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HomeMy WebLinkAboutStudy Session Agenda 07-15-13STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO July 15, 2013 6:30p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Administrative Services Director at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. PUBLIC COMMENT ON AGENDA ITEMS APPROVAL OF AGENDA .1. Staff Report(s) 2. Lease Agreement with Jefferson County for Purpose of Managing Recreation Gold Panning 3. Ordinance amending the Wheat Ridge Municipal Code concerning the Licensing of Dogs & Cats 4. Animal Welfare & Control Commission Discussion on Use of Meeting Facilitator 5 . Jefferson County Regional Crime Laboratory-IGA 6. Sales and Use Tax Ballot Initiative Update L Elected Official Report(s) ~·.( ... .... City of ~Wheat&_dge __.YPARKS AND RECREATION Memorandum TO: Mayor and City Council THROUGH: Patrick Goff, City Manager FROM: Joyce Manwaring, Parks and Recreation Director DATE: July 15 ,2013 SUBJECT: Lease Agreement with Jefferson County for the Purpose of Managing Recreational Gold Panning ISSUE: There is an area ofland west ofi-70 and Youngfield St. at 41 st Avenue adjacent to Clear Creek that is within the City of Wheat Ridge boundaries; this land is owned by Jefferson County. This area is undeveloped and appears to be a continuation of open space, but is vacant land which is included in the master plan area for the Clear Creek development project. Because the land is neither County nor City of Wheat Ridge open space, the gold panning activity that occurs in the creek is not managed. Due to the lack of management of this area, equipment larger than what is considered recreational , as well as motorized equipment is being used for dredging, and is causing damage to the creek bed and banks. Recreational users of the site have been requesting for many years that rules be enforced in the area for recreational gold panning only. These rules would not allow motorized equipment and would limit the diameter of dredging hoses and locations for using the equipment, such as the banks of the creek . Jefferson County Open Space does allow gold panning in open space areas , specifically Clear Creek located in the Clear Creek Canyon west of Golden. The City of Wheat Ridge does not allow gold panning in Clear Creek within the Wheat Ridge Greenbelt. The City has no authority to enforce its Park Rules and Regulations in this area on land that is not owned by the City and is not designated as open space. The County does not manage this area as open space and therefore, does not apply their gold panning rules to the area. Users have been requesting clarification on whether gold panning is allowed in the area and if so , the development of rules to manage the type of gold panning allowed. J efferson County has proposed to lease the area to the City of Wheat Ridge for the purpose of managing and providing gold panning in the area. Lease Agreement July 15 ,2013 Page2 This lease will allow the City to create and enforce rules regarding motorized equipment, pipe sizes , and locations for dredging. Leasing the land to the City will allow the Parks and Recreation Department to develop rules to manage the gold panning and reduce the environmental impacts to the creek banks . PRIOR ACTION: Jefferson County Administration staff, open space staff, and City of Wheat Ridge staffhave met with stakeholders to reach a solution to this issue . City Council accepted a trail corridor easement from the County through this area on March 14 , 2011. The City Attorney has reviewed and approved the lease as to form. Jefferson County Commissioners approved the lease on June 2 5, 2013. FINANCIAL IMPACT: Financial impact will be approximately $500 for signage. Other indirect impacts will be staff time to educate users and enforce rules. Maintenance impacts to this area will be minimal as the City currently maintains the trail corridor in this area . BACKGROUND: Gold panning is an activity that has been occurring in this area of Clear Creek for more than 100 years. The area is historically referred to as the Arapahoe Bar. To access this area of the creek , users carry or trailer their equipment and walk in on the Clear Creek trail. It is the intent of the County that this property remains in the master plan for the Clear Creek Crossing development and all options for use of the property remain available . ACTION: Staffrecommends approval ofthis lease. ATTACHMENTS: 1. Draft Resolution 2. Lease Agreement 2 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 00 Series of 2013 TITLE: A RESOLUTION APPROVING A LEASE AGREEMENT WITH JEFFERSON COUNTY FOR THE PURPOSE OF MANAGING CERTAIN REAL PROPERTY FOR RECREATIONAL GOLD PANNING WHEREAS, Jefferson County is the owner of certain real property described in Exhibit A-1 and depicted, for reference purposes only in Exhibit A-2, both of which are attached hereto and incorporated by reference (the "Lease Property") and; WHEREAS, the County does not currently intend to develop the Lease Property for open space , park or recreational purposes, but believes that such Lease Property should be developed, maintained and operated for public recreational gold panning by the City of Wheat Ridge; and WHEREAS, the City, acting through its City Council, has determined it to be in the interest of its residents to enter into a lease with the County to develop, operate and maintain the Lease Property for public recreational gold panning. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: THE ATTACHED LEASE AGREEMENT WITH JEFFERSON COUNTY FOR THE PURPOSE OF MANAGING CERTAIN REAL PROPERTY FOR RECREATIONAL GOLD PANNING IS HEREBY APPROVED. DONE AND RESOLVED this 22nd day of July 2013. Jerry DiTullio, Mayor ATIEST: Janelle Shaver, City Clerk Attachment 1 LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease "), dated for reference purposes only this __ day of , 2013 , is between the COUNTY OF JEFFERSON , STATE OF COLORADO, a body politic and corporate (the "County") and the CITY OF WHEAT RIDGE, a municipal corporation (the "Lessee"). RECITALS A . The County is the owner of the property described in Exhibit A-1 and depicted , for reference purposes only in Exhibit A-2 , both of which are attached hereto and incorporated by reference (the "Lease Property"); and B. The County does not currently intend to develop the Lease Property for open space , park or recreational purposes , but believes that such Lease Property should be developed , maintained and operated for public recreational gold panning by the Lessee ; and C . The Lessee is desirous of entering into a lease with the County to develop , operate and maintain the Lease Property for public recreational gold panning. NOW, THEREFORE, in consideration of the mutual agreements, conditions and provisions hereinafter set forth , the parties to this Lease agree as follows: 1. PROPERTY LEASED. The County leases to the Lessee and the Lessee leases from the County the Lease Property. The Lease Property is leased "as is " without any warranties. 2. TERM AND COMPENSATION. The term ofthis Lease shall be ten years from the date of its execution by the Jefferson County Board of County Commissioners (the "Board"), thereby ending on , 2023 , unless terminated earlier as provided herein. No monetary compensation or lease payments are required ofthe Lessee . 3. USE OF LEASE PROPERTY. (a) The Lessee covenants and agrees to only use the Lease Property for public recreational go .ld panning purposes. The County Open Space Program will assist Lessee in establishing rules or guidelines and a monitoring system for gold panning on the Lease Property . The Lessee is authorized to adopt and enforce such rules , guidelines , and monitoring system at its discretion . Wheat Ridge Go ld Pan ning Lease .6-1 0-13 .doc Attachment 2 (b) The Lessee may not alter the floodplain within the Lease Property. (c) A 36" culvert ("Culvert") exists on the Lease Property , the location of which is depicted on Exhibit B attached hereto and incorporated by reference. The Culvert drains an adjoining wetland area for which the County is responsible under the U.S. Corps of Engineers· jurisdiction. The Lessee may not alter or obstruct the Culvert or its operation in any way. The County shall have access to the Lease Property at all reasonable times , without notice to the Lessee , including for access to the Culvert for the purposes of operation maintenance , and repair. (d) The Lessee shall not install any improvements or structures on the Lease Property except for signs approved by the County. (e) The County retains ownership of the land , water, water rights. wells and any related improvements that are appurtenant to the Lease Property. (f) The Lessee shall not use , keep, or permit any substance or material in or about the Lease Property that may vitiate or endanger the validity of the insurance thereof or increase the hazard or risk of fire or flooding. (g) The Lessee shall keep the Lease Property clean and in a sanitary condition and, to the greatest extent possible within its standard Police and Parks and Recreation budgetary restrictions , shall not permit any disorderly conduct, undue noise or nuisance on the Lease Property. (h) The Lessee shall not use or authorize or permit others to use the Lease Property for any purpose prohibited by the laws of the United States. the State of Colorado , and the City of Wheat Ridge. The Lessee shall comply with all current zoning regulations set forth in the Clear Creek Crossing Planned Commercial Development, which permits open space and outdoor recreation. The parties agree that gold panning is permitted on the Lease Property , within the limitations as to nuisance and noise , and the requirements imposed by Lessee. as elsewhere herein established or permitted. (i) Upon the termination or expiration of this Lease the Lessee shall , within thirty (30) days thereof, remove any and all signs placed pursuant to this Lease. (j) The Lessee , and not the County , shall be responsible for the total operation. management. and maintenance of the Lease Propet1y. Whea t Ridge Gold Panni ng Lease .6-10-13.doc 2 4. TERMINATION . (a) If at any time the Lease Property is not used for the public open space , park or recreation purposes authorized herein , this Lease shall promptly and automatically terminate. (b) If either party defaults or fails to keep any covenants or agreements to be performed by such party , the non-defaulting party may declare this Lease terminated; provided the non-defaulting party shall give the defaulting party written notice of such alleged default, and the defaulting party shall have a period of thirty (30) days to cure the alleged default. (c) Either party may terminate this Lease without cause and for any reason including, without limitation , if the County were to receive an offer to purchase the Lease Property, by providing written notice to the other party at least sixty (60) days prior to termination. (d) Whenever this Lease expires or is terminated , all rights , duties and obligations hereunder shall terminate except insofar as any duties or obligations hereunder that are declared in this Lease to survive the termination of this Lease , at which time the Lessee shall promptly surrender and deliver up the Lease Property peaceably to the County in accordance with this Lease, and in the same condition as the date of execution of this Lease , ordinary wear, tear and damage by elements and acts of God excepted. Upon the request of the County , the Lessee and the County shall execute and the County may record a notification of a release or termination of this Lease in the records of the Clerk and Recorder's Office. 5. PRJORJTY TO COUNTY RESIDENTS. FEE DIFFERENTIALS. The Lessee covenants and agrees that regarding the use of the Lease Property , including any improvements thereon , the following shall apply: (a) No Lessee resident shall be given preference concerning use of the Lease Property or any activities therein. (b) Jefferson County residents shall be given use priority preference over non- County residents. (c) No fee preference shall be given to the Lessee's residents over other Jefferson County residents concerning use of the Lease Property. (d) If fees are ever charged on the Lease Property , fee differentials shall be charged for non-Jefferson County residents. Wheat Ridge Go ld Pa nning Lease .6-l 0-13.doc 3 6. INDEMNIFICATION AND RELEASE. To the extent permitted by law, and within the limitations imposed by the Colorado Constitution and statutes , the Lessee agrees to and does hereby release, waive, discharge , indemnify and hold the County, its officials, agents , employees, successors and insurers harmless from and against any actual or alleged injury , liability , or damage , including attorneys ' fees , related to or arising out of use of the Lease Prope1ty by the Lessee or any other person or entity. To the extent the Lessee requires a public user of the Lease Property to execute a release , waiver or indemnification pertaining to its use of the Lease Property , the County shall also be identified as a beneficiary of the instrument. The obi igations of this paragraph shall survive termination ofthe Lease. 7 . ENVIRONMENTAL INDEMNIFICATION . To the extent permitted by law , and within the limitations imposed by the Colorado Constitution and statutes , the Lessee agrees to indemnify and hold harmless the County for any and all (I) civil , legal and administrative costs ; (2) fines and penalties; (3) response , remedial and clean-up costs: and (4) other costs (including attorneys· fees) or liability arising from the introduction by the Lessee or any of its authorized agents or officers of any Hazardous Materials to the Lease Property during the term of this Lease , except any Hazardous Material that may have been directly introduced by the County. As used herein , the term "Hazardous Materials" means flammable or explosive materials , petroleum or petroleum products , oil , crude oil , methane gas or synthetic gas usable for fuel , radioactive materials , asbestos or any hazardous , toxic or dangerous substances. materials or wastes which are regulated under any applicable county. municipal , state or federal law, rule , ordinance, direction , or regulations as may be amended from time to time . The obligations of this paragraph shall survive termination ofthe Lease . 8. INSURANCE. During the tem1 of this Lease. the Lessee shall maintain the insurance coverages and comply with the requirements set forth in Exhibit B , attached hereto and incorporated by reference. 9. NON-ASSIGNABILITY. This Lease is not assignable , nor may the Lessee sublease an y portion of the Lease Property . I 0 . FURTHER ASSURANCES. It is the intent of the parties that notwithstanding anything contained to the contrary herein , all right, title and interest in the Lease Property and any and all improvements located thereon or connected therewith , regardless of when such improvements were placed upon the Lease Property , shall be fully vested in the County as of the termination of this Lease. The Lessee , upon the request ofthe County , will at any time execute, acknowledge, deliver and record such further instruments as may be necessary or proper to carry out this intent , and hereby irrevocably appoints the County as its agent to execute and deliver such instruments as may be necessary. II. LEASE PROPERTY ENCUMBRANCES. The County grants , and the Lessee accepts. this Lease subject to all encumbrances, including, without limitation , any easements, covenants and rights-of-way. The County reserves the sole and exclusive right to grant or use additional encumbrances on , over, and across or under the Lease Wheal Ridge Go ld Panmng Lcasc .6-I 0-I 3.doc 4 Property during the term of this Lease. The County shall give prior written notice of any such encumbrances contemplated by the County after the date of execution of this Lease to the Lessee. 12. FUNDING FOR LEASE PROPERTY. The Lessee shall obtain written approval from the County Open Space Director prior to applying for grant funds or other third- party funding for use at the Lease Property if any associated grant or funding document may in any way encumber the Lease Property. For any grant or other funding the Lessee seeks pertaining to the Lease Property that will not in any way encumber the Lease Property , the Lessee shall simply copy the County Open Space Director on the grant or funding application 13. ATTORNMENT. The Lessee agrees that if the interests of the County are transferred for any reason , the Lessee shall be bound to and shall attorn to the successor to the County 's interests under all of the terms , covenants and conditions of this Lease for the balance of the term thereof remaining and shall recognize such successor as its landlord hereunder. 14. MISCELLANEOUS PROVISIONS . (a) This Lease may not be modified or amended except by an agreement in writing signed by the parties. (b) No term or provision hereof shall be deemed waived unless the waiver shall be in writing and signed by both parties . Any failure by one party to insist upon the other party 's strict performance of any of the terms of this Lease shall not constitute a waiver of those or any other terms. Any delay in exercising or enforcing any rights with respect to one party 's alleged breach of this Lease shall not preclude the other party from exercising any rights hereunder or at law or in equity. (c) Time is of the essence with respect to this Lease. (d) Any notice or communication given pursuant to this Lease shall be given in writing, either in person or by certified mail , return receipt requested. Such notice shall be deemed given at the time indicated on the duly completed return receipt. (e) Notice to the Lessee shall be delivered or mailed to: or such other address as the Lessee may from time to time designate by written notice to the County . Wh ea t Rid ge Gold Panning Lease .6-l 0-13.doc 5 (f) Notice to the County, including any Certificates of Insurance , shall be delivered or mailed to: with a copy to : Director, Jefferson County Open Space Division 700 Jefferson County Parkway, Suite I 00 Golden , CO 80401 Jefferson County Attorney's Office I 00 Jefferson County Parkway Golden , CO 80419-5500 or such other address as the County may from time to time designate by written notice to the Lessee. IN WITNESS WHEREOF. the parties have executed this Lease. Wheat Ridge Gold Pan nm g Leasc .6-I 0-I 3.doc 6 ATTEST: Deputy Clerk STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) COUNTY OF JEFFERSON STATE OF COLORADO By : ____________ _ Donald Rosier, Chairman Board of County Commissioners Subscribed and sworn to before me this day of _____ , 2013 , by Donald Rosier as Chairman of the Jefferson County Board of Commissioners. WITNESS my hand and official seal. My Commission Expires: ______ _ APPROVED AS TO FORM: Steven L. Snyder Assistant County Attorney Wheat Ridge Gold Panning Lease .6-l 0-13.doc Notary Public 7 STATE OF COLORADO ) ) ss . COUNTY OF JEFFERSON ) CITY OF WHEAT RIDGE, a municipal corporation By ___________________ __ _________________________ .Mayor The foregoing instrument was acknowledged before me this ___ day of ___________ ,2013by _____________________________ as Mayor of the City of Wheat Ridge. a municipal corporation . WITNESS my hand and official seal. My Commission expires: Notary Public Wheat R1dge Gold Panmng Lease .6·1 0·13 .doc 8 CLEAR CREEK GOLD PANNING LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN TRACT C OF CLEAR CREEK CROSSING SUBDIVISION FILING NO .1, AS RECORDED IN RECEPTION NUMBER 2011072532 OF THE JEFFERSON COUNTY RECORDS AND ALSO LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20 , TOWNSHIP 3 SOUTH , RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN , CITY OF WHEAT RIDGE , COUNTY OF JEFFERSON , STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : ALL THAT PART OF SAID TRACT C LYING NORTHERLY OF THE TRAIL EASEMENT DESCRIBED IN RECEPTION 2011032502 OF THE JEFFERSON COUNTY RECORDS. LAWRENCE L. PFIFER, PLS 27612 PREPARED FOR AND ON BEHALF OF JEFFERSON COUNTY JEFFERSON COUNTY OPEN SPACE 700 JEFFERSON COUNTY PARKWAY, SUITE 100 GO LDEN , CO 80401 (303) 271-5925 EXHIBIT A-1 EXHIBIT A-2 • 0. 0 ••••• psnnp ~ n l q I ! ! I ----"'""" ---- ~i I "_ ,: ! :~ H ~ ; ; ~ ! i~ ! ! i~ : ~ \ iE ~" •• ~B , ti \. ! E .. I "' 'il ! ., ~ I : I I ~ I : ~ --, ' 8 if BaNG A PORT10N Of ~ arnswor """"' """' ! I I ALTA/ACSM LAND TITLE SURVEY I ~IF th I ""'"' ... ....,.1 ... , EXHIDITB --------------- INSURANCE REQUIREMENTS-GENERAL I Prior to the commencement of any work the vendor shall forward certificates of insurance to the department specified in the award document. II Certificate Holder must be Jefferson County, Colorado. Required II Jefferson County must be added as an additional insured to general liability, auto liability, and Required any excess liability policies. Ill Insurance-Minimum requirement Workers compensation-statutory limits provided by an insurance carrier that is licensed to do Required business in Colorado . The policy shall contain a Waiver of Subrogation on behalf of Jefferson County . Employer 's liability -$1 00 ,000 each accident $500 ,000 disease policy limit $1 00 ,000 disease each employee Commercial General Liability Required The policy must not exclude or reduce coverage for mobile equipment , personal injury ; blanket $1M ea contractual ; and death. Personal injury coverage must have the employee exclusion deleted. The occurrence policy shall contain a Waiver of Subrogation on behalf of Jefferson County . $2M general aggregate Commercial automobile liability insurance-including hired and non-owned vehicles , if autos are Required used in the performance of work under this agreement. Combined single limit for bodily injury and $1M CSL per property damage. accident All deductibles or self-insured retentions (SIRs) in excess of $5 ,000 must be listed on the certificate Required of insurance Certificates of insurance on all policies to the county shall provide written notice of not less than 30 Required days prior to cancellation or non-renewal of coverage The insurance requirements specified by the county shall remain in effect for the full term of the Required contract and/or agreement and any extension thereof. Updated Certificates of Insurance shall be sent to the county during the full term of the contract and/or agreement and any extension thereof. The county reserves the right to reject any insurer it deems not financially acceptable on insurance Required industry resources. Property and liability insurance companies shall be licensed or approved to do business in Colorado . Additionally the county reserves the right to reject any insurance with relatively large deductibles or self-insured retentions (SIRs), deemed by the county to pose too high a risk based on the size of the contractor, financial status or rating of the contractor, or based on the size or type of the project and the exposure . IV Any deviations below the standards given above must be approved by Jefferson County Risk Required Management v Any subcontractors must meet the same insurance requirements for the contract or purchase Required order unless Risk Management has approved a deviation EXHIBIT C .... ~·~ ... ~ ., City of • .. ~Wheat~dge J?'PouCE DEPARTMENT Memorandum TO: Mayor DiTullio and City Council THROUGH: Daniel Brennan, ChiefofPolice FROM: Mary McKenna , Community Services Team Supervisor DATE: July 15, 2013 SUBJECT: Ordinance Amending the Wheat Ridge Municipal Code Concerning the Licensing of Dogs and Cats ISSUE: On August 15 ,2012 the City ofWheat Ridge entered into an Intergovernmental Agreement (IGA) concerning the funding of operations at the Foothills Animal Shelter. The City, along with the municipalities of Arvada, Lakewood, Golden, Edgewater, Westminster and Jefferson County, agreed to allocate revenue from the county-wide dog licensing program to fund the operations ofthe Foothills Animal Shelter. Under the terms of the IGA , participating agencies agreed to a centralized administrator, which is currently Jefferson County, and to adopt the same requirements for licensing as the administrator. Jefferson County has recently amended its ordinance and policy pertaining to licensing, and has shifted the administrative duties from the County to the Foothills Animal Shelter. During this process , the County reviewed participating agencies' ordinances and made the recommendation that each participating agency remove all reference of, "Jefferson County" as the administrator and replace it with "Licensing Administrator" in their ordinance. They also recommend adding a definition of"Licensing Administrator. FINANCIAL IMPACT: There is no financial impact associated with these proposed changes. RECOMMENDATIONS: Staff is recommending the City amend Chapter 4-1 , to include the definition of, "Licensing Administrator," as well as amend Chapter 4-8 , to remove all reference of Jefferson County as the dog license administrator. Staff is also recommending the City amend Chapter 4-31 (e), which currently requires a dog owner to obtain a dog license for their pet at the age of six months. To be consistent with the county requirements , dog owners would be required to obtain a dog license at the age of four months. Also in Chapter 4-31 (e), staff is recommending the removal of the infonnation that refers to licensing of four-month-old cats ''by examining its mouth to identify the first adult Amending City Code Concerning Licensing of Dogs and Cats. July 15 ,2013 Page2 teeth." Community Service Officers would rely on a licensed veterinarian to verify the age of a cat. ATTACHMENTS: 1. Proposed amendment of Chapter 4 ~age 34 TITLE: CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER------ Council Bill No. Ordinance No. ___ _ Series of 2013 AN ORDINANCE AMENDING SECTIONS 4-1, 4-8 AND 4-31 OF THE WHEAT RIDGE MUNICIPAL CODE CONCERNING THE LICENSING OF DOGS AND CATS WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C . R.S. § 31-15-401 ( 1 )(m ), the City, acting through its City Council (the "Council"), is authorized to regulate the keeping of animals within the City; and WHEREAS, pursuant to this authority, the Council has adopted regulations concerning the mandatory licensing of dogs within the City, codified in Chapter 4 of the Wheat Ridge Code of Laws ("Code"); and WHEREAS, by an Intergovernmental Agreement dated August 15, 2012, the City agreed to cooperate with the cities of Arvada, Lakewood, Golden and Westminster and with Jefferson County (the "County") to fund and operate a centralized animal shelter, known as the Foothills Animal Shelter (the "Shelter"), for the use and benefit of all parties to the agreement (the "Intergovernmental Agreement"); and WHEREAS, under the terms of the Intergovernmental Agreement, each party delegated its authority to issue dog licenses and to collect license fees, to be used to fund the Shelter, to a common licensing authority, currently the County; and WHEREAS, the Intergovernmental Agreement further requires each party to adopt dog licensing requirements that are consistent with the County ordinance concerning the licensing of dogs; and WHEREAS, the County is in the process of updating and amending its Animal Control Regulation Policy, known as Regulatory Policy 3 .5.1 (Part 3 Regulations, Chapter 5 Animals, Section 1 Animal Control); and WHEREAS, the Council finds and determines that certain amendments to the Code are necessary to render the City's dog licensing program consistent with the new County. regulations concerning the same, as required by the Intergovernmental Agreement. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 4-1 of the Wheat Ridge Code of Laws, establishing defined terms for purposes of Chapter 4 of the Code, is hereby amended by the addition of the following new defined term, to be inserted alphabetically into the list of terms, as follows: Attachment 1 Licensing Administrator means the person or entity delegated the authority by the City from time to time to issue dog licenses and collect fees for such licenses . Section 2. Paragraph 4-8(c)(4) of the Wheat Ridge Code of Laws, concerning off-leash dog park rules and regulations , is hereby amended as follows : ( 4) All dogs belonging to city residents must display a current Jefferson County dog license ISSUED BY THE LICENSING ADMINISTRATOR as required by section 4- 31 (c). Section 3. Paragraph 4-8(c)(10) of the Wheat Ridge Code of Laws , concerning off- leash dog park rules and regulations, is hereby amended as follows : (1 0) The follow ing dogs are not permitted within off-leash dog parks : a . Aggressive dogs , as defined by section 4-1. b. Female dogs in heat. c. Dogs without a current rabies tag affixed to the collar or without a current Jefferson County dog li cense ISSUED BY THE LICENSING ADMINISTRATOR , as applicable . d . Dogs under the age of four (4) months . e . Dogs exhibiting visible signs of illness or known by the owner or handler to be ill. f . Dogs that do not respond to and obey their owners ' or handlers ' sight or voice commands. Section 4. Section 4-31 of the Wheat Ridge Code of Laws , concerning dog and cat licenses , is hereby amended as follows: Sec. 4-31. Dog and cat licenses. (a) Territorial application . The provisions of this section shall apply to all dogs and cats , and all owners of all dogs and cats present within the jurisdictional boundaries of the city regardless of whether the owner or keeper of the dog or cat resides within the city. (b) Violations and penalty. Any dog or cat owner who violates any of the provisions of this section shall be guilty of a misdemeanor and , upon conviction thereof , shall be subject to a fine of not more than one thousand dollars ($1 ,000.00). (c) Required; described. A license is required for all dogs ef AND cats in this city as follows : A valid cat license shall be a current Mile-Hi rabies tag and registration certificate . A valid dog license shall be a dog license issued by the LICENSING ADMINISTRATOR Jefferson County animal control division or such other agent as may be designated by Jefferson County from time to 2 tfffie. A cat or dog owner may request an exemption to this requirement if, for medical reasons, his/her cat or dog cannot be vaccinated. In this event, a cat or dog owner must submit an affidavit from a licensed veterinarian stating the reasons why the cat or dog is unable to be vaccinated. (d) Wearing of tag; availability of certificate. A current and valid Mile-Hi rabies tag shall be worn on a collar or harness by the dog at all times, unless a current and valid tag from the LICENSING ADMINISTRATOR Jefferson County animal control di';ision, which requires proof of current rabies vaccination for its issuance, is worn on a collar or harness by the dog at all times. A current and valid registration certificate, as above-described, shall be kept in the possession of the owner of any dog or cat within the city, and such registration certificate or a copy of it shall be produced or producible by the owner as proof of current registration in the event of loss or the correspondingly numbered tag. (e) When to obtain license -Initially. A cat owner shall obtain a license as above- described for his cat within ten ( 1 0) days after the cat reaches four ( 4) months of age, or within ten ( 1 0) days after tho eat's first permanent tooth appear, whicho\'OF comes first. A dog owner shall obtain a license as above-described for his dog on or before the date the dog reaches the age of FOUR (4) ~ months, or within thirty days of acquisition of said dog, whichever occurs last. (f) Same -Renewal. The owner of any dog or cat shall have his dog or cat relicensed, as such licensing is required in subsection (c), above, annually. Such license shall be considered current for a twelve-month period from the date of issue. (g) Obtainment from licensed veterinarian. Mile-Hi rabies tags and registration certificates are only to be issued by and obtained from veterinarians currently licensed to practice veterinary medicine in the state after vaccination of tho cat 'Nith a U.S .D.A. licensed rabies vaccine. (h) New residents. New residents of the city may be issued a current Mile-Hi rabies tag and registration certificate for their cat OR DOG by a veterinarian licensed to practice in the state, upon proof of having had the cat OR DOG vaccinated for rabies by a licensed veterinarian with a current U.S.D.A. licensed rabies vaccine. (i) Nontransferability. No person shall affix to the collar or harness of any dog or cat, or permit to remain affixed, a tag evidencing licensing and vaccination except for the specific dog or cat for which the tag was assigned at the time the tag was issued. Section 5. Safety Clause . The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. 3 Section 6. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid , the validity of the remaining sections , subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 7. Effective Date . This Ordinance shall take effect on July 20 , 2013, as authorized by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to __ _ on this _ day of , 2013 , 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 , 2013, 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 , 2013 . SIGNED by the Mayor on this ___ day of _________ , 2013 . ATTEST : Janelle Shaver, City Clerk First Publication : Second Publication: Wheat Ridge Transcript Effective Date : Jerry DiTullio , Mayor Approved As To Form Gerald E. Dahl , City Attorney 4 ~~·~ ... ., City of .. ~Wheat.Ri_dge ~OLICE DEPARTMENT Memorandum TO: Patrick Goff, City Manager THROUGH: Daniel G. Brennan, Chief of Police FROM: Jim Lorentz, Division Chief Patrol Operations Division DATE: July 15 , 2013 SUBJECT: Animal Welfare and Control Commission Discussion on Use ofMeeting Facilitator City Council met with members of the Animal Welfare and Control Commission (A WCC) at the May 6 , 2013 , Study Session for a round table discussion of the A WCC duties and responsibilities. Council agreed on the following goals: 1. The City Attorney and Police Department will work together to bring the Chapter of the Code of Laws related to animals up-to-date; 2. Police Department staff will work with the A WCC to clarify policy and the role of the AWCC ; 3. The AWCC and Police Department staff will work on producing educational programs and fliers regarding animals and Code of Laws related to animals; 4 . Police Department staff will provide more back-up information to the A WCC regarding kennel applications ; 5. The Police Department will bring in a facilitator to work with the Department and AWCC on relationships and roles (this consensus vote was 5-3). Councilmernbers Davis , Jay and Reinhart agreed to use some of their outreach funds to fund a facilitator. The Police Department identified three possible facilitators. The cost of a professional facilitator varied between $3 ,000 and $5 ,000 . On May 21 , 2013 , the AWCC met for their regularly scheduled meeting. Police Department staff reviewed the five duties listed above agreed upon by Council , and provided information regarding the three professional facilitators. Members of the A WCC advised that they felt a facilitator was an unnecessary expense for the City, and that they believe they can accomplish the five goals listed above , with the help of Police Department and City Attorney's Office staff. The A WCC voted 7-0 to postpone working with a facilitator , and continue to work with the Police Department and City Attorney 's Office, if that decision is acceptable to City Council. Animal Welfare and Control Commis ion Discussion on Usc of Meeting Facilitator July 15,2013 Page 2 On June 3 , 2013 , the AWCC met in a Special Session to review an application for an Exotic Animal Permit. The permit was recommended 7-0 by the Commission. On July 1, 2013 , the AWCC met in another Special Session to discuss amending Sections 4-1 ,4- 8, and 4-30 of the Wheat Ridge Municipal Code concerning licensing of dogs and cats . The Commission reconunended that Council approve the ordinance changes 7-0. The next regularly scheduled meeting of the AWCC is July 16 , 2013. The business of the Commission is continuing with regularly scheduled meetings and appropriate Special Sessions when required. Meetings have occurred without conflict, and necessary business has been accomplished appropriately. Police Department staff requests guidance from Council on whether or not to proceed with hiring a facilitator to work with the A WCC. RECOMMENDATION: Although City Council gave specific direction on conducting facilitation between Police Department staff and members of the A WCC, the desire of the A WCC has changed. The Police Department and A WCC are optimistic that the four other goals outlined by Council can be accomplished to everyone's satisfaction without the use of a facilitator. The Police Department concurs that both sides can work together in a respectful and professional manner in the future. JL/ck ~~A# .... ~ ., . City of .. ~Wheat~dge ~OLICE DEPARTMENT Memorandum TO: Mayor Jerry DiTullio and City Council THROUGH: Patrick Goff, City Manager Daniel Brennan , Chief of Police FROM: Joseph Cassa, Division Chief Support Services Division DATE: July 15,2013 SUBJECT: Jefferson County Regional Crime Laboratory ISSUE: The Jefferson County Combined Crime Laboratory has been one of the recent regionalization efforts of the Jefferson County Law Enforcement Agencies. Tlus effort began with a multi- jurisdictional committee being formed at the direction of the Law Enforcement Agency CEO's. All of the Jefferson County Law Enforcement Agencies were invited to participate in this committee effort. Those agencies represented on the committee include the Jefferson County Sheriffs Department, Lakewood , Arvada , Golden and the Wheat Ridge Police Departments. The issue is whether or not it would be to the advantage of Jefferson County Law Enforcement Agencies to cooperate to provide a regional forensic crime laboratory in Jefferson County. Additionally, the committee was tasked to determine if the Jefferson County Law Enforcement Agencies would improve their law enforcement services to the public and relieve and supplement the state crime laboratory's forensic evidence analysis. A number of meetings were held throughout 2012 , and will continue throughout 2013. There were a number of studies conducted to determine the feasibility of a combined crime laboratory serving the needs of Jefferson County Law Enforcement Agencies and the communities they serve. PRIOR ACTION: A staff report was presented to the City Council at a study session on January 28 ,2013. After the staff presentation and a few questions asked by Council Members , the Council came to a consensus the Police Department should continue their participation in the committee, with the intent of becoming a member agency. The Jefferson County Board of County Commissioners approved the attached inter-governmental agreement on May 20 ,2013. Jefferson County Regional Crime Laboratory July 15 , 2013 Page 2 BACKGROUND: CRIME LABORATORY CONSTRUCTION The Jefferson County Sheriffs Department is remodeling and building an addition onto one of their facilities. One of the additions includes a new crime laboratory. The new laboratory includes ample work space for additional personnel and will easily accommodate a regional /combined crime laboratory. The costs for construction are being funded by Jefferson County. As of this date, the project is on schedule. According to the construction contractor's most recent schedule, the first week of April , 2014 is the expected opening week for this facility. CRIME LABORATORY STAFFING Considerable time and effort has been spent to develop the staffing plan for this laboratory. The staffing plan incorporates personnel from the Arvada and Lakewood Police Departments' crime labs , reassigning them to the new regional forensic laboratory. The current staffing plan includes the following : • March, 2014 The addition of one Jefferson County Sheriffs Office (JCSO) FTE for DNA analysis , for a total of two JCSO FTE 's conducting DNA analysis • January, 2015 The addition of one JCSO FTE for Firearms/Toolmarks analysis and com pan sons • 2016 Staffing evaluation and recommendations to be completed by the governing Board by June, 2015 CRIME LABORATORY SERVICES The regional laboratory will provide a number of services to the Police Department, when the laboratory opens . These include drug evaluation/chemistry, serology/DNA , latent print examination , and photography/video of those evidence items submitted, and the evidence collected from these items. It is currently planned to provide firearms and tool mark evaluations in early 2015. The Police Department does have an agreement with the City of Lakewood 's forensic crime laboratory, which also provides a number of services. These services include crime scene analysis and evidence collection, collection of DNA , hair and fiber analysis , footwear and tire impression collection and analysis, blood splatter interpretation , processing items for fingerprint collection , and autopsy documentation. Prior to the opening of the proposed regional lab , the analysis of these items will continue to be done by the State Crime Laboratory. FINANCIAL IMPACT: FUNDING FORMULA AND MEMBER AGENCY ASSESSMENT A study was conducted by the committee to determine the most reasonable way to complete member agency assessments. The use of a crime lab would likely be proportional to the number of crimes in each agency 's jurisdiction. The criteria used to determine member agency assessments consists of the number of sworn officers and the FBI-defined Part 1 crimes reported by each member agency for a five-year period of time. It was decided to use a five-year average format , in order for the budgeting for each agency to remain consistent, rather than generating a new Jefferson County Regional Crime Laboratory July 15 , 2013 Page 3 assessment percentage each year. The assessment for the Wheat Ridge Police Department has been determined to be: • 2014 $31 ,279.78 (A prorated portion , depending when the crime lab becomes operational , as determined by the governing Board) • 2015 $31 ,279 .78 • 2016 To be determined by the Jefferson County Regional Crime Laboratory governing Board MAJOR EQUIPMENT COSTS There are two major equipment costs involved in this project. The first is the equipment necessary to process DNA evidence. The cost of the DNA equipment is anticipated to be between $850 ,000 and $1 ,000,000. The second cost is the purchase ofthe gas chromatography-mass spectrometry (GC-MS) equipment. It is anticipated this will be approximately $150,000. The committee has set the following priority funding sources to pay for this equipment: • Construction project budget • Federal seizure dollars from the West Metro Drug Task Force • Grants , to include state and local Justice Assistance Grants • Member agencies The DNA equipment is currently planned to be paid with funds from the overall project ; and the GC-MS equipment is expected to be paid for with funds from the West Metro Drug Task Force. The furniture , fixtures , and other equipment remain on track to be paid with funds from the overall project. RECOMMENDATIONS Staff believes it is important for the City to join this effort. There continues to be discussion at the Colorado Bureau of Investigation (CBI) and the state legislature regarding the charging of fees to process evidence submitted to their forensic laboratory due to state budget funding concerns. Those fees have yet to be determined. CBI currently does complete forensic crime lab services, to include forensic evidence processing and analysis for the majority oflaw enforcement agencies throughout the state. This results in significant delays in the analysis of DNA, firearms and otl1er processing. Denver has a DNA laboratory, and communities in Larimer and Weld Counties are currently working toward a regional forensic crime laboratory. Citizens are demanding that criminals be held accountable for their crimes ; and they have high expectations when it comes to evidence processing. Through the combined laboratory project, the City will experience quicker turnaround time on the analysis of ev idence, thus providing the Police Department the opportunity to resolve active criminal in vestigations in a timelier manner. Jefferson County Regional Crime Laboratory July 15 , 2013 Page4 Reducing the amount of 'down' time waiting for forensic analysis will also be of benefit in the investigation of pattern crimes. The ability to file criminal charges in a timely manner strengthens the prosecution of criminal offenders in the criminal justice system , which aids in the closure of cases for victims of criminal activities . Staff recommends that an Intergovernmental Agreement be brought to the City Council for review and approval. ATTACHMENTS: 1. Regional Crime Lab Allocations 2. Regional Crime Laboratory IGA Sworn Staff Arvada 166 30.4% Golden 44 8.1% Lakewood 261 47 .8% Wheat Ridge 75 13 .7% TOTAL 546 1 Exhibit A Regional Crime lab Allocations -Exhibit A.xlsx NIBRS Category A Applied% 3297 24 .2% 27 .3% 557 4.1% 6.1% 8102 59 .6% 53.7% 1641 12 .1% 12 .9% 13597 1 100.0% Prepared by Jeff Shrader 04/12/2013 Total Annual Contribution $ 242,431.00 2014/2015 ~ ., c CD E .c u " ., ., c INTER-GOVERNMENTAL AGREEMENT TO ESTABLISH THE JEFFERSON COUNTY REGIONAL CRIME LABORATORY CITIES OF ARVADA, GOLDEN, LAKEWOOD, WHEAT RIDGE AND THE COUNTY OF JEFFERSON THIS INTER-GOVERNMENTAL AGREEMENT (this "Agreement") is made this 14th day of May 2013, by and between the City of Arvada, a home rule municipality under the laws of the State of Colorado with a principal location at 8101 Ralston Road, Arvada, Colorado 80001; the City of Golden, Colorado, a home rule municipality under the laws of the State of Colorado with a principal location at 911 1oth Street, Golden Colorado 80401; the City of Lakewood, Colorado , a home rule municipality under the laws of the State of Colorado with a principal location at 480 S Allison Parkway, Lakewood, Colorado 80226; the City of Wheat Ridge , Colorado a home rule municipality under the laws of the State of Colorado with a principal location at 7500 W 29th Avenue, Wheat Ridge Colorado 80033; and the County of Jefferson, a county government under the laws of the State of Colorado with a principal address at 100 Jefferson County Parkway, Golden Colorado 80401. The foregoing are also referred to herein collectively as the "Parties" or singly as a "Party." WHEREAS intergovernmental agreements to provide functions or services, including the sharing cost of such services or functions by political subdivisions of the State of Colorado, are specifically authorized by Section 29-1- 203 C.R.S. and WHEREAS, the municipalities encourage the development of regional coalitions of local governments in order to establish efficient and effective delivery of municipal services; and WHEREAS, the County of Jefferson and cities of Lakewood and Arvada currently have forensic crime laboratories which process evidence from crime scenes to aid in the detection and prosecution of criminals; and WHEREAS, recent years have seen a sharp increase in the need for forensic analysis of evidence; and WHEREAS, it will be to the advantage of all Parties and to the health , safety and welfare of the citizens of the State of Colorado, to cooperate to provide a regional forensic crime Laboratory in the County of Jefferson, enabling each Party to improve its law enforcement services for the public and to relieve and supplement the State Crime Laboratory; and Attachment 2 1 WHEREAS, all Parties are willing to share in the expense in a regional forensic crime Laboratory through this Agreement , with the County of Jefferson being the designated location for such Laboratory; and WHEREAS, this Agreement shall be considered an inter-governmental cooperation agreement pursuant to Section 29-1-203 C.R.S. for the purpose of providing a regional forensic crime Laboratory (the "Lab") available for use of each Party on a cost-sharing basis on the terms and conditions in this Agreement. The Lab shall be known as the Jefferson County Regional Crime Laboratory , or such other name as shall be mutually determined by the Parties, NOW THEREFORE, in consideration of the mutual promises and covenants herein , the Parties agree as follows: 1. Location of Lab: The Lab shall be located at 200 Jefferson County Parkway , Golden , Colorado 80401 . 2. Establishment of Board: a . There is hereby established a governing Board (the "Board") for the Lab consisting of the following : The Police Chiefs of Arvada , Golden, Lakewood and Wheat Ridge , or their authorized designee(s), and the Jefferson County Sheriff or his/her authorized designee . Each Party shall have one representative on the Board at all times . b. The Board shall act as an administrative Board with the following duties: i. Establish policies and procedures for the operation of the Lab, including without limitation, final approval of the initial outfitting and equipping of the Lab , operational schedule , policies setting forth the scope of forensic services to be provided through the Lab, policies regarding access to and prioritization of Lab resources , and personnel policies; ii. Produce an annual report with budget recommendations or any other recommendations for modification , revision or repeal of this Agreement ; iii. Make recommendations to each Party as to the terms for any additional agreements or amendments needed to effectuate this Agreement , or as to additional cost items not included in the budget set forth in Section 4 below . c. The Board Year shall be from July 1 -June 30 of each year. d. The Board shall select a Chair from its members to serve during each Board Year. All Board recommendations shall require a favorable vote 2 of a simple majority of the entire Board . Any recommendations which require physical or operating modifications to the Lab, modifications to costs assumed by the County of Jefferson under Section 6.b.ii. below , or which impact the construction of the Lab or purchase and installation of fixed equipment of the Lab by the County of Jefferson shall require the additional express approval of the Jefferson County Sheriff. e . Upon receipt of written notice of Board recommendations as to the budget , or additional agreements or amendments , each Party shall review those recommendations , with budget recommendations to be considered in time to be included in the upcoming fiscal year budget. If a majority of the Parties approve such recommendations, then all Parties to this Agreement are bound thereby so long as they remain a Party to this Agreement. 3. Lab Director a . The Board shall appoint a "Lab Director" who shall be responsible for the supervision and management of day to day operations of the Lab . The Lab Director may be an employee of any Party to this Agreement. Appointment of any individual as the Lab Director shall not affect that person's status as an employee of any of the Parties. b. The Lab Director shall serve a term as directed by the Board . The Lab Director may be removed from his or her position at any time by a simple majority of the entire Board , and shall be replaced by another person appointed by the Board upon removal. 4. Budget. Each year, the Board shall recommend a budget of itemized expenditures and revenues to each Party no later than June 30 1h of each year , including expenditures in addition to those required in Section 6, for the upcoming fiscal year of lab operations and which may include funds payable to a contingency account as set forth in Section 6.vi below. For purposes of this Agreement the fiscal year for Lab operations shall run January 1 through December 31 of each year. For fiscal years 2014 and 2015 , the Parties agree that the initial Lab budget is established effective December 31, 2012 , as shown in Exhibit A which is attached hereto and incorporated by this reference . If operations begin after January 1, 2014, for any partial year 2014 operations the proration of total contributions from each Party shall be at the discretion of the Board , and will be determined for each year no later than June 30 of the year preceding . 5. Functional Organization: Each Party's employees using the Lab shall be and remain the employees of their respective employers for all purposes, regardless of where they may be working or their presence in the Lab. Daily 3 supervision of all employees shall be the responsibility of the Lab Director. Any discipline or performance issues will be communicated by the Lab Director to an employee's respective Party. Any discipline imposed against an employee shall be the responsibility of the employing Party. All employees shall be required to follow rules for the use of the Lab which shall be promulgated by the Board. When vacancies occur within the Lab staff, the Board may make recommendations to the employing Party when filling the vacancy based upon expertise required and the employing Party 's job description . All hiring decisions will remain in the sole discretion of the employing Party. The Lab will be initially be staffed with 13 full-time employees. The Sheriff will provide eight (8) employees, the City of Lakewood four (4) employees and the City of Arvada one (1) employee. For calendar year 2015 , the Sheriff shall contribute an additional employee to the Lab. Beyond calendar year 2015 , the number of employees and need for any additional employees will be reviewed annually by the Board. Costs for salaries and benefits for any additional employees beyond the original 14 employees set forth herein will be funded fifteen percent (15%) by the Sheriff and eighty-five percent (85%) by cost contributions from the Municipal Parties as set forth in Section 6 below. At the request of any Party, the presence of any employee at the Lab shall be reviewed by the Board. 6. Costs: Costs shall be allocated between the Parties on the following basis: a. Capital costs : The design and construction of the Lab and purchasing of fixed equipment for the Lab may be determined in the sole discretion of the Sheriff. Along with the costs identified in Section 6.b.ii below, the capital costs identified in this Section 6 .a. shall constitute a contribution in-kind from Jefferson County and Jefferson County shall not be obligated to make any additional monetary contributions under Section 6.b. below. b. Additional funding for the Lab will be provided as follows: i. Following the completion of the construction of the Lab under Section 6.a., each Municipal Party shall contribute an annual dollar amount to the Lab according to the budget prepared by the Board under Section 4 above and apportioned between the Parties according to the following formula. For purposes of this Section 6.b.a "Municipal Party" is identified as all parties to this Agreement except for Jefferson County . A . Monetary contributions of each Municipal Party hereunder shall be determined on a pro rata basis using a formula based on the relative law enforcement needs of each Party . The formula shall be calculated as of December 31 of each year using the previous five (5) years of Group A crime data from 4 the National Incident-Based Reporting System ("NIBRS ") and number of budgeted law enforcement (i.e. non-detention and non-court service) officers as of January 1 for each of the applicable Parties. The total Group A crimes reported in the jurisdictions of all applicable Parties in the previous 5 years shall be divided into the respective number of Group A crimes occurring within the jurisdiction of any Party in the previous 5 years to produce that Party's NIBRS share as provided by the Federal Bureau of Investigation ("NIBRS share"). For purposes of this Agreement, Group A crimes shall be defined as set forth by the NIBRS. The total number of budgeted law enforcement officers between all applicable Parties will be divided into the number of budgeted law enforcement officers or "LEOs" for each applicable Party to produce that Party's "LEO Share ". Each Party will have a "Respect ive Contribution" that is the arithmetic mean of the NIBRS Share and the LEO share for that Party. The required contributions of each Party shall be represented by the pro rata share that reflects the Respective Contribution of that Party divided by the total of the Respective Contributions from all the Parties . B. Contributions required under this Section 6 . b . shall be paid by the Municipal Parties no later than March 1 of each year for the current fiscal year of Lab operations ii. After occupancy of the Lab , the County of Jefferson shall be responsible for 100% of the cost of the following : A . Capital costs related to repair and maintenance of the building where the Lab is located; and B . Operating costs for the building, including but not limited to electricity, heat, water, sewer, cleaning , ordinary repair and maintenance for the building itself, and other similar costs not defined herein as expressly assumed by Jefferson County, other than consumables , as set forth in Section 6.b .iiv .A. the costs for which shall be shared as determined by the Board ; and C . Cost for all risk casualty insurance , or self-insurance , for the equipment in the Lab, including the equipment transferred to the Lab from contributing agencies. 5 iii. Revenues. In the event of receipt of any state or federal grants or other revenue for the Lab by any Party, credit for such revenue shall be credited to each of the Parties on the same basis as provided for the sharing of costs in Section 6.b .i.a., above. Such credit will be allocated over the period for which the grant or revenue was received . If any local cost or funds matching is required for the grant and the Parties approve such expenditures, such costs shall be allocated to the Parties on the same basis as provided for the sharing of costs in Section 6.b.i.a., above . All credits for revenue or allocations of cost shall be made only after recommendation of the Board as set forth in Section 4 above. iv. All payments due to the County of Jefferson from the Municipal Parties for sharing of Lab costs as set forth in this Agreement including but not limited to payments required under Section 6.b above or elsewhere in this Agreement shall be paid to: Jefferson County Accounting, 100 Jefferson County Parkway, Golden, Colorado 80401 v. Capital Equipment. In the event that the Board determines that the Lab requires specialized capital equipment , including but not limited to firearm ballistics and DNA analysis equipment, the Parties will cooperate to seek grant funds or funds from the Parties to purchase such capital equipment. For any particular acquisition of capital equipment, the Parties may deviate from the cost sharing formula set forth in Section 6.b.i.a., above with the written approval of the Board. vi. Contingency Expenses. By decision of the Board, the Parties may be required to pay additional money to fund the Lab to serve as a Contingency Account. Any required contributions from the Parties for the Contingency Account shall be submitted to the Parties in the annual budgetary submittal required by Section 4.b above. Any expenditure from the Contingency Account for expenses not included in the annual budget must be approved by the express decision of the majority of the Board. vii. Operating Costs. Except as otherwise provided herein, all ongoing operating costs for the operation of the lab shall be included in the annual budget required by Section 4 above and funding for such operating costs shall be drawn from the annual contributions of the Parties required hereunder. All operating costs shall be held in an appropriate account at the discretion of the County of Jefferson in accordance with 6 Section 6 .c. below. For purposes of this section, Operating Costs shall include all accreditation costs and consumables as set forth below: A. Consumables properly included as Operating Costs shall include: costs for repair and maintenance of capital equipment, purchase of office and laboratory supplies supplies, costs for DNA testing, and any other consumable costs approved by a vote of the majority of the Board. B. Consumables not properly included as Operating Costs shall include: travel expenses for Party employees, and costs for hiring outside experts, which costs shall be borne by the employing or investigating Party, respectively. c. Account Administration: All financial matters, including but not limited to accounting and purchasing, relating to Lab Operations shall be managed by the Jefferson County Sheriffs Office Business Office. The Business Office will manage all payments and revenue related to Lab business and will manage all accounts related to the funding of the Lab in accordance with Jefferson County policies and procedures. 7. Property: All capital equipment and personal property used in the Lab shall be and remain the property of the County of Jefferson regardless of the source of financing. The final disposition of any such property determined to be surplus to the Lab shall be within the discretion of, and subject to, the procedures of the County of Jefferson. This section specifically excludes capital equipment donated to or purchased for the Lab by a Party under Section 6.b .v. above, which may revert to the donating or purchasing Party if approved by the Board . 8. Liability: Each Party shall be responsible for the acts and omissions of its own employees assigned to the Lab and its employees performing services for the Lab , and shall not be responsible for the acts or omissions of any other Party's employees. Nothing contained herein shall be deemed a waiver of any rights, defenses , or immunities provided by the Colorado Governmental Immunity Act, 24-10-101 et. seq., C.R.S. or otherwise provided by law . Nothing contained herein shall be construed to make any employee of any Party an employee of any other Party for liability purposes or for any other purposes. 9. Insurance. The Parties agree to provide at their own expense, keep in full force and effect during the term of this Agreement, and during the term of any extension or amendment of this Agreement, insurance in the amounts provided in Exhibit B which is attached hereto and incorporated herein by this 7 reference. Each Party agrees to name the other parties as an additional insured for purposes of insuring operations related to the Lab . 10. Worker's Compensation, Independent Contractors Parties shall , at their own expense, keep in full force and effect during the term of this Agreement statutory worker's compensation insurance or adequate self- insurance funds. Nothing in this Agreement shall be construed to affect the employment status of any employee or independent contractor of either Party in any way. Each Party is solely responsible for its own necessary workers' compensation insurance and shall be responsible for withholding and paying all federal and state taxes. The Parties and their employees are not entitled to unemployment insurance benefits from the other Parties . 11.Term: This Agreement becomes effective on July 1, 2013 and shall remain in effect for an initial term of six (6) months , unless earlier terminated by mutual agreement of all Parties. Thereafter , the Agreement shall automatically renew for successive one (1) year terms from January 1 to December 31 of each successive year unless terminated in accordance with section 12 , or parties withdraw under the terms of section 12 below. Notwithstanding anything else contained herein , forensic or other investigatory operations at the Lab shall not commence until the Jefferson County Sheriff approves occupancy of the Lab facility. During the Term of this Agreement before such date , the activities of the Lab and the Governing Board shall be limited to proactive planning activities including but not limited to rulemaking , personnel matters , financial matters , and any other matters requiring the agreement of the Parties or the Governing Board prior to the start of operations at the Lab . 12. Termination and Withdrawal: a. Any Party may withdraw from this Agreement with or without cause upon no less than six (6) months prior written notice to each of the members of the Board . Notwithstanding a Party's withdrawal , the withdrawing Party shall continue to be liable for its share of all costs incurred hereunder prior to receipt of not ice of withdrawal until such liabilities are paid in full. Upon withdrawal by any Party hereunder , the remaining Parties shall reapportion the required contributions for continued operations of the Lab amongst the remaining Parties according to the formula contained in Section 6.b .i.a ., above . b. This Agreement shall not be construed to create a multiple year fiscal obligation for any of the Parties. The payment of Party obligations hereunder in fiscal years subsequent to the year of execution are contingent upon the annual appropriation of funds for this Agreement by a Parties legislative body . If funds for this Agreement are not appropriated in the year subsequent to any fiscal year of this Agreement a Party may withdraw from this Agreement. Such withdrawal shall not impose any penalty against 8 the withdrawing Party in the event of a failure to appropriate sufficient funds. Upon withdrawal by any Party hereunder, the remaining Parties shall reapportion the required contributions for continued operations of the Lab amongst the remaining Parties according to the formula contained in Section 6 .b .i.a ., above . c . Upon the unanimous agreement of the Parties , this Agreement may be terminated in full at the end of any Lab operations fiscal year. In order to effectuate such termination, the Board must give each Party at least six (6) months' notice of the desire to terminate this Agreement. Upon termination under this subsection (c), all capital equipment shall remain the property of Jefferson County except as otherwise approved by the Board as set forth herein. All Lab funds shall be distributed amongst the Parties upon termination hereunder on a pro rata basis in accordance with shares determined by the contribution formula in Section 6.b.i.a ., above . d . In the event that any Party defaults on a payment or any other financial obligation hereunder, the County of Jefferson shall provide written notice to the defaulting Party, with a copy to all Board members , of the nature of the default and the defaulting Party shall have thirty (30) days from the receipt of such notice to cure such default. If such default is not cured within the 30 days, then the defaulting Party shall be prohibited from any further use of the Lab and may be deemed by the Board to have terminated its participation under this Agreement. Upon a determination by the Board hereunder that a Party has terminated its participation, the Board shall deliver written notice of such termination to the defaulting Party which termination shall be effective immediately upon receipt. By the unanimous decision of the Board, any defaulting Party may re-join the Lab as a Party at a later date provided any outstanding default has been cured. Upon termination of any party hereunder, remaining Parties shall reapportion the required contributions for continued operations of the Lab amongst the remaining Parties according to the formula contained in Section 6.b .i.a., above . e . In the event of termination of this Agreement for any reason , all evidence located at the Lab shall be returned to the Party which supplied said evidence. 13.Additional Parties: The Parties understand and agree that additional towns, municipalities or counties , including without limitation those served by the Jefferson County Sheriff, (each, an "Additional Entity") may wish to join this Agreement. The Board must prov ide unanimous approval of an Additional Entity as a precondition to any Additional Entity joining this Agreement as a Party. If the governing body of an Additional Entity approves its participation as a Party to the Agreement, prior to becoming a Party entitled to use the Lab, the Additional Entity must first pay a sum as determined by the Board . 9 Thereafter , all cost sharing will be recalculated prospectively to include any Additional Entity or Entities based the formula provided in Section 6.b.i.a ., above . 14. Entire Agreement: This Agreement constitutes the entire agreement between the Parties and supercedes all other prior and contemporaneous agreements , presentations and understandings of the Parties regarding the subject matter of the Agreement. No supplement , modification or amendment of this Agreement shall be binding unless executed in writing by all the Parties . 15. Colorado Law: This Agreement shall be governed solely by the laws of the State of Colorado . Venue for any litigation shall be in the District Court of the County of Jefferson , Colorado. 16. Severability: If any term , covenant, or condition of this Agreement is deemed by a court of competent jurisdiction to be invalid , void or unenforceable , the remaining provisions of this Agreement shall be binding upon the Parties. 17. Binding Agreement; Survival of Terms: a . Notwithstanding withdrawal of any Party 's participation hereunder under Section 12 a. above , mutual termination under Section 12 . c. above , or termination for default under Section 9 .. d . above , the withdrawing or terminated Party shall continue to be liable to the County of Jefferson for its share of the costs of the Lab as provided in Section 6 , and for any outstanding, unpaid liability for equipment purchased for the Lab under Section 6, or any other liabilities incurred prior to receipt of notice of withdrawal of that Party 's participation or termination for default. These liabilities shall survive termination or expiration of the Agreement in whole or in part and shall remain a binding obligation of each Party until paid in full. In addition to the foregoing , the obligation of each Party under Sections 9 and 10 (Indemnification and Insurance) shall survive termination or expiration of this Agreement , or that Party 's participation hereunder. All other costs owed by that Party under this Agreement shall be immediately due and payable within thirty (30) days of the last day of that Party 's participation in this Agreement. b. Except as set forth in Section 7. no Party , other than the County of Jefferson , shall have any ownership in the Lab facility or its equipment. c. Without lim iting the provisions of Section 15 , the Parties understand and agree that this document constitutes a legally enforceable contract and that in the event any Party defaults on its financial obligations hereunder , any one or all of the Parties not in default may enforce the terms of this Agreement. 10 18. Authority: By executing this Agreement, each Party warrants that the representative signing below has been duly authorized by all appropriate actions of that Party's governing body to enter into and execute this Agreement, and that this Agreement represents a legal, valid and binding obligation of each Party, enforceable upon it in accordance with its terms and by application of equitable principles if equitable remedies are sought, except as enforceability may be limited by applicable bankruptcy or similar laws. 19. Execution by Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Electronic or facsimile delivery of a fully executed copy of the signature pages below shall constitute an effective and binding execution of this Agreement. [Signatures appear on the following pages.) 11 Assistant County Attorney STATE OF COLORADO COUNTY OF JE F F E RSON STATE OF COLORADO ~ N~ier Tide: Chairman, Board of County Commissioners COUNTY OF JEFFERSON . (li. The foregoing instrument was acknowledged before me this v?o-''day of cdJti£..,,1 ___ , 2013 by Donald Rosier as the Chairman of the Board of County Commissioders of of Jefferson County, Colorado. JANICE M FREDRlCKSEN NOTARY PUBUC STATEOf~= Ho\8rY 10 1~05123no15 t11y eommtrston ExpifM Notary Public W~3) 2CJIS=:: Commission expiration date 12 CITY OF WHEAT RIDGE STATE OF COLORADO Name: Title: ATIEST: Name: Title: City Clerk 13 C ITY OF ARVADA STATE OF COLORADO Name: Title: ATIEST: Name: Title: City Clerk 14 CITY OF GOLDEN STATE OF COLORADO Name: Title: ATTEST: Name: Title: City Clerk 15 Commissioner Tighe moved that the following Resolution be adopted: BEFORE THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF JEFFERSON STATE OF COLORADO RESOLUTION NO. CC13-188 RE: Sheriff-Intergovernmental Agreement-Jefferson County Sheriff's Office, Lakewood Police Department, Arvada Police Department, Golden Police Department and Wheat Ridge Police Department to Regionalize Forensic Crime Laboratory Services Resolved that the Board of County Commissioners hereby approves an intergovernmental agreement between the Jefferson County Sheriff's Office, Lakewood Police Department, Arvada Police Department, Golden Police Department, and Wheat Ridge Police Department to regionalize forensic crime laboratory services for Jefferson County law enforcement agencies. Commissioner Griffin seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Casey Tighe Commissioner Faye Griffin Commissioner Dona·ld Rosier, Chairman Aye Aye Excused The Resolution was adopted by majority vote of the Board of County Commissioners of the County of Jefferson, State of Colorado . Dated: May 14, 2013 ~~A~ ... ~ -r City of • .. fP!:Wheat&9ge ~DM I N I STRAT J VE SERV ICES Memorandum TO: Mayor and City Council FR O M: Patrick Goff, City Manager DATE: July 15 , 2013 SUBJECT : Sales and Use Tax Ballot Initiative Update City Council directed staff to move forward with a ballot initiative requesting a 1% increase to the City sales and use tax rate . This increase would generate approximately $6 million dollars in additional revenue annually to fund general operating expenses and capital improvement projects. In June, I provided Council with a timeline for approval ofballot language and had preliminary discussions regarding the messaging strategy for presenting the ballot question to residents. The following is the timeline for approving ballot language based on the Jefferson County election calendar: August 2n d-Ballot language from MDKR due for packet August 1 ih -Ordinance on 1st Reading August 26th -Ordinance on 2nd Reading September 6th -Ballot language due to County Clerk September -November s•h , Campaigning (Non-City sponsored activities) Attached for your review is a draft of the ballot language for the proposed sales tax increase. Because this ballot question is subject to TABOR requirements , most of the language in the draft is non-negotiable, but the bulleted points can be changed or deleted . Staff would like feedback on the draft language to ensure it reflects Council's intent for the use of increased revenues. The current language has been reviewed and approved by the City attorney. Also included for your review is a list of talking points based on Council feedback at the June 1 ih Study Session. These talking points reflect Council 's desire to focus on the need for substantial investment into the community's infrastructure, the desire to maintain a low overall tax burden for residents and businesses and the desire to ensure a financially sustainable community providing quality services to the community. Staff would like feedback on the talking points so changes can be made prior to the district meeting scheduled for July 29th . PG/nm ATTACHMENTS : 1. 2013 Sales and Use Tax Increase Ballot Question DRAFT 2 . 2013 Sales and Use Tax Talking Points DRAFT DRAFf LANGUAGE FOR BALLOT QUESTION SHALL CITY OF WHEAT RIDGE TAXES BE INCREASED $6 .0 MILLION ANNUALLY IN THE FIRST FULL YEAR, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY IN EACH SUBSEQUENT YEAR, WHICH REVENUES SHALL BE USED TO INVEST IN THE COMMUNITY TO IMPROVE AND ENHANCE THE QUALITY OF LIFE OF WHEAT RIDGE RESIDENTS AND SECURE THE CITY 'S FINANCIAL FUTURE THROUGH , BUT NOT LIMITED TO THE FOLLOWING: • ROAD CONSTRUCTION AND MAINTENANCE TO PROVIDE A SAFE AND PEDESTRIAN FRIENDLY TRANSPORTATION SYSTEM • REVITALIZATION EFFORTS TO ENSURE THE CITY IS FISCALLY SOLVENT IN THE LONG-TERM • TECHNOLOGY IMPROVEMENTS FOR MORE EFFICIENT GOVERNMENT OPERATIONS THROUGH AN INCREASE TO THE CITY'S SALES AND USE TAX RATE OF ONE CENT ON EACH ONE DOLLAR PURCHASE, OR 1 PERCENT (1.0 %) AND SHALL THE CITY BE PERMITTED TO COLLECT AND SPEND THE REVENUES FROM SUCH INCREASE WITHOUT REGARD TO THE LIMITATIONS OF ARTICLE X , SECTION 20 OF THE COLORADO CONSTITUTION? Attachment 1 Sales and Use Tax Ballot Talking Points • The sales tax increase represents just one cent on the dollar. • We estimate that 50% of the sales tax increase will be collected from non- residents travelling through the City. We want to capture the benefits of our access to 1-70 and the additional traffic we continue to see on Wadsworth and Kipling Boulevards. • We have proven ourselves to be fiscally responsible, with year-end surpluses and zero debt. • We need a new revenue source to leverage our current funding. • It 's time we talk about reinvesting in our services . • It is important our residents w1derstand that unless we do something to encourage economic development it is going to pass us by. New business means additional business activity which is good for our existing businesses. This is good financial planning. • New retail establishments won't come to Wheat Ridge unless we have the adequate infrastructure in place. • Infrastructure maintenance is a CORE function of the City and we are fa11ing behind. • We want to maintain a low overall tax burden for our homeowners and businesses. • Homeowners and businesses in Wheat Ridge pay lower property taxes than most communities in Colorado (Metro Avg. 7.044 mils , Wheat Ridge, 1.830 mils). • Total tax burden in Wheat Ridge will sti11 be relatively low compared to other communities. • Building a Better Future for Wheat Ridge. Attachment 2