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Home My WebLink About09/13/2004 6:30 p.m. Pre-Meeting ~\t~~l1~~\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING September 13. 2004 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF AUQust 23.2004 PROCLAMATIONS AND CEREMONIES (;- 0 ~~J ,. . Ii I \ , ~~ ClV?v tv\ IY'J Stepfamily Day - September 16, 2004 Constitution Week - September 17 - 23 CITIZENS' RIGHT TO SPEAK 1. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard APPROVAL OF AGENDA Item 1. Consent AQenda: A. Award ITB-04-023 Estes-Carr Major Street Improvement Project. B Award ITB-04-029 2004 Miscellaneous Drainage Improvement Project. C Award RFB-04-030 Traffic Signal Equipment Purchase \/(0 CITY COUNCIL AGENDA. September 13, 2004 Page -2- ORDINANCES ON FIRST READING Item 2. .~\) COUNCIL BILL 19-2004 - AN ORDINANCE AMENDING ORDINANCE 973, SERIES 1994, CONCERNING CABLE TELEVISION CUSTOMER SERVICE STANDARDS DECISIONS. RESOLUTIONS. AND MOTIONS Item 3. ./\( CJ Item 4. /y() Item 5. ;y\J RESOLUTION 23-2004 - AMENDING THE FISCAL YEAR 2004 BUDGET AND AWARD OF RFP-04-026 TO WINDSTON ASSOCIATES FOR PREPARATION OF A NEIGHBORHOOD REVITALIZATION STRATEGY RESOLUTION 24-2004 - AMENDING THE FISCAL YEAR 2004 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION FOR CITY CLERK AND CITY TREASURER SALARIES RESOLUTION 25-2004 - AMENDING THE FISCAL YEAR 2004 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION TO PROVIDE FOR UTILIZATION OF CDBG FUNDS FOR THE CARR- ESTES STREET IMPROVEMENT PROJECT Item 6. 1y'G Cultural Commission Appointment. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO AUQust 23, 2004 Mayor Cerveny called the Regular City Council Meeting to order at 7'00 p m Councilmembers present: Karen Adams, Karen Berry, Jerry DiTullio, Lena Rotola, Wanda Sang, Larry Schulz, and Mike Stites Dean Gokey is absent due to a personal schedule conflict. Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, City Attorney, Gerald Dahl; Director of Administrative Services, Patrick Goff; Director of Community Development, Alan White, staff; and interested citizens. APPROVAL OF MINUTES OF AUQust 9,2004 Motion by Mr. DiTullio for the approval of the Minutes of August 9, 2004, seconded by Mr Schulz and Mrs. Sang, carried 7-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny read and presented the Proclamation for theTown of Mountain View Centennial Celebration - August 1904-2004 to Mayor Pro tem and Town Council Member, Carol Gilbert, and Centennial Celebration Committee member, Jenny Crisman Item 1. Consent AQenda: A. RESOLUTION 18-2004 - AMENDING THE FISCAL YEAR 2004 BUDGET TO REFLECT ACCEPTANCE OF THE LOCAL LAW ENFORCEMENT BLOCK GRANT B RESOLUTION 17-2004 - AMENDING THE FISCAL YEAR 2004 POLICE INVESTIGATION FUND (17) BUDGET TO REFLECT THE APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION FOR THE PURCHASE OF A DIGITAL IMAGING MUG SHOT SYSTEM AND NEW EVIDENCE SHELVING CITY COUNCIL MINUTES August 23, 2004 Page -2- C. RESOLUTION 20-2004 - AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF JEFFERSON REGARDING THE ADMINISTRATION OF RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE COORDINATED ELECTION TO BE HELD ON NOVEMBER 2, 2004 D RESOLUTION 21-2004 -AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF JEFFERSON REGARDING THE PRODUCTION OF A MAILED NOTICE CONCERNING BALLOT ISSUES (TABOR) E. RESOLUTION 19-2004 - AN ASSIGNMENT AGREEMENT AUTHORIZING ASSIGNMENT OF THE CITY'S PRIVATE ACTIVITY BOND ALLOCATION TO THE COLORADO HOUSING AND FINANCE AUTHORITY F Reappointment of Municipal Judges G Approval of Extended Service Contract. Consent Agenda was introduced and read by Ms. Berry Motion by Ms Berry for the approval of the Consent Agenda, seconded by Mrs Rotola and Mr Schulz; carried 7-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 16-2004 - AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS PERTAINING TO NUISANCES Council Bill 16-2004 was introduced on second reading by Mr. DiTullio Mr DiTullio read the executive summary City Clerk Pam Anderson assigned Ordinance No 1331 City Attorney Gerald Dahl presented the staff report. Motion by Mr DiTullio to approve Council Bill 16-2004 (Ordinance No 1331) on second reading, and that it takes effect 15 days after final publication; seconded by Mrs Sang, carried 7-0 Item 3. COUNCIL BILL 17-2004 - AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 2, 2004 ELECTION, CONCERNING AN INCREASE IN THE SALES AND USE TAX. Council Bill 17-2004 was introduced on second reading by Mrs. Adams City Clerk Pamela Anderson read the executive summary and assigned Ordinance No. 1332 CITY COUNCIL MINUTES. August 23, 2004 Page -3- Motion by Mrs. Adams to approve Council Bill 17 -2004 (Ordinance 1332) on second reading, and that it take effect immediately upon adoption on second reading, seconded by Mr DiTullio and Mrs Sang, carried 7-0 Item 4. PUBLIC INPUT ON 2005 BUDGET. Mrs. Sang introduced the item and Mayor Cerveny opened the public hearing Senator Moe Keller testified on behalf of the Wheat Ridge Carnation Festival committee She thanked Council for the City's support, both financial and in-kind She said that she hoped that City Council will continue to support the festival in up-coming budget deliberations and discussions She asked that an item regarding the festival be put on the October Study Session and that an engaging dialogue ensue regarding use of man power, financing, etc. ORDINANCES ON FIRST READING Item 5. COUNCIL BILL 18-2004 -AN ORDINANCE VACATING, IN PART, A DRAINAGE EASEMENT, AND IN CONNECTION THEREWITH, APPROVING AN AMENDMENT TO THE RECORDED DRAINAGE AND FLOOD CONTROL EASEMENT. Council Bill -2004 was introduced on first reading by Mr Stites. Motion by Mr Stites to approve Council Bill 18-2004 on first reading, ordered published, public hearing set for Monday, September 27,2004, at 700 p m in the City Council Chambers, and that it take effect 15 days after final publication, seconded by Mrs Sang and Mrs Rotola. Motion by Mr DiTullio to amend the motion that if so needed the City Manager's Office would schedule a facilitation or mediation meeting with the neighborhood for this project before the public hearing, seconded by Mrs. Sang; carried 7-0 Original motion as amended carried 7-0. CITY COUNCIL MINUTES' August 23, 2004 Page -4- DECISIONS, RESOLUTIONS, AND MOTIONS Item 6. RESOLUTION 22-2004 - AMENDING THE FISCAL YEAR 2004 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION FOR PROVIDING CONTRACT BUILDING INSPECTION SERVICES Resolution 22-2004 was introduced by Mr. Schulz and he read the executive summary Motion by Mr. Schulz to approve Resolution 22-2004, a budget supplemental appropriation from the General Fund undesignated reserves in the amount of $32,500 to Acct. No 01-122-700-704 for contract building inspection services, seconded by Mrs Sang; carried 6-1 with Mr DiTullio voting no CITY MANAGER'S MATTERS Mr Young thanked staff and Council for their contribution and participation in the Carnation Festival CITY ATTORNEY'S MATTERS Mr Dahl asked that Mr DiTullio make a motion to go into executive session for the purpose of advising Council on the legal question of the ability of the City to create special financing districts and funding and financing mechanisms for public improvements. ELECTED OFFICIALS' MATTERS Mayor Cerveny thanked everyone who worked so hard on making the Carnation Festival a success The Parade had 110 entries. The fireworks were better than ever The Town Meeting was a huge success Mr. DiTullio, Mrs Sang, and Mrs. Rotola thanked everyone who came to the Town Meeting. Mr DiTullio thanked Patrick Goff and Debbie Meixner for working on that. Mrs. Adams thanked Lutheran Hospital for their partnership with the City and sponsoring the Mayor's Reception on Thursday night. CITY COUNCIL MINUTES August 23, 2004 Page -5- Mr. Schulz thought the Town Meeting was wonderful and very informative Mrs Rotola thanked everyone in District IV who cut their weeds It looks absolutely wonderful. Keep up the good work. Motion by Mr. DiTullio to go into Executive Session for a conference with the City Attorney under Charter Section 5 7(b)(1) and Section 24-6-402(4)(B), C R.S , specifically the ability of the City to create Special Financing Districts and the mechanisms for funding such districts, and financing of public improvements I further move to adjourn the Council meeting at the conclusion of the executive session, seconded by Mrs Rotola; carried 7-0. EXECUTIVE SESSION WAS HELD. Meeting adjourned at the close of executive session at 8 37 P m APPROVED BY CITY COUNCIL ON SEPTEMBER 13, 2004 BY A VOTE OF _ to_ Wanda Sang, Council President The preceding Minutes were prepared according to S47 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. Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions PROCLAMATION srEPFAMIL y DAY 2004 SEPTEMBER 16 WHEREAS, in Colorado, Stepfamily Day is enhanced by our strong commitment to support the stepfamilies of our nation in their mission to raise their children, create strong family sfructures to support the individual members of the family, instill in them a sense of responsibility to all extended family members. WHEREAS, approximately half of all Americans are currently involved in some form of stepfamily relationship and it is the vision of the Stepfamily Association of America that all stepfamilies in the United States be accepted, supported and successful. WHEREAS, Colorado has been blessed by the thousands upon thousands of loving stepparents and stepchildren who are daily reminders of the joy, trials, and triumphs of the stepfamily experience and of the boundless love contained in the bond between all types of parents and children WHEREAS, in Colorado, Stepfamily Day is a day to celebrate the many invaluable contributions stepfamilies have made to enriching the lives and life experience of the children and parents of America and to strengthening the fabric of American families and society. NOW, THEREFORE BE IT RESOLVED THAT, the City of Wheat Ridge does hereby proclaim September 16, 2004 to be designated as STEPFAMIL Y DA Y 2004. IN WITNESS WHEREOF, I have hereunto set my hand and Seal of the City of Wheat Ridge this 13th day of September, 2004 ~Ie~ --. -":,"'" .-= '.- "i-,)", ~;t:'_,,-h:;';';.';,. ;~~:~~,~. ~s,_~..;".~~' -~--- -., ...'1;0; - ", "'-"~"-:'''-.<.-< ;a,/,'~' -,"';'.. .h.. CONSTITUTION WEEK September 17th _23rd 2004 WHEREAS, September 17, 2004 marks the 217th Anniversary of the drafting of the Constitution of the United States of Amenca by the Constitutional Convention; and WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebration which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designatmg September 17th through the 23rd as Constitution Week; NOW, THEREFORE I, Gretchen Cerveny by the authority vested in me as the Mayor of the City of Wheat Ridge in the State of Colorado, do hereby proclaim the week of September 17th through the 23rd CONSTlTUTlON WEEK. AND ask our citizens to reaffirm the ideals that the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. IN WITNESS WHEREOF, I do hereby set my hand and Seal of the City of Wheat Ridge this day of September, 2004. Gretchen Cerveny, Mayor Pamela Y Anderson, City Clerk ITEM NO: \. A I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: September 13,2004 TITLE: AWARD ITB-04-023 ESTES-CARR IMPROVEMENT PROJECT MAJOR STREET o PUBLIC HEARING [g] BIDS/MOTIONS D RESOLUTIONS o ORDINANCES FOR I ST READING (Date: _) o ORDINANCES FOR 2ND READING Quasi-Judicial. o Yes ~ No EXECUTIVE SUMMARY: The Estes-Carr Street Improvement Project will reconstruct 46th A venue from Everett Street to Carr Street and the southern portion of Carr Street between 46th Avenue and 1-70 South Frontage Road. The project scope includes reconstruction of the failing streets due to very poor drainage, which has resulted in distorted curblines and failed pavement sections. This is phase one of a multi-phase project which will address the streets in the subdivision. On August 24, 2004, eight (8) bids were received. The apparent lowest bidder was American West Construction, LLC, Denver, CO in the amount of $528,822.65 Their bid met all of the bid requirements. References and experience were evaluated by Public Works. Staff recommends award of the project to the lowest responsive and responsible bidder, American West Construction, LLC in the bid amount of$528,822.65. COMMISSlONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Bids for the Estes-Carr Major Street Improvement Project, #S-02-04, were opened on Tuesday, August 24,2004. Eight (8) bids were received. The bids were comprised of three parts; base bid, alternate bid 1 and alternate bid 2. The base bid provided for reconstruction of street, sidewalk and storm sewer laterals on 46th Avenue from Everett Street to Carr Street. Alternate 1 will reconstruct street, sidewalk and install storm sewer for the southern half of Carr Street between approximately 46th A venue and 1-70 South Frontage Road. Alternate 2 would reconstruct the same for the northen half of Carr Street. The base bids ranged from $433,333.70 to $524,363.75 and alternative bids 1 and 2 ranged from $89,04300 to $117,46900 and from $99,355.00 to $127,208.00 repsectively. The Engineer's Estimate for the base bid, alternate 1 and alternate 2 were $534,584.69, $99,742.60 and $111,156.86 respectively. Staff recommends awarding the base bid and alternate I only, due to budget constraints. Therefore, the reconstruction of the northern half of Carr Street, defined as bid alternate 2, will be postponed until next year. The lowest responsible and responsive bidder, American West Construction, Denver, CO has met the bid and qualification requirements. Based upon the contractor's demonstrated capabilIties and experience, Staff recommends award to American West Construction. A 10% contingency amount of $52,882.27 is requested to allow for the cost of unantIcipated Items related to the project. AL TERNA TIVES CONSIDERED: No award and Estes-Carr Major Street Improvement Project will not be accomplished. FINANCIAL IMPACT: Funding for this program has been approved in the 2004 Capital Improvement Program budget as the 46th Ave.-I-70, Estes-Carr Major Improvement Project line item in the amount of $650,000.00. $238,243.00 was previously authorized from this account to pay for the design service of these improvements. A CIP budget admendment is also requested for this project under a separate document to accept the award of$184,912 in CDBG (Community Development Block Grant) funds for this project. CDBG revenues will be increased from $40,000 to $184,912 and the 46th A ve.-I-70, Carr-Estes Major Improvement line item in the Expenditures section be increased from $650,000 to $834,912. RECOMMENDED MOTION: "I move to award ITB-04-023, Estes-Carr Major Street Improvement Project, #S-02-04 to American West Construction, Denver, CO in the bid amount of $528,822.65. I further move that a contingency amount of $52,882.27 be approved. I further move that the director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $581,704.92. I further move that all costs associated with this contract be paid from account number 30-303-800- 846, 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 ofITB-04-023 Estes-Carr Major Street Improvement Project for the following reason( s) " Initiated by: Report Prepared by: Reviewed by: Steve Nguyen, Engineering Manager Tim Paranto, Director of Public Works Linda Trimble, Purchasing Agent Attachments: 1. 2004 Capital Improvement Program Description 2. Project Location Map \ 4. I I \ Justification: Kipling Street does not have continuous sidewalks allowing pedestrian travel within this portion of the Hotel/Motel district. 46th Ave.-170, Estes-Carr Major Street Improvement 2004 Budget $650,000 Description: This project consists of installation of storm sewer and reconstruction of the street section This is the first of a multi-year program for the area. Justification: This neighborhood has very poor drainage, which has resulted in distorted curblines and failed pavement sections. 5. Public Improvements Projects, Development Driven 2004 Budget: $75,000 Description: Up-coming developments may require City-financed street improvements. Justification: Contingent funding should be provided for special project needs. 6. Street Light Installation 2004 Budget: $5,000 Description: Installation of new streetlights requested by citizens or recommended by the department and approved by the City. Justification: New street lighting is provided to accommodate areas of the City which require additional lighting for safety or as otherwise justified by the City. 7. Street Preventative Maintenance Projects 2004 Budget: $1 ,100,000 Description: The annual street preventative maintenance work and costs are as follows: Concrete replacement area. Northwest area of the City between 1-70 and Kipling St. from Clear Creek north to City limits $ 400,000 Asphalt patching and overlay area. Arterial and collector streets, residential streets in southwest area west of Kipling and south of 38th Avenue. $ 350,000 Crack sealing and slurry sealing area: Capital Improvement Program Public Works Page 3 ATTACHMENT 1 ------- 'Z uJ m b [ ~ - ti 1 t i uJ ee ,. 'en ( t- ee - 0 to .q- -, '" ~ uJ r- - (j) r- 0 . uJ \ --") 0 0:: ..-- 0- ITEM NO: --hJ3 I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: September 13, 2004 TITLE: AWARD ITB-04-029 2004 MISCELLANEOUS DRAINAGE IMPROVEMENT PROJECT o PUBLIC HEARING [2J BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicial: o Yes L8J No EXECUTIVE SUMMARY: The 2004 Drainage Improvement Project will address two deficient segments of open storm sewer at Manwaring Field and improve the drainage outfall at the 4200 block of Hoyt Court. On August 24, 2004, six (6) bids were received. Levi Contractors Inc., Henderson, CO, was the apparent low bidder in the total amount of$67,601.00. Their bid met all of the bid requirements and their references and experience were checked by the Public Works Department. Staff recommends award of the project to the lowest responsive bidder, Levi Contractor, Inc., in the amount of $67,601.00. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Bids for the 2004 Drainage Improvement Project, #D-Ol-04, ITB-04-029, were opened on Tuesday, August 24, 2004 at 2.00 p.m. Six (6) bids were received. The bids ranged from $67,601.00 to $96,906.00. The Engineer's Estimate was $89,286.07. The lowest responsible and responsive bidder, Levi Contractors Inc., Henderson, CO, has met the bid and qualification requuements. Based upon the contractor's demonstrated capabilities and experience, Staff recommends award to Levi Contractors, Inc. A standard 10% contingency of $6,760.10 is requested to allow the approval of unanticipated items related to the project. ALTERNATIVES CONSIDERED: No award and the 2004 Miscellaneous Drainage Improvement Project will not be accomplished. FINANCIAL IMP ACT: Funding for this program has been approved as the Drainage Improvements Project line item of the 2004 Capital Improvement Program budget in the amount of $1 00,000.00. RECOMMENDED MOTION: "I move to award ITB-04-029, 2004 Miscellaneous Drainage Improvement Project, #D-O 1-04 to Levi Contractor Inc., Henderson, CO in the amount of $67,601.00. I further move that a contingency of $6,760.10 be established. I further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $74,361.10. I further move that all costs associated with this contract be paid from account number 30-302-800- 833, 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 ofITB-04-029 2004 Misc. Drainage Improvement Project for the following reason(s) " Initiated by: Report Prepared by: Reviewed by: Steve Nguyen, Engineering Manager Tim Paranto, Director of Public Works Linda Tnmble, Purchasing Agent Attachments: 1. 2004 Capital Improvement Program Description 2. Project Location Map DPW DRAINAGE 1. Local Drainage Projects 2004 Budget:$100,OOO Description: The project will correct isolated drainage problems at various locations throughout the City The corrective work performed under this project is limited to eliminating street drainage conditions which cause unsafe conditions for vehicular and pedestrian traffic, damage to structures and property and potential damage to the public street system. Work at specific locations is prioritized according to the magnitude of the problem and as many problems as possible will be corrected within the project budget. Project(s) scheduled for 2004 are as follows: 1. Manwaring Field storm sewer improvements Justification: Isolated street drainage problems, which are causing unsafe conditions for vehicular and pedestrian traffic, damage to structures and property and potential damage to the public street system, have been identified by property owners and the Department of Public Works. These problems occur as a result of inadequate drainage conditions within the public right-of-way, which are the responsibility Capital Improvement Program Public Works Page 1 ATTACHMENT 1 I- a UJ ""') o a: CL I- Z UJ :::ii UJ > o a: CL ~ UJ Cl <( z <( a: o <.) C/) ~ 'V o o C\l ~ -' >lJJIiJ "'- 10 ill~:J,\3 I~ cL "'- W -' u ~m~ lor i~ 15 ~J""'OlJ I I 15 N051~~ 101 15 N051~~ l I 15 ONIf1~ I~ 15 ONIfllOH 15 ONlf1~ 01 J~ ] ~ I 15 lAOH 15 JONJONJdJONI IV "" '< '" ;- ;- ~ Iii :; 15 N051llJr 15 ONlldl~ r' ~~, I -' "'- r f- a> 15 SllVONI .ODD ~ DDn D J 1 15 JO~Jld 15 Avno ATTACHMENT 2 \f) 0... -< L 2~ 011' _ I \-:... -<w U ..J <( Oc -.1~ ill \- \f) tY1I! ~- -' "'- r ~ ;- ITEM NO: l. C. REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: September 13, 2004 TITLE: AWARD RFB-04-030 TRAFFIC SIGNAL EQUIPMENT PURCHASE o PUBLIC HEARING [2J BlDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: _) o ORDINANCES FOR 2ND READING Quasi-Judicial. o Yes L8J No EXECUTIVE SUMMARY: The Public Works Department is implementing 2004 traffic signals upgrade/improvements. This year's program will continue the commitment to upgrade the traffic signal system to improve its safety and operation. The equipment upgrade will be scheduled for the intersections with the highest priortiy needs. The replacement installations will be performed by the City's Operations Staff, with as-needed assistance from the City's traffic signal contractor. On August 10,2004, six (6) bids were received. The apparent lowest responsible bidders were Gades Sales, Denver, CO, in the amount of$2S,379.00, for the signal heads and Econolite Control Products, Arvada, CO, in the amount of$8,900.00, for the controller cabinet. Since no single bidder can provide all ofthe equipment required in the bid request, purchasing from multiple suppliers was anticipated. The two bidders are lowest responsible bidders of different products of the complete list. These bidders met all of the bid requirements. Staff recommends award to the lowest responsive and responsible bidders, Gades Sales, Denver, CO in the bid amount of$25,379.00 and Econolite Control Products, Arvada, CO in the amount of $8900.00. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The annual signal equipment upgrade prioritizes the intersections that have either aged or obsolete traffic equipment in need of replacement. Highest priority for improvements is locations where safety issues are mvolved, or locations where maintenance is required "beyond the norm" to keep the signal in proper operation. The scope of maintenance includes, but is not limited to, Improving signal visibility, replacement of obsolete hardware that restrict communication with "central" computer or cause the signal to create unnecessary delays that are not caused by traffic conditions. The intersections selected for this year's program are. 38th & Pierce St., 32nd & Pierce St., 44th & Independence, 38th & Partet St., 44th & Ammons St. and 35th & Youngfield St. AL TERNA TlVES CONSIDERED: No award and the Traffic Signal Upgrade program for 2004 will not be accomplished. FINANCIAL IMP ACT: Funding for this project has been approved as the Traffic Signal Improvement project line item of the 2004 Capital Improvements Program budget in the amount of$150,000.00. RECOMMENDED MOTION: "I move to award RFB-04-030, Traffic Signal Equipmment to Gades Sales, Denver, CO in the not to exceed amount of $25,379.00 and to Econolite Control Products, Arvada, CO in the not to exceed amount of$8,900.00 I further move that all costs associated with this contract be paid from account number 30-304-800- 843, 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 RFB-04-030 Traffic Signal Equipment purchase for the following reason(s) " Report Prepared by: Reviewed by' Steve Nguyen, Engineering Manager Tim Paranto, Director of Public Works Linda Trimble, Purchasing Agent Attachments: 1. 2004 Capital Improvement Program Description 2. Bid Tabulation Sheet 040913 RFB-04-030 eAF Traffic Signal Equip Throughout the City by priority $ 350,000 Justification: Preventative street maintenance work is required to replace defective concrete, replace or add to pavement surface by an asphalt overlay, patch isolated structural failures in existing asphalt streets, waterproof and improve the texture of asphalt wearing surfaces by a slurry seal coat and reduce water infiltration under pavements by sealing cracks. Preventative maintenance prolongs the useful life of streets and sidewalks and reduces the costly alternative of reconstructing streets. 8. Infill Curb, Gutter and Sidewalk projects 2004 Budget: $50,000 Description: This program assists residents in areas where curb, gutter and sidewalk is dispersed and have the desire to connect for continuous accessibility. The 2004 project will include those locations that meet the criteria as identified in the program. Justification: There is a number of existing city blocks which have missing links of curb, gutter and walk which does not offer continuous pedestrian connectivity. This program will increase pedestrian mobility in the City and aid in some drainage issues. -\ " 1. DPW TRAFFIC Traffic Signal Improvements 2004 Budget: $150,000 Description: Existing traffic signal installations require upgrade to include new signal heads and detectors. Justification: The scheduled replacement work is necessary for the proper maintenance of existing equipment and facilities. 2. Neighborhood Traffic Management Project 2004 Budget: $100,000 Description: The 2004 traffic management project will include those neighborhoods who have met the Neighborhood Traffic Management Program (NTMP) criteria. Improvements such as speed humps, raised cross walks, lane narrowing and other appropriate measures as approved by City Council will be made to neighborhood streets The proposed project locations are to be determined. 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'" '" D 2! -.; -f , , -. , ~ ATTACHMENT 2 ITEM NO' Qf REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: September 13, 2004 TITLE: AN ORDINANCE AMENDING ORDINANCE 973, SERIES 1994, CONCERNING CABLE TELEVISION CUSTOMER SERVICE STANDARDS o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS L8J ORDINANCES FOR 1 ST READING (Date _) o ORDINANCES FOR 2ND READING QuasI-Judicial. L8J No CIty Manager EXECUTIVE SUMMARY: In May of2004, the Greater Metro TelecommumcatlOns Consortium (GMTC) completed preparation of revIsed customer service standards govemmg cable service operations provided by Comcast. The GMTC IS made up of cItIes and countIes wIthin the Metro Denver and surroundmg areas. The purpose of the Standards IS to establIsh uniform requirements for the qualIty of servIce cable operators offer their customers m the metropolitan area. The Standards are subject to change from time-to-time. The revised Standards incorporate the Customer Service ObligatIOns published by the Federal Commumcations Commission (SectIon 76.309), April 1993 and customer service standards of cable televIsIOn servIce providers operatmg in the metro area. Based upon the assessment of the needs of the CItizens, changes in proVIder operatIOns, and pnvacy rights issues, the GMTC modified and created revIsed standards specially tailored to members of the GMTC, of whIch the City belongs. The Standards require the cable operator to post a security fund or letter of credit ensuring Customer Service. The secunty fund IS to be used when the cable company fails to respond to a citizen complamt that the franchising authority (City of Wheat Ridge) determmes is valId, and to provide a mechanism by whIch to Impose remedIes for noncomplIance. , CIties/counties who have adopted or are m the process of adopting the revised customer service standards include: Englewood, Greenwood Village, Sheridan, Arvada, Lakewood, Arapahoe County, Aurora, Denver, Westminster, Federal Heights, Thornton, Centennial and Lafayette. COMMISSION/BOARD RECOMMENDATION: None. STATEMENT OF THE ISSUES: Comcast strongly opposes the assessment language contained in Section IV F pertaining to daily penaltIes for violations ofthe customer service standards (CSS). In summary, Comcast has made the argument that the franchise agreement governs how violations are to be addressed, and that there is no legal authority to set forth a separate process imposing penalties for violations in the CSS. It is GMTC's pOSItion that the federal law which grants local franchising authoritIes the ability to Impose customer servIce standards, allows us to set penalties independent ofthe franchise agreement, and to do so without the cable operator's consent. The possibility that these penalties mIght be imposed is one ofthe strongest tools we have to provide the cable operator an incentive not to violate the standards. ALTERNATIVES CONSIDERED: To address Comcast' s concerns, staff considered rewnting Section IV F (page 18 of the CSS) reducing or eliminating the maximum assessment of$l ,OOO/per day and ensuring that any assessment imposed was equivalent to the actual damages incurred by the customer. Section IV F serves solely as a last attempt to impose assessments on the cable operator for multiple, repeated violations that extend over a long penod of time and are not being resolved. The City has the discretion to impose a lesser assessment, which would occur ifComcast were addressing a violation. Because of this, Section IV F serves as an incentive for the cable operator to comply with the Standards. In addition, as a member ofthe GMTC, it is Important to maintam uniformed adoption of the Standards thereby making us stronger as a regional organization. In conclusion, staff determined that changes to Section IV F were unnecessary. FINANCIAL IMPACT: None. RECOMMENDED MOTION: "I move to adopt Council Bill No. 19-2004 on first reading amending Ordinance 973, Series 1994, concerning Cable Television Customer Service Standards, order it publIshed, publIc hearing set for Monday September 27,2004, at 7:00 p.m.." or, "I move to table indefinitely Council Bill No. 19-2004 amending Ordinance 973, Series 1994, concerning Cable Te1evislOn Customer Service Standards." Report Prepared by: Barbara Delgadillo, Assistant to City Manager /bd Attachments: 1. Council Bill No. 19-2004 along with the Customer Service Standards cc: Jeff Dolan, Semor Manager, Government Affairs Comcast 8000 East Iliff Avenue Denver, CO 80231 Council Report adopt Customer Service Standards CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. ~ - 2004 Ordinance No. Series of 2004 TITLE: AN ORDINANCE AMENDING ORDINANCE 973, SERIES 1994, CONCERNING CABLE TELEVISION CUSTOMER SERVICE STANDARDS WHEREAS, pursuant to Section 15.6(b) of the Wheat Ridge Home Rule Charter, the City Council of the City of Wheat Ridge ("City Council") is authorized to establish by ordinance the terms and conditions of cable television franchise operation within the City, including customer service standards pertaining thereto; and WHEREAS, pursuant to this authority and by Ordinance 973, Series 1994, the City Council previously adopted cable television customer service standards; and WHEREAS, the City Council desires to update and amend its cable television customer service standards to incorporate those standards promulgated by the Greater Metro Telecommunications Consortium ("GMTC") on May 20,2004. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Ordinance 973, Series 1994, is hereby amended by repealing and reenacting "Exhibit 1" thereto to read in its entirety as Exhibit 1, attached hereto and incorporated herein by this reference. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained Section 3. Severabilitv: ConflictinQ 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 4. Effective Date. This Ordinance shall take effect fifteen days after final publication. as provided by Section 5.11 of the Charter A.TTA.~HIVIENT 1 INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this _ day of , 2004, 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 , 2004, 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 , 2004. SIGNED by the Mayor on this day of ,2004. ATTEST: Gretchen Cerveny, Mayor Pamela Y. Anderson, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript: Effective Date: CNB\53027\484301 2 EXHIBIT 1 CNB\53027\4B4301 3 Greater Metro Telecommunications Consortium Customer Service Standards Introduction The Greater Metro Telecommunications ConsortIum has created the following Customer Service Standards (the "Standards") for distribution and adoption by Members. The purpose of the Standards is to establish uniform requirements for the quality of service cable operators are expected to offer their customers in the metropolitan area. The Standards are subject to change from tIme to time. The Franchise Authority encourages the Cable Operator to exceed these standards in their day- to-day operations and as such, understands that the Cable Operator may modify their operatIOns in exceeding these standards. The Standards incorporate the Customer Service Obligations published by the Federal Communications Commission (Section 76.309), April, 1993 and customer service standards of cable television service providers operating in the metro area. Based upon the assessment of the needs of citIzens in the metropolitan area, the GMTC adopted, modified and created standards specially tailored to members of the Greater Metro Telecommunications Consortium. The Standards require the cable operator to post a security fund or letter of credit ensunng Customer Service. The security fund is to be used when the cable company fails to respond to a CItizen complaint that the franchising authority determines is valid, and to provide a mechanism by which to impose remedies for noncomphance. It is the smcere hope and intention of the GMTC that the security fund will never need to be drawn upon; however, the GMTC believes that some enforcement measures are necessary. GREATER METRO TELECOMMUNICATIONS CONSORTIUM CUSTOMER SERVICE STANDARDS I. POLICY The Cable Operator should resolve CItIzen complamts without delay and interference from the Franchising Authority. Where a gIven complaint is not addressed by the Cable Operator to the citIzen's satisfaction, the FranchIsing Authority should intervene. In addition, where a pattern ofunremedied complaints or noncompliance with the Standards is identIfied, the Franchising Authority should prescribe a cure and establish a reasonable deadline for implementation of the cure. If the noncompliance is not cured within established deadlines, monetary sanctions should be imposed to encourage comphance and deter future non-compliance. These Standards are intended to be of general application, and are expected to be met under normal operating conditions; however, the Cable Operator shall be relieved of any obligations 1 These Standards are intended to be of general application, and are expected to be met under normal operating conditiOns; however, the Cable Operator shall be relieved of any oblIgations hereunder if it IS unable to perform due to a region-wIde natural emergency or in the event of force majeure affectIng a significant portiOn of the franchise area. The Cable Operator is free to exceed these Standards to the benefit of its Customers and such shall be considered performance for the purposes of these Standards. These Standards supercede any contradIctory or Inconsistent provIsion in federal, state or local law, provided, however, that any provision in federal, state or local law, or in any onginal francluse agreement or renewal agreement, that imposes a higher obligation or requirement than IS Imposed by these Standards, shall not be considered contradictory or inconsistent with these Standards. In the event of a conflict between these Standards and a FranchIse Agreement, the Franchise Agreement shall control. These Standards apply to the provision of any Cable Service, provided by a Cable Operator over a Cable System, wIthin the City/County/TownlCity and County of II. DEFINITIONS When used in these Customer Service Standards (the "Standards"), the following words, phrases, and terms shall have the meanings given below. "Adoption" shall mean the process necessary to formally enact the Standards within the Franchising Authority's jurisdiction under applicable ordinances and laws. "Affiliate" shall mean any person or entIty that is owned or controlled by, or under common ownership or control with, a Cable Operator, and provides any Cable ServIce or Other ServICe. "Cab1e Operator" shall mean any person or group of persons (A) who provides cable service over a cable system and dIrectly or through one or more affiliates owns a significant interest in such cable system, or (B) who otherwIse controls or is responsible for, through any arrangement, the management and operation of such a cable system. "Cable Service" shall mean (A) the one-way transmission to subscribers of (i) Video programming, or (ii) other programming service, and (B) subscriber interaction, If any, which is required for the selectIon or use of such video programming or other programming servIce. For purposes of this definition, "video programming" is programming provided by, or generally considered comparable to programming provided by a teleVIsion broadcast statIon; and "other programmIng servIce" is Information that a cable operator makes available to all subscribers generally. "Cable System" shall mean a facility, consisting of a set of closed transmission paths and associated SIgnal generation, reception, and control eqUipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include (A) a facilIty that serves only to retransmit the 2 televisions signals of one or more televisiOn broadcast stations, or (B) a facilIty that serves subscribers without usmg any public nght of way. "City" ("County") shall mean the City, County or CIty and County of , Colorado. "Customer" shall mean any person who receives any Cable Service from a Cable Operator. "Customer Service Representative" (or "CSR") shall mean any person employed with or under contract or subcontract to a Cable Operator to assist, or provide servIce to, customers, whether by telephone, writing service or installation orders, answering customers' questiOns in person, receiving and processing payments, or performing any other customer service-related tasks. "Escalated complaint" means a complaint that is referred to a Cable Operator by the Franchising Authonty. "Franchising Authority" shall mean the City (County or Town) and/or the Greater Metro Telecommunications Consortium. "Greater Metro Telecommunications Consortium" or "GMTC" shall mean a Colorado agency formed by intergovernmental agreement between its Members, local governmental subdivisions of the State of Colorado. The GMTC may be delegated the authority to enforce cable television franchises and cable system operations for its Member communities, and may administer any or all functions under these Standards. "Information Service" shall mean the offering of a capabilIty for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or malang available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunIcations servIce. "Necessary" shall mean required or indispensable. "Non-cable-related purpose" means any purpose that IS not necessary to render, or conduct a legitimate business activity related to a Cable ServIce or Other Service provided by a Cable Operator to a Customer. Market research, telemarketing, and other marketmg of services or products shall be considered Non-cable-related purposes. "Normal business hours" shall mean those hours during which similar businesses in the community are open to serve customers. In all cases, "normal business hours" must include at least some evemng hours one night per week, and/or some weekend hours. "Normal operating conditions" shall mean those service conditions which are within the control of a Cable Operator. ConditIons whIch are not within the control of a Cable Operator include, but are not necessarily limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Conditions which are ordinarily within the control of a Cable Operator include, but are not necessarily limIted to, special 3 promotions, pay-per-vIew events, rate increases, regular peak or seasonal demand penods and maintenance or upgrade to the Cable System. "Personally IdentIfiable Information" means specific information about a Customer, including, but not be limited to, a Customer's (a) login information, (b) extent of viewing of vIdeo programming or Other Services, (c) shopping chOIces, (d) interests and opmions, (e) energy uses, (f) medical informatIon, (g) banking data or mformation, (h) web browsing activities, or (i) any other personal or private information. "Personally Identifiable Information" shall not mean aggregate informatIOn about Customers whIch does not identify particular persons, or information gathered by a Cable Operator necessary to install, repair or servIce equipment or Cable System facilities at a Customer's premises. "ServIce interruption" or "interruption" shall mean (i) the loss or substantial impairment of picture and/or sound on one or more cable televiSIOn channels. "Service outage" or "outage" shall mean a loss or substantial ImpaIrment in reception on all channels. "Town" shall mean the Town of , Colorado Any terms not specifically defined m these Standards shall be given their ordinary meaning, or where otherwise defined in applicable federal law, such terms shall be interpreted consistent with those definitions. III. CUSTOMER SERVICE A. Courtesy Cable Operator employees, contractors and subcontractors shall be courteous, knowledgeable and helpful and shall provide effective and satisfactory service III all contacts with customers. B. Accessibility 1. Within sixty (60) days of the effective date of these Standards, a Cable Operator shall provide, customer service centers/business offices ("service centers") such that no customer shall be located further than ten (10) miles away from a service center. Except as otherwise approved by the Franchising Authority, all servIce centers shall be open during Normal Busmess Hours, and shall be fully staffed with customer service representatives offering the following services to customers who come to the service center: bill payment, equipment exchange, processing of change of servIce requests, and response to customer mquiries and requests. The FranchIsing Authority may approve alternatives for service centers offering lesser services or fewer hours at any SIte to which the public has general access. A Cable Operator shall post a SIgn at each service center, adVIsing customers of its hours of operation and of the addresses and telephone numbers at which to contact the Franchising Authority and the Cable Operator If the service center is not open at the times posted. A Cable Operator shall provide free exchanges of faulty 4 eqUIpment at the customer's address if the converter has not been damaged in any manner due to the fault or negligence ofthe customer. 2. A Cable Operator shall maintain local telephone access lines that shall be available twenty- four (24) hours a day, seven (7) days a week for service/repair requests and billing mquiries. 3. A Cable Operator shall have dispatchers and technicians on call twenty-four (24) hours a day, seven (7) days a week, mcluding legal holidays. 4. If a customer service telephone call is answered with a recorded message providing the customer with various menu options to address the customer's concern, the recorded message must prOVide the customer the option to connect to and speak with a CSR within sixty (60) seconds ofthe commencement of the recording. A Cable Operator shall retain sufficient customer service representatives and telephone line capacity to ensure that telephone calls to service/repair and billing inquiry lines are answered by a customer service representative within tlnrty (30) seconds or less from the time a customer chooses a menu option to speak directly with a CSR. These standards shall be met no less than ninety (90) percent ofthe time measured monthly. 5. Under normal operating conditions, a customer shall not receive a busy signal more than three percent (3%) of the time. This standard shall be met ninety (90) percent or more of the time, measured monthly. c. Responsiveness 1. Guaranteed Seven-Day Residential Installation a. A Cable Operator shall complete all standard residential installations or modIfications to service requested by customers within seven (7) busmess days after the order is placed, unless a later date for mstallation is requested. "Standard" residential installations are those located up to one hundred twenty five (125) feet from the existing distribution system. Ifthe customer requests a nonstandard residential installatron, or the Cable Operator determmes that a nonstandard residential mstallation is required, the Cable Operator shall provide the customer in advance with a total installation cost estimate and an estimated date of completion. b. All underground cable drops to the home shall be buried at a depth of no less than twelve inches (12"), or such other depth as may be required by the FranchIse Agreement, and WIthin no more than one calendar week from the mitial installation, or at a tIme mutually agreed upon between the Cable Operator and the customer. 2. Residential Installatron and Service Appointments a. The "appointment window" alternatives for specific installations, service calls, and/or other installation activitres will be either a specific time, or at a maximum, a four (4) hour time block between the hours of 8:00 a.m. and 6:00 p.m., six (6) days per week. A Cable Operator 5 may schedule service calls and other installation activities outside of the above days and hours for the express convenience of customers. b. A Cable Operator may not cancel an appointment wIth a customer after the close of business on the business day pnor to the scheduled appointment. c. If a Cable Operator is running late for an appointment wIth a customer and will not be able to keep the appointment as scheduled, the customer will be contacted promptly. The appointment will be scheduled, as necessary at a time that is convenient to the customer. d. A Cable Operator shall be deemed to have responded to a request for service under the provisions of thIS section when a technician arrives within the agreed upon tIme, and, ifthe customer is absent when the technician arrives, the technician leaves written notification of arrival and return time, and a copy of that notification is kept by the Cable Operator. In such circumstances, the Cable Operator shall contact the customer within forty-eight (48) hours. 3. Residential ServIce Interruptions a. In the event of system outages resulting from Cable Operator equipment failure, the Cable Operator shall correct such failure within 2 hours after the 3rd customer call is received. b. All other service interruptions resulting from Cable Operator equipment failure shall be corrected by the Cable Operator by the end ofthe next calendar day. c. Records of Complaints. 1. A Cable Operator shall keep an accurate and comprehensive file of any and all complaints regarding the cable system or its operation ofthe cable system, in a manner consistent with the privacy rights of customers, and the Cable Operator's actions in response to those complaints. These files shall remain open to the Franchising Authority during normal business hours, and shall be retained by the Cable Operator for a period of at least three (3) years. ii. A Cable Operator shall provide the Franchising Authority an executive summary monthly, which shall include information concernmg customer complaints referred by the Franchising Authority to the Grantee and any other requirements of a Franchise Agreement but no personally identifiable informatIOn. A summary of service requests, identifying the number and nature of the requests and their dIsposition, shall also be completed by the Cable Operator for each month and submItted to the Franchising Authority by the tenth (10th) day of the succeeding month. Complaints shall be broken out by the nature of the complaint and the type of Cable service subject to the comp1amt. A log of all service interruptions shall be maintained and provided to the Franchising Authonty quarterly. d. Records of Service Interruptions and Outages. A Cable Operator shall maintain records of all outages and reported service interruptions. Such records shall mdicate the type of 6 service mterrupted. Such records shall be submitted to the Franchising Authonty with the records identified in Section 3.c.ii above, and shall be retamed by the Cable Operator for a period of three (3) years. e. All service outages and interruptions for any cause beyond the control of the Cable Operator shall be corrected within thirty-sIx (36) hours, after the conditIOns beyond its control have been corrected. 4. TV Reception a. A Cable Operator shall provide clear television reception that meets or exceeds technical standards established by the United States Federal Communications Commission (the "FCC"). A Cable Operator shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Scheduled interruptions shall be preceded by notice and shall occur during periods of minimum use ofthe system, preferably between midnight and six a.m. (6:00 a.m.). b. If a customer expenences poor video or audIO reception attributable to a Cable Operator's equipment, the Cable Operator shall repair the problem no later than the day followmg the customer call. If an appomtment is necessary, the customer may choose a block of time described in Section II1.C.2.a. At the customer's request, the Cable Operator shall repair the problem at a later time convenient to the customer. 5. Problem ResolutIon A Cable Operator's customer service representatives shall have the authonty to prOVide credit for mterrupted service or any ofthe other credits lIsted in Schedule A, to waive fees, to schedule service appointments and to change billing cycles, where appropriate. Any difficulties that cannot be resolved by the customer service representative shall be referred to the appropriate supervisor who shall contact the customer within four (4) hours and resolve the problem within forty eight (48) hours or within such other time frame as is acceptable to the customer and the Cable Operator. 6. Billing, Credits, and Refunds a. A Cable Operator shall allow at least thirty (30) days from the begInning date of the applicable service period for payment of a customer's service bill for that period. If a customer's service bill is not paid within that period oftime the Cable Operator may apply an admmistrative fee to the customer's account. The administratIve fee must reflect the average costs incurred by the Cable Operator in attempting to collect the past due payment m accordance with applicable law. If the customer's service bill is not paid within forty-five (45) days of the beginning date of the applicable service period, the Cable Operator may perform a "soft" disconnect ofthe customer's service. If a customer's service bill is not paid Within fifty-two (52) days of the beginnmg date of the applIcable service period, the Cable Operator may disconnect the customer's service, provided it has provided two (2) weeks notice to the customer that such disconnection may result. 7 b. The Cable Operator shall issue a credit or refund to a customer within 30 days after determining the customer's entitlement to a credit or refund. c. Whenever the Cable Operator offers any promotional or specially priced service(s) its promotional materials shall clearly identify and explain the specific terms of the promotion, inc1udmg but not limited to manner in which any payment credIt will be will be applied. 7. Treatment of Property To the extent that a Franchise Agreement does not contain the following procedures for treatment of property, Operator shall comply with the procedures set forth in this SectIon. a. A Cable Operator shall keep tree trimming to a minimum; trees and shrubs or other landscaping that are damaged by a Cable Operator, any employee or agent of a Cable Operator during installation or construction shall be restored to their prior condition or replaced. Trees and shrubs shall not be removed without the prior permission of the owner or legal tenant of the property on which they are located. This provision shall be in additIOn to, and shall not supersede, any requirement in any franchise agreement. b. A Cable Operator shall, at Its own cost and expense, and m a manner approved by the property owner and the Franchising Authority, restore any property to as good condition as before the work causing such disturbance was initiated. A Cable Operator shall repair, replace or compensate a property owner for any damage resulting from the Cable Operator's installation, construction, service or repair activities. - c. Except in the case of an emergency involving public safety or service mterruption to a large number of subscribers, a Cable Operator shall give reasonable notice to property owners or legal tenants prior to entering upon private premises, and the notice shall specify the work to be performed; provided that m the case of construction operations such notice shall be delivered or provided at least twenty-four (24) hours prior to entry. For purposes of this subsection, "reasonable notice" shall be considered: 1. For pedestal installation or similar major construction, seven (7) days. Ii. For routine maintenance, such as adding or dropping service, tree trimmmg and the like, reasonable notice given the circumstances. Unless a Franchise Agreement has a different requirement, reasonable notice shall require, at a minimum, prior notice to a property owner or tenant, before entry is made onto that person's property. 111. For emergency work a Cable Operator shall attempt to contact the property owner or legal tenant in person, and shall leave a door hanger notice III the event personal contact is not made. 8 Nothmg herem shall be construed as authorizing access or entry to pnvate property, or any other property, where such nght to access or entry is not otherwise provided by law. If damage IS caused by any Cable Operator activity, the Cable Operator shall reimburse the property owner one hundred (100) percent of the cost ofthe damage or replace the damaged property. For the installation of pedestals or other major construction or installation projects, property owners shall also be notified by mail at least one week in advance. d. Cable Operator personnel shall clean all areas surrounding any work site and ensure that all cable matenals have been disposed of properly. D. Services for Customers with Disabilities 1. For any customer with a disability, a Cable Operator shall deliver and pick up equipment at customers' homes at no charge unless the malfunctIOn was caused by the actions of the customer. In the case of malfunctioning equipment, the technician shall proVIde replacement equipment, hook it up and ensure that it is working properly, and shall return the defective equipment to the Cable Operator. 2. A Cable Operator shall provide TDD servIce with trained operators who can provide every type of assistance rendered by the Cable Operator's customer service representatives for any hearing-impaired customer at no charge. 3. A Cable Operator shall provide free use of a remote control unit to mobilIty-impaired (if dIsabled, m accordance with Section 1lI.D.4) customers. 4. Any customer with a disability may request the speCial services described above by providing a Cable Operator with a letter from the customer's physician stating the need, or by making the request to the Cable Operator's installer or servIce technician, where the need for the special services can be visually confirmed. E. Customer Information 1. Upon installation, and at any time the customer may request, a Cable Operator shall provide the following information, in clear, concise written form (and in Spanish, when requested by the customer): a. Products and services offered by the Cable Operator, including its channe11ineup; b. The Cable Operator's complete range of service optIons and the prices for these servIces; c. The Cable Operator's billing, collection and disconnection policies; d. Privacy rights of customers; 9 e. All ap~l~cable complaint procedures, including complaint forms and the telephone numbers and mallmg addresses of the Cable Operator, the FCC, and the Franchising Authority to whom the complaints should be addressed; f. Use and availability of parental control/lock out device; g. Special servlces for customers with disabihties; h. Days, times of operahon, and locations of the service centers; i. Either a complete copy of these Standards and any other applicable customer service standards, or a summary of these Standards, in a format to be approved by GMTC and the Franchising Authority, which shall include at a minimum, the URL address of a website containing these Standard in their entirety; provided however, that ifthe GMTC or Franchising Authority does not maintain a website with a complete copy of these Standards, a Cable Operator shall be under no obligation to do so; If acceptable to a customer, Cable Operator may fulfill customer requests for any of the information listed in this Section by making the requested information available electronically, such as on a website or by electromc mail. 2. Copies of all notices provided to the customer shall be filed (by fax or email acceptable) concurrently with the FranchlSlng Authority and the GMTC. 3. A Cable Operator shall provide customers with written notification of any change in rates, programming, or channel positions, at least thirty (30) days before the effective date of change. 4. All officers, agents, and employees of the Cable Operator or Its contractors or subcontractors who are in personal contact with customers and/or when working on public property, shall wear on their outer clothing ldentification cards beanng their name and photograph and identifying them as representahves of the Cable Operator. The Cable Operator shall account for all idenhfication cards at all times. Every vehicle of the Cable Operator shall be clearly visually identified to the public as working for the Cable Operator. Whenever a Cable Operator work crew is in personal contact with customers or pubhc employees, a supervisor must be able to communicate clearly with the customer or public employee. Every vehicle of a subcontractor or contractor shall be labeled with the name ofthe contractor and further identified as contracting or subcontracting for the Cable Operator. 5. Each CSR, techniclan or employee of the Cable Operator in each contact with a customer shall state the eshmated cost of the servlce, repair, or installation orally pnor to delivery of the service or before any work is performed, and shall provide the customer wlth an oral statement of the total charges before terminating the telephone call or before leaving the location at which the work was performed. A wntten eshmate of the charges shall be provided to the customer before the actual work is performed. 10 F. Customer Privacy 1. Cable Customer Privacy. In addition to complying with the requirements in this subsection, a Cable Operator shall fully comply with all obligations under 47 U.S.c. Section 551. 2. Collection and Use of Personally Identifiable InformatIOn. a. A Cable Operator shall not use the Cable System to collect, record, monitor or observe Personally Identifiable Information without the prior affirmative written or electronic consent of the Customer unless, and only to the extent that such information is: (i) used to detect unauthorized reception of cable communicatIOns, or (ii) necessary to render a Cable Service or Other Service provided by the Cable Operator to the Customer. b. A Cable Operator shall take such actions as are necessary to prevent any Affiliate from using the facilities of the Cable Operator in any manner, including, but not limited to, sending data or other signals through such facilities, to the extent such use will permit an Affiliate unauthorized access to Personally Identifiable Information on eqUlpment of a Customer (regardless of whether such equipment is owned or leased by the Customer or provided by a Cable Operator) or on any ofthe facilities ofthe Cable Operator that are used in the provision of Cable Service. This subsection F1 b shall not be interpreted to prohibit an Affiliate from obtaining access to Personally Identifiable Information to the extent otherwise permitted by this subsection F. c. A Cable Operator shall take such actions as are reasonably necessary to prevent a person or entity (other than Affiliates) from using the facilities of the Cable Operator in any manner, including, but not limited to, sending data or other signals through such facilities, to the extent such use will permit such person or entity unauthorized access to Personally Identifiable informatIOn on equipment ofa Customer (regardless of whether such equipment is owned or leased by the Customer or provided by a Cable Operator) or on any of the facilities of the Cable Operator that are used in the provision of Cable Service. 3. Disclosure of Personally Identifiable Information. A Cable Operator shall not disclose Personally Identifiable Information without the prior affirmative written or electronic consent of the Customer, except as follows: a. A Cable Operator may disclose for a Non-cable-related purpose the name and address of a Customer subscribing to any general programming tiers of service and other categories of Cable and Other Service proVided by the Cable Operator if the Cable Operator has provided the Customer the opportunity to prohibit or limit such disclosure in accordance with this subsectIOn F and Section 631 of the Federal Communications Act, 47 U.S.c. Section 551, and such disclosure does not directly or mdirectly disclose: i. A Customer's extent of Viewing of a Cable Service provided by the Cable Operator; 11 Ii. The extent of any other use by a Customer of a Cable Service provided by the Cable Operator, including, but not limited to a disclosure of the particular viewing selections by a person subscribmg to a Cable Service; or ui. The nature of any transactions made by a Customer over the Cable System of the Cable Operator. iv. The nature of programming that a Customer subscribes to or views (i.e., a Cable Operator may only disclose the fact that a person subscribes to a general tier of service or a package of channels with the same type ofprogrammmg). A minimum OfthIrty (30) days prior to making any disclosure of Personally Identifiable Information of any Customer as provided in this subsection F3a, the Cable Operator shall notify in writing the Franchising Authority the fact that Personally Identifiable Information will be disclosed and each Customer (that the Cable Operator intends to disclose information about) of the specific information that will be disclosed, to whom it will be disclosed, and notice of the Customer's right to prohibit the dIsclosure of such informatIon for Non-cable related purposes. The notice to Customers may be mcluded with or made a part of the Customer's monthly bill for Cable Service or may be made by separate mailed notice. Each time that this notice is given to a Customer, the Cable Operator also shall provide the Customer with an opportunity to prohibit the disclosure ofmformation m the future. Such opportunity shall be given III one of the following forms: a postage paid, self-addressed post card provided by the Cable Operator; a box that may be checked by the Customer on the Customer's monthly bill for Cable Services; a toll-free number that the Customer may call; or such other equivalent methods as may be approved by the Franchising Authority. AddItionally, withm forty-five (45) days after each disclosure of Personally Identifiable Information of any Customer as provided in this subsection f3a, the Cable Operator shall notify in writing the franchising Authority the fact that Personally Identifiable Information was disclosed and each Customer (that the Cable Operator has disclosed information about) of the specific information that has been disclosed, to whom it has been dIsclosed, and notice of the Customer's right to prohibit the disclosure of such information for non-cable related purposes. The notice to Customers may be included with or made a part of the Customer's monthly bill for Cable Service or may be made by separate mailed notice. Each time that this notice is given to a Customer, the Cable Operator also shall provide the Customer with an opportunity to prohibit the dIsclosure of information III the future. Such opporturuty shall be given III one ofthe following forms: a postage paId, self-addressed post card provided by the Cable Operator; a box that may be checked by the Customer on the Customer's monthly bill for Cable Services; a toll-free number that the Customer may call; or such other eqmva1ent methods as may be approved by the Franchising Authonty. b. A Cable Operator may disclose Personally Identifiable Information only to the extent that it is necessary to render, or conduct a legitImate business actiVIty related to, a Cable ServICe or Other Service provIded by the Cable Operator to the Customer. 12 c. To the extent authonzed by federal law, a Cable Operator may disclose Personally Identifiable Information pursuant to a subpoena or court order authonzing such disclosure. 4. Access to Information. Any Personally Identifiable Information collected and maintained by a Cable Operator shall be made available for Customer examination within thirty (30) days of receivmg a request by a Customer to examine such information at the local offices of the Cable Operator or other convenient place within the City/County/City and County/Town designated by the Cable Operator. Upon a reasonable showing by the Customer that the Information is inaccurate, a Cable Operator shall correct such information. 5. Pnvacy Notice to Customers a. A Cable Operator shall annually mail a separate, written or electronic copy of the privacy statement to Customers consistent with 47 U.S.c. SectIon 551(a)(I), and shall provide a Customer a copy of such statement at the time the Cable Operator enters into an agreement with the Customer to provide Cable Service. The written notice shall be in a clear and conspicuous format and be printed in ten-point type or larger. b. In the statement required by subsection P5a, a Cable Operator shall state substantially the follOWIng regardIng the disclosure of Customer information: "Unless a Customer affirmatively consents electrOnIcally or in writing to the disclosure of personally identifiable informatIon, any disclosure of personally identIfiable information for purposes other than to the extent necessary to render, or conduct a legitimate business actiVity related to, a Cable Service or Other Service, is lImited to: i. Disclosure pursuant to a subpoena or court order authonzing such disclosure;, but only to the extent authorized by applicable federal law. n. DIsclosure ofthe name and address of a Customer to any general programming tiers of service and other categories of Cable Services provided by the Cable Operator that do not directly or mdirectly disclose: (A) A Customer's extent of viewing of a Cable Service or Other Service provided by the Cable Operator; (B) The extent of any other use by a Customer of a Cable Service; (C) The nature of any transactions made by a Customer over the Cable System; or (D) The nature of programmmg or sites that a Customer subscribes to or views (i.e., a Cable Operator may only disclose the fact that a person subscribes to a general tier of service, or a package of channels with the same type of programming). The notIce shall also mform the Customers oftheir right to prohibit the disclosure oftheir names and addresses in accordance with SubsectIOn b for non-cable related purposes. This opportunity will be presented in the form of a toll-free telephone number and/or a postage paid, self- addressed post card, proVided by the Cable Operator with the privacy notice or other manner acceptable to the Pranchismg Authonty. If a Customer exercises his or her right to prohibit the disclosure of name and address as provided in subsection F3a or this subsection, such prohibItion against disclosure shall remam in effect permanently, unless the Customer subsequently notifies 13 the Cable Operator in writing that he or she wIshes to permit the Cable Operator to disclose hls/her name and address. 6. Privacy Reporting Requirements. The Cable Operator shaIl mclude in Its regular periodic reports to the FranchIsing Authority required by its Franchise Agreement mformation summanzmg: a. The type ofPersonaIly Identifiable Information that was actually coIlected or disclosed by Cable Operator during the reporting period; b. For each type ofPersonaIly Identifiable Information coIlected or disclosed, a statement sufficient to demonstrate that the Personally Identifiable Information collected or dIsclosed was: (A) coIlected or disclosed only to the extent Necessary to render, or conduct a legitimate business actiVIty related to, a Cable Service or Other Service provided by the Cable Operator; (B) used only to the extent Necessary to detect unauthorized reception of cable communications: (C) dIsclosed pursuant to a subpoena or valid court order or to a governmental entity to the extent required by federal law; (D) names and addresses dIsclosed in compliance with subsection a of this section; or (E) a disclosure of personally identifiable information of particular subscribers, but only to the extent affirmatIvely consented to by such subscribers in wnting or electrOnIcally. c. The names of all entities to whom such Personally Identifiable Information was disclosed, except that a Cable Operator need not provide the name of any court or governmental entity to which such dIsclosure was made if such disclosure would be inconsistent with applicable federal law; d. The measures that have been taken, or could be taken, to prevent the unauthorized access to Personally Identifiable Information by a person other than the Customer or the Cable Operator. A Cable operator shall meet with Franchising Authority ifrequested to discuss technology used to prohibit unauthorized access to Personally Identifiable Information by any means. 7. Nothing m thIS subsection F shall be construed to prevent the Franchising Authority from obtaining Personally Identifiable Information to the extent not prohibited by Section 631 of the Communications Act, 47 V.S.C. SectIOn 551. 8 Any aggrieved person may commence a civil actIon for damages for invasion of privacy against any Cable Operator. 9. Destruction of Personally Identifiable Information. A Cable Operator shall destroy, within ninety (90) days, any Personally IdentIfiable Information if the PersonaIly Identifiable Information is no longer necessary for the purpose for which it was coIlected and there are no pending requests or orders for access to such Personally Identifiable Information under subsection 3 of this subsectIOn, pursuant to a court order, or pursuant to Section 631 of the CommunicatIOns Act, 47 U.S.c. Section 551. 14 G. Safety A Cable Operator shall install and locate its facilities, cable system, and eqUipment in compliance with all federal, state, local, and company safety standards, and in such manner as shall not unduly interfere with or endanger persons or property. Whenever a Cable Operator receives notice that an unsafe condition exists With respect to its eqUipment, the Cable Operator shall investigate such condition Immediately, and shall take such measures as are necessary to remove or elIminate any unsafe condition. H. Satisfaction Guaranteed A Cable Operator shall guarantee customer satisfaction for every customer who requests new installation of Cable Service or adds any additIOnal service to the customer's subscription. Any such customer who requests dIsconnection of such service within 30 days from its date of activation shall receive a credit to hIs/her account in the amount of one month's subscription charge for the service that has been dIsconnected. IV. COMPLAINT PROCEDURE A. Complaints to a Cable Operator 1. A Cable Operator shall establish wntten procedures for receiving, acting upon, and resolving customer complaints, and creditmg customer accounts and shall have such procedures printed and disseminated at the Cable Operator's sole expense, consistent with Section III.E.1.e of these Standards. 2. Said written procedures shall prescribe a simple manner in which any customer may submit a complaint by telephone or in writing to a Cable Operator that it has vIOlated any provision of these Customer Service Standards, any terms or conditions of the customer's contract with the Cable Operator, or reasonable busmess practices. 3. At the conclusion of the Cable Operator's mvestigation of a customer complaint, but in no more than ten (10) calendar days after receiving the complaint, the Cable Operator shall notify the customer ofthe results of its investigation and its proposed action or credit. 4. A Cable Operator shall also notify the customer ofthe customer's right to file a complamt with the Franchising Authonty in the event the customer is dissatisfied with the Cable Operator's decision, and shall thoroughly explain the necessary procedures for filmg such complaint with the Franchismg Authority. 5. A Cable Operator shall immediately report all customer Escalated complaints that it does not find valid to the Franchising Authority. 6. A Cable Operator's complaint procedures shall be filed with and approved by the FranchIsing Authonty prior to implementation. 15 B. Security Fund or Letter of Credit A Cable operator shall comply with any Franchise Agreement regardmg Letters of Credit. If a Franchise Agreement is silent on Letter of Credit the following shall apply: 1. Within thirty (30) days of the effective date of these Standards or the effective date of any franchise granted by the Franchising Authority, whichever occurs first, a Cable Operator shall deposit with an escrow agent approved by the Franchising Authority one hundred thousand dollars ($100,000) or, in the sole discretion of the Franchismg Authority, such lesser amount as the Franchising Authority deems reasonable to protect subscribers within its jurisdiction. Alternatively, at the Cable Operator's discretion, it may provide to the Franchismg Authority an irrevocable letter of credit in the same amount. Such amount may, with the approval of the Franchising Authonty, be posted jointly for more than one member of the GMTC, and may be administered, and drawn upon, jointly by the GMTC or drawn upon individually by each member. The escrowed funds or letter of credit shall constitute the "Security Fund" for ensuring compliance with these Standards for the benefit of the Franchising Authority. The escrowed funds or letter of credit shall be maintained by a Cable Operator at one hundred thousand dollars ($100,000), or such lesser amount accepted by the Franchising Authority, even if amounts are withdrawn pursuant to any prOVision of these Standards. 2. The Franchising Authonty may require the Cable Operator to increase the amount of the Secunty Fund, if it finds that new risk factors exist which necessitate such an increase. 3. The Security Fund shall serve as security for the payment of any penalties, fees, charges or credits as provided for herein and for the performance by aCable Operator of all its obligations under these Customer Service Standards. 4. The rights reserved to the Franchising Authonty with respect to the Security Fund are in addition to all other rights ofthe Franchising Authority, whether reserved by any applicable franchise agreement or authorized by law, and no action, proceeding or exercise of a right with respect to same shall in any way affect, or diminish, any other right the Franchising Authority may otherwise have. C. Complaints to the Franchising Authority 1. Any customer who IS dissatisfied with any proposed decision of the Cable Operator or who has not received a decision within the tIme period set forth below shall be entitled to have the complaint reviewed by the Franchismg Authonty. 2. The customer may initiate the review either by calling the Franchising Authority or by filing a written complaint together with the Cable Operator's written decision, If any, with the Franchising Authority. 16 3. The customer shall make such filing and notIfication within twenty (20) days of receipt of the Cable Operator's decision or, Ifno decision has been provided, wIthin thirty (30) days after filIng the original complamt with the Cable Operator. 4. If the Franchising Authority decIdes that further evidence is warranted, the Franchising Authority shall require the Cable Operator and the customer to submit, within ten (10) days of notice thereof, a wntten statement of the facts and arguments in support of their respective pOSItions. 5. The Cable Operator and the customer shall produce any additional evidence, including any reports from the Cable Operator, which the Franchising Authority may deem necessary to an understanding and determination of the complaint. 6. The Franchismg Authority shall Issue a determmation within fifteen (15) days ofreceivmg the customer complaint, or after examining the materials submitted, setting forth its basIS for the determination. 7. The Franchising Authority may extend these time limits for reasonable cause and may intercede and attempt to negotiate an mforma1 resolution. 8. If the Franchising Authority determines that the customer's complaint is valid and that the Cable Operator did not provide the complaining customer with the proper solution and/or credit, the Franchismg Authority may reverse any decision of the Cable Operator in the matter and/or reqUIre the Cable Operator to grant a specific solutIOn as determined by the Franchising Authority m its sole discretion, and/or any credIt provided for in these Standards; or the Franchising Authority may provide the customer with the amount of the credit by means of a withdrawal from the Security Fund. D. Verification of Compliance A Cable Operator shall establish its complIance with any or all of the standards required through annual reports that demonstrate said compliance, or as requested by the Franchising Authority. E. Overall Quality of Service The Franchlsmg Authority may evaluate the overall quality of customer service provided by a Cable Operator to customers: a. In conjunction with any performance review provided for in the franchise agreement; and b. At any other time, at ItS sole discretion, based on the number of customer complaints received by a Cable Operator and the Franchising Authority, and the Cable Operator's response to those complaints. 17 F. Procedure for Remedying Violations 1. If the Franchising Authority has reason to belIeve that a Cable Operator has failed to comply with any of these Standards, or has failed to perform III a tImely manner, the FranchIsing Authority may pursue the procedures in its Franchise Agreement to address violatIOns of these Standards III a like manner as other franchise violations are considered. 2. FollowIllg the procedures set forth in any Francluse Agreement governing the manner to address alleged Franchise VIOlations, if the FranchIsing Authority detenmnes in Its sole dIscretion that the noncompliance has been substantiated, in addition to any remedIes that may be provided in the francluse Agreement, the Franchismg Authonty may: a. Impose assessments of up to one thousand dollars ($1,000.00) per day, to be wIthdrawn from the Security Fund in addition to any franchise fee until the non-complIance is remedied; and/or b. Order such rebates and credits to affected customers as III its sole discretion it deems reasonable and appropriate for degraded or unsatisfactory services that constituted noncompliance with these Standards; and/or c. Withhold licenses and permits for work by the Cable Operator or its subcontractors in accordance with applIcable law. V. MISCELLANEOUS A. Severability Should any section, subsection, paragraph, term, or provision ofthese Standards be determined to be illegal, invalid, or unconstitutional by any court or agency of competent jurisdictIOn with regard thereto, such determination shall have no effect on the valIdity of any other section, subsection, paragraph, term, or provision ofthese Standards, each of the latter of which shall remain in full force and effect. B. Non-Waiver Failure to enforce any provision ofthese Standards shall not operate as a waiver of the obligations or responsibilities of a Cable Operator under said provision, or any other provision of these Standards. Revised 5/20/04. 18 SCHEDULE A - CREDITS TO CUSTOMERS STANDARDS OF CUSTOMER SERVICE SUGGESTED MINIMUM COMPENSATION (if compensation is not agreed to between the Cable Operator and Customers, the matter may be submitted to the Franchising Authority, which shall make the final determination, in its reasonable discretion) A. COURTESY 1. Cable Operator employees, contractors and subcontractors shall be $5.00 credit to their account. courteous, knowledgeable and helpful in their services. B. ACCESSIBILITY Cable Operator shall provide one customer service center such that $5.00 credit to their account. no subscriber is farther than 10 miles from one. 2. Cable Operator shall have local telephone access lines that are $5.00 credit to their account. available 24 hours a day, 7 days a week. 3 Cable Operator shall have dispatchers and technicians on call 24 $5.00 credit to their account. hours a day, 7 days a week. 4. Cable Operator shall have sufficient customer service $5.00 credit to their account. representatives and telephone line capacity to ensure that calls are answered in 60 seconds or less 90% of the time, measured montWy 5 Calls receiving busy signals shall not exceed 3% of the total $500 credit to their account. telephone calls 90% of the time, measured montWy. C. RESPONSIVENESS 1. Guaranteed 7-Day Residential Installation a. Cable Operator shall complete Standard residential installations requested by a customer within 7 business days after order has been placed. Free installation, or I month's basic service, if the fee has been waived for promotional reasons. b. All underground cable drops will be buried no less than 12 inches deep (6 inches deep if there is a sprinkler system or other construction concerns). 2. Residential Installation Appointments a. Cable Operator customers wanting installation of cable may choose a4-hour time-block for installation between the hours of 8:00 a.m and 6:00 p.rn. six days per week. $5.00 credit to their account. b. Cable Operator may not cancel an appointment with Customer after the close of business on the business day prior to the date of the scheduled appointment. $5 00 credit to their account. STANDARDS OF CUSTOMER SERVICE SUGGESTED MINIMUM COMPENSATION c. If Cable Operator is running late and will not be able to $5 00 credit to their account. keep the appointment with the customer as scheduled, the customer will be contacted promptly. The appointment will be scheduled, as necessary at a time that is convenient to the customer. d. Cable Operator will deem to have responded to a service $5 00 credit to their account. request when the technician arrives within the agreed upon time, and, if the customer is absent, the technician leaves the written notification of arrival and return time, and a copy of that notification is kept by the Cable Operator In such circumstances, the Cable Operator shall contact the customer within 48 hours. 3. Residential Service Interruptions a. System outages resulting from Cable Operator equipment failure, shall be corrected within 2 hours after the 3rd customer call is received. b. All other interruptions resulting from Cable Operator equipment failure shall be corrected by the end of the next calendar day c. Cable Operator shall keep a file of any and all complaints regarding the cable system or its operation, and the Cable Operator's action in response to those complaints. Cable Operator shall submit an executive summary of those complaints and submit to the franchising authority monthly A log of all service interruptions shall be submitted to the franchising authority quarterly. d. All service outages or interruptions beyond the control of Cable Operator shall be corrected within 36 hours after the conditions beyond its control have been corrected. 4. TV Reception a. Cable Operator shall provide clear television reception and shall make repairs promptly, and interrupt service only for good cause and for the shortest time possible. b. If a customer experiences poor video or audio reception due to Cable Operator's equipment, Cable Operator will repair the problem no later than the day following the customer call. One day's free service for each 24-hour delay One day's free service for each 24-hour delay One day's free service for each 24-hour delay One day's free service for each 24-hour delay One day's free service for each 24-hour delay One day's free service for each 24-hour delay Problem Resolution a. Cable Operator Customer Service Representatives will be $5.00 credit to their account. able to provide credit, waive fees, schedule appointments and change billing cycles. Any difficulties that cannot be resolved by the customer service representatives will be referred to a supervisor who will contact the customer within 4 hours and resolve the problem within 48 hours. 5. 6. Billing, Credits and Refunds . a. Cable Operator will allow 30 days from the date of the bill $5 00 credit to their account. STANDARDS OF CUSTOMER SERVICE for payment. If not paid within 30 days of the date, Cable Operator may apply an administrative fee. If not paid within 45 days of the date, Cable Operator may perform a "soft" disconnect of the customer's service. SUGGESTED MINIMUM COMPENSATION b. Cable Operator shall issue a credit or refund within 30 days $5 00 credit to their account. after detennining the customer is entitled to one. c. Whenever Cable Operator offers any promotional or $5.00 credit to their account. specially priced service( s), its promotional materials shall clearly identify and explain the specific terms of the promotion, including but not limited to manner in which any payment credit will be applied. 7. Treatment of Property a. Cable Operator shall replace trees or shrubs damaged during installation. b. Cable Operator shall restore any damaged property to the same condition it was before damage occurred. c. Except in cases of emergency, Cable Operator shall give reasonable notice to property owners before entering premises, specifying the work to be done. d. Cable Operator personnel shall clean up the area surrounding a work site and properly dispose of cable materials. $10.00 credit plus any additional repairs. $10.00 credit plus any additional repairs. $10.00 credit plus any additional repairs. $10.00 credit plus any additional repairs. D. SERVICES FOR CUSTOMERS WITH DISABILITIES I Cable Operator shall deliver and pick up equipment at the home of $5 00 credit to their account. customers with disabilities. In the case of malfunctioning equipment, the technician shall replace it with a new one at no charge. 2. Cable Operator shall provide TDD service with trained operators $5.00 credit to their account. who can provide any assistance available. 3. Cable Operator shall provide free use of a remote control unit to $5.00 credit to their account. mobility-impaired customers. 4 A customer with a disability may request the above services by $5.00 credit to their account. providing Cable Operator with a letter from a physician stating their condition, or by making the request to Cable Operator's installer or service technician in person, where the need for the special services can be visually confirmed. E. CUSTOMER INFORMATION Upon installation, or at a customers request, Cable Operator will provide the following information (in Spanish when requested by the customer): a. Products and services offered including channel lineup; b. Complete range of service options and prices; c. Billing, collection and disconnect policies; d. Privacy rights of customers; Provide customer with the requested service information. STANDARDS OF CUSTOMER SERVICE SUGGESTED MINIMUM COMPENSATION e. Complaint procedures, including forms, telephone numbers and mailing address of the Cable Operator, the FCC, and the franchising authority; f. Use and availability of parental controVlock out device; g. Special services for customers with disabilities; h. Days, times of operation, and locations of the services centers; i. Either a copy of these Customer Service Standards and any other applicable customer service standards, or a summary thereof, or the URL address of a website containing these standards. The GMTC or its designee shall be responsible for maintaining the URL. 2. Copies of all notices provided to the customer shall be filed concurrently with the franchising authority and the GMTC. 3. Cable Operator will provide customers with written notification of $5 00 credit to their account any change in rates, programming, or channel positions at least 30 days before the effective date of change. 4 Every employee of Cable Operator in contact with customers or $5.00 credit to their account when working on public property will wear an identification card with their name and photograph. Every vehicle of Cable Operator or subcontractor shall be visually identified as working for Cable Operator F. CUSTOMER PRIVACY Collection and Use of Personally Identifiable Information a. Cable Operator shall not use the Cable System to collect, record, monitor or observe Personally Identifiable Information without written permission from the customer unless such information is used to detect unauthorized reception of cable service, or is necessary to render Cable Service to the customer. 2. b. Cable Operator shall not violate any other provisions of Section III.F 1-3 of the Customer Service Standards. Access to Information. Cable Operator shall make personally identifiable information available to customers pursuant to Section III.F 4 of the Customer Service Standards. Privacy Notices. Cable Operator shall comply with all provisions of Section III.F.5 of the Customer Service Standards. Destruction of Personally Identifiable Information. Cable Operator shall destroy all personally identifiable information of customers in accordance with Section III.F.9 of the Customer Service Standards. 3 4 G. 1. SAFETY Cable Operator will install and locate its equipment in compliance with all federal, state, local, and company safety standards, and in such a manner that will not interfere with or endanger persons or property The customer shall receive a credit to their account (or if the account is being cancelled, a payment from the Cable Operator) of at least $100.00, depending upon the circumstances of the violation. $10.00 credit to their account $10.00 credit to their account Payment from the Cable Operator of at least $ I 00.00, depending upon the circumstances of the violation. A credit to the customer's account in the amount of at least $25.00 a day for each 24 hour delay in responding, plus additional rights or causes of action available to the customer. STANDARDS OF CUSTOMER SERVICE H. SATISFACTION GUARANTEED Cable Operator will guarantee customer satisfaction for every customer who requests new installation of cable service or adds any additional prograrrnning service to the customer's cable subscription. Any customer who requests disconnection of service within 30 days from date of activation shall receive a credit to their account. SUGGESTED MINIMUM COMPENSATION One month's subscription charge for the service that has been disconnected. ITEM NO: 3 I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: September 13, 2004 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2004 BUDGET AND AWARD RFP-04-026 NEIGHBORHOOD REVIT ALIZA TION STRATEGY STUDY o PUBLIC HEARING o BIDS/MOTIONS L8J RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: _) o ORDINANCES FOR 2ND READING Quasi-Judicial: 0 Yes ~cce~ L8J No EXECUTIVE SUMMARY: On January 12,2004, City Council authorized staff, through the Community Development Block Grant (CDBG) process, to proceed with preparation of a Neighborhood Revitalization Strategy (NRS). The NRS will establish policies and action plans for citywide revitalization thereby positioning the City to compete for additional funding assistance and to identifY potential future partners. The Strategy will lay a strong foundation for programming to provide quality housing that integrates current residents and workers and encourages new homeownership opportunities; and to analyze the economic conditions, zoning requirements and creation of market feasibility analyses to develop programs that provide opportunities to enhance or expand business recruitment and retention activities and include programs supporting building rehabilitation improvements. In addItion, the strategy will focus on the commercial areas north and south of the 1-70 freeway to IdentifY public projects that will stimulate private sector redevelopment of the area along with action/implementation plans that will encourage public-private partnerships and redevelopment. The goal is to identify strategies and implementation plans that will allow the City to shape future redevelopment and position it to take full advantage of the proposed light-rail and existing planned developments surrounding the area. On July 16,2004, four (4) responsive proposals were received. Two firms were short listed and interviewed. The number one ranked firm was Winston Associates, Boulder, CO. References were checked and fees negotiated. The total negotiated amount is $195,000.00. COMMISSION/BOARD RECOMMENDATION: None. STATEMENT OF THE ISSUES: Four (4) responsive proposals were received. The Evaluation Committee consisted of Jefferson County Community Development Department Manager, City of Aurora Neighborhood Revitalization Director, City of Wheat Ridge Community Development Director, and the Assistant to the City Manager. The Board of County Commissioners will be taking action for final CDBG funding approval at 9:00 a.m. on Wednesday, October 6, 2004. Anticipated project duration is from October 7, 2004 through April l, 2005. AL TERNA TIVES CONSIDERED: No award and the study will not be accomplished. FINANCIAL IMPACT: Community Development Block Grant funds will be utilized to cover the costs of the strategy but are reimbursed back to the City after initial payment is made. Because of this, Council will need to transfer $214,500 from the general fund undesignated reserves to account 01-105-700-750. Funds reimburse the City will be returned to the general fund undesignated reserves. COMMENDED MOTION: "I move to approve Resolution No. 23-2004 amending the fiscal year 2004 budget to prepare a neighborhood revitalization strategy." I further move to award RFP-04-026 Neighborhood Revitalization Strategy to Winston Associates in the total amount of$195,000.00. I also move to approve a ten percent contingency in the total amount of $19,500 for this project" "I move to postpone indefinitely approval of Resolution No. _ amending the fiscal year 2004 budget and award ofRFP-04-026 Neighborhood Revitalization Strategy to Winston Associates." Report Prepared by: Barbara Delgadillo, Assistant to City Manager Linda Trimble, Purchasing Agent Attachments: 1. Winston Associates Proposal, Rate Schedule, and Project Schedule 2. Resolution No. 23-2004 0409lJ RFP-04-026 CAF NRS - .- WINSTON ASSOCIATES 4696 Broadway, Boulder, CO 80304 Phone. 303.440.9200 Fax: 303.449.6911 August 30, 2004 ["-iVIR8"'....(NTAl. PLANNI!'<.G . LA"'DSCAPt: ARCHITECTl,.;!;1e: . l.JRUA-..; ::;~E,::N Dear Barbara Delgadillo, Attached please find the revised scope of work pursuant to our discussions last week. In this Scope of Work we have expanded the descriptions of the various tasks, includmg a more detailed description of the market analysis. After initIal discussIOns with the City staffto refine the scope of work, the onginally-submitted fee estimate has been increased slIghtly: (1) $3000 to create and maintain a web page as requested by the City, and (2) $7,000 to provide for czb's travel related expenses, which we could not estimate until we better understood the onsite meeting requirements. We have budgeted for czb to make three trips to Wheatndge and they will be spending approximately14 man-days in Wheatridge. To provide you further insight into the relative level of effort of the team members, we proVIde you with the following breakdown of the budget: czb LLC $77k RRC/McC $46k Cornerstone $ 7k Web page $ 3k WA $49k Report $13k TOTAL $l95k (draft/final/exec summary) editing, layout, production and printing) We hope this revised scope of work responds to the needs you identified in the meeting last week. Please feel free to contact if you have further questions or desire additional clarification. Smcerely, Winston Assoctates Jeff Winston Principal ATTA~HIVIENT 1 4696 BROADWAY. BOULDER, CO 80302 . 303-440-9200 . FAX 303-449-6911 . www winstonassociates.com . REVISED PROPOSAL Wheat Ridge Revitalization Strategy Study Winston Associates August 29, 2004 THE TEAM We have assembled an extraordinary team for the Wheat Ridge Revitalization Study The team has local familiarity with the west Denver metro area combined with national experience and perspective. Our team members are intimately familiar WIth the data (RRC helped produce the Jefferson County Housing Assessment), and we can "hit the grOtmd running" to meet your schedule needs. We combine data analysis, revitalization experience and all facets of urban design and community planning to assure that the resulting implementation is well focused on strategies that will be effective. The core Winston Associates team will consist of the following: WINSTON ASSOCIATES (Jeff Winston, Allan Calder, Jill Strange) Project lead, project management, urban design, community planning, public facilitation czb (Charles Buki, David Boehlke, Marcia Nedland, Karen Pooley) Neighborhood revitalization strategies, data mining, facilitation RRC/McCormick/The Housing Collaborative (Chris Cares, Kathy McCormick, Wendy Sullivan, DaVId Becher, Nolan Rosall) Housing and commercial analysis, census analysis, survey research, focus groups CORNERSTONE HOUSING (Mary Roosevelt) Federal affordable housing programs, grants, etc Spanish translation, Hispanic outreach Team Organization Project Manager/Primary Contact: Assistant Proj Mgr: Analysis and Strategy development: Resource Analysis: Resident Engagement: Market Analysis: Jeff Winston Chris Cares Charles Buki Allan Calder, Chris Cares David Boehlke Chris Cares, Kathy McCormick, Marcia Nedland and Charles Buki Chris Cares, Eileen Flanagan and Karen Pooley Jeff Winston, Allan Calder Jill Strange Data Collection: Urban Design/Community Planning: GIS: Wheat Ridge Revitalization Strategy Study Winston Associates Page 1 of 10 8/3 \12004 ~ I PROPOSED SCOPE OF WORK From our interpretation of the RFP, conversatiOns wIth City staff, and expenence m numerous other commumty revitalization projects we propose the followmg scope of work. We are prepared to make additional refinements as the study moves forward to assure that it meets the real needs and provides outcomes that will best serve the interests of the Wheat Ridge community TASK 1. Project Start-up and Inventory of Local Development Patterns. The objective of Task 1 is to understand the recent development history and settlement patterns in Wheat Ridge, and, most critically, sub-markets we identify as nearby competition, without allowing our exammation to digress into the retrospective analysis of its evolution. Our main goal will be twofold in the data collection process: to determine who is moving in and moving out now, and what their reasoning is; and who moved in and who moved out in the recent past, and why and what the periodic competition was. 1.1 Data Collection-The Consultant will initiate a request for mapping, written reports and relevant studies including previous staff analyses, recent and pending zoning and redevelopment actions, etc. that pertain to the topics that will be addressed in the NRS, and will then coordinate the delivery of that information in formats appropriate to the study 1.2 Kick-off Session with Council-At an initial work session with the City Council we will review the project goals and objectives and the charge given to the Consultant. It will be our goal to understand Council priorities and assumptions as well as to confirm the basic parameters of the study. We will also review in very general terms (based on experiences in other communities), some of the possible directions and strategies for community revitalization that may emerge. 1.3 Preliminary Interviews-The Consultant Team will conduct preliminary interviews with key residents and city leadership to obtain a preliminary orientation to the issues, structure and interrelationships within the various sectors of the community. 1.4 Physical Assessment-A windshield/walking survey of the housing and other stocks in the study area and relevant surrounding neighborhoods. City Responsibilities Collect and provide to the Consultant reports and other existing information that may be relevant to the study. Provide GIS mapping (ArcView/ArcMap format) including at a minimum: aerial photography, streets, property lines, parcel data (ownership, land use), political boundaries, zoning, flood plains and other hazard mapping. The City will also provide other available mapping data requested by the Consultant. It is understood that the City will provide all data and mapping to the Consultant at no cost. In discussions with the Consultant team, identify leaders, stakeholders and other representative individuals to be interviewed by the Consultant team. Provide adequate credentials/introductions. Wheat Ridge Revitalization Strategy Study Winston Associates Page 2 of 10 8/31/2004 Consultant Responsibilities Prepare project base maps. Prepare prelimmary inventories of physical opportunIties and constraints. Conduct preliminary interviews. Consultant Deliverables ArcView GIS base maps. Opportunity/constraint maps. Summary of initial interviews. TASK 2. Understand the Market Demand. We will analyze the Jefferson County Housing Needs Assessment, census data, and other available information, augmented by field observations and extensive interviews with business owners, to assess how Wheat Ridge is competing in the housing and business marketplace. We will examine the resources that are available in Wheat Ridge to stimulate market activity sufficiently to grow demand in declining neighborhoods, and we will take account of what other resources may be available to provide something of an insurance policy against wholesale displacements. As we presently understand the demographics of the area, we are not overly concerned about large-scale gentrification, but we do believe that care should be given to growing the quality of life in Wheat Ridge, while concurrently growing the supply of affordable housing opportumties regionally. In this regard, we anticipate wanting to explore the regional picture to better ascertain just how imbalanced affordable housing supply and demand may be, and what the nature of the jobs-housing spatial mismatch looks like. Our analysis of Wheat Ridge will consider economic, political, and social factors influencing settlement patterns. It will not be possible to conduct an exhaustive examination of every factor shaping demand - at the regional, municipal, or neighborhood level - but we will be able to examine factors such as the relationship of home ownership to neighborhood stability, historic architecture to place making, trade area strength to commercial corridor redevelopment, and social fabric to political power 2.1 Housing and Commercial Market Analysis--To supplement and/or synthesize any pre-existing market data that may be available, the Consultant team will prepare an overview analysis of current and future economic, housing and market conditions for Wheat Ridge. These findings will help quantify an action strategy for implementation. We will base our residential market analysis on data that was collected as a part of the Jefferson County Housing Needs Assessment, the 2000 US Census, County assessor data, State sales tax collection data, key informant interviews and other data sources that will be identified as the study proceeds. We anticipate that the housing analysis will augment the Jefferson County data to provide more detailed information to understand housing conditions in the area, specifically as it relates to rental and for sale housing cost trends, existing household and employment characteristics and future opportunities. Our analysis will focus on supply and demand issues, and we will identify and quantify housing supply gaps that may exist in the community. Based upon the analysis, our team will be able to discuss the housing/non-residential relationships --e.g., housing needed to support specific retail centerslhousehold spending needed to support the retail component. In addition, the Consultant will develop a regional market context analysis that will address current and future commercial market conditions for various land uses (retail, office, industrial and other non-residential) from a local and (where appropriate) regional Wheat Ridge Revitalization Strategy Study Winston Associates Page 3 of 10 8/31/2004 perspectlVe. The analYSIS will focus on Wheat Ridge's share of historical and future economic growth, WIth particular emphasis on problems and opportunities. Taken together, the residential and commercial reports will provide documentation of conditIOns and trends as well as recommendations concerning revitalization opportumhes and constraints. There will be particular emphasis on information that will help to underpin other components of the NRS work program including the development of area- wide conclusions, as well as neighborhood "taxonomies," and the ultimate creation of the Action Plan. 2.2 Interviews with Resource Groups-- The Consultant team will derive a significant portion of the input to the project via interviews. We will work with the City staff to identify 50 to 100 key individuals (residents, stakeholders, community leaders and other relevant persons) who can provide insights into views of various sectors of the market on Wheat Ridge, its context, obstacles, assets, etc. Some of these will be invited individually; many will be invited to participate in groups of eight. We will conduct these interviews in concurrent, back-to-back sessions over several multi-day periods. 2.3 Neighborhood Taxonomy-We will develop a proprietary classification ("taxonomy") of neighborhood markets in Wheat Ridge that will allow comparison between neighborhoods to inform intervention recommendations and selection of the most appropriate target areas for intervention. This will include: . Assessing the conditions in surrounding neighborhoods relative to supporting development and redevelopment (attractiveness, property values, other 'desirability' factors such as convenience to schools, availability of shopping, infrastructure, etc.) Evaluate the competitive advantages and disadvantages of each neighborhood relative to each other as well as to the regional market 2.4 Preliminary Findings--Extract, codify, and present relevant lessons from collected administrative and other data. City Responsibilities Seek to obtain any existing market studIes that may be useful to the NRS. These will include market studies for projects in which the City has either participated directly or provided direct or indirect subsidies (and therefore to which the City should have access). The Consultant will assist in identifying these studies and structuring the City's request to avoid owner's concerns about proprietary data. For all Resource Group meetings: reserve locations, advertise/extend invitations, provide directional signage for the participants (as necessary). Consultant Responsibilities Work with City staff to identify any pre-existing market studies which the City may be able to obtain. Facilitate all indiVIdual and Resource Group interviews. Prepare Memorandum of Preliminary Findings. Consultant Deliverables Wheat Ridge Revitalization Strategy Study Winston Associates Page 4 oft 0 813 1/2004 Market analYSIS: two integrated reports summarizmg reSIdential and commercial market condItions and demand for additional development of various types. Memorandum of Preliminary Findings, including observations about market demand, physical assets, neighborhood "taxonomy" (comparative assessment). TASK 3. Identify and Analyze Opportunities and Alternatives. Having established a set of baseline criteria, we propose to then identifY and evaluate alternative strategies that would be most successful in Wheat Ridge to trigger revitalization and achieve: . strengthening home ownership in Wheat Ridge · minimizing negative effects of increased demand such as displacement · stimulating commercial development and redevelopment . anticipating the special needs of segments such as seniors We will evaluate the best strategies we can identifY in the context of what private and public sector mechanism may be in place or needed to stimulate desired changes in settlement patterns and in neighborhood behavioral norms. Our end goal is to reposition each neighborhood in Wheat Ridge, and Wheat Ridge in general, as a healthy community of choice, uniquely able to compete in the regIOnal housing market for households with the capacity to choose to be elsewhere. 3.1 The Identification and Assessment of Target Opportunity Areas--We will be actively involved in identifying and evaluating potential target areas in Wheat Ridge where future residential and commercial development strategies should be targeted. In addition, we will assist in prioritizing identified action steps and sequencing intervention strategies. We will provide general recommendations regarding unit type(s), mix and tenure that would be appropriate for the neighborhoods or sites given access to transportation (including light rail), shopping, employment, recreation and identified community housing needs. In addition, we will provide input on commercial market opportunities at the sub-area level (i.e. neighborhoods within the CIty) based on both local and regional considerations. In addition, we will assist in applying the findings from the residential and commercial analyses to specific areas or redevelopment opportunities. 3.2 PhysicaVUrban Design Components-We will analyze site-specific opportunities for the physical strategies (as opposed to the fiscal and social strategies) that emerge from Tasks 1, 2 and 3 While this effort will be driven by the previous analysis, we anticipate that it will include: · IdentifY vacant land and areas that have "susceptibility to change" (redevelopment potential); · Assess the highest and best uses of the sites (to respond to market demand) for either housing or commercial, or both; · IdentifY key areas that, with geographic focus, may yield the highest retwn for public and private investment; · IdentifY "assets" (locational advantages, architectural mterest, natural features, openaspace, etc.) of Wheat Ridge neighborhoods that can be capitalized; Wheat Ridge Revitalization Strategy Study Winston Associates Page 5 of 10 8/3 1/2004 While we will develop strategies and alternatives with the goal In mInd of being supportive of existing development activity, we reserve the right in the final analysis to recommend the strategy we think best repositions Wheat Ridge, whether or not such a strategy is consistent with pre-existing development activity. Too often we have encountered planning and development activity that was misguided, and while every indication in the RFP suggests current development activity is appropriate, we cannot be certain this is the case without further review. 3.3 Strategies for Low and Moderate Income Housing-- In addition to our examInation of market-driven strategies, since the "market" doesn't typically provide for low and moderate income housing needs, we will also take a close look at how Wheat Ridge can address this segment of the market to provide an overall balanced strategy. We will address this on two fronts: (1) what product types is being built in surrounding communities for this market, and (2) what funding sources (federal programs, grants, etc.) are available to assist the City (County and others) to provide low and moderate income homes. TASK 4. Create an Action Plan. This phase will evaluate the relative strengths and weaknesses of the alternatives, and work with the City to identify a Preferred Alternative, and/or priorities for action. The actions will be detailed, integrated, and implemental within the resources available to the City. Though the actions will be derived from the foregoing analysis, we can suggest examples of the kinds of actions that might emerge: . Aggressive marketing to targeted newcomers, identification and conversion of strong tenants to homeownership, retaining current homeowners, and promotion of the neighborhoods in general; . Rehab lending for home improvements above the prevailing standard, especially to the exteriors of the houses, purchase-rehab-resale of foreclosed properties, and code compliance where appropriate; . Block projects, community clean-up and paint up programs, resident training In leadership and in neIghborhood marketing, and resident participation in the redevelopment organizations; . Public investments such as infrastructure improvements, open space and park needs/opportunities, exterior alteration strategies, civic improvements, etc. . Identification of areas for development and redevelopment, ranging from modest infill development to large scale redevelopment; . Projects to improve gateway streets, installing entry signs, promoting the areas as positive, neighborly, safe places, and holding neighborhood events to reinforce a positive identity; . General guidelines for establishing and upgrading an overall character and quality of design in Wheat Ridge. We will test the proposed actions and strategies against criteria developed during the process, such as: "will it increase confidence about the value of properties in the neighborhood?", "does it take advantage of existing assets in the neighborhood?", etc We will array the actions in a prioritized implementation action plan, with an order-of-magnltude fiscal pro-forma. Wheat Ridge Revitalization Strategy Study Winston Associates Page 6 of 10 8/3 1/2004 4.1 Draft Report-We will pull together the lessons from the data with the analysIs of the study area to form a draft report of recommended viable mterventions the City of Wheat Ridge may take to reposition the city's neighborhoods to more successfully compete for market share of strong West Denver suburban households to achieve greater neighborhood health as measured by increased property values, decreased time on market, and increased rates of home ownership and owner reinvestment activity. 4.2 Document Reviews--We will interact with the City of Wheatridge to refine the draft report into a set offinal recommendations acceptable to the City. 4.3 Final Report--Issue a written final report recommending a set of inter-related mterventions that the City of Wheatridge could undertake to stimulate increased demand in the study area. 4.4 Executive Summary-We will provide a short summary of the final report that can be used for general public distribution. 4.5 Presentation-Make a public presentation of the final report to an audience determined by the City of Wheatridge, for the purpose of launching a subsequent phase of refmed strategy development and strategy implementation. City Responsibilities Distribute draft reports for comment. Make additional copies as necessary. Collect and collate comments, provide direction as to resolution of conflicting comments. Consultant Responsibilities . Prepare draft and final reports. . Make final presentation to City Council. Consultant Deliverables Draft Report: 30 copies, plus digital reproduction master, 8 Y, x II formats, black and white Final Report: 30 copies, plus digital reproduction master, 11x17 horizontal format, with text, charts, color photographs, tables, color maps and diagrams to illustrate key points of the study An example of a final revitalization report can be found on czb's web site www.czb.orl!labout czb/work samples/Revitalizinl!: East Central Ol!:den, which we encourage you to review. Executive Summary: 200 copies, plus digital reproduction master, 8 Y, x II formats, black and white. Draft and Final Reports will include: · An evaluation of each of the major neighborhoods in the study area, including criteria such as physical condition, image, market characteristics and neighborhood self- management. · A "taxonomy," or detailed analysis of neighborhood strengths and weaknesses, in some cases down to the block level. This sophisticated grain of analysis will provide specific rating of conditions, such as observations about which streets are working well, what current strategies are working, where interventions can be focused vs. spread out, etc. Further, it will prioritize the order of actions. What should happen when, and where to start will be critical elements ofthis deliverable product. Wheat Ridge Revitalization Strategy Study Winston Associates Page 7 of 10 8/3 I /2004 · An evaluation of alternative actions. Knowing that circumstances change, in addition to a preferred set of actions, we also provide alternatives and their relative merits to enable future decision-makers to not only have choices, but also to understand what actlOns were considered and why they were given lower priorities. · An implementation strategy-actions, pnoritJes, responsibilities, order-of-magnitude cost/revenue pro fonna's-supported with graphIcs and written text, will proVlde Wheat Ridge with an actionable document with strategic underpinnings at its core. PowerPointfinal presentation to City Council. Our PowerPoint presentations are effective communication tools that are also a record about the process of the project. PowerPoint presentations can be used by staff to make internal updates or updates to civic groups. TASK 5. Public Input The public participation process will be an important product of our work. Although this study is intended to be advisory in nature, and is not intended to be a formally adopted plan, it will nevertheless have a strong component of public input-in a variety of ways-including work sessions with Council and other boards and commissions, meetings with City staff and department heads, numerous interviews and focus groups with residents, business persons, leaders of housing providers and associations, and at least two meetings to present the recommendations to any interested parties. 5.1 City Council Work SessionslUpdate of Boards and Commissions -In addition to the orientation work session identified in Task 1, we will have at least two more working sessions with the City Council: an interim update, and a presentation of the final report. In addition, we anticipate that the staff will make periodic reports to the Council throughout the course of the study. The Consultant will make up to 3 presentations to Boards and/or Commissions (that may also involve City Council) to provide opportunities for input, while also facilitating an understanding of the plan and its contents. One of the goals of these sessions will be to insure that both elected and appointed officials fully understand the actions, and associated implementation program, that are contemplated by the plan, and that may involve reviews or input from various boards or commissions. 5.2 Steering Committee--- The day-to-day work of the study will be under the direction of a steering committee composed of members of the City Manager's office, the Purchasing Department and the Community Development office. It is understood that the Assistant City Manager will be the primary point of contact and Liaison for the Consultant. Throughout the study we anticipate an average ofbi-weekly communication with the Liaison (via meetings, conference calls or net meetings), and at least monthly meetings with the Steering Committee as a whole. 5.3 Technical Advisory Committee---Periodic reviews and technical input will be obtained through a Technical Advisory Committee composed of representatives from the following departments: City Manager's office, Purchasing, Community Development, Public Works, Parks, and Sales Tax. We anticipate up to four meetings with the Technical Advisory Committee. 5.4 Stakeholder Interviews/Focus Groups-A significant source of input for the study will be from indIvidual and group interviews (focus groups). We will conduct individual Wheat Ridge Revitalization Strategy Study Winston Associates Page 8 of 10 8/31/2004 FEE ESTIMATE Followmg is a revised allocation of potential costs to the tasks identified above. Task 1: Review of local development patterns. 38,000 Task 2: Understand the Market Demand. 45,000 Task 3: Opportunities and Alternatives 35,000 Task 4: Create an Action Plan 47,000 Task 5: Public InputJProject Coordination 30,000 Total: 195,000 See attached Rate and Expense Schedule for revised Billing Rates. INSURANCE The Consultant will furnish a certificate of insurance compliance with the following minimum types and coverage of insurance. Note our current coverage's in General Liability. Type of Insurance Minimum Limits of Liability Standard Workers' Compensation & Employers' Liability Including Occupations Disease Coverage Statutory in conformance with the compensation laws ofthe State of Colorado Comprehensive General Liability Insurance $250,000 each person $1.000,000 each occurrence $2,000,000 aggregate Comprehensive Automobile $250,000 each person Professional Liability (errors and omissions) $1,000,000 each occurrence We will add the City of Wheat Ridge as an additional named insured on General Liability and Auto certificates of insurance (not permitted by insurers for Professional Liability and Workers' Compensation). Wheat Ridge Revitalization Strategy Study Winston Associates Page 10 of 10 8/3 1/2004 . RATE Principal $135.00/hour $1,080.00/ day Charles Buki $157.50/hour $1,260.00/ day Chris Cares $135.00/hour $1,080.00/ day Mary Roosevelt $135.00/hour $1,080.00/ day Kathy Mc Cormick $135.00/hour $1,080.00/ day Senior Associate $110.00/hour $880/ day Planner & Landscape Architect 11 $ 75.00/hour $600/ day Landscape Architect $ 60.00/hour $480/ day Drafting/ CAD $ 60.00/hour $480/ day Administrative Assistant $ 45.00/hour $360/ day Clerical $ 37.50/hour $300/ day REIMBURSABLE EXPENSES RATE AND EXPENSE SCHEDULE Air travel, lodging, meals, car rentals and related travel and subsistence out-of-pocket expenses are billed at direct cost. Subconsultant fees are billed at 1.05 x billing rate. Travel time is billed at half the hourly or daily rate above. Long distance telephone calls are billed at direct cost. Mileage is billed at $.28 per mile. In-house photocopies are billed at $.15 per copy Whenever possible, large runs are sent to outside sources at reduced cost. Fax transmittals are billed at $0.50 per page. Fax receipts are billed at $0.25 per page. All other reimbursable expenses including printing, postage, supplies, film, photos, etc. are billed at direct cost. Report publications and special presentations (renderings, models, photo montages, etc.) are considered reimbursable expenses and must be negotiated with the client separately according to special requirements. . \\1"-"1,)"- \"",)(1\11" c w.2 :H Co; w'" :J:I; uo: Ill]: 1-" U ~ wE (3 ~: <<0.,. 0.. ..-g o .g-. w<< ~ III _ c :>: ~ w.<:c II:: ;= !i: J ,) " 1 j 1 ...]~, .. u.: i 1 ~ :" '~-l ~ lS]' ""'" I. <Il ,', .i ;1~ ~u .. 1 ;,~ . ~.j C"';$ }S '4 .. ~1 J -~ ,i~1. t1"; 'I "I, "j. ~i .~ >l:~ o~" Z _-_-.-~ ~ ~j ,; ~~ [3 L:' ~ ~ u~ o ,':i' ~ . . . . . . . , :-j ., " "w~ ") ,i; . . . . . --~ ~ . ! ~ ~ 0 E r ~ . {! N ~ ~ ~ . . . ~ I- I- . . . . .. . . . .. . .. . . . .. . . . .. . t: c c >- .g ~ ~ ~ ~~gi ii~~~~~OI ~EiE~~~u j lie~~~85'~ .~ ~O~.~.~ e;?€.;I~:g o u..1.LQ.,-,_I(I)~o.... .. ~ . {! ~ ~ . . I- RESOLUTION NO. 23 Series of 2004 A RESOLUTION AMENDING THE FISCAL YEAR 2004 BUDGET TO PREPARE A NEIGHBORHOOD REVITALIZATION STRATEGY WHEREAS, the City of Wheat Ridge applied for a Community Development Block Grant to prepare a Neighborhood Revitalization Strategy; and WHEREAS, Community Development Block Grant funds will be reimbursed to the City after imtial payment and therefore, City Council must set aside funds to prepare the Neighborhood Revitalization Strategy prior to grant approval; and WHEREAS, the City Council deSIres to accept the grant m the amount of $214,500; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a ResolutlOn. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Wheat Ridge, Colorado, as follows: A. The City hereby shows good faith to accept the grant by transferring $214,500 from the general fund undesignated reserves to account 01-105- 700-750 and amending the 2004 fiscal year budget accordingly. B. The City Manager is authonzed to execute all documents necessary for the acceptance of the grant. C. Upon receipt ofthe Community Development Block Grant funds, the funds are returned to the general fund undesignated reserve account. DONE AND RESOLVED THIS 13th day of September 2004. Gretchen Cerveny, Mayor ATTEST: Pamela Y. Anderson, City Clerk ATTACHMENT 2 ITEM NO: ~ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: September 13,2004 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2004 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OFA BUDGET SUPPLEMENTAL APPROPRIATION FOR CITY CLERK AND CITY TREASURER SALARIES o PUBLIC HEARING o BIDS/MOTIONS L8J RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: _) o ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes o No M EXECUTIVE SUMMARY: The annual salaries for the elected City Clerk and City Treasurer were officially set in November 2003 by the registered electorate of Wheat Ridge at an amount of$29,000 each, with no benefits. The 2004 budget was adopted on September 8, 2003, when the salaries for City Clerk and City Treasurer were set at an annual base salary of$l 0,080 or $22,000 for persons with approved accreditation. The 2004 salary for the City Clerk was budgeted at $10,080 while the salary for the City Treasurer was budgeted at $22,000 Therefore, a budget supplemental appropriation from the General Fund unreserved fund balance, in the amount of$27,912, is necessary to meet these fiscal year 2004 budget obligations. COMMISSION/BOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: On May 27, 2003, City Council approved Ordinances 1289 and 1290, which changed the salaries of City Clerk and City Treasurer, respectively, from $37,000 annually to a base salary equal to the Mayor's salary ($10,080 annually) or $22,000 annually for persons with approved accreditation. On August 25, 2003, City Council approved Ordinances 1305 and 1306, which repealed Ordinances 1289 and 1290 and reenacted Sections 2 and 3 of Ordinance 1175, Series of 1999, which changed the salaries of the City Clerk and City Treasurer back to $37,000. On September 8, 2003, City Council approved Resolution 19-2003 submitting a proposed ordinance to the November 2003 ballot asking the registered electorate to set the salary for the City Clerk and City Treasurer at $29,000 annually. ALTERNATIVES CONSIDERED: None FINANCIAL IMP ACT: A budget supplemental appropriation is requested in the amount of$27, 912. There are adequate funds in the General Fund unreserved fund balance to meet this request. The funds will be distributed as follows: City Treasurer 01-101-600-602 Salaries $7,000 01-101-600-620 FICA $434 01-101-600-625 Medicare $111 City Clerk's Office 01-108-600-602 Salaries $18,920 01-108-600-620 FICA $1,173 01-108-600-625 Medicare $274 RECOMMENDED MOTION: "I move to approve Resolution No. 24-2004, a budget supplemental appropriation from the General Fund unreserved fund balance in the amount of$27,912 for City Clerk and City Treasurer salaries." Or "I move to postpone indefinitely Resolution No. 24-2004, reason(s) for the followmg " Report Prepared by: Reviewed by: Patrick Goff, Administrative Services Director Randy Young, City Manager Attachments: 1. Resolution No. 24-2004 2. Ordinance No's 1289, 1290, 1305, 1306 040913 Clerk and Treasurer Salaries supplemental budget CAF RESOLUTION NO. 24 Series of 2004 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2004 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION FOR CITY CLERK AND CITY TREASURER SALARIES WHEREAS, the 2004 Budget for the City of Wheat Ridge was adopted on September 8, 2003; and WHEREAS, the annual salary for City Clerk was adopted at $10,080 and for City Treasurer at $22,000; and WHEREAS, on November 4,2003 the registered electorate of the City of Wheat Ridge voted for annual salaries for City Clerk and City Treasurer in the amount of $29,000 each; 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 2004 General Fund Budget be amended accordingly, specifically transferring a total of$27,912 from General Fund unreserved fund balance into the following accounts: #01-101-600-602 #01-101-600-620 #01-101-600-625 #01-108-600-602 #01-108-600-620 #01-108-600-625 $7,000 $434 $111 $18,920 $1,173 $274 DONE AND RESOLVED THIS _ day of September 2004. Gretchen Cerveny, Mayor ATTEST: Pam Anderson, City Clerk ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER EDWARDS Council Bill No. 19-2003 Ordinance No. 1289 Series of 2003 TITLE: AN ORDINANCE PRESCRIBING COMPENSATION FOR THE OFFICE OF CITY CLERK WHEREAS, the City Council is authorized by Charter Section 3.12 to prescribe compensation for elected officials by ordinance; and WHEREAS, no such ordinance may increase or decrease such compensation with respect to a current term of office; and WHEREAS, the Council wishes to prescribe compensation for the office of City Clerk for terms of office commencing on and after the November 4, 2003 regular municipal election. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. City Clerk Compensation. For terms of office commencing on and after the November 4, 2003 regular municipal election, the compensation of the City Clerk shall be as follows: a. Base salary: an amount equal to the Mayor's salary as of the effective date of this ordinance. b. For persons who either have been accredited by the Colorado Municipal Clerks Association as a certified municipal clerk, or who possess a masters degree in public administration: $22,000 per year, at and after the time such person acquires such qualifications. c. No City-paid medical, dental, life or pension benefits shall be provided. Section 2. Section 2 of Ordinance 1175, Series 1999, adopted on October 11, 1999, is hereby repealed. 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 GED\53027\441422.01 ATTACHMENT 2 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. 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 4. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 2 on this 12th day of May, 2003, 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 May 27, 2003, 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 77th day of May , 2003. SIGNED by the Mayor on this 28th day of May ,2003. /V~~ GrF>tf'hljn Corvony, M3ygr ATTEST: ~..(.A6u<~ Wanda Sang, City CI First Publication: May 15, 2003: Rocky Mountain News 5/19/03 Second Publication: June 5, 2003 Wheat Ridge Transcript Effective Date: June 20, 2003 2 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER EDWARDS Council Bill No. 20-2003 Ordinance No. 1290 Series of 2003 TITLE: AN ORDINANCE PRESCRIBING COMPENSATION FOR THE OFFICE OF CITY TREASURER WHEREAS, the City Council is authorized by Charter Section 3.12 to prescribe compensation for elected officials by ordinance; and WHEREAS, no such ordinance may increase or decrease such compensation with respect to a current term of office; and WHEREAS, the Council wishes to prescribe compensation for the office of City Treasurer for terms of office commencing on and after the November 4, 2003 regular municipal election. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. City Treasurer Compensation. For terms of office commencing on and after the November 4, 2003 regular municipal election, the compensation of the City Treasurer shall be as follows: a. Base salary: an amount equal to the Mayor's salary as of the effective date of this ordinance. b. For persons who either have been accredited as a certified municipal finance administrator by the Association of Public Treasurers United States & Canada, or who possesses all of the qualifications for such accreditation with the exception of the two year membership, or are a certified public accountant or possess a masters degree in public administration, business administration, or finance: $22,000 per year, at and after the time such person acquires such qualifications. c. No City-paid medical, dental, life or pension benefits shall be provided. GED\53027\441422.02 Section 2. Section 3 of Ordinance 1175, Series 1999, adopted on October 11, 1999, is hereby repealed. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severabilitv: 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 4. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 2 on this 12th day of May, 2003, 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 May 27, 2003, 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 5 to 2, this 27th day of May, 2003. SIGNED by the Mayor on this 71lth day of ATTEST: May ,2003. IV~~~ Cretcl'<;:;1I CervellY, Mayur cJ ~ '\'{;\"'I\ At:Z43w Gerald E. Dahl, City Attorney 2 First Publication: May 15, 2003: Rocky Mountain News 5/19/2003 Second Publication: June 5, 2003 Wheat Ridge Transcript Effective Date: June 20, 2003 3 First Publication: May 15, 2003: Rocky Mountain News 5/19/2003 Second Publication: June 5, 2003 Wheat Ridge Transcript Effective Date: June 20, 2003 3 shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. Effective Date. This ordinance shall take effect immediately upon final adoption, as authorized by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of -L to JL.. on this 28th day of July, 2003, 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 August 25, 2003, 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 7 to 1 , this 2lithday of August, 2003. SIGNED by the Mayor on this First Publication: July 31 J 2003 Ser:;ond Publication: August 28 J 2003 Wheat Ridge Transcript: Effective Date: August 25 J 2003 CNB\53027\448714 26th day of August ,2003. ~~~lQ, c6JiJJ Gerald E. Dahl, City Attorney CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Edwards Council Bill No. ~3 - 2003 Ordinance No. 1306 Series of 2003 TITLE: AN ORDINANCE REPEALING ORDINANCE NO. 1290, SERIES 2003, AND REENACTING SECTION 3 OF ORDINANCE NO. 1175, SERIES 1999, CONCERNING COMPENSATION FOR THE OFFICE OF CITY TREASURER WHEREAS, the City Council is authorized by Charter Section 3.12 to prescribe compensation for elected officials by ordinance; and WHEREAS, pursuant to this authority, the Council previously adopted Ordinance No. 1290, Series 2003, prescribing compensation for the office of City Treasurer for terms commencing on and after the November 4, 2003 regular municipal election; and WHEREAS, the Council now desires to repeal said Ordinance No. 1290 and reenact the previously effective ordinance provision prescribing compensation for the City Treasurer. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Ordinance No. 1290, Series 2003, of the City of Wheat Ridge, Colorado, is hereby repealed. Section 2. Section 3 of Ordinance No. 1175, Series 1999, of the City of Wheat Ridge, Colorado, is reenacted. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. 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 CNB\53027\448719 shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. Effective Date. This ordinance shall take effect immediately upon final adoption, as authorized by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of --L to .l2..- on this 28th day of July, 2003, 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 August 25, 2003, 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 7 to 1 ,this 25thday of August, 2003. SIGNED by the Mayor on this First Publication: July 31, 2003 Second Publication: August 28, 2003 Wheat Ridge Transcript: Effective Date: August 25, 2003 CNB\53027\448719 26th day of August ,2003. ITEM NO: 5 \ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE' September 13, 2003 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2004 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION TO PROVIDE FOR UTILIZATION OF CDBG FUNDS FOR THE ESTE~CARRSTREETIMPROVEMENTPROJECT o PUBLIC HEARING o BIDS/MOTI0NS [2J RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date' o ORDINANCES FOR 2ND READING ) Quasi-Judicial: o Yes L8J No City Manager EXECUTIVE SUMMARY: City Staff has secured additional Community Development Block Grant (CDBG) funding for the Estes-Carr Major Street Improvement Project. The project is a muti-year project to reconstruct the failing streets in the Clearvale Subdivision. The general project limit is bounded by 46th A venue to the south, South 1-70 Frontage Road to the north, Carr Street to the east and Estes Street to the west. City Staff has been pursuing the CDBG funds and has approval to utilize the funds to extend the construction limits of phase I of the said project. The existing 2004 budget includes $40,000 in CDBG funds for capital projects. Additional funding of$144,912 has been secured from Jefferson County. Therefore, the budget should be amended to reflect the revised amount of$184,912.00 from CDBG sources. The 2004 Capital Improvements Program (CIP) budget for the 46th A venue-I-70, Estes-Carr Major Street Improvment project should be mcreased from $650,000 to $834,912. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The final CGBG funding amount established by Jefferson County has been increased significantly from the original revenue included m the 2004 budget. The higher funding was approved to specifically Improve the Clearvale SubdivisIOn, a neighborhood meeting the HUD criteria for revitalization. The Clearvale neighborhood was built approximately 50 years ago and the streets servmg this neighborhood have exceeded their serviceable life. In Addition, this neighborhood has continued to experience very poor drainage, which has resulted in distorted curb lines and failed pavement sectIOns. This area was Identified as a priority neighborhood for street improvement over the next several years. Use ofCDBG funds will expand the construction project for 2004 and accelerate the neighborhood street reconstruction. AL TERNA TIVES CONSIDERED: N/A FINANCIAL IMPACT: CDBG Funds are currently budgeted at $40,000 as revenue in the Capital Improvement Budget. Final revenue from CDBG sources, as confirmed by Jefferson County, is now $184,912.00 This amount in its entirety will be utilized in funding the Estes-Carr Major Street Project. Specifically, the CDBG line item in the Revenues section will be increased from $40,000 to $184,912.00 and the 46th Avenue-I-70, Carr-Estes Major Street Improvement line item m the ExpendItures section be increased from $650,000 to $834,912.00 "I move to approve Resolution No. 25-2004, amending the Fiscal Year 2004 Capital Improvement Program budget to reflect the aproval of a supplemental budget appropriation to provide for utilization ofCDBG Funds for the Estes-Carr Street Improvement Project by adjusting account # 30-520-00-539 to reflect the CDBG final revenue amount of$184,912.00 and amending the budget of account #30- 303-800-846, 46th Avenue 1-70, Estes-Carr Major Street Improvement, from $650,00000 to $834,912.00." - or, "I move to table indefinitely Resolution No. 25-2004 for the following reason(s) " Report Prepared by: Reviewed by: Steve Nguyen, Engineering Manager Tim Paranto, Public Works Director Patrick Goff, Administrative Services Director Attachments: 1 Resolution No. 25-2004 040913 CAF CIP Budget Amend for Project Increase from CDBG RESOLUTION NO. 25 Series of 2004 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2004 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION TO PROVIDE FOR UTILIZATION OF CDBG FUNDS TO FUND THE ESTES- CARR STREET IMPROVEMENT PROJECT WHEREAS, the City's current budget for Community Development Block Grant (CDBG) funds projection needs to be adjusted to reflect the increase in the actual amount as determined by Jefferson County for 2004; WHEREAS, the City has deCided to allocate the 2004 CDBG funds as additional funds to extend a roadway improvement project in the HUD qualified area. This is much needed fundmg to help revitalize the Clearvale Subdivision. WHEREAS, funds in the 46th Ave.-I-70 Estes-Carr Major Street Improvement CIP account be mcreased m the expenditure as a result of this increase in CDBG fundings to help finance the project; 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 2004 CIP Budget be amended accordingly, specifically adjusting the Community Development Block Grant line item, account # 30-520-00-539, from $40,000 to $ 184,912.00 and amend the 46th A ve.-I-70, Carr-Estes Major Street Improvement line item, account # 30-303-800-846, from $650,000 to $834,912. DONE AND RESOLVED THIS _ day of September 13, 2004. Gretchen Cerveny, Mayor ATTEST: Pam Anderson, City Clerk ATTACHMENT 1 ITEM NO b, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE September 13, 2004 TITLE: CULTURAL COMMISSION APPOINTMENT o PUBLIC HEARING L8J BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date _) o ORDINANCES FOR 2ND READING QuasI-JudiCial 0 L8J Yes No ~~ y Clerk EXECUTIVE SUMMARY: An apphcation for the vacancy in Dlstnct II on the Cultural CommissIOn has been received by Joyce Jay The Cultural Commission is the official cultural organization of the City of Wheat Ridge established for the promotIOn of culture and the arts that directly and indirectly benefits reSidents of the City through cultural ennchment, educational opportumtles, exhibitIOns, fairs, and Similar events. The commiSSIOn consists ofmne (9) members. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: If an apphcant IS not appomted to the Cultural CommiSSIOn the vacancy will remain. ALTERNATIVES CONSIDERED: Not appoint applicant to fill the vacancy on the Cultural Commission. FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "I move to appoint Joyce Jay of District II to the Cultural Commission, term to expire March 2, 2005 " or, "I move to deny the appomtment of Joyce Jay to the Cultural Commission because Attachments: Joyce Jay Cultural CommissIOn apphcation. Report prepared bY' Pam Anderson, City Clerk ReViewed bY' Randy Young, City Manager "i J uF IfT'HE!l. i ~I-~ ~ PLEASE APPLY ONLY FOR ONE BOARD OR iCCi)MMlSSI~flIc f i CITY OF WHEAT RIDGE 04 AUG 30 AM 10: 5 I; APPLICATION FOR APPOINTMENT TO TH,E: C (/.1+ (/ a /J / eo /1'1111 (' J r,of /!/ (BOARD/COMMISSION/COMMITTEE) DATE g /;2 ~/'" t/ , I ''1- DISTRICT: ~ HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE? N'f~ r ARE YOU A REGISTERED VOTER? ~ WHY ARE YOU SEEKING THIS APPOIN'ENT? 5'p fh I -l2e -i , I?e /I f P-u It" s r,~ 1';../ /l4~ib!!!! At f;:-:~:~t!?A~~~r/;'~;vp~~~'~r/~~~ '~/P-(' ~J YJPII'/ DO YOU HAVE EXPERIENCE IN THIS AREA?JJ/ +J ~ A p"-}(~,.Jlc/et7l'or(Jfltale 5p'/f/5''i'' / / I' jl'PF. HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? ~0 -- ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES? -1JJn Signatu~if /7 ::; /?- y (p / PLEASE PRINT OR TYPE NAME. :J 0 v c e.- ADDRESS' C p-- P.. 5cf, HOME PHONE: )v )- 'a-t/ -tf- .,r} ;$ BUSINESS PHONE: 5,a /11 L , Distributed to: Dale: CO/30/n<j City ClerX: v- City Treas: ouncil: 8 Mayor: } City Mgr: I City Atty. I Dept Heads: 'ATTACHMEN APPLICATION WILL BE KEPT ON FILE FOR PUBLIC COMMENT ROSTER DATE: September 13, 2004 ANY PERSON MAY SPEAK ON MATTERS ~ilI""~.aJ~" ~ FOR A MAXIMUM OF THREE MINUTES, UNLESS ADDITIONAL TIME IS GRANTED BY AGREEMENT OF COUNCIL. EACH SUCH PERSON MUST SIGN THE PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. .iP'!~.k,R~Ud.;tU4' NAME ADDRESS TOPIC SLv\ \ \3 \ 200~ f\\)h0S L~ '~.\L '-'\ 10\ -, \.ALL\ \) Golf ~ 1 lO~\ oL C\ S, J'\L0 G <;LtlUL-z:. ~\ \~\ E- S Th \\..-l- tv \~\\ \LeN , , '-:J t.- '{-\.cV\ \f) E)\\'J Ll:J0t\ \}j\\WU(\ U~ ti~ t\ I If-- L " ~, C,'b, (j "" 0\ \ ( iLL ) ~G - 20GL\ 9--0 -- ::2-U 0 y \3~3 \)Q,4 'Vi:J- Q~ ~' \S>. 1\),,'~4 "'~"'"J ' - (,,~Ij ~~ _ ",,,,-;:}c oY' 't-.&SL0'\ ,0 D~ ' \ t1w '\ \ ,~O \' l fA \ @ CITY OF WHEAT RIDGE, COLORADO September 13. 2004 '" r\ ; lj\ J\ ~"- Mayor Cerveny called the R,egular City;touncil Meeting to order at 7 00 P m Councilmembers present: Karen Adam~ren Beny)Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, and Mike Stites Also present: Deputy City Clerk, Christa Jones, City Manager, Randy Young, City Attorney, Gerald Dahl, Director of Community Development, Alan White, Director of Public Works, Tim Paranto, staff; and interested citizens APPROVAL OF MINUTES OF AUQust 23.2004 o \'~. ,,\\, I d- i\ "'~ ~,,() i Motion by Mr DiTullio for approval of the Minutes of August 23, 2004, seconded by carried r c'. . [\1, . r ev.1 - \... \ . PROCLA~: TIO~S AN~~E~E~'~~ ,V' 01A, N& \ (1""- I ~ f"-l Mayor Cerveny read and presented Proclamations for - c...~ J \ -0\/\ ,> ",1\ ) Stepfamily Day - September 16, 2004 ~ Constitution Week - September 17 - 23 (, ,_'yvy '\ I '.J I CITIZENS' RIGHT TO SPEAK APPROVAl OF .AGENDA------- ~ '-' "-/ '-' Item 1. Consent AQenda: ~G'~\Iv\~tJ \ ~,,-\(\( ~ ~CJL,--\ /~ ~~~ A. Award ITB-04-023 Estes-Carr Major Street Improvement Project. B Award ITB-04-029 2004 Miscellaneous Drainage Improvement Project. C Award RFB-04-030 Traffic Signal Equipment Purchase Consent Agenda was introduced and read by 0\\<"1 \ r~U';' \ '^.&' \y Motion by ,L~\ \ ' 'U\'--j I~\ C For approval of the Consent Agenda, seconded by carried \ ~ () ~~;~ ~ CITY COUNCIL MINUTES September 13, 2004 Page -2- ORDINANCES ON FIRST READING ~t\ U L9= Item 2. COUNCIL BILL 19-2004 - AN ORDINANCE AMENDING ORDINANCE 973, SERIES 1994, CONCERNING CABLE TELEVISION CUSTOMER SERVICE STANDARDS Council Bill 19-2004 was introduced,on first reading by \j\~ I ~lui^-- ~\Q \01" ) . : I'\[' C \,' '\. '\'<C ~ ~ ~ c v+ '-0~ '),-" V'n,.;vv^'-. L'--j~ Motion by IJ ~V'I ~A,,-\;.JJ.yi " ~ to approve Council Bill 19-20a4 on first reading, order it published, public hearing set for Monday, r;,t, fT I ~ d-\ 2004 at 7 00 P m in the City Council Chambers, and that it take effect 15 days after final publication, sec~nded by ~ ,/' ~ ' earned J.- \) 1 v CA.. \ ~- \J ''rf.", ck DECISIONS, RESOLUTIONS, AND MOTIONS Item 3. RESOLUTION 23-2004 - AMENDING THE FISCAL YEAR 2004 BUDGET AND AWARD OF RFP-04-026 TO WINDSTON ASSOCIATES FOR PREPARATION OF A NEIGHBORHOOD REVITALIZATION STRATEGY I\r-, r \ ~ . (\(' , Resolution 23-2004 was introduced by \J \\\j ~ JJ" \A;~~~A 6' , _ Motion by \('\\, II D;:-\St\~to approv~ ~.esolution 23-2004, seconded by ~\}\J~., carried 0--~~ 01'\"'vl'Z r-D -~ Item 4. RESOLUTION 24-2004 - AMENDING THE FISCAL YEAR 2004 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION FOR CITY CLERK AND CITY TREASURER SALARIES -;\ \}A,J!, J,-U\ \... "\ (''- ~ " Resolution 24-2004 was introduced by \J\\'\ \. jj" '\ tv...\Sv\ C- Moti.on by i; ~\ \ L ,~\ ~ \\, to approve Resolution 24-2004, seconded by S CVy-" '\ I earned ""~ , ~-O J CITY COUNCIL MINUTES September 13, 2004 Page -3- Item 5. RESOLUTION 25-2004 - AMENDING THE FISCAL YEAR 2004 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION TO PROVIDE FOR UTILIZATION OF CDBG FUNDS FOR THE CARR- ESTES STREET IMPROVEMENT PROJECT . Resolution 25-2004 was introduced by S\\'-10 , ~J, -C,J( ,,--. . C~ t"c~~.~. I \' 1" 1 '1 Q LY\CY> r "{ fV~~< "'^ ~ n -O_lC \~ C. c \. Motion by \, \ \1-' , (i, ~\ to approve Reso~ution 25-2'M4, seconded by (ill ( " ( carried '[_ \) ) \.i li'y-:) I ~l.Vf\,c~ Item 6. Cultural Commission Appointment. Motion by \f\'V'(') t t~~~~~~ Joyce Jay of District II to the Cultural Commission, term to expire March 2, 2005, seconded by 0 '~. \; I carried 1- 0 .)<--.. \r1 ~"\ I CITY MANAGER'S MATTERS 1" ~0\[')( .1 CITY ATTORNEY'S MATTERS !j\ t- ~\ '\ v~ ELECTED OFFICIALS' MATTERS '\,\<iyc/<...,!kc\ \"'CC\\~ \-D, ~"^l (~"'\ \,J, \ \j ~ ~ \ GVJ If ~""-{ :.\ ':) J--, k~ \'y'C\ \L'l':;'\' ') . ~~,~ '\)\9" ~ , Sci l'_~i ry'.'\"''''~c\ \S(}\\.L \i~ "(\ S,,\~ '^./y~,^,.~ ""~'Y-;"':) ,"-~.:_ J \; ~l}S " I \; .~ '- C1'4~'VLW \ ' , '~J. J \ \ \ I ' . i '- '10, ' I I 'V. <:.,/\ (,\ '^ \\ l-vv~( l \..r\'\\i-' <) c\ t"'-J , ,~'v' \c ''1 '-\./) \ \,) \~" \ \ w-, CAAS:.. ''\' ~ ~ n'-\ \j.-o,~'1, ( J '''.. el. \9 '.\\ h\ C.}..'''\ "'1,\'..\42[, ," "- " \"., \~,\'Vl\\\s.:. ,'-' \J \ V.J J .t-,J .\, ): Ll "'"' \ C "'''N'- ~I<;---< ~~ \. ~ u\ \' I \A)\ . 'J ~ \)- ,,\ ~, ")"- 'e 'U..i" \ j \ , (: t. tv,," ~_C' I),.n <\. 'Yl '\ ~,~ c\ .) n L,) :; \ ("~~ 'I.... C '\-v~\C I ~', I \~ \ \ ) \ cA '\ '0'" ~C' \\c,c' L, G'\.\li...,V;r (V\\I2......~~ \i\\~v-(',J "u.~,\~r c" ,1.''- ) \ ~~ 'v~k I' X- ~"\ JS c."",,\ il\. \ \.. '\ tL... ' . , \ '.J ') I X..:; (\~S c.\- \ r,'{l t, (\ ~ )-f,,',) \--Q"-c,.L(. ')Q ~C-I (\"~\s-" " \ " j .\ \~ (~\~<'.>(- 1, ~ -'\1 ~ JJ "'~\" 1'" ,J ",.\ \0' c: \~'0 l\~l', ,\ ~ t; CITY COUNCIL MINUTES September 13, 2004 Page -4- Meeting adjourned at l '\ 30 p m Christa Jones, Deputy City Clerk APPROVED BY CITY COUNCIL ON SEPTEMBER 27, 2004 BY A VOTE OF to Wanda Sang, Council President The preceding Minutes were prepared according to ~47 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 Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions