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.
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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
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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.
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ITEM NO: I. A
REQUEST FOR CITY COUNCIL ACTION
4~"~.
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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
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ITEM NO:
LB.
REQUEST FOR CITY COUNCIL ACTION
~~~
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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
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ITEM NO:
/. C.
REQUEST FOR CITY COUNCIL ACTION
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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.
~-
,
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of- : ~",.~
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----"'1
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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
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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
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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
(;.....
"
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........0..;-,
~SJ:~;>~
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......,......
......
............
,
......,
......
"............,......
"
............
S40.4620"W--........
SW1/4 6.12' ~,
-------
SECTION 19
.,....
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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 ........,
,
,
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~~,
,>,
"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
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r-- CD
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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 ~
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C"...S711'Z't2~'t. CB"Sll7\'l5i~1!l
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tp{i1,'\e.'O'i"
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o..~509A3
t?"i~9'O'(; r;:;?::,
jl:..,,460.I)O v!5
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~ 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
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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
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-
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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
"
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~ ~ 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., "',
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C'Ol.ORft,.QO
ITEM NO:
REQUEST FOR CITY COUNCIL ACTION
~~/
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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~
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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:
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WZ-08-01/Pharo for M & E Financial (Wadsworth Exchange)
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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.
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WZ-08-0I/Pharo for M & E Financial (Wadsworth Exchange)
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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
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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
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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.
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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
,
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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 .
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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
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~
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,
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"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
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~ ~ 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
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A I I ACHMENT 2