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HomeMy WebLinkAbout03/24/2008 6:30 p.m. Pre-Meeting ~~~li~n CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING March 24, 2008 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF Februarv 25.2008 PROCLAMATIONS AND CEREMONIES Commendation for the Police Department CITIZENS' RIGHT TO SPEAK A. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. B. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA Item 1. CONSENT AGENDA A. RESOLUTION 14-2008 - A RESOLUTION AMENDING THE FISCAL YEAR 2008 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION TO SPONSOR A TABLE FOR ELECTED OFFICIALS AT THE JEFFERSON CENTER FOR MENTAL HEALTH ANNIVERSARY GALA IN APRIL, 2008 FOR $1 ,200. B. RESOLUTION 16-2008 - A RESOLUTION AMENDING THE FISCAL YEAR 2008 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION TO PURCHASE TWO (2) TACTICAL VESTS FOR THE WHEAT RIDGE POLICE DEPARTMENT SWAT TEAM IN THE AMOUNT OF $5,850.00. CITY COUNCIL AGENDA: March 24, 2008 Page -2- C. RESOLUTIONS 11-2008 AND 12-2008 - RESOLUTIONS APPROVING CONTRACTS WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR DESIGN OVERSIGHT OF THE STATE HIGHWAY 58/CABELA DRIVE INTERCHANGE AND THE INTERSTATE 70/32ND AVENUE INTERCHANGE PROJECT. D. RESOLUTION 13-2008 - A RESOLUTION AMENDING THE FISCAL YEAR 2008 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE RECLASSIFICATION OF AN ADMINISTRATIVE ASSISTANT POSITION TO AN ADMINISTRATIVE ASSISTANT TO THE MAYOR AND CITY COUNCIL IN THE AMOUNT OF $2,894. E. Approval of an Easement Agreement By and Between Coors Brewing Company and the City of Wheat Ridge for the Purposes of Construction, Installation and Maintenance of an Underground Storm Water Pipeline at The Cabela Drive and State Highway 58 Interchange. F. Award RFB-08-08, 2008 Traffic Signal Equipment Replacement Project to Various Vendors at a Total Cost of $79,466.00. G. Award RFB-08-12, Purchase and Installation of Lighting, Equipment, and Hydraulic Systems for 2008 International Single Axle Cab & Chassis at a Total Cost of $43,585.01. H. Approve Renewal Option for RFP-07-20 Interim Connections Newsletter to Welch Creative Group in the Total Amount of $45,000. l. RESOLUTION 15-2008 - A RESOLUTION AMENDING THE FISCAL YEAR 2008 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR A PUBLIC INFRASTRUCTURE FUNDING INFORMATION PROGRAM IN THE AMOUNT OF $48,200 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING, Item 3. COUNCIL BILL 04-2008 - SECOND READING OF AN ORDINANCE FOR A CHANGE OF ZONING CONDITIONS ON PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT AND FOR APPROVAL OF AN AMENDED OUTLINE DEVELOPMENT PLAN AT 7495 W. 29TH AVENUE (CASE NO. WZ- 08-01/PHARO FOR M&E FINANCIAL- WADSWORTH EXCHANGE). COUNCIL BILL 05-2008 - SECOND READING OF AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO EXPAND USE OF THE ADMINISTRATIVE ENFORCEMENT PROCEDURES AND TO AUTHORIZE CERTAIN CITY EMPLOYEES TO ENFORCE THE SAME. Item 2. CITY COUNCIL AGENDA: March 24, 2008 Page -3- Item 4. COUNCIL BILL 06-2008 - SECOND READING OF AN ORDINANCE AMENDING SECTION 26-803 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO FLOODPLAIN CONTROL. DECISIONS. RESOLUTIONS. AND MOTIONS Item 5. RESOLUTION 17-2008 - A RESOLUTION APPROVING A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $150,000 FROM THE FISCAL YEAR 2008 GENERAL FUND UNDESIGNATED RESERVES FOR THE PURPOSES OF PURCHASING THE PROPERTY LOCATED AT 3388 SWADLEY STREET IN THE AMOUNT NOT-TO-EXCEED $300,000. Item 6. Award ITB-08-13-2008 Overlay/Concrete Rehab Project to Brannan Sand and Gravel in the Amount of $1 ,206,031.78. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT ~ ~~ liWilOOfllfl\ifD ~Ui Ii ~~~LS11J CITY OF WHEAT RIDGE, COLORADO Februarv 25. 2008 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Councilmembers present: Karen Adams, Karen Berry, Dean Gokey, Tracy Langworthy, Lena Rotola, Wanda Sang, Mike Stites, and Terry Womble. Also present: City Clerk, Michael Snow; Deputy City Manager, Patrick Goff; City Attorney, Gerald Dahl; Director of Cornmunity Development, Kenneth Johnstone; Director of Public Works, Tim Paranto; staff; and interested citizens. APPROVAL OF MINUTES OF Februarv 11.2008 Motion by Mrs. Sang for approval of the Minutes of February 11, 2008; seconded by Mr. Stites and Mr. Womble; carried 5-b with Council Members Gokey, Berry and Rotola abstaining due to their absence. PROCLAMATIONS AND CEREMONIES Chief Brennan presented a Citizens' Award to Belinda Hoole for her extraordinary response and outstanding assistance to the Police during a recent call of domestic violence involving the stabbing of a mother. Ms. Hoole was riding along with a Police Commander on November 29, 2007 as a volunteer roll-player for the Crisis Intervention Team, when the call was received. Chief Brennan presented Ms. Hoole a Certificate of Appreciation on behalf of the Wheat Ridge Police Department for her outstanding help in comforting and caring for the children during this unfortunate episode. Commander Joe Cassa also added that Belinda Hoole has been an important part of the Peer Counselor Class at Wheat Ridge High School and further commended her on her contributions to the Wheat Ridge Police Department. CITIZENS' RIGHT TO SPEAK Karen Thaler, spoke to Council and thanked them for their kind wishes upon her diagnosis of Multiple Sclerosis. Mrs. Thaler will be taking part the National MS Week, March 10-17, 2008. Wheat Ridge High School student, Tom Meiers, spoke to Council and asked for a contribution from Council to support the Relay for Life. A contribution from Council would help further cancer research, cancer education, patient services and advocacy for the American Cancer Society. CITY COUNCIL MINUTES: February 25, 2008 Page -2- Item 1. CONSENT AGENDA A. Approval of Award of SOQ-07-48 38th & Kipling Master Plan Design to Design Concepts in the amount of $49,980 for the Park Master Plan. B. Approval of Award RFB-08-09, Radar Speed Display Signs to Gades Sales Company in the amount of $29,400.00. Consent Agenda was introduced and read by Mr. Stites. Mr. Gokey asked to pull Item A from the Consent Agenda. Motion by Mr. Stites for approval of the Consent Agenda Item B; seconded by Mrs. Adams; carried 7-1 with Mrs. Langworthy voting No. Motion by Mr. Gokey to deny Consent Agenda Item A; seconded by Mrs. Sang; tied 4-4 with Council Members Womble, Rotola, Sang and Gokey voting Yes. Mayor DiTullio broke the tie by voting no. Motion failed 5-4. Motion by Mr. Stites to approve the Award of SOQ-07-48 38th & Kipling Master Plan Design to Design Concepts in the amount of $49,980 for the Park Master Plan; seconded by Mrs. Adams; tied 4-4 with Council Members Gokey, Womble, Sang and Rotola voting No. Mayor DiTullio broke the tie by voting yes. Motion carried 5-4. CITY COUNCIL MINUTES: February 25, 2008 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Page -3- Item 2. COUNCIL BILL 02-2008 - AN ORDINANCE AMENDING THE CODE OF LAWS SECTION 26-711, CONCERNING BILLBOARDS IN THE B-2 BILLBOARD DISTRICT AND REPEALING SECTION 26-711.B. Council Bill 02-2008 was introduced on second reading by Ms. Berry. City Clerk Michael Snow assigned Ordinance No. 1408. Kenneth Johnstone presented the staff report. Mr. Johnstone entered into record a letter addressed to Council from Richard Holme, written on behalf of CBS Outdoor, Inc., Lamar Advertising Company and Mile High Outdoor addressing concerns and suggesting changes to the proposed Ordinance (attached to this packet). Mark Giordano, owner of United Advertising, spoke in favor of staff's recommended changes proposed in the second version of the Ordinance and those requested changes in Mr. Holmes' letter. His comments also included, but were not limited to: an ordinance that gives power to the property owners was preferential; raising the height limits for billboards to 45 feet brings the standards in Wheat Ridge in line with those in surrounding Denver municipalities; if down-lighting is a requirement in the Ordinance, it is encouraged to exempt the lighting structures atop the billboard from the height limit; Chip Roehrig of Lamar Outdoor Advertising spoke to Council regarding a study that showed CEVMS (variable lighting message signs) caused no increase in vehicle accidents. Mr. Roehrig also pointed out that CEVMS signs can also be used for Public Service Announcements and Emergency Response messaging. Mr. Roehrig provided handouts to Council pertaining to Richard Holme spoke to Council in favor of the changes he suggests in his letter referenced above. His comments also included, but were not limited to: because of the current height limits, several of the existing billboards in the City block the view of business' building signs near them; most cities in the Metro area have adopted a 45-foot height limit; studies and court cases pertaining to the claim that CEVMS's caused an increase in accident incidence have found that there was absolutely no evidence to support the claim that they do. Mr. Holme asked Council whether licenses for billboards number 17 & 18 which the new Ordinance allows in the City would be issued under the criteria in this new Ordinance. Mr. Dahl's answer to Mr. Holme's question was that the 17th& 18th billboards in the City would, in fact, be licensed under the new Ordinance. Mr. Holmes answered a question from Council Member Langworthy pertaining to whether CEVMS can be retrofitted to old boards or complete re-construction is necessary. Mr. Holme's answer was that electronic backlit boards do not require new structures, but instead are retrofitted with a new sign box. CITY COUNCIL MINUTES: February 25, 2008 Page -4- Motion by Ms. Berry to continue Council Bill 02-2008, Ordinance 1408 for up to 60 days. I further move to direct the City Manager to: · complete an impact fee study that will evaluate collection of impact fees for new and existing billboards up to 2% of gross annual revenues of each billboard, · to complete an ordinance to implement the results of the impact fee study, · to complete any associated changes to the billboard ordinance needed to implement the impact fee based on the study, · to look at possible revisions to the Billboard Ordinance outlined in the February 20 letter from Richard Holme and CBS Outdoor, particularly those pertaining to CEVMS and backlit signs. · The City Manager shall complete these tasks prior to scheduling the Council Bill for further public hearing, but no later than 60 days from today. Seconded by Mr. Womble; carried 8-0. CITY COUNCIL MINUTES: February 25,2008 ORDINANCES ON FIRST READING Page -5- Item 3. COUNCIL BILL 03-2008 - AN ORDINANCE DESIGNATING A STRUCTURE ON PROPERTY LOCATED AT 7495 W. 29TH AVENUE AN HISTORIC LANDMARK SUBJECT TO THE PROVISIONS OF CHAPTER 26, ARTICLE IX OF THE WHEAT RIDGE CODE OF LAWS. (CASE NO. WHL-08-01). Council Bill 03-2008 was introduced on first reading by Mr. Womble. Motion by Mr. Womble to approve Council Bill 03-2008. Motion died for lack of a Second. Item 4. COUNCIL BILL 05-2008 - AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO EXPAND USE OF THE ADMINISTRATIVE ENFORCEMENT PROCEDURES AND TO AUTHORIZE CERTAIN CITY EMPLOYEES TO ENFORCE THE SAME. Council Bill 05-2008 was introduced on first reading by Mrs. Langworthy. Motion by Mrs. Langworthy to approve Council Bill 05-2008 on first reading, order it published, public hearing set for Monday, March 24, 2008 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs. Sang; carried 8-0. Item 5. COUNCIL BILL 06-2008 - AN ORDINANCE AMENDING SECTION 26- 803 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO FLOODPLAIN CONTROL. Council Bill 06-2008 was introduced on first reading by Ms. Berry. Motion by Ms. Berry to approve Council Bill 06-2008 on first reading, order it published, public hearing set for Monday, March 24, 2008 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mr. Stites and Mrs. Adams; carried 8-0. CITY COUNCIL MINUTES: February 25, 2008 Page -6- Item 6. COUNCIL BILL 04-2008 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF CHANGE OF ZONING CONDITIONS ON PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT AND FOR APPROVAL OF AN AMENDED OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 7495 W. 29TH AVENUE. (CASE NO. WZ-08-01/WADSWORTH EXCHANGE) Council Bill 04-2008 was introduced on first reading by Mrs. Sang. Motion by Mrs. Sang to approve Council Bill 04-2008 on first reading, order it published, public hearing set for Monday, March 24, 2008 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs. Rotola; carried 7-1 with Mr. Womble voting No. DECISIONS. RESOLUTIONS. AND MOTIONS Item 7. Ratification of Mayor DiTullio's Wheat Ridge Housing Authority appointment. Motion by Mrs. Adams to ratify the Mayoral appointment of Cheryl Brungardt to the Wheat Ridge Housing Authority, term to expire March 2013; seconded by Mr. Stites; carried 8-0. Item 8. Board and Commission appointments. DISTRICT I Motion by Mr. Womble to appoint Diane Robb to the Cultural Commission, term ending 3/2/11; seconded by Mrs. Rotola; carried 8-0. DISTRICT II Motion by Mrs. Sang to appoint: Robert Blair to the Board of Adjustment, terrn ending 3/2/11; Patricia Ennis to the Parks & Recreation Commission, term ending 3/2/11; Steve Timms to the Planning Commission, term ending 3/2/11; Joyce Jay to the Cultural Commission, term ending 3/2/11; Seconded by Mr. Gokey; carried 8-0. CITY COUNCIL MINUTES: February 25, 2008 Page -7- DISTRICT III Motion by Mrs. Adams to appoint: Virginia Petty to the Animal Control Commission, term ending 3/2/11; Louise Turner to the Animal Control Commission, term ending 3/2/11; Thomas Abbott to the Board of Adjustment, term ending 3/2/11; Helen Huitt to the Parks & Recreation Commission, term ending 3/2/11; Vanida West to the Cultural Commission, term ending 3/2/11; Seconded by Mr. Stites; carried 8-0. DISTRICT IV Motion by Mrs. Rotola to appoint: Paul Hovland to the Board of Adjustment, term ending 3/2/11; James Molnar to the Building Code Advisory Board, term ending 3/2/11 ; Scott Anderson to the Cultural Commission, term ending 3/2/11; Liz George to the Parks & Recreation Commission, term ending 3/2/11; Patricia Dwyer to the Parks & Recreation Commission, term ending 3/2/11 ; Seconded by Mr. Womble; carried 8-0. AT LARGE Motion by Mrs. Adams to appoint Sylvia Angell to the Cultural Commission, term ending 3/2/09; seconded by Mr. Stites and Mr. Womble; carried 8-0. Item 9. Ratification of Mayor DiTullio's Wheat Ridge Foundation appointments. Motion by Mrs. Adams to ratify the mayoral appointment of: Dewey Bridge to the Wheat Ridge Foundation; term to expire March 2011 ; Patricia Dwyer to the Wheat Ridge Foundation; term to expire March, 2011; Lorraine Wright to the Wheat Ridge Foundation; term to expire March, 2011; David Petersen to the Wheat Ridge Foundation; term to expire March, 2010; Seconded by Mr. Stites and Mr. Womble; carried 8-0. CITY COUNCIL MINUTES: February 25, 2008 ELECTED OFFICIALS' MATTERS Page -8- Mayor DiTullio gave thanks to the Wheat Ridge Rotary and Wal-Mart for their donations to the Careers Exploration Class at Wheat Ridge High School. With help of teacher Anna Taylor and these community donations, students have recently lead the opening of the Joe Pit Coffee Shop at Wheat Ridge High School. Mr. DiTullio wished a welcome back to Karen Thaler and Dean Gokey. Lastly, Mr. DiTullio asked the City managernent to move the laptop at the podium to allow roorn for speakers to easily reach the microphone. Mr. Womble commented it was good to see Dean Gokey and Karen Thaler back in action. Mr. Gokey expressed he was very grateful for all the outpouring of care, good wishes and help he's received in the recent weeks while he was ill and in the hospital. Mrs. Langworthy gave Dean Gokey and Karen Thaler a welcome back and further commented to Karen that her contributions and devotion to the City's welfare are very important. Mrs. Sang said she was glad to have her partner on Council back. Ms. Berry mentioned she was glad to have Dean Gokey back with his humor and good attitude. Motion by Mrs. Berry to direct the City Manager to draw up a budget amendment to sponsor a table for Wheat Ridge Officials at the Jefferson Center Mental Health 50th Anniversary in the amount of $1 ,200; seconded by Mrs. Adams and Mrs. Sang; carried 8-0. Mrs. Rotola told Dean Gokey and Karen Thaler she was glad to see them back and mentioned if they needed anything, to ask. Mrs. Rotola also commented on the recent YourHub articles about Wheat Ridge showing what a great place WR is. Mrs. Adams voiced she was joyous to have Dean Gokey back as well as Karen Thaler. Mrs. Adams commented that the billboard process has been long and grueling, but important and thanked staff for their hard work and for citizens and the business community for their contributions in the process, Mr. Stites welcomed Dean Gokey and Karen Thaler back in action. Mr. Stites also commented he was glad to see the park development process getting under way for 38th & Kipling, and as always, for residents to "find it and buy it" in Wheat Ridge. CITY COUNCIL MINUTES: February 25, 2008 Page -9- Meeting adjourned at 8:16 p.m. Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON MARCH 24, 2008 BY A VOTE OF to Mike Stites, Mayor pro tem The preceding Minutes were prepared according to 947 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. "< ~' _ ~ City of . pWheatRLdge ITEM NO: I. A REQUEST FOR CITY COUNCIL ACTION 4~"~. ",\",,^~l!?;~ bt(~~.:"A&:B:iji RU [n COUNCIL MEETING DATE: March 24, 2008 TITLE: RESOLUTION 14-2008 - A RESOLUTION AMENDING THE FISCAL YEAR 2008 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION TO SPONSOR A TABLE FOR ELECTED OFFICIALS AT THE JEFFERSON CENTER FOR MENTAL HEALTH ANNIVERSARY GALA IN APRIL, 2008 FOR $1,200 o PUBLIC HEARING 0 ORDINANCES FOR 1ST READING (Date: ) o BIDSIMOTIONS [g] RESOLUTIONS o ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes [g] No , Oa-h. uiJJrA Deputy City Manager City~~ EXECUTIVE SUMMARY: Council passed a motion at the February 25, 2008 meeting to prepare a budget amendment to sponsor a table for Wheat Ridge officials at the Jefferson Center Mental Health 50th Anniversary in the amount of$1,200.00. COMMISSIONIBOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: The sponsorship of this event was not planned in the 2008 Outside Agency Contributions; therefore the 2008 Budget must be amended accordingly. ALTERNATIVES CONSIDERED: None FINANCIAL IMPACT: There are adequate funds in the General Fund unreserved fund balance to meet this request. RECOMMENDED MOTION: "I move to approve Resolution 14-2008 - A Resolution Amending the Fiscal Year 2008 General Fund Budget to Reflect the Approval of a Supplemental Budget Al'l'wl',:ation to Sponsor a Table for Elected Officials at the Jefferson Center for Mental Health Anniversary Gala in the Amount of $1,200.00" or, 1 move to postpone indefmitely Resolution 14-2008 for the following reason( s) " Report Prepared by: Janice Smothers, Assistant to the Mayor Reviewed by: Patrick Goff, Deputy City Manager Attachments: 1. Resolution 14-2008 RESOLUTION 14 Series of 2008 TITLE: A RESOLUTION AMENDING HtE FISCAL YEAR 2008 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION TO SPONSER A TABLE FOR ELECTED OFFICIALS AT THE JEFFERSON CENTER FOR MENTAL HEALTH ANNIVERSARY GALA IN APRIL, 2008 FOR $1,200 WHEREAS, $15,100 was included in the adopted 2008 Budget for the City of Wheat Ridge Outside Agency Contribution account; and WHEREAS, Council passed a Motion at the February 25, 2008 meeting to prepare a budget amendment to sponsor a table for Wheat Ridge Officials at the Jefferson Center For Mental Health 50th Anniversary in the amount of$I,200; and WHEREAS, the sponsorship of this event was not planned in 2008 Outside Agency Contributions; therefore the 2008 Budget must be amended accordingly; and NOW THEREFORE BE IT RESOLVED by the City Council ofthe City of Wheat Ridge, Colorado, as follows: A. The City of Wheat Ridge fiscal year 2008 General Fund Budget be amended accordingly, specifically transferring a total of$I,200 from General Fund unreserved fund balance into account #01-102-700-780. DONE AND RESOLVED THIS day of March 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk ..".. ~ r City of yprWheatRl.-dge ITEM NO: LB. REQUEST FOR CITY COUNCIL ACTION ~~~ I III WI COUNCIL MEETING DATE: March 24,2008 TITLE: RESOLUTION 16-2008 - A RESOLUTION AMENDING HIE FISCAL YEAR 2008 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION TO PURCHASE TWO (2) TACTICAL VESTS FOR HIE WHEAT RIDGE POLICE DEPARTMENT SWAT TEAM IN THE AMOUNT OF $5,850.00. o PUBLIC HEARING o BIDS/MOTIONS I:8l RESOLUTIONS o ORDINANCES FOR I ST READING (mmlddlyyyy) o ORDINANCES FOR 2ND READING (mmlddlyyyy) Quasi-judicial: DYES I:8l NO [)th(Jp~ Chief of Police ~C>o-);-c$ City Manage~ c! EXECUTIVE SUMMARY: The Wheat Ridge Police Department SWAT Team utilizes special tactical vests with extra ballistic protection to perform their duties in high-risk situations. These vests are specially made, costing approximately $2,925.00 each. The Wheat Ridge Police Department's policy has been to replace heavy armor every five to seven years. The vests being replaced are seven years old. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: In 2007, two tactical vests were ordered for the SWAT Team. The vests were expected to be delivered before December 31, 2007; however, they were delayed in delivery due to manufacturing changes. The vests were not delivered as scheduled and are anticipated to be received in March, 2008. The department had not included these tactical vests in Resolution 08-2008 amending the 2008 fiscal year budget to reflect the approval of a supplemental budget request to encumber 2007 fiscal year encumbered funds. ALTERNATIVES CONSIDERED: N/A FINANCIAL IMPACT: A supplemental budget appropriation is requested in the amount of $5,850.00. A grant through the Bureau of Justice Assistance Bulletproof Vest Program will reimburse half this amount, $2925.00, to the general fund. RECOMMENDED MOTION: "I move to approve Resolution 16-2008, a Resolution Amending the Fiscal Year 2008 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation to Purchase Two (2) Tactical Vests for the Wheat Ridge Police Department SWAT Team, in the Amount of $5,850.00 Or, "I move to table indefinately Resolution 16-2008 for the following reasons: " Report prepared by: Report verified by: ATTACHMENTS: 1. Resolution 16-2008 CITY OF WHEAT RIDGE, COLORADO RESOLUTION 16 Series of 2008 TITLE: A RESOLUTION AMENDING UiE FISCAL YEAR 2008 GENERAL FUND BUDGET TO REFLECT UtE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION TO PURCHASE TWO (2) TACTICAL VESTS FOR THE WHEAT RIDGE POLICE DEPARTMENT SWAT TEAM, INum AMOUNT OF $5,850.00. WHEREAS, the City Council finds that police officers serving in high-risk capacities need additional ballistic protection; and WHEREAS, two tactical SWAT vests were ordered in 2007 but did not arrive before the end of the 2007 fiscal year; and WHEREAS, monies for the purchase of two tactical vests was budgeted for in the 2007 fiscal budget but was not included in the encumbrance of 2007 fiscal year encumbered funds for the 2008 fiscal year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City Council authorizes the transfer of$5,850.00 from the General Fund undesignated reserves to account 01-211-700-730 and amending the 2008 fiscal year budget accordingly. DONE AND RESOLVED TillS day of 2008. Jerry DiTullio, Mayor ATTEST: Michael D. Snow, City Clerk AT I ACHMENT 1 ,"~Jc( ~ , ~ City of ?WheatR;L.dge ITEM NO: /. C. REQUEST FOR CITY COUNCIL ACTION ~ '~~.........:...~~ "~...... ~~ COUNCIL MEETING DATE: March 24, 2008 TITLE: RESOLUTIONS 11-2008 AND 12-2008 - RESOLUTIONS APPROVING CONTRACTS WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR DESIGN OVERSIGHT OF mE STATE HIGHWAY 58/CABELA DRIVE INTERCHANGE AND TtlE INTERSTATE 70/32ND AVENUE INTERCHANGE PROJECT o PUBLIC HEARING o BIDS/MOTIONS IZI RESOLUTIONS o ORDINANCES FOR 1ST READING o ORDINANCES FOR 2ND READING Quasi-Judicial: 0 Yes IZI No --;;;::d f: ~J Director of Public Works Ci~~r~ CS EXECUTIVE SUMMARY: The Colorado Department of Transportation (CDOT) requires that the City reimburse the Department for staff costs and expenses incurred in review and oversight of the design of improvements on State highways. The attached contracts provide for the reimbursement of CDOT costs, not-to-exceed $400,000, associated with the design of the new SH58/Cabela Drive Interchange and improvements to the I_70/32nd Avenue Interchange. The payments to CDOT will then be reimbursed to the City by the Longs Peak Metropolitan District. COMMISSIONIBOARD RECOMMENDATION: N/A ~TATEMENT OF THE ISSUES: The I_70/32nd Avenue Interchange Finding of No Significant Impact (FONSI) identified several improvements to the street and highway system in the vicinity of the I_70/32nd Avenue interchange. The construction of a new interchange on SH58 at Cabela Drive and improvements to the I_70/32nd Avenue Interchange requires the City to comply with CDOT Policy 1601 which requires that the City reimburse the CDOT for staff costs and expenses incurred in review and oversight involved in the design of the proposed improvements. The attached contracts provide for the reimbursement of CDOT costs, not-to-exceed $400,000 ($200,000 for each contract), associated with the design oversight. The payments to CDOT by the City will be reimbursed by the Longs Peak Metropolitan District in accordance with the December II, 2006 Intergovernmental Agreement. ALTERNATIVES CONSIDERED: If the Resolutions are not approved, CDOT will not be reimbursed for review of design and the new interchange and improvements to the existing I-70/32nd Avenue Interchange will not be constructed. FINANCIAL IMPACT: Each contract provides for reimbursement of costs incurred by CDOT to a maximum of $200,000. While the City may reimburse CDOT for its expenses in reviewing the design work, all costs will ultimately be paid for by the Longs Peak Metropolitan District. RECOMMENDED MOTION: "I move to approve Resolution 11-2008. a Resolution Approving a Contract with the Colorado Department of Transportation, and in Connection Therewith, Approving the Expenditure of Funds for Project No. 16051, Design Oversight Concerning the SH58/Cabela Drive Interchange. I further move to approve Resolution 12-2008. a Resolution Approving a Contract With the Colorado Department of Transportation, and in Connection Therewith, Approving the Expenditure of Funds for Project No. 16063, Design Oversight Concerning Improvements to the I_70/32nd Avenue Interchange." or: "I move to table indefinitely Resolution 11-2008 and Resolution 12-2008 Approving Contracts with the Colorado Department of Transportation for the Design Oversight Concerning the SH58/Cabela Drive Interchange and the I-70/32nd Avenue Interchange, for the following reason(s): " Report Prepared by: Report Reviewed by: Tim Paranto Attachments: 1. Resolution No. 11-2008 2. Resolution No. 12-2008 3. CDOT Contract No. 16051 4. CDOT Contract No. 16063 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 11-2008 Series of 2008 TITLE: A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION, AND IN CONNECTION THEREWITH, APPROVING THE EXPENDITURE OF FUNDS FOR PROJECT NO. 16051, DESIGN OVERSIGHT CONCERNING SH58/CABELA DRIVE INTERCHANGE WHEREAS, the City Council wishes to provide for the construction of a new interchange on State Highway 58; and WHEREAS, the City has negotiated a contract with the Colorado Department of Transportation, for the purpose of obtaining state approval and oversight for the Project, and; WHEREAS, the cost of the Project is estimated not to exceed $200,000, which funds are available for this purpose in Fund No. 30, and WHEREAS, the City Council has previously entered into an Intergovernmental Agreement dated December 11, 2006, with the Longs Peak Metropolitan District, Section 4.7 of which provides for the costs of the Project to be reimbursed by the Metropolitan District. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Contract Aooroved. The contract between the City and the Colorado Department of Transportation for Project 16051: new SH58/ Cabela Drive Interchange, is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same. Section 2. Exoenditure Aooroved. The expenditure of not to exceed $200,000 is hereby approved from Fund 30; Account No. 30-303-800-841, for the purpose of Project 16051. Section 3. Effective Date This Resolution shall be effective immediately upon adoption. A I I ACHMENT 1 DONE AND RESOLVED this ATTEST: Michael Snow, City Clerk RESO 001 day of Jerry DiTullio, Mayor 2 ,2008. CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 12-2008 Series of 2008 TITLE: A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION, AND IN CONNECTION THEREWITH, APPROVING THE EXPENDITURE OF FUNDS FOR PROJECT NO. 16063, DESIGN OVERSIGHT CONCERNING IMPROVEMENTS TO THE 1_70/32ND AVENUE INTERCHANGE WHEREAS, the City Council wishes to provide for the construction of improvements to the 1_70/32nd Avenue Interchange; and WHEREAS, the City has negotiated a contract with the Colorado Department of Transportation, for the purpose of obtaining state approval and oversight for the Project, and; WHEREAS, the cost of the Project is estimated not to exceed $200,000, which funds are available for this purpose in Fund No. 30, and WHEREAS, the City Council has previously entered into an Intergovernmental Agreement dated December 11, 2006, with the Longs Peak Metropolitan District, Section 4.7 of which provides for the costs of the Project to be reimbursed by the Metropolitan District. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Contract Aooroved, The contract between the City and the Colorado Department of Transportation for Project 16063: Improvements to the 1-70/ 32nd Avenue Interchange, is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same. Section 2. Exoenditure Aooroved. The expenditure of not to exceed $200,000 is hereby approved from Fund 30; Account No. 30-303-800-841, for the purpose of Project 16063. Section 3. Effective Date This Resolution shall be effective imrnediately upon adoption. ATTACHMENT 2 DONE AND RESOLVED this ATTEST: Michael Snow, City Clerk RESO 001 day of Jerry DiTullio, Mayor 2 ,2008. (Local $CDOTWRK-160IA) Project CC 0581-009 (16051) City of Wheat RidgelRegion 6 (rp) Rev 10/03 08 HA6 00099 SAP ill 331000089 CONTRACT THIS CONTRACT made this _ day of 20_, by and between the State of Colorado for the use and benefit of the COLORADO DEPARTMENT OF TRANSPORTATION hereinafter referred to as the State and the CITY OF WHEAT RIDGE, 7500 West 29TH Avenue, Wheat Ridge, Colorado 80033, eDOY Vendor Number:2000099 hereinafter referred to as the Local Agency or the "Local Agency." RECITALS 1. Authority exists in the law and funds have been budgeted, o.},l"u}',;ated and otherwise made available and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs in Fund Number 400, Function 3020, GLAccount Number <<>>, WBS Element <<>>, (Contract Encumbrance Amount: $0,00). 2. Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 3, Pursuant to 43-2-1 04.5 C.R.S. as amended, the State may contract with Local Agencies to provide maintenance and construction of highways that are part of the state (or local agency) highway system. 4, The Local Agency will be preparing final designs, studies, and other documents in anticipation of a new interchangc at State Highway 58 and Cabela Drive. The interchange project will be subject to the procedures outlined in CDOT's procedural directive 160 I, which is attached hereto by this reference. 5. The Local Agency has made funds available for project CC 0581 -009 (16051), which shall consist of review services by CDOT of/he conceptual designs, studies and other documents, referred to as the "Project" or the "Work." Such Work will be performed in Wheat Ridge, Colorado, specifically described in Exhibit A. 6. The Local Agency has funds available and desires to provide 100% of the funding for the "Work." 7. The Local Agency has estimated the total cost of the work and is prepared to provide its share of the funding required for the work, as evidenced by an ~pp,u}',;ate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to expend its funds for the work under the Page 1 of8 A I I ACHMENT 3 project. A copy of the ordinance orresolution is attached hereto and incorporated herein as Exhibit B. 8. This contract is executed under the authority of 9929-1-203,43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-144, C.RS. and Exhibit B. 9. The parties hereto desire to agree upon the division of responsibilities with regard to the project THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The Project or the Work under this contract shall consist of review services by COOT ofthe . conceptual designs, studies and other documents afSH58 and CabelaDrive, in Wheat Ridge, Colorado, as more specifically described in Exhibit A. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts or inconsistencies shall be resolved hy reference to the documents in the following order of priority: 1. This contract 2. Exhibit A (Scope of Work) 3. Exhibit C (Contract Modification Tools) 4. Other Exhibits in descending order of their attachment. Section 3. Term This contract shall be effective upon approval of the State Controller or designee, or on the date made, whichever is later, The term of this contract shall continue through the completion and final acceptance of the Project by the State, FHW A and the Local Agency, Section 4. project Fnnding Provisions A. The Parties have estimated the total cost of the "Work" and each party is prepared to provide its respective share of the funding required for the work, as evidenced by an appropriate ordinance or . resolution duly passed and adopted by the authorized representative of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to expend its funds for the work under the project. A copy ofthe ordinance or resolution is attached hereto and incorporated herein as Exhibits B. B. The parties have estimated the total cost the work to be $200,000.00, which is to be funded as follows: a, Local Agency Funds $200,000.00 Page 2 of8 Total Funds: $200,000.00 C. The maximum amount payable by the Local Agency under this contract shall be $200,000.00, unless such amount is increased by an appropriate written modification to this contract executed before any increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this contract, and that such cost is subjectto revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award, D. The parties hereto agree that this contract is contingent upon all funds designated for the proj ect herein being made available from Local Agency sources, as applicable. Should these sources fail to provide necessary funds as agreed upon herein, the contract may be terminated by any of the parties, provided that any party terminating its interest and obligations herein shall not be relieved of any obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. Section 5. Project Payment Provisions A. The Local Agency will reimburse the State for its share of incurred costs relative to the project following the Local Agency's review and approval of such charges, subject to the terms and' conditions of this contract. B. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as follows: 1. Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 60 days of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that, at the request of the State, the State Treasurer may withhold an equal amount from future apportiomnent due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway Supplementary Fund (400). 2, If the Local Agency fails to make timely payment to the State as required by this section (within 60 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the amount ofthe payment which was not made in a timely manner, until the billing is paid in full. The interest shall accrue for the period from the required payment date to the date on which payment is made. C. The State will prepare and submit to the Local Agency, no more than monthly, charges for costs incurred relative to the project. The State's invoices shall include a description of the amounts of. services performed, the dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared in accordance with the State's standard policies, procedures Page 3 of8 and standardized billing format. Section 6. State and Local Agency Commitments A. The Local Agency shall be responsible for preparing the conceptual designs, studies and other documents required in accordance with the provisions ofthe CDOT 1601 procedural directive for the proposed new interchange. B. CDOT shall provide review services for the conceptual designs, studies and other documents as prepared by the Local Agency for compliance with the 1601 procedural directive and other applicable state and federal requirements. C, The Local Agency Contract Administration Checklist in Exhibit G further describes the Work to be performed and assigns responsibility ofthatW ork to either the Local Agency or the State. The "Responsible party" referred to in this contract means the Responsible Party as identified in the Local Agency Contract Administration Checklist in Exhibit G. Section 7. Environmental Obligations The Local Agency shall prepare its conceptual designs, studies and other documents in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEP A) as applicable. Section 8. Record Keeping The parties shall maintain a complete file of all records, documents, communications, and other written materials, which pertain to the costs incurred under this contract. The parties shall maintain such records for a period of three (3) years after the date of termination of this contract or . final payment hereunder, whicheveris later, orfor such further period as may be necessary to resolve any matters which may be pending. Each party shall make such materials available for inspection at all reasonable times and shall pennit duly authorized agents and employees of the state and the Local Agency to inspect the project and to inspect, review and audit the project records. Section 9. Termination Provisions This contract may be terminated as follows: A. Termination for Convenience. The State may terminate this contract at any time the State determines that the purposes of the distribution of moneys under the contract would no longer be served by completion of the project. The State shall effect such tennination by giving written notice oftennination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the Page 4 of8 covenants, agreements, or stipulations ofthis contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of its intent to . terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event oftermination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted, The Local Agency shall be obligated to retum anypayments advanced under the provisions ofthis contract. Notwithstanding the above, the Local Agency shall not be relieved ofliabilityto the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agency is determined. If after such termination it is determined, for any reason, that the Local Agency was not in default or that the Local Agency's action/inaction was excusable, such termination shall be treated as a . termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein. Section 10. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind' each party to its terms, The person(s) executing this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this contract. Section 11. Representatives and Notice The State will provide liaison with the Local Agency through the State's Region Director, Region 6,2000 South Holly Street, (303) 757-9459. Said Region Director will also be ,,,"ol'vusible for coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to the Local Agency for commencement of the Work, All communications relating to the day-to-day activities for the work shall be exchanged between representatives of the State's Transportation Region # and the Local Agency, All communication, notices, and correspondence shall be addressed to the individuals identified below, Either party may from time to time designate in writing new or substitute representatives. If to State: Joy French Proj ect Manager CDOT Region 6 2000 South Holly Street Denver, Colorado 80222 Ifto the Local Agency. Tim Paranto City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80033-8001 (303) 235-2860 Page 5 of8 (303) 757-9528 Section 12. Successors Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 13. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency, Nothing contained in this contract shall give or allow any cllum or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State and the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Section 14. Governmental Immunity Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be construed or in~"'I-',,,~,,d as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, ~ 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of ~ 24-10-101, et seq., C,R.S., as now or hereafter amended and the risk . management statutes, ~~ 24-30-1501, et seq., C.R,S., as now or hereafter amended. Section 15. Severability To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any tenn or provision hereofbe declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 16. Waiver The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement. Section 17. Entire Understanding This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, Page 6 of8 addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules. Section 18. Survival of Contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance, compliance or effect beyond the tennination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. Section 19. Modification and Amendment This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations, Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this contract shall be effective unless agreed to . in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. Section 20. Funding Letters The State may allocate more or less funds available on this contract using a bilateral Option Letter substantially equivalent to Exhibit C and bearing the approval ofthe State Controller or his designee. The bilateral Option Letter shall not be deemed valid until it shall have been approved by the State Controller or his designee. Section 21. Dispntes Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or othelwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the contract in accordance with the Chief Engineer's decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as [mal agency action. This' dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this contract, however, shall be construed as making [mal the decision of any administrative official, representative, or board on a question oflaw. Page 7 of8 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: BILL RITTER, JR. GOVERNOR City of Wheat Ridl!e Legal Name of Contracting Entity Bv For Executive Director Department of Transportation 2000099 CDOT Vendor Number Signature of Authorized Officer Print Name & Title of Authorized Officer CORPORATIONS: (A corporate seal or attestation is required.) Attest (Seal) Bv (Corporate Secretary or Equivalent, or Town/Local Agency/County Clerk) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controlier approve ali state contracts. This contract is not valid until the State Controlier, or such assistant as he may deiegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods andlor services provided, . STATE CONTROLLER: LESLIE M. SHENEFELT By Date Page 8 of8 Exhibit A Scope of Work This contract scope of work is for design oversight for the new interchange on SH 58 East of Mcintyre and West of the railroad bridge. The interchange will connect Cabela Dr from the South to Holman St to the North. The major items include: 1. Design oversight of new structure E-16-XO. This structure will go over SH 58 at Holman St to the North and Cabela Dr to the South. This includes both on and off ramps to SH 58 for all movements East and West. 2. Design oversight of 2 traffic signals controlling the on and off movements at SH 58. 3, Design oversi9ht of Cabela Dr from 44th Avenue to the South and East for approximately 4000 feet. 4. Design oversight of a retaining wall along WB SH 58 off ramp (Ramp 3). 5. Design oversight of one retention pond between EB SH 58 on ramp (Ramp 2) and Cabela Dr. "Exhibit B LOCAL AGENCY ORDINANCE or RESOLUTION \ \ \ \ \ \ \ \ Exhibit C COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT AUTHORITY: FUNDING INCREASE/DECREASE AND APPROVAL LETTER Region: State Controller Policy letter on June 12, 1996 Comolete section 1 and submit to COOT Controller's office, COOT Controller letter on Ma" 23, 1996 , I (1 )This form to be used for the following contracts/situations only (check the appropriate situation): _indefinite quantity, order more/add more _utility/railroad, underestimated total cost _CDOT construction, sum of CMO's _LA construction, underestimated cost COOT construction, underestimated total cost COOT consultant. underestimated cost I SECTION 1 (Reclon use) I Date: (2) I To: Proiect code (3) COOT Controller (FAX #(303) 757-9573 or e-mail CONTROLLER) Project # (4) From: Recion # (5) I Office: (5) I Phone # (5) FAX # (5) II COOT has executed a contract with: (6) Address: (6) FEIN # (6) Contract routing # (7) COFR$ encumbrance # (indicate PO, SC or PG #) (8) Fund (9) Orgn. (9) Appro. (9) Prgrm. (9) Func. (9) Object/Sub-obJ N/P (9) GBL (9) Reporting Catg. (g) Proj/Sub/Phase (9) I Original contract amount $ (10) Has a Budget Request been processed to cover the contract amount increase? vesno .(14) Previous Funding Letter(s} total $(ll) (Funding letter#l thru#---1 Pre parer's name (1 5) PHONE NO: This Funding Letter total $ (12) (#---1 Contract Administrator's/Buslness Manager's Approval (16) PHONE NO: Adjusted contract amount $ (13) COOT Designee Approval (17) Locai Agency approval (18) I SECTION 2 (Controller's Office use) (19) Total allotment amount $ (19) Commission budget $ (1 g) If construction: _CE pool eli9, (19) CE charges $ (19) Indirect chgs $ (19) Adjusted contract amount plus total CE & indirect charges calculation $ (19) I have reviewed the financial status of the project. organization, g rant and have determined that sufficient funds are available to cover this increase, effective as of (19) State Controller or Delegee (20) Date (20) Exhibit C - Page 1 of 1 Exhibit D LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST The following checklist has been developed to ensure that all required aspects of a project approved for Federal funding have been addressed and a responsible party assigned for each task. After a project has been approved for Federal funding in the Statewide Transportation Improvement Program, the Colorado Department of Transportation (CDOT) Project Manager, Local Agency project manager, and CDOT Resident Engineer prepare the checklist. It becomes a part of the contractual agreement between the Local Agency and COOT. The CDOT Agreements Unit will not process a Local Agency agreement without this completed checklist.-It will be reviewed at the Final Office Review meeting to ensure that all parties remain in agreement as to who is responsible for performing individual tasks. xvi Exhibit D COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST Project No. 0581-009 I STIP No. DR3404 Project Location SH 58 iust East of 1-70 Project Description SH 58 Interchange W/Cabela Dr Local Agency Local Agency Project Manager WheatridQe COOT Resident Engineer Ed Martinez Tim Paranto COOT Project Manager Joy French I Project Code 16Re9ion 16051 I Date 12/12/06 INSTRUCTIONS: This checklist shall be utilized to establish the contract administration responsibilities of the Individual parties to this agreement. The checklist becomes an attachment to the Local Agency agreement. Section numbers correspond to the applicable chapters of the CDOT Local Agency Manual. The checklist shall be prepared by placing an "X" under the responsible party, opposite each of the tasks. The "X" denotes the party responsible for initiating and executing the task. Only one responsible party should be selected. When neither COOT nor the Local Agency is responsible for a task, not applicable (NA) shall be noted. In addition, a "#" will denote that COOT must concur or approve. Tasks that will be performed by Headquarters staff will be indicated. The Regions, in accordance with established pOlicies and procedures, will determine who will perform all other tasks that are the responsibility of COOT. The checklist shall be prepared by the COOT Resident Engineer or the, COOT Project Manager, in cooperation with the Local Agency Project Manager, and submitted to the Region Program Engineer. If contract administration responsibilities change, the COOT Resident Enaineer. in cooperation with the Local Aaencv Proiect ManaQar. will prepare and distribute a revised checklist. NO. DESCRIPTION OF TASK I TIP I STIP AND LONG-RANGE PLANS I 2.1 J Review Proiect to ensure it is consist with STIP and amendments thereto I FEDERAL FUNDING OBLIGATION AND AUTHORIZATION I 4.1 I Authorize funding by phases (COOT Form 418 - Federal-aid Program Data. Requires FHWA concurrencelinvolvement) I PROJECT DEVELOPMENT I 5.1 Prepare Design Data - COOT Form 463 I 5.2 Prepare Local AFency/CDOT Inter-Governmental Agreement .(see also Chaoter 3) 5.3 Conduct Consultant Selection/Execute Consultant Aareement I 5.4 Conduct DesLgn ScopinQ Review Meetina I 5.5 Conduct Public Involvement I 5.6 Conduct Field Inspection Review (FIR) I 5.7 Conduct Environmental Processes (may reauire FHWA concurrl'''ncellnvolvemenH I 5.8 Acquire Ri9ht-of-Way (may re.QUire FHWA concurrence/involvement) 5.9 Obtain Utilitv and Railroad AQreements I 5.10 Conduct Final Office Review (FOR) I 5.11 Justify Force Account Work bv the Local Ailencv I 5.12 Justify ProQrietarv, Sole Source, or Local AQencv Furnished Items I 5.13 Document Design ExceD1ions - CDOT Form 464 I 5.14 Pre Dare Plans. Specifications and Construction Cost Estimates I 5.15 Ensure Authorization of Funds for Construction RESPONSIBLE PARTY LA CDOT X X X X X X X X X X X X X X X X X X X X COOT Form 1243 09/06 Page1 of4 Previous editions are obsolete and may not be used NO. Exhibit D DESCRIPTION OF TASK I PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE 161 COOT Resident Enpineer (Signature on File\. Date Set On-the-Job Training Goals. Goal is zero if total construction is less than $1 million (COOT Repion EEO/Civil Riqhts Specialist) Titie VI Assurances Ensure the correct Federal Wage Decision, all required Disadvantaged Business Enterprise/On~the-Job Training special provisions and FHWA Fonn 1273 are included in the _ _ _ Contract (COOT Resident EnQineer) I ADVERTISE, BID AND AWARD I 7.1 Obtain Aooroval for Advertisement Period of Less Than Three Weeks I 7.2 Advertise lor Bids I 7.3 Distribute "Advertisement SetQ of Plans and Soecificatlons 17.4 Review Worksite and Plan Details with Prospective Bidders While Project Is Under Advertisement I 7.5 ODen Bids I 7.6 Process Bids for CompJiance Check.CDOT Form 715 - Certificate of Proposed Underutilized DBE Participation when the low bidder meets UDBE goals Evaluate COOT Form 7fs - Underutilized DBE Good Faith Effort Documentation and determine if the Contractor has made a good faith effort when the low bidder does not meet DBE Qoals Submit reauired documentation for CDOT award concurrence Concurrence from CDOT to Award Approve Reiection of Low Bidder Award Contract I 7.10 Provide "Award" and "Record" Sets of Plans and Specifications I CONSTRUCTION MANAGEMENT I 8.1 I Issue Notice to Proceed to the Contractor I 8.2 Proiect Safety 8.3 . Conduct Conferences: Pre-Construction Conference (Appendix B) Pre-survey . Construction staking . Monumentation PartnerinfL (Optional)_ Structural Concrete Pre-Pour (Aqenda is In CDOT Constluction Manual) Concrete Pavement Pre-Pavin\{ tAgenda is in CDOT Construction Manual} HMA Pre-Pavinq fAo,enda is in COOT Construction Manual> Develop and distribute Public Notice of Planned Construction to media and local residents SU.Qervise Construction A Professional Engineer (PE) registered in Colorado, who will be ~in responsible charge of construction supervision." 6.2 I 6,3 6.4 Set Underutilized Disadvantaged Business Enterprise (UBDE) Goals for Consultant and Construction Contracts (COOT ReQion EEO/Civil RiQhts Soecialist) Determine Applicability of Davis-Bacon Act This project 0 is 0 is not exempt from Davis-Bacon requirements as determined by the functional classification of the project location (Projects located on loca! roads and rural minor collectors may be exempt.) Local Agency Professional Engineer or COOT Resident EnQineer Phone number RESPONSIBLE PARTY LA CDOT x x x I "'~~ x x x X I X ~ X 1 I X CDOT Form 1243 09/06 Page2 of 4 Previous editions are obsolete and may not be used NO. I 8.6 18.7 I 8.8 I 8.9 8.10 I 8,11 I 8.12 I 8.13 I 8.14 I 8.15 I 8,16 18,17 8.18 Exhibit D DESCRIPTION OF TASK Provide competent, experienced staff who will ensure the Contract work is constructed in accordance with the plans and specifications Construction inSo6ction and documentation Aoorove Shop DrawinQs Perform Traffic Controllnsoections Perform Construction Survevina Monument Right-of-Way Prepare and Approve Interim and Final Contractor Pay Estimates Provide the name and phone number of the person authorized for this task. Local AQenc'{ Representative Phone number Preoare and Aporove Interim and Final Utilitv and Railroad Billinos Preoare Local A.gencv Reimbursement Requests PreDare and Authorize Chanae Orders Aporove All Chanoe Orders Monitor Protect Financial Status Prepare and Submit Monthlv proQress Reports Resolve Contractor Claims and Disputes Conduct Routine and Random Prefect Reviews Provide the name and phone number of the person responsible for this task. COOT Resident EnQineer Phone number MATERIALS I 9.1 . Conduct Materials Pre-Construction Meetina 9.2 Complete COOT Form 250 - Materials Documentation Record . Generate form, which includes determining the minimum number of required tests and applicable material submittals for all materials placed on the project . Update the form as work progresses . Complete and distribute form after work is completed Perform Praiect Acceptance Samples and Tests Perform laboratory Verification Tests Accept Manufactured Products I 9.3 I 9.4 9.5 19.8 19.9 19.10 9.6 9.7 Inspection of structural components: . Fabrication of structural steel and pre-stressed concrete structural components . Bridge modular expansion devices (O~ to 6" or greater) . Fabrication of bearinQ devices Approve Sources of Materials Independent Assurance Testing (IA T), Local Agency Procedures LJ COOT Procedures ~ . Generate lAT schedule . Schedule and provide notification . Conduct IA T Approve mix designs . Concrete . Hot mix asphalt Check Final Materials Documentation Complete and Distribute Final Materials Documentation LA RESPONSIBLE PARTY COOT 1 I I .1 j 1 x x x COOT Form 1243 09/06 Page3 of 4 Previous editions are obsolete and may not be used Exhibit D 10.1 10.2 CONS~RUCTION CIVIL RIGHTS AND LABOR COMPLIANCE 10.3 lOA 10,5 10.6 10.7 FINALS 11.1 11,2 11.3 11.4 11.5 11.6 11.7 11.8 111.9 I 11.10 111.11 111.12 111.13 1 11.t4 Fulfill Proiect Bulletin Board and Pre~Construction Packet Requirements Process COOT Form 205 - Sublet Permit Application Review and sign completed COOT Form 205 for each subcontractor, and submit to EEOICivil Riahts Soecialist Conduct Equal Emp'loyment Opportunity and Labor Compliance Verification Employee Interviews. Complete COOT Form 280 Monitor Disadvantaged Business Enterprise Participation to Ensure Compliance with the "Commerciallv Useful Function" Reguirements Conduct Interviews When Project Utilizes On-tha-Job Trainees. Complete CDOT Form 200 - OJT Training Questionnaire Check Certified Pavrolls (Contact the Reqion EEOfClvil Ri~hts Specialists for lraininJl requirements.) Submit FHWA Form 1391 - Hiohwav Construction Contractor's Annual EEO Report Conduct Final Project Inspection. Complete and submitCDOT Form 1212- Final Acceptance Report (Resident Engineer with mandatory Local Agency participation.) Write Final Project Acceotance Letter Advertise for Final Settlement Prepare and Distribute Final As-Constructed Plans Prepare EEO Certification Check Final Quantities, Plans, and Pay Estimate; Check Project Documentation; and submit Final Certifications Check Material Documentation and Accept Final Material Certification fSee Chapter 9) Obtain COOT Form 17 from the Contractor and Submit to the Resident En'pineer Obtain FHWA Form 47 - Statement of Materials and labor Used p' from the Contractor Comolete and Submit COOT Form 1212 - Final Acceotance Reoort (bv CDOT) Process Final Payment Comolete and Submit CDOT Form 950- Proiect Closure Retafn Proiect Records for Six Years from Date of Proiect Closure Retain Final Version of Local Aqencv Contract Administration Checklist cc: COOT Resident EngineerlProject Manager COOT Region Program Engineer CDOT Region EEO/Civil Rights Specialist COOT Region Materials Engineer CDOT Contracts and Market Analysis Branch Local Agency Project Manager CDOT Form 1243 09/06 Page4 of 4 Previous editions are obsolete and may not be used I x x (Local $CDOTWRK-160IA) Project CC M361-004 (16063) City of Wheat RidgeiRegion 6 (rp) Rev 10/03 08 HA6 00098 SAP ID 331000088 CONTRACT TillS CONTRACT made this _ day of 20--, by and between the State of Colorado for the use and benefit of the COLORADO DEPARTMENT OF TRANSPORTATION hereinafter referred to as the State and the CITY OF WHEAT RIDGE, 7500 West 29TH Avenue, Wheat Ridge, Colorado 80033, CDOT Vendor Number:2000099 hereinafterreferred to as the Local Agency or the "Local Agency," RECITALS 1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs in Fund Number 400, Function 3 020, GL Account Number <<>>, WBS Element <<>>, (Contract Encumbrance Amount: $0.00). 2, Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 3. Pursuant to 43-2-104.5 c.R. S. as amended, the State may contract with Local Agencies to provide maintenance and construction of highways that are part of the state (or local agency) highway system. 4. The Local Agency will be preparing final designs, studies, and other documents in anticipation of interchange improvements at 1-70 and 32nd Avenue. The interchange project will be subject to the procedures outlined in CDOT's procedural directive 160 I, which is attached hereto by this reference. 5. The Local Agency has made funds available for project CC M361-004 (16063), which shall consist of review services by CDOT of the conceptual designs, studies and other documents, referred to as the "Project" or the "Work." Such Work will be performed in Wheat Ridge, Colorado, specifically described in Exhibit A. 6. The Local Agency has funds available and desires to provide 100% of the funding for the "Work." 7. The Local Agency has estimated the total cost of the work and is prepared to provide its share of the funding required for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to expend its funds for the work under the Pagelof8 A I I ACHMENT 4 project. A copy of the ordinance orresolution is attached hereto and incorporated herein as Exhibit B. 8. This contract is executed under the authority of ~~ 29-1-203, 43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-144, C.R.S. and Exhibit B. 9. The parties hereto desire to agree upon the division of responsibilities with regard to the proj ect. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The Project or the Work under this contract shall consist of review services byCDOT of the conceptual designs, studies and other documents for the 1-70 WB hook Ramps at 32nd Avenue, in Wheat Ridge, Colorado, as more specifically described in Exhibit A. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: . 1. This contract 2. Exhibit A (Scope of Work) 3. Exhibit C (Contract Modification Tools) 4. Other Exhibits in descending order oftheir attachment. Section 3. Term This contract shall be effective upon approval of the State Controller or designee, or on the date made, whichever is later. The term of this contract shall continue through the completion and final acceptance of the Project by the State, FHWA and the Local Agency. Section 4. Project Fnnding Provisions A. The Parties have estimated the total cost of the "Work" and each party is prepared to provide its respective share of the funding required for the work, as evidenced by an aI'l'Wl,,;ate ordinance or resolntion duly passed and adopted by the authorized representative of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to expend its funds for the work under the project. A copy of the ordinance orresolution is attached hereto and incorporated herein as Exhibits B. B. The parties have estimated the total cost the work to be $200,000.00, which is to be funded as follows: a. Local Agency Funds $200,000.00 Page 2 of8 Total Funds: $200,000.00 C. The maximum amount payable by the Local Agency under this contract shall be $200,000.00, unless such amount is increased by an appropriate written modification to this contract executed before any increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution ofthis contract, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. D. The parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from Local Agency sources, as applicable. Should these sources fail to provide necessary funds as agreed upon herein, the contract may be terminated by any of the parties, provided that any party terminating its interest and obligations herein shall not be relieved of any obligations which existed prior to the effective date of such termination or which may occur as a result of such termination, Section 5. Project Payment Provisions A. The Local Agency will reimburse the State for its share of incurred costs relative to the project following the Local Agency's review and approval of such charges, subject to the terms and conditions ofthis contract. B. Jf the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as follows: 1, Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later than 60 days after receipt of each bill, Should the Local Agency fail to pay moneys due the State within 60 days of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that, at the request of the State, the State Treasurer may withhold an equal amount from future apportiornnent due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway Supplementary Fund (400), 2. If the Local Agency fails to make timely payment to the State as required by this section (within 60 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the amount ofthe payment which was not made in a timely manner, until the billing is paid in full. The interest shall accrue for the period from the required payment date to the date on which payment is made. C. The State will prepare and submit to the Local Agency, no more than monthly, charges for costs incurred relative to the project. The State's invoices shall include a description of the amounts of services performed, the dates of performance and the amounts and description of reimbursable expenses, The invoices will be prepared in accordance with the State's standard policies, procedures Page 3 of8 and standardized billing format. Section 6. State and Local Agency Commitments A. The Local Agency shall be responsible for preparing the conceptual designs, studies and other documents required in accordance with the provisions ofthe CDOT 1601 procedural directive for the proposed new interchange. B. CDOT shall provide review services for the conceptual designs, studies and other documents as prepared by the Local Agency for compliance with the 1601 procedural directive and other applicable state and federal requirements. C. The Local Agency Contract Administration Checklist in Exhibit G further describes the Work to be performed and assigns responsibility of that Work to either the Local Agency or the State. The "Responsible Party" referred to in this contract means the Responsible Party as identified in the Local Agency Contract Administration Checklist in Exhibit G. Section 7. Environmental Obligations The Local Agency shall prepare its conceptual designs, studies and other documents in . accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEP A) as applicable. Section 8. Record Keeping The parties shall maintain a complete file of all records, docnments, communications, and other written materials, which pertain to the costs incurred under this contract. The parties shall maintain such records for a period ofthree (3) years after the date oftermination of this contract or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending, Each party shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees ofthe state and the Local Agency to inspect the project and to inspect, review and audit the project records. Section 9. Termination Provisions This contract may be terminated as follows: A. Termination for Convenience. The State may terminate this contract at any time the State determines that the purposes of the distribution of moneys under the contract would no longer be served by completion ofthe project. The State shall effect such termination by giving written notice of termination to the Local Agency and specifYing the effective date thereof, at least twenty (20) days before the effective date of such termination, Page 4 of8 B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not app.vp.;ate. In the event of termination, all finished or nnfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted, The Local Agency shall be obligated to return any payments advanced nnder the provisions ofthis contract. Notwithstanding the above, the Local Agency shall not be relieved ofliabilityto the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until - such time as the exact amount of damages due to the State from the Local Agency is determined. If after such termination it is determined, for any reason, that the Local Agency was not in default or that the Local Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein. Section 10. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind each party to its terms. The person(s) executing this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this contract. Section 11. Representatives and Notice The State will provide liaison with the Local Agency through the State's Region Director, Region 6, 2000 South Holly Street, (303) 757-9459, Said Region Director will also be responsible for coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to the Local Agency for commencement of the Work, All commnnications relating to the day-to-day activities for the work shall be exchanged between representatives of the State's Transportation Region # and the Local Agency, All commnnication, notices, and correspondence shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representatives. If to State: Joy French Project Manager CDOT Region 6 2000 South Holly Street Denver, Colorado 80222 Ifto the Local Agency: Tim Paranto City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80033-8001 (303) 235-2860 Page 5 of8 (303) 757-9528 Section 12. Successors Except as herein otherwise provided, this contract shall iuure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 13. Third Party Beneficiaries It is expressly understood and agreed that the enforcement ofthe terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State' and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State and the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Section 14. Governmental Immunity Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, 9 24-10-101, et seq., C.RS., as now or hereafter amended, The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of 924-10-101, et seq" C.RS" as now or hereafter amended and the risk management statutes, 99 24-30-1501, et seq., C.RS., as now or hereafter amended. Section 15. Severability To the extent that this contract may be executed and performance of the obligations ofthe parties may be accomplished within the intent of the contract, the terms of this contract 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. Section 16. Waiver The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement. Section 17. Entire Understanding This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, Page 6 of 8 addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules. Section 18. Survival of Contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance, compliance or effect beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. Section 19. Modification and Amendment This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification ofthis contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. Section 20. Funding Letters The State may allocate more or less funds available on this contract using a bilateral Option Letter substantially equivalent to Exhibit C and bearing the approval of the State Controller or his desiguee. The bilateral Option Letter shall not be deemed valid until it shall have been approved by the State Controller or his desiguee. Section 21. Disputes Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement will be decided by the Chief Engineer ofthe Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the contract in accordance with the Chief Engineer's decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as fmal agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein, Nothing in this contract, however, shall be construed as making fmal the decision of any administrative official, representative, or board on a question of law. Page 7 of8 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: BILL RITTER, JR. GOVERNOR City of Wheat Rid~ Legal Name of Contracting Entity Bv For Executive Director Department of Transportation 2000099 CDOT Vendor Number Signature of Anthorized Officer Print Name & Title of Authorized Officer CORPORATIONS: (A corporate seal or attestation is required.) Attest (Seal) Bv (Corporate Secretary or Equivalent, or Town/Local Agency/County Clerk) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts, This contract is not valid until the State Controller, or such assistant as he may delegate. has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: LESLIE M. SHENEFELT By Date Page 8 of8 Exhibit A Scope of Work This contract scope of work is for design oversight for new WB Hook ramps at 1-70 and 32nd Avenue North of the existing ramps and reconfiguring the 32nd Avenue and Youngfield intersection, The major design items include: 1. New WB Hook Ramps (Ramp A and Ramp B) North of the existing WB 1-70 off ramps. Ramp B will continue over 32nd Avenue as Str E-16-XX 2. Realign the existing WB 1-70 on ramp at 32nd Ave (Ramp C) 3. Remove and replace a portion of the existing noise wall along WB 1-70 on ramp at 32nd Ave (Ramp C). 4. Widen the intersection at 32nd Ave and Youngfield. This includes having dual left turns for all the movements. 5. Traffic signal work: new installation at the WB 1-70 Hook Ramps and Cabela Dr, new installation at 32nd Avenue and Cabela Dr, upgraded installation at 32nd Ave and Youn9field, and a signal removal at WB 1-70 and 32nd Ave on and off ramps. 6. Retaining walls along Youngfield and WB 1-70 on ramp at 32nd Ave (Ramp C). Exhibit B LOCAL AGENCY ORDINANCE or RESOLUTION Exhibit C ~OLORADO DEPARTMENT OF TRANSPORTATION CONTRACT AUTHORITY: FUNDING INCREASE/DECREASE AND APPROVAL LETTER Region: State Controller Policy letter on June 12, 1 996 Comolete section 1 and submit to COOT Controller's office. COOT Controller letter on Mav 23, 1996 I (1 )This form to be used for the following contracts/situations only (check the appropriate situation): _indefinite quantity, order more/add more _utility/railroad, underestimated total cost _COOT construction, sum of CMO's _LA construction, underestimated cost COOT construction, underestimated total cost COOT consultant. underestimated cost SECTION 1 (ReQlon use) I Date: (2) I To: COOT Controller (FAX #(303) 757-9573 or e-mail CONTROLLER) Proiect code (3) Project # (4) From: ReQion # (5) I Office: (5) I Phone # (5) FAX # (5) COOT has executed a contract with: (6) Address: (6) I FEIN # (6) Contract routing # (7) COFRS encumbrance # (indicate PO, SC or PC #) (8) _ Fund I (9) Orgn. (9) Appro. (9) Prgrm. (9) Func. (9) Object/Sub-obj NIP (9) GBL (9) Reporting Catg, (9) ProJ/Sub/Phase (9) Original contract amount $ (10) Has a Budget Request been processed to cover the contract amount increase? yes no (14) Previous Funding Letter(s) total $ (11) (Funding letter #1 thrll#.......J Preparer's name (15) PHONE NO: This Funding Letter total $ (12) (# --.J Contract Administrator's/Business Manager's Approval (16) PHON E NO: Adjusted contract amount $ (13) COOT Designee Approval (17) Local Agency approval (18) SECTION 2 (Controller's Office use) (19) Total allotment amount $ (19) Commission budget $ (19) If construction: _CE pool elig. (19) CE charges $ (19) Indirect chgs $ (19) Adjusted contract amount plus total CE & indirect charges calculation $ (19) II have reviewed the financial status of the project, organization, gram and have determined that sufficient funds are available to cover this increase, effective as of (19) I State Controller or Delegee (20) Date (20) Exhibit C - Page 1 of! Exhibit D LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST The following checklist has been developed to ensure that all required aspects of a project approved for Federal funding have been addressed and a responsible party assigned for each task. After a project has been approved for Federal funding in the Statewide Transportation Improvement Program, the Colorado Department of Transportation (CDOT) Project Manager, Local Agency project manager, and CDOT Resident Engineer prepare the checklist. It becomes a part of the contractual agreement between the Local Agency and CDOT. The CDOT Agreements Unit will not process a Local Agency agreement without this completed checklist. It will be reviewed at the Final Office Review meeting to ensure that all parties remain in agreement as to who is responsible for performing individual tasks. xvi Exhibit 0 COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST Project No. TBD I STIP No. DR3404 Project Location 1-70 /32nd Interchanae w/Hook Ramos and Cabala Dr Project Description 1~70 / 32nd Interchange w/Hook Ramps and Cabala Dr Local Agency Local Agency Project Manager Wheatridqe CDOT Resident Engineer Ed Martinez Tim Paranto COOT Project Manager Joy French. I :~o~ect Code I :e910n I Date 12112106 INSTRUCTIONS: This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to this agreement. The checklist becomes an attachment to the Local Agency agreement. Section numbers correspond to the applicable chapters of the COOT Local Agency Manual. The checklist shall be prepared by placing an "X" under the responsible party, opposite each of the tasks. The "X" denotes the party responsible for initiating and executing the task. Only one responsible party should be selected. When neither COOT nor the Local Agency is responsible for a task, not applicable (NA) shall be noted. In addition, a "#" will denote that COOT must concur or approve. Tasks that will be performed by Headquarters staff will be indicated. The Regions, in accordance with established policies and procedures, will determine who will perform all other tasks that are the responsibility of CDOT. The checklist shall be prepared by the COOT Resident Engineer or the COOT Project Manager, in cooperation with the Local Agency Project Manager, and submitted to the Region Program Engineer. If contract administration responsibilities change, the COOT Resident Enaineer. in coooeration with the Local Aaencv Proiect ManaQer. will prepare and distribute a revised checklist. NO. DESCRIPTION OF TASK I TIP I srlP AND LONG-RANGE PLANS I 2.1 I Review Project to ensure it is consist with STIP and amendments thereto I FEDERAL FUNDING OBLIGATION AND AUTHORIZATION I 4,1 I Authorize funding by phases (CDOT Form 418 - Federal-aid Program Data. Requires FHWA concurrencelinvolvement} PROJECT DEVELOPMENT 5.1 Preoare Design Data - COOT Form 463 5.2 Prepare Local AgencylCDOT Inter-Governmental A,greement (see also Chapter 3) 5.3 Conduct Consultant Selection/Execute Consultant AQreement 5.4 Conduct Desi.gn Scopino ReView MeetinQ 5.5 Conduct Public Involvement 5.6 Conduct Field Inspection Review (FIR) 5.7 Conduct Environmental Processes {may require FHWA concurrence/involvement) 5.8 Acquire Ri.,ght-of-Way (may require FHWA concurrence/lnvolvement) 5.9 Obtain Uti1ltv and Railroad Aoreements 5.10 Conduct Final Office Review (FOR) 5.11 Justify Force Account Work bv the Local Aqencv I 5.12 Justffv Prol?rietarv, Sole Source. or Local Aaency Furnished Items I 5.13 Document Design Exceptions - COOT Form 464 I 5.14 Prepare Plans. Specifications and Construction Cost Estimates I 5.15 Ensure Authorization of Funds for Construction RESPONSIBLE PARTY LA CDOT x X X X X X X X X X X X X X X X X X X X X CDOT Form 1243 09/06 Page1 of 4 Previous editions are obsolete and may not be used Exhibit D NO. DESCRIPTION OF TASK PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE 6.1 Set Underutilized Disadvantaged Business Enterprise (UBDE) Goals for Consultant and Construction Contracts (COOT Re~ion EEO/Civil Riqhts Soecialist) Determine Applicability of Davis-Bacon Act This project 0 is 0 is not exempt from Davis-Bacon requirements as determined by the functional classification of the project location (Projects located on local roads and rural minor collectors may be exempt.) 6.2 CDOT Resident Engineer (Signature on FiJe1 Date Set On~the-Job Training Goals. Goal is zero if totaL construction is less than $1 million (COOT Reqion EEO/Civil Riqhts Soecialisn I Titie VI Assurances Ensure the correct Federal Wage Decision, all required Disadvantaged Business Enterprise/ On-the-Job Training special provisions and FHWA Form 1273 are included in the Contract (CDOT Resident EnQineer) I ADVERTISE, BID AND AWARD I 7.1 I Obtain AOl?roval for Advertisement Period of Less Than Three Weeks I 7.2 I Advertise for Bids I 7.3 I Distribute "Advertisement Set" of Plans and Soecifications I 7.4 I Review Worksite and Plan Details with Prospective Bidders While Project 15 Under Advertisement I 7.5 I Open Bids I 7,6 I Process Bids for COl1!Pliance Check COOT Form 715. Certificate of Proposed Underutilized DBE Participation when the low bidder meets UDBE Qoals Evaluate COOT Form 71"'8 ~ Underutilized DBE Good Faith Effort Documentation and determine if the Contractor has made a good faith effort when the low bidder does not meet DBE Qoals Submit reauired documentation for COOT award concurrence Concurrence from COOT to Award Aoorove Reiection of Low Bidder Award Contract I 7.10 I Provide QAwardQ and "Record" Sets of Plans and Soecifications I CONSTRUCTION MANAGEMENT 18.1 Issue Notice to Proceed to the Contractor 8.2 Proiect Safety 8.3 Conduct Conferences: Pre-Construction Conference (Apoendix B) Pre-survey . Construction staking . Monumentation Partnerinq (Optional) Structurai Concr~te 'Pre-Pour (Aoenda is in CDOT Construction Manual) Concrete Pavement Pre-Pavinq (!\Qenda is in CDOT Construction Manual) HMA Pre-Paving (AQel1da is in CDOT Construction Manual) Develop and distribute Public Notice of Planned Construction to media and local residents I Supervise Construction A Professional Engineer (PE) registered in Colorado. who wjll be ""in responsible charge of construction supervision." 16.3 I 6.4 8.4 18.5 Local Agency Professional Engineer or COOT Resident Enaineer Phone number RESPONSIBLE PARTY LA COOT x x x x I I~~ I X I x I X I I I I I X I I X X COOT Form 1243 09/06 Page2 of4 Previous editions are obsolete and may not be used 18.11 I 8.12 I 8.13 I 8.14 I 8.15 I 8.16 I 8,17 8.18 Exhibit D NO. DESCRIPTION OF TASK Provide competent, experienced staff who will ensure the Contract work is constructed in accordance with the plans and soacifications Construction insoection and documentation Ao~rove Shop Drawin9~ Perform Traffic Controllnsoections Perform Construction Survevina Monument Riehl-of-Wav Prepare and Approve Interim and Final Contractor Pay Estimates Provide the name and phone number of the person authorized for this task. Local AQencv Reoresentative Phone number Prepare and AODTove Interim and Final Utllitv and Railroad BillinQs PreaaTe local Aaency Reimbursement Reauests I Preoare and Authorize Chance Orders I Approve All Chan,ae Orders I Monitor Project Financial Status I PreDare and Submit Monthlv ProQress Reoorts I Resolve Contractor Claims and Disputes Conduct Routine and Random Project Reviews Provide the name and phone number of the person responsible for this task. CDOT Resident Enaineer Phone number I MATERIALS I 9.1 Conduct Materials Pre-Construction Meeting 9.2 Complete COOT Form 250 - Materials Documentation Record . Generate form, which includes determining the minimum number of required tests and applicable material submittals for all materials placed on the project Update the form as work progresses . Complete and distribute form after work is completed Perform Proiect Acceptance Samcles and Tests I Perform Laboratorv Verification Tests Accept Manufactured Products I 9.3 I 9.4 9,5 I 9.9 I 9,10 9.6 9.7 Inspection of structural components: . Fabrication of structural steel and pre-stressed concrete structural components . Bridge modular expansion devices (0" to 6" or greater) . Fabrication of bearing devices I Approve Sources of Materials _ Independent Assurance Testing (IA T), Local Agency Procedures U COOT Procedures l8J . Generate lA T schedule . Schedule and provide notification . Conduct lAT I Approve mix designs . Concrete . Hot mix asphalt I Check Final Materials Documentation I Complete and Distribute Final Materials Documentation 9.8 RESPONSIBLE PARTY LA COOT x x x CDOT Form 1243 09/06 Page3 of 4 Previous editions are obsolete and may not be used Exhibit D CONS-RUCTlON CIVIL RIGHTS AND LABOR COMPLIANCE 10.1 Fulfill Proiect Bulletin Board and Pre-Construction Packet Reaulrements 10.2 Process COOT Form 205 - Sublet Permit Application Review and sign completed COOT Form 205 for each subcontractor, and submit to EEOfCivil Riqhts Soecialist 10.3 Conduct Equal Employment Opportunity and labor Compliance Verification Employee Interviews, Complete COOT Form 280 10.4 Monitor Disadvantaged Business Enterprise Participation to Ensure Compliance with the "Commercial Iv Useful Function" Reauirements 10.5 Conduct InterViews When Project Utilizes On-the-Job Trainees, Complete CDOT Form 200- OJT Trainin.9. Questionnaire 10.6 Check Certified Pavrolls (Contact the Realon EEO/Civil Ri!=lhts Specialists for traininq requirements.) 10,7 Submit FHWA Form 1391 - Hiohwav Construction Contractor's Annual EEO Reeort FINALS 11.1 11.2 11.3 11.4 11.5 11.6 111.7 I 11.8 I 11.9 I 11.10 i 11.11 i 11.12 I 11.13 i 11.14 Conduct Final Project Inspection. Complete and submit COOT Form 1212 - Final Acceptance Report (Resident Eng!neer with mandatory Local Agency participation.) Write Final Project Acceotance Letter Advertise for Final Settlement Preoare and Distribute Final As-Constructed Plans Prepare EEO Certification Check Final Quantities, Plans, and Pay Estimate; Check Project Documentation; and submit Final Certifications Check Material Documentation and Accept Final Material Certification (See Chapter 9) Obtain CDOT Form 17 from the COntractor and Submit to the Resident Engineer Obtain FHWA Form 47 - Statement of Materials and Labor Used ... from the Contractor Complete and Submit CDOT Form 1212 - Final Acceptance Report (bv COOT) Process Final Payment Comelete and Submit CDOT Form 950 - Proiect Closure Retain Proiect Records for Six Years from Date of Proiect Closure Retain Final Version of Local AQencv Contract Administration Checklist x x cc: COOT Resident Engineer/Project Manager COOT Region Program Engineer COOT Region EEO/Civll Rights Speciaiist COOT Region Materials Engineer CDOT Contracts and Market Analysis Branch Local Agency Project Manager COOT Form 1243 09/06 Page4 of 4 Previous editions are obsolete and may not be used 'o-~.!~ ~_Y City of . pWheatRi...-dge ITEM NO: I. D. REQUEST FOR CITY COUNCIL ACTION 4;f~ ~{~@xffi"$f1I:*{ n COUNCIL MEETING DATE: March 24, 2008 TITLE: RESOLUTION 13-2008 - A RESOLUTION AMENDING THE FISCAL YEAR 2008 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE RECLASSIFICATION OF AN ADMINISTRATIVE ASSISTANT POSITION TO AN ADMINISTRATIVE ASSISTANT TO THE MAYOR AND CITY COUNCIL IN THE AMOUNT OF $2,894. o PUBLIC HEARING o BIDSIMOTIONS IZI RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicial: 0 Yes , OtHiA~J1rJ Deputy City Manager Jl IZI No Ci~~r! EXECUTIVE SUMMARY: On January 28, 2008, City Council created a position of administrative support to the Mayor, City Council and City Clerk. Human Resources conducted a classification audit process on the Administrative Assistant position within the City Clerk's Office and it was determined this position would be reclassified to an Administrative Assistant to the Mayor and City Council. This reclassification requires a supplemental budget "pp1vp.:ation in the amount of$2,894 for an increase in salary and associated benefits. COMMISSIONIBOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: None ALTERNATIVES CONSIDERED: None FINANCIAL IMPACT: A supplemental budget app<vp,;ation in the amount of $2,894. There are adequate funds in the General Fund undesignated reserves for this appropriation. RECOMMENDED MOTION: "I move to approve Resolution 13-2008 - A Resolution Amending the Fiscal Year 2008 General Fund Budget to Reflect the Approval of a Supplemental Budget Appwp,;ation for the Reclassification of an Administrative Assistant Position to an Administrative Assistant to the Mayor and City Council in the Amount of $2,894." Or, "I move to postpone indefinitely Resolution 13-2008 - A Resolution Amending the Fiscal Year 2008 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation for the Reclassification of an Administrative Assistant Position to an Administrative Assistant to the Mayor and City Council in the Amount of $2,894 for the following reason(s) " Report Prepared by: Patrick Goff, Deputy City Manager Reviewed by: Randy Young, City Manager Attachments: I. Resolution 13-2008 \. , , CITY OF WHEAT RIDGE, COLORADO RESOLUTION 13 Series of 2008 TITLE: A RESOLUTION AMENDING HtE FISCAL YEAR 2008 GENERAL FUND BUDGET TO REFLECT Hm APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE RECLASSIFICATION OF AN ADMINISTRATIVE ASSISTANT POSITION TO AN ADMINISTRATIVE ASSISTANT TO THE MAYOR AND CITY COUNCIL IN THE AMOUNT OF $2,894 WHEREAS, the City Council has determined that administrative support is needed by the Mayor, City Council and City Clerk; and, WHEREAS, the City Council wishes to create a position of administrative support to the Mayor, City Council and City Clerk; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution; NOW THEREFORE BE IT RESOLVED by the City Council ofthe City of Wheat Ridge, Colorado, as follows: A. The City of Wheat Ridge fiscal year 2008 Budget be amended accordingly, specifically transferring a total of $2,894 from the General Fund undesignated fund balance to the following 2008 Budget line items: $2,567 $159 $38 $103 $17 $10 01-102-600-602 01-102-600-620 01-102-600-625 01-102-600-630 01-610-600-629 01-610-600-628 Staff Salaries & Wages FICA Medicare Retirement Life & AD&D Long Term Disability DONE AND RESOLVED THIS 24th day of March, 2008. Jerry DiTullio, Mayor ATTEST: Michael D. Snow, City Clerk ATTACHMENT 1 Ii. " _ ~ City of . pWheatR.;L.dge ITEM NO: I , E. REQUEST FOR CITY COUNCIL ACTION ~'\""~~ , ,'''' 1'",,,,;,,'Il\;;';;~ ~ I. ,y f1[1~ COUNCIL MEETING DATE: March 24, 2008 TITLE: MOTION FORAPPROV AL OF AN EASEMENT AGREEMENT BY AND BETWEEN COORS BREWING COMPANY AND THE CITY OF WHEAT RIDGE FOR THE PURPOSES OF CONSTRUCTION, INSTALLATION AND MAINTENANCE OF AN UNDERGROUND STORM WATER nr~LINE AT THE CABELA DRIVE AND STATE HIGHWAY 58 INTERCHANGE. D PUBLIC HEARING IZI BIDSIMOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: D ORDINANCES FOR 2ND READING ) Quasi-Judicial: D z::dL Director ofPJdJlic Works IZI No City~r~ EXECUTIVE SUMMARY: The design of the Cabela Drive/SH58 Interchange includes a drainage pipe from Cabela Drive to Clear Creek across unincorporated Coors property. As the City will own and maintain the storm sewer, an easement is required from the street to the creek. Staff recommends that the attached Easement Agreement be accepted by the City Council. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: To provide adequate transportation facilities to serve the new Cabela's Shopping Center a new interchange will be constructed on SH58. To properly drain the interchange, a new storm sewer is required to be constructed across SH58 and outlet into Clear Creek. Coors is providing the easement from the street right-of-way to the creek. The attached Easement Agreement will provide the right -of- way for the pipeline south of Cabela Drive. The City Attorney was directly involved in the development of the Easement Agreement. ALTERNATIVES CONSIDERED~ None. FINANCIAL IMPACT: None. RECOMMENDED MOTION: "I move to approve An Easement Agreement by and Between Coors Brewing Company and the City of Wheat Ridge for the Purposes of Construction, Installation and Maintenance of an Underground Storm Water Pipeline at the Cabela Drive and State Highway 58 Interchange." Or, "I move to not approve An Easement Agreement by and Between Coors Brewing Company and the City of Wheat Ridge for the Purposes of Construction, Installation and Maintenance of an Underground Storm Water Pipeline at the Cabela Drive and State Highway 58 Interchange for the following reason(s) " Report Prepared by: Tim Paranto Reviewed by: Randy Young Attachments: I. Easement Agreement EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (this "Agreement") is made as of January 23,2008, by and between COORS BREWING COMPANY, a Colorado corporation ("COORS") and the" City of Wheat Ridge, a municipal corporation of the State of Colorado ("Grantee"): WIT N E SSE T H: WHEREAS, COORS is the owner of that certain real property located in portions of Section 19, Township 3 South, Range 69 West of the 6th P.M., in the County of Jefferson, State of Colorado (the "Property"); and WHEREAS, Grantee desires to construct, install and maintain an underground storm water pipeline within that portion of the Property -described in the Property legal descriptions and depictions attached hereto as Exhibit A and inev, pu,aced herein (the "Easement Property") and consisting of a legal description for a portion of the Easement Property labeled UE- 29 A (page 1), a depiction ofUE-29A (page 2), a second legal description for the remaining portion of the Easement Property labeled UE-27A (page 3) and a depiction ofUE-27 A (page 4). The Easement Property is generally depicted on the sketch attached hereto as Exhibit A-I; and WHEREAS, COORS is willing to grant to Grantee rights and easements upon and within the Easement Property in accordance with the terms of this Agreement (the "Easement"). NOW, THEREFORE, the parties agree as follows: 1. Grant of Easement. (a) COORS hereby grants and conveys to Grantee the nonexclusive right and easement to lay, construct, reconstruct, replace, repair, maintain, operate, and remove an underground pipeline and appurtenances thereto for the purpose of storm water drainage (the "Improvement"). " (b) The term of the Easement shall commence on the date set forth above. COORS shall have the right to earlier terminate this Easement only if it detennines in its sole reasonable discretion, that Grantee has changed its use of the Easement, as such use is described in Section 1 (a) above. ( c) Grantee shall pay any and all costs of: (i) permitting, constructing, maintaining and repairing the Improvement; and (ii) upon completion of construction and installation of the Improvement, returning and restoring the Property as nearly as possible to its original condition and to a condition satisfactory to COORS. 2. Consideration for Easement. No consideration shall be paid for the grant of the Easement. Coors and Grantee acknowledge that the undertakings of Grantee contained in this Agreement are an essential component of the consideration for the grant of the Easement by COORS. ATTACHMENT 1 3, Acknowledfffilent and Accentance of Risk. Grantee acknowledges that: (i) certain water lines, utilities and points of access, vital to the continuous and uninterrupted operation of COORS' business may be intersected or affected by the subject Easement and the Easement Property and (ii) during construction, reconstruction or maintenance of the Improvements, Grantee shall take no action nor omit to take any action which would cause the quality of water discharged pursuant to permits obtained by COORS to be in violation of1imits prescribed by such permits. Grantee expressly and knowingly agrees, covenants and promises to accept all responsibility for injury to or death of any person, damage to any property or disruption or interference with the operation, use or enjoyment of the Property or COORS' business (whether located on or off the Property) or penalties incurred by COORS resulting from or arising in any way out of the construction, installation, operation, maintenance or failure to maintain the Improvement. 4. Construction ofImnrovement. Grantee shall construct the Improvement in a good and workmanlike manner and in accordance with all applicable Federal, state and local requirements and the drawings approved by COORS. Grantee shall cooperate with such representative of COORS and use reasonable efforts to minimize any interruption of the use and enjoyment of the Property and to prevent any interruption of the conduct of COORS' business, whether located on the Property or not. Nothing herein shall be construed to imply that COORS, by approving Grantee's plans and specifications, has liability associated with the design or construction of the Improvement for defects related thereto or failure to comply with applicable laws, or that the primary liabilities and obligations of Grantee shall not be limited or affected by such approval. Grantee shall furnish COORS with a copy of the "as built" plans and specifications upon completion of construction and installation of the Improvement. 5. Maintenance and Renair ofImnrovement. Grantee shall, at all times, operate and maintain the Improvement and all appurtenances located within the Easement Property in good condition in accordance with all applicable local, state and federal requirements and safety standards and in accordance with standard industry practice. Grantee shall immediately respond to any requests of COORS to inspect the Improvement for leaks or safety hazards and shall promptly repair any such leaks or other hazardous conditions within the Easement Property and within other property adjacent to the Property within which any portion of the Improvement is located, Grantee, its agents and employees, shall have the right to enter upon or cross portions of the Property (such portions to be designated or approved by COORS) to maintain, repair and replace the Improvement and appurtenances located within the Easement Property. Grantee shall promptly repair any damage caused to the Property or the Easement Property in colll1ection with the exercise of Grantee's rights or Grantee's failure to observe its obligations under this Easement Agreement. Grantee shall compensate COORS for any damages, costs, losses and expenses incurred by COORS in cOlll1ection with Grantee's exercise ofits rights under this Easement Agreement or Grantee's failure to observe its obligations under this Easement Agreement. 6. Reservation bv COORS. The Easement and rights granted to Grantee herein shall be nonexclusive and shall, at all times and in all respects, be subject to COORS' rights, reserved herein, to use and enjoy the Easement Property for any and all uses and purposes COORS may elect, including, but not limited to, agriculture, landscaping (excluding trees), paving, parking, ingress and egress, fences (excluding masonry fences), walkways and other utility lines and equipment, COORS further reserves all rights not specifically granted to Grantee hereunder. Any such use and any structures or other improvements constructed or placed by COORS within the Easement Property shall not interfere with the safety, operation, maintenance, repair and/or replacement of the Improvement. COORS further reserves the right to relocate the Improvement and/or appurtenances to any other location within the Property in order to facilitate ,COORS' use of the Property, including the Easement Property, provided that COORS shall bear .all expenses of such relocation and provided further that such relocation does not create any hazardous conditions or unreasonably disrupt Grantee's use of the Improvement. COORS specifically reserves the right to construct and maintain and operate existing and yet to be constructed driveways, truck and trailer or automobile parking and staging areas, railroad yards, landscaping, material or commodity stockpiles, private or publicly owned utilities, pipelines or transmission lines for water, waste water, natural gas, telecommunications or electricity and other improvements anywhere within the Easement Property for the purposes of ingress and egress and utility service to and from the Property. 7. lndemnification. In this Section, COORS shall mean Coors Brewing Company, and its parent, subsidiary and affiliated companies and their respective officers, agents, representatives, and employees. Within the limitations imposed by the Colorado Constitution and Statutes, Grantee agrees to and shall indemnify COORS against, and hold COORS .harmless from any and all claims (whether asserted or unasserted), losses, damages (including but not limited to damages for injuries or death of any person, and all damages to and destruction of property by whomsoever owned, including loss of use thereof or interruption of business associated therewith), violations of any rule, regulation, statute, ordinance or permit, to the extent resulting from Grantee's use of the Easement granted herein, including but not limited to the construction, use, maintenance, existence or removal of the Improvement or any related structure covered by this Agreement or the prosecution or omission of any activity, work or obligation undertaken by Grantee or required of Grantee by this Agreement in connection therewith, obligations, causes of action, suits, administrative actions, deficiencies, assessments, liens and liabilities of every kind (collectively "Claims"), including, without limitation, any pre- and post-judgment interest and any attorneys' fees, costs and expenses incurred in the investigation, defense, and settlement of such Claims to the extent resulting from the acts or omissions of Grantee, its agents, employees, affiliates, vendors, contractors, subcontractors or subagents, in connection with this Agreement, or arising from Grantee's breach of any obligation, representation, warranty or covenant contained in this Agreement. Grantee shall defend COORS against the foregoing, or litigation in connection with the foregoing, at Grantee's expense, with counsel reasonably acceptable to COORS. COORS, at its expense, shall have the right to participate in the defense of any claims or litigation and shall have the right to approve any settlement, which shall not be unreasonably withheld. The indemnification provisions of this Section 7 shall not apply to damages or other losses to the extent resulting from the negligence of COORS. All indemnification obligations shall survive termination, expiration or cancellation of this Agreement. 8. Insurance Coverage. Grantee shall secure and maintain (and shall require its contractors performing any of its obligations hereunder to secure and maintain) during the performance of its obligations under this Agreement and throughout the Tenn, at least the following types of insurance and minimum coverage: (a) Commercial General Liability Insurance, including Contractual Liability and Products/Completed Operations coverage with a combined single limit for bodily injury, death, personal injury and property damage of $10,000,000 per occurrence and $10,000,000 general aggregate, and $10,000,000 Products/Completed Operations aggregate; (b) Automobile Liability Insurance with combined single limit for bodily injury and property damage of$1,500,000 per accident; (c) Statutory Workmen's Compensation and Occupational Disease Disability Insurance as required by law; and (d) Employer's Liability Insurance with limits of $1,000,000 for bodily injury by accident, each employee, $1,000,000 for bodily injury by disease, each employee, and $1,000,000 aggregate liability for disease. Prior to the start of construction of the Improvements or any work related thereto, Grantee shall furnish to COORS evidence of such insurance coverages in the form of Certificates of Insurance. Grantee shall require its contractors to name COORS as an additional insured on all insurance policies listed above and required hereunder. All Certificates of Insurance provided by Grantee's contractors shall provide that COORS shall be provided thirty (30) days written notice prior to any change, substitution or cancellation of such policies of insurance, which shall be "occurrence" policies rather than "claims made" policies and shall be issued by companies authorized to do business in Colorado and having a rating of A-X or better by A.M. Best Company. The foregoing requirements as to the types and limits of insurance coverage to be maintained by Grantee, and any approval or waiver of said insurance by COORS is not intended to and shall not in any way or manner limit or qualify the liabilities and obligations of Grantee pursuant to this Agreement. All certificates of insurance shall provide evidence of the type of policies being provided. Nothing herein shall waive any immunity or defense available to Grantee under the Colorado Governmental Immunity Act, CRS 24-10-101 et. seq. 9. Hazardous Material: Indemnitv. (a) Grantee shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Property by Grantee, its agents, employees, contractors or invitees, without COORS' prior written consent. If Grantee breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Property caused or permitted by Grantee results in contamination of the Property, or if contamination of the Property by Hazardous Material otherwise occurs for which Grantee is legally liable to COORS for damage resulting therefrom, then, within the limitations imposed by the Colorado Constitution and Statutes, Grantee shall indemnify, defend and hold COORS harmless from any and all claims (whether asserted or unasserted), judgments, damages, penalties, fines, costs, liabilities or losses which arise during or after the term hereof as a result of such use or cnnt.min.ti-:lll. 1bis indemnification of COORS by Grantee includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state or local governmental agency or political subdivision. Without limiting the foregoing, if the presence of any Hazardous Material on the Property caused or permitted by Grantee results in any contamination of the Property, Grantee shall promptly take all actions at its sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Material to the Property; provided, however, that COORS' approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse effect on the Property. (b) As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of Colorado or the United States Government. 10. Notice. Any notice, demand, consent, election, offer, approval, request or other communication (collectively, a "notice") required under or provided pursuant to this Agreement must be in writing and either delivered personally, sent by overnight delivery courier, or sent by certified or registered mail, postage prepaid, return receipt requested to the person designated below (the "Designated Representative'') Notice shall be deemed given when received. A notice sent by facsimile will be deemed given when receipt by the receiving facsimile machine has been confirmed. A notice must be addressed as follows: To Grantee: Director of Public Works City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80033 With copy to: Office of the City Attorney City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80033 To COORS: Coors Brewing Company Coors Designated Representative Attention: Director of Real Estate Golden, CO 80401-0030 With a copy to: Coors Brewing Company Attn: Chief Legal Officer Law Department PO Box 4030, Mail Station NH335 Golden, Colorado 80401 11, Taxes. Grantee shall pay all taxes and assessments that may be imposed or levied on the Property as a result of any improvements constructed by Grantee. 12. No Liens. Grantee shall keep the Property free and clear of any mechanic's or materialmen's liens for labor performed or material furnished at the instance or request of Grantee or anyone claiming under Grantee. 13. No Partnershin. It is understood and agreed that nothing contained in this Agreement shall be considered in any way as constituting a partnership or joint venture between COORS and Grantee. 14. Survivability. All covenants, indemnities, guarantees, representations and warranties by Grantee and any undischarged obligations of COORS arising prior to the expiration of this Agreement shall survive such expiration. 15. Enforceabilitv. Either Party's failure in anyone or more instances to insist upon strict performance of any of the tenns and conditions of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment of that right or of that Party's right to assert orrelyupon the terms and conditions of this Agreement. Anyexpress waiver of a term of this Agreement shall not be binding and effective unless made in writing and properly executed by the waiving Party. 16. Amendments. Tbis Agreement may not be amended except in writing properly executed by both Parties. Except as specifically amended, this Agreement shall remain in full force and effect as written. 17. Assi=en.!. Grantee shall not have the right or power to assign its rights or delegate its obligations hereunder without the express written consent of COORS. Any attempt to do so without such consent shall be null and void and shall penuit COORS the right to cancel and terminate this Agreement and associated Easement. In the event this Agreement is properly assigned, the provisions of this Agreement shall bind and benefit the Parties hereto and their representatives, successors and assigns. 18. Severability, Any invalid or unenforceable provision shall be deemed severed from this Agreement to the extent of its invalidity or unenforceability, and the remainder of this Agreement shall remain in full force and effect. 19. Comnlete Al!reement. This Agreement, and all exhibits thereto, constitute the complete and exclusive agreement between the Parties. It supersedes all prior written and oral statement, condition, obligation, representation or warranty. In the event of any inconsistency between this Agreement and any Exhibit, the provisions of this Agreement shall take precedence. 20. Counteroarts. This Agreement may be executed simultaneously in two or more counterparts which, when taken together, shall be deemed an original and constitute one and the same document. The signature of any Party to the counterpart shall be deemed a signature to the Agreement, and may be appended to, any other counterpart. Facsimile transmission of executed signature pages shall be sufficient to bind the executing Party. 21. Headinl!s. The headings to the various articles, sections and paragraphs of this Agreement are solely for the convenience of the Parties, are not part of the Agreement and shall not be used for the interpretation of the validity of the Agreement or any provision hereof. 22. Jurisdiction And Venue: Choice Of LaV{. This Agreement shall be governed by the laws of the state of Colorado. Any arbitration, enforcement of an arbitration award or litigation shall be brought in 'District. Coyrt, Jefferson County, State of Colorado or the U.S, District Court for the District of Colorado, if appropriate, and each Party snbmits to the exclusive jurisdiction of said courts and waives the right to change venue. Grantee further consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding. 23. Title. This grant of easement is without warranty of title and is subject to all price liens, encumbrances, restrictions and reservations affecting the Property. 24. General. The tenus and provisions of this Agreement shall run with the Property, and shall be binding upon and inure to the benefit of the parties, their respective heirs, successors and assigns. In the event either party co=ences an action to enforce its rights hereunder or to enjoin any violation of the terms and provisions of this Agreement, the prevailing party in such action shall be entitled to receive its attorneys' fees and other costs of suit incurred in such action. ~- , ! 1 ;'-'<W_""':}J;"'I-\~~'; l ..J;~i:)j.J -"'." of- : ~",.~ I ~W"'11.'!l ----"'1 ?'~.!'J IN WITNESS WHEREOF, COORS and Grantee have executed this Agreement as of the mutual date of execution written below their signatures. CITY OF WHEAT RIDGE, a municipal corporation COORS BREWING COMPANY, a Colorado corporation Date: Date: 1.1.;~.og By: Title: By: Title: II'~~ N. Cornell Boggs, III '-.) Chief Legal Officer & Group Vice President of Public Affairs LEGAL OK I ! \ . I~LS Iln/o'6 DAT! STATE OF ) )ss. ) COUNTY OF The above and foregoing instrument was acknowledged before me on the day of January, 2008 by of the City of Wheat Ridge, IN WITNESS WHEREOF, I have hereunto set my hand and affIXed my official seal the day and year last above written. STATE OF ) )ss. ) J,:~l<'=I;i\~_ ---:r ..'~ _;'0". ~t.,","l:'UllHe;~mld for the ~"'X, ""= ;. . re'of ..,.. ~'lI l"i"" '1"f1~' ~nr "" \\ # : . ~ }\ iJ, ~ _.R..........~.,~ ~ n ~ '. ; H -'" ~ : t1 \~....:.,$MiIl'.l'l~...~ / ~...,. ,....'^~y ~..:;;:'aQ'~) , ~.... , My commission expires: COUNTY OF STATEOF_Cc\c:>tndc COUNTY OUfl..Q{'~........ . ) )ss_ ) The foregoing instrument was acknowledged before me this 23rd day of January, 2008, by N. Cornell Boggs, III as Chief Legal Officer & Group Vice President of Public Affairs, Coors Brewing Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and Yellr last above written, My commission expires: _~Iu -' aC"V. --f Gii.cJO N;a~ic in and for the State of L'Ncradr, ~ a::l. 2.0\ \ I '. EXHIBIT A UTILITY EASEMENT A utility easement No. UE-29A Rev. of the Department of Transportation, State of Colorado, Project No. CC 0581-009 containing 0.230 acres, more or iess, in the Southwest 1/4- of Section 19, Township 3 South, Range 69 West of the Sixth Principoi Meridian, City of Wheatridge. County of Jefferson. State of Colorado, said easement being more particularly described as foilows: Commencing ot the W 1/4 corner of said Section 19. whence the Northwest corner of said Section 19 beors North 00'03'10" West along the West line of said Northwest 1/4, thence South 36'03'07" East, 0 distance of 1,531.50 feet to the Point of Beginning; 1, Thence South 4-0'46'19" West, 0 distance of 6,12 feet; 2. Thence South 04'19'51" East, 0 distonce of 117.18 feet; 3. Thence South 85'40'09" West, a distonce of 20,00 feet; 4. Thence South 04'19'51" East, a distance of 125.00 feet; 5, Thence North 85'40'09" East, 0 distance of 60.00 feet; 6. Thence North 04'19'51" West, a distance of 125.00 feet; 7. Thence South 85'4-0'09" West, 0 distance of 20.00 feet; 8. Thence North 04-'19'51" West, a distance of 108.87 feet; 9. Thence North 40'4-6'19" East, a distonce of 17,78 feet; 10, Thence South 85'4-9'25" West, 0 distance of 28.26 to the Point of Beginning, containing 9,999 square feet, or 0.230 acres, more or less. The purpose of the above described utility easement is for construction and maintenance of the F oirmaunt Ou tfall. Basis of Bearings: Bearings are based on the North line of the Southwest Quarter of Section 19, Township 3 South. Range 69 West of the 6th Principle Meridian, bearing South 89'06'21" West and is monumented on the east end (Center Quarter Corner of Section 19) by 0 3 )4" Brass Cop PLS No.1584-6 in 0 monument box, and an the west end (West Quarter Corner of Section 19) by a 1 1/2" Brass Cap in a range box. Prepared for and on behalf of the Colorado Department of Transportation Micheal L. Bouchard, PLS#24-94-1 Farnsworth Group, Inc. 5801 N. Union Blvd. Colorado Springs, CO 80918 ~ Farnsworth ~ GROUP SBOl N. UNION BLVD,SUITE 100 COLORADO SPRINGS, CO, B091B (719) 590-9194 / (719) 590-9111 Fox EXHIBIT UTILITY EASEMENT UE-29A REV. SW 1/4 , SECTION 19, T. 3 S., R. 69 W. OF THE 6TH P.M., CITY OF WHEATRIDGE. JEFFERSON CO., COLORADO project No: 007084.0 Drawn by: jaf Approved: Date; 02/ot j08 Revised: LEGEND P.O.C. POINT OF COMMENCEMENT P.o.B. POINT OF BEGINNING . CHANGE IN COURSE ONLY I II NOTE: THIS IS NOT A MONUMENTEO SURVEY. IT IS INTENDED ONLY TO BE A GRAPHIC DEPICTION OF THE ATTACHED DESCRIPTION. TITLE INFORMATION SUPPLIED BY H C PECK & ASSOCIATES, INC. . ____ NW 1/4 COR SEC 19, ("" T3S, R69W. 6TH P.M. FOUND S 1/4" ALUM MON IN RANGE BOX ~ PLS 5239 o ~ ;-, p /8 P.O.C. W 1/4 COR SEC 19. ~ Us. R69W; 6TH P.M. I 1/2" BRASS CAP IN RANGE BOX PLS 10104 (;..... " ~f r'....:!.fe. ........0..;-, ~SJ:~;>~ ~SO................. ......,...... ...... ............ , ......, ...... "............,...... " ............ S40.4620"W--........ SW1/4 6.12' ~, ------- SECTION 19 .,.... ~ ::;; 0..: a.: :r: F to <0 :;: :;: I I o m ......<D I. ~ 0:: u)c.n I I n n I I I- I- J o 50 t __ 100 NW 1/4 SCALE: 1"=100' SECTION 19 1 14 SECTlON UNE 589'06'21"W CENTER SEC :,J TSS. R69W. 6TH P.M. FOUND 3 1/4" BRASS CAP IN RANGE BOX PiS 15846 S04'19'51 "E 117.18' N0419'51"W 125.00' S85'49'25~W I 28.26' -- -- OWNER' COORS BREWING COMPANY, A COLORADO CORPORATION #30-244-00-001 UNPLA rrFD REC. 901 09963 II< REC. 92163n4 II< BOOK 2006 PAGE 35 585'40'09"W 20.00' N40"46'19"E 17.7S' .... N0419'51"W - 10B.8T S8S'40'09"W 20.00' 504'19'51"E I 125.00' UTILITY EASEMENT UE-29A REV :1:9,999 SF N85'40'09"E 60.00' EXHIBIT UTILITY EASEMENT UE-29A REV. SW 1/4, SECTION 19, T. 3 S., R. 69 W. OF THE 6TH P.M., CITY OF WHEATRIDGE, JEFFERSON CO., COLORADO I fg~psworth 5801 N, UNION BLVD,SUrrE 100 COLORADOSPRINGS,CO, 80918 (719) 590-9194/ (719) 590-9111 Fox Project No: 007084.0 Drawn by; jaf Approved: Oate: 02/01/08 Revised: 2 I111UTY F ASEMENT A utility easement No. UE-27A Rev. of the Deportment of Transportation. State of Colorado, Pro ject No. CC 0581-009 containing 0.075 acres. more or less. in the Southwest U of Section 19, Township 3 South. Range 69 West of the Sixth Principoi Meridian. City of Wheatridge, County of Jefferson. State of Colorado, said easement being more particuiarly described os follows: Commencing at the W 1/4 corner of said Section 19, whence the Northwest corner of said Section 19 bears North 00'03'10" West aiong the West line of said Northwest 1/4, thence South 40'45'55" East, 0 distance of 1,527.82 feet to the Paint of Beginning; 1, Thence South 40'46'19" West, 0 distance of 104.29 feet; 2, Thence South 85'49'25" West, 0 distance of 28,26 feet; 3. Thence North 40'46'19" East. a distance of 92,64 feet; 4. Thence North 49'17'20" West, 0 distance of 55,41 feet; 5. Thence North 40'46'19" East, a distance of 13.5 feet; 6. Thence on the ore of 0 non-tangent curve to the left 0 distance of 77,63 feet, said curve has 0 radius of 525,00 feet. 0 centrol angle of 8'28'21", and 0 long chord that bears South 62'46'38" East, 0 distance of 77,56 feet to the Point of Beginning, containing 3,279 square feet. or 0.075 acres, more or iess. The purpose of the above described utility easement is for construction and maintenance of the Fairmaunt Outfall. Basis of Bearings: Bearings ore based on the North line of the Southwest Quarter of Section 19, Township 3 South, Range 69 West of the 6th Principle Meridian, bearing South 89'06'21" West and is monumented on the east end (Center Quarter Corner of Section 19) by a 3 1/4" Bross Cop PLS No. 15846 in 0 monument box, and on the west end (West Quarter Corner of Section 19) by 0 1 1/2" Brass Cop in 0 ronge box. Prepared for and on behalf of the Colorado Deportment of Transportation Micheal L. Bouchard, PLS#24941 Farnsworth Group, Inc. 5801 N. Union Blvd. Colorado Springs, CO 80918 . Farnsworth ~ GROUP 5801 N. UNION BLVD. SUITE 100 COLORADO SPRINGS, CO, 8091B (719) 590-9194/ (719) 590-9111 Fox EXHIBIT UTILITY EASEMENT UE-27A REV, SW 1/4 , SECTION 19, T. 3 S., R 69 W OF THE 6TH P.M., CITY OF VllHEATRIDGE, JEFFERSON CO., COLORADO Project No: 007084.0 Drawn by: jof Approved: Date: at /18/08 Revised: 3 ~ NW 1/4 COR SEe 19, ?> T35, R69JY, 6TH P.M. ~ FOUNO 3 1/4' AWM MON :3 IN RANGE BOX b PiS 5239 o z I: I 0 50 100 - - SCALE: 1"~100' NOT"', THIS IS NOT A MONUMENTED SURVEY. IT IS ImENDED ONLY TO BE A GRAPHIC DEPICTION OF THE ATTACHED DESCRIPTION. TITLE INFORMATION SUPPLIED BY H C PECK & ASSOCIATES, INC. LEGEND P.O.C. POINT OF COMMENCEMENT P,O,B, POINT OF BEGINNING . CHANGE IN COURSE ONLY ..".... NWl/4 SECTION 19 , , '-1 h. '" -""::::70. /"..........~S; ~S<?..>..........SS" '&0'<:- ,'" " , P.O.C, , W 1/4 COR Sf'C 19, " r3s, R59W. 5TH P.M. " ~ 1 //2' BRASS CAP , IN RANGE: BOX """- PLS 10104 ........, , , '" ~~, ,>, "0,', , , , , 114 SECllON LINE S89'06'2.1"W CENlER SEC\ /9, J TS5, R69W, 6TH P.M. FOUND J 1/4" BRASS CAP IN RANGE BOX PLS 15846 (~ :;; :;; cL cL <;?: ....0...., ~T0 1'0", <V~<.f': 4?o~ .o..;:!b ~~ 'i}('S '<f> 8~8'28'21" R=525.00 L=77.63" CB-S62'46'38"E CL~ 77.56' :r: :r: f- f- CD CD s S I I 0.0> r-- CD I I C::: C::: OWNER, COORS BREWING COMPANY, A COLORADO CORPORATION AND N4O'46"9" DON4LD W MACDONALD 13.50' #39-! 9;3-00-005 (/) (/). I I n n I I f- f- UNPLA TTFD N49'17'20HW 55.41' P.O.B. Z PROPOSED ROW --- REC. 2006044289 & REC. 2006022089 N40'46'19"E 92.64' S40'46'19~W 104.29' ---- SWl/4 SECTION 19 ----- UTILITY EASEMENT UE.27A REV :t3,279 SF S8S'49'25"W 28.26' . Farnsworth ~ GROUP 5801 N. UNION BLVD,SUITE 100 COLORADO SPRINGS, co. 80918 (719) 590-9194/ (719) 590-9111 Fax EXHIBIT UTILITY EASEMENT UE-27 A REV. SW 1/4, SECTION 19, T. 3 S., R. 69 W. OF THE 6TH P.M., CITY OF WHEATRIDGE, JEFFERSON CO.. COLORADO Project No: 007084.0 Drawn by: jof Approved: Date: 01/07/0B Revised: 4 -~I- ....1.0 ~~ ~:8 UNPLA 11tD REC. 91)1C991S3 & fI'tC, 9~\1j~114 k BOO\\. 2006 ~IIGt -,,5 I ,00 r,o~ Il'I SCJ>.\.E.~ ~ s'iJ 1/4 stC 19 ~ COLORADO DEPARTMENT ~ OF TRANSPORTATiON ~~ CoofS Brewing CompanY. ~ a Colorado corporation ,_' 0 1>"~'4e,'\;;" r;:, ~,,\~'7'54"" 2 R",)9~9j}"i ~ ~:1:i~' L",,,-52/J: C"...S711'Z't2~'t. CB"Sll7\'l5i~1!l C\P~\\.9'" cl-",2.o2.C11) tp{i1,'\e.'O'i" R",5(lQ.oO \.-,,!);)A,.5t ce",~~'\15f>"( - o..~509A3 t?"i~9'O'(; r;:;?::, jl:..,,460.I)O v!5 L",W~E..7" CIl-'Noz,:;.;%'Zf"<' ~1."i1\,\IS.2f /'.Plli.\~o~t ~",5\O'OO \.",~~52.\' C\3<'st~",1'5-\l"W Cl",e.\9.es \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ,,"~J.( ~ y City of :g7WlieatRL.dge ITEM NO: I.F. REQUEST FOR CITY COUNCIL ACTION ~~ "" c"l~k"" n COUNCIL MEETING DATE: March 24, 2008 TITLE: MOTION TO AWARD RFB-08-08, 2008 TRAFFIC SIGNAL EQIDPMENT REPLACEMENT PROJECT TO VARIOUS VENDORS AT A TOTAL COST OF $79,466.00. o PUBLIC HEARING ~ BIDSIMOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:) o ORDINANCES FOR 2ND READING (Date:) Quasi-Judicial: 0 Yes ~ No -:;: ~~ L;/- Director ofPublic Works ~~ City M~er <r EXECUTIVE SUMMARY: The Public Works Department is proposing to purchase traffic signal equipment for its traffic signal improvements program. The program was developed to improve signal visibility, improve communication ability and replace obsolete equipment. This is the final phase of the program and the work proposed for this year will upgrade mid-block signals and waming lights. Staff recommends award of equipment purchases to the following: AM Signal, Inc. of Littleton, Colorado in the amount of $21,906.00; General Traffic Equipment Corporation of Newburgh, New York in the amount of $8,995.00; Traffic Parts, Inc. of Spring, Texas in the amount of$515.00; Traffic Signal Controls of Longmont, Colorado in the amount of $11,450.00 and Econolite Control Products, Inc. of Golden, Colorado in the amount of $36,600.00. The total cost of the equipment is $79,466.00. COMMISSIONIBOARD RECOMMENDATION N/A STATEMENT OF THE ISSUES: Bids for the 2008 Traffic Signal Equipment Replacement Project, RFB-08-08 were received on Tuesday, February 19,2008 and February 26,2008. Six (6) bids were received. The apparent low, fully responsive bidders include: . AM Signal, Inc. of Littleton, Colorado in the amount of $21,906.00 for 3 section 12-inch LED overhead signal heads, 3 section 12" LED side of pole signal heads, LED pedestrian signal heads with countdown, 12-inch red, yellow and green arrow LED lenses and UPS battery backup; . General Traffic Equipment Corporation of Newburgh, New York in the amount of $8,995.00 for single section 12" signal head with yellow LED (ACmC) with pole mounting hardware, single section 8" signal head with yellow LED (AC) with pole mounting hardware, 3 section 12" LED heads (side of pole) with 12" red, yellow and green left arrow lenses and 5 section 12" LED heads (side of pole); . Traffic Parts, Inc. of Spring, Texas in the amount of $515.00 for pedestrian push buttons with sign; . Traffic Signal Controls of Longmont, Colorado in the amount of $11,450.00 for single section 8" signal head with yellow LED (DC) with pole mounting hardware, two direction, 2 camera video detection system with monitor, keypad and video cable and one direction, one camera video detection system with monitor and keypad; . . Econolite Control Products, Inc. of Golden, Colorado in the amount of $36,600.00 for cabinet assembly with fiber, controller and slideout tray and cabinet assembly with twisted pair, controller and slideout tray. Based upon the compliance with bid specifications, Staff recommends award to the low bidders on the equipment. The work will be performed by Operations Division staff at the following locations: I ) West 38th Avenue at Kendall Street 3) 3900 Pierce Street 5) 44th Avenue at Zephyr Street 7) Willmore Davis Elementary Crossing 8) Wheat Ridge Middle School Crossing 9) Saints Peter & Paul Crossing 2) 41 st Avenue at Allison Street 4) 32nd Avenue at Ward Road 6) Kullerstrand Elementary Crossing 8) Pennington Elementary Crossing 10) Stevens Elementary Crossing II) 50th Avenue at Kipling Street 11) 49th Avenue at Kipling Street 13) 44 th Avenue at Pierce Street 15) 3Sth Avenue at Pierce Street 12) 3Sth Avenue at Harlan Street 14) 3Sth Avenue at High Court 16) 4 7th Avenue at Harlan Street ALTERNATIVES CONSIDERED: Not purchase the equipment and the project will not be constructed. FINANCIAL IMPACT: The funds for the purchase of this equipment are budgeted in the 200S Public Works Department General Fund Budget, Account Number 01-303-S00-S09, Other Major Equipment. The approved budgeted amount for the traffic signal equipment is $100,000.00. RECOMMENDED MOTION: "I move to award RFB-OS-OS, 200S Traffic Signal Equipment Replacement Project to AM Signal, Inc. of Littleton, Colorado in the amount of $21,906.00, to General Traffic Equipment Corporation of Newburgh, New York in the amount of $S,995.00, to Traffic Parts, Inc. of Spring, Texas in the amount of $515.00, to Traffic Signal Controls of Longmont, Colorado in the amount of $11 ,450.00 and to Econolite Control Products, Inc. of Golden, Colorado in the amount of $36,600.00. Or, "I move to deny award ofRFB-OS-OS, 200S Traffic Signal Equipment Replacement Project, for the following reason(s) " Report Initiated by: Greg Knudson, Operations Manager Report Prepared by: Tim Paranto, Director of Public Works Reviewed by: Linda Trimble, Purchasing Agent Attachments: 1. Bid Tabulation Sheets PROJECl': 1AAFF\C SIGNAl.. EQUIPMEN1 \iEI'lDOR LOCI<1ici~ ..@:..' f \1);l@1\\'i^<q.!'i~~I~BaVJ~ SIG\'lll..1URE PAGE crr< Of WHEA 1 roOGE BID 1 ASULA 1\ON ACC6P1S \lISp., :> section ~'2" U"O Heads,,~O\lernead) 10 ~. f'!J '2040' .., , :> sectIon ~2" lED Heads lS\de 0\ pole) 'if Ie> "'- ->, \ 00 ICC or equal LED pedestrian Signal HeadS 'III CQunl Down A c~ 10'" .'>""o4v pedestrian push euttonS 'loll Sign ,'~ 00 It'"=' S \'::<.-' N\IS2-1\ I'1'lG caolnet p.,$$Y \System readY, flper w/controller and $lid~1 \ray \ "'- ,,"\ oo(). ... Single seclion ollie\< \2" signal hear wNe\\OW U'OD \f\C) wlpoie mounting~ardWare Zo~' ~'1. 0001'/ sl;;9\e section blacl< 8" sigoal head WlyellOW LED \AC) wlpole rwunliOg hardware Ie> ~ $,e>e5. Single section olae\< \2" signa' head wlye\\OW .,\.,,0 \~ wlpo\e ",ouotlng haroware ';1' \i/":" ~".., a:' .f':;)'j t{rft J:\RFB-08.M Bid "jab snee\.doc -\-\'2-,0"0 -- "3tO,OD -- "?CA .00 -- 60\.00 -- "-lo~~A -- \1\';;>.,00 ~ \ o?,.OO ------- \'?Vl,DO " t-S ~ )VO - 4-ld3 .0'0 ....:..::----- 3Bb .00 ::.---- '?IoD.DD -- 6~,OO -- I\lD~~ -- r:ft;.o 0 :...----- I LfVl.oO :...----- /1o.DD 61oiPjtQPOSAI. NO. Rf6..o8-08 ~ 02119/08 b'l2:00 pill ~ PUB\..IC WORt<S OPE"EOB'i Linda ir\(f\ble. purchasing NJe \f'J\1"NESSEO B~ ""- ~aSi[\gA$Sista[\t pp-GE.-:!--- 0' ~ 'f ~f, - --- \ "I &'5 .--:-- '5W.cO J.t60,oO \ lfQO.oO 4fD.OD ~100.o0 \ ?;/POlcV ~,OO ?j6D .00 :?Jt1'?,VO ld3 :OD 6\.GO 60.00 \O~ N1J6J NO PJ~ (\Jo~/d ..~..o~ Xl" d-C- .....".,.., ',. '\;-~':;:'J>'~:";" -"; , )O'D,oO \1oO.DO lL 0.00 <oD,{J0 ) ~\.4-<? It o.Q0 ~ I \ IpO'OO \ [lO'OO . ATfACtltAEtI'I.1--... CITY OF WHEAT RIDGE BID TABUL~ION f:-..',K~ '/>.-0 \ S't .00 ll)1-,OD \31 DO ;;,;)';,00 1/.';;',00 Jar,a:;> 0162 ,DO 6<tD,DO ' ?f1.DD __ to. DO IJ5,OO 6a.oo }JJ i!Jld l\lv r3L& No "to! G6.oo 1iJ.,DD NDjg~ Nb~d ND PAd JI)) /3,'4 Nb IBitt q QgD,DO I - 4-; 5f.,,6.o[) w $ r2.\ ) 90(",-- -0' 6,-c".t<<\ -y",,;>>..' $-:). "" , 'I <>!: 4. &/$ , .r J:\RFB.OB-OB Bld Tab Sheet.doc -'.-'.-- ~"...~--" .....- , DP,OO , / fDffob e9.,OO,OO NoM ;t qrOv qJD.DD \ 45.DO 4;5.co "10. DO NDPnd fJ D BuJ1 N{iJe1a fJD /?Ld N D &iJ ~,;7<-T~ .. t , I I ...... ,\' _ ,'l... \.r\._~.~-.t~t) " t: t-~t.':, \~\{.d- - ~ I , f f ,-, '"1(..:.~ ,... \ c~,\; \ ' 1675.00 - If }.lf6 /3'i5.0D ~~--- No8'd - 931.10 56a.oo 6f:>,;;:;'~ (oS. DO 0-:1:.50 NOI?0I Jib ~/d l<j!) .OD 1[000 13;000 (\10614 - . 366,00 fl.fD,OD 51.DO U[.oo SJ.OD -'- r Single section' blacK 12" signal head w/yeiiciW \ LED (DC) wlpo!e mounting hardware Z C\ '.... ~D''''::' ,l7 Single section blacK 8'; Signal head wi yelloW iii" i ,LED (AC) wlpo!e mounting hardware /"'- - - Single section blaCK 8" signal nead wfyelloW LED (DC) wlpole mou.n~J'1g nardware .1\-" ~.;;'-o~ UPS Battel)' BacK Up - - . -:- d \ -; I," ,"\ S C> <t' ~:{lfl).OO NDgl 3 Section 12" LED Meads (side of pole) wl!- 12" RlYfG Left Atrows ~" \ ,")..K1. CO '1. '200'" \~ ~~q5- ~. ~~ ' v ---- -- - 5 section 12" LED Meads (Side of pole) ~ ~ , \0 '" :\> '5 , 000 - ~ 12" LED Red ArroW Lens Only ,,~ !:ro :IS \ S (", - 12' LED Yeilow ArroW Lens UnlY A $:.'" 1-"" :\:. \&1> , ~ 12" LED Green ArrfJ'N Lens Only .:;,fI 11--. -z..-c;,O, '_\" M TS2-T1 PNG cabinet Assi (system ready, 0(" J fiber wfcontroller & slide-out tray) //"r - '\!, PTS2-T1 PNG Cabinet Assy (system ready, ;.- fiber wfcontroiler and slide-out tray "2-. 7. ~ \ <t>. 4- oC> PTS2-T1 PNG cabinetAssy (system ready, twisled pair, wlcontro\ler and sllde.out tray) ! "" piq . "b 00 complete Video D.teaiCn Syslem- 2 dlrecuon,- 2 camera w/mon\tor, KeYQad, & video cabte (500LF) \" j. -t. o'2>O,li>' complete lJideOoeteclion System -1 direction, i camera - wlmonitof Wld keypad \-; 0~~~<ot\ - rJDt0J1 l'ivi') I d }JPr?ld 1 fJ gO.Ob I- ~g5D,OD J j, 1\ 4 ')-0 'l2- I ,~ [VD Bid tJoB;d Nill?l;d ',- $'6 "\"i5 ~ ~ ~5\C; <;a ) I ~, - - ~-.. '07- "- . ...,' ~;',\'; , ({_,)' : _ ,<r~ _ c".: .- '(n r,( ,01..r~.' ~""'..' "t >,. ~."".':>' .,v,~"-" '.,:,~W:~,,:',/";'- ' . PI<- ,~,,"@i""~" ,.. _~"".n"'l"'~' ,,,' ," ","-' ,~, r~"<; .'~ , -.-'." - '"" $> :,~ J (,pO .-- ~ ~ j.( - _ ~ City of . ?WheatRL-dge ITEM NO: I r;., REQUEST FOR CITY COUNCIL ACTION ~t~ nl'IDj COUNCIL MEETING DATE: March 24, 2008 BILE: MOTION TO AWARD RFB-08-12, PURCHASE AND INSTALLATION OF LIGHTING, EQUIPMENT, AND HYDRAULIC SYSTEMS FOR 2008 INTERNATIONAL SINGLE AXLE CAB & CHASSIS AT A TOTAL COST OF $43,585.01. o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:) o ORDINANCES FOR 2ND READING (Date:) ~D 0N, Director 6f'"Public Works f!~1 EXECUTIVE SUMMARY: On January 28, 2008 City Council authorized purchase of a large truck cab and chassis for replacement of an existing snow plow truck. The appropriate snow plow, dump box, hydraulic system and lighting package were not available under the State bid contracts. Procurement of this equipment has been pursued through the standard bid process. Bids for PurchaselInstallation of Lighting, Equipment & Hydraulic Systems for 2008 International 7500 Single Axle Cab & Chassis RFB-08-l2 were opened on Tuesday, March 4, 2008. Two (2) bids were received. The apparent low, fully responsive bidder is OJ Watson Equipment of Denver, Colorado in the amount of $43,585.01. OJ Watson Equipment has met all bid requirements. Based upon the compliance with bid specifications, Staffrecornrnends award to OJ Watson Equipment for the lighting, equipment and hydraulic systems. .COMMISSIONIBOARD RECOMMENDATION N/A STATEMENT OF THE ISSUES: Bids for RFB-08-12, Purchase/Installation of Lighting, Equipment & Hydraulic Systems for 2008 International 7500 Single Axle Cab & Chassis, were opened on Tuesday, March 4, 2008. The apparent low, fully responsive bidder is OJ Watson Equipment of Denver, Colorado in the amount of $43,585.01. Staff recommends the purchase of the following to appWl',;ately outfit a 2008 International single axle cab and chassis to perform snow and ice control duties: One (1) Lighting Package One (1) 10' Dump Body Package One (1) Pull Tarp One (1) Snow Plow Package One (1) Hydraulic System Package Transfer of Existing V-Box Spreader Total Cost: $ 828.00 $12,532.21 $ 909.65 $ 9,407.00 $17,332.15 $ 2,576.00 $43,585.01 ALTERNATIVES CONSIDERED: No award and the lighting, equipment and hydraulics systems will not be purchased and installed. FINANCIAL IMPACT: \ \ \, , The funds for the pur,chase and installation of the lighting, equipment and hydraulic systems are budgeted in the 2008 Public Works Department General Fund Budget, Account Number 01-303- 800-807, Fleet Replacement. The combined total approved budgeted amount for the cost of vehicles and equipment, including the costs of the transfer, purchase and installation of new and used auxiliary equipment, lighting, markings, communication and other miscellaneous equipment is $593,000.00. RECOMMENDED MOTION: "I move to award RFB-08-12, Purchase/Installation of Lighting, Equipment & Hydraulic systems for 2008 International 7500 Single Axle Cab & Chassis to OJ Watson Equipment of Denver, Colorado in the amount of their quotation of$43,585.01. I further move that all costs associated with these purchases be paid from account number 01-303-800-807, and that these funds be encumbered in accordance with Ordinance #787, 1989 Series. " Or: "I move to deny award of RFB-08-12 for the following reason(s) " Report Initiated by: Greg Knudson, Operations Manager Report Prepared by: Tim Paranto, Director of Public Works Reviewed by: Linda Trimble, Purchasing Agent Attachments: 1. Bid Tabulation Sheets -- - - ..,~..="'""" CITY OF WHEAT RIDGE BID TABULATION PROJECT: LIGHTING, EQUIP AND HYDRAULIC SYS - BIOIPIlOP05~L NO: RFS.oS-12 am DUE OATE1T1ME. 03/04/0S by 2:00 pm \ REQU~.,,"G OEPT.IOIVlsIDN PW SHOP \ \ otLJ~vY1~f1 ~_"" _ "'~""'~_"V \ SIGNATURE PAGE Ves ~b:3' - ~ - -- . ~t5 _Y-eS 'l~.$.DO. Lf- \~. 00 - + . I~ S3? ,;( \ l~ \ 5D. 00 _.~--- . - qoq,li( 0ts .1)'0 \ q ~()f.D1> Cf,WfS,DD , _n,~~;I,iE ~Cj,O() , :J-,f1~.DD . ::f22,OO \ _'Ll&M4etl W ut1~ 4-~ 0%,01 I 42;~rrSI~_ ~~T[~:J:; .:.\ rVENDOR ACCEPTS ViSA L1GHTlNG PACKAGE DUMP BODY PACKAGE - - PULL TARP , r-- " SNOW PLOW HYDRAULIC SYSTeM TRANSFER V-BOX - [STALCATION TOTAL PRlCE J:\RF6-0B- "\2 aid Tab Sheet-doc ATTACHMENT 1 OPENED BY ~ Linda Trimble, purchasing Agent /- WITNESSED BY "Z:S Ann Woosley, purchasing Assistant ~PAGE~Df- I -J " - - J I I. ~".. ~ ~ City of rWheatRi....-dge ITEM NO: U-I. REQUEST FOR CITY COUNCIL ACTION "-..."",~.,. ~....;.i- ... COUNCIL MEETING DATE: March 24, 2008 TITLE: MOTION TO APPROVE RENEWAL OPTION FOR RFP-07-20 INTERIM CONNECTIONS NEWSLETTER TO WELCH CREATIVE GROUP IN THE TOTAL AMOUNT OF $45,000.00. D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR I ST READING (mmJddlyyyy) D ORDINANCES FOR 2ND READING (mmJddlyyyy) Quasi-judicial: DYES f)~~J Deputy City Manager - If ~ NO City~~~a4 EXECUTIVE SUMMARY: The quarterly Wheat Ridge Connections Newsletter is the primary information source of City news for residents and businesses in the City. The Renewal Option Request for RFP-07-20 Interim Connections Newsletter in the amount of $45,000 to Welch Creative Group includes an increase in the amount of$6,732 from the Council approved amount in 2007 of$38,268. The increased amount being requested is based on staff budgeting for four issues of the Connections newsletter in 2008 instead of three in 2007. Approval of the requested funding amount will allow for the production of four quarterly Connections Newsletters in 2008. Staff will put the Connections Newsletter design and printing out to bid in the fall of2008 for 2009 production. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: As noted in the 2007 Council Action Form attached, the need for improving the City's Connections Newsletter on an interim basis was identified by the Assistant to the City Manager as one way to enhance the City's communication efforts with the community. In 2007, the City enhanced the Connections newsletter through a redesign to enhance the visual appeal of the publication. Staff also enhanced the content of the publication as well as the mail delivery of the publication. Staff prints 18,000 copies of the Connections newsletter, 14,841 copies go to residences in Wheat Ridge and 1,995 are mailed to commercial businesses and retailers. The remaining copies are mailed to employees, surrounding communities and copies are also made available at local facilities such as the Recreation Center, WR2020, and the Wheat Ridge Library. ALTERNATIVES CONSIDERED: No approval of the Interim Connections Newsletter Renewal Option will delay the production of the Winter 2008 edition ofthe Connections Newsletter. FINANCIAL IMPACT: Funding for this project has been approved as the Connections Newsletter line item of the 2008 City Operating Budget in the amount of $45,000 for design, printing and mailing of four quarterly newsletters. RECOMMENDED MOTION: "I move to approve Renewal Option for RFP-07-20 Interim Connections Newsletter Project to Welch Creative Group in the Total Amount of $45,000" \ \ , or, , '\ "I move to deny the approval of Renewal Option for RFP-07-20 Interim Connections Newsletter Project to Welch Creative Group in the Amount of $45,000 for the following reason(s): " Initiated by: Report Prepared by: Reviewed by: Heather Geyer, Assistant to the City Manager Heather Geyer, Assistant to the City Manager Linda Trimble, Purchasing Agent ATTACHMENTS: 1. 2007 Council Action Form ~~' WHt., "', ~ " - Q o ~ C'Ol.ORft,.QO ITEM NO: REQUEST FOR CITY COUNCIL ACTION ~~/ ~~=,-~ ",'5""""" ~:W:'/" ~' ~~ "\,,',, "(""""",, ~. I~~~" M[lw COUNCIL MEETING DATE: April 9, 2007 TITLE: A WARD RFP-07-20 INTERIM CONNECTIONS NEWSLETTER PROJECT IN THE TOTAL AMOUNT OF $38,268 o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicial: 0 Yes V~ Deputy City Manager o No ~~ City Manager EXECUTIVE SUMMARY: The City of Wheat Ridge Connections Newsletter should be the primary information source for residents and businesses in Wheat Ridge. Currently, the City distributes the newsletter to over 17,000 households and businesses. In January 2007, staff initiated the Interim Connections Newsletter Project, which consists of three issues of the Connections Newsletter to be designed, printed and mailed to the community in 2007. The overall goal of the Interim Connections Newsletter Project is to enhance the content, design, and layout of the Newsletter on an interim basis allowing for the possibility of a new name and design following the completion of and recommendations from the Marketing and Branding Project also to be completed in 2007. On February 27, 2007, ten (10) proposals were received. The selection committee evaluated and scored each proposal. The short listed firms were interviewed and ranked. The number one ranked firm overall was Welch Creative Group of Denver, Colorado. The evaluation committee checked negotiated pricing. Staff recommends award to Welch Creative Group of Denver, Colorado in the total amount of$38,268.00, with the option to renew for an additional year, if needed. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The need for improving the newsletter on an interim basis was identified by the City Manager, Deputy City Manager and Assistant to the City ManagerlPIO as one way to enhance the City's communication efforts. Enhancement of the Connections Newsletter has involved assessment of the content, ATTACHMENT 1 discussion of limitations of the current design, and quality control issues related to design and print. Previously, the City of Wheat Ridge worked with Centennial Printing for the design and print of the Connections Newsletter. In the past, staff has experienced issues with the print quality of the publication as well as the overall design. It was decided in January to put the Connections Newsletter design and printing out to bid, packaged together, in order to find a graphic design firm that would provide the results needed to improve the quality of the newsletter. Staff had originally estimated the budget to be under $25,000 based on the cost to produce the newsletter in 2007. Based on this assumption, staff had already begun production of the Spring 2007 Connections Newsletter and it is scheduled to be mailed the week of April 23, 2007. The change in the original cost estimate is based on allowing for an increase in the number of pages to 20, which better accommodates the City's need to advertise services and programs, instead of 8 or 12 pages. In the past, staff had to cut information submitted by departments in order to meet the page limits set by the budget. The result of this change requires staff to seek City Council approval of the bid award. ALTERNATIVES CONSIDERED: No award ofthe Interim Connections Newsletter Project will delay the production of the Spring 2007 issue and there could be an impact to the overall design and print quality of the publication. FINANCIAL IMPACT: Funding for this project has been approved as the Interim Connections Newsletter line item of the 2007 City Operating Budget in the amount of $50,000. RECOMMENDED MOTION: "I move to approve award ofRFP-07-20 Interim Connection Newsletter Project, to Welch Creative Group of Denver, Colorado in the amount of$38,268.00. I also move to elect the option to renew the agreement for one year, pending no price increases." or, "I move to deny award of RFP-07-20 Interim Connections Newsletter Project for the following reason( s) " Initiated by: Report Prepared by: Reviewed by: Heather Geyer, Assistant to the City Manager/PIO Heather Geyer, Assistant to the City Manager/PIO Linda Trimble, Purchasing Agent Attachments: 1. Bid Tabulation Sheet 2. Vendor proposal 070409 Newsletter CAF .doc """ ~ .i, <( ~ _ Y City of pWheatRL-dge ITEM NO: 1.1. REQUEST FOR CITY COUNCIL ACTION ~.. . - '.,.-4i~ A.... ...".....,'............."'........ ..... '..'..'..'-' rJ""............... .I.......,...it.~.....,..,.......... <6..... ~. "'!f~. - - ..... . ~G"-/ ,'".',iillc,."" J'ig _ ~J <51.:: t;}!P i..,,~~...-' -,'ltrl'I"/tJU"j"'I' . ~""...... )_. /1 1"--'" - ..""'_...\u.,-,..~..../ I =-_ n_ COUNCIL MEETING DATE: March 24, 2008 TITLE: RESOLUTION 15-2008 - A RESOLUTION AMENDING THE FISCAL YEAR 2008 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR A PUBLIC INFRASTRUCTURE FUNDING INFORMATION PROGRAM IN THE AMOUNT OF $48,200 D PUBLIC HEARING D BIDS/MOTIONS IZI RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: D ORDINANCES FOR 2ND READING ) Quasi-Judicial: D Yes . a~rI! Deputy City Manager II' IZI No (..\<J<Af a> City Man~r ~ EXECUTIVE SUMMARY: Mayor DiTullio recommended to City Council in a November 29, 2007 memorandum to place three bonding questions on the November 2008 ballot based on recommendations from the DIRT Task Force. The bonding questions recommended correspond to the following three unfunded City infrastructure projects: 1) Local Drainage Improvements; 2) Reconstruction of 38th Avenue from Kipling to Youngfield Street and Streetscaping of 38th Avenue from Harlan Street to Wadsworth Boulevard; and 3) Expansion of the Wheat Ridge Recreation Center. At the February 4,2008 Study Session, staff received direction from City Council to analyze the Mayor's recommendations for possible 2008 public infrastructure bonding ballot questions. At the March 3, 2008 Study Session, staff presented to City Council recommendations to move forward with a Public Infrastructure Funding Information Program to determine the feasibility and level of public support for the recommended projects and funding options. A consensus was reached by Council to bring forth a supplemental budget appropriation at the March 24, 2008 City Council meeting to fund this program. Funding in the amount of $48,200 will be used to complete a mail survey and phone poll, to develop and mail communication pieces, to retain a financial advisor, and to retain an architect to develop a conceptual plan of the Recreation Center expansion. COMMISSION/BOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: Staff has entered into agreements with George K. Baum & Company, Drew Financial, LLC and Barker Rinker Seacat Architecture to provide the following services: Geome K. Baum & ComDanv Act as Investment Banker and Underwriter for the proposed bond issues of the City including the responsibilities of providing assistance with regards to bond election plarming and strategy, dissemination of voter information per the City's responsibility to provide such public information, financial planning, bond market awareness, rating agency and bond insurance presentations, marketing the bonds, investment banking expertise and information on existing and new financing strategies. George K. Baum & Company will be compensated through the underwriter's discount in the negotiated sale ofthe bonds. Drew Financial. LLC Provide general financial advisory services with respect to new issue or refmancing of bonds, notes, loans or certificates of participation including advice with respect to structure, timing, terms and other matters concerning such financings. Drew Financial will also provide advice on cash and investment management as requested by the City. Mr. Drew will be compensated at $140.00 per hour for a maximum of $6,000.00. Barker Rinker Seacat Architecture Provide conceptual design services for the Wheat Ridge Recreation Center expansion. As the original design firm for the Center, they are familiar with the community and the existing building. After discussion with City Council at the March 17 study session, it was determined that the scope of work could be broken out into two phases. Phase I would prepare a detailed program of spaces for the building and site identifying uses, functions, areas, amenities, activities, and general furniture, fixtures, and equipment associated with each space. Phase I would also prepare a construction and overall project budget based on the developed program. This information would be detailed enough in nature to defme the scope ofthe expansion and an approximate cost within a fairly tight range. It will provide the needed information, which includes schematic designs and pictures, to explain the project and measure public support for it as a ballot issue. Phase II of the scope of services could proceed if information from the public opinion surveys support the expansion as a ballot question. Phase II would proceed to a more detailed conceptual design phase involving a larger team. This team would include Structural and Civil Engineering, Electrical Engineering and Mechanical Engineering. The intent of Phase II would be to further define the budget for the project which would be needed for use in the ballot question wording and financing decisions. ALTERNATIVES CONSIDERED: Bond elections require specialized expertise; therefore, staff would not recommend proceeding without the assistance of financial and bonding experts. FINANCIAL IMPACT: There are adequate funds in the General Fund undesignated reserves to fund this request. The funds will be used for the following projects or services as part of the Public Infrastructure Funding Information Program: 1. Mail Survey 2. Phone Poll 3. Communication Pieces $11,000 $17,000 $6,000 Services provided by Drew Financial, LLC 4. Financial advisement $6,000 Services provided by or through Barker Rinker Seacat Architecture 5. Recreation Center expansion conceptual plan $8,200 RECOMMENDED MOTION: "I move to approve Resolution 15-2008 - A Resolution Amending the Fiscal Year 2008 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation for a Public Infrastructure Funding Information Program in the Amount of $48,200." or, "I move to postpone indefinitely Resolution 15-2008 - A Resolution Amending the Fiscal Year 2008 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation for a Public Infrastructure Funding Information Program in the Amount of $48,200 for the following reason(s) " Report Prepared by: Patrick Goff, Deputy City Manager Reviewed by: Randy Young, City Manager Attachments: 1. Resolution 15-2008 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 15-2008 Series of 2008 TITLE: RESOLUTION 15-2008 - A RESOLUTION AMENDING THE FISCAL YEAR 2008 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR A PUBLIC INFRASTRUCTURE FUNDING INFORMATION PROGRAM IN THEAMOUNT OF $48,200 WHEREAS, the Mayor and City Council have directed staff to investigate the feasibility of placing three bond questions on the November 2008 ballot; and WHEREAS, Staff recommended to City Council that the City initiate a Public Information Program; and WHEREAS, a Public Information Program will include a mail survey and phone poll; mailed communication pieces; and the retention of a financial advisor and an architect; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City of Wheat Ridge fiscal year 2008 Budget be amended accordingly, specifically transferring a total of $48,200 from General Fund undesignated reserves to the following accounts: $8,200 $40,000 01-601-700-750 01-610-700-750 DONE AND RESOLVED THIS day of March 2008. Jerry DiTullio, Mayor ATTEST: Michael D. Snow, City Clerk ATTACHMENT 1 ,.,1.( - ". ,City of ..J?"WheatR!:9ge ITEM NO: ~, REQUEST FOR CITY COUNCIL ACTION ~' ~~ lk~"" ~ COUNCIL MEETING DATE: March 24,2008 TITLE: COUNCIL BILL 04-2008, --APPROVAL OF A CHANGE OF ZONING CONDITIONS ON PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT AND FOR APPROVAL OF AN AMENDED OUTLINE DEVELOPMENT PLAN AT 7495 W. 29TH AVENUE (CASE NO. WZ-08-01/PHARO FOR M & E FINANCIAL - WADSWORTH EXCHANGE) IZI PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1 ST READING (Feb, 25, 2008) I:8J ORDINANCES FOR 2ND READING (March 24, 2008) Q"'''-j,diciffi, I ~"Jc~ . -' City~r-, I:8J YES D NO ~pment EXECUTIVE SUMMARY: The applicant requests approval of a change of zoning conditions on property zoned Planned Commercial Development pursuant to Case No. WZ-05-10 and for an amended Outline Development Plan (ODP). The subject property is located at 7495 W. 29th Avenue, The applicant is requesting that certain conditions of approval of the zone change on the property be eliminated allowing for removal of the structure on the southwest corner. A change of conditions for a specific zoning approval requires a zone change process. The amended Outline Development Plan would also allow for construction of a full service restaurant on the north side of the property and several commercial buildings on the balance of the site. The applicant has chosen to follow the new Outline Development Plan procedure of providing more graphic and written information up front, allowing the Final Development Plan (FDP) to be approved administratively. This case was reviewed by Planning Commission at a public hearing held on February 7,2008. The Planning Commission gave conditional approval. This City Council action is related to Goal 2 of the Strategic Plan of planning for growth and opportunities. It is also related to Neighborhood Revitalization Strategy policies of promoting development of the Wadsworth corridor by providing destination retail businesses, an expanded tax base and increased property values. COMMISSION/BOARD RECOMMENDATION: This case was reviewed by Plarming Commission at a public hearing held on February 7, 2008. Recommendation of Approval was given for the following reasons: 1. The property was rezoned to Planned Commercial Development pursuant to Case No. WZ-05-10. Retention of the existing structures on the property has proved to be prohibitory to development of the rest of the property. No changes are proposed to the uses and development standards approved pursuant to Case No. WZ-05-1O. The criteria used to evaluate a change in zoning conditions support the request. The proposed site design and architectural elevations are consistent with the Commercial/Industrial Design Standards in the Architectural and Site Design Manual. With modifications recommended by Staff, all requirements of an Outline Development Plan have been met which will allow administrative approval of FDPs for the property. 2. 3. 4. 5. 6. With the following conditions incorporated into the plan set prior to City Council public hearing: 1. For consistency with the intent and requirement of the expedited ODP/FDP process, the site plan (sheet 2) be expanded to illustrate existing adjacent development conditions. On Sheet 2, modify the 29th Avenue access to align with the centerline of the city hall access. A left hand turn lane be provided along the W. 29th Avenue frontage. The required right-of-way dedication will be assessed at the time ofFDP and plat. The architectural elevations and isometric perspectives be incorporated into the plan set and all sheets be renumbered accordingly. The proposed materials and colors be added to the architectural elevations. The existing restrictive covenant be modified to insure that the old house will be retained for five years. 2. 3. 4. 5. 6. The applicant has submitted correspondence with regard to the conditions of approval recommended by Planning Commission. The applicant concurs with conditions 1,2,3,4 and 5. The applicant does not concur with condition #6 which requires a five year period before the house is demolished. (Attachment 2, applicant letter) Another condition of approval recommended by staff was not included in the Planning Commission motion. This condition of approval relates to an additional right-of-way reservation for Wadsworth for consistency with the Wadsworth Corridor subarea plan. The applicant does not agree to any additional "reservation" for future street widening beyond the 20' dedication shown. See discussion below. STATEMENT OF THE ISSUES: When Case No. WZ-05-I0 was approved, certain conditions were incorporated into the zoning action and accompanying ODP to address concerns of the neighborhood and the Wheat Ridge Historical Society regarding the retention of many of the site features on the property. The conditions included retention of the former Olinger residence, relocation/reconstruction of the pergola, requirement for other structures built on the property to emulate the design of the residence, requirement for a tree assessment prior to tree maintenance being pc, {vHued and elimination of certain uses deemed incompatible with the adjacent residential neighborhood. The property owner is requesting the condition regarding retention of the house be eliminated. Other .ODP modifications include removal of the requirements for the keeping the pergola elements and architecture emulating the residence design. The amended ODP document includes approval of a 6300 s.f. restaurant pad on the north end of the property and other conceptual commercial buildings on the balance of the site. An issue of concern is related to the right-of-way width for Wadsworth Blvd. During the original zone change and ODP approval, the applicant agreed to a 20' right-of-way dedication for Wadsworth Blvd. An additional future right-of-way reservation was noted on the ODP document for future use of an area located east of the dedication. As reflected on the recorded ODP, this area was denoted as "Streetscape Area with Reservation for Pedestrian Access, Tree Lawn, Street Furniture, Landscaping, etc.; Minimum Allowable per ODP Criteria; Distance will Vary per Final Site Plan." This area varies in width from 15' - 30' along the Wadsworth frontage on the original ODP document graphic. Since approval of the previous ODP, the City Council adopted the Wadsworth Corridor Subarea Plan in August of 2007. The plan recommends a right-of-way width of 150' for the Wadsworth "section". (Attachment 3, Wadsworth Corridor section) (Attachments 4, 5 and 6, Wadsworth aerial sections) For consistency with the plan, a future reservation of 29' is required behind the 20' dedication. If the additional reserve area is required by City Council, the parking lot and other improvements will have to be shifted to the east. The applicant has indicated that this additional "reservation" will hamper development of the property and has filed an objection to the request for reservation. (item 8 of Attachment 2, Applicant letter) The application for development of this property is the first new development request within the Wadsworth corridor since the subarea plan adoption. City Council action relative to upholding the recommended section will set precedent for compliance with the plan on future development along the corridor. Staff believes that there is adequate room on the site to shift improvements to the east to accommodate the reservation. When the street reservation property is acquired for the widening of Wadsworth, the property owner will receive fair value as determined at the time of purchase. If the reservation is not accommodated, future road construction complying with the recommended section will possibly cause non-compliance with parking and landscaping requirements. ALTERNATIVES CONSIDERED: 1. Approve the change of zoning conditions and amended ODP. 2. Do not approve the change of zoning conditions and amended ODP. FINANCIAL IlV[PACT: A one time review fee was collected for the processing of this application. Additional review fees will be required for the processing of the final development plan and plat and building permit. Sales tax revenues will be generated if the property is developed for retail/restaurant uses. Use tax will also be collected on any building materials. RECOMMENDED MOTION: Option "A" "I move to approve Council Bill 04-2008, Case No. WZ-08-01, A Request for Approval of a Change in Zoning Conditions on Property Zoned Planned Commercial Development and for Approval of an Amended Outline Development Plan for Property Located at 7495 W. 29th Avenue for the following reasons: 1. The property was rezoned to Planned Commercial Development pursuant to Case No. WZ- 05-10. 2. Retention of the existing structures on the property has proved to be prohibitory to development ofthe rest of the property. 3. No changes are proposed to the uses and development standards approved pursuant to Case No. WZ-05-10. 4. The criteria used to evaluate a change in zoning conditions support the request. 5. The proposed site design and architectural elevations are consistent with the Commercial/Industrial Design Standards in the Architectural and Site Design Manual. 6. With modifications recommended by Staff, all requirements of an Outline Development Plan have been met which will allow administrative approval of FDPs for the property. With the following conditions incorporated into the plan set prior to recording: 1. For consistency with the intent and requirement of the expedited OPD/FDP process, the Site plan (sheet 2) be expanded to illustrate existing adjacent development conditions. 2. A left hand turn lane be provided along the W. 29th Avenue frontage. The required right- of-way dedication will be assessed at the time of FDP and plat. 3. On all graphic sheets, modify the sidewalk along Wadsworth to be 10' in width and located behind the 20' r-o-w dedication. All site improvements be shifted to the east to accommodate the 29' reservation for future improvements to Wadsworth Blvd. The 29' reservation be noted on the ODP site plan graphic. 4. The architectural elevations and isometric perspectives be incorporated into the plan set and all sheets be renumbered accordingly. 5. The proposed materials and colors be added to the architectural elevations. 6. The existing restrictive covenant be modified to insure that the old house will be retained for five years." Or, Option "B" "I move to approve Council Bill 04-2008, Case No. WZ-08-01, A Request for Approval ofa Change in Zoning Conditions on Property Zoned Planned Commercial Development and for Approval of an Amended Outline Development Plan for Property Located at 7495 W. 29th Avenue for the following reasons: 1. The property was rezoned to Planned Commercial Development pursuant to Case No. WZ- 05-10. 2. Retention of the existing structures on the property has proved to be prohibitory to development of the rest of the property. 3. No changes are proposed to the uses and development standards approved pursuant to Case No. WZ-05-1O. 4. The criteria used to evaluate a change in zoning conditions support the request. 5. The proposed site design and architectural elevations are consistent with the Commercial/Industrial Design Standards in the Architectural and Site Design Manual. 6. With modifications recommended by Staff, all requirements of an Outline Development Plan have been met which will allow administrative approval ofFDPs for the property. With the following conditions incorporated into the plan set prior to recording: I. For consistency with the intent and requirement of the expedited OPD/FDP process, the Site plan (sheet 2) be expanded to illustrate existing adjacent development conditions. 2. A left hand turn lane be provided along the W. 29th Avenue frontage. The required right- of-way dedication will be assessed at the time ofFDP and plat. 3. On all graphic sheets, modify the sidewalk along Wadsworth to be 10' in width and located behind the 20' r-o-w dedication. 4. The architectural elevations and isometric perspectives be incorporated into the plan set and all sheets be renumbered accordingly. 5. The proposed materials and colors be added to the architectural elevations. Option "C" "I move to table indefinitely Council Bill 04-2008, Case No. WZ-08-0l, A Request for Approval of a Change in Zoning Conditions on Property Zoned Plarmed Commercial Development and for Approval of an Amended Outline Development Plan Property Located at 7495 W. 29th Avenue for the following reasons: 1. The proposal is not consistent with the recommendations in the Wadsworth Corridor Subarea Plan. ATTACHMENTS: 1. Planning Commission Staff report (with exhibits) 2. Applicant Letter 3. Wadsworth Corridor Subarea plan excerpt 4. Existing/proposed Wadsworth right-of-way 5. Wadsworth right-of-way ownership 6. Wadsworth future road section 7. Council Bill No. 04-2008 CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: M. Reckert DATE OF MEETING: Feb. 7, 2008 CASE NO. & NAME: WZ-08-01Pharo for M & E Financial (W adsworth Exchange) ACTION REQUESTED: Approval of a change of zoning conditions on property zoned Planned Commercial Development and approval of an amended Outline Development Plan LOCATION OF REQUEST: APPLICANT/OWNER: APPROXIMATE AREA: 7495 W. 29th Avenue Michael G. Pharo Associates for M & E Financial, LLC 4.6 acres PRESENT ZONING: PCD, Planned Commercial Development COMPREHENSIVE PLAN: Commercial- Wadsworth Corridor Sub Area Plan ENTER INTO RECORD: COMPREHENSIVE PLAN ZONING ORDINANCE CASE FILE & PACKET MA TERlALS DIGITAL PRESENT AnON Vicinity map Site Planning Commission WZ-08-0 I/Pharo for M & E Financial (Wadsw' 1 ATTACHMENT 1 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST This application is for approval of a change of zoning conditions approved pursuant to Case No. WZ- 05-10 and for approval of an amended Outline Development Plan for property located at 7495 W. 29th Avenue. Pursuant to Section 26-112.B.2., a zone change process is required when changing the conditions of an existing zone district where those conditions were specifically established by a previous zoning action. The purpose of the zone change is for the construction of retail/restaurant development. (Exhibit 1, applicant letter) II. EXISTING CONDITIONS The property in question is zoned Plarmed Commercial Development having been rezoned from Residential-Two in 2005. It is comprised of 4.6 acres ofland area and has street frontages on three sides; W. 29th Avenue on the south, Wadsworth Blvd. on the west and the interior curve of the intersection ofW. 30th Avenue and Webster at the northeast comer of the property. An unbuilt half width of right-of-way for W. 30th Avenue abuts the property on the north. (Exhibit 2, ALTA survey) At the time of original zone change approval, and as reflected on the survey, there were three primary structures on the property. On the north end of the site was a one and a half story frame farmhouse built circa 1892. Structures associated with the farmhouse included the original barn with brick foundation and a newer, contemporary double car garage. On the southern portion of the property is what once was a primary residence of the Olinger family built in 1914. It is of brick construction, contains a 3300 square foot footprint and has a red tiled roof. The interior of the structure was modified for office use. Other modifications to the original structure include a tented vinyl breezeway on the east side and a handicapped ramp on the west side. The third primary structure on the property is the chapel which was built in 1969-1970. It has similar architectural features to the house including the same brick pattern and red tiled roof. It has a basement, a porte cochere on the south side and is 3300 square feet in size. Other miscellaneous structures on the property included a brick well house and a pergola running along the Wadsworth frontage. A parking lot large enough to accommodate around 100 vehicles is located in the interior ofthe site. Modifications to the site that have occurred since ODP approval have included the following: Planning Commission WZ-08-01/Pharo for M & E Financial (Wadsworth Exchange) 2 . Trimming and removal of dead and diseased trees as recommended by a professional licensed arborist. . Removal of the pergola. . Disassembly and relocation of the old barn to a private residential property in the City of Lakewood. . Removal of the farmhouse and associated garage. All modifications to the property were reviewed and approved by the Wheat Ridge Community Development Department. III. PROPERTY mSTORY At the time of rezoning to PCD, the property had been used as commercial mortuary use; however it is unclear as to when and how the property was converted from residential to a commercial use. On August 5, 1969, the Jefferson County Board of Commissioners approved a zone change on the property from R-2 (Residential-Two) to RCl (Restricted Commercial-One) subsequent to the issuance of a building permit for the chapel. Seven days later, the Mayor and City Council of the newly incorporated City of Wheat Ridge came into office. Neighbors and adjacent property owners filed suit to overturn the zone change in district court. In April of 1970, the court found that the rezoning was an unconstitutional exercise of zoning powers by the Board of Commissioners and ordered the City of Wheat Ridge to take action to rezone the property back to R-2. At that time a church (chapel) was a permitted use in the R-2 zone district The use of the property as a mortuary office and chapel continued until the property was sold to the current owners in 2005 where upon the commercial use of the house and chapel ceased. On September 19, 2005, an application was submitted for approval of a zone change from R-2 to Plarmed Commercial Development. On November 5, 2005, the Wheat Ridge Historical Society filed an historic landmark designation application for the property. The historic designation nomination was reviewed by City Council at a public hearing held on January 9, 2006. The case was continued until January 23, 2006, and then February 27 so that discussions could occur between staff, the property owners and the historical society. At the February public hearing a motion was made regarding Case No. WHL-05-01 to decline to approve the historical designation for the following reasons: 1. The absence of sufficient factors under Section 26-906 of the Wheat Ridge Code of Laws; 2. The property owner does not consent to the designation; and 3. The applicant and property owner have reached an agreement with respect to the preservation of certain structures and elements on the site. It was further moved that City Council action not take effect until the approval of an Outline Development Plan which meets the following conditions: 1. The Olinger house be retained in its present location and exterior condition; normal maintenance and upkeep excepted. 2. The interior of the main house may be used for any purpose permitted by the then-current zoning. Planning Commission 3 WZ-08-01/Pharo for M & E Financial (Wadsworth Exchange) 3. The existing pergola shall be moved, if feasible, to a location or locations on the subject property or shall be reconstructed at one or more locations on the subject property. 4. An option to acquire the old house and barn on the site (for no monetary consideration) shall be granted to any responsible organization, conditioned upon such option being exercised and buildings moved off of the site prior to the initiation of any construction on the site by the owner. 5. a. No application for a demolition permit shall be accepted, nor any such permit issued by the City for the Olinger house (mansion) or the pergola until the pending ODP application for the subject property has either been approved or denied, pursuant to the customary review process for such applications. b. The architectural design of any new structures on the property will be consistent with the elements of the architectural style of the Olinger house, including such elements as, by way of example, roof lines and shapes, building materials and colors, window patterns, building size, building mass. 6. The property owner shall have consented to the foregoing conditions of an Outline Development Plan approval on the record before the City Council. Planning Commission reviewed the zone change request at a public hearing held on March 16,2006. A recommendation of Denial was given for the following reasons: 1. There is no reason to expand commercial land use area in Wheat Ridge. Wheat Ridge must develop the commercial areas we have and not devalue existing uses. 2. This request would create an isolated spot zone. 3. This request would not benefit the neighbors. 4. The neighborhood objection is enough to constitute a legal protest. 5. Adjacent landowners would not support this request. Subsequent to the Plarming Commission public hearing, a legal protest was submitted by adjacent property owners on the east. On April 25, 2006, the City Council approved the zone change request and Outline Development Plan (Exhibit 3, existing Outline Development Plan) for the following reasons: 1. The property is unsuitable for low density residential use due to intensification of traffic and uses along the Wadsworth corridor. 2. This land was used as a fairly intensive non-conforming commercial use (mortuary and funeral chapel) for over 40 years. 3. Zoning and development of the site would support the Neighborhood Revitalization Strategy concerning the redevelopment of the Wadsworth Corridor. 4. The design parameters shown are generally consistent with the C-l zone district. 5. The proposed document meets all requirements for a Plarmed Commercial Development Outline Development Plan. 6. The application meets the requirements of Section 26-112 D of the Code of Laws. 7. The February 27,2006, City Council conditions have been incorporated into the motion for approval. With the following conditions: Planning Commission WZ-08-01/Pharo for M & E Financial (Wadsworth Exchange) 4 1. The Olinger house be retained in its present location and exterior condition; normal maintenance and upkeep excepted. 2. The interior of the main house may be used for any purpose permitted by the then-current zoning. 3. The existing pergola shall be moved, if feasible, to a location or locations on the subject property or shall be reconstructed at one or more locations on the subject property. 4. An option to acquire the old house and barn on the site (for no monetary consideration) shall be granted to any responsible organization, conditioned upon such option being exercised and buildings moved off of the site prior to the initiation of any construction on the site by the owner. 5. The architectural style of the Olinger House, including such elements as, by way of example, roof lines and shapes, building materials and colors, window patterns, building size, building mass. 6. The property owner shall have consented to the foregoing conditions of an outline Development Plan approval on the record before City Council. 7. A tree assessment performed by a licensed arborist be submitted at the time of Final Development plan and Plat. 8. Remove Use #59 "taverns or bars with food service, "and change Use #24 to read "eating establishment, sit-down, with or without liquor service requiring a hotel/restaurant liquor license." 9. Revise Use #40 to read "liquor stores, high quality wine and spirits, no beer sales permitted, no drive through". The current application was submitted on January 7,2008. On January 22, 2008, the Wheat Ridge Historical Society submitted an historical landmark designation for the former residence on the southwest comer ofthe site. This will be reviewed by City Council at a public hearing held on March 24, 2008. IV. OUTLINE DEVELOPMENT PLAN The Outline Development Plan (ODP), which accompanies a rezoning ordinance, sets the allowable uses and development standards for the property. In the past, the Outline Development Plan has been general in nature and served as the blueprint for development ofthe property by showing approximate areas of landscaping, building footprints and parking. The Outline Development Plan is used to establish design parameters including maximum building height, minimum landscaped coverage and minimum perimeter setbacks. Planning Commission WZ-08-0I/Pharo for M & E Financial (Wadsworth Exchange) 5 In the summer of 2007, the plarmed development regulations were modified to expedite the Outline Development Plan (ODP) and Final Development Plan (FDP) review processes. An applicant has a choice of providing more written and graphic information detailing the development proposal at the ODP stage, allowing the FDP to be approved administratively. This case is being processed in accordance with more detailed ODP requirements. As such, the plan set for the ODP contains the following five sheets: declaration page/development standards, site plan, building elevations, isometric perspective ofthe property and isometric perspective in relationship to the area. (Exhibit 4, Outline Development Plan) Allowable uses: The proposed amended ODP does not vary in regard to the uses approved from the original zone change. Those permitted uses were taken from the Commercial-One zone district regulations and many of the normally permitted uses in C-l were eliminated based on traffic generation and potential negative impact on the neighborhood. Those eliminated uses included the following: auto sales, auto service and repair, fast food restaurants, gas stations, cabinet shops, carpet clearing, day care, electrical supplies and service, equipment rental agencies, exterminators, home improvement supply stores, locksmith shops, indoor amusement enterprises, indoor flea markets, motorcycle sales and service, schools, plumbing and heating supply stores, schools, and upholstery shops. Drive-through facilities were eliminated from the liquor store category. Uses which were allowed to have "soft" drive-through facilities include banks, coffee shops, laundry and dry cleaning shops and pharmacies. No additional land use process would be required for these uses. Site Plan/Structure configuration The existing Outline Development Plan was configured to show three different use areas as described under "Development of the Property" on Sheet 1. Use Areas 1 and 2 included the house and chapel on the south side in their existing configurations (see description on Sheet 1). Verbiage regarding Use Area 1 (Olinger Residence) discusses retention of the house including the recording of a restricted covenant to ensure retention and maintenance of the structure in perpetuity if the structure/pad area were to be sold. Permitted adaptive use of the residence includes all of the uses identified under "Allowed Uses". Use Area 2 allows retention or demolition of the chapel at the will of the property owner based on the market. Permitted adaptive use of the chapel includes all those uses identified under "Allowed Uses". Use Area 3 (the grounds) is indicated as the area for new construction located north of the existing structures remaining. The configuration of the new area may be a single structure or several smaller structures consistent with the three pads shown on Sheet 2, to be determined at the time of Final Development Plan and plat. Maximum building coverage for all structures is shown as 30,000 square feet with overall maximum coverage by buildings and hard surfaces of 80%. Discussion of the relocation/reconstruction of the pergola in different areas on the property is included in Use Area 3. The farmhouse and barn on the north end were not incorporated into the existing Outline Development Plan. "Character of the Development" discusses integration of design features from the Olinger residence into new structures, the existing vegetation on the property and pedestrian access. Planning Commission WZ-08-01/Pharo for M & E Financial (Wadsworth Exchange) 6 The proposed Outline Development Plan has been modified to eliminate the three use areas from the first sheet and the graphic on the second sheet of the existing ODP. The graphic on the second sheet of the proposed ODP has gone beyond the existing "bubble" diagram to a site development plan. The site plan shows four structures including a restaurant pad at the north end, two retail pads in the center of the site and a bank pad on the south end. The bank pad is located in the area currently taken up by the residence and chapel. Total maximum building footprint is shown as 30, 000 square feet. Both the bank and retail pad A are shown as a having drive-throughs. To be consistent with the intent and requirement of the expedited OPDIFDP process, the site plan (sheet 2) must be expanded to illustrate existing adjacent development. Landscaping: The original ODP set the minimum amount oflandscaping at 20%. The specific landscaped coverage depicted on the site plan is 39%. A solid wall or fence at least 6' in height in combination with landscaping will be required to be constructed along the east and north property lines, A detention pond runs along the eastern boundary ofthe project. An area has been reserved behind the new property line on Wadsworth for streetscape elements indicated as a hatched pattern on Sheet 2. The note on the left hand side of the drawing, "Streetscape area. ..." should denote the hatched area. This area will have to be increased in size to allow a 10' wide detached walk within it. Final landscape design will be determined and reviewed at the Final Development Plan stage. Access: There have been no changes from the existing ODP document. Existin~ access to the site is by two primary curb cuts; one each on W. 29th Avenue and Wadsworth. The 291 Avenue entrance is currently pushed to the east against the common property line with the row of homes on the west side of Webster. It is offset from the City Hall entrance by about 35'. The other primary access from Wadsworth is located north of the house. A second access point farther north on Wadsworth appears to have J'rovided access to the farmhouse. This driveway provides access through to the Webster/W. 30 Avenue intersection. Proposed access points are depicted on 29th Avenue al~ning opposite the access into the municipal building property and 460' north ofthe Wadsworth/29 Avenue intersection. The 29th Avenue access will be full movement and should align with the centerline ofthe city hall access. The access to Wadsworth will be restricted to right-in/right-out. A pedestrian connection will occur at the northeast comer of the property at the Webster/W. 30th Avenue intersection. No vehicular access will be permitted from this comer. Proposed access is consistent with what is shown on the existing ODP. Public Works has determined that a total of 49' ofright-of-way/easement area will be required for future roadway improvements. A 20' right-of-way dedication will be required to accommodate public improvements with this development (lane widening, new through-lane, and curb and gutter). The 10' wide separated sidewalk must be relocated behind the right-of-way dedication out of the cross-hatched easement area which will require the parking lot improvements to be shifted to the east. As Wadsworth is a state highway facility, the final design and location of all access points will be subject to CDOT approval. Public Works has also commented that a left hand turn lane be provided along the 29th Avenue frontage to accommodate vehicles going eastbound to turn into the property. An undetermined Planning Commission WZ-08-0I/Pharo for M & E Financial (Wadsworth Exchange) 7 amount of right-of-way will be required at the time ofFDP and plat to accommodate that turn lane on 29th Avenue. An RTD transit stop is depicted north of the Wadsworth /W. 29th Avenue intersection. Parking and Circulation: Parking is located on both sides of the proposed structures with interconnected circulation around the building pads. Drive-throughs are provided along the eastern sides of the proposed bank building and Retail pad' A' . Proposed parking exceeds the amount required by Section 26-501 of zoning and development code. Handicapped accessible spaces will be interspersed through out the project, the locations of which will be determined at the time ofFDP and building permit approval. Building Height/Minimum Setbacks: Consistent with the original ODP for the property, maximum building height remains at 35' which is more restrictive than the 50' allowed building height in the RC and C-l zone districts. Setbacks proposed remain the same and are generally consistent with the City's commercial zone districts. Development Standards: The development standards depicted in the table are shown as minimum standards on the ODP. The table provides a comparison with what's required by the ODP and what is being shown on the site development plan. I Item I Max. Building and Hard Surfaced Coveraj!;e: Minimum setbacks From rights-of-way: (Wadsworth) (29th Avenue) From northern property line: From eastern property line: From rights-of-way: (Wadsworth) (29th Avenue) From northern property line: From eastern property line: Minimum landscaped coveraj!;e: I I Minimum parking required: I Maximum building height: I Signage Requirement 80% Provided 61 % of the entire site (restaurant) 30' 30' 20' 20' 80' from new property line 490' 25' 120' 30' 30' 20' 20' 20% (entire site) 60' from new property line 60' 25' 120' 39% total site Refers to Section 26-501 ofthe Wheat Ridge Code of Laws 35' I I Exceeds parking requirement for I all four structures 35' to mid-roof (excluding non- I occupied architectural feature) Complies I Refer to Article VII of the Wheat Ridge Code of Laws Planning Commission WZ-08-01/Pharo for M & E Financial (Wadsworth Exchange) 8 I Fencing Exterior Lighting: Refers to Section 26-603 Complies Refers to Section 26-503 of the Wheat Ridge Code of Laws Will be evaluated at the time of FDP approval Architectnral Detail: Refers Architectural and Site Design Manual Complies Architectural Elevations: Architectural elevations (Sheet three) have been provided for the restaurant on the northern-most pad site. The structure will be two-stories in height with an architectural feature on the south side. An outdoor dining area with fireplace is proposed on the eastern side of the structure. Proposed materials include stucco with wood accents and tiled roofing material. Four-sided architecture is provided with varying rooflines and fayade changes. The proposed materials and colors need to be specified on the architectural elevations. All additional buildings proposed in the development will be required to emulate the design features of the restaurant. This third sheet needs to be incorporated into the plan set. Staff concludes that the proposed elevations are consistent with the Commercial/Industrial Design Standards of the Architectural and Site Design Manual. Isometric Perspective: The final sheet of the plan set is the required architectural design portrayed as an isometric perspective. The intent of this requirement it to demonstrate graphically the nature ofthe proposed development and demonstrate that the proposal is not inconsistent with adjacent land uses. This graphic must be modified to show the sidewalk along Wadsworth behind the dedication area. V. ZONE CHANGE CRITERIA Staff has the following comments regarding the zone change criteria. The Plarming Commission shall base its recommendation in consideration of the extent to which the applicant demonstrates the following criteria have been met: 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error; The official zoning map is not in error. The parcel is currently zoned Plarmed Commercial Development. 2. A change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, Planning Commission WZ-08-0 [/Pharo for M & E Financial (Wadsworth Exchange) 9 Commercial development along the Wadsworth Blvd. corridor continues to intensify. Wadsworth is one of the heaviest traveled corridors in the metropolitan area. On the city's street classification plan, it is designated as a major regional arterial and carries over 40,000 vehicles per day. Based on increased traffic and intensification of commercial land uses, Staff concluded at the time of original rezoning to PCD that there were changed conditions which made this property undesirable for low density residential use. The Planning Commission shall also fmd that the evidence supports the finding of at least four of the following: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area; The Wadsworth Corridor Subarea plan was adopted by the Wheat Ridge City Council in 2007. This document is considered an addendum to the Comprehensive Plan for this portion of the city. The document is intended to be used as both a short-term and long-term planning document by providing guidance for the future development and redevelopment of properties along Wadsworth. The property is shown as Commercial on the Recommended Land Uses Map in the subarea plan. Other goals and policies of the Comprehensive Plan which apply to this situation are: . Good urban design through the use of pedestrian connections, reduction of the number of access points on arterials and providing places for people to gather. . Supports a transportation network by providing adequate on-site circulation for vehicles and pedestrians and limiting traffic impact on adj acent neighborhoods. . Supports economic development efforts to preserve and enhance the City's tax base. . Provides a development which supports and complements adjacent residential development. . Provides a development which minimizes negative impacts to residential neighborhoods through effective buffers and landscaping Staff concludes that the proposed change of zoning conditions and ODP amendment have met this criterion. b. The proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived; The subject property is surrounded to the north and east by low density residential land uses, primarily single family dwellings with some duplexes mixed in. Corresponding zoning is R-2 and R-IA. To the south are Hayward Park and the Wheat Ridge municipal building zoned Residential-Two. Property to the west is located in unincorporated Jefferson County and is utilized as a mortuary and cemetery. The proposed commercial zoning is compatible with adjacent residential use due to good urban design and the use of upgraded buffering to minimize impacts. There should be no additional impacts with the removal of the old house and chapel and replacement with new structures. Staff concludes that the proposed change of conditions and ODP amendments have met this criterion. c. There will be social, recreational, physical and/or economic benefits to the community derived by the change ofzone; Planning Commission 10 WZ-08-0IfPharo for M & E Financial (Wadsworth Exchange) There will be economic benefits as a result of the zone change. The applicant has been trying unsuccessfully to lease the house structure for a commercial use for two years. The interior of the structure does not meet today's building and fire codes, nor is it handicapped accessible. Prior to occupancy, the interior would require substantial modifications. Redevelopment of the property would support the Neighborhood Revitalization Strategy concerning the redevelopment of the Wadsworth Corridor and the intent of the Wadsworth Corridor Sub area plan. Staff concludes that the proposed change of conditions and ODP amendments have met this criterion. d. Adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity; All agencies can serve the property with upgrades to infrastructure, the cost of which will be borne by the applicant. Staff concludes that this criterion has been met. e. The change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties; The property was used for over 40 years as a mortuary/funeral chapel. This specific use was at times a heavy traffic generator. West 29th Avenue is a collector street and has a signalized intersection with Wadsworth Blvd. Wadsworth is designated as a major regional arterial. It has been concluded that the existing street network has adequate capacity to handle the anticipated volume generated by the commercial development with improvements being required by Public Works. The change of conditions will allow the existing structures on the south side of the property to be demolished and replaced with contemporary construction which meets building, fire and accessibility codes. The maximum building height, minimum perimeter setbacks, minimum landscaped coverage and maximum building coverage have not changed from the original zone change and ODP approval. Staff concludes that this criterion has been met. 3. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. Staff has concluded that the proposed site design and architectural elevations are consistent with applicable standards in the Architectural and Site Design Manual as conditioned in Staff's recommended motion. Attached as Exhibit ??? is the applicants' narrative regarding compliance with the Architectural and Site Design Manual (Exhibit 5, Applicant response) Staff concludes that this criterion has been met. Plall11ing Commission WZ-08-01/Pharo for M & E Financial (Wadsworth Exchange) 11 VI. NEIGHBORHOOD MEETING The required pre-application meeting for neighborhood input was held on January 3, 2008 with 23 persons in attendance. (Exhibit 6, Neighborhood Meeting Recap and Exhibit 7, Attendance List) VII. AGENCY REFERRALS All affected service agencies were contacted regarding the ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. Colorado Department of Transportation: CDOT has granted conceptual approval ofthe proposed right-inlright-out access onto Wadsworth provided that a deceleration lane be constructed. Consolidated Mutnal Water: Can serve the property with needed improvements at the developers expense. Xcel Energy: Can serve. Regional Transportation District: Has an existing transit stop on Wadsworth just north of 29th Avenue intersection which must be accommodated on the Final Development Plan. Wheat Ridge Sanitation District: Can serve the property by an 8" sewer main in W. 29th Avenue. Limited service may also be available from the north. Line upgrades and new taps will be the responsibility ofthe developer. Wheat Ridge Fire: Can serve. Wheat Ridge Public Works: The Public Works Department has reviewed preliminary drainage and traffic information. They have determined that 48' of right- of-way/easement area will be required for future roadway improvements on Wadsworth. A 20' dedication is required to at the time ofFDP and plat to accommodate a new continuous travel lane and curb and gutter. The sidewalk on Wadsworth must be 10' wide and located behind the dedication in the easement area. This may require shifting site improvements to the east. A continuous left hand turn lane must be provided along W. 29th Avenue which may require a dedication of right-of-way to be determined at the time ofFDP and plat. The entrance to 29th should line up with the centerline of the entrance to City Hall. Wheat Ridge Economic Development: In support of the NRS, this application meets the goal of redevelopment ofthe Wadsworth corridor. Retention ofthe existing structure may be a negative factor in marketing and developing the remainder of the site. Removal of the house may be necessary for the viability of not just the property but this section of the Wadsworth corridor. (Exhibit 8, Economic Development Comments) Wheat Ridge Long Range Planning: The proposal is consistent with the Wadsworth Corridor Subarea Plan. (Exhibit 9, Long Range Planning Comments) Planning Commission WZ-08-0I/Pharo for M & E Financial (Wadsworth Exchange) 12 VIII. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the proposed modification to the original zoning conditions must be processed as a zone change and that criteria used to evaluate a change of zoning conditions supports approval of the modified ODP. The proposal is consistent with the Wadsworth Corridor Subarea Plan, the goals of the Neighborhood Revitalization Strategy and the Commercial/Industrial Design Standards in the Architectural and Site Design Manual. For these reasons, a recommendation of approval is given for Case No. WZ-08-01 with conditions listed below. IX. SUGGESTED MOTIONS: Option A: "I move to recommend APPROVAL of Case No. WZ-08-01, a request for approval of a change in zoning conditions approved pursuant to Case No. WZ-05-10 and for an amended Outline Development Plan for property located at 7495 W. 29th Avenue for the following reasons: 1. The property was rezoned to Plarmed Commercial Development pursuant to Case No. WZ-05-10. 2. Retention of the existing structures on the property has proved to be prohibitory to development of the rest of the property. 3. No changes are proposed to the uses and development standards approved pursuant to Case No. WZ-05-10. 4. The criteria used to evaluate a change in zoning conditions support the request. 5. The proposed site design and architectural elevations are consistent with the Commercial/Industrial Design Standards in the Architectural and site Design Manual. 6. With modifications recommended by Staff, all requirements of an Outline Development Plan have been met which will allow administrative approval ofFDPs for the property. With the following conditions incorporated into the plan set prior to City Council public hearing: 1. For consistency with the intent and requirement of the expedited ODPIFDP process, the site plan (sheet 2) be expanded to illustrate existing adjacent development conditions. 2. On Sheet 2, modi:fy the 29th Avenue access to align with the centerline ofthe city hall access. 3. A left hand turn lane be provided along the W. 29th Avenue frontage. The required right-of-way dedication will be assessed at the time ofFDP and plat. 4. On all graphic sheets, modify the sidewalk along Wadsworth to be 10' in width and located behind the 20' r-o-w dedication. The proposed parking should be shifted east to accommodate this. 5. The architectural elevations and isometric perspectives be incorporated into the plan set and all sheets be renumbered accordingly. 6. The proposed materials and colors be added to the architectural elevations. 7. The existing restrictive covenant requiring retention of the old house be released as an encumbrance on the property." Planning Commission WZ-08-0I/Pharo for M & E Financial (Wadsworth Exchange) 13 Option B: "I move to recommend DENIAL of Case No. WZ-08-01, a request for approval ofa change in zoning conditions approved pursuant to Case No. WZ-05-10 and for an amended Outline Development Plan for property located at 7495 W. 29th Avenue for the following reasons: 1. 2. 3." Planning Commission WZ-08-01/Pharo for M & E Financial (Wadsworth Exchange) 14 Michael G. Pharo Associates, lnc. January 23,2008 Ms. Meredith Reckert Senior Planner 7500 W. 29th Avenue Wheat Ridge, Colorado 80215 Re: 7495 W. 29th Avenue Wadsworth Exchange Dear Ms. Reckert: The purpose of this letter is to provide a response to portions of Section 26-112 Private Rezoning of the Wheat Ridge Code. Specifically, we are responding to paragraph D. Criteria for Review. This response will be a bit different from the norm in that our current submittal is not requesting a change of zone, but rather a change of condition to the existing zone. The property remains zoned Planned Commercial District per our previous approval. Weare requesting that we be allowed to remove an existing structure to better implement the allowable uses. This response will address the implications related to the removal of the existing structure. D. Criteria for review. The city council shall base its decision in consideration of the extent to which the applicant demonstrates the following criteria have been met: 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error; or The official zoning map is not in error. The parcel remains zoned Plarmed Commercial District. 2. A change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, and that the evidence supports the finding of at least four of the following: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals. objectives and policies, and other related policies or plans for the area; We believe that the current zoning ofthe property reflects the goals ofthe City as stated in the comprehensive plan. This approval of the current zone by City Council would seem to confirm this position. Implementation of the existing zone will be assisted by the removal of the existing structure to allow development of the property per contemporary commercial requirements. b. The proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived; 2835 West Oxford Ave., #6, Englewood, Colorado 80110 . phone: 303/783-3772 . fux: 303/783-3773 EXHIBIT 1 2 Compatibility with the surrounding area remains constant per the previous zoning approval. On-site compatibility will be retained since all development can be done utilizing similar architectural and landscape treatment. c. There will be social, recreational, physical and/or economic benefits to the community derived by the change of zone; We believe that the anticipated economic benefits as outlined in our previous submittal can be realized by the removal of the existing structure. Elimination of the existing structure removes the physical and economic impediments posed by the former use and dated nature of the facility. The comer location will be available for new construction that is a positive in the retail marketplace. The entire project will benefit from the synergistic conditions provided by integrated development practices. All of these considerations speak to a successful project, and thus, economic benefits to the City. d. Adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity; Adequate infrastructure remains available to serve the allowable uses. Phased implementation of the project will occur utilizing on-site improvements which transition into perimeter traffic and utility facilities per approved plans. e. The change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties; and These issues were properly addressed when the property was zoned for commercial uses. Replacing the existing structure with new construction does not alter any of the issues, 3. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. Please refer to our response to this issue provided by SEM Architects under separate cover. Please let me know if I can clarify any part of this response at this time. MGPlkp c: Andy Miller S-~1v' .....J _ Ai<C!-ijTECT::- Wadsworth Exchange ODP Revision for 3 Sons Restaurant CommerciaV Industrial Design Standards Compliance Principle: Create a pedestrian travel system similar to a roadway network into, across, and through the site. A connected, continuous pedestrian sidewalk system will make pedestrian activity more convenient and prevalent. Wadsworth Exchange incorporates a pedestrian circulation network that services pedestrian traffic at the perimeter and interior of the site. The Wadsworth Boulevard frontage is serviced by a meandering sidewalk in the planned public right-of-way. This walk connects to the major circulation nodes created by the planned retail frontage along Wadsworth and offers multiple cross connections into the interior of the site. The 30th Avenue/ Webster Street alignment intersects the site's Northeast corner, and that pedestrian sidewalk connects to Wadsworth Exchange's pedestrian network through a landscaped buffer area that meanders to the west through the site, and connects to the Wadsworth frontage sidewalk. Pedestrian activity is encouraged between buildings in enclaves that connect the perimeter to the interior of the site. This creates a pedestrian network that allows patrons to experience the site and its amenities from neighboring activity centers without the requirement for automobile traffic. Principle: Building Design shall contain significant interest, level of detail, and human scale. Where these elements are present on adjacent buildings and/or properties, building architecture and design shall be consistent with surrounding buildings. The City of Wheat Ridge campus across West 29th Avenue offers a commercial aesthetic along the Wadsworth Boulevard frontage. The architecture proposed blends the commercial aspects of the frontage with the scale that is present in the surrounding neighborhood. The buildings are proposed to be human scaled and intimate, organized to offer pockets of activity along the pedestrian and vehicular travel paths that intersect the site. Durable materials such as stone, masonry, synthetic stucco, and textured roof materials are proposed for the project and iconic forms from the surrounding context are encouraged. Retail facades are proposed to embellish their transparent nature and general fenestration and massing will be designed to reflect the functional characteristics of the Tenants they embody. The project allows frontage parking along Wadsworth Boulevard balanced by additional parking on the interior of the site. This maximizes the convenience offered to retail patrons and allows the neighborhood interface to be buffered generously with landscape features and materials. 677 S Colorado Blvd Suite 200 I Denver CO 80246 303 220 8900 I 303 220 0708 Fax wwwSEMARCHlTECTS.COM EXHIBIT 5 S~M .,!-:CHiTl:~~T5 Wadsworth Exchange ODP Revision for 3 Sons Restaurant Page 2 Principle: Development or redevelopment shall minimize the impact to surrounding properties. The edges of the development proposed are compatible in scale and character to the surrounding neighborhood. The shared boundaries to the east and north are generously buffered with landscape materials, and the character the buffers create enhances areas that are currently not maintained. Service areas are proposed to be visually screened with landscape materials and permanent enclosures compatible with the building facades. Lighting will be designed to incorporate the technology required in City codes, implementing cutoff technology in all ambient fixtures installed on the site. Principle: Incorporate well designed landscaping which establishes a buffer between incompatible uses and clearly defines a street edge. The Wadsworth Boulevard and West 29th Avenue street edges will be landscaped in a manner that is compatible with both vehicular and pedestrian traffic, enhancing the meandering nature of the proposed sidewalk. The North and West buffers to the adjacent neighborhood are proposed to incorporate landscape and permanent fence materials where appropriate to enhance the interface between residential and commercial uses. Principle: Site Design shall foster both pedestrian and automobile traffic and safety, and shall include unique amenities and a level of interest to patrons and passers-by. The proposed structures are intended to be placed to allow for areas of congregation and activity centers accessible to the pedestrian and vehicular circulation networks. Automobile traffic can circulate through the interior of the site without impacting adjacent roadways, and the main automobile circulation path connects West 29th Avenue with Wadsworth Boulevard within the project site. Principle: Parking areas shall be de-emphasized and made less prominent. This site utilizes an existing access point on Wadsworth Boulevard, relocated to enhance vehicular access to the interior components of the site. The site circulation and resulting parking maintains an appropriate level of commercial convenience along Wadsworth Boulevard and isolates the main vehicular path of travel to the interior of the site. Parking is placed coincident to the main circulation routes, and all parking is shared between the uses proposed for the site. Parking bays are separated by landscaped areas, and open space opportunities are maximized by the nature of this concept. S-:M j,RCHn ECTS Wadsworth Exchange ODP Revision for 3 Sons Restaurant Page 3 Principle: Signage shall be well designed and located strategically so as to lessen the impact of advertising. Signage is proposed to be integral to the character of the architecture of the development, while implementing innovative designs. The multi-tenant character of this project indicates that consolidated monument signage is appropriate, and key tenant signage is proposed to be integral to the architectural features of the facades. Iconic architectural elements such as towers and corner features are encouraged to supplement signage where functionally appropriate. L:\PROJECTSIW\Wadsworth ExchangelODP\Design Standards compliance 1-18-08.doc 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/ 235-2846 Fax: 303/235-2857 The City of "Wheat Ridge NEIGHBORHOOD MEETING NOTES Date: January 3,2008 City Staff Present: Meredith Reckert, Senior Planner Location of meeting: Second Floor Police Training Room Wheat Ridge Municipal building 7500 W. 29'h Avenue Property address: 7495 W. 29'h Avenue Property owners: M & E Financial Property Owner(s) present? No Applicant representatives: Michael Pharo Michael G. Pharo Associates, Inc. 2835 W. Oxford Avenue, #6 Englewood, CO 80110 Existing Zoning: PCD, Plarmed Commercial Development Comprehensive Plan Designation: COlmnercial (Wadsworth Corridor Sub-Area Plan) Existing Use/site conditions: The property contains 4.45 acres and is a comer lot with street frontages on W. 29th Avenue and Wadsworth Blvd. The property was rezoned from R-2 to PCD in 2005 pursuant to Case No. WZ-05-10 with an Outline Development Plan approved. The prior use of the property was nonconfonning in that it had a mortuary and chapel on the southern portion. A farmhouse, barn and garage on the north side of the property were removed or demolished subsequent to the zone change approval. Access to the property is provided by a curb cut on 29th Avenue and two curb cuts on Wadsworth. There is an existing access (driveway) from Wadsworth previously used by the farmhouse. An additional unpaved access exists from the intersection of Webster Street and W. 30th A venue at the northeast comer of the property. Applicant's Proposal: The applicant is proposing to modify the existing ODP document to remove the condition requiring the structure (mansion) on the southwest comer of the property to be retained. The modified ODP document includes a 6300 s.f. restaurant pad on the north side of the property. The following issues were discussed regarding the zone change request and proposed development: EXHIBIT 6 · Will there be pedestrian access from Webster? Yes, there will be a pedestrian connection but not a plaza as discussed during the original zoning case. · Have any other building users been determined? No, although the owners are anticipating a bank to occupy the corner of 29th and Wadsworth. · How will the restaurant be oriented? The restaurant will be oriented to the south with an outside patio. Deliveries and trash truck service will occur on the east side. Hours of operation have not yet been determined. · Why can't the mansion be used residentially? It would probably not be cost effective to restore the existing office use back to residential. All of the interesting interior features such as woodwork have been removed. · Would the old legal protest submitted with the 2005 case still be applicable? No, this is a new land use case so a new legal protest would have to be submitted. This usually occurs after the Planning Commission public hearing but prior to City Council. · There is an existing 25' wide piece of right of way for 30th Avenue between Webster and Wadsworth. Will this be built? No and no access to itfrom this developmentis proposed. Utilities may be accessed from this right-of-way. . Would the City consider vacating this unused right-of-way? Perhaps. An application would have to be jiled requesting vacation. There are costs involved for the applicants in preparation of the legal description,jilingfees, etc. · Will the "elbow" intersection of30th and Webster be improved? The "elbow" intersection will be improved on the property 's frontage with curb, gutter and sidewalk · What improvements are proposed for W. 29th Avenue? Installation of curb, gutter and sidewalk on the north side. · What improvements will occur on Wadsworth Blvd? The developer will dedicate 20' of right- of-way for future widening. An additional travel lane will be required to be built for the length of the property. . . Are the neighbors able to contact their City Council representatives to express their opinions regarding the proposal? Once an application has beenjiled, all outside contact with elected officials must stop. Comments can be submitted in writing to the Community Development Department which will be forwarded to reviewing bodies with the public hearing information packets. Public testimony can be provided at both the Planning Commission and City Council public hearings. · What is the total square footage approved as part of the original zone change? 30,000 square feet. · What if the proposal is not approved? The owners would sell the entire property to a church (not the church currently leasing the chapel structure). · Have any of the permitted land uses changed? No, no additional land uses have been added since the previous proposal. · What kind of buffering is proposed for the east and north? Landscaping with a 6' high wooden fence. 2 '1. 2. 3. 4. 5. 6. r- ~ e ~ ~ January 3, 2008 NeighbOrhOod Meeting 6:00 pM Change oi zoning conditions 10' p,opertY at 7495 W. 29'" j\.venue Cy~:: ~ R,) (~i: w'~o PLEASE PRINT ~dr~~ "t-'l'5 W605Tl;;-t:... ,iT "3 5~ wi dPI€R f7 3'o(.:;-W ;;;'--'--- I ~ ~ -" -" -" -" (0 CP --l -" ~ --l (J) (J1 ~ u:> ~ ~ 0 . ----.. ~ \ .,-- (' \ " .:--" '" - .- , \.. S:-- ,..--' (', ( .- . -- r:o f ~ ~\ Jo \ (II l" (jl (1\ ~ .., --1' ~ "? 1., ~ ~ / . Cl P /" --; &' -< c:. ~ -h (t) \ ' . ""'\ --- ~ rJ ~ v ~ ~ d0 ...;;::-0 = '8 ()'. s 0 0 ~ L. C ~ ,; C> E [ v ~ ~ ('1 '\:, J.) \I> I;> \ \) f:0 <?'l ~ ~ <./) c, 1+ -S> ~ "1 <i', (l;, U~ ~ I'i' ~. "\ .., '" d-. '!\ 't- V :P VI tl :t- J'I ~ . -l- \ A." '} ~ ~ N January 3, 2008 Ne\ghbOrhOod Meet\Og 6:00 pM Change of z.on\ng conditions for property at 7495 '11.29'" Menue PLE.ASE. PRINl ~. Name .... ---- \ ,',e Address -- - \3t~ ,^I It c:f\ rf. 2. r 1 UfO '1 ).&..;- fu. ;dJ'1.! VI u.e 3. It - \':>- ts ~ ~6~ \)~ --- -- --- -- k - - <6110 \}.} ~ J.- 4. '-{\. J\..I II \) w~:s~ M:l fC.. 6. l..r 5. 1 ~,~ t ~~'" ~ ~ ~ '~ ~~ ~' '" ~ ~ ~~ ~ .~ 0\ \), "'\l ~ N\ " ~ &~~V1 ~ . ~ .~ K - ~ ~- ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ --.J Q) (Jl ~ 0J N -" 0 . . . ~~ ~ ~ ~~ '~ S co --.J o N ~~I." ~~y' ,Cityof A~Wheat&'-dge ~CONOMIC DEVELOPMENT Memorandum TO: Meredith Reckert 1 FROM: Ryan Stachelski, Economic Development Specialist 91: DATE: January 18,2008 SUBJECT: Economic Development Referral Response for Case No: WZ-08-0I/Pharo for M & E Financial In terms of Economic Development for the City of Wheat Ridge this case has two main components. These are the proposed construction of a new restaurant and the removal or demolition of the existing structure on the property. The first component, the proposed new restaurant, would be a positive addition to the business community in Wheat Ridge. In addition to the revenue producing aspect that this business would bring to the City, it also brings new development along a key commercial corridor within the City. The Wadsworth Corridor has been identified in the Neighborhood Revitalization Strategy (NRS). and subsequently the Wadsworth Sub Area Plan as a vital corridor in which this new development would be consistel'lt with those plans overall vision. The second component, the removal or demolition of the current structure, would also be consistent with the Wadsworth Sub Area plan giving the following condition. If the applicant can show, even just anecdotally, that a major prohibitory factor in marketing and selling the property, with the current structure, was excessive cost burden to the buyer, in term of making the structure compliant with current commercial code that would make the structure usable for commercial purposes. If, over the course of the marketing period for this property, these factors played a role, then the removal or demolition of the building may be necessary for the viability of not just the property, but also this section of the Wadsworth Corridor. The justification for this statement is that if current market conditions are not allowing an economically viable solution to the redevelopment of this structure, then it will only become increasingly difficult in the future due to deferred maintenance. As a result this could negatively impact the corridor as we would have an underutilized building at a key focal point in the City. EXHIBIT 8 ,/ < ~.. _ r City of ~Wheat~dge ~CONOMIC DEVELOPMENT In order to help service this development the City has two major incentive plans that may be used. These are the Enhanced Sales Tax Incentive Program (ESTIP) and the Wheat Ridge Business District's (WRBD) Sign Grant Program. The ESTlP provides for a share-back of retail sales tax generated, to local retailers or developers, as reimbursement for capital projects that meet the criteria established as "public or public related improvements. This program needs the approval of City Council. The WRBD grant program is approved by a board of local civic leaders. The applicant may contact the City's Economic Development Department for any further information about these projects. Please feel free to contact me with any addition questions or clarifications on this case. > " ,,' , w City of -~Wheat~dge ~OMMUNITY DEVELOPMENT Memorandum TO: Meredith Reckert, Senior Planner FROM: Sally Payne, Senior Planner DATE: January 30,2008 SUBJECT: Comments on WZ-08"Q}/Wadsworth Excltartge as it);elates to the Wadsworth Corridor Subarea Plan . " These comments concern the proposed Wad~'Worth Exchange project and its compliance with the Wadsworth Corridor Subarea Plan. The Wadsworth Corridor911barea.~~!,\\!}iW<\$i\\49pted~.J:1.R~~' Council in August of 2007 as amendment to !Jle City'~~ompieh~!)~i\Yi~'~Il)h to superced.~j~1'tifii .', ,. Comprehensive Plan for the WadsworthR.I'iitii\\;!oL, "i,~,..:i;,~:t ... ' , "." The Wadsworth Plan includes a Recommended Land Use map for future land uses along Wadsworth Blvd. The Wadsworth Exchange project fronts on Wadsworth Blvd. on the northeast comer of Wadsworth Blvd. and 29th Ave. The Recommended Land Use map indicates commercial development for this site making the proposed project consistent with the Wadsworth Plan. With the widening of Wadsworth Blvd. from 1-70 to 36th Ave. on CDOT's long range plans, the Wadsworth Corridor Subarea Plan provides recommendations for potential roadway designs to provide input to CDOT as they consider widening options for the roadway. While the widening of Wadsworth Blvd. south of36'h Ave. is not currently on CDOT's long range plans, current congestion and increased future traffic volumes will justify the widening in this section of the roadway. The proposed roadway improvements of additional traffic lane and dedication of20' of right-of-way for widening should meet the right-of-way needs for any future widening by CDOT. The Wadsworth Plan also encourages new development to create a more pedestrian friendly enviromnent along Wadsworth Blvd. The proposed plans include a sidewalk setback from Wadsworth Blvd. as well pedestrian amenities such street furniture and tree lawns. EXHIBIT 9 Michael G. Pharo Associates, loe. March 13, 2008 Ms. Meredith Reckert Senior Planner 7500 West 29th Avenue Wheat Ridge, Colorado 80215 Re: 7495 West 29th Avenue Wadsworth Exchange : ODP Submittal Dear Ms. Reckert; The purpose of this letter is to provide a response to the Plarming Commission conditions of approval and to various referral agency comments which pertain to the ODP submittal. We continue to stress that the ODP submittal is for the sole purpose of eliminating the previous condition of approval that we retain the structure at the comer of Wadsworth Boulevard and West 29th Avenue. Our specific response to each item follows; 1. The adjacent land uses are reflected on the perspective graphic ofthe property. We can add the outlines of the adjacent homes to the ODP sketch after Council approval. 2. The access point on West 29th A venue will be modified to align with the entry into the City complex. We have indicated this realignment on the ODP graphic. Specific details will be provided at the time of Final Development Plan (FDP). 3. We can modify the West 29th Avenue improvements to provide the required left- turn movements. Weare providing at this time our recommendation for the improvements per the LSC report. Specifics will be provided at the time of FDP. 4. The SEM architectural sheets will be integrated into the ODP submittal. The sheets will be numbered accordingly. The statement describing the character of the development includes reference to proposed materials and colors. In addition, we will provide a materials board as part of our presentation. 5. We carmot accept a five-year waiting period before removing the subject structure. It has been over 18 months since the ODP was approved with no viable commercial user stepping up in the interim. Our offer remains open for anyone to relocate the structure off site. 6. Paragon Engineering has provided a response to comments related to drainage. Please see the March 3, 2008 letter from Paragon Engineering to Dave Brossman for details. 7. We can modify our work to incorporate the City's requirements that we meet the new State Plane system of datum control. This will occur at the time of platting. 2835WestOxfordAve.,#6,Englewood,Colorado ATTACHMENT 2 -3773. e-mail:mplandplan@aoLcom 8. The City's request that we provide an additional 29 feet of land along the Wadsworth Boulevard exposure and construct a lO-foot concrete walk/trail carmot be accommodated. . This request was made at the time of the initial ODP approval. We objected at that time and our approval did not require us to provide these items. Our CUlTent request in no way alters the basis of the original approval. Therefore, we consider it inappropriate that this item is being brought forward again. . We are providing right of way at the intersection of West 30th Avenue and Webster Street. Weare providing 20 feet of land for Wadsworth Boulevard widening. We agree to provide additional right of way along the West 29th Avenue exposure since it is warranted by our project. . Inclusion of an additional 29 feet of right of way along Wadsworth Boulevard would bring our total dedication for the project to nearly 20% of our gross land area. This is excessive and cannot be justified by the extent of the proposed project. . Weare unaware of any foreseeable timetable that such elements would be extended either north or south. Improvements near West 38th Avenue and Wadsworth Boulevard may reasonable occur. Extending such improvements south to our project cannot be foreseen. . There would be no reasonable benefit to our project for such improvements. Our project has been confirmed to function with the improvements stated. Our recommendation is to dedicate the 20 feet ofland for right of way widening on Wadsworth Boulevard and construct a 5-foot walk on our property, not in the right of way. This solution preserves the streetscape opportunities required by other City criteria and matches the anticipated improvements on West 29th Avenue. As we have discussed, our ODP submittal has been updated to reflect many ofthese items. There likely will be others to address after the City Council meeting. Please let me know ifI can do more at this time. MGPlkp c: Andy Miller David Engleberg Bruce McLennan Wendell Ayers , I I I I I I I I I I I I I I I I' "" I I I ra ., ILe"turnl!!'~ lane/Median I Center line I J Median ',' 'ThrUlane Center I line I I Center Line Wadsworth Blvd. Alternatives - Cross Sections Thrulane I L:I.O Turn lane I Property I line Modified 1999 total width (half section)- 75 feet Alternative total width {fulJ section)-150feet '" ,~,,~,".f,' ,'. " ~ . . IW~.' Thrulane Frontage Road 1~~lOP:W;m(~.slj. Parking BLiilding Thru lane I Multi-Way Blvd. Alternative I Property I Line total width (halfsection)-75 feet I total width (full section)-150feet Thrulane -,- Thrulane Thrulane/ Turn lane .~ -'r ~M.-"''%:'.~IOPW<lJ'''>;:W.ill1 1$l!'0'7~m'l'B.W~~'}:;ii~~,':""~1 Connector drive Building t I Property Line I Asymmetrical Plan (east side) Alternative total width (halfsection)-67feet total width (full section}-134feet Figure 2: Cross-Sections of the Three Alternatives *AII public roadway improvements should be located within the 150-loot (or less) right-ai-way section. For specifics on roadway design, tumina motions. etc.. olease reler to conceptual roadway diagrams in the Appendix. ATTACHMENT 3 WADSWORTH SUBAREA PLAN ,..I ,,~'<' , ~ City of rWlieatRl.-dge ITEM NO: J. REQUEST FOR CITY COUNCIL ACTION . 4'(/;~ ~"l . g.:;/:;:;:M:f:l\(S . ,'..~ 4".., cr 0, '~", I III WI;~~) ~~'" ~ COUNCIL MEETING DATE: March 24,2008 TITLE: COUNCIL BILL 05-2008 - AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO EXPAND USE OF THE ADMINISTRATIVE ENFORCEMENT PROCEDURES AND TO AUTHORIZE CERTAIN CITY EMPLOYEES TO ENFORCE THE SAME. IZI PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1 ST READING (2/25/2008) IZI ORDINANCES FOR 2ND READING (3/24/2008) Quasi-judicial: ,DipJ / Community De DYES IZI NO (~~rd City Manag~ <s EXECUTIVE SUMMARY: The purpose of this ordinance is to encourage prompt code enforcement compliance. Currently the Police Department Community Service officers (CSOs) use the administrative hearing process established in Section 2 of the Code to achieve code enforcement compliance. The Community Development Department code enforcement division makes less use of the administrative hearing process. The administrative hearing process has been an effective tool to achieve prompt code enforcement compliance. Both the CSOs and the Community Development Department property inspector wish to continue and expand upon the use of that administrative hearing tool. To that end, staff is proposing this ordinance, which will expand the list of Chapter references that can be enforced through the administrative hearing process. All of these chapter references are sections of the code that either the property inspector or CSOs enforce. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Background - Neighborhood Revitalization Strategy: Enforcement of property maintenance codes and attention to the physical condition of Wheat Ridge is a priority from the City's 2005 Neighborhood Revitalization Strategy (NRS). The NRS also recommends that the City work on improving the maintenance and appearance of existing multi-family rental property at key locations. Since accepting the findings of the NRS in 2005, the City has considered various options for how best to achieve these goals and one of the strategies considered had been the possible adoption of a multi-family housing inspection/registration program. Background - Existing Code Enforcement Regulations: Chapter 15 of the Municipal Code of Laws identifies numerous potential violations applicable to rental properties and property maintenance in general. These include: illegal dumping, littering, disorderly house, blowing dust, offensive discharges and inoperable vehicles. Chapter 26 of the Code identifies additional property use and maintenance issues of concern related to accessory structures, landscaping, dumpster enclosures, landscaping and screening of outside storage. The International Property Maintenance Code, which the City adopted as part of the adoption of the 2003 International Building Code adoption process includes additional regulations related to the following: 1) unsafe structures, 2) unlawful structures, 3) structures unfit for human occupancy, and 4) structures in imminent danger of collapse. To be more specific, the maintenance of items ranging from exterior paint, windows, window screens, decks and balconies are all covered by the IPMC. All of these existing regulations give the City wide authority to enforce property maintenance requirements on poorly maintained residential and non-residential properties. Background - Hotel-Motel Tax and Inspection Program: In 1998, a 5% lodger's tax was approved by Wheat Ridge voters, with revenues to be divided 60% for police and code enforcement efforts and 40% for redevelopment and capital projects. The 60% portion of those revenues provides for one Crime Prevention Police Officer, 0.5 FTE Police Sergeant, two Community Services Officers and one Property Inspector. These staff resources focus on proactive enforcement and education efforts for hotel/motel properties, multi-family housing complexes and problematic rental properties. Staff provided a summary of these existing tools and resources to the City Council at a Study Session in December 2007. Staff outlined a series of eight "next step" strategies to leverage these existing tools and resources to achieve better property maintenance compliance, as recommended in the NRS in order to improve the quality of multi-family housing in Wheat Ridge. City Council concurred with that short term approach and staff is working on implementing several of these next step action items, including the refinements to the Code of Laws being considered here, which would improve Staff's ability to achieve prompt compliance with the various code violations discussed above. ALTERNATIVES CONSIDERED: Staff considered a more comprehensive code amendment that would have specifically codified which sections ofthe Code are enforced by the Police Department Community Services Team versus the Community Development Department. It was decided that it more appropriate for those roles and responsibilities to be agreed upon and assigned administratively. A list of different code enforcement responsibilities has been developed and agreed upon administratively and weekly code enforcement staff meetings are held to achieve maximum coordination between departments. FINANCIAL IMPACT: No additional staff or other resources are being requested to implement this expanded use of the administrative hearing process. Staff believes this is the most resource effective means of achieving compliance with these code enforcement activities, which is a priority of City Council. However, it should also be noted that processing these cases through the administrative hearing process does have resource impacts on the courts (scheduling hearings, administrative costs, etc.) and the Finance Division (tracking fines, payments, property tax liens). It is also worth noting that this expanded use of the Administrative Enforcement procedures combined with existing staffing levels is considered a phase one trial approach to achieving better property maintenance. It may be necessary to re- evaluate the resources the City devotes to this important issue if we are unable to achieve the level of code enforcement compliance that is desired by the Council with those existing resource levels. RECOMMENDED MOTION: "I move to approve Council Bill No. 05-2008 - An Ordinance Amending the Wheat Ridge Code of Laws to Expand Use of the Administrative Enforcment Procedures and to Authorize Certain City Employees to Enforce the Same on second reading and that it take effect 15 days after final publication. " Or, "I move to table indefinitely Council Bill 05-2008 - An Ordinance Amending the Wheat Ridge Code of Laws to Expand the Use ofthe Administrative Enforcement Procedures and to Authorize Certain City Employees to Enforce the Same for the following reason(s) " Prepared by: Reviewed by: Kenneth Johnstone ATTACHMENT: Council Bill No. 05-2008 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER LANGWORTHY Council Bill No. 05-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO EXPAND USE OF THE ADMINISTRATIVE ENFORCEMENT PROCEDURES AND TO AUTHORIZE CERTAIN CITY EMPLOYEES TO ENFORCE THE SAME WHEREAS, the City of Wheat Ridge (the "City"), acting through its City Council (the "Council"), has authority pursuant to Article XX, Section 6 of the Colorado Constitution and, inter alia, the general power of the City to amend its Code of Laws (the "Code") from time to time; and WHEREAS, the Council has previously adopted regulations which reference the position of "Community Service Officer" or "CSO officer"; and WHEREAS, the Council has determined that the term "Code Officer" more accurately describes City's employees charged with enforcing certain provisions of the Code; and WHEREAS, the Council has determined that authorizing the City's Code Officers to use the administrative enforcement procedures in Article V of Chapter 2 of the Code is in the best interest of the City; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. All references in Chapters 13, 15 and 17 of the Code to "Community Service Officer" or "CSO Officer" are hereby amended to read "Code Officer." Section 2. Code Section 2-80 is amended to read as follows: 2-80. Purpose; scope. The purpose of this article is to encourage prompt compliance with this Code and prompt payment of penalties for violations thereof. This article provides for administrative penalties that may be imposed for violation of the following portions of this Code: Chapter 5, Buildings and Building Regulations; CHAPTER 9, HEALTH; Chapter 13, Motor Vehicles and Traffic; Chapter 15, Nuisances; ARTICLE X OF CHAPTER 16, CONCERNING MASSAGE PARLORS, BUT NOT TO INCLUDE THE BALANCE OF CHAPTER 16, MISCELLANEOUS OFFENSES; CHAPTER 21, STREETS AND SIDEWALKS; CHAPTER 22 TAXATION; Chapter 26, Zoning; ATTACHMENT 1 Section 3. Safetv 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 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of -1L to L on this 25th day of February, 2008, 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 Mondav. March 24. 200l!, 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 , 2008. SIGNED by the Mayor on this day of ,2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: February 28, 2008 Second Publication: Wheat Ridge Transcript Effective Date: ~ \. J.( - . Y City of pWheatRL-dge ITEM NO: 4, REQUEST FOR CITY COUNCIL ACTION ~ rfJ"~l '><,":".,;:6 ",,:.:,,(:}', ,'i"'""" ,~,~.~",,,. ~ COUNCIL MEETING DATE: March 24, 2008 TITLE: COUNCIL BILL 06-2008 - AN ORDINANCE AMENDING SECTION 26-803 OF UtE WHEAT RIDGE CODE OF LAWS PERTAINING TO FLOODPLAIN CONTROL. ~ PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (2/25/2008) IZI ORDINANCES FOR 2ND READING (3/24/2008) Quasi-Judicial: DYes" No ~~~/r Director of Public Works .Q1l#.~JrI_i City Manager 'A.J.I.lfI EXECUTIVE SUMMARY: The City entered into contracts with the Urban Drainage and Flood Control District to update drainageway studies for Clear Creek (2005) and Lena Gulch in 2005 and 2006, respectively. An Open House was held on January 10, 2007 to discuss the Clear Creek study with the public. A similar Open House was held concerning the Lena Gulch study on March 14, 2007. The City Council was briefed on the findings of the new floodplain reports at a Study Session on May 7, 2007. Additionally, Staff provided information on the studies at the City Town Hall Meeting in September, 2007. The recently completed floodplain studies have now been accepted by the Urban Drainage and Flood Control District. It is appropriate that the City Council accept the studies and incorporate them into the Floodplain Control Section of the City Code. Property owners affected by changes in the flood plain limits will receive an invitation to another workshop upon acceptance of the new maps by City Council. COMMISSION/BOARD RECOMMENDATION: N/A. STATEMENT OF THE ISSUES: The Urban Drainage and Flood Control District, in cooperation with Jefferson County, the City and County of Denver, the City of Golden, the City of Arvada and the City of Wheat Ridge, has completed a study of the Clear Creek floodplain. The new study identifies the current floodplain limits and supersedes the 1979 flood study currently being utilized. The Urban Drainage and Flood Control District and the City have completed a new floodplain study of Lena Gulch within the City. The new report identifies the current floodplain limits and supersedes the 1975 flood study currently being utilized. All property owners within the flood plains were invited to workshops during the investigation phase ofthe studies. Adoption of the new floodplain reports will allow the City to administer activities within the correct floodplain boundaries. ALTERNATIVES CONSIDERED: None. FINANCIAL IMPACT: There is no financial impact to the City Budget. RECOMMENDED MOTION: "I move to approve Council Bill 06-2008, an Ordinance Amending Section 26-803 of the Wheat Ridge Code of Laws Pertaining to Floodplain Control on second reading and that it take effect 15 days after final publication." Or, "I move to table indefinately Council Bill 06-2008, an Ordinance Amending Section 26-803 of the Wheat Ridge Code of Laws Pertaining to Floodplain Control for the following reason(s) " Attachments: 1. Council Bill 06-2008 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER BERRY Council Bill 06-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE AMENDING SECTION 26-803 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO FLOODPLAIN CONTROL WHEREAS, the City of Wheat Ridge has previously adopted Article VIII of Chapter 26 of the Code of Laws pertaining to floodplain control; WHEREAS, amendment of the description of the Flood Regulatory District is needed to reflect current information; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Subsection G of Section 26-803 of the Wheat Ridge Code of Laws is amended to read as follows: G. Official maps and engineering reports. The location and boundaries of the Flood Regulatory District shall be as identified by the Federal Emergency Management Agency in "The Flood Insurance Study for Jefferson County, Colorado", dated June 17,2003, and any amendments or revisions thereto are hereby adopted by reference and declared to be a part of this Article. The location and boundaries of the Floodway and Flood Storage Districts shall be as shown in the following engineering reports and accompanying maps: 1. Flood Insurance Rate Map (FIRM) panels dated June 17, 2003 for portions ofthe City of Wheat Ridge. 2. Clear Creek: Flood Hazard Area Delineation of Clear Creek by Icon Engineering For the Urban Drainage and Flood Control District, April, 2007. 3, Lena Gulch: Flood Hazard Area Delineation Lena Gulch (Lower) by George K Cotton Consulting for the Urban Drainage and Flood Control District, October, 2007. The flood insurance rate map and the above-mentioned engineering reports constitute the current flood insurance study for the City of Wheat Ridge and are hereby adopted by the above reference and declared to be AI .1 ACHMENT 1 1 part of these regulations. The flood insurance rate map and the above- mentioned engineering reports, which constitute the flood insurance study are on file at the Wheat Ridge Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado, Section 2. Safetv Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare ofthe 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 3. Severabilitv. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Sunersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to Q on this 25th day of F ebruarv 2008. 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 Mondav. March 24.2008,2008, 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 ,2008. SIGNED by the Mayor on this day of ,2008. JERRY DiTULLIO, MAYOR ATTEST: Michael Snow, City Clerk 2 APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1 ST publication: February 28, 2008 2nd publication: Wheat Ridge Transcript Effective Date: 3 ~~J..( ~ . y City of . pWheatRL-dge ITEM NO: 5 REQUEST FOR CITY COUNCIL ACTION ~~ I'm ~~ COUNCIL MEETING DATE: March 24, 2008 TITLE: RESOLUTION 17-2008 - A RESOLUTION APPROVING A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $150,000 FROMntE FISCAL YEAR 2008 GENERAL FUND UNDESIGNATED RESERVES FOR THE PURPOSES OF PURCHASING HtE PROPERTY LOCATED AT 3388 SWADLEY STREET IN THE AMOUNT NOT-TO-EXCEED $300,000. D PUBLIC HEARING D BIDS/MOTIONS IZI RESOLUTIONS D ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING (mm/dd/yyyy) Quasi-judicial: DYES {~~ IZI NO City ~0....)~ EXECUTIVE SUMMARY: The recently completed drainageway study of Lena Gulch identified a charmelization project that would remove 13 homes from the floodplain. The proposed stream improvement project requires removal of two existing homes along the creek. One home is currently for sale and a tentative purchase for $300,000 has been negotiated by Staff. An appraisal of the property exceeds the purchase price. The Urban Drainage and Flood Control District (UDFCD) has agreed to partner with the City to purchase the property and will reimburse the City one half of the costs of acquisition. UDFCD will also provide 50% of the costs of demolition as a 2009 drainage project. COMMISSION/BOARD RECOMMENDATION: The City Council provided consensus at the February 4, 2008 Council Study Session to move forward with purchase of the property on Lena Gulch. STATEMENT OF THE ISSUES: The November, 2007 Major Drainageway Planning Study, Conceptual Preliminary Design Phase B Report, provides a number of proposed improvements on Lena Gulch. The improvements address erosion, water quality and increased capacity which eliminates flooding of homes along the creek. Charmel capacity improvements from Union Street to Simms Street would remove 13 homes from the floodplain, but requires removal of two homes. One of the homes (3388 Swadley Street) that must be removed for the channel work is currently for sale. If the house is purchased, it would be demolished, eliminating one storm flow inhibitor, and improving conditions in a major flood event. The charmel project would not be constructed until such time as the second house is acquired and removed. UDFCD provides assistance for acquisition of floodplain properties required for stream improvements. The District has agreed to reimburse the City 50 percent of the costs of purchasing the house located at 3388 Swadley Street. The house can be demolished next year and UDFCD can assist in the cost by re-assigning funds available for another City project. ALTERNATIVES CONSIDERED: Not purchase the property at this time and pay more at the time of the stream improvement project. FINANCIAL IMPACT: The property will be purchased from the Capital Investment Program Fund. Funding for the acquisition will consist of a transfer of $150,000 from General Fund undesignated reserves and a reimbursement of$150,000 from the UDFCD. RECOMMENDED MOTION: "I move to approve Resolution 17-2008 - A Resolution Approving a Supplemental Budget Al'l'wl',;ation in the amount of $150,000 from the Fiscal Year 2008 General Fund Undesignated Reserves for the Purposes of Purchasing the Property Located at 3388 Swadley Street in the amount Not-To-Exceed $300,000. I further move that all costs associated with the purchase of the property located at 3388 Swadley Street be paid from account number 30-302-800-833, and that these funds be encumbered in accordance with Ordinance #787,1989 Series." Or, c- - f- (f) f- I <.:) a::: 3: o a::: <I: ~~ <.:) - ~~ ".BI.. CITY OF WHEAT RIDGE - ~~...~O' Cilyof -rp'WlieatR.Ldge ~UBLlC WORKS A~\ :)5~H PLb 37TH pLI ~~t' '" ';~ ---- 37 ~O f- ~ ~7TH A'v1E ---- b _0 f- C H P Z _ ~ ~R ~-: 6T~ 36TH AVE ~ z f- ,C > ~ ~~ 36TH AV'C.. a::: CD 35TH AVE => ~ ~U ~'v o <( fP:\V'O f-.. a::: >:, ;;z., > ~ =>\ I- ~ /1-. 0 33RD AV~:~ ~R- ;).,~ WU a::: ~~ ~ v 01..' R- too --.\-0\~, ~0~":(~ ~ ~~J~ ~~ (~ I JLNU PL / /) 1'32ND AVE L :)'151 PL ! /I1'O(/. AVIi. _, t:i I'V~/, 'l1-1[F;l~ I ~~.t L LENA GULCH I- (f) f- (f) 33RD AVE (f) -==:J ::2: I- ::2: (f) (f) "- - ::> ::> y 32ND AVE 3388 SWADLEY ST. LAKEWOOD ..., ....J <( => a f- (f) w w- a::: <( 0.. '----t I- (f) ....J <( 6 ~3RD AVE I- (f) '0- z o (f) a::: w 0.. L rl I "I move to table indefmatley Resolution 17-2008 for the following reason(s) " Report prepared by: Report verified by: Attachments: 1. Location map 2. Resolution 17-2008 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 17 Series of 2008 TITLE: A RESOLUTION APPROVING A SUPPLEMENTAL BUDGET APPROPRIATION IN TltE AMOUNT OF $150,000 FROM TltE FISCAL YEAR 2008 GENERAL FUND UNDESIGNA TED RESERVES FOR THE PURPOSES OF PURCHASING TltE PROPERTY LOCATED AT 3388 SWADLEY STREET IN TltE AMOUNT NOT- TO-EXCEED $300,000 WHEREAS, the recent drainageway study of Lena Gulch identified a channelization project that would remove thirteen homes from the floodplain; and WHEREAS, the proposed stream improvement project requires removal of two homes; and WHEREAS, one of the homes required to be removed for the project is currently for sale; and WHEREAS, the City Council wishes to purchase the property located at 3388 Swadley Street for the future drainageway project; and WHEREAS, the Urban Drainage and Flood Control District will reimburse the City 50 percent of the costs of acquiring the property located at 3388 Swadley Street; and WHEREAS, the 2008 Capital Investment Program budget does not include funding for the purchase of the property located at 3388 Swadley Street. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. The purchase of the property located at 3388 Swadley Street is approved at a not-to-exceed cost of $300,000. Section 2. Budaet Amended. The following amendments to the 2008 Capital Investment Program budget are hereby approved: 1. Transfer $150,000 from General Fund undesignated reserves to the Capital Investment Program Fund line item 30-302-800-833. Effective Date This Resolution shall be effective immediately upon adoption. ATTACHMENT 2 DONE AND RESOLVED this ATTEST: Michael Snow, City Clerk RESO 001 day of March, 2008. Jerry DiTullio, Mayor 2 ....~J-( ~ ~ City of pWheatRL-dge ITEM NO: ~. REQUEST FOR CITY COUNCIL ACTION 4~ rID~ COUNCIL MEETING DATE: March 24, 2008 IITLE: MOTION TO A WARD ITB-08-13 2008 OVERLAY/CONCRETE REHAB PROJECT TO BRANNAN SAND AND GRAVEL IN TtlE AMOUNT OF $1,206,031.78. D PUBLIC HEARING IZI BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1 ST READING (Date:) D ORDINANCES FOR 2ND READING (Date:) Quasi-judicial: D YES IZI NO -z::7~~ Director of PUblic Works City~~ EXECUTIVE SUMMARY: The 2008 Overlay Project was developed to provide needed maintenance treatments to a number of selected streets by priority in accordance with the Citywide maintenance plan. The streets selected this year are primarily local streets, but also included one arterial and one collector street. The program is intended to extend the life of pavements on streets that are structurally sound. The project also includes concrete and handicap ramp replacement on streets being resurfaced. In addition, this year's program also focuses on rehabilitating thirteen parking lots at various Parks and Recreation facilities throughout the City. Eight (8) bids were received and all met the initial bid requirements. The apparent low bidder was Brarman Sand and Gravel, Denver, Colorado in the total amount of $1 ,206,031.78, which includes the Base Bid and Bid Alternates 1,2,3 and 4. Brarman Sand & Gravel's proposal met all of the bid requirements and references and experience were evaluated by Public Works Staff. It is recommended that the project be awarded to the lowest responsible and responsive bidder, Brarman Sand and Gravel in the amount of $1 ,206,031.78. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Bids for the 2008 Overlay Project, #S-PM-OI-08, were opened on Tuesday, March 6, 2008. Eight (8) bids were received. The bids were comprised of five parts; Base Bid and Alternate Bid 1 through Alternate Bid 4. The base bid provides for the pavement overlay and concrete replacement on Kipling Street from 5151 Place to 491h Avenue, Garrison Street from the north city limits to 44th Avenue and selected local streets in the central part of the City. Alternate I will provide storm sewer installation and parking lot rehab on the east side of City Hall. Alternate 2 will provide the pavement resurfacing and any necessary concrete replacement to a number of selected local streets located in the southwest quadrant of the City. Alternate 3 will provide the pavement overlay and any necessary concrete replacement to a number of additional selected local streets located in the central part of the City. Alternate 4 will provided the rehabilitation and restriping of thirteen Parks and Recreation parking lots throughout the City. The base bids ranged from $821,573.74 to $1,314,176.30 and alternate bids from 1 to 4 ranged from $123,080.63 to $207,987.00, $71,600.91 to $125,848.00, $120,454.38 to $204,489.00 and from $69,322.12 to $101,359.50 respectively. The Engineer's Estimate for the base bid, alternate 1 through alternate 4 were $965,997.00, $193,404.25, $84,027.75, $142,309.50 and $65,084.00 respectively. The lowest responsible and responsive bidder, Brarman Sand and Gravel, Denver, Colorado has met the bid and qualification requirements. Based upon the contractor's demonstrated capabilities and performance on the previous project, Staff recommends award to Brarman Sand and Gravel. A standard 10% contingency amount of $120,603 .18 is requested for the cost of other items related to the project. ALTERNATIVES CONSIDERED: No award and 2008 Overlay/Concrete Rehab Project will not be accomplished. FINANCIAL IMPACT: Funding for this program has been approved as the Street Preventive Maintenance Projects line item of the 2008 Capital Improvement Program budget in the amount of $1,390,000.00, Parks and Recreation Parking Lots and Drives Improvements line item in the amount of$85,000.00, and City Hall Improvement/Maintenance line item in the amount of $360,000.00. This project is the second of the two preventive maintenance projects that the City will implement this year. Funds will be transferred from CIP account 30-603-800-864 (Parks and Recreation Capital Projects) and from CIP account 30-610-800-811 (City Hall Improvements) to the CIP Street Preventive Maintenance Project account 30-303-800-884 to fund the work at City Hall and the Parks and Recreation improvements. RECOMMENDED MOTION: "I move to award ITB-08-13, 2008 Overlay/Concrete Rehab Project to Brarman Sand and Gravel, Denver, Colorado in the amount of $1 ,206,031.78 which includes bid alternates 1, 2, 3 and 4. I further move that a contingency amount of$120,603.l8 be established. I further move that the Di..ovtv. of Public Works be authorized to issue change orders up to a total contract and contingency amount of$I,326,634.96. I 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-08-13 2008 Overlay/Concrete Rehab 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. Bid Tabulation Sheet 2. Map of 2008 Overlay/Concrete Rehab CITY OF WHeAT RIDGE B.lD TABULATION PROJECT: 2008 OVERLAY I CONCRETE REHAB BJDJPROPOSALNO. ITB..oS.13 . BID DUE: DATEiTIME 03106/0S by 2:00 pm . REC.lJESTlNG OE.PT./DIV1S10N ENGINEERING OPENED BY _ 4' Linda Trimble, Purchasing Agery-- W1TNe:5S~D BY'. Karen Scott, PNV Engineerng /(j."f PAGc-1..-- OF rd. PIV\~ .". B~4 k,.,+. ~v"'~ \ ~ $ l:zAt\ ?-"I4-. 00 VENDOR /!.<:l'lre~o.:k. rt~i?;!;\~:f;t "'s~t" ~ro...tI\i\l'\f1 L~~-e. Prel>l. er ~'1iuJ<HII?.s PMi',r\"j 'S1'~C'o1.f1e5 S~~~l W.est P~'Y1'1 LOCATION G-t,{d.-e.-,.. , c,.,..,1.&'-e..v-. ){..eM.r!J:lY'5bn l).e\l\lJ~'" De,nv-er D.el'llJ-ev SIGNATURE PGI ADDENDUM 1 yes/yes ye$ / yes ye5/yes, Yes lye ~ yes/yes. yes/yes LIST OF SUBCONTRACTORS y.e5 yes 'YeS y:es ye$ yes NON-COLLUSION AFFIDAVIT 'je..5 yes yes yes yes yes CONTRACTOR QUALIFICATION yes V&5 'Yes yes yes jes ILLEGAL ALIEN FORM yes 'jes yes yo 'le~ yes BID BOND ::l::Wo/ "E.-k , yes yes. yes yes yes yes ( ." - :-'" .'~ eASE BID 1; "ICOC),,"I'n Do .'1,111, '$'7(/" '359/ 75G (pO 717 J {~/ 70 '82.1, '$757'1 q /(Pl Z'77~'" o;r-,S; (;.'B7 9~ Ci~ !-I<<v, . /Z3, og64>~ '~J '3'1 ~93 CD ~ ell" ALT RNATE 1 $1<13,404-.2-'7 1'1'1, 'f<1o 'lo Ie.. 7, {lfl"!.~. l"5f, "f~() OD 1'51555'S- ~ \<So ~ / ' , AL TEI~NATE 2 +~ 02-7. /5 'ii"I~l7' &2, '-f1'1 " fi/, 5~tf= . '7(, (;0;; '!J. I g~, (p37 ~.o 'fl.,50?- AL TERNA TE 3 $ (42., ;'0") . '!?O ('19, 'i~z. "" 13"7,353$l> 1581 (""eoo 1'4.0, lf51' 3$ J N 3, 7'117' "~ /If'i.tY'I3 , ALTERNATE4 $GSj024,oc> ~~ ~'J>$'l' '79, 36'/10 '73 9(,.'7 .,., tb9 :j 22 fa. '71,o~( YS- 'dO, pC! :;'0 I I , J;\liB-08.1S Bid Tab Sheet.doc CD P\\J -to\-.,.\ = \/l;~ ,IOq ,~Ii> ATTACHMENT 1 ID"/o c.ootli,,::>~$Il;.,'70.97 "It '}2.';7o, 380. <::;; CITY OF WHEAT RIDGE 2008 OVERLAY/CONCRETE REHAB :;ffW~IYO( . ~U8LIC wo~~tRl...dge GJ ~: A I I ACHMENT 2