1"........t'.......~y. 7. History of compliance by the applicant with Code requirements and prior conditions, if any, regarding the subject property. The applicant has no histol)' of compliance or noncompliance with the City of Wheat Ridge code requirements. 8. Ability of the applicant or any permitted successor-in-interest to continuously meet the conditions of the proposed permit. If conditions of an approved special use permit are violated, City Council has the authority to revoke the special use permit. 9. Other factors relevant to the specific application. There are no other relevant factors. VI. VARIANCE REQUEST Staff has the following comments regarding the criteria used to evaluate a variance request: 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? If the request is denied, the property may still receive a reasonable return in use. The property has C-l zoning, which allows a wide range of uses. 2. If the variance were granted, would it aIter the essential character of the locality? If the request were granted, the character of the locality would most likely not be altered. The existing building does not meet the minimum required front yard setback on the eastern property line or the minimum side yard setback on the northern property line. There are existing structures directly south of the subject parcel which do not appear to meet the required 50-foot front yard setback from Kipling Street There is Rpp.v..:mately 13 feet ofright-of-way from the western edge of Kipling Street to the property line. This excess right-of-way will give the "pp.....<oIlce that the building is located 40 feet from the street edge. 3. Does the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? The lot is relatively flat, but does have a unique shape. The property has frontage on two streets. The eastern and northern p,vp"'~Y lines do not meet at a right angle, creating an unusual shape to the northeast property comer. If the building were located in a conforming location, it may be difficnlt to provide adequate parking on the property. This would force the applicant to reduce the size of the building. City Council SUP-07-01 & WA-07-02/Quail Creek 5 4. Has the alleged difficulty or hardship been created by any person presently having an i_~... '.....~ in the property? A person who has interest in the property has not caused the hardship. The hardship stems from the 1"".""~" of right-of-way on two 1""1'''' 'J' lines. It may be possible to locate the building elsewhere on site, but parking, landscaping and circulation would be severely ~_,_..; ~_ised. 5. Would the granting of the variance be detrimental to the public welfare or injurious to other property or im... ""'Lents in the neighborhood in which the property is located, by, among other things, im..":.:".. the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of tire or endangering the puhlic safety, or substantially diminishing or impairing property values within the neighborhood? The request would not be detrimental to the public welfare. The adequate supply oflight and air would not be c_.....__...ised as a result of the request. The request would not increase congestion in the streets, nor increase the danger of fire. The request would most likely not have an effect on property values in the neighborhood. 6. If criteria 1 through 5 are found, then, would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distinguished from an individual benefit on the part of the applicant, or would granting ofthe variance result in a reasonable accommodation of a person with disabilities? The request would not result a benefit or contribution to the neighborhood, only the property owner. The request would not result in a reasonable accommodation of a person with disabilities. VII. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff concludes that the proposed drive through facility will not have a negative impact on the traffic and circulation in the vicinity. The variance request should not have a negative effect on surrounding ....,..".,:es. Therefore, staff recommends APPROVAL of Case No. SUP-07-01 and W A-07-02. City Council shall decide if the speciallise request is a personal grant of the owner or a grant to the property which may be inherited. Staff. "w......ends that the special use permit be a grant to the property, VIII. RECOMMENDED MOTIONS Soecial Use Permit Option A: "I move to approve Case No. SUP-07-01, a request for approval of a special use permit to allow for a drive through facility located at 4975 Kipling Street, for the following reasons: 1. The drive through facility should create little to no impact upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use. 2. The drive through facility will not create nor contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use. 3. The drive through facility will not have a negative effect on the light and air, nor cause significant air, water or noise pollution. 4. The request will not result in undue traffic congestion or traffic hazards. With the following conditions: 1. The grant of use shall be for the property and may be inherited." City Council SUP-07-01 & WA-07-02IQuailCreek 6 OR Option B: "1 move to deny Case No. SUP-07-01, a request for """._.'31 of a special use permit to allow for a drive through facility located at 4975 Kipling Street, for the following reasons: 1. ..." Variance, Option A: "1 move to approve Case No. W A-07-02, a request for approval of a 29.4-foot front yard setback variance, resulting in a 20.6-foot front yard setback for properly located at 4975 Kipling Street, for the following reasons: I, The hardship has not been created by the applicant, but rather is a product of dual frontage adjacent to right-of-way. Complying with the 50 foot front yard setback would greatly compromise the site layout and could severely impact required parking stalls. 2. The building will actually be located al'l',uJ":mately 42 feet from the edge of Kipling Street. The presence of excess right-of-way gives the appearance of a greater front yard setback. 3. The building location will not affect the site distance triangle at West 50th Avenue and Kipling Street. 4. The request will not have a detrimental effect on air or light to adjacent properties." OR Option B: "1 move to deny Case No. W A-07-02, a request for approval of a 29.4-foot front yard setback variance, resulting in a 20.6-foot front yard setback for properly located at 4975 Kipling Street, for the following reasons: 1. ..." City Council 8UP-07-01 & WA-07-02/Quail Creek 7 Architecture Interior Design Planning Construction Management Design Edge, p,c. 482 South Broadway Denver CO 80209 Tel: 303 2607277 Fax: 303 260 7282 WWV'I.de-arch.com Denver. CO Colorado Springs, CO January 8, 2007 Meredith Reckert Senior Planner 7500 W. 29111 Avenue Whe<!t Ridge, CO 80033 303-235-2848 (Fax) 303-235-2857 RE: 4975 Kipling Street - Variance and Special Use Dear Meredith, We are proposing an approximately 6600 square foot multi-tenant retail building at this location. The following is a statement of our request for a Special Use Permit and a Setback Variance. This project proposal will require a Special Use Permit based on the "Drive- Thru" lane we are proposing in conjunction with the building, Retail uses with "Drive-Thru" facilities are a consistent use within this area and Zone District We are asking for the Setback Variance along both 50111 and Kipling Streets from Section 26-218 B.5. The request is based on the following: . We are proposing that the building be setback farther than the existing building that will be demolished once construction begins. . Through conversations with the planning department, this type of building placement is consistent with current design practices, . The combination of existing site access points, shared access and parking with the adjacent property owner to the South, and the shape of the site limits the location of the building on the site, The addition of the 50'-0" setback would conflict with all of those items so we propose the placement of the building with a 29,6 foot setback on 50th and a 17.5 foot setback along Kipling as indicated on the attached plans, Please do not hesitate to contact us if you have further questions or need more information, 303- 260-7277. Thank you. Sincerely, Andy Olree - Principal Design Edge, P.C. 01109/07 EXHIBIT 1 \ November 15, 2006 Jf~~WJ~W /1-/::1-0 U City of Wheat Ridge Community Development D",~....~nt I, Lesley Halley, own the property at 4971 Kipling Street and I have some concerns about the Special Use Permit the Quail Creek Investors are ....._"..;:ng on the property located at 4975 Kipling Street. A drive-thru pick-up window in the project could advenrely affect the business of the Burger King if the drive-thru pick-up window is for another fast-food restaurant. In a conversation with the owner of the Burger King business a few months ago, he mentioned that it is against the covenants of the Blue Grass T"u...~.. Development to put another fast-food restaurant with a drive-thru pick-up window in that area. I have not been able to find any documentation stating that w" ....ant and the owner of the Burger King business is out of town until after the neighborhood meeting. When he returns, I will see ifhe has any documentation of the covenant he mentioned. I would like it to go on record that I am opposed to a drive-thru pick-up window in the project if it is associated with a fast-food restaurant because of the possible negative impact that would have on the Burger King business. A few months ago, I was contacted by Panda restaurant informing me that they were thinking about moving into this location. I would be opposed to this business moving into this location because I would consider it to be a fast-food restaurant. After speaking to Meredith in the Planning Division, she mentioned that the Quail Creek Investors were possibly thinki'1g about another bank and/or a Starbuck's with a drive-thru pick- up window being located at 4975 Kipling Street. I would not be ....~_....J to either one of these businesses or something similar moving into this location. If you have any questions about my concern, please call Lesley Halley at (970)225-9254. Lesley Halley 2742 Coal Bank: Drive Fort Collins, CO 80525 EXltltiIT 2 ~.~"'H"'> ..~ - ~ o m riiLOR,09 ITEM NO: 3 I REQUEST FOR CITY COUNCIL ACTION .., COUNCIL MEETING DATE: February 26,2007 TITLE: BOARD AND COMMISSION APPOINTMENTS o PUBLIC HEARING [8] BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicial: o Yes [8] No ~rcj) City Mana~ ~ City Clerk EXECUTIVE SUMMARY: The Board and Cnmmi..ion vacancies were advertised in the Wheat Ridge Transcript, Channel 8 and the City's Website. Current members were contacted by mail and asked if they wanted to serve another term. Applications were received and compiled the Clerk's Office and City Council held a reception for the applicants on February 20,2007. COMMISSION/BOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: If appointments are not made, the vacancies will remain. This could impact the ability of a board or commission to conduct business if a quorum is unable to be held. ALTERNATIVES CONSIDERED, None FINANCIAL IMPACT: None RECOMMENDED MOTION: "I move to appoint... to the..... ..Board/Commission: term to expire March 2,..... ."(see attachment 1) Report Prepared by: Janice Smothers (303) 235-2815 Reviewed by: Michael Snow, City Clerk (303) 235-2823 Attachments: 1. Detailed appointments by position and district. 2. Applicant list 2007 BOARD AND COMMISSION APPOINTMENTS BY DISTRICT DISTRICT I I move to appoint: to the Animal Control Commission, term ending 3/2110. to the Board of Adjustment, term ending 3/2/10. to the Building Code Advisory Board, term ending 312/10. to the Parks & Recreation Commission, term ending 3/2110. to the Parks & Recreation Commission, term ending 3/2/09. to the Planning Commission, term ending 312110. to the Liquor Authority, term ending 3/2110. DISTRICT II I move to appoint: to the Animal Control Commission. term ending 3/2110. to the Board of Adjustment, term ending 312/10. to the Building Code Advisory Board, term ending 3/2110. to the Building Code Advisory Board, term ending 312/08. to the Parks & Recreation Commission, term ending 3/2108. to the Planning Commission, term ending 312/10. to the Liquor Authority, term ending 3/2110. . to the Cultural Commission, term ending 312109. ATTACHMENT 1 DISTRICT III I move to appoint: to the Building Code Advisory Board, term ending 3/2110. to the Planning Commission, term ending 3/2/10. to the Liquor Authority, term ending 3/2/10. to the Cultural Commission, term ending 3/2108. DISTRICT IV I move to appoint: to the Animal Control Commission, term ending 3/2110. to the Liquor Authority, term ending, 3/2110. to the Cultural Commission, term ending 3/2108. BOARDS. COMMiSSiONS, COMMiTTEES CITY OF WHEAT RIDGE f, ... ... Vl;J....- or~l.LfV.. Legend for renewals Red: current positions up for renewal No"" CU..... """""," _ ...... '" -' t_ in b1.... """,," oW"""' _nse ,"'" '" .- Ie,," In _n. Green _ NeW applicants for Board position Blue _ Board open positionS .....~...""'...-~ -,.,_.--_..~..."'--- - -- ,,,,,,-~ ""'. """,.- ves: would like to serve aoother tefffi. 3102/0It \<atlW oeilSch B0033 30:3-2744930 2965 Jav st. :"S'''''?''''''' C".":"'}",,:, ..Sl~ 30:3-424-6 60033 ~ 4060 Reed 5t, 3989 Lee couft \I Ii !!i ........... u_ - ~ 1\1 . ..80033 3102109 'lfo2i07 ~~~ or, William Trelt. yes: would li"e to serve anolller te<lll - -- -" ' ;- 11/ \ 4596 partet street 80033 " ,11M"'''''- ~- -+..,,-~' ~)08 \ \)irgin~ 3/02/08 \ Louise Turner 3l02)(fI Karin Heine No: does !lOt want to serve a!lOther 3/02109 Robert Hance W> ne.!'! ::mPUca~ BOARD, COMMISSIONS, COMMITTEES PAGE 2 BOARD OF ADJUSTMENT. Meets 4th T lursdav. 7:00 p.m., Council Chambers. Munici lal Bldg. 3/02/07 Paul Drda I 6209 W, 26"' Ave, Did not return reapplication info? Betty Jo Page New annlleant 3/02/09 3/02/08 -3/02/07 3/02/08 3/02/09 3/02/09 3/02/08 80214 Applieation received 1/23/07 Davis Reinhart 2690 Pierce St 80214 '<Y'\'; Robert Blair Robert G. Howard Yes: would like to serve another term II II 4535 Balsam 4695 Ingalls St 80033 80033 Thomas L. Abbott Janet Bell III III 10780 W. 35'" Ave, 10095 W, 34'" Ave. 80033 80033 303.238-0104 303-433-5416 303-422-3212 303-424-2925 303-233-9655 303-235-0320 Larrv Linker Paul M. Hovland IV 4332 Quail Street 80033 303-582-0667 IV 4090 Everett St 80033 303-456-9033 BUILDING CODE ADVISORY BOARD~ Meets 2nd Wednesday, 7:30 p.m. as needed. 7305 W, 33'" Ave, 80033 3/02/07 Sharon Younger Yes: would like to serve another term -3/02/09 Kenneth V. Adams 3/02107 3/02108 3/02/09 3/02/07 3505 Marshall St 80033 II II Ronald Aba III Ralph P. Santangelo III Yas: would like to serve another term 45 Hiflside Dr. 3801 Wright Ct 80215 80033 IV 4740 Parfet St IV 4871 Independence St 80033 80033 3/02/09 John Kellow 3/02/08 James Molnar No New Annlll':!:ants 303-433-1470 303-421-2487 303-202-3537 303-422-5138 303-423-0971 303-425-5955 PARKS & RECREATION COMMISSION ~ Meets 3'" Wednesday, 7:00 p.m" Wheat Ridge Recreation Center, 4005 Kipling St -3/02107 Susan Seeds I 6147 W. 35'" Ave, 80033 303-423-0207 Yes: would like to serve another term 3/02109 3/02109 Charles Spielman II 4040 Jav St 80033 303-424-4000 3/02/08 II I .,.'.-."..-.,; J... .1, 3/02/09 RIchard Matthews III 10405 W, 34'" PI. I 80033 I 303-233-1870 3/02/08 Helen Huitt III 3975 Miller St I 80033 I 303-420-3821 ,.,-~<.,~: .-" :, ":_~"~': ,--j.:,~~~, ,,-,,,. ,.r.... 3/02/08 Kevin Hood IV 3850 Garland St 80033 i 303-424-' 759 3/02/08 Liz Georee IV p, 0, Box 183 80033 I 303-882-9707 No New ADDllcants BOARD, COMMISSIONS, COMMITTEES PAGE 3 PLANNING COMMISSION. Meets 1st and 3rt! Thursday, 7:00 p.m., Councir Chambers. Municipal Building 3/02/09 Anne Brinkman I 7420 W, 34'" Ave, 80033 303-274-5540 3/02107 SCali Wesley I 3507 Ames Street 80212 303-403-9745 Yes: would like another term New Davis Reinhart I Application received 1/30/07 Applicant Note: Currently on Board of Adiustment 3/02108 Cassandra Soaniel II 7155 W, 42'. Ave. 80033 303-607-3414 3/02/07 James Chllv8rs II 7040 W, 43'" Ave, 80033 303-425-7102 Yas: would like to serve another term -New Zachary 0, Urban II Application received 1/16/07 applicant 3/02/07 Philip Plummer III 10398 W, 41' Ave, 80033 303-421-4324 Yes: would like to serve another term Nnw Richard Matthews III Application received 2/1/07 Applicant 3/02/09 Jerrv Sceznev III 3395 Quail 51, 80033 303-202-6170 3/02/09 Kim Stewart IV 11700 W, 46"' Ave, 80033 303431-7673 3/02/08 John McMillin IV 9801 W, 38"' Ave, 80033 303458-6355 A- LIQUOR LICENSING AUTHORITY _ ~ Meets 2nd and 4th Thursday, 9:00 a.m., Council Chambers, Municipal Building 3/2/09 Carolvn Peterson I 7235 W. 26"' Avenue I 80033 I 303-374-3871 3/2107 Robert Alldredge I 2890 Lamar 180214 I 303.237.2582 Yes: would like another term I I 3/2/07 Frank Sanzolone II 4160 Yarrow CI, I 80033 1303-421-0709 Yes: would like to serve another term New Lenny Ortiz II Application received 1/25/07 I I Applicant 3/2/09 Kent Davis II 8080 Melrose Dr, 80033 I 303-424-7211 / -3/2107 John Mlks III 9855 W, 34'" Dr, B0033 303-23B-7039 Yes: would like to serve another term 3/2/09 David Berrv (I) III 6275 W, 35'" Avenue I 80033 303-424-3057 I I .3/2/07 Anthony Davia IV 8295 W, 38"' Ave. I 80033 1 303-424-3561 Yes: would like to serve another term :3/2/09 Judith DiCroce IV 4265 Everett St. I B0033 I 303425-6483 BOARD, COMMISSIONS, COMMITTEES PAGE 4 3/2/09 3/2/08 3/2/08 3/2/09 3/2/08 3/2/09 3/2/08 3/2/09 3/2/09 Ronald Gehaul Ed Slack Jovce Jav Virainia Johnson Tracv Lanaworthv CULTURAL COMMISSION ~ Meets the 2" Wednesday 01 every month at 6:00 p,m, at the W,RRec Center, . 005 Kiplin9 I 2890 Newland St 80214 303-232-5542 I 7060 W. 38'" Ave, 80033 303-424-4294 II 4435 Carr St 80033 303-420-8533 III 2948 Vivian St 80215 303-233-7290 U' " IV IV AL 10945 W, 44"' Ave, I I I 80033 I 303-4208055 Application received for the Cultural Commission: New Applicant Rhea Staniszewski District 11 Application received 1/16/08 Note: Also applied for the Wheat Ridge Foundation 3/02109 3/02109 3102107 3/02/09 3/02/08 3/02108 3/02/07 3/02/08 3/02/07 Don Eafanti Donna Downino Curtis Gilmore Yas: would like to serve another tenn Patrick Mulliaan Dewev R. Bridos Patricia Dwver Bonnie B. Foulk Yes: would like to serve another tenn Lorraine Wrioht Ross Westover NO: doesn't want to serve another tenn WHEAT RIDGE FOUNDATION Meets 3" Wednesdav. 9 a,n , at WR Recre, tion Center, 4005 Kipling St 3830 Robb St 80033 303-422-4314 4775 Saulsbury 80033 303.420-4876 9455 W, 37''' Ave. 80033 303-422-6477 2998 Kendrick St 80401 303-278-9475 3271 Oak St 80033 303-234-9585 4365 Pierson St 80033 303-420-1733 4086 Lee Circle 80033 303-456-0466 9945 W, 34'" Dr, 80033 303-423-9494 9965 W, 34'" Dr, 80033 303-237-2448 Application received for the Wheat Ridge Foundation: New Applicant Rhea Staniszewski District II Application received 1/16/07 Note: Also applied for the Cultural Commission New Applicant David Petersen New Applicant Thomas Ripp District II Application received 1/25/07 Application Received 2/20/07 ~ 'W/ ITEM NO: 4-. REQUEST FOR CITY COUNCIL ACTION ~ COUNCIL MEETING DATE: February 26,2007 BiLE: WHEAT RIDGE FOUNDATION APPOINTMENTS :J PUBLIC HEARING gj BIDS/MOTIONS :J RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicial: o Yes 181 No /Jt~& City Clerk a't.J ~ OL7rdl City M~ager 0' EXECUTIVE SUMMARY: The Wheat Ridge Foundation vacancies were advertised in the Wheat Ridge Transcript, ChannelS and the City's Website. Current members were contacted bymail and asked if they wanted to serve another tenn. Applications were received and compiled the Clerk's Office and City Council held a reception for the applicants on February 20,2007. COMMISSIONIBOARD RECOMMENDATION: None STATEMENT OF THE IS~UES: If appointments are not made, the vacancies will remain. This could impact the ability of The Wheat Ridge Foundation to conduct business if a quorum is unable to be held. ALTERNATIVES CONSIDERED: None FINANCIAL IMPACT: None ;RECOMMENDED MOTION: "I move to appoint... to the.......Wheat Ridge FoundatiQn: term to expire March 2,........(soo attachment 1) Report Prepared by: Janice Smothers (303) 235-2815 Reviewed by: Michael Snow, City Clerk (303) 235-2823 Attachments: 1. Detailed appointments for positions. AT LARGE I move to appoint: to the Wheat Ridge Foundation, term ending 3/2110. to the Wheat Ridge Foundation, term ending, 3/2110. to the Wheat Ridge Foundation, term ending 3/2/10. ATTACHMENT 1