HomeMy WebLinkAboutCity Council Meeting Packet 01-25-16CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
January 25. 2016
7:00p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat
Ridge. Call Heather Geyer, Administrative Services Director, at 303-235-2826 at least one week in advance of a
meeting if you are interested in participating and need inclusion assistance.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES January 11,2016 and Study Notes of January 4, 2016
PROCLAMATIONS AND CEREMONIES
Rotary Contribution Presentation
CITIZENS' RIGHT TO SPEAK
a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3
minutes and sign the Public Comment Roster.
b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA
ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be
heard.
APPROVAL OF AGENDA
1.:. CONSENT AGENDA
a) Resolution No. 04-2016-designating the City Hall Lobby as the Official Public
Notice Posting location and the Wheat Ridge Transcript as the Official newspaper of
General Circulation for the City Publications in 2016
b) Resolution No. 05-2016-amending the Fiscal Year 2016 General Fund Budget to
reflect the approval of a Supplemental Budget Appropriation in the amount of $5,000
for the purpose of donating to the Curtis J. Gilmore Lifelong Learning Scholarship
Fund
c) Resolution No. 06-2016-amending the Fiscal Year 2016 General Fund Budget to
reflect the approval of a Supplemental Budget Appropriation for the acceptance of
the 2016 Peace Officer Standards and Training Grant in the amount of $7,500
CITY COUNCIL AGENDA: January 25, 2016 Page -2-
CONSENT AGENDA CON'T
d) Resolution No. 07-2016-approving an Agreement between the City of Lakewood
and the City of Wheat Ridge for Forensic Crime Lab/Crime Scene Services and
Authorizing Payment of $69,600
e) Resolution No. 10-2016-amending the Fiscal year 2016 General Fund Budget to
reflect the approval of a Supplemental Budget Appropriation for the purpose of
accepting the 2015 Edward Byrne Justice Assistance Grant in the amount of
$11,454
f) Motion to approve the purchase of six 2016 vehicle replacements and the purchase
and installation of lighting, auxiliary and communications equipment in a total
amount not to exceed $224,199
g) Motion to approve $43,477 payment to Foothills Animal Shelter for a special
assessment to support shelter operations
h) Motion to accept Construction Easements from adjacent property owners for the
2015 Miscellaneous Drainage Project
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Council Bill 01-2016-Amending Sections 16-113 and 16-114 of the Wheat Ridge Code
of Laws concerning Solicitation
3. Council Bill 02-2016 -Repealing and reenacting Section 16-106 of the Wheat Ridge
Code of Laws concerning Loitering
DECISIONS, RESOLUTIONS AND MOTIONS
4. Resolution No. 03-2016-terminating the 1995 Development Agreement, as amended,
between the City of Wheat Ridge and the 38th and Sheridan, L TO. Partnership and
Dillon Companies, Inc.
5. Resolution No. 08-2016-amending the Fiscal Year 2016 Capital Investment Program
Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of
$165,785 for the purpose of providing additional funding for the Tabor Street
Reconstruction Project and awarding the Contract to Duran Excavating, Inc. Greeley,
CO, in the amount of $872,202
6 . Resolution No. 09-2016-approving an Agreement with the Urban Drainage Flood
Control District regarding funding of major drainageway planning and flood hazard area
delineation for Sloan's Lake Drainageway and Tributaries
7. Resolution No. 11-2016-approving an Intergovernmental Agreement establishing a
combined Auto Theft Prevention Task Force named the Colorado Auto Theft Prevention
Authority-Metropolitan Auto Theft Task Force (CMATI)
8. Resolution No. 12-2016-expressing support for the consolidation of the Wheat Ridge
Fire Protection District with the West Metro Fire Protection District and the use of the
consolidated District for Fire-Based Emergency Medical Services
CITY COUNCIL AGENDA: January 25, 2016 Page -3-
DISCUSSION ITEMS
1. Community Exchange Presentation
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURN to Executive Session
For a conference under Charter Section 5.7(b)(1) and Section 24-6-402(4)(b), C.R.S.,
specifically for legal advice from the City Attorney concerning the Complaint for Declaratory
Judgement and Permanent Injunction from Quadrant Wheat Ridge Corners, LLC.
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CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29™ AVENUE, MUNICIPAL BUILDING
January 11, 2016
Mayor Jay called the Regular City Council Meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ROLLCALL OF MEMBERS
Monica Duran Zachary Urban
Tim Fitzgerald George Pond
Kristi Davis
Genevieve Wooden
Janeece Hoppe
Larry Mathews
Also present: City Clerk, Janelle Shaver; City Attorney, Gerald Dahl; City Manager,
Patrick Goff; Community Development Director, Ken Johnstone; Police Chief Dan
Brennan; other staff, guests and interested citizens.
APPROVAL OF MINUTES OF December 14,2015
There being no objection, the Minutes for December 14, 2015 were approved as
published.
PROCLAMATIONS AND CEREMONIES
Chief Brennan presented Officer Russ Henzie with the award for Looking Beyond the
License Plate (honorable mention), an award given each year by the International
Association of Chiefs of Police Highway Safety Committee and the 3M Company. By
following up on two suspicious license plates at one of the motels, Officer Henzie
uncovered a check-making and identity theft operation. Both vehicles were stolen.
This led to a metro-wide investigation revealing 80 identified victims and over $160,000 in
thefts. The case was taken to the grand jury and both subjects were indicted. Chief
Brennan wanted the community to know about this exceptional work as Officer Henzie is
the first Wheat Ridge officer to receive an international award. The Chief also noted that
these awards are not routi nely given; there were only 6 given last year nationwide. His
work speaks well for our police department and makes us all proud.
CITIZENS' RIGHT TO SPEAK
Dominick Breton (WR) invited everyone to the WR Grange next Thursday night from 6-8
for the Chili Cook-off. Everyone who participates gets to vote for the best chili. Tickets
City Council Minutes January 11 , 2016 Page 2
are $2 adults, $1 under-12, and $10 to enter your chili. All proceeds go to the WR
Backpack Program.
Paul Fiorino (Denver) spoke about arts preservation for Wheat Ridge and related his
extensive experience with arts' districts and saving facilities around the state and in the
metro area for use by the arts. He wants to bring the arts to Wheat Ridge and would like
the City to look at Fruitdale School to be saved as an asset for the arts. He believes it's a
great opportunity.
APPROVALOFAGENDA
Mayor Jay announced that public comment for the discussion items would take place
later in the meeting, after the regular business and prior to the discussion items.
ORDINANCES ON FIRST READING
.L Council Bill 01-2016-An Ordinance Amending Sections 16-113 and 16-114 ofthe
Wheat Ridge Code of Laws concerning Solicitation
Councilmember Davis introduced Council Bill 01-2016.
A federal District Court recently struck down several provisions in the City of Grand
Junction's panhandling ordinance that prohibit panhandling based solely on time, location
or frequency when there was no demonstrated safety risk. This ordinance amends the
Wheat Ridge Code to eliminate similar local regulations that are likely now
unconstitutional.
Motion by Councilmember Davis to approve Council Bill 01-2016-Amending
Sections 16-113 and 16-114 of the Wheat Ridge Code of Laws concerning
Solicitation on first reading, order it published, public hearing set for Monday,
January 25, 2016 at 7:00 pm in City Council Chambers, and that it take effect 15
days after final publication; seconded by Councilmember Duran; carried 8-0 .
2. Council Bill 02-2016-Repealing and Reenacting Section 16-106 of the Wheat
Ridge Code of Laws concerning Loitering
Councilmember Fitzgerald introduced Council Bill 02-2016.
This ordinance amends the language in Code Section 16-1 06 to mirror current state law
regarding loitering.
Motion by Councilmember Fitzgerald to approve Council Bill 02-2016-
Repealing and Reenacting Section 16-106 of the Wheat Ridge Code of Laws
concerning Loitering on first reading, order it published, public hearing set for
Monday, January 25, 2016 at 7:00pm in City Council Chambers, and that it take
City Council Minutes January 11 , 2016 Page 3
effect 15 days after final publication; seconded by Councilmember Davis; carried
8-0.
DECISIONS, RESOLUTIONS AND MOTIONS
3. Resolution No. 01-2016-amending the Fiscal Year 2015 General Fund Budget to
reflect the approval of a Supplemental Budget Appropriation in the amount of
$14,966 for City Attorney Fees
Councilmember Duran introduced Resolution No. 01-2016.
Budgeted funds for the City Attorney's fees in 2015 have been expended. Due to
extended services for code enforcement issues, changes to the smoking ordinance and
the November ballot preparation it is necessary to amend the 2015 budget to cover those
additional services.
Motion by Councilmember Duran to approve Resolution No. 01 -2016 a resolution
amending the Fiscal Year 2015 General Fund Budget to reflect the approval of a
Supplemental Budget Appropriation in the amount of $14,966 for City Attorney Fees;
seconded by Councilmember Wooden; carried 8-0.
4. Resolution No. 02-2016-amending the Fiscal Year 2016 General Fund Budget to
reflect the approval of a Supplemental Budget appropriation in the amount of
$29,854 for the replacement of a Parks Department Vehicle
Councilmember Hoppe introduced Resolution No. 02-2016.
A City vehicle (2008 Chevrolet Colorado 4x4 pickup) was involved in an accident last
August and is beyond repair. Funding to replace the vehicle requires an additional
appropriation from the General Fund reserves. State bid price for this vehicle with
options is $27,354. Outfitting the vehicle with needed additional equipment for use is
estimated at $2,500.
Councilmember Mathews inquired about Insurance. Mr. Goff stated that after the City
buys the truck we would be reimbursed $10,000 from CIRSA insurance.
Motion by Councilmember Hoppe to approve Resolution No. 02-2016, a resolution
amending the Fiscal Year 2016 General Fund Budget to reflect the approval of a
Supplemental Budget appropriation in the amount of $29,854 for the replacement of a
Parks Department Vehicle; seconded by Councilmember Duran; carried 8-0.
DISCUSSION ITEMS
City Council Minutes January 11 , 2016 Page4
Public Comment
STEM/STEAM teams
Jerry DiTullio from WRHS introduced the student speakers and gave some history on
the Foundation. They are asking for $5 ,000 for the STEM/STEAM team gala fund raiser
and $5K for the Curtis Gilmore Scholarship.
Andrew Miller (WR), senior, lead designer and head of sponsorship, reported the STEM
team will be building two cars this year-another prototype car and a street legal car.
They will raise $40K to build the cars, but this $5,000 request is to help fund the Gala,
which will raise money for the students' trip to Detroit.
Amy Leasure, junior, explained the STEAM team includes the arts. They are planning a
sculpture of a tree held up by a hand, to be permanently placed at the Lutheran hospital
campus outside the oncology center. They are working with an engineer and need
money for materials.
Curtis Gilmore Scholarship
Jaimee Salbato (WR), a candidate for scholarship, has dyslexia and ADHD. She
described her hard work, how much her IEP helps her excel, and the many school and
community events she has participated in. She plans to go to a 4-year college and the
scholarship will help pay for that education.
Myles Dolan (LW), also a scholarship candidate, has dyslexia and has always struggled
with school. This year he's able to take some regular classes. He spoke of the need to
help keep the cost of higher education affordable. 48% of WRHS students come from
low income families and studies show that a scholarship increases graduation rates. He
noted the importance for students and their families to see th at the community cares
about them. He asked the Council to help inspire students.
Tom Ripp (office in WR), president of the WR Foundation, explained they are coming to
the City because the School Board doesn't have the money and there aren't scholarships
to help students go on to learn a trade. They're asking for seed money for the Gala to
help raise more money. He invited councilmembers to get to know WRHS. It's a gem,
and the STEM and STEAM programs are phenomenal programs of which we can be
extremely proud.
Vicki Ottoson (WR) from the Foundation spoke of how deserving the kids are.
From Council questions:
• The Gilmore scholarship goal is for 2-year college programs, public or private.
• They were encouraged to contact the Zarlengo and Community First Foundations.
Mr. Ripp said they've already engaged with them.
• Every business that supported them last year has renewed. MedVed is new this
year. They're also looking for guidance and expertise from businesses.
The deadline for scholarship applications is Feb 19. They will have until May to raise as
many $1 , 000 scholarships as possible.
City Council Minutes January 11 , 2016 Page 5
Fruitdale School
Janice Thompson (WR), member of the Housing Authority, spoke in support of
Hartman/Ely and their proposal for 16 housing units. She believes it fills a need, will help
jump start the area, and that the investment is worth it. She noted that Hartman/Ely has
invested a lot of time and money in this project and their reputation is on the line.
Paul Fiorino (Denver), representative of the CO Arts Consortium (est. 1978), related that
they answered the RFP in 2014 with a proposal to make Fruitdale a cultural center. Their
proposal and one other were submitted on time. After several months, when the charter
high school pulled out, the art center proposal was not considered. The Consortium feels
they've not been given due diligence to look into the possibilities for this educational
center which would stay in line with the clause in the 1890 property agreement that this
property be used for educational purposes. While affordable housing is badly needed, it
is not education. The seed money the Consortium would ask for is less than half of what
the housing developers are asking for. The Consortium feels they have been jumped
over; they still have an RFP sitting on the desk.
Mayor Jay informed Mr. Fiorino that the topic for discussion tonight was the Hartman/Ely
proposal. Mr. Goff confirmed that through the RFP process the Housing Authority chose
the Hartman/Ely plan, and that is what's under consideration tonight. If that isn't approved
the Housing Authority may look at other proposals. Mr. Fiorino repeated that the
Consortium has never been given the chance to make their proposal. The residential
proposal under consideration tonight was not submitted on time and the process hasn't
been transparent. His remarks were terminated.
Britta Fisher (WR) said it's great to see the City show interest in affordable work force
housing.
1) 2015 TLC Neighborhood Update and 2016 Recommendations
Division Chief Jim Lorentz gave an update on the TLC program. He provided maps and
data regarding the number of properties that were addressed and the high success rate
for compliance.
Staff believes the 2015 TLC projects were very positive and have been very successful
for providing proactive code enforcement. It is recommended to continue the program
through 2016.
Proactive enforcement is limited to the designated areas, but staff continues to respond
to calls for service. No additional financial impact is expected, but there may be some
costs to provide part-time benefits for part-time Community Service team members in the
future, based on federal requirements.
Suggested neighborhoods for 2016 are:
• Fruitdale East (Miller to Parfet; 44th to 1-70) (259 parcels)
• Fruitdale West (Paret to Tabor; 441h to 1-70) (217 parcels)
• Applewood Villages (Miller to Parfet; 38th to 41 51} (234 parcels)
City Council Minutes January 11 , 2016 Page6
Commercial Corridors options (maybe limit to two, due to limited resources):
• W. 44th Avenue Corridor: Wadsworth to Xenon (152 parcels)
• Kipling Corridor: W . 32"d to 51st Place (72 parcels)
• Wadsworth Corridor: W. 32"d to 47th (82 parcels)
Questions and discussion followed .
• The Community Service team selects the areas.
• East Wheat Ridge has been the focus for the last 4-5 years due to crime rates.
Problem areas have been narrowed. The idea is to move to some other
neighborhoods.
• Building issues such as requirement to build a dumpster require giving the owner a
year to comply. Simple code enforcement is accomplished faster.
• WR Business District has grants for signage and facades.
• Partnering with Local Works will continue.
• Non-profits and churches have helped clean up properties owned by seniors who
are unable to do the work themselves.
• Clearvale and Clear Creek Station neighborhoods are more self-sustaining now.
• The community is responding.
• There are rental properties and absentee landlord problem in Dist 4. Do our
regulations have enough teeth? In the past, when staff brought forth stricter
obligations for rental multi-family, previous Councils have chosen not to pursue
that.
• Dumpster Days are appreciated. Scheduling has already started for this year.
• There is no timeline for completing the entire City.
As a result of the discussion staff will proceed with the neighborhoods and commercial
corridors as presented.
2) Fruitdale School Update
Staff presentation
Ken Johnstone introduced the participants for the HEI proposal:
Jim Hartman, HEI
Grant Bennett, Proximity Green
Chris Maley, Pinnacle Real Estate Management
Mr. Johnstone first addressed concerns expressed earlier by Mr. Fiorina. The Housing
Authority (WRHA) advertised for Request For Interest (RFI) in March, 2014. Two
proposals were received-the Mountain Phoenix School and the CO Arts Consortium.
Hartman/Ely (HE I) did submit information during the required timeframe, but failed to
attend a mandatory pre-application meeting at the site; as a result they were disqualified .
The WRHA considered the two valid proposals and chose Mountain Phoenix School.
After several months of negotiations Mountain Phoenix withdrew. By then HEI had a
strong proposal so the WRHA gave them four months (plus two extensions) to firm up
City Council Minutes January 11 , 2016 Page7
their proposal. The WRHA has been in exclusive negotiations with HEI since February
2015. It has been a long process and some decisions need to be made fairly quickly or
part ways with HEI.
Mr. Johnstone noted the 1920's school building was designed by Temple Buell. It is a
unique historic asset, was decommissioned as a school in 2007 and has been owned by
the WRHA since 2011 . The proposal shown to Council on October 5, 2015 has changed.
• After the October 51h presentation the artisanal meat processing facility for the
west part of the building was determined to be too financially risky and was
eliminated.
• The new proposal is 1 00% residential -now converting the gym into apartments.
• It will be sixteen (16) 2 and 3-bedroom units (5 affordable, 11 market rate).
• Any redevelopment will require very creative financial structure-including grants
and historic preservation tax credits. HEI sees this as a significant part of the deal.
• Jefferson County has identified $640,000 in HOME funds they want to contribute
to this project-which results in the 5 affordable units.
• A significant contribution from the City will still be necessary. This is a $5.35M
project.
o $640,000 in grants from the City: $470K from the City plus $170K from the
WRHA. Note: The WRHA has already invested $300K.
o Short term loan from the City for $1.9M (projected to be paid back in year 2 or
3 from HOME funds ($200K) and selling the tax credits ($1 .7M)
o Loan from the WRHA for $400K; terms yet to be set.
o A $1 .6M conventional bank loan will be secured by the property. The loan from
the City will not be secured.
Council will need to decide how much risk is appropriate for the City.
o Staff already has a letter from the County committing the HOME funds.
o Staff has met with three groups that market historic preservation tax credits.
o Yet needed is to firm up the commitment from investors (agreeing to purchase tax
credits). The challenge is these credits aren't really available until after the work is
done and complies with historic preservation guidelines.
From Council questions:
• The City doesn't own it. The WRHA's mission is to promote affordable housing.
• Historic Preservation tax credits require that the City keep some minority
ownership to defer having to pay property taxes to all taxing districts. HEI
assumes there would be no property tax; if that changes, the numbers would
change.
• Jefferson County disburses the (federal) HOME funds.
• 5 units would be "affordable".
• The $1 .9M bridge loan would come from reserve funds. Mr. Goff reported that
rather than a 3.1% increase in the year end reserves, there may be a 6. 7%
increase. Won't know for a couple months. To do the $1 .9M loan and the
$470,000 grant would require dipping reserves to 13-14%. (Council's minimum
reserve requirement is 17%.) It requires a supermajority of Council to go below
minimum reserve.
City Council Minutes January 11 , 2016 Page 8
• Eventual property tax assessment would be desirable. HOME funds may have
some bearing on that.
Developer presentation--Jim Hartman of Hartman/Ely Investments (HE I)
Mr. Hartman introduced his team: his partner, Susan Ely; Chris Maley, Pinnacle Real
Estate Management; Grant Bennett, Proximity Green, formerly of Denver Urban Renewal
and expert in analyzing the financials of public/private partnerships.
Mr. Hartman gave background on their company and projects they've done converting
non-residential buildings into residential units. He highlighted the things that are different
since last October's presentation:
• The meat processing school was too risky and was eliminated about December 1.
• They've done lots of financial analysis.
o The City hired a company, EPS, that has provided lots of good ideas.
o Pinnacle has had input.
o The HOME people at Jefferson County have provided good data.
• The house in front will be renovated into a 3-bedroom unit.
• The ABO group to do the design work; estimate is now a hard proposal.
• Growling Bear Co. has provided a detailed construction cost estimate.
• Jeffco HOME funds now increased from $200 to $420K
• Innovative energy solutions will be incorporated. Xcel had awarded a renewable
energy contract on top of solar tax credits. Utility bills for the tenants will be a
fraction of normal.
• Tax equity partners and local banks have shown interest.
• Environmental Phase1 has been received (i.e. no impacts)
• Land swap with the school district and school deed restriction removal underway
Grant Bennett talked about public/private partnerships and intangible benefits
• Historic renovation done under historical guidelines.
• Market rate for affordable development isn't happening on this corridor without
subsidy.
• Without all the resources (potentially five outside sources, coupled with grant and
loan subsidy from the City) the project can't happen.
Between now and March they will firm up tax credits and the City would approve the
$470,000 subsidy and economic development bridge loan of $1 .9M.
Mr. Hartman went through some details on design elements.
• He indicated the trees that will make the Fruitdale orchard.
• Exposed masonry and plaster on some interior walls
• Creative layouts such as garden level apartments from the old boiler room and
multi-level units in areas that have tall ceilings.
• At least one electric vehicle charging station
Next steps:
1. WRHA re-confirms its $170,000 subsidy and development loan of $400,000
City Council Minutes January 11, 2016 Page 9
2. Submit tax credit application in early February
Getting approval from state agencies may require some revisions, which could
include reconfiguration or reduction of the number of units. They're hopeful it will
remain at 16.
3. Select tax credit partners and redevelopment lender
4. Execute City/WRHAIHEI development agreement
5. Finalize historic tax credit preliminary approval with state/fed agencies; refine the
bridge loan amounts and execute tax equity partnership agreements in spring 2016
6. Detailed design begins spring 2016; construction to start in mid to late September
7. Confirm the final bridge loan amounts in late summer 2016, prior to HEI's property
purchase and any expenditure of City/WRHA funds
8. Complete project mid 2017
9. Pay back City and WRHA (majority in 2017/2018 from Jeffco HOME funds and tax
credits proceeds). Balance repaid over time from future rent shari ng and property
refinance.
Chris Maley (Denver) of Pinnacle spoke. HEI engaged them to help see what the rental
market is. He assured Council this will be a jewel. He manages 1 00+ smaller apartment
communities. Due to the smaller size this property would have no onsite manager's
office. They have asset management teams which cover all elements of maintenance
(cleaning, plumbing, electric, landscaping, snow removal, etc.). Each complex is walked
three times a month by a manager.
Discussion followed.
Councilmember Pond inquired about commitment dates and noted this is not zero-risk.
• HEI wants the supermajority vote on February 8th before they start spending
money.
• Mr. Goff pointed out that each funding source has its own risk level, and none of
this is risk free, but the City and HEI are working to have the least risk as possible.
Councilmember Fitzgerald raised concerns about financial aspects.
• The City and WRHA giving a gift of $640K-or $40K per unit.
• Loans totaling $2.325M, and may have some risk.
• A historic building will be saved, but public will have no access to it.
• Consumes the entire budget of WRHA. Reimbursement to the WRHA would not
begin until year 7 and conclude in year 15.
• In weighing the risk vs public benefit it makes no economic sense and public tax
dollars are at risk. For public benefrt he sees this almost as a private work of art.
• He disclosed he was the single no vote on the WRHA.
Councilmember Mathews had several questions and concerns. (Mr. Hartman
responded.)
• Why not go to private market for construction loan? (If a bank won't loan you
money, wh y should the City?) A: Pinnacle did a comp analysis. Data says the
market is $80-130K per unit for similar brick building. Their metric is their equity,
plus the construction loan, at $122K per unit.
City Council Minutes January 11 , 2016 Page 10
• 2005 study says we have too many rentals. Why not condos? A: Condos aren't
working due to construction defect lawsuits.
• Who owns it for the next 40 years? A: HEI. What about long term?
• What is the return on investment (ROI) for taxpayers? What is the ROI for HE I?
A: Financial ROI for City not so good, but emotional ROI/community benefit, they
feel, is high. HEI is willing to have the interior of the building accessible to the
public (daily or periodic), and willing to have part of the site for community events.
They want the 151 floor hall to be a public hall (whether all the time or periodic).
A: Their ROI? Their downside risk is higher than they'd normally take because of
Temple Buell, the City, the HA and the staff. Projected ROI is 15-20%, which
banks will require.
• Why should City risk taxpayer money for you?
Councilmember Wooden had comments and questions.
• Believes we need a cultural center; not sure this is the place for it.
• Hartman/Ely has invested about $150K so far --in hard checks, plus their own
design time.
• What happens if this doesn't go through? Mr. Johnstone said the WRHA could
entertain the other proposal. They did discuss demolition and marketing the land.
• This is in an area that is questionable. This isn't Lowry.
• Concerned about it being rentals, but we are a rental demographic and rentals are
here to stay.
Councilmember Hoppe
• The WRHA generally loses money on its projects when it's fulfilling its mission.
• We don't have nice apartments.
• It could be the catalyst.
• Most City money would be paid back.
• Mr. Goff stated that the idea of interest is still under discussion.
Councilmember Urban
• Believes if this doesn't happen the building will likely be torn down.
• This is a plan that will leverage other resources that otherwise wouldn't come into
the City.
• This is the most viable plan we've seen since 2011 and will be a significant
catalyst for the area.
Councilmember Davis
• Thinks it's a catalyst for redevelopment.
• We should invest in other parts of town. This neighborhood feels neglected.
• Knows there is some risk, but supports moving forward.
Councilmember Wooden asked for consensus to move forward with the next steps.
Councilmember Davis asked to include getting information of how public space will be
used and what the structure of the property tax will be, so that eventually there is some
return for the City.
City Council Minutes January 11 , 2016 Page 11
Mr. Dahl advised that a resolution of intent can be prepared wh ich would articulate
Council's support for conditions to be negotiated in a development agreement, and that
the public access and property taxes would be reflected in that agreement.
Councilmember Wooden proposed a consensus for a resolution to be brought forward for
HEI to outline the next steps as presented, in addition to an access of public space and
addressing the issue of taxes in perpetuity, and that this City Council would have an
interest in partial financing of the project.
There was adequate support for consensus.
3) Wheat Ridge Foundation Donation Request
The Wheat Ridge Community Foundation is requesting a donation from the City in the
amount of $10,000 for the STEM/STEAM Gala and the Curtis J. Gilmore Lifelong
Learning Scholarship.
Councilmember Urban asked for consensus to donate $10K, plus offer an additional
$10K to use towards matching funds. Discussion followed.
• They know our budget process and should have come during the budget process.
• Not comfortable giving more than what is asked for.
• STEM/STEAM is popular and will get money; it's harder to raise money for the
Gilmore fund.
• We have other schools and civic requests that are also very deserving.
• STEM is a fairly new program; we should be flexible and help them so they can
line up future funding.
• Suggestion to have councilmembers donate $250 each from their discretionary
fund and the Mayor to donate $500 -with consideration of the scholarship request
as a separate discussion.
• Table sponsorships are available.
• Separating the two requests is a good idea.
• The Gilmore scholarship started in 2014.
Mayor Jay left the meeting at 10:31. Mayor Pro Tem Pond assumed the chair.
Councilmember Urban received unanimous consent to donate $5,000 to the Gilmore
scholarship fund.
• There was some discussion about the City also sponsoring a table for the Gala.
Councilmember Wooden received consensus for each councilmember to earmark $250
from their outreach funds and the mayor $500 for the STEM/STEAM Gala, for a total of
$2,500.
Councilmember Wooden said she would email Council the table fees for the Gala.
City Council Minutes January 11 , 2016 Page 12
CITY MANAGER'S MA TIERS
Mr.Goff reminded everyone to come to the Cre8 Your 38 meeting this Thursday at the
Rec Center. A shuttle bus will leave from the Active Adult Center starting at 5:00. -He
also announced that if attendance is greater than the fire code permits they will schedule
a second meeting.
CITY ATTORNEY'S MATTERS none
ELECTED OFFICIALS' MATTERS none
ADJOURNMENT
The meeting was adjourned at 10:37 pm.
Janelle Shaver, City Clerk
APPROVED BY CITY COUNCIL ON January 25, 2016
George Pond, Mayor pro tern
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. Recordings and DVD's of the meetings are available for listening or viewing in
the City Clerk's Office, as well as copies of Ordinances and Resolutions.
STUDY SESSION NOTES
CITY OF WHEAT RIDGE, COLORADO
City Council Chambers 7500 W. 29th Avenue
January 4, 2016
Mayor Joyce Jay called the Study Session to order at 6:31 p.m.
Council members present: Janeece Hoppe, Monica Duran, Kristi Davis, Tim Fitzgerald,
George Pond, Genevieve Wooden, and Larry Mathews
Absent: Zachary Urban
Also present: City Clerk, Janelle Shaver; City Manager, Patrick Goff; Police Chief, Dan
Brennan; Public Works Director, Scott Brink; other staff, guests and interested citizens.
PUBLIC COMMENT ON AGENDA ITEMS none
APPROVALOFAGENDA
1. Staff Reports(s) none
2. 38th Avenue Update Mark Westberg
Mr. Westberg introduced Bob Curry from Britina Design and Kristin Cypher, sub-
consultant from C+D Design.
Kristin Cypher from C+B Design outlined the upcoming community engagement plan.
• The purpose of the process is to have the community collaborate on the design for
38th Avenue. The process is called Cre8 Your 38.
• Elements that will be considered at the meetings are sidewalks, street furniture,
lighting, parking, signage, and travel modes.
• She's already had one-on-ones with some stakeholders to find out how best to
reach the community. These meetings revealed a lack of trust and disappointment
on the part of citizens.
• The values expressed by the stakeholders are safety, economic success,
affordability, authenticity, gathering places, community building and storytelling.
• She's detected that people are angry and afraid, so the process has been
designed to eliminate people's fears about lack of transparency, not listening to
what people want, lack of trust in the City, and secret agendas. A lot of information
has been put out; everyone has been sent a mailer about the process.
• She stated that concerns about the previous vote [on 2B] being disregarded are
fear-based. There were "no" and "yes" votes. We aren't a binary system; it was a
pretty close vote. To say the "no" votes were for only one reason isn't fair.
People voted "no" for many reasons: road diet, cost, design wasn 't "Wheat Ridge",
STUDY SESSION NOTES: January 4, 2016
Page -2-
and not enough information. She also believes the "no" voters were not against
everything about improving 38th avenue.
• Public input stations like banners have been put up on the street. She asked
Council to urge people to come to the meetings; this is their chance for input.
• There will be three public meetings held on Thursday evenings at the Rec Center.
1) January 14 -to identify and prioritize the streetscape elements
2) February 11 -gather input on polished versions of the top 3 designs
3) March 10-review and gather input on preferred alternatives
• At the January 14 meeting (the most important meeting!):
o Information and copies of previous studies (speed, travel times, safety, etc.)
will be available.
o An interactive presentation to show people what a safe sidewalk or safe
travel lanes look like.
o People can sit where they want.
o Each table of attendees will design a plan.
o There will be interactive voting.
• Each meeting will be different; interested parties should attend all three.
• There is a F acebook page dedicated to this process.
Questions, comments and discussion followed .
• Information on traffic counts will be available, but the purpose of a road is not
solely to move traffic. The relationship between economic success and such
things as number of lanes, traffic volume, and width of sidewalk will be presented.
• Both options will be available for design -with or without the road diet.
• Options that are not sate will not be permitted.
• There is a banner at the Active Adult Center.
• Transparency is important, but data should be presented to bust the myths about
traffic accidents and law suits.
• A debate about "Main Street" is not part of this project. The goal is to reach
consensus on how this Main Street should look, feel, and function.
• The scope is from Harlan to Wadsworth (Phase 1 ). Phase 2 will move down the
street. It is appropriate to look at the entire corridor. There may not be a uniform
application all the way, but that will be covered in the March meeting.
• Bus service will be provided from the Active Adult Center. Details are pending.
• The three meetings and exit interviews will be filmed.
• Everyone can present ideas, but reality is that not every idea will make the cut.
• The high school should be contacted to see if any youth want to participate.
• The process and films will be passed on to the City website.
• Kristin's contact information and details about the process are on the City website.
3. Police Staffing Study -Chief Brennan
Chief Brennan gave opening remarks about the staffing analysis that was done last year
by the International Association of Chiefs of Police (IACP).
STUDY SESSION NOTES: January 4 , 2016
Page -3-
• The Patrol and Investigations departments were examined.
• Some service delivery decisions have already been made based on this report.
• In 2016 staff will contract with IACP to consult further regarding scheduling
recommendations made in the report for Patrol and Investigations.
• Working groups will be formed to explore scheduling options, alternative means of
service delivery and other policy recommendations the report provides.
Staff would like direction and approval to begin a multi-year planned approach to
authorize the seven positions recommended by the study.
Mitchell Weinzetl (IACP) went through the methodology and recommendations of the
analysis.
Throughout the presentation Dr. Weinzetl addressed the importance of community
policing and the amount of time personnel must spend with technology -which reduces
the amount of time available for patrol or working a case.
Recommendations for Patrol:
• Hire four more patrol staff
• Redirect primary activities of the CATI team (crime and traffic)
• Assign a watch command to all shifts (requires one more position)
• Explore other work schedules to enhance officer availability
• Increase the use of non-sworn personnel to supplement patrol
• Increase the types of incidents handled by the telephone reporting unit
• Consider revising WRPD policy regarding response to property damage collisions
• Institute an ongoing recruitment process to aid continuity of staffing numbers
Recommendations for Investigations:
• Add a Domestic Violence team
• Maintain current staffing levels for the persons team and the property team
• Reduce administrative responsibilities in the case management system
• Create a supervisory position for personnel assigned to WMDTF (drug task force),
MATI (auto theft task force), and Vice
• Revise the current work schedule for detectives to coincide with demand and need
Projected outcomes (goals) are:
o Patrol Division -community based policing and positive service delivery
o Investigations Bureau -improved accountability and capacity
o Schedule (for more efficient service delivery)
o Emphasize problem solving practices
Discussion and questions followed.
• 12-hour shifts are not desirable for several reasons (fatigue factor, absenteeism)
• Crime rates can be up or down from year to year, but components continue to be
added (Ex: legislative mandates for training of various kinds, mandatory reporting
for many more types of offenses, more technological components that take time,
longer hiring times). All these elements reduce the amount of time officers have to
provide direct service to the community.
STUDY SESSION NOTES: January 4, 2016
Page -4-
• The Chief isn't requesting all the recommendations be approved at this time-just
to be able to discuss and study them over the next three years as part of a
strategic plan. Law enforcement is expensive; 92% of the police budget is
"people", but not all the recommendations are about hiring more people.
• Mr. Goff suggested that if Council wants to continue with community policing, they
really need to look at these recommendations.
• Maintaining community policing will depend on revenue and taxes.
There was consensus to have the police department proceed with exploring ways to
implement the recommendations of the analysis and come back with more details on
timing and costs.
Kristi Davis left the meeting.
4. West Metro and Wheat Ridge Fire Merger/EMS Services -Chief Brennan
The Wheat Ridge and West Metro Fire Protection District boards have jointly discussed
consolidation of the two districts in 2016. No final decision has been reached. One of
the issues is that the consolidated district must provide emergency medical services
(EMS) within the boundaries of the district. West Metro provides their own EMS; Wheat
Ridge contracts with Rural/Metro for ambulance service. As a result, policy direction from
the City is needed.
Present for the discussion were Chief Bob Olme. WRFPD; Chief Don Lombardi, West
Metro Fire Rescue; Chief Alan Fletcher, Fairmount Fire; the Arvada Deputy Fire Chief;
Jerry Cassel, president of the WRFPD board; and representatives from Rural/Metro and
Apex paramedic services.
Chief Bob Olme gave some history of ambulance and fire services in Wheat Ridge and
provided positive reasons for the consolidation.
• Without consolidation it would take $2M to bring fire based EMS to Wheat Ridge.
• Consolidation would provide paramedic engines and station based ambulances
imbedded in the community for 911 calls.
• Efficiencies would be created -immediate better service without huge training
costs.
• A joint station would save $1 .6 to $2M and create better long term financial
stability.
• The recommendation for merger calls for the ability to transport for 911 services.
STUDY SESSION NOTES: January 4, 2016
Page -5-
Chief Don Lombardi talked about West Metro Fire Rescue -a merger of the Lakewood
and Bancroft districts that happened about 25 years ago.
• They provide fire based EMS, which they believe brings better value for the money
and a better level of care.
• Over 2/3 of their uniformed personnel are cross trained for fire and medical
services. They provide a depth and continuity of service.
• All their rigs have at least one paramedic on them, often two.
• They don't have to have ambulances at every station; they come as needed.
• If the consolidation is to occur, Wheat Ridge will need to add 2 ambulances to
cover Wheat Ridge.
• Advanced life support transports are not covered by property taxes. A charge is
made for EMS services and that's how the cost is made up.
• West Metro is very community oriented.
Deputy Chief Mike Piper from Arvada stated they provide EMS and advanced life support
services for Wheat Ridge north of Clear Creek. Dave Mitchell, EMS Chief from Arvada,
reported they recently added another ambulance to their system. They have determined
that for apparatus and personnel the area is immediately coverable by Arvada.
Chief Alan Fletcher said Fairmount currently contracts with Pridemark and does not
anticipate any changes. They have an ambulance assigned at the fire station at 4 7'h and
Isabel.
Dan Paddock from Rural/Metro reported they are currently in the process of merging with
A MR.
Discussion points:
• West Metro's mill levy is a little lower than that of Wheat Ridge. Consolidation
would mean the mill levy in Wheat Ridge would go down a little; no additional
funding is necessary for the merger.
• Ambulance service doesn't cost anything to the City budget.
• The current contract runs through Dec 31 , 2016 and includes a 120-day
cancellation provision.
• Exact timing is uncertain; approval by both boards and assurance of the EMS
services are necessary for the merger.
• An IGA could be ready in early April.
• Public outreach (town hall meetings) still is yet to happen.
• Lutheran Hospital will not lose business because of this merger. West Metro's
destination policy obliges them to not bypass hospitals. That was a concern
because West Metro's Physician Advisor is based at St. Anthony's Hospital. If
anything, Lutheran might actually receive more transfers.
There was consensus to have the City Attorney put together appropriate contract
language and ordinances indicating the City's commitment to the merger.
STUDY SESSION NOTES: January 4, 2016
Page -6·
5. Elected Officials' Report(s)
Tim Fitzgerald reported the next meeting for the WR Business District is this Thursday.
Joyce Jay reported there would be a Metro Mayors Conference this Saturday. -'Coffee
with the Mayor' is also this Saturday from 9 -1 Oam at Vinnola's. -She noted that the
DR COG website has lots of information. -She will be the representative for JEDC.
Janelle Shaver Adding to the Chiefs earlier comment that fire/EMS service was a topic
of national interest, she shared that she recently completed a very large public
information request from the New York Times for data related to our current ambulance
service.
Larry Mathews noted that the 38th Avenue meeting in February conflicts with the Smart
Growth conference some councilmembers had planned to attend. He announced that he
will stay home to attend the 38th Avenue meeting as he feels it is more important.
ADJOURNMENT
The Study Session adjourned at 9:03p.m.
elle Shaver, C1ty Clerk
APPROVED BY CITY COUNCIL ON January 25,2016
George Pond, Mayor Pro Tern
.... ~ .. -_ ~ City of
JP'Whe at R!_dge
ITEM NO:~.
DATE: January 25, 2016
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 04-2016 A RESOLUTION
DESIGNATING THE CITY HALL LOBBY AS THE
OFFICIAL PUBLIC NOTICE POSTING LOCATION AND
THE WHEAT RIDGE TRANSCRIPT AS THE OFFICIAL
NEWSPAPER OF GENERAL CIRCULATION FOR THE
CITY PUBLICATIONS IN 2016
0 PUBLIC HEARING
0 BIDS/MOTIONS
IZ! RESOLUTIONS
QUASI-JUDICIAL:
0 ORDINANCES FOR J5TREADfNG
0 ORDINANCES FOR 2N° READING
0 YES IZI NO
·14Aui&~
<&'Clerk c~
iSSUE:
State statute requires that each municipality annuall y establish a location for posting public
notices, as well as the newspaper in which the notices will be publi shed.
PRIOR ACTION:
In previous years, the Wheat Ridge Transcript has been utilized as the City's official newspaper
for publications; official posting location has been the City Hall Lobby.
FINANCIAL IMPACT:
None
BACKGROUND:
None
RECOMMENDATIONS:
It is recommended the City continue to use the same newspaper and posting location as in
previous years.
Council Action Form -Public Notice and Publication Location
January 25, 2016
Page 2
RECOMMENDED MOTION:
"1 move to approve Resolution No. 04-2016, a resolution designating the City Hall Lobby as the
official public notice location and the Wheat Ridge Transcript as the official newspaper of
general circulation for City publications in 20 16."
Or.
"I move to postpone indefinitely Reso lution No. 04-2016, a resolution designating the City Hall
Lobby as the official public notice location and the Wheat Ridge Transcri pt as the official
newspaper of general circulation for City publications for the following reason(s)
II
REPORT PREPARED/REVIEWED BY;
Kelly K, Stevens, Deputy City Clerk
Patrick Goff, City Manager
ATTACHMENTS:
I. Resolution No. 04-2016
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 04
Series of 2016
TITLE: A RESOLUTION DESIGNATING THE CITY HALL LOBBY AS THE
OFFICIAL PUBLIC NOTICE POSTING LOCATION AND THE WHEAT
RIDGE TRANSCRIPT AS THE OFFICIAL NEWSPAPER OF
GENERAL CIRCULATION FOR THE CITY PUBLICATIONS IN 2016
WHEREAS, the Colorado Revised Statutes require municipalities to
designate official public notice and publication locations for legal notices; and
WHEREAS, such locations must be approved by the governing body of
the municipality annually; and
WHEREAS, the City is required by Charter, Ordinance and State Law to
publish certain notices.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City
Council, that:
Section 1. Public notice of public meetings of the City Council, Planning
Commission, Board of Adjustment, and all other Board, Commission, Committee,
and advisory board meetings for which public notice is required, shall be posted
on the first floor at the Municipal Building, 7500 West 291h Avenue, Wheat Ridge,
Colorado, which location shall be deemed the official posting location for the City.
Section 2. Except as otherwise permitted by Sections 5.2 and 5.12 of the
Charter, notices and other information required to be published in a newspaper of
general circulation within the City, shall be made in the Wheat Ridge Transcript;
except that, where circumstance makes publication ineffective or otherwise
undesirable, the City may publish official notice on the City's website.
Section 3. This resolution shall be effective upon adoption.
DONE AND RESOLVED this 251h day of January 2016.
Joyce Jay, Mayor
ATIEST:
Janelle Shaver, City Clerk
Attachment 1
~ "# ..... .. City of
JV'Whe at:R!_dge
ITEM NO: _l__k ·
DATE: January 25,2016
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 05-2016 -A RESOLUTION AMENDING
THE FISCAL YEAR 2016 GENERAL FUND BUDGET TO
REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIATION IN THE AMOUNT OF $5,000 FOR THE
PURPOSE OF DONATING TO THE CURTIS J . GILMORE
LIFELONG LEARNING SCHOLARSHIP FUND
0 PUBLIC HEAR ING 0 BIDS/MOTIONS
~ RESOLUTIONS
0 ORDINANCES FOR I ST READING 0 ORDINANCES FOR 2ND READlNG
QUASI-J UDICIAL: 0 YES ~ NO
R.~
ISSUE:
The City received a donation request from the Wheat Rid ge Community Foundation (WRCF) for
$5,000 for the Curtis J. Gilmore Lifelong Learning Scholarship Fund . A consensus was reached
during discussion at the January I I, 2016 Council Meeting to donate $5,000 to this fund which
would come from General Fund undesignated reserves.
PRIOR ACTION:
None
BACKGROUND:
Curtis J. Gilmore Lifelong Learning Scholarshjps (CJG) are awarded annua lly to students
pursuing two-year associate degrees/certificates in non-academic career tracks. Recognizing that
the demand for skilled workers in the workplace is high, the scholarship seeks to give Wheat
Ridge High School seniors who have earned a 2.2 GPA or higher, the opportunity to enter trades
that offer the potential to earn a decent li vi ng wage. The Foundation, after presenting this
scholarship opp ortunity to non-traditional learners in two senior English classes, anticipates
receiving up to 20 applications for the CJG scholarship in 2015. The Foundation has already
raised enough funds to be able to award three scholarships in 20l5. A $5000 contribution rrom
Council Action Fonn -Curtis J. Gilmore Lifelong Learning Scholarship
January 25, 20 16
Page 2
the City wi ll raise that number to eight which, accordi.ng to the Foundation, is well on the way to
their goal of awarding 10-15 scholarships.
FINANCIAL fMPACT:
Consensus was reached during discussion at the January I I, 2016 Council Meeting to donate
$5,000 to the Curtis J. Gilmore Lifelong Learning Scholarship Fund and the total would come
from General Fund undesignated reserves.
RECOMMENDATIONS:
None
RECOMMENDED MOTION:
"I move to approve Resolution No. 05-2016 -a resolu tion amending the fiscal year 2016 General
Fund budget to reflect the approval of supplemental budget appropriation in the amount of $5,000
for the purpose of donating to the Curtis J. Gilmore Lifelong Learning Scholarship Fund."
Or.
"[move to postpone indefinitely Resolution No. 05-2016 -a resolution amending the fiscal year
2016 General Fund budget to reflect the approval of a supplemental budget appropriation in the
amount of $5,000 for the purpose of donating to the Curtis J. Gilmore Lifelong Learning
Scholarship Fund for the following reason(s) ,.
REPORT PREPARED BY:
Janice Smothers, Administrative Assistant to the Mayor and Council
Patrick Goff, City Manager
ATTACHMENTS:
I. Resolution No. 05-2016
TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 05
Series of 2016
A RESOLUTION AMENDING THE FISCAL YEAR 2016 GENERAL
FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF
$5,000 FOR THE PURPOSE OF DONATING TO THE CURTIS J .
GILMORE LIFELONG LEARNING SCHOLARSHIP FUND
WHEREAS, Curtis J. Gilmore Lifelong Learning Scholarships are awarded
annually to students pursuing two-year associate degrees/certificates in non-academic
career tracks; and
WHEREAS recognizing that the demand for skilled workers in the workplace is
high, the Curtis J. Gilmore Lifelong Learning Scholarship seeks to give seniors at the
Wheat Ridge High School who have earned a 2.2 GPA or higher the opportunity to
enter trades that offer the potential to earn a decent living wage; and
WHEREAS, the Wheat Ridge Community Foundation anticipates receiving up to
20 applications for the Curtis J. Gilmore Lifelong Learning Scholarship in 2015 and the
Foundation would like to award the Scholarship to as many qualified applicants as
possible; and
WHEREAS, the ability to award these scholarships relies on donations from the
community; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of Wheat Ridge,
Colorado, as follows:
A. The City Council authorizes a supplemental budget appropriation in the
amount of $5,000 from the General Fund undesignated reserves to account number 01-
102-700-780 and amending the 2016 fiscal year budget accordingly for the purpose of
donating to the Wheat Ridge Community Foundation for the Curtis J. Gilmore Lifelong
Learning Scholarship Fund.
DONE AND RESOLVED this 25th day of January, 2016.
Joyce Jay, Mayor
ATIEST:
Janelle Shaver, City Clerk
Attachment 1
~ 4 4
....... r City of
JP'"WlieatR.:l_.dge
ITEM NO:~
DATE: January 25,2016
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 06-2016 -A RESOLUTION AMENDING
THE FISCAL YEAR 2016 GENERAL FUND BUDGET TO
REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION FOR THE ACCEPTANCE OF
THE 2016 PEACE OFFICER STANDARDS AND TRAINING
GRANT IN THE AMOUNT OF $7,500
0 PUBLIC HEARING 0 BIDS/MOTIONS
1:8] RESOLUTIONS
QUASI-JUDICIAL:
0 ORDINANCES FOR I sT READING
0 ORDINANCES FOR 2 ° READING
0 YES 1:8] NO
~~ ief of olice ~
ISSUE:
The Police Department received a Peace Officer Standards and Training (POST) award for
$7,500. This grant is specifically eannarked for police in-service training. This grant award was
not budgeted in the 2016 Budget.
PRIOR ACTION:
No prior action regarding this grant has been taken.
FINANCLAL IMPACT:
The Police Department is receiving $7,500 for trammg. The POST board is statutorily
responsible for assisting law enforcement agencies with the training of officers. POST rules
require each certified police officer receive 24 hours of on-going education in order to maintain
certification. The department can only use POST grant funds for:
• Training, training equipment, training supplies, books, class supplies backfill and
travel costs for students and instructors
• Track and range maintenance and upgrades, tracking car maintenance, tires, and fuel
used for driver training
POST Grant
January 25, 2016
Page2
• Training ammunitionlsimunitions, simulator guns and safety equipment, Tascr
training and cartridges, etc.
• Out-of-state training to include, tuition, lodging and travel costs
• On-line training
• Warranty cost for trai ning equipment
• Arrest control equipment
POST limits each agency to $5000, until after initial grant requests are received. The department
requested funds associated with two training projects and POST granted an award for both
totaling $7,500.
BACKGROUND:
The Poli ce Department conducts in-service training annually. This 40-hour block of training is
offered weekly for five consecutive weeks in late February and early March. Each 40-hour
training block includes skills training such as driving and arrest control, as well as training that is
germane to modem police operations such as case law diversity, anti-bias based training, and
de-escalation techniques. Also included is training specific to th e Wheat Ridge workplace.
The Police Department identified two projects associated with the 2016 po lice in-service training
that met the criteria outlined by POST. Both projects were approved by POST. The department
will use the $7,500 award to cover training faci lity rentals and instructor fees.
RECOMMENDATIONS:
Staff recommends approval of the supplemental budget appropriations.
RECOMMENDED MOTION:
"I move to approve Resolution No. 06-2016. a resolution amending the fi scal year 2016 General
Fund Budget to reflect the approval of a supplemental budget appropriation for the purpose of
accepting the 2016 Peace Officer Standards and Training Grant in the amount of$7,500."
Or,
"l move to postpone indefinitely Resolution No. 06-2015, a resolution amending the fiscal year
20 16 General Fund Budget to reflect the approval of a supplemental budget appropriation for the
purpose of accepting the 2016 Peace Officer Standards and Training Grant in the amount of
$7,500 for the following reason(s) ''
REPORT PREPARED AND REVIEWED BY:
Dave Pickett, Division Chief
Daniel Brennan, Chief of Poli ce
Patrick Goff, City Manager
ATTACHMENTS:
I. Resolution No. 06-?0 16
2. POST Award Letter dated November 20, 20 15
3. POST Continu ing Education Funds Agreement
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION 06
Series of 2016
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2016 GENERAL
FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION FOR THE PURPOSE
OF ACCEPTING THE 2016 PEACE OFFICER STANDARDS AND
TRAINING GRANT IN THE AMOUNT OF $7,500
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget
be effected by the City Council adopting a resolution; and ,
WHEREAS, the City of Wheat Ridge, shall serve as point of contact and grant
administrator for the Peace Officer Standards and Training Grant hereafter referred to
as POST for the amount of $7,500.00; and,
WHEREAS, POST funds are specifically designated for in-service police training
costs incurred by local police agencies described as:
• Training, training equipment, training supplies, books, class supplies backfill
and travel costs for both student and instructor.
• Track and range maintenance and upgrades, track car maintenance, tires,
fuel used for driver training
• Training ammunition, Simunition® program, simulator guns and safety
equipment, Taser training cartridges, etc.
• Out-of-state training to include, tuition, lodging and travel costs
• On-line training
• Warranty cost for training equipment
• Arrest control equipment; and,
WHEREAS, purchasing and accounting methods will be in accordance with the
rules set forth by POST;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A. The City Council authorizes the acceptance of the Peace Officer Standards and
Training Grant and the amendment of the grant fund revenues accordingly.
B. The City Manager is authorized to execute all documents necessary for the
acceptance of the award.
C. The City Council authorizes an amendment to account number 01-207-700-728
in the amount of $7 ,500 for training facility rental and instructor fees.
Attachment 1
DONE AND RESOLVED THIS ---------..1 2016.
Joyce Jay, Mayor
ATTEST:
Janelle Shaver, City Clerk
Department of La''
Ralph L. Carr
Colorado Judicial Center
1300 Brondway. 9th f loor
Denver, CO 80203
(720) 508-6721
Fax: (866)858-7486
Email: POST@ state.co.us
Boord Members
Cynthia H. Collman
t\llome~· Gencrnl
Cha1r
Chief John . Camper
Ci(l' of Grand Junction
Vice Chair
hit'f Dan 81'<•nnnn
Clfl• of Wheat Ridg<'
Sheri IT Ron Bruee
1/in.~dall' Coumy
ergeant Rafael Cba07.a
Ci(v of Colorado Spril1gs
Sergennt Lonnie Chovn
C/(1' of Grund .flmction
Chirf John Collins
Cin· oj l:."nglcwood
Deputy Amanda Cruz-Giordano
Arapaho<' Coull(l' Sheriffs Office
Sheri IT Chad Da~
Yuma Count)•
David Dorutldso~l
l.agan Couflly Comminioner
Chid Jolm ~er
City of Rifle•
Eu•cutive Director Stan Hilke)
Departmclll of Public Sufery
Kara l'loofnaglc
Public Member
s. Zel«> KilO\
Public ,'.(ember
Robert A. Ut's
Public Jfem/x>r
ShcriiT Fred McKee
Delta Coun(v
'heriiT Johu MJnor
Summit Count\'
Chief 11cbacl Phibbs
Auraria Dept of Public Sa(cn·
Jane QuJmb)
Public Memlm·
S C Thomas Rnvencllc
Federal Bureau of
hn·estigaflon
heriiT nthony purlock
Douglas Co1111f\'
Bradley F. Taylor
Public Member
Sheri IT Fr ederick Wegener
Park Coufll\'
Chief Robert C. White
Cuv of Dem er
POST Director
Cory Amend
November 20, 20 15
TO: Wheat Ridge Police Department.
Congratulations ! The office of Peace Officer Standards and Training (POST) has approv\!d a
grant of $7.500.00 for your law enforcement training program. Our offer of thjs grant is subject
to your agreement to:
I. Use the grant funds only as specified in the approved grant application proposal.
2. Maintain your records to show and account for the uses of grant funds.
3. Allow POST access to records to verify grant expenditures and activities.
4. Comply with reasonable reque ts for mformation about program activities.
5. Meet terms and conditions specified in the Purchase Order attached to thjs letter.
If your organization agrees to these tern1s. please print a single-sided copy and ha ve an
authorized representative sign and return the Purchase Order with the attached Exhibit A. The
Purchase Order requires original signature therefore the Purchase Order must be returned via
postal mail. Mail the Purchase Order (with original signature) to:
Beck-y Calomino-Graot Manager
Ralph Carr Judicial Center
Peace Officer Standards and Training
1300 Broadway Street 91h Floor
Denver. CO 80203
Do not incur any charges or pay for or order any items that have been approved in this
award letter prior to the full execution of the attached Purchase Order. Once the Purchase
Order has been signed by lhe State we will return a copy to you for your records and provide
instructions how to receive your funds. Again, you may not incur costs prior to the date the
State Controller Delegate signs the Purchase Order.
Tf you have any questions please contact Becky Calomino at becky.calomino((vstate.co.us or
720-508-6737. We appreciate being able to assist your with your efforts to provide quality law
enforcement trctining.
Sincerely.
Cory A. Amend
POST Director
Attachment 2
COLORADO DEPARTMENT OF LAW IMPORTANT
PEACE OFFICER STANDARDS AND TRAINING {POST)
RALPH L. CARR COLORADO JUDICIAL CENTER The PO # and
LINE # must
appear on all
invoices, 1------..-------------------i packing slips,
1399 BROADWAY, 9th FLOOR
DENVER, CO 89293
• ~-P_U_~_EC_P~-R:-M-~N-~-o-~-~-~-E_R_--1
PEACE OFFICER STAIIDAilOS and TRAINING
PO #: GAE LAAA 29169999999999999999 vendor Name: Wheat Ridge Pol ice Department
Vendor Contact: Oiv. Chief Dave Pickett
Phone:
E-Mail:
Name and
Address:
393-23S-29eS
dpickettllRcl wbeatr!dOe.co.us
Ship To:
Wheat Ridge Police Department
7500 West 29th Avenue
Wheat Ridge, co 80033
cartons and
correspondence. I Start Date: 12/1/2915 End Date: 6/39/2916
Stilte Award I : None
ALPHA, ORG or FUND: 45&9 PINS
Invoice To :
Becky Calomino-Colorado Department of Law
Peace Officer Standards and Training (POST)
1399 Broadway, 9th Floor
Denver CO 89293
Instructions to Vendor
Any questions regarding this PO should be directed
to Becky.Calomino@state.co.us or 729-S98-6737
1. If for any reason delivery of this order is delayed beyond the
delivery/ins~allation date shown, please notify the agency
contact named at the top left. (Right of cancellation is
reserved in instances in which ti.ely delivery is not •ade.)
2. Al l chemicals, equipment and materials must conform to the
standards reauired bv OSHA.
Special Instructions:
1. Order of precedence: 1) Purchase Order Terms & Conditions;
!<Exhibit A).
2) Exhibit A Statement of Work (SOW)/Applicable Laws
2. Purchase Order Terms and Conditions:
httos://www.colorado.aov/osctourchase-order-terms-conditions
3. Description:
• This Purchase Order is to provide funds to Vendor to secure training and/or training equipment for the training of certified
peace officers in the State of Colorado. See Exhibit A Statement of Work .
• Payment will be made upon satisfactory delivery of goods and/or completion of training or services and receipt of a correct
vendor invoice and documentation of training attendance.
• Vendor invoices must be received no later than sixty (68) calendar days from the delivery of goods and/or the completion of
services and/or training. It is the responsibility of the Vendor to ensure that invoices are received at the "Invoice To"
location above within the time f rame specified. ALl INVOICES FOR PAYMENT MUST BE SUBMITTED NO LATER THAN CLOSE OF BUSINES
JUNE 3eth, 2016.
e TttiS PURCHASE ORDER IS NOT EFFECTIVE UNTIL SIGNED BY A STATE CONTROLLER DELEGATE. UNDER NO CIRClJII!STANCES SHAll THE GOODS
AND/OR SERVICES BE ORDERED OR PERFORJIIED PRIOR TO THE PO EFFECTIVE DATE, NOR EXCEED THE DOCIJIIIENT TOTAl WITHOUT PRIOR WRITTEN
AUTHORIZATION FROM THE DEPARTMENT OF LAW.
Printed Signatory Name and Title
Pri nted Name: Daniel Brennan
Title: Chief
Date:
Vendor Signature: ________________________ __
DOCUMENT TOTAL =1 $7,599.99
TKIS PO IS ISSUED lH ACCORDAHCE WITH STATE AI«> FEDERAl REGULATIONS FOR THE STATE OF
COLORADO
Name: Melissa Moynham I
Title: State Controller Delegate
Date:
State Controller Delegate Sicnature: _____________ _
Attachment 3
Page 1 of 1
EXH IBIT A
STATEMENT OF WORK
1. Genera l Description:
a) Authority. Authority to enter into this Purchase Order exists in C.R.S.24-3 1-31 0 and funds have
been budgeted. appropriated and otherwise made available pursuant to C.R.S. 42-3-304 (24) and a
sufficient unencumbered balance thereof remains available for payment. Required approvals,
clearance and coordination have been accomplished from and with appropriate agencies.
b) Purpose. The purpose of this Purchase Order is to engage the services of the Vendor to assist the
Peace Officer Standards and Training (POST) office with its statutory responsibility of providing
law enforcement training and safety courses to certified Colorado peace officers.
2. Effective Date: POST shall not be liable to reimburse the Vendor for any performance, hereunder,
including. but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the
Effective Date set forth in the main body of this Purchase Order.
3. Project Description and Budget. The maximum amount payable under this Purchase Order to the
Vendor by the State is $7,500.00 for the folio" ing approved project activities:
Project Activity Approved Budget
Training Class-Workplace Respect $3.500.00
Driving Track Fee fo r Feb and March 2016 $4,000.00
TOTAL $7,500.00
4. Payments. Payments shall be made in accordance with the provisions set forth in the Purchase Order
and applicable State Controller Fiscal Rules and POST disbursement procedures. Payments to Vendor
are limited to the unpaid obligated balance of the Purchase Order.
a) Vendor shall submit a request for reimbursement within sixty (60) calendar days from the
delivery of goods and/or the completion of services and/or training and no later than June 30,
2016. Payment requests must be submitted with cost documentation (receipts. invoices. canceled
checks) and proof of attendance (if attending training). Lodging (hotel) receipts must be dated
and itemized. POST will only reimburse for per-diem paid for meals and wiJJ not reimburse
individual meal receipts. Per-diem may only be paid when over-night travel is required.
5. Applicable Laws. At all times during the performance of this Purchase Order. Vendor shall compl y
with all applicable State laws and their implementing regulations, currently in existence and as hereafter
amended. including without limitation those set forth in this Ex hibit. Laws. regulations. and
authoritati ve guidance incorporated into this Purchase Order include, without limitation:
• Department of Law. Peace Officer Standards and Training Continuing Educati on Grant
Guidelines. available on the POST websi te.
• tate of Colorado. State Controller Fiscal Rules, avajlable on the Colorado.gov website.
• 24 CFR Part 85, Administrati ve req uirements for grants and cooperative agreements to
State and local governments and federall y recognized lndian tribal governments.
Exhibit A-I
• 2 CFR Part 225. Cost Princi ples for State. Local and Indian Tribal Governments (OMB
Circular A-87).
• OMB Circular A-1 33. Audits of State and Local Governments and Non-Profit
Organizations.
• Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and LocaJ Governments. 44 CFR 13.
• C.R.S. 24-3 1-310 Resources for the Training of Peace Officers.
• C.R.S. 24-31-303 (I) Duties, Powers of the POST Board.
• C.R.S.24-3 1-3 15 Annualln-Service Training Requirements .
•
6. Compliance: The Vendor agrees to be responsible for ensuring compliance with this Purchase Order
award Terms and Conditions and ensure that any equipment or ammunition purchased as a part of this
Award will be used for training purposes only.
Exhibit A-2
... ~ ' " • • , City of • JP'WheatRi_dge
ITEM NO: __l__cL
DATE: January 25,2016
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 07-2016 -A RESOLUTION APPROVING
AN AGREEMENT BETWEEN THE CITY OF LAKEWOOD
AND THE CITY OF WHEAT RIDGE FOR FORENSIC CRIME
LAB/CRIME SCENE SERVICES AND AUTHORIZING
PAYMENT OF $69,600
D PUBLIC HEARING D BIDS/MOTIONS
~ RESOLUTIONS
QUASI-JUDICIAL:
.kbief ofPOiiCe
ISSUE:
D ORDINANCES FOR I ST READING
0 ORDINANCES FOR 2N° READING
D YES ~ NO
C~r4fJ1)/
In 2006, the Wheat Ridge Police Department (WRPD) entered into an Inter-Governmental
Agreement (lGA) with the Lakewood Police Department to provide forensic crime lab services.
These are primarily field services which include response to serious crimes for scene processing.
It also includes the fo llow-up diagraming and court document preparation. This agreement was
prompted by recommendations made in the 2004 Police Department Organizational Assessment,
which recommended civilianizing the department's crime lab, and using the two swom crime lab
detective positions for other police functions. The disbursement of$69,600 is made to the City
of Lakewood in four quarterly payments per year.
PRIOR ACTION:
After reviewing the available options, the department entered into an agreement with the
Lakewood Police Department to provide forensic crime lab services. The first IGA, an 18-month
agreement, was approved in June 2006 and ended December 31 ,2007. Due to the success of this
agreement, it has been continued. The City of Lakewood requires IGA 's to be approved
annually. This agreement has again been successful over the past year, and it is recommended to
continue for the period between January I, 2016 and December 31, 20 I 6.
FINANCIAL IMPACT:
Per the agreement, the City of Wheat Ridge will pay salary and benefit costs for one
Lakewood Crime Lab position at $6 I ,6 I 0 for 2016. Preliminary overtime costs have been
Council Action Fonn -Forensic Crime Lab IGA
January 25, 2016
Page2
estimated at $6,600 per year, bringing the total personnel costs to $68,210 per year. In
addition, the department will provide for the replenishment of supplies consumed in the
course of an investigation at a cost of $1,390. ln comparison, salary and benefits costs for one
Wheat Ridge senior detective position are $94.844, and estimated overtime costs of $8,000
bring the total costs for a sworn detective position to $102,844. This IGA saves the
department approximately $34,634 a year.
BACKGROUND:
The WRPD has used forensic crime lab services from the Lakewood Police Department since the
origiJ1al IGA was signed in 2006. Police staff has fo und the Lakewood Crime Lab to be
responsive and professional. This partnership provides the WRPD with immediate access to all
of Lakewood's Crime Lab personnel as needed. In addition, it has allowed Wheat Ridge access
to high quality fo rensic services at a substantially lower cost than even basic fo rensic services
could be provided from withi n.
RECOMMENDATION :
The Police Department recomm ends maintaini ng the partnership with the Lakewood Police
Department. This IGA makes the WRPD more efficient and effective, and enl1ances the level of
service to the community. It also provides the department the opportunity to redeploy a sworn
position to the In vestigations Bureau.
RECOMMENDED MOTION:
"1 move to approve Resolution No. 07-2016, a resolution approvi ng an agreement between the
City of Lakewood and the City of Wheat Ridge for forensic Crime Lab/Crime Scene services in
the amount of$69,600."
Or,
"I move to postpone indefinitely approval of Resolution No. 07-2016, a resolution approving an
agreement between the City of Lakewood and the City of Wheat Ridge for forensic Crime
Lab/Crime Scene services in the amount of $69,600 for the fo llowing reason(s) ______ "
REPORT PREPARED BY:
Mark Cooney, Commander
Daniel G. Brennan Police Chief
Patrick Goff, City Manager
ATTACHMENTS:
I. Resolution for Crime Lab Services Agreement
2. lGA between the City of Lakewood and City of Wh eat Ridge
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 07
Series of 2016
TITLE : A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND THE
CITY OF WHEAT RIDGE FOR FORENSIC CRIME LAB/CRIME
SCENE SERVICES AND AUTHORIZING PAYMENT OF $69,600
WHEREAS, pursuant to C.R.S. § 29-1-203, the cities of Wheat Ridge and
Lakewood, Colorado are authorized to enter into cooperative agreements with other
governmental entities to provide any function, service or facility each is authorized to
undertake; and
WHEREAS, Lakewood and Wheat Ridge are each authorized to perform law
enforcement functions pursuant to Section 6, Article XX of the Colorado Constitution
and C.R.S . § 31-15-401 ; and
WHEREAS, Lakewood currently possesses both a forensic crime lab and
personnel that provide services that enhance investigative capabilities on crime scenes;
and
WHEREAS, Wheat Ridge does not currently possess such specialized lab
facilities or personnel with the level of specialized training to perform these services;
and
WHEREAS, the Wheat Ridge City Council finds that contracting with Lakewood
for the use of Lakewood's crime lab services and personnel would promote and protect
the public health, safety and welfare by enhancing the investigative capabilities of
Wheat Ridge concerning Wheat Ridge crime scenes; and
WHEREAS, the Council therefore desires to approve the terms of an agreement
with Lakewood under which Wheat Ridge may utilize Lakewood's crime lab and
personnel; and
WHEREAS, in accordance with Section 14.2 of the City's Home Rule Charter,
the City Council wishes to approve said intergovernmental agreement by resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows:
THE INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF
LAKEWOOD AND THE CITY OF WHEAT RIDGE CONCERNING WHEAT
RIDGE'S USE OF LAKEWOOD'S FORENSIC CRIME LAB/CRIME SCENE
SERVICES AND PERSONNEL FOR 20161S HEREBY APPROVED.
Attachment 1
DONE AND RESOLVED this 25th day of January, 2016.
Joyce Jay, Mayor
ATTEST:
Janelle Shaver, City Clerk
2
AGREEMENT
THIS AGREEMENT is made and entered as of the 151 day of January, 2016, by
and between the CITY OF WHEAT RIDGE, COLORADO, a Colorado municipal
corporation, (hereinafter referenced as 'Wheat Ridge"), and the CITY OF LAKEWOOD,
COLORADO, a Colorado municipal corporation, {hereinafter referenced as "Lakewood").
RECITALS
WHEREAS, Lakewood possess both a forensic crime lab and personnel that
provide services that enhance investigative capabilities on crime scenes; and
WHEREAS, Wheat Ridge is desirous of utilizing these resources to more
effectively manage its crime scene investigation; and
WHEREAS, one (1) additional Crime Scene Analyst hired by Lakewood will
adequately staff the crime response team sufficient to service Wheat Ridge's needs; and
WHEREAS, the effect of the additional Crime Scene Analyst will be that Wheat
Ridge will receive services equivalent to one (1) full-time employee; and
WHEREAS, the parties wish to establish a cooperative working relationship
between them to provide for the use of the forensic crime lab and personnel hereafter
described in this Agreement.
COVENANTS
NOW THEREFORE, in consideration of the recitals, covenants, and promises
herein set forth and other good and valuable consideration herein received , the parties
agree as follows:
1. Definitions. As used herein, the following terms have the meanings set
forth:
a. Ancillary scene/ancillary crime scene: A scene that is not the
primary scene of a call-out. Ancillary scenes include, but are not
limited to: hospitals, vehicles and the Lakewood Police
Department when used to create search warrants and process
victims and/or suspects.
b. Call-out: A request made by either the Wheat Ridge or Lakewood
Police Department for a Crime Scene Analyst, and any other
personnel as may be deemed necessary, to visit a crime scene
and to begin the investigation and analysis necessary to resolve
that particular case.
c. Court oreoaration: Includes, but is not limited to: photo
processing and preparation, diagram production, pre-trial
meetings, consultation and other work done to prepare for any
court proceedings resulting from a crime scene investigation.
d. Crime Scene/Scene: Either a primary or ancillary scene as
defined in this section.
Attachment 2
e. Crime Scene Analyst: A non-sworn member of the Lakewood
Police Department specializing in crime scene investigation.
f. Forensic crime lab/crime lab/lab: A lab specially designed to aid
in the investigation and analysis of evidence found at a primary
crime scene or any ancillary crime scene.
g. Image analysis: Follow-up work done in the lab, which includes,
but is not limited to: review of images and providing stills from
surveillance tapes.
h. Overtime: Time worked by any Crime Scene Analyst beyond the
normal working hours as scheduled on a weekly basis.
i. Primary scene/primary crime scene: The location where a crime
is committed.
2. Availability of crime scene investigation resources. Lakewood shall
make its forensic crime lab and personnel available to Wheat Ridge under
the terms set forth in this Agreement.
3. Scope of services. Wheat Ridge may make a call-out request for a
Crime Scene Analyst in the circumstances as set forth in Exhibit 1 (the
"Call-out Policy") herein attached. Lakewood shall provide the following
services to Wheat Ridge in conjunction with each Wheat Ridge call-out:
a. At least one (1) Crime Scene Analyst at the primary scene of the
call-out;
b. At least one (1) Crime Scene Analyst at any ancillary scenes;
c. Chemical preparation for any required processing at a scene; and
d. Follow-up preparation and evaluation of evidence in Lakewood's
or Wheat Ridge's lab. Follow-up in the lab includes, but is not
limited to:
i. Documentation of clothing and other items of evidentiary
value;
ii. Bloodstain pattern analysis both at the scene and in the
lab. Bloodstain pattern analysis includes presumptive
testing for blood;
iii. Field response latent print processing ;
iv. Footwear and tire track processing and comparison;
v. Alternate light source examinations;
vi. Image analysis;
vii. Image processing and the archival storage and
reproduction of images which includes: time, material and
storage expense;
viii. Report writing and diagramming, which includes laser
mapping;
2
ix. Gunshot residue collection;
x. Court preparation; and
xi. Court testimony.
e. Provide crime scene training to members of the Wheat Ridge Police
Department when deemed necessary and appropriate, contingent upon
the reasonable availability of Lakewood Crime Lab personnel to render
such training. This training can include, but is not limited to:
i. Police In-Service Training;
ii. Basic Crime Scene Investigator (CSI) training; and
iii. CSI Best Practices update training;
f. Provide assistance and technical support for various community
outreach programs that have been established by the Wheat Ridge Police
Department, contingent upon the reasonable availability of Lakewood
Crime Lab personnel. These programs include, but are not limited to:
i. Wheat Ridge Volunteer Academy;
ii. Wheat Ridge Civilian Police Academy; and
iii. Wheat Ridge Police National Night Out Event.
4. Procedure. All evidence that is not needed for immediate forensic
examination shall be booked into Wheat Ridge property and evidence.
Wheat Ridge shall be responsible for any required viewings of evidence .
5. Standard. access and quality of service. With regard to all services
provided under this Agreement. when responding to a request from
Wheat Ridge, Lakewood shall provide the same standard of service,
quality of service and accessibility to Wheat Ridge, as it does for all of its
own call-outs. At a minimum, at least one (1) Crime Scene Analyst will
respond to all primary and ancillary crime scenes. Additional personnel
may be called to the scene as necessary and as they become available.
In light of the addition of a new full-time Crime Scene Analyst pursuant to
Paragraph 7(a) hereof, it is the expectation of the parties that this staffing
increase will permit a Crime Scene Analyst to respond to any Wheat
Ridge and/or Lakewood call-out for evidence collection.
6. Assianments. Assignments to each call-out shall be made by
Lakewood. Wheat Ridge shall provide security for any Crime Scene
Analyst who is at the scene of a Wheat Ridge incident.
7. Compensation. In return for services provided and access to crime
scene investigation resources, Wheat Ridge shall compensate Lakewood
in the following manner:
a. Salarv. benefits and other associated costs. Wheat Ridge shall
pay the salary, benefits and other costs associated with Lakewood
retaining one (1) full-time Crime Scene Analyst. During the first
twelve (12) months of employment, salary for said employee shall
not exceed $61 ,610. Salary shall be payable in advance in
3
quarterly installments of $15,402.50. Changes in salary, benefits,
overtime and other associated costs of this Agreement shall be
made during each party's budget process, (typically completed in
the months of May and June) but in no event shall such changes
be communicated to the other party later than one ( 1) week prior
to submission of the final budget to the party's respective City
Managers' offices for approval.
i. Overtime. Wheat Ridge shall pay all hourly overtime costs
for Crime Scene Analysts on Wheat Ridge call-outs at the
overtime rates paid by Lakewood for all overtime incurred
by such Crime Scene Analysts. Within thirty (30) days of
receipt of the invoice from Lakewood, Wheat Ridge shall
pay all overtime costs incurred. The parties understand
that this rate may change from time to time, upon 45 days
advance written notice from Lakewood to Wheat Ridge.
b. Replenishment of supplies. The City of Wheat Ridge agrees to
provide replenishment of supplies consumed in the course of an
investigation. These supplies include, but are not limited to,
fingerprint powder, tape and brushes, casting material and
chemicals used in the development of latent impressions and
latent blood detection.
c. Personnel support. The City of Wheat Ridge agrees to provide
financial support for the analyst in the amount of $1 ,600 per year.
This funds the employee's training costs, pager, cell phone and
clothing expenses. This fee will be billed quarterly in pro-rated
amounts.
d. Scope. This Agreement shall not be read to include access to
Lakewood's Computer Forensics Technician.
8. Staffing. The Lakewood forensic crime lab shall be staffed by Lakewood
employees exclusively. Lakewood shall hire one ( 1) additional Crime
Scene Analyst who will be a Lakewood employee for all purposes,
including, but not limited to: discipline and supervision.
9. Records and retention. All physical records and evidence generated by
the crime lab and its personnel shall remain in the possession of
Lakewood for the limited purpose of forensic examination. Upon
completion of such examination, such physical records and evidence
shall be maintained by Wheat Ridge. Legal ownership of such records
and evidence from any Wheat Ridge crime scene shall remain exclusively
with Wheat Ridge. Wheat Ridge shall have all responsibility for
responding to records inspection requests and any subpoenas for records
with respect to Wheat Ridge crime scenes.
10. Use of facilities . Lakewood shall have access to the Wheat Ridge
facilities necessary to carry out this Agreement. Furthermore, Lakewood
shall have access to the evidence facility owned by Wheat Ridge located
at 11220 W. 45th Avenue, Wheat Ridge, Colorado 80033-2500.
4
11 . Compliance with Colorado Constitution Article X Section 20. The
obligations of the parties hereunder are expressly subject to annual
appropriation of amounts necessary in the sole and exclusive discretion
of their respective governing bodies. Nothing in this Agreement
constitutes or is intended to create a multi-year fiscal obligation or debt of
either party within the meaning Article X, Section 20 of the Colorado
Constitution.
12. Effective Date. This Agreement shall take effect on the 151 day of
January, 2015, or upon execution of this Agreement by both parties,
whichever event occurs last.
13. Term. The term of this Agreement shall be twelve (12) months from the
Effective Date.
14. Termination. Either party may terminate this Agreement for any reason
upon providing sixty (60) days notice to the non-terminating party;
provided, however, that the non-terminating party is given at least thirty
(30) days to effect a cure. Notice of termination must state the reason the
party is terminating the Agreement such that the non-terminating party is
given adequate information to cure. Any notice given under this section
shall be sufficient if personally delivered or if sent by certified mail, return
receipt requested, addressed as follows:
If to Wheat Ridge: 7500 W. 29th Ave.
With a copy (which shall
not constitute notice) to:
If to Lakewood:
With a copy (which shall
not constitute notice) to:
Wheat Ridge, CO 80033
Gerald E. Dahl
Murray Dahl Kuechenmeister
& Renaud LLP
2401 15th Street, Ste. 200
Denver, Colorado 80202
Lakewood Public Safety Ctr.
445 S. Allison Pkwy.
Lakewood, CO 80226
Office of the City Attorney
Lakewood Civic Center
480 S. Allison Pkwy.
Lakewood, CO 80226
Notices personally delivered shall be effective upon delivery. Mailed
notices shall be effective three (3) business days after mailing.
15. Waiver. Failure to insist upon strict compliance with any of the terms,
covenants and/or conditions hereof shall not be deemed a waiver of such
terms, covenants and/or conditions, nor shall any waiver or
relinquishment of any right or power hereunder at any one time or more
times be deemed a waiver or relinquishment of such right or power at any
other time or times.
5
16. Amendments to Agreement. No changes, alterations or modifications
to any of the provisions hereof shall be effective unless contained in a
written agreement signed by both parties.
17. Entire Agreement. This Agreement shall constitute the entire agreement
between the parties hereto and shall supersede all prior contracts,
agreements, proposals, representations, negotiations and letters of intent,
whether written or oral, pertaining to the subject matter of this Agreement.
18. Governing law; severability. The laws of the State of Colorado shall
govern the interpretation, validity, performance and enforcement of this
Agreement. For the resolution of any dispute arising hereunder,
jurisdiction and venue shall be proper and exclusive in the Courts of the
County of Jefferson, State of Colorado. If any provision of this Agreement
shall be held to be invalid or unenforceable, the validity and enforceability
of the remaining provisions of this Agreement shall not be affected
thereby.
19. Paragraph headings. Paragraph headings are inserted for convenience
only and in no way limit or define the Interpretation to be placed upon this
Agreement.
20. Binding agreement. This Agreement shall be binding upon and for the
benefit of the parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day and year first above written.
WHEAT RIDGE:
ATTEST:
By: _________ _
Janelle Shaver, City Clerk
CITY OF WHEAT RIDGE, COLORADO
By: ___________ _
Joyce Jay-Mayor
APPROVED AS TO FORM:
By:-:--~---------------Gerald Dahl, City Attorney
6
LAKEWOOD:
ATIEST:
By:. ________ _
Margy Greer, City Clerk
CITY OF LAKEWOOD, COLORADO
By: __________ _
Kevin Paletta, Chief of Police
APPROVED AS TO FORM:
By: _______________ _
Office of the City Attorney
7
Exhibit _1_ Call Out Policy
Call Out Policy
1. Homicides and attempted homicides
2. Questionable (suspicious) and accidental deaths
3. Suicides
4. Felony Sex Assaults
5. First & Second degree assaults on police or fi re personnel.
6. Assaults with potentially life threatening injuries to any person.
7. Fire investigations involving human death or potentially life threatening injuries;
or at the request of fire investigators for technical assistance.
8. Felony child abuse.
9. First or Second degree kidnapping
10. Police involved shootings.
11 . Other types of incidents when the sensitivity of the investigation or a forensic
complexity precludes the normal processing option. at the discretion of the
supervisor.
8
\ ' ., .~ ~ City of
:P'WheatRl,dge
ITEMNO:k
DATE: January 25,2016
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 10-2016 -A RESOLUTION AMENDING
THE FISCAL YEAR 2016 GENERAL FUND BUDGET TO
REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION FOR THE PURPOSE OF
ACCEPTING THE 2015 EDWARD BYRNE JUSTICE
ASSISTANCE GRANT IN THE AMOUNT OF $11 ,454
0 PUBLIC HEARING
0 BIDS/MOTIONS
[8] RESOLUTIONS
0 ORDINANCES FOR I ST READING
0 ORDINANCES FOR 2N° READING
QUASI-JUDICIAL: 0 YES
City Manager
ISSUE:
The Police Department received an Edward Byrne Justice Assistance Grant (JAG) award for
$1 1,454 from the Department of Justice, Office of Justice Programs. This grant award was not
included in the 2016 Budget.
PRIOR ACTION:
ChiefBrennan notified City Council ofthis grant award on July 20,2015.
FINANCIAL IMPACT:
JAG funds are specifically designated for state and locaJ initiatives, technical assistance, training,
personnel, equipment, supplies, contractual support, infonnation systems for crimina! justice and
crimina! justice related research and evaluation activities that improve or enhance:
• Law enforcement programs
• Prosecution and court programs
• Prevention and education programs
• Corrections and community corrections programs
Council Action Fonn -Acceptance of JAG Grant
January 25. 2016
Page2
• Drug treatment and enforcement programs
• Planning, evaluation and technology improvement programs
• Crime victim and witness programs (otJ1er than compensation)
The department cannot use the grant funding to replace or supplant non federal funds which have
been secured for the same purpose. JAG funds cannot be used directly or i11directly for security
enhancements or equipment for nongovernmental entities not engaged in criminal justice or
public safety.
BACKGROUN D:
The Police Department has identified one project tl1at meets the aforementioned criteria. The
AudioNisual recording system currently utilized for recording interviews of suspects, witnesses
and victims is obsolete and in need of upgrading. The funds will be utilized to purchase
recording and media storage equjpment for a new system.
RECOMMENDATIONS:
Staff recommends approval of tl1e supplemental budget appropriation.
RECOMMENDED MOTION:
"I move to approve Resolution No.] 0-2016, a resolution amending the fiscal year 20 16 General
Fund Budget to reflect the approval of a supplemental budget appropriation for the purpose of
accepting the 2015 Edward Byrne Justice Assistance Grant in the amount of$ II ,454."
Or,
"I move to postpone indefinitely Resolution No. I 0-2016, a resolution amending tl1e fiscal year
2016 General Fund Budget to reflect tl1e approval of a supplemental budget appropriation for the
purpose of accepting tJ1e 2015 Edward Byrne Justice Assistance Grant in the amount of $11 ,454
for tl1e following reason(s) "
REPORT PRE PARED/REVIEWED BY:
JD Jepkema, Commander
Oanjel G. Brennan. Chief of Police
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 10-2016
2. Staff Report, July 25,2015
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION 10
Series of 2016
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2016
GENERAL FUND BUDGET TO REFLECT THE APPROVAL
OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR
THE PURPOSE OF ACCEPTING THE 2015 EDWARD
BYRNE JUSTICE ASSISTANCE GRANT IN THE AMOUNT
OF $11,454
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget
be effected by the City Council adopting a Resolution; and ,
WHEREAS, the City of Wheat Ridge shall serve as point of contact and grant
administrator for the Justice Assistance Grant Program, hereafter referred to as JAG,
from the U.S. Department of Justice for the amount of $11 ,454; and,
WHEREAS, JAG funds are specifically designated for state and local initiatives,
technical assistance, training, personnel, equipment, supplies, contractual support,
information systems for criminal justice, and criminal justice related research and
evaluation activities that improve or enhance:
• Law enforcement programs
• Prosecution and court programs
• Prevention and education programs
• Corrections and community corrections programs
• Drug treatment and enforcement programs
• Planning, evaluation, and technology improvement programs
• Crime victim and witness programs (other than compensation); and,
WHEREAS, purchasing and accounting methods will be in accordance with the
subgrantee governing jurisdiction's established policies and ordinances that govern the
requisition and purchase of equipment and supplies;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A. The City Council authorizes the acceptance of the Justice Assistance Grant
funded by the U.S. Department of Justice and the amendment of the grant fund
revenues accordingly.
B. The City Manager is authorized to execute all documents necessary for the
acceptance of the award.
C. The City Council authorizes an amendment to account number 01-202-650-660
in the amount of $11,454 for purchase and installation of an interview room
recording system.
Attachment 1
DONE AND RESOLVED THIS 25th day of January, 2016.
Joyce Jay, Mayor
ATTEST:
Janelle Shaver, City Clerk
~ '4
1<0... ~ " City of • !U!:W heat&_dge
_j¥p"OLIC E DEPARTMENT
Memorandum
TO: Mayor Jay and City Council
THROUGH: Patrick Goff, City Manager
Daniel Brennan, Chief of Police
FROM: Dave Pickett, Division Chief
DATE: July20,20 15
SUBJECT: StaffReport: 2015 Justice Assistance Grant
ISSUE:
The Wheat Ridge Police Department (WRPD) received an Edward Byrne Justice Assistance
Grant (JAG) for the years 20 15 and 2016 in the amount of$1 1,454. Thjs grant can be used for
the following purposes:
• Prosecution and court programs, including indigent defense
• Prevention and education programs
• Corrections and community corrections programs
• Drug treatment and enforcement programs
• Planning, evaluation, and technology improvement programs
• Crime victim and witness programs (other than compensation)
The Police Department plans to use this money, in conjunction with forfeiture funds, Fund 17, to
upgrade the audio/visual systems in each of its four interview rooms.
FINANCIAL IMPACT:
The estimated cost of the project is $34,000. The remaining $22,500 will be req uested from
Police Department asset forfeiture funds, Fund 17.
BACKGROUND:
Recording interviews is essential to the law enforcement function. The ability to preserve
statements for court testimony, visually demonstrating either deception or si ncerity, and
eliminating recantation or false allegations of coercion or other improper tacti.cs is critical for the
integJity of police investigations as well as the transparency of police operations. The police
department is currently using an interview recording system purchased in 2005. The system is
install ed in two interview rooms in the Investigations Bureau on the second floor of the
municipal building. The system relies on a computer based recording system for the majn data
coll ection process; home quality DVD burners serve as a backup for each room. TI1e computer
system is old technology subject to frequent failure, and the software is no longer properly
supported by the vendor. The DVD recorders are no longer available commercially; the last two
Attachment 2
Staff Report: 20 IS Justice Assistance Grant
July 20,2015
Page2
replacements were purchased refurbished off EBay. Detectives and officers using the system
today take a hand recorder into interviews with them as a backup device to ensure their
interviews are recorded in the event of a system failure.
A new system will allow interviewers to start and stop recording devices from a switch located at
the interview room, rather than having to manipulate controls from the computer keyboard. This
will eliminate leaving suspects alone in interview rooms while the interviewer starts recording
devices, or requiring a second person to operate the controls. The quality of recording clarity
with a new system wit! increase as new cameras replace the existing technology.
Adding recording capability to the two downstairs interview rooms, located in the Patrol
Operations Division of the police department will greatly enhance urufonned police officers'
capabilities to conduct recorded interviews of misdemeanor crimes, such as domestic violence.
Currently. the only two interview rooms that have recording capability are those in the
investigations Bureau. A recent remodel in the Patrol Operations Division created two
additional and much needed interview rooms. These rooms have no recording capability at the
present time. Having only two rooms with recording capability is problematic during major
investigations. Detectives frequently have to juggJe witnesses. victims and suspects in order to
conduct interviews, as only two people can currently be interviewed at one time.
The police department recorded 165 interviews on the current system in 2014. This does not
include interviews conducted during the three-week time period that the system was completely
down for repairs. Upgrades to the system and the addition of audio/visual capabili ty in the two
additional interview rooms in Patrol will allow for more interviews to be conducted and evidence
to be captured.
RECOMMENDATIONS:
Grant requirements include advising City Council as well as seeking input from community
members on the proposed use of these grant funds. The Police Department has posted the
information concerning this grant on its website for citizen input. Staff is requesting City
Council approve the use of JAG funds to upgrade the audio/visual equipment in four interview
rooms.
... \ '#
--r City of :P"Whe atRi_dge
ITEM NO: _j_.£.
DATE: January25, 2016
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE THE PURCHASE OF SIX 2016
VEIDCLE REPLACEMENTS AND THE PURCHASE AND
INSTALLATION OF LIGHTING, AUXILIARY AND
COMMUNICATIONS EQUIPMENT IN A TOTAL AMOUNT
NOT TO EXCEED $224,199
0 PU BLIC HEARfNG
~ BIOS/MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
0 ORDINANCES FOR I sT READING 0 ORDINANCES FOR 2ND READING
0 YES
Staff recommends the purchase of the following vehicles under the 2016 State of
Colorado Price Agreements:
One 2016 Marked Ford Police lnterceptor Utility Vehicle
One 2016 Ford Fusion Hybrid Sedan
One 2016 Chevrolet Cargo Van
One 2016 Mid-Size, Chevrolet, Extended Cab 4x4 Pickup
Two 2016 Large, Ford Extended Cab, 4x4 Pickups with Plow Packages
Total Cost:
$32.735
$22,458
$2 1,522
$27,354
$70,130
$174,199
Staff also requests approval to purchase, install and/or relocate auxiliary equipment required for
the operation of the replacement vehicles along with the installation oflighting, markings and
communication equipment at a total cost of $50,000. As a result, the total cost of the vehicles,
including preparation for use is not to exceed $224,199, as approved in the 2016 budget.
PRJOR ACTION:
None
Council Action Form -Vehicle Replacement
January 25, 2016
Page 2
FINANCIAL IMPACT:
The funds for these purchases are budgeted in the 2016 General Fund Budget, under Public
Works fleet replacement. The combined total budget for the cost of all vehicles and large
equipment, including the cost of the transfer, purchase and installation of new and used
equipment, lighting, communications and miscellaneous equipment is $564,200. Additional fleet
replacements approved in the 2016 Budget will be brought to Council at a later date.
BACKGROUND:
The annual review ofthe City's fleet of vehicles and equipment identified 32 vehicles and 10
pieces of equipment that should be replaced. The City vehicle and replacement policy. revised by
the City Council in 20 II , was utilized to determine replacement eligibility. This policy provides
replacement guidelines that consider long-term effective service life and costs for budgeting
purposes. Among the guidelines considered are high and rising maintenance and repair costs,
operating costs, excessive down-time of equipment. parts or service no longer avai lable. poor
utilization, updated legal considerations, etc.
Financial restraints have limited the budget dedicated to vehicle and equipment replacement for
several years and each year, un-funded vehicle requests have grown. This year five vehicles are
programmed for replacement, and one vehicle is a new addition to the fl eet. leaving
approximately $1.9 million in high-mileage or outdated vehicles and equipment in the fleet.
Vehicle repairs, maintenance and down time are expected to increase as th e fleet ages.
RECOMMENDATIONS:
The vendor source and purchase price of equipment is through the State of Colorado purchasing
contract which allows the City to attain the equipment at the best price and in accordance with
bid/purchasing requirements. Staff recommends purchase of the following vehicles this year:
I. One new 2016, mid-size, marked, all-wheel drive, Ford Police Patrol Utility Interceptor
vehicle will be purchased from Siii-Terhar Motors of Broomfield, Colorado, to replace
one existing, high-mileage Ford Police Patrol Crown Victoria marked sedan, unit 28 in
the Crime and Traffic division of the Police department.
2. One new 2016, mid-size, hybrid, Ford Fusion sedan will be pw-chased from Sill-Terhar
Motors of Broomfield, Colorado, to replace one existing, high-mileage Honda Accord,
unit 14 in the Investigations division of the Police department.
3. One new 2016, large, 4x2, Chevrolet Express 3/4-ton cargo van will be purchased from
Dellenbach Chevrolet, Inc. of Fort Collins. Colorado to replace one existing, high-
mileage 2002 GMC Silverado pickup, w1it 74 in the Community Services division of the
Police department.
Council Action Form -Vehicle Replacement
January 25, 2016
Page 3
4. One new 2016 mid-size Chevrolet Colorado 4x4 pickup wi U be purchased from
Dellenbach Chevrolet, lnc. of Fort Collins, Colorado as an addition to the Parks and
Recreation maintenance fleet.
5. One new 2016, large, heavy duty, 4x4, extended cab, F-350 Ford pickup with a plow
package will be purchased from Korf Continental of J uJesburg, Colorado, to replace one
existing, high-mileage, large 4x4 GMC Sierra pickup, unit 303, in the Forestry Division
of the Parks and Recreation department.
6. One new 2016, large, heavy duty, 4x4, extended cab, F-250 Ford pickup with a plow
package will be purchased from Korf Continental of Julesburg, Colorado, to replace one
existing, high-mileage. large 4x2 Ford F-250 pickup unit 208, in the Operations division
of the Public Works department.
RECOMMENDED MOTION:
"I move to approve the purchase of six 20 16 vehicle replacements and the purchase and
installation of lighting and auxiliary and communications equipment in an amount not to exceed
$224,199."
Or,
"I move to postpone indefinitely the purchase of six 2016 vehicle replacements and the purchase
and installation of lighting and auxiliary and communications equipment for the following
reason(s): ,
REPORT PREPARED/REVIEWED BY:
Greg Knudson, Operations Manager
Scott Brink, Public Works Director
Jennifer Nellis, Purchasing Agent
Patrick Goff, City Manager
ATTACHMENTS:
1) Vehicle Price Specifications
CITY OF WHEAT RIDGE
Specifications for one (1) Parks & Recreation Dept. -Mid-Size, 4x4, Extended
Cab, Long Bed Pickup
(New Addition)
January 25, 2016
BASED ON 2016 STATE OF COLORADO PRICE
AG REEMENT #201600000000000001 55
Base vehicle as bid: 2016 Chevrolet Colorado, Extended Cab,
4x4 Picku p: $24,384.00
Standard Specifications
Body Code: F1
Exterior Color: White
Interior: CS, Matching Cloth
Fuel Type: Unleaded Gasoline
Factory Option Additions
216 3.6L V-6 Engine fo r Tow Package
423 Tool Box-Across Bed, Gull Wing
430 PCKG: Towing/RCVR Hitch
443 PKG: Strobe Light
469 Spray In Bedliner
Total Price of Factory Options:
$ 1,100.00
$ 375.00
$ 575.00
$ 445.00
$ 475.00
$ 2,970.00
Total Price of Vehicle Only with Selected Factory Options: $27,354.00
Attachment 1
CITY OF WHEAT RIDGE
Specifications for one (1) Marked Police Department Utility Police Interceptor All-
Wheel Drive
(Replacement for Unit 28)
January 25, 2016
BASED ON 2016 STATE OF COLORADO PRICE
AGREEMENT #2016000000000000138
Base vehicle as bid : 2016 Ford Patrol 4x4 Interceptor Utility:
Standard Specifications
Body Code: K8A Patrol Passenger Utility, Medium, AWD
Interior/Color: Cloth Front & Vinyl Rear/Charcoal Black
Base Body Exterior Color: Shadow Black
Fuel Type: Unleaded Gasoline
Add Factory Option(s)
43D Dark car feature-Courtesy Lamp Disable
17T Dome Lamp-Red/White In Cargo Area
92G Glass-Solar Tint 2nd & 3ro Row
53M SYNC Basic-Voice Activated Communication System
61S Remappable (4) switches On Steering Wheel with Voice
18W Rear Window Power Delete
59E Keyed Alike -1435x
90E Ballistic Door Panels-Driver & Passenger Front Doors
55B BUS-Blind Spot Monitoring with Cross Traffic Alert
76R Reverse Sensing (Sonar with Chime)
60R Noise Suppression Bonds
66A Front Headlight Lighting Solution-Utility
76D Protector Deflector Plate-Utility
Total Price of Factory Options:
Delete Factory Option(s)
810D All of Complete #810 Package
Total Price of Vehicle Only with Selected Factory Options:
$33,180.00
$ 20.00
$ 50.00
$ 120.00
$ 295.00
$ 155.00
$ 25.00
$ 50.00
$3,170.00
$ 545.00
$ 275.00
$ 100.00
$ 915.00
$ 335.00
$6,055.00
<$6,500.00>
$32,735.00
CITY OF WHEAT RIDGE
Specifications for one (1) Police Department - Front Wheel Drive Hybrid
(Gas/Electric) Sedan
(Replacement for Unit #1 4)
January 25, 2016
BASED ON 2016 STATE OF COLORADO PRI CE
AGREEMENT #20160000000000000138
Base vehicle as bid: 2016 Ford Fusion Hybrid (Gas/Electric) Sedan: $22,458.00
Standard Specifications
Body Code: AH
Exterior Color: Ingot Silver
Interior: Medium Earth Gray Cloth
Fuel Type: Unleaded Gasoline
Factory Options
None
Total Price of Vehicle Only with Selected Factory Options: $22,458.00
CITY OF WHEAT RIDGE
Specifications for one ( 1 ) Community Services -Chevrolet Express
3/4-Ton Cargo Van
(Replacement for Unit #7 4)
January 25, 2016
BASED ON 2015 STATE OF COLORADO PRICE
AGREEMENT #20160000000000000155
Base vehicle as bid: 2016 Chevrolet Express 3/4-Ton Cargo Van: $20,367.00
Standard Specifications
Body Code: C3
Exterior Color: Summit White
Interior: Standard, Matching Cloth
Fuel Type: Unleaded Gasoline
Factory Options
305 Auxiliary Air Conditioning
306 Auxiliary Heating
Total Factory Options
Total Price of Vehicle Only with Selected Factory Options:
$ 860.00
$ 295.00
$ 1,155.00
$21,522.00
CITY OF WHEAT RIDGE
Specifications for one (1) Public Works Dept.-Large, Heavy Duty, 4x4, Extended
Cab Pickup
(Replacement For Unit #208)
January 25, 2016
BASED ON 2016 STATE OF COLORADO PRICE
AGREEMENT #20160000000000000156
Base vehicle as bid: 2016 Ford F-250 XL, 3/4 Ton, Extended Cab ,
Long Bed, 4x4 Pickup: $23,413.00
Standard Specifications
OEM Model #: F2B
Exterior Color: Oxford White
Interior: CS, Matching Cloth
Fuel Type: Unleaded Gasoline
430 PCKG: Towing RCVR Hitch
Factory Option Additions
098 Extended Cab 8-foot Bed
423 Tool Box-Across Bed, Gull Wing
429 OEM Trailer Brake Control-Electric
B75 Boss Super Duty Steel Plow Package 7.5' with
Smart Hitch
439 OEM Snow Plow Prep Package
443 PKG: Strobe Light
468 OEM Spray-In Bedliner
Total Price of Factory Options:
$ 2,437.00
$ 565.00
$ 270.00
$5,630.00
$ 85.00
$ 575.00
$ 495.00
$ 10,057.00
Total Price of Vehicle Only with Selected Factory Options: $33,470.00
CITY OF WHEAT RIDGE
Specifications for one (1) Parks Dept. -Large, Heavy Duty, 4x4, Extended Cab
Long Bed Pickup
(Replacement For Unit #303)
January 25, 2016
BASED ON 2016 STATE OF COLORADO PRICE
AGREEMENT #20160000000000000156
Base vehicle as bid: 2016 Ford F-350 XL, 1 Ton, Extended Cab ,
Long Bed, 4x4 Pickup : $24,551 .00
Standard Specifications
OEM Model #: F2B
Exterior Color: Oxford White
Interior: CS, Matching Cloth
Fuel Type: Unleaded Gasoline
430 PCKG: Towing RCVR Hitch
Factory Option Additions
TG2 T ommyGate G2 Series 1500# Liftgate with
Dual cylinder direct lift
X3E Limited Slip Rear Differential 3. 73 Ratio
098 Extended Cab 8-foot Bed
429 OEM Trailer Brake Control-Electric
B75 Boss Super Duty Steel Plow Package 7.5' with
Smart Hitch
439 OEM Snow Plow Prep Package
468 OEM Spray-In Bedliner
Total Price of Factory Options:
$ 3,352.00
$ 389.00
$ 1,888.00
$ 270.00
$5,630.00
$ 85.00
$ 495.00
$ 12,109.00
Total Price of Vehicle Only with Selected Factory Options: $36,660.00
~ ~ ~
....... ~ City of • JP"WheatRi_dge
ITEM NO: _lg ·
DATE: January 25 ,2016
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE $43,477 PAYMENT TO
FOOTHILLS ANIMAL SHELTER FOR A SPECIAL
ASSESSMENT TO SUPPORT SHELTER OPERATIONS
0 PUBLIC HEARING
[8) BIDS/MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
D ORDINANCES FOR 1ST READrNG
0 ORDINANCES FOR 2No READING
D YES I2J NO cicy~
Foothills Animal Shelter (FAS) is the regional animal shelter providing animal welfare services
to Jefferson County. This special assessment payment is per a 2012 lGA between Arvada,
Golden, Lakewood, Westminster and Wheat Ridge. A copy of the 20l21GA is included as
Attachment 1. The total amount due to Foothills Animal Shelter is $43,477. This amount is
based on the dog population formula per the 2012 IGA Approval of this payment will fulfill the
City's obligation per the lGA.
PRIOR ACTION:
Funding for the special assessment was included in the 2016 budget adopted by City Council on
October 26,2015.
FINANCIAL IMPACT:
The 2016 budget includes a total of $43,477 to fund the special assessment. These funds are
budgeted in the Police Department Community Services Team program budget.
BACKGROUND:
F AS is the regional animal shelter providing animal welfare services to Jefferson County. The
Shelter was originally founded in 1976 and fonnerly known as Table Mountain Animal Center.
Construction oftbe current FAS facility located at the Jefferson County Fairgrounds was
completed in 2010 and funded with a mix of public and private funds. The facility is 33,000
square feet and approximately three times the size of the fonner Table Mountain building. In
Council Action Fom1 -F AS Special Assessment
January 25,2016
Page2
2009, the cities of Arvada, Golden, Lakewood. Westminster, and Jefferson County entered into a
Facilities Funding IGA.
F AS Operating Budget
In 2015, the Board of Directors developed a long-term financial sustainability plan that was
presented to city and county managers and elected officials. The plan is evaluated annually. The
plan included analysis of all revenue sources: earned in come, licensing. grants and contributions,
mi scellaneous income and interest. The Board also analyzed expenditures and developed a
financial outlook through 2022 as a roadmap for moving forward. In order to maintain current
levels of service and to di versify revenue, the financial outlook includes special assessments
(calculated by dog population) for each of the IGA entities.
The special assessment was developed to fill the gap between revenues and expenditures. The
assessment is designed to decrease in 2017 -2022 as the Shelter increases fundraising and
overall fmancial sustainability. The special assessment totals $750,000, which is divided among
the seven participating jurisdictions. A copy of the 2016 Shelter Operating Budget is included as
Attachment 2.
The 2016 adopted revenue for the Shelter budget is $3.6 million dollars. The special assessments
make up 20% of the total budgeted revenue. Revenue from grants and contributions is projected at
$700.000 or 19% of total revenue for 2016. The Shelter's goal is to exceed this projection. Dog
licensing revenue is approximately 26% of the total shelter revenue. Moving forward, the Board is
continuing to di versify and expand the revenue base through grants and contributions and to grow
U1e licensing program. The current IGA requires that the Shelter operate wi th an operating reserve
of 3% of total expenditures and a capital reserve of $500,000. The Board's goal is to build these
reserve levels back up through a combination of growing fund raising efforts, growing the dog
licensing program and minimal increases in operating expenses. The 2016 Adopted Budget total
expenditures are $3.3 million dollars, leaving $344,522 available to fund balance. A copy of the
dog li censing fee increase and special assessment PowerPoint (presented to City Council on April
20. 20 15) is included as Attachment 3.
Facility Debt Service
The City also budgets approximately $29,000 annually for a debt service payment per the 2012
IGA payable to Jefferson County.
Services Provided by F AS Shelter
FAS exists to provide animal welfare services to the local jurisdictions within Jeffco. The
fo llowing direct services are provided by the shelter to the Wheat Ridge community:
• Impound facility for lost or stray animals
• Veterinary services for injured domestic anjmals (veterinarian on staff)
• Di sposal ofDOA animals (dead on arri val), domestic and wildlife
• Impounding and daily care of animals on police or court hold
Council Action Fonn -F AS Special Assessment
January 25,2016
Page 3
• Protective custody holds, (owners/caregivers involved in car accidents, fire, or medical
events, owner deceased, domestic violence victims. etc.) FAS wa ives fees and daily care
costs for I 0 days
• Evictions
• Low-cost veterinary clinics available to U1e public (spay/neuter, vaccinations and dog licensing)
Service Type: 2012 2013 2014 2015
Dogs 148 194 177 143
Cats 69 83 81 88
Other small an imal impounds 1 1 13 25 60
DOA wildlife animals/disposal LSI 192 175 113
Dog Licensing Fee Background
ln 20 15, the Jeffco Board of County Commissioners approved a flat $20 licensing fee. Revenue
generated from the dog licensing program directly benefits the operations of the Shelter. In 2016,
licensing revenue is projected at $960,000 or 26% of Shelter revenue.
Dog Licensing Program History
Operations of the F AS have traditionally been partially funded through annual assessments to
Jefferson County and the cities in the county, based on dog population. TI1e City's annual assessment
is approximately $30,000. Beginni ng in 2007, dog licensing became mandatory throughout Jefferson
County (prior to that time, it was available but optional). The fees were set at $15 annually for altered
(spayed/neutered) dogs and $30 fo r unaltered dogs. ln 2007, the County and the cities in Jeffco
anticipated that a new arumal shelter would be built and the revenue from dog licensing would be used
to help pay for the new shelter. TI1e new shelter was completed in 2010 and is three times as large and
therefore three times as expensive to operate. As a result, the Board made the following changes:
• Redirected the annual assessments, paid by each entity, to the annual debt service on the new
facility
• Directed aU licensing revenues to F AS to be used to support shelter operations
• Assigned administration of the dog licensing program, fonnerly administered by the County,
to FAS in 2012
Over time, it has become apparent that while compliance with dog licensin g has increased
(although fewer than 25% of dogs within the County are li censed), the revenue generated has not
been sufficient to sustain the increasing costs of the licensing program and shelter operations.
The dog license fees have remained tlle same since 2007 while U1e costs of administering the
program and tlle demands for service have increased . Therefore, the Board recommended
increasing the dog licensing fee, and continuing to work toward increasing compliance in
licensing. The Board also detennined tllat there was not a legitimate basis for a fee differential
between altered and unaltered dogs. TI1e Shelter Board recommended an annual flat license fee
of $20 for both altered and unaltered dogs. The Board and Shelter staff made a presentation to
U1e city and county managers on the long-term fi scal health of the Shelter, which included
revenue and expenditure projections. The manager's group was supportive ofU1e increase.
Council Action Form -F AS Special Assessment
January 25, 2016
Page4
RECOMMENDATIONS:
Staff recommends that City Council approve the payment of$43,477 to Foothi lls Animal Shelter
for operational support in 2016.
RECOMMENDED MOTION:
"I move to approve the $43,477 payment to Foothills Anjmal Shelter for a special assessment to
support shelter operations.''
Or.
"I move to deny approval of the $43,477 payment to Foothills Animal Shelter for a special
assessment to support shelter operations "
REPORT PREPARED/REVIEWED BY :
Heather Geyer, Administrative Services Director
Patrick Goff, City Manager
ATTACHMENTS:
I) 2012 Intergovernmental Agreement (IGA)
2) 2016 Foothills Animal Shelter Operating Budget
3) April 20, 2015 Presentation to Cit y Council on License Fee Changes
INTERGOVERNMENTAL AGREEMENT
BE1WEEN JEFFERSON COUNTY. THE CITY OF ARVADA. THE CITY OF
LAKEWOOD, THE CITY OF WHEAT RIDGE, THE CITY OF GOLDEN AND
THE CITY OF WESTMINSTER
ANIMAL SHEL TERIDOG LICENSING /FUNDING
THIS AGREEMENT, dated for reference purposes only this 15th day of August, 2012,
is made and entered into by and between the COUNTY OF JEFFERSON, STATE OF
COLORADO, a body politic andcorporate (the "County"); the CITY OF ARVADA, a
municipal corporation ("Arvada"); the CITY OF LAKEWOOD, a municipal corporation
("Lakewood"); the CITY OF WHEAT RIDGE, a municipal corporation ("Wheat Ridge"); and
the CITY OF GOLDEN, a municipal corporation ("Golden"); and the CITY OF
WESTMINSTER, a municipal corporation ("Westminster").
WITNESSETH
WHEREAS, C.R.S. Section 30-15-101 ( l) authorizes the board of county commissioners
of each county to establish an animal holding facility and engage personnel to operate it, provide
for the impoundment of animals, and to establish terms and conditions for the release or other
disposition of impounded animals; and
WHEREAS, C.R.S. Section 30-15-101 (2) authorizes counties and municipalities to enter
into an intergovernmental agreement to provide for the control, licensing, impounding, or
disposition of pet animals or to provide for the accomplishment of any other aspect of a county
or municipal dog control or pet animal control licensing resolution or ordinance; and
WHEREAS, C.R.S. Section 31-15-40 I (m)(I) authorizes municipalities to regulate and
control animals within the municipality including, but not limited to, licensing, impoundment,
and disposition of impounded animals; and
WHEREAS, Part 2 of Article 1 of Title 29, C.R.S. pennits and encourages governments
to make the most efficient and effective use of their powers and responsibilities by cooperating
and contracting with other governments; and
WHEREAS, Part 2 of Article I of Title 29, C.R.S. authorizes governments to contract
with one another to provide any function, service, or facility lawfully authorized to each of the
contracting units through the establishment of a separate legal entity; and
WHEREAS, pursuant to C.R.S. Section 30-11-1 07( I) tbe parties are authorized to enter
into agreements for the joint use and occupation of public buildings; and
WHEREAS, some of the parties entered into an Intergovernmental Agreement forming
the separate legal entity called the Jefferson Animal Shelter on March 15, 1975 and this
Intergovernmental Agreement was amended several times to modify the terms and add parties to
the agreement; and
Attachment 1
WHEREAS, the Towns of Morrison and Mountain View are no longer participating in
the operation or funding of the Jefferson Animal Shelter; and
WHEREAS, the parties entered into an Intergovernmental Agreement creating a County-
Wide Dog Licensing Program ("Dog Licensing Program") which provided that the revenue
from the Dog Licensing Program would be used to construct a new animal shelter facility due to
the deterioration of the prior facility; and
WHEREAS, the County funded the construction of a new animal shelter facility
("Facility") by 1) issuing Certificates of Participation ("COPs") which included the amount of
5.2 million dollars for construction of the Animal Shelter Facility; 2) contributing 3 million
dollars; and 3) contributing an additional 1.5 million dollars pursuant to the terms of an
Intergovernmental Agreement between some of the parties (the "Facility Funding IGA") which
provided that the participating cities would repay the County (unless the County is repaid by the
Foothills Animal Foundation )at the end of a five year period ending on January I, 2015; and
WHEREAS, the parties desire to amend the prior agreements for formation of the
Shelter and the Dog Licensing Program to provide for the parties to no longer pay annual
assessments for the operation of the Shelter, to instead use the revenue from the Dog Licensing
Program for the operation of the Shelter and to provide for repayment of the COPs and the $1 .5
million dollar contribution; and
WHEREAS, the parties agree that each party and its residents should contribute toward
the funding for the cost of capital construction of the Facility and the operation of a central
animal shelter in equal proportion to the estimated number of dogs in their jurisdiction; and
WHEREAS, it continues to be in the best interest of all of the above-referenced parties
to participate in the organization, administration, and common use of a central animal shelter and
to amend the prior agreements for continued operation of the central animal shelter and the Dog
Licensing Program and the Facility Funding lOA as set forth herein; and
WHEREAS, the City of Edgewater ("Edgewater") may desire to become a party to this
Agreement after adoption of a dog licensing ordinance in compliance with the terms of this
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreement of the
parties hereinafter contained, the receipt and sufficiency of which are hereby confessed, it is
understood and agreed as follows:
PART 1. FOOTHILLS ANIMAL SHELTER FORMATION AND OPERATION
I. GENERAL PROVISIONS
A. EST ABUSHMENT OF FOOTHILLS ANIMAL SHELTER. The parties
previously established a separate legal entity called the Jefferson Animal Shelter and then
2
renamed the entity the Table Mountain Animal Center. The parties hereby reaffirm the
establishment of the separate legal entity which shall be known as the "Foothills Animal Shelter"
(the "Shelter,) and which shall be responsible for the administration and operation ofthe animal
shelter and the Facility.
B. LEASE OF SHELTER. The Shelter entered into a lease with the County for the
new Facility located at 580 Mcintyre Street, Golden CO 8040 I pursuant to a Lease Agreement
effective on August 9, 20 l 0 (the "Lease Agreement"). The Shelter, for the purpose of,
organizing, administering, and operating the central animal facility on the land so leased, will
improve, maintain, and operate the Facility as provided herein and as provided in the Lease
Agreement.
n. POWERS OF THE SHELTER
A. GENERAL POWERS. The parties hereto agree the Shelter shalJ be empowered
with the authority to improve, construct, maintain, repair, control, regulate, and operate the
Facility within Jefferson County, Colorado, as a complete animal shelter for the use and benefit
of the parties to this Agreement and their constituents.
B. POWER TO SHELTER ANIMALS AND PROVIDE EDUCATIONAL
PROGRAMS. The principal purposes ofthe Shelter are (l) to retain in temporary custody and to
provide for the subsequent adoption or disposition of animals taken into possession by the
respective governing bodies or animals tendered to the Shelter by residents of the respective
governing bodies, and (2) to provide educational, volunteer and related programs to individuals
and the community to promote responsible pet ownership. As used herein, the tenn "animals"
shatJ include, but is not necessarily limited to, dogs, cats, cattle, horses, and all other domestic or
wild animals of any kind or description.
C. The Shelter shall have the power to contract with other governing bodies who are
not parties to this Agreement to provide the same temporary custody, adoption or disposition
services provided for the parties.
D. POWER TO ESTABLISH CLINICS FOR ANIMAL WELFARE PURPOSES.
In addition to providing temporary custody for said animals, the Shelter shall have the authority
to establish a clinic for the purpose of spaying and neutering animals, or any other animal
welfare related purposes as deemed appropriate by the governing Board of Directors (the
"Shelter Board").
E. POWER TO MAKE CONTRACTS, HIRE, AND FIRE. The parties hereto
further agree the Shelter shall have the authority to contract and purchase all necessary supplies,
equipment, materials, and services, including professional services, and further to hire and
discharge employees as deemed necessary to operate the Shelter.
F. POWER TO SET FEES. The fees to be charged for services shall be established
by the Shelter Board, shall be uniform and reasonable, and shalJ supersede any fees previously
3
established by the respective governmental bodies. Fees for services provided to governing
bodies who are not parties to this Agreement and their residents shall be set by the Shelter Board
and shall be set to include the costs for operation and maintenance of the Shelter and capital
costs ofthe Facility.
G. POWER TO LEASE PROPERTY. The parties hereto agree the Shelter is
empowered to negotiate and enter into a lease of the Facility which is suitable for an animal
facility and additional property if necessary.
m. BOARD OF DIRECTORS
A. POWERS. All powers, privileges and duties vested in the Shelter shall be
exercised and performed by and through the Shelter Board. Only parties to this Agreement shall
be entitled to appoint a Director to serve on the Shelter Board.
B. APPOINTMENTS. Each party shall designate and appoint one Director to serve
on the Shelter board. Each Director shall be in regular attendance and participate in Shelter
meetings and activities. Each Director shall serve in accordance with the terms and conditions
set forth by the party that appointed the Director. Each party may also appoint an alternate board
member. The current Directors for the existing animal shelter appointed by the parties shall
continue to serve as Directors on the Foothills Animal Shelter Board after execution of this
Agreement unless any Director is removed by the party who appointed the Director.
C. ELECTION OF OFFICERS. At the annual meeting of the Shelter Board, the
Shelter Board shall elect from its membership a President, a Vice President (and President pro
tern), a Secretary and a Treasurer, who will assume their office at the annual meeting. These
officers shall serve until their successors have been elected. The officers shall be elected by an
affirmative vote of at least a majority of the Shelter Board
D. BYLAWS AND POLIClES AND PROCEDURES. The Shelter Board shall have
the power to promulgate bylaws and policies and procedures which shall establish the
organizational rules and policies and procedures for the management and operation of the
Shelter.
IV. CAPITAL IMPROVEMENT FUND
The Shelter shall establish a capital improvement fund equal to a minimum of Five
Hundred Thousand Dollars ($500,000) ("Minimum Threshold") using the surplus revenues
generated by either the operation of the Shelter or the Dog Licensing Program or by funds
transferred from the Foothills Animal Foundation, a Colorado non-profit corporation (the
"Foundation"). The uses to which said fund may be put include, but are not necessarily limited
to, replacement of capital equipment, procurement of new capital equipment, and improvement
or expansion of the Facility. If funds are used from the capital improvement fund, the capital
improvement fund shall be returned to the Minimum Threshold as soon as funds become
available but within no more than a two year period from the date the fund fell below the
4
Minimum Threshold. The Shelter Board may adjust the Minimum Threshold above $500,000 on
an annual basis if approved by a two-thirds vote ofthe Directors. Any adjustment ofthe
Minimum Threshold below $500,000 shall only occur by amendment to this Agreement.
V. CONTINGENCY/EMERGENCY FUND ESTABLISHED
The Shelter shall establish a contingency/emergency fund with a minimum of three
months of operating expenses as calculated from the prior year ( .. Minimum Balance"). The
money for said fund may be generated from transfers from impoundment, boarding and adoption
fees, investment income, donations, grants or other incidental sources of revenue. Said
contingency fund shall be used to defray the costs of unanticipated operating expense shortfall.
If funds are used from the contingency emergency fund, the contingency/emergency fund shall
be returned to the Minimum Balance as soon as funds become available but within no more than
a two year period from the date the fund fell below the Minimum Balance.
VI. BUDGET
A. BUDGET PROCESS. Each year, the Shelter shall prepare a preliminary budget
and submit said budget to the Shelter Board. The budget shall contain detailed estimates of the
operating costs of the subsequent year. The preliminary budget shall be approved by the Shelter
Board on or before September 30th of each year. The approved preliminary budget shall be
submitted to each of the governing bodies of the parties hereto as soon thereafter as possible.
B. The final budget shall then be approved by the Shelter Board and certified by the
secretary and treasurer of the Shelter Board. A final budget shall be submitted to each ofthe
governing bodies of the parties no later than December 15th of each year that this Agreement is
in effect.
VD. FUNDS AND OPERATIONS
A. DESIGNATION OF FUNDS. The Shelter and parties agree that the various
monies paid to the Shelter from the Dog Licensing Program or any other source, and any monies
generated by the Shelter, shall be placed into a designated fund, and any expenses incurred by
reason of operation of the Shelter shall be paid from said fund.
B. CHOICE OF DEPOSITORY. All monies belonging to the Shelter or designated
for use by the Shelter shall be deposited in the name and to the credit of the Shelter with such
depositories as the Shelter shall from time to time designate.
C. DISBURSEMENT OF FUNDS. The Shelter Board will establish a written policy
for the internal control and monitoring of the expenditure of funds by the Shelter and the type or
method of payment used by the Shelter. The written policy established by the Shelter Board
shall ensure that the Shelter Board is able to monitor aU expenditures by the Shelter.
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D. FISCAL RESPONSlBILITY. The Shelter shall not borrow money nor shall it
approve any claims or incur any obligations for expenditures unless there is sufficient
unencumbered cash in the appropriate fund, credited to the Shelter, with which to pay the same.
The provisions and terms set forth in Part 3 of this Agreement shall not be considered debt of the
Shelter.
VIII. BOOKS AND RECORDS
A. RECORD KEEPING. The Shelter shall maintain adequate and correct accounts
of its funds, properties, and business transactions, which accounts shall be open to inspection at
any reasonable time by the parties hereto, their attorneys, or their agents.
B. ANNUAL AUDIT. The Shelter shall cause to be conducted an annual audit
within 90 days after the end of the fiscal year. The Shelter fiscal year shall be from January 1st to
December 31 51
• Such audit shall be conducted by an independent certified public accountant,
registered accountant, or partnership, or certified public accountants, or registered accountants
licensed to practice in the State of Colorado. The Shelter shall tender a copy of said audit to the
governing bodies of the respective parties hereto.
IX. REPORTS
A. ANNUAL REPORT. By June 1st of each year the Shelter shall prepare a
comprehensive annual report of the Shelter's activities and finances during the preceding year
and tender a copy of the annual report to the governing bodies of the respective parties hereto.
B. REPORTS REQUIRED BY LAW, REGULATION OR CONTRACT. The
Shelter shall also prepare and present such reports as may be required by law, regulation, or
contract to any authorized federal, state, and/or local officials to whom such report is required to
be made in the course and operation of the Shelter.
C. REPORTS REQUESTED BY THE PARTIES. The Shelter shall also render to
the parties hereto, at reasonable intervals, such reports and accountings as the parties hereto may
from time to time request.
PART 2. COUNTY WIDE LICENSING PROGRAM/FUNDING FOR SIIEL TER
I. COUNTY-WIDE LICENSING PROGRAM
A. ORDINANCE ADOPTION. Each party shall adopt or has already adopted an
ordinance which establishes a dog licensing program and penalties within its jurisdiction. The
dog licensing ordinances adopted by the parties shall be consistent with the County ordinance
concerning licensing of dogs and License fees; however, each party has discretion to adopt its
own penalties.
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B. ENFORCEMENT. Each party shall be responsible for enforcement of the
penalties for its dog licensing ordinance within their own jurisdiction. Each party agrees to
actively pursue enforcement of said ordinance.
C. LICENSING ADMINISTRATOR DEFINED. The Licensing Administrator is
the entity delegated the authority by the parties to issue licenses and collect fees for said dog
licenses on behalf of all parties.
D. DELEGATION OF AUTHORITY. The parties hereby have delegated authority
to the County to be the Licensing Administrator to issue licenses and collect fees for said dog
licenses on behalf of all parties. A new Licensing Administrator may be appointed by written
approval of the Shelter Board. If the Licensing Administrator appointed is not a party, the
Shelter Board shall enter into an agreement with the entity chosen to be the Licensing
Administrator to bind the new Licensing Administrator to the terms of this Agreement and any
other terms deemed necessa.ry by the Shelter Board
E. DOG LICENSES. The dog licenses shall all be identified as "County Dog
Licenses."
II. FUNDS AND OPERATIONS
A. DESIGNATION OF FUNDS. The Licensing Administrator agrees that all
monies paid to the Licensing Administrator for the licensing of dogs within the jurisdictions of
all parties, shall be placed into a designated fund (the "Dog Licensing Fund") except the funds
due to the Licensing Administrator as provided in Part 2, Article II, Section B and the funds
withdrawn or retained by the County pursuant to Part 2, Article II, Section C.
B. LICENSING ADMINlSTRA TOR'S ADMINISTRATIVE COSTS. On August
1 51 of each year this Agreement is in effect, the Licensing Administrator shall provide each party
with a statement of the Licensing Administrator's administrative costs directly attributable to the
operation ofthe Dog Licensing Program from July ls1 through June 30th of each year, and the
projected administrative costs for the upcoming year. The Licensing Administrator shall retain
the amount of the Licensing Administrator's administrative costs from the Dog Licensing
Program revenue on a monthly basis. The Licensing Administrator shall be entitled to payment
for the cost of, at a maximum, two full time employees including salary, benefits and overhead.
The Licensing Administrator employee positions shall be Administrative Specialist I or II
positions as currently defined by the County or equivalent positions. Any future staffing needs,
beyond those currently listed above, require approval of the Shelter Board. The Licensing
Administrator shall also be entitled to the cost of tags, mailers (for new tags and renewals),
postage, printing, maintenance/updates of dog licensing software and miscellaneous office
supplies, and any other costs directly attnbutable to the operation of the Dog Licensing Program.
C. DISBURSEMENT OF FUNDS FOR 20 L2. The parties have each paid an
assessment to the Shelter for the 2012 Budget Year as a contribution to the operating costs and
capital improvement costs of the Shelter. The County, as the current Licensing Administrator
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shaJI withdraw funds from the Dog Licensing Fund to pay that portion of the debt service on the
COPs for 2012 attributable to the portion of those proceeds used to fund the construction of the
Facility. The County. as the current Licensing Administrator, shall retain funds in the Dog
Licensing Fund to pay the County's estimated administrative costs and expenses for acting as the
Licensing Administrator through December 31, 2012. The remainder of the funds in the Dog
Licensing Fund shall be paid over to the Shelter to be used first to meet the requirements for
funding the Capital Improvements Fund and Contingency/Emergency Fund and the remainder
shall be allocated as determined by the Shelter Board.
D. DISBURSEMENT OF FUNDS AFTER 2012. Except for the funds retained by
the Licensing Administrator each month for its administrative costs and expenses as provided in
Part 2, Article 11, Section B, the funds contained in the Dog Licensinf Fund shall be paid to the
Shelter by the Licensing Administrator on a monthly basis on the lot of the following month as
a contribution from the parties toward the operating costs of the Shelter or capital improvements
or maintenance costs of the Shelter as approved by the Shelter Board.
UJ. BOOKS AND RECORDS
RECORD KEEPING. The Licensing Administrator shall maintain adequate and correct
accounts of the funds, which accounts shall be open to inspection at any reasonable time by the
parties hereto, their attorneys, or their agents.
JV. REPORTS
A. DEFTN ITIONS.
1. Reporting Period shall mean the period between July I 51 to June 30th of
each subsequent year.
2. Jurisdiction -The Jurisdiction of each party who is a city shall mean the
area within its municipal boundaries. For Westminster and Arvada Jurisdiction shall include the
area within their municipal boundaries that is within Adams County and Jefferson County. The
Jurisdiction for the County shall be the unincorporated area of the County.
3. Estimated Dog Population for a party shall mean:
a. the estimated percentage gf Colorado households harboring one or
more dogs, obtained from the most current data published by the
American Veterinary Medical Association (the "Source"); multiplied
by
b. the number of households in a party's Jurisdiction, as reported in the
most current publication by the State Demographer's Office;
multiplied by
c. the average number of dogs per household for each household with a
dog, obtained from the most current Source using the data for
Colorado.
8
4. Compliance Rate shall mean the rate calculated by dividing
a. the number of licenses issued for dogs residing in a party·s
Jurisdiction during a one year Reporting Period by
b. the Estimated Dog Population in each party's Jurisdiction for the
same Reporting Period.
B. ANNUAL REPORT. By August 1st of each year, the Licensing Administrator shall
prepare and present to the Shelter Board an annual report of the number of dogs licensed during the
prior year in each party's Jurisdiction, the estimated household population of each party's
Jurisdiction as reported in the most current publication by the State Demographer's Office, the
Compliance Rate for each party's Jurisdiction and the funds collected during the prior year.
C. REPORTS REQUESTED BY THE PARTIES. The Licensing Administrator
shall also render to the parties hereto, at reasonable intervals, such reports and accountings as the
parties hereto may from time to time request.
V. REVIEW OF REVENUES AND JURISDICTION COMPLIANCE
A. REVIEW OF REVENUES AND COMPLIANCE BY JURISDICTION. If during
the reporting period ending June 30, 2012, there is less than twenty per cent (20%) compliance
by the residents in a party's Jurisdiction, the respective party shall pay to the Licensing
Administrator for placement in the Dog Licensing Fund an amount equal to the difference
between the funds that the Dog Licensing Fund would have received if there was twenty per cent
{20%) compliance at the spayed dog licensing rate and the amount of dog license fees actually
collected from the residents of that party's Jurisdiction.
The twenty percent (20%) Compliance Rates set forth above shall be defined as the
Minimum Compliance Rate for the reporting period ending June 30, 2012. When the annual
report is distributed at the end of the next reporting period and every year thereafter, a new
Minimum Compliance Rate shall be set for the following year if the Minimum Compliance Rate
was exceeded by all the parties. If all the parties' Jurisdictions exceed the Minimum Compliance
Rate according to the annual repo~ the new Minimum Compliance Rate for the following year
shall be the Compliance Rate of the party with the lowest Compliance Rate. If any party's
Jurisdiction fails to meet the Minimum Compliance Rate set for a reporting period, the party
shall pay to the Licensing Administrator for placement in the Dog Licensing Fund an amoWlt
equal to the difference between the funds that the Dog Licensing Fund would have received if
the Minimum Compliance Rate was met at the spayed dog licensing rate, and the amount of dog
license fees actually collected from the residents of that party's Jurisdiction.
B. APPROPRIATION AND PAYMENT OF FUNDS. The parties agree to pay the
amounts set forth in Part 2, Article V, Section A, to the Licensing Administrator for placement in
the Dog Licensing Fund by January 31st ofthe year following which the Annual Report
determined a party failed to meet the Minimum Compliance Rate, provided, however, that all
payments by the parties to the Dog Licensing Fund pursuant to this Agreement are subject to
9
annual appropriation by the parties hereto in the manner required by statute. It is the intention of
the parties that no multiple-year fiscal debt or other obligation be created by this Agreement.
PART 3. REPAYMENT OF DEBT SERVICE FOR CONSTRUCTION OF FACILITY
I. BASIS FOR DOG POPULATION
A. BASIS FOR DOG POPULATION. The basis for the dog population calculation
shall be based upon the Colorado data from the most current Source. Whenever the dog
population is needed for computations under this Agreement, the figure used shall be the most
recent available at the time such figure is needed, unless otherwise specified herein.
B. DEFIN JTIONS. The definitions for Jurisdiction, Reporting Period and Estimated
Dog Population are set forth in Part 2, Article IV.
U. CONTRIBUTIONS TO DEBT SERVJCE FOR COST OF CONSTRUCTING FACILITY
A. CONTRIBUTIONS OF THE PARTlES FOR DEBT SERVICE ON COPS. $5.2
million dollars of the proceeds from the COPs issued by the County were used to partially pay
the cost for construction of the Facility. The parties agree that each municipal party shall
annually pay an assessment to the County to repay that portion of the debt service on the COPs
attributable to the portion ofthe proceeds used to fund the construction of the Facility {the
"Facility Debt Service") until the COPs are defeased. The Facility Debt Service Schedule is
attached hereto as Exhibit A but such schedule may be modified if the COPs are refinanced as
provided herein. The schedule may also be modified to allow for prepayments or other events as
deemed appropriate by all the parties. Each party's annual repayment will be determined as
follows:
I. Calculation for the Annual Assessment
a. Determine the Estimated Dog Population for each party's Jurisdiction
as of June 30th of each year.
c. b. Add the Estimated Dog Population for all the parties together to
determine the Total Dog Population. Detennine what percentage each
party's Estimated Dog Population is compared to the Total Dog
Population for all of the parties' Jurisdictions combined ("Dog
Population Percentage").
Each municipal party shall pay the County a portion of the Facility Debt Service equal to
that municipal party's Dog Population Percentage.
B. ANNUAL DEBT SERVICE STATEMENT AND INVOICE FOR COPS. By
August I st of each year, the County shall prepare and present to the Shelter Board and the
governing bodies of the parties a statement and invoice of the Facility Debt Service due from
January 1 to December 31 for the upcoming year, each party's Dog Population Percentage and
the total dollar amount due from each party for its portion of the Facility Debt Service.
lO
C. PAYMENT FOR FACILITY FUNDfNG IGA. Pursuant to the terms ofthe
Facility Funding IGA, the County shall provide the parties with a report each year stating the
amount received each year and the balance owing. Section l.D. of the Facility Funding lGA
shall be amended to provide that the final payment on the remaining balance is due on January I,
2015 and shall be divided equally between Arvada, Lakewood, Wheat Ridge, Golden and
Westminster. The municipal parties shaH make their fmal payments to the County no later than
January 31 , 2015. To the extent the Facility Funding IGA provides that the County is solely
responsible for the Facility Debt Service on COPs, the Facility Funding IGA is amended in this
Agreement to require participation of all the municipal parties and the County in the payment of
the Facility Debt Service in the manner provided herein.
D. APPROPRIATION AND PAYMENT OF FUNDS. The parties agree to consider
for appropriation the amounts computed as set forth above by the first day of January of the year
during which said monies are to be paid to the County. The parties agree to pay the amounts for
the Facility Debt Service to the County by January 3 1st of the year during which said monies are
to be paid by the County for the debt service. All payments to the County pursuant to this
Agreement are subject to annual appropriation by both the County and each municipal party
hereto in the manner required by statute. It is the intention of the parties that no multiple-year
fiscal debt or other obligation be created by this Agreement.
E. REPORTS REQUESTED BY THE PARTIES. The County shall also render to
the other parties hereto, at reasonable intervals, such reports and accountings as the parties hereto
may from time to time request.
F. REFfNANCrNG. The County shaH have the right to refinance the debt on the
COPs if deemed beneficial to the County so long as the amount owed by the municipal parties
for debt service does not increase due to the refinancing.
PART4. GENEBALCONTRACTTERMS
I. DEFAULT IN PERFORMANCE
A. Ln the event any party fails to make the payments to the Licensing Administrator
when due as provided by Part 2, Article V, or payments to the County as provided in Part 3 or to
perform any of its covenants and undertakings under this Agreement, the County or any other
party shall cause written notice to be given to the governing body of the defaulting party of the
termination of the party's participation in the Agreement, unless such default is cured within
thirty (30) days from the date of such notice. Upon failure to cure said default within said thirty
(30) day period, membership in the Shelter of the defaulting party shaJJ thereupon terminate, and
said defaulting party shall thereafter have no voting rights as a member of the Shelter at any
regular or special meeting thereto, nor be entitled to representation on the Shelter Board, and said
defaulting party shall thereafter be denied service by the Shelter. Further, the Licensing
Administrator shall no longer provide licensing services to said defaulting party. The defaulting
party whose participation is terminated under this section of this Agreement shall forfeit all right,
title, and interest in and to any funds in the Dog Licensing Fund or any right, title or interest in
11
and to any property of the Shelter to which said party may otherwise be entitled upon the
dissolution ofthis Agreement. lfa party is in default of this Agreement for any reason other than
nonappropriation of funds for payment of an assessment to the County or payment to the
Licensing Administrator for placement in the Dog Licensing Fund, tennination of the defaulting
party's participation in the Agreement shall not relieve the defaulting party of the obligation to
make the payments to the County as provided in Part 3 or the Licensing Administrator for
placement in the Dog Licensing Fund as provided in Part 2, Article V that were due prior to the
defaulting party's termination. This Section is not intended to limit the right of any party under
this Agreement to pursue any or all other remedies it may have for breach of this Agreement. A
party who fails to make the payments required by Part 2 or 3 for any reason other than
nonappropriation of funds shall be obligated to pay all costs of collection of said payment,
including reasonable attorneys' fees. A municipal party who fails to make the payments for any
reason other than nonappropriation of funds shall be obligated to pay interest at a default rate of
10% plus aU costs of collection of said payment, including reasonable attorneys' fees.
B. PAYMENT DEFAULT/ COPs. In the event any municipal party fails to make
the payments to the County when due other than for non appropriation as set forth in Part 3
Section D that municipal party shall be in default. In the event of a payment default or non
appropriation by any of the municipal parties, the remaining municipal parties and County shall
be responsible for the debt service amount owed by the defaulting or non appropriating
municipal party or parties in the same ratio calculation set forth in Part 3 except the ratio shall be
calculated without the defaulting party or parties inclusion in the ratio.
C. PAYMENT DEFAULT/ $1.5 MILLION. Ln the event Arvada, Lakew~ Wheat
Ridge, Golden or Westminster fails to make the payments to the County when due other than for
non-appropriation as set forth in Part 3 Section C the municipal party who fails to make a timely
payment shall be in default. ln the event of a payment default or non appropriation by Arvada,
Lakewood, Wheat Ridge, Golden or Westminster, the remaining municipal parties shall be
responsible for the debt service amount owed by the defaulting or non appropriating municipal
parties as provided in the Facility Funding IGA.
D. TERM. RENEWAL AND TERMINATION OF AGREEMENT
A. TERM AND RENEWAL OF AGREEMENT. This Agreement shall be in full
force and effect for a term of 50 years from July 1, 2012 or until sooner terminated by two-thirds
of the parties hereto, and the parties entering into this Agreement shall have the option to extend
this Agreement by amending this Agreement pursuant to Part 4, Section Ill.
B. CONTINUATION OF SHELTER OPERA TlON/FEES FOR NON-P ARTLES.
AU property and animals shall remain in the Shelter under the terms of this new Agreement
Entities not parties to this Agreement who have animals at the Shelter that were placed at the
Shelter by the entity or residents living within the boundaries of the entity on effective date of
this Agreement shall pay a fee as set by the Shelter Board which may be per animal per day as
long as said animal remains at the Shelter.
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C. TERMINATION BY WRITrEN NOTICE. Thls Agreement, or any party's
participation in this Agreement, may be terminated effective by written notice from the party or
parties to the Shelter at least 180 days prior to January I st of any given year. Any party
terminating its participation pursuant to this provision shall not be entitled to any reimbursement
for said parties' contributions to the County, the Shelter or the Licensing Administrator for
capital costs, assessments or any operating costs previously paid by said party or any dog
licensing fees previously paid by its residents. Such party shall be entitled to be readmitted to
the membership of the Shelter if approved by the Shelter Board and if the terminated party has
paid all dollar amounts the terminated party is in arrears under the terms of this Agreement.
D. TERMINATION WITHOUT REQUIRED NOTICE. In the event that any party
hereto elects to terminate its participation in this Agreement prior to the end of any period of this
Agreement and not in accordance with subsection C of this section, such party shall be
considered in default of this Agreement and accordingly shall forfeit its entire contribution to the
Shelter. Upon default, the defaulting party shall forfeit all privileges and property that such party
obtained as a result of its membership in this Shelter. Should a defaulting party, at some later
date, seek readmission to the membership of the Shelter, such party shall be required to meet the
requirements and contributions of any new party seeking membership pursuant to the terms of
this Agreement.
E. POWERS OF SHELTER UPON TERMINATION BY TWO-THIRDS. Upon
termination by mutual agreement of two-thirds of the parties to this Agreement, the powers
granted to the Shelter under this Agreement shall continue to the extent necessary to make an
effective disposition of the property, equipment, and animals under this Agreement. If the
Agreement is terminated the Shelter and the County shall cause the Lease Agreement with the
County to be terminated.
F. STATUS OF LEASED PREMISES UPON TERMINATION BY TWO-THIRDS/
PAYMENT OF SHELTER LIABILITIES. Upon termination of this Agreement by mutual
agreement of two-thirds of the parties hereto, the Lease Agreement shall terminate in accordance
with its terms and improvements thereon located in Jefferson County, shall revert to Jefferson
County for its use and ownership. Any cost for liabilities incurred by the Shelter during the
term.ination of this Agreement and as an expense of termination shall be borne by each party to
the Agreement in the same proportion as it is required to contribute to the assessments in Part 3
Section II, whether such assessments have terminated or not except, if the debt service on the
COPs is not fully paid, the County shall not pay any part of the remaining Shelter liability and
the proportion of each municipal party shall be adjusted to pay the full amount of the Shelter
liability without the County participation.
G. TERMINATION FOR REASON OTHER THAN NONAPPROPRlATION.
Termination ofthe Agreement for any reason other than nonappropriation of funds shall not
relieve the terminating party of the obligation to make the payments to the Licensing
Administrator as provided in Part 2 or pay the party's assessment to the County as provided in
Part 3.
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H. DISBURSEMENT OF FUND UPON TERMINATION. lfthis Agreement is
terminated, the Licensing Administrator shall first pay the County any monies it holds from the
dog licensing revenue, except its costs of administration prior to termination of the Agreement,
to pay the County for the cost of any remaining debt service on the COPs issued to pay for the
cost of constructing the Facility. The Shelter shall pay any funds it holds beyond its expenses
incurred prior to the termination of this Agreement to the County to cover any remaining cost of
the debt service on the COPs. This provision and the provisions of Part 2, Article II, Section B;
Part 2, Article V; Part 3, Article II; Part 4, Article I, Section A, Band C and Article ll., shall
survive termination of this Agreement.
Ill. AMENDMENT
This Agreement may be amended at any time in writing by agreement of all the parties to
this Agreement except that the Agreement may also be amended as set for the in Part 4, Section
X.
IV. SEVERABILITY CLAUSE
If any provisions of this Agreement or the application thereof to any party or
circumstances are held invalid, such invalidity shall not affect other provisions or applications of
the Agreement which can be given effect without the invalid provision or application, and to this
end, the provisions of the Agreement are declared to be severable.
V. COUNTERPARTS
This Agreement may be signed in counterparts, and each counterpart shall be deemed an
original, and all the counterparts taken as a whole shaH constitute one and the same instrument.
The Agreement shall not be effective until executed by all parties.
VI. NO THIRD PARTY BENEFICIARIES
Except as otherwise stated herein, this Agreement is intended to describe the rights and
responsibilities of and between the parties and is not intended to, and shaH not be deemed to,
confer rights upon any persons or entities not named as parties, limit in any way governmental
immunity and other limited liability statutes for the protection of the parties, nor limit the powers
and responsibilities of any other entity not a party hereto. Nothing contained herein shall be
deemed to create a partnership or joint venture between the parties with respect to the subject
matter hereof.
Vll. SUPERSEDES AND AMENDS PRIOR AGREEMENTS
This Agreement supersedes and replaces all prior agreements deaJing with fonnation of
the Shelter including but not limited to the Intergovernmental Agreement dated for reference
purposes only January 1, 1998, and the Intergovernmental Agreement for the County Wide
Licensing Program dated for reference purposes only June 20, 2007 and any amendments to
14
those agreements. The Facility Funding IGA shall remain in full force and effect except as
amended herein. To the extent Facility Funding IGA says the County is solely responsible for
the Facility Debt Service for the COPs the Facility Funding IGA is amended by Part 3 Article
II(C).
Vlll. NONDISCRIMINATORY POLICY
The Shelter shall make its services, facilities, and programs available to all persons
regardless of race, color, age, creed, national origin, sex, or disability.
IX. NO GENERAL OBLIGATION INDEBTEDNESS
Because this Agreement will extend beyond the current fiscal year, the parties understand
and intend that the obligation of the parties to pay any costs hereunder constitutes a current
expense of the parties payable exclusively from the parties' funds and shall not in any way be
construed to be a general obligation indebtedness of the parties within the meaning of any
provision of Article XI of the Colorado Constitution, or any other constitutional or statutory
indebtedness. None ofthe parties has pledged the full faith and credit of the state, or the parties
to the payment of the charges hereunder, and this Agreement shaH not directly or contingently
obligate the parties to apply money from, or levy or pledge any form of taxation to, the payment
of any costs.
X. JOINDER OF THE CITY OF EDGEWATER
All parties agree that the City of Edgewater ("Edgewater") may become a party to this
agreement by adopting a dog License ordinance in compliance with the terms of this Agreement
and Edgewater's properly executing this Agreement in counterpart. Upon Edgewater's
execution of a counterpart of this Agreement the parties and Edgewater agree that this
Agreement shall be deemed amended with Edgewater being deemed a party to this Agreement
and Edgewater being subject to all the terms and provisions of this Agreement except Edgewater
shall not be responsible for payment under the terms of the Facility Funding IGA without
amendment to the Facility Funding IGA as provided therein. Calculation for the Compliance
Rate for Edgewater shall be prorated for the first year from the date Edgewater executes the
Agreement until the following June 30th.
15
01-Jun-10
01-Dec-10
01-Jun-11
01-Dec-11
01-Jun-12
01 -Dec-12
01-Jun-13
01-Dec-13
01-Jun-ld
01-Dec-1 4
01-Jun-15
01-Dec 15
01-Jun-16
01-Dec-16
01 -Jun-17
01-Dec-17
01-Jun-1 8
01-Dec-1 8
01-Jun-19
01-Dec-19
01-Jun-20
01-Dec-20
01-Jun-21
01-Dec-21
01-Jun-22
01-Dec-22
01-Jun-23
01 Dec-23
01-Jun-24
01-Dec-24
01-Jun-25
01-Dec-25
01-Jun-26
01-Dec-26
01-Jun-27
01-Dec-27
01-Jun-28
01-Dec-28
01-Jun-29
01 -0ec-29
EXHIBIT A
JeHerson County
Certificates of Participation Series 2009
Animal Shelter Shore of Series 2009A BABs
5.200.<XXJ 00
Principal
239.208
2d<1,200
249.575
255.335
262.630
269.925
278.373
287.588
297.187
307.554
318.689
330.591
343.262
356.701
370.907
386.266
402.008 ---
S5.200.<XXJ
:=-::s.:::::
Debt Sefvice Schedule
Coupon
Rate
3.100%
3.:J<m.
3 7f:m.
4.200%
4.350%
4.QOO%
5.cxm.
5.1f:m.
5.350%
5 !il:m.
5.QOO%
5.QOO%
5QOO%
6.2f:m.
6.250%
6.2f:m.
6.250%
Interest
157.392.57
137,527.48
137.527.48
137.527.48
137.527,46
137.527.48
137.527.48
137.527.<18
133.819.75
133.819.75
129.790.45
129.790.45
125.11091
125.11091
119.748.88
119.748 88
11 4.036.68
11 4.036.68
107.423.50
107.423.50
100.464.19
100.464.19
93.058.80
93.058.80
85.109.06
85.109.06
76.651 .33
76.651.33
67.250.02
67.250.02
57.497 57
57,497.57
<17.371 33
47.371.33
36.224.<13
36.224.43
24.633 57
24.633.57
12562.76
12.562.76 ---
S3. 781.591 .39 ------------------------
Total
Disbursements
157.392.57
137.527.48
137.527.48
137.527.48
137.527 48
137.527.48
137.527.48
376.735.93
133.819 75
378.019 71
129.790.45
379.365.88
125.110.91
380.M5.77
119.748.88
382.37902
114.036.68
383.962.10
107,<123.50
385.796.09
100,<164.19
388,051 87
93.058.80
390.245.54
85.109.06
392.662.78
76.651.33
395.339.95
67.250.02
397,8<11.47
57.497.57
400.759.77
47.371 .33
<104.072.21
36.224.43
407.131.91
24.633.57
410.899.54
12.562.76
<114.571.18 ----sa. 981.591.39
=::::==--=--==
Annual
Disbursements
$294.920.05
275.05496
275.054.96
514.263.41
511.839.46
509.156.33
505.556.68
502.127.90
497.998.78
493.21959
488.516.06
483.304.34
477.771.8<1
471.991.28
465.091A9
458.257.3<1
451.<1<13.54
443.356.3<1
435.533.11
427.133 94 ---
$8.981.591 .39
===========
2016 Approved Budget
iNC OM£ 2 0 16 Budget
Total ~rned Income 1,119,JI50
Totill Licensing C)()o,ooo
Total Grants & Contributions 7 00 ,000
1700 Interest 500
Miscellaneous 10 ,000
Animal Relief Funds 1)0000
Special Assessments 750,000
TotAl ~~ ],~,HIJ
EXP£.l:!S.f
Total Salaries, Wages, Benefits, etc. 1,141,108
Total Addition;~ I Staff Costs 56,100
TotAl Volunteer Management 16,100
Total Professional Contract Services 108,8oo
Total Rl!gulatory Fees & Professional Memberships 4·005
Tot• I Pro_£erty MAimenance & Repairs 86.ooo
Total Utilities 107,8oo
Total Capital Improvements 15,000
Total Animal Care 131~SO
Total She her Admln & Operations 1)7,190
Tot .a I Marketing & Communicuions 1}0000
Totoal Fundraising 6,100
Total Licensing 1721175
TOTAL EXPENSES :~.)OI,Ial
REVENUE OVER EXPENSE 144~
Attachment 2
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$-
Current Financial Outlook.,Projected)
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Assessment
-Earned Income
-Grants/Contributions
-Licensing -current
-Licensing Fund Balance Transferred
-Operating Expenses
2
Growth in FAS Services
Growth
2009 2011 2014 2009 to 2014
Animal Saving Rate 74% 75% 92%
Intake 9,387 9,554 10,076 7·3%
Total Adoptions 3,694 3,88o 6,458 74·8%
Volunteer Hours 21,288 22,218 33,036 55·2%
3
Growth in FAS Financials
2009 2011 M!!4 Growth
Licensing N/A $232,000 $754,085
Grant/Contributions $324,603 $466,473 $659,338 103.1%
Earned lncome $640,175 $723,032 $1,141,327 78.3%
Assessments $470,023 $882,105 $0 -roo%
Total Revenue $1,434,871 $2,310,610 $2,554,750 78.o%
Operating Expense $1,410,774 $ 1,88sasr $ 3,082,022 n8.s%
No. ofFTEs 32·5 33·5 45·5 40%
Salaries, wages and benefits $ r,o56,949 $1,251,025 $2,002,661 89·5%
Animal Care & Professional
Services $ 216,336 $216,858 $314,520 45·4%
Licensing cost* N/A $120,750 $247,939
• zou Licensing cost from counry administration .
... Net licensing revenue was used for capital debt.
4
Financial Outlook with Increase in
Licensing Fees *(Projected)
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$-
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Assessment
-Earned Income
-Grants/Contributions
-Licensing -$20
-Licensing Fu nd Balance Transferred
-Operating Expenses
5
Assessment b Count
$250,000
$20 0,000 • Arvada
• Ed gewater
$150,000 • Golden
• Lakewood
$100,000 • W estminster
• Wheat Rid ge
$50,00 0 • Unincorpor ated
$-
2016 201 7 2018 20 1 9 2020 2021 2022 2023
-2016 2017 2018 2019 2020 2021 2022 2023
Arvada $ 130,193 $ 104,154 $ 95,475 $ 34,718 $ 30,378 $ 13,019 $ 4,340 $ -
Edgewater $ 7,086 $ 5,669 $ 5,196 $ 1,890 $ 1,653 $ 709 $ 236 $ -
Golden $ 22,856 $ 18,285 $ 16,761 $ 6,095 $ 5,333 $ 2,286 $ 762 $ -
lakewood $ 192,082 $ 153,666 $ 140,860 $ 51,222 $ 44,8.19 $ 19,208 $ 6,403 $ -
Westminster $ 128,240 $ 102,592 $ 94,042 $ 34,197 $ 29,923 $ 12,824 $ 4,275 $ -
Wheat Ridge $ 43,4n $ 34,782 $ 31,883 $ U,594 $ 10,145 $ 4,348 $ 1,449 $ -
Unincorporate $ 226,067 $ 180,853 $ 165,782 $ 60,284 $ 52,749 $ 22,607 $ 7,536 $ -
Total $ 750,000 $ 600,000 $ 550,000 $ 200,000 $ 175,000 $ 75,000 $ 25,000 $ -. -----
~~A., ... .,. City or :rwheatR.t_dge
ITEM NO: I]\_ I
DATE: January 25,2016
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO ACCEPT CONSTRUCTION EASEMENTS
FROM ADJACENT PROPERTY OWNERS FOR THE 2015
MISCELLANEOUS DRAINAGE PROJECT
D PUBLIC HEARING
~ BIDS/MOTIONS
D RESOLUTIONS
ISSUE:
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2No READING
D YES
City Manager
The existing stonn sewer pipes located on the slope above Creekside Park and downhill from the
46th A venue and Balsam Street neighborhood have been in place for many years. These two
outfalls were placed to convey the stormwater down the steep slope. The current pipes have
separated at the connections due to excessive forces exerted on the pipes by high velocity flows.
This issue also causes severe erosion that could lead to slope stability failure of the surrounding
area. This project will provide a new more durable pipe installation that wiU be secured with
heavier anchors and fused connections to handle the hydraulic loading along with energy
dissipaters to calm the turbulent flow down the steep slope and securely convey stonnwater from
the neighborhoods down the steep slopes.
The final design has been completed. All property owners have conveyed the necessary
easements to the City. The needed easements are for the Balsam Street location to access the
work area and also for the existin g underground pipe that extends from Balsam Street to the top
of the slope between 467 I and 4675 Balsam Street.
In order for construction to proceed, the acceptance of the easements needs to move forward
immediately.
Council Action Fonn -Acceptance of Easements
January 25,2016
Page2
PRIOR ACTION:
On December 14) 2015, the City Council approved a contract with Diaz Construction to make
the improvements.
FINANCIAL IMPACT:
Funding for this program was approved in the 2015 Budget -Capital Investment Program in the
amount of $250,000. There is no cost associated witl1 these two easements since they are
donated by the affected property owners. Perfonning this project will prevent further damage to
the current stom1 sewer o utfall and protect adjacent private and public properties from further
erosion.
BACKGROUND :
The existing storm sewer pipes located on the slope above Creekside Park and downJ1ill from the
461h Avenue and Balsam Street neighborhood have been in place for many years. These two
outfalls were placed to convey tile storm water down the steep slop e. The current pipes have
separated at the connections due to excessive forces exerted on the pipes by high velocity flo ws.
This issue also causes severe erosion that could lead to slope stability failure of the surrounding
area. This project will provide a new more durable pipe installation that will be secured with
heavier anchors and fused connections to handle the hydraulic loading along with energy
dissipaters to calm the turbulent flow down the steep slope.
As part of this project, easements are needed for the Balsam Street location to access tbe work
area and also for the existing underground pipe that extends from Balsam Street to the top of the
slope between 4671 and 4675 Balsam Street. City Staff bas worked successfully with the two
property owners to obtain the easements.
The construction project was bid per the established procurement process and the contract was
awarded by the City Council on December 14,2015.
RECOMMENDATIONS:
Staff recommends the easements be accepted by the City.
RECOMMENDED MOT ION:
"1 move to accept construction easements from adjacent property owners tbr the 20 I 5
miscellaneous drainage project."
Or,
"1 move to postpone indefinitely the acceptance of construction easements from adjacent
property owners for the 20 I 5 miscellaneous drainage project for the following reason(s) ,
REPORT PREPARED/REVI EWED BY:
Steve Nguyen, Engineering Manager
Council Action Form -Acceptance of Easements
January 25, 2016
Page 3
Mark Westberg, Projects Supervisor
Scott Brink, Director of Public Works
Patrick Goff, City Manager
ATTACHMENTS:
1 . Project Easements
..
Location. WI llaba"' 51.-..t
W!at IUciJc, C'41rw16o 80033
PERMANENT EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that Stuart 8 aod Oiager G FarreU, whose address is
4671 Balsam Strut. Wheat Ridge. County of JeffCfSOn. Slate of Colorado, 80033, he.reiMfter called the
"Gnnton" for and in consideration of the sum ofTEN and 00/100 DOLLAAS ($10.00) and other
valuable consideration to them in band paid by the City of Wheat Ridge, hereinafter called"~. do
hereby give and grant to said City a PERMANENT EASEMENT on. along, over and across the
following described premises to-wit:
A tract of land lying in the NW !4 of Section 23, Township 3 South, Range 69 West of the 6th
Principal Merldian, City of Wheat Ridge, Coun1y of Jefferson, State of Colorado, described as:
· See Exhibit A (2 pages) hereunto anached and incorporated by this referenoe •
NOTE: All bearings arc relative to one another and arc based on the West line of the NW \4 of
said Section 23 as shown on the City of Wheat Ridge Control Diagram which bears
N00°16'SS"W. being monumented on the Southwest Comer of said NW \4 Section by a 3W' AL
cap LS13212 and the Northwest Comer of said NW \4 Section by a 3W' ARcap PLS24949,
T.3S .. R.69W, ofthe6• P.M.
For lhe pumose of: The construction and maintenance of a drainage facility and/or any drainage
rclatcd·items lying within the bounds of the area described hm:in.
Subject to the following tenns and conditions: To the extent penniued by law, and without
waiving any immunities. protections., or defenses available at common law or under statute,
including, without limitation. the Colorado Governmental Immunities Act, Section 24·1 0·101, et
seq .. C.R.S .• the City. individually and for itself only, a~ to hold hannless the Grantors from
and against nny suit, claim. attorney's fees, loss or damage, including personal injury or loss of
life, whlch may occur as a result of negligent construction or maintenance ofsaid drainage
facilities by nndlor for the City on the property subject to this easernenL
Said IJ"8Cl contams 924 ~uare feet (0.021 acres), more or less.
Also known by street and number as: ~71 Balsam Street, Wheat Ridge, CO 80033.
And the Grantors hereby covenant with the City that they have good title to the aforcdeseribed premises;
and that they have good a.nd lawful right to grant thi5 easement.
IN WITNESS WHFM.Oil """' ""'""'• ..... ""'A~~·';;.:; 201 s. S~ GiO&V~-.G~<o<
STATEOFCOLORADO )
)SS.
COUNTY OF JEFFERSON )
The foregoing ins1rument was aclcnowlcdged before me this 1¥'iy of£}~ 2015. by Stuart
8 •ud Ginger G Furell.
My commission expires ~ 7 .~. Witness my hand and official seal.
-~-.---y • ~---------------KATHRYN A FIELD
SEAL NOTARY PUBLIC
STATE OF COLORADO
Notnty 10 2002~0\27.:0 ._!:!v eo~ "f""n r, r G~"'71"1'118
Attachment 1
Notary Public
CNowy's Ad<1ressl
EXHIBIT A
LEGAL DESCRIPTION
THAT PORTION OF LOT 10. BLOCK 8, HILLCREST HEIGKTS. SITUATED WITHIN THE
NORTtfNEST ONE..QUAATER OF SECTION 23. TOWNSHIP 3 SOUTH, RANGE SSI WEST
OF THE en. PRINCIPAL MERIOtAN. CITY OF WHEAT RIDGE. COUNTY OF JEFFERSON.
STATE OF COLORADO. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER-CORNER OF SAID SECTlON 23;
THENCE NJ3•4J'<W"E 1953.84 FEET TO THE SOUTHEASTE.RLY CORNER OF SAID LOT 10.
THE TRUE POINT OF BEGINNING:
THENCE ALONG THE SOUTHERLY UNE OF SAID LOT 10 seg••!n8"W 5.00 FEET;
THENCE OEPARTlNG THE SOUTHERLY UNE Of SAID LOT 10 AMl RUNNING PARALLEL
WITH AM) 5 FEET OISTAHT FROM THE EASTERLY LINE Of SAID LOT 10. NCXr1o4'<W'W
1&4.57 FEET TO A POINT ON THE NORTHERLY LINE Of SAID LOT 10;
THENCE N85•5e'25"E 5.01 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 10;
THENCE soo•W44"E 185.00 FEET, TO THE TRUE POINT Of BEGINNING.
CONTAINING S12• SQUARE FEET OR 0.021 ACRES, MORE OR LESS.
BASIS OF BEARING: BEARINGS USED HEREIN ARE BASED ON THE 'M:ST UNE OF THE
NORT'H'NEST ONE.QUARTER Of SECTlON 23, BEING N00•18'55'W 2e34.28 FEET AS
SHOWN ON THE CITY Of WHEAT RIDGE CONTROl MAPS, AS MOHUMENTED ON THE
SOUTH BY A FOUND 3-11•• ALUMINUM CAP STAMPED •Ls 13212•, DESIGNATED AS
•POINT 1..eotr IN THE CITY Of WHEAT RI.OGE CONTROL SYSTEM, AND ON THE NORTH
BY A FOUND 3-1/ •• BRASS CAP STAMPED "PLS 2o4i4V, DESIGNATED AS "POINT 13809"
IN THE CITY Of WHEAT RIDGE CONTROL SYSTEM.
PREPARED BY:
DOUGLAS H. ORT Ill, PLS 37066
MANHARO CONSULTING
10835 DOVER STREET. SUITE 700
WESTMINSTER, CO 80021
I
I
I
{'
I
~
I.
8Dl1Bif' ~
LOCA1m II M NOimMSI ON!-QI.Wn'Eit OF su:TION 23, ~ 3 SOUIM. MtGl • WEST OF M fn4 P.M. OOUNfY OF .UhJt5Q4, STAlE OF 001 OM)()
HOATHliEST 1/4 C:OAN£R ~ SEC:OOH 13
FOUND ~1/4' BRASS CAP STAIII'£0 1'\.S
2 4949 •• D£SIGHA TtD AS 'POINT 13109' II 1HE
QTY ~ 'IIIHEA T AIOCi£ CQHnt<ll
f
~
Ill ~ e
~,
~, Ill . i~ ~~
;I§
~I
~
LOT 9
BLOO< e
IILLCREST HEIGHTS
fOUND NO. !I R£8AR PLASnc CAP
PlS 15321
924 S.f.
0.021 ACRES
LOT 10
Bl()()( •
HILLCREST
HDCHTS
.£F'F'ERSON CQJNTY
UNP\.A TTtD
}.. ., • ~
31: ; ...
§
N8S'54'25•E
5.01'
8 ~
:-' : ·.., r 5l
LOT 11
BlOO< 6
HILLCREST HEICHTS
~
40 0 40 -----SCALE: 1• = 40'
(US SURVEY FEET)
LOT 12 BlOCK e
lllLCREST
HEIQtTS
fOUHO NO. !I
RESAA
PlASTIC CAP
PLS 1!1.321
fOUNO NO. !I
REBAR
PlASTIC CAP
PlS 1!1321
N89'4!1'18"E 7!1.00'
BALSAM ~ ST. I~_: No.5
.Sf 1/4 CORNER ~ SECTION 13
fOUHO 3-1/"' Al.lMIHUW CAP STAWI'm \.S
13212'. O£S1GNA TfJ) AS 1'C»fT 14801 • 1H M
QTY ~ 'IIIHEA T IIIOClE CONlRQ. S'ISTDI.
(R.O. W. 50')
LOT 16 8LOCI< e
~CREST
HEICHTS
PLASTIC CAP PlS 15321
! j J08 HoWIUH0001 llftA-BY: I
J ~ M h d !wRIGHT WATER ENGINEERS, INC
10835 O(MR ST., soot 700 ~£NVER, co 80211 1-w an ar .2490 W. 26TH AVE., SUITE 100
~ OllU)lW)O 10021 C 0 M S U L T I M C ~03-480-1700
~ (303)H5-5505 F'AX: (J03~"10 PACE 2 OF 2 J
....__ o147S ...._ Strao
Whaoo IW,... C .......... IOO))
PERMANENT EASEMENT
KNOW ALL MEN BY TILESE PRESENTS. that 4675 Balsa• Sind LLC, wbosc lddress tS 13200
Wide Afrn Roed. Golden, County of Jefferson, Swe of Colorldo, 80401, bercinaftCf called the
"Cra!!O!J" fOJ and Ill corwdcTation of the sum ofTEN IJ'Id 00/100 OOLLARS ($10.00) and other
valuable eonsKScnuon to them in hand paid by the City of Whalt Riclge. bcn:inafter called "~·. do
hereby !Pvc and iRDt to Wd City a PERMANENT EASEMENT oa. along. over and ac:tOSS the
following described premises to-wit:
A tract of land lyina 1D the NW !4 of Section 23, Township 3 South. Ran11c 69 West of the 6th
Principal Mcndian. City of Wheat Ridac, County of Jefferson, Slate of ColOI'IIdo, described u :
·See Ellhibit A (2 paacs) hereunto attached and iooorporoted by this reference .
NOT£: All bcarinp a.n: relative to one another IJ'Id an: based on the West line of the NW 'A of
said Section 23 u shown on the City of Wheat Ridge Control Diapm which bears
N00016'SS"W, being monwnented on the SouthWest Comer of said NW ~ Sec1ton by a 3\t." AL
cap LSI3212 and the Northwest Comer of said NW % Secuon by a 3%" BR cap PLS24949.
T .3S .• IU9W oft he 6• P.M.
For the pwpog of: The: comuuaion and main1cnancc or a drainage facility andiOJ any dnu1111ge
n:lated-itcms lyina within the bounds of the area dcsc.ribed herein
Subjcc:t to the following terms and c:oodillons: To the Clltcnt pcrmiued by law, and without
waiV1na any tmmunitics, protections., or defenses available at c:ommoo law or under statute,
includina. without limitation, the Colorado Oovtmmcn~al lmmunides Ad. Scc:tion 24-1 0·1 01 , ct
seq., C.R.S .• the City. individually and for itself only, agrees to hold harntless the Grantors from
IJ'Id apinsa any suit. claim. attorney's fec.s. loss or damage. including personal injury or loss of
life. which may occur as a n:sult of neaJigcnt constr\ldion or maintenance of said drainage
faalities by andiOJ for the City on the propcny subjcc:t to th1s easement.
SaKI tract c:ouams 1.078 square feet (0.025 acn:s). more or less.
Also known by rum and llW1'ixT u : 4675 Balsam Street. Wheat Ridge, CO 80033
And the Grantors hereby covcnm& with the City that they luave good title 10 the aforedcscnbed pn:mises: £, /
and that they luave good and lawful right to gn.nt this easement. 7Y~
IN W ESS WHEREOF. we have hereunto set our hands this £day of .:xm. .~ Z 0 J ~ ~
~~ATEOF~ )
~ tl... )SS. MJr COUNTYOFJEFF~ ~ )
Tile forqoina ti\SINmCnl was edtnowledged before me this .g' day o~
AJidnw ZOariat on bchalfof~75 Bahaa Street LLC.
My commission opires ~ ~ 2D1 & . Witness my hand and off~eial senl.
SEAL
............ , ... , .•:,..\..~ s. ~.lo··. •'-"v .. ~....... ..,.:• /<J:/' ··,.;,·~i··. i / NOTARY \ ~ : i PUBLIC : : : * \ i *: ~ \No 1~~6 ./ f . .. ~ .. · . .s-'· .. 1-..... ~ .··
'lol (J
.~.by
· .. ~~···~ .. ···~"·· ·· .. ;c: ()1:~ ••• •• ··········· Notory Certificate on noXI pa<11
NOTARY CERTIFICATION
(H ... -..1 AdmonoJIIliii\'C Rule f S·ll-1) ('\
Document Identification or Description:~ (N\g.-f\~ 'Fa~tNJ.lt"'
No. of Pages: {tt~
····~··a··~···· ... ·~~;._ ...... : .... !.?~· ..
j ~/·· NOTARY ·····"! \.
g * [ PUBLIC l * ~ ~~-!l::-l;1U~--::::-:-------------:. \ No. 10-116 / j
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EXHIBIT A
LEGAL DESCRIPTION
THAT PORTION OF LOT 11, BLOCK 8, HILlCREST HEIGHTS, SITUATED WITHIN THE
NORllfNEST ONE-QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 89 WEST
Of THE 8'" PRINCIPAL MERIDIAN, CFTY Of 'MiEAT RIDGE, COUNTY OF JEFFERSON,
STATE OF COLORADO, AND BEJNG MORE PARTICUlARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER~NER OF SAID SECTION 23;
THENCE N33.43'44"E 1853.84 FEET TO THE SOUTHWESTERlY CORNER OF SAID LOT
11, THE TRUE POINT OF BEGINNING:
THENCE N00•14'44'W 185.00 FEET TO THE NORTHWESTERLY CORNER Of SAID LOT
11;
THENCE ALONG THE NORTHERLY UNE OF SAlD LOT 11, N85•58'25"E 10.02 FEET;
THENCE DEPARTING THE NORTHERLY UNE OF SAlD LOT 11 AND RUNNING PARALLEL
WITHNW 10 FEET DISTANT FROM THE WESTERLY UNE OF SAlD LOT 11, soo•14'44"E
30.67 FEET:
THENCE seg•-45'18'W 5.00 FEET:
THENCE RUNNING PARALLEL WITH AND 5 FEET DISTANT FROM THE WESTERlY UNE
Of SAIO LOT 11, soo•14'44"E 155.00 FEET TO A POINT ON THE SOUTHERLY LINE OF
SAlDLOT 11;
THENCE saa•-45'18'W 5.00 FEET, TO THE TRUE POINT OF BEGINNING.
CONTAINING 1,078 SQUARE FEET OR 0.025 ACRES, MOAE OR LESS.
BASIS OF BEARING: BEARINGS USED HEREIN ARE BASED ON THE WEST LINE OF THE
NORTHWEST ONE-QUARTER OF SECTION 23. BEING N00•1&55'W 2834.28 FEET AS
~ON THE CFTY OF WHEAT RIDGE CONTROL MAPS, AS MONUMENTED ON THE
SOUTH BY A FOUNO 3-114" ALUMINUM CI+P STAMPED "LS 13212", DESIGNATED AS
"POINT 1<1e08" IN THE CFTY OF WHEAT RIDGE CONTROL SYSTEM, AND ON THE NORTH
BY A FOUNO 3-1/-4" BRASS CI+P STAMPED "PI.S 24i-49", DESIGNATED AS "POINT 13e09"
IN THE CITY OF WHEAT RIDGE CONTROL SYSTEM.
PREPARED BY:
DOUGLAS H. ORT Ill, PI.S 370M
MANHARD CONSULTING
10835 DOVER STREET, SUITE 700
WESTMINSTER, CO 80021
I l
I
..E:f'F'ERSON COUNTY
NORlHliEST 1/4 CORNER OF SI:Cll<lN U UHP\.ATltO
FOUfiO 3-1/4 • 8RASS CJ.S> STAWP£D 1'\.S
24849', OESIGNA TED AS 'f'OHT 13809' IN lHE
OTY OF ~T R100E COHTitOL SYSTOI.
I
~
~ e
~I ~I_
i~ ~<D ,-;I~
~ ~I
~
LOT 9
BLOCK 5
Hll1.CREST
HEIGHTS
f'OUNO HO. 5 REBAR
PLASnc CAP P1..S 15321
LOT 10
BlOCK 5
HilLCREST
HEIGHTS
S89'45'18"W s.oo·
1,078 S.f'.
0.0.25 ACRES
LOT 11
BLOCK 5 HllL~EST
HEIGHTS
S89'45'111"W s.oo·
BALSAM ST.
{R.O.W. 50')
0 -----SCAL£: 1• = 40' {US SURV(Y F'E£T)
LOT 12 BLOCK II
l«.l.CREST
HEIGHTS
FOUND NO.5
REBAR
PLASllC CAP
P1..S 15321
N89'45'tii"E 75.00'
l!;
q
FOUND NO. S
REBAR
PLASnc CAP
PlS 15321
' . ~ ..... . .. City of •
JP"WheatRi_dge
ITEM NO:~
DATE: January 25,2016
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 01-2016 AN ORDINANCE
AMENDING SECTIONS 16-113 AND 16-114 OF THE
WHEAT RIDGE CODE OF LAWS CONCERNING
SOLICITATION
(2] PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR I ST READING (1/11 /2016)
(2] ORDINANCES FOR 2ND READING (l/25/2016)
QUASI-JUDICIAL: D YES
~
City Attorney
ISSUE:
A recent federal District Court decision invalidated several provisions of the City of Grand
Junction's panhandling ordinance. The Court struck down the Grand Junction regulations that
prohibited panhandling based solely on where or when the activity occurred, or how many times
the acti vity occurred, when there was no demonstrated safety risk.
The Wheat Ridge Code of Laws contains several solicitation regulations that are the same as or
similar to the invalidated Grand Junction regulations. After the Court's ruling, Chief Brennan
suspended enforcement of the City's solicitation regulations. This ordinance amends the Wheat
Ridge Code to el.iminate the local solicitation regulations that are likely now unconstitutional.
PRIOR ACTION:
None
FINANCIAL IMPACT:
None
Council Action Fonn-Solicitation
January 25,2016
Page 2
BACKGROUND:
On September 30, 20 I 5. the United States District Court for the District of Colorado issued its
decision in Browne eta/. v. City o.fGrand Junction. Colorado, Civil Action No. 14-cv-00809-
CMA-KLM. In Browne, several plaintiffs asserted that they regularly engage in "peaceful" and
"nonthreatening" solicitation and fundraising activities in Grand Junction that violate the city's
panhandling ordinance. The plaintiffs asserted a facial challenge to several provisions of the
city's panhandling ord inance; specifically, those provisions that prohibited solicitation in certain
places or at certain times or after the person solicited has refused the solicitor's request. Plaintiffs
argued that these provisions unconstitutionally infringed upon their First Amendment rights,
including the rights of free s peech and free ex pression. Grand Junction argued, among other
things, that its laws consbtuted "content-neutral time, place and manner restrictions" on speech.
As such, the city argued, those laws satisfied the "intennedjate scrutiny" test that the Court
should apply when reviewing the laws.
Instead of applying the "intermediate scrutiny" test, however, the Court applied a "strict
scrutiny" test when it reviewed the city's panhandling laws. The "strict scrutiny'' test requires a
challenged Jaw to be narrowly tailored to achieve a compelling governmental interest. This is a
legal standard that few Jaws can satisfy. The Court did recognize that "public safety" is a
compelling governmental interest. As such, Grand Junction's panhandling restrictions that
prohibited threatening, ag&rressive or dangerous behavior -fighting words, unwanted touching.
physically blocking the movement of people or cars -were not stricken down. In fact, the
plaintiffs did not even challenge those provisions. The prohibitions that had no proven public
safety risk, however, were invalidated, such as soliciting within I 00 feet of a bus stop or I 00 feet
of an ATM. soliciting wi thin a parkffig garage, soliciting at night and sol iciting from people
waiting in a line or seated at a restaurant patio. Clearly, the Court did not believe that preventing
uncomfortable or unwanted communications constitutes a "compelling governmental interest" in
the face of Fi_rst Amendment rights.
The Wheat Ridge Code, like many other municipal codes, contains solicitation prohibitions
similar to those that were invalidated. This is not the result of poor planning. Rather, it is the
result of the recent and si gnificant change in First Amendment analysis announced by the United
States Supreme Court in Reed v. Town ofGilbert. AZ. The Reed case concerned a challenge to
the Town of Gilbert's sign code regulations. In reaching its decision, the Court announced a new
standard of First Amendment analysis that will reach far beyond sign regulations. Here in
Colorado, the Grand Junction decision may be the first of many ripples created by the Reed case.
To comply with the standards announced by Reed (and followed by the Bro111ne court), till s
ordinance deletes local Code provisions that prohibit solici tation based solely on where, when, or
how many times the solicitation occurs; provisions that prorubit aggressive, threatening or unsafe
behavior are retained.
OPTIONS FOR COUNCIL ACTION:
l. Approve the ordinance as presented on second reading; or
2. Approve the ordinance on second reading with amendment(s).
Council Acti on Fonn-Solicitation
January 25, 2016
Page 3
RECOMMENDED MOTJON:
"I move to approve Council Bill No. 01-20 I 6, an ordinance amending sections 16-113 and 16-
11 4 of the Wheat Ridge Code of Laws concerning solicitation, on second reading, and that it take
effect fifteen (15) days after final publication."
Or.
"I move to postpone indefinitely Council Bill No. 0 I -20 I 6, an ordinance amending
sections 16-113 and 16-1 14 of the Wheat Ridge Code of Laws concerning solicitation,
for the following reason(s)"
REPORT PREPARED/REVIEWED BY;
Carmen Beery. City Attorney's Office
Patrick Goff, City Manager
ATTACHMENTS:
I. Council Bill No. 0 1-20 16
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DAVIS
Council Bill No. 01 -2016
Ordinance No. ----Series of 2016
TITLE: AN ORDINANCE AMENDING SECTIONS 16-113 AND 16-114 OF THE
WHEAT RIDGE CODE OF LAWS CONCERNING SOLICITATION
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule
municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado
Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31 -15-401, the City, acting
through its City Council (the "Council"), is authorized to adopt rules and regulations prohibiting certain
conduct and defining general offenses that harm or pose a threat to the public health, safety or welfare;
and
WHEREAS, pursuant to such authority. the Council has previously adopted and defined certain
offenses concerning solicitation, codified as Sections 16-113 and 16-114 of the Wheat Ridge Code of
Laws ("Code"); and
WHEREAS, the Council finds that said Sections 16-113 and 16-114 should be amended and
updated to reflect the current state of the law.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1. Section 16-113 of the Wheat Ridge Code of Laws, concerning sales and
solicitation, is hereby amended to read in its entirety as follows:
Sec. 16-113.-Sales and solicitation in certain places prohibited.
(a) It shall be unlawful for any person to solicit employment, business,
contributions. or sales of any kind, or collect monies for same, from the
occupant of any vehicle traveling upon any street or highway OR ENTRANCE
TO OR EXIT FROM ANY HIGHWAY INCLUDED IN THE INTERSTATE
HIGHWAY SYSTEM within the city when such solicitation or collection:
(1 ) Causes the person performing the activity to enter onto the traveled
portion of a street or highway; or
(2) Involves the person performing the activity to be located upon any median
area which separates traffic lanes for vehicular travel in opposite
directions; or
(3) The person performing the activity is located such that vehicles cannot
move into a legal parking area to safely conduct the transaction.
(b) It shall be unlawful fer any person to solicit or attempt to solicit employment.
business, or contributions of any kind from tho occupant of any 'JOhiclo on
Attachment 1
any highway included in the interstate system including any entrance to or
exit from such highway.
~ No person shall solicit on private property if the owner, tenant, or person in
lawful control of the property has asked the person to leave or has asked the
person to refrain from soliciting on the property, or has posted a sign clearly
indicating that solicitations are not welcome on the property.
(d) I>Jo person shall solicit when either the solicitor or the person being solicited is
located within twenty (20) feet of any automated teller machine. Provided,
however, that when an automated teller machine is located within an
automated teller machine facility, such distance shall be measured from the
entrance or exit of the facility.
(e) No person shall beg in any public parking lot or public parking structure to
which the public or substantial number of the public has access.
(f) I>Jo person shall solicit within six (e) feet of an entrance to a building te which
the public has access.
(g) No person shall solicit when the person being solicited is located within the
patio or sidewalk area of a retail business establishment that serves food
and/or be¥erages.
(h) No person shall solicit in a public place during the night.
(i) I>Jo person shall beg 'A'hen either the solicitor or the person being solicited is
located within twenty (20) feet of a public toilet.
(j) Ne person shall solicit when either the solicitor or the person being solicited is
located within l\•tenty (20) feet ef any pay telephone pre¥ided that when a pay
telephone is located within a telephone beeth or other facility, such distance
shall be measured from the entrance or exit of the telephone booth er facility.
(k) No person shall solicit when the person being solicited is waiting in line for
tickets, for entry into a building or for another purpose.
(~C) The words and phrases used herein, unless the context otherwise indicates,
shall have the following meaning:
(1) Automated teller machine shall mean a device, linked to financial
institutions' account record which is able to carry out transactions.
including, but not limited to account transfers, deposits, cash withdrawals,
balance inquiries, and mortgage and loan payments.
(2) Automated teller machine facility shall mean the area comprised of one ( 1)
er more automatic teller machine and any adjacent space, which is made
a'4'ailable to banking customers after regular banking hours.
(J) Financial institution shall mean any bank, industrial bank, credit union, or
savings and loan as defined in Title 11 of the Colorado Revised Statutes.
2
(4) Night shall mean one half hour after sunset until one half hour before
sunrise.
(5) Public place shall mean a place to 'Nhich the public or a substantial
number of the public has access, ana incluaec but is net limitoa to any
street, siao·Nalk, high"'\•ay, parking lot, plaea, transportation facility, school.
place of amusement, park, or playgrouna.
tej Soliciting shall mean any solicitation made in person requesting an
immediate donation of money or other thing of value. Purchase of an item
for an amount far exceeding its value , under circumstances where a
reasonable person would understand that the purchase is in substance a
donation, is a donation for the purpose of this section.
(+2) Traveled portion of the street or highway shall mean that portion of the
road normally used by moving motor vehicle traffic.
Section 2. Section 16-114 of the Wheat Ridge Code of Laws, concerning aggressive
solicitation, is hereby amended as follows:
Sec. 16-114.-Aggressive solicitation prohibited.
No person shall engage in aggressive solicitation in any public place.
Aggressive solicitation shall mean begging or soliciting accompanied by or
followed immediately by one or more of the following:
( 1 ) Intentionally continuing to solicit from a person after the person has given
a negative response to such solicitation.
~ Intentionally making any physical contact with or touching another person
in the course of the solicitation without that person's consent.
(~ 2) Intentionally blocking or interfering with the safe or free passage of a
pedestrian or vehicle operator to take evasive action to avoid physical
contact in the course of soliciting.
(4 3) Intentionally using violent or threatening gestures toward a person
solicited which would cause a reasonable person to be fearful for his or
her safety.
(5) Persisting in closely following behina or alongsiae, or 'Nalking immeaiately
aheaa of a person who has been solicilea with tho intent of asking that
person for money or other things of 'lalue, after the person selicitea has
infoFFRoa the solicitor by woras or conauct that such person aoes not want
to be solicitea or aoes not want to give FRoney or anything of 'lalue to the
solicitor.
(e 4) Intentionally using profane, threatening, or abusive language, either
during the solicitation or following a refusal to make a donation, which
tends to invite an immediate breach of peace.
3
(7 5) Approaching or following a person for solicitation as part of a group of
two (2) or more persons, in a manner and with conduct, words, or
gestures intended or likely to cause a reasonable person to fear imminent
bodily harm or damage or loss of property or otherwise to be intimidated
into giving money or other things of value.
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 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 fifteen (15) days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 11 tn day of
January, 2016, 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 January 251h, 2016, 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 . 2016.
SIGNED by the Mayor on this ___ day of --------· 2016.
ATIEST:
Janelle Shaver, City Clerk
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
Joyce Jay, Mayor
Approved As To Form
Gerald E. Dahl, City Attorney
4
\ -( _,. r City of
JP'WheatRl__dge
ITEMNO:~
DATE: January 25,2016
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 2-2016-AN ORDINANCE REPEALING
AND REENACTING SECTION 16-106 OF TBE WHEAT
RIDGE CODE OF LAWS CONCERNING LOITERING
~ PUBLIC HEARING D BIDS/MOTIONS
D RESOLUTIONS
QUASI-JUDICIAL:
70 L/£:..
City Attorney
ISSUE:
D ORDINANCES FOR I ST READING (1 /11 /2016)
~ ORDINANCES FOR 21'f0 READING (1 /25/2016)
D YES ~ NO
CR~
Section 16-I 06 of the Wheat Ridge Code prohibits loitering in and around schools. This Code
section contajns exactly the same language as a prior version of the state loitering statute. This
prior version of the state loitering statute was invalidated by the Colorado Supreme Court i11
1981. This ordinance amends Code Section 16-606 to minor the language of the cunent valid
state loitering law.
PRIOR ACTION:
None
FINANCIAL TMFACT:
None
BACKGROUND:
ln the past, state and local governments attempted to prevent criminal behavior and other
undesirable conduct through vagrancy statutes. These statutes typical1y defined the crime of
vagrancy not by behavior, but by a state-of-being or condition. Eventua.Jiy, such statutes were
invalidated as status crimes or as impermissibly vague. ln response, jurisdictions eliminated
traditional vagrancy laws and replaced them with defined crimi11al offenses such as loitering.
However. lojtering statutes have been subject to the same sort of scrutiny and legal challenges as
their predecessors, vagrancy statutes. Individuals enjoy a level of constitutional protection to
Council Action Form -Loitering
January 25. 2016
Page2
move freely about, including the ri ght to stop movin g about and remain stationary if doing so
does not harm other people or property. The United States Supreme Court has called this "right"
an hi storic "amenity of life" in this country.'
Loitering laws have been challenged and invalidated for a variety of reasons. among them: when
the term "loitering" was not clearly-defined, when the law failed to provide clear standards to let
people know what behavior was prohibited or to guide police in consistent enforcement
(unconstitutionally vague), and when the law reached further than intended to bring non-criminal
behavior within its scope (unconstitutionally overbroad).
The City's existing loitering offense, contained in Code Section I 6-I 06, has been in place since
at least I 977. Thi s Code secti on was apparently modeled on the then-existing state loitering
statute that prohibited loitering in and around schools under certain circumstances. Over thirty
years ago, that state statute was invalidated by the Colorado Supreme Court as both
unconstitutionally vague and overbroad.2 Quickly following that decision, the state statute was
amended to specifically address the reasons given by the Court in striking down the statute. The
state's current loitering law has remained largel y unchanged and unchallenged since then. Thi s
ordinance amends the City's loitering la w to mirror the state's current loitering law.
OPTIONS FOR COUNCIL ACTION:
I. Approve the ordinance as presented on second reading; or
2. Approve the ordinance on second reading with amendment(s).
RECOMMENDED MOTION:
"I move to approve Council Bill No. 2-20 I 6, an ordinance repealing and reenacting section I 6-
106 ofthe Wheat Ridge Code ofLaws concerning loitering, on second reading, and that it take
effect I 5 days after final publication."
Or
"J move to postpone indefinitely Council Bill No. 2-2016, an o rdinance repealing and reenacting
section 16-1 06 of the Wheat Ridge Code of Laws concerning loitering, for the following
reason(s) "
REPORT PREPARED BY;
Carmen Beery, City Attorney's Office
Patrick Goff, City Manager
ATTACHMENTS:
I. Council Bill No. 2-2016
1 Papachrisrou v. Ciry of Jackvonl'il/e, 405 U.S. 156. 164 ( 1972) (invalidating a Jacksonville vagrancy ordinance):
see also, Doe v. Bolron, 410 U.S. 179 ( 1973) (Douglas. J .. concurring opinion. calling the freedom to walk. stroll or
loaf a fundamental freedom).
2 People in Interest of C. M., 630 P.2d 593 (Colo. 1981 ).
TITLE:
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER FITZGERALD
Council Bill No. 02-2016
Ordinance No. -----Series of 2016
AN ORDINANCE REPEALING AND REENACTING SECTION 16-106 OF THE
WHEAT RIDGE CODE OF LAWS CONCERNING LOITERING
WHEREAS, the City of Wheat Ridge, Colorado (the "City~). is a Colorado home rule
municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado
Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-401, the City, acting
through its City Council {the "Council"), is authorized to adopt rules and regulations prohibiting certain
conduct and defining general offenses that harm or pose a threat to the public health, safety or welfare;
and
WHEREAS, pursuant to such authority, the Council has previously defined and adopted certain
general offenses, codified as Chapter 16 of the Wheat Ridge Code of Laws ("Code"), including a
prohibition of loitering in or about school grounds, under certain circumstances, codified as Code
Section 16-106; and
WHEREAS, the Council finds that said Section 16-1 06 should be repealed and reenacted to
reflect the current state of the law concerning loitering.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1. Section 16-106 of the Wheat Ridge Code of Laws, concerning loitering, is hereby
repealed and reenacted to read in its entirety as follows:
Sec. 16-106. Loitering.
(a) It is unlawful for any person, with intent to interfere with or disrupt the school
program or with intent to interfere with or endanger schoolchildren, loiters in a school
building or on school grounds or within one hundred feet of school grounds when
persons under the age of eighteen are present in the building or on the grounds, not
having any reason or relationship involving custody of, or responsibility for, a pupil or
any other specific, legitimate reason for being there, and having been asked to leave
by a school administrator or his representative or by a peace officer.
(b) It shall be an affirmative defense that the defendant's acts were lawful and he
was exercising his rights of lawful assembly as a part of peaceful and orderly petition
for the redress of grievances, either in the course of labor disputes or otherwise.
(c) For purposes of this section, the word "loiter" means to be dilatory, to stand idly
around, to linger, delay, or wander about, or to remain, abide, or tarry in a public place.
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
Attachment 1
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. 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 (15) days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 11 th day of
January, 2016, 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 January 25, 2016, 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 • 2016.
SIGNED by the Mayor on this ___ day of ---------· 2016.
ATTEST:
Janelle Shaver, City Clerk
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
Joyce Jay, Mayor
Approved As To Form
Gerald E. Dahl, City Attorney
2
~ ~ . ~
• • ,. City of • JP'W heatRl_dge
ITEM NO:~
DATE: January25, 2016
REQUEST FOR CITY COUNCIL ACTION
TITL E : RESOLUTION NO. 03-2016 A RESOLUTION
TERMINATING THE 1995 DEVELOPMENT AGREEMENT,
AS AME ND ED, BETWEEN THE CITY OF WHEAT RIDGE
AND THE 38TH AND SHERIDAN, LTD. PARTNERSHIP AND
DILLON COMPAN IES, INC.
0 PUBLIC HEARING
D BIDS/MOTIONS
[gl RESOLUTIONS
D ORDINANCES FOR I ST READING
D ORD1NANCES FOR 2ND READING
QUASI-JUDICIAL: D YES
/~dY~
City Attorney
[gl NO
_Q~
City Manager
ISSUE:
On April 28, 1995 and as amended on July 22, 2002, the City entered into a Development
Agreement with the 38th and Sheridan Partnership and Dillon Companjes pertaining to future
development at the northwest comer of 38th Avenue and Sheridan Blvd. The Development
Agreement has been fully performed and therefore can be terminated.
PRIOR ACTION:
On April 28, 1995 the City entered into a Development Agreement w ith 38th & Sheridan, Ltd.
And Dillon Companies pertaining to future development at the northwest comer of381h Avenue
and Sheridan Blvd.
On April 2, 2002 the City Council approved an ordinance for the sale of City-owned property
located near the intersection of 381h A venue and Sheridan Boulevard to 38111 & Sheridan Ltd.
Partnership.
A First Amendment to the Development Agreement was approved on July 22. 2002 allowing for
construction of a fueling station on the parcel.
Council Action -Perry Land Transfer
January 25. 2016
Page2
FINANCIAL IMPACT:
None
BACKG ROUND:
In 1995. the City entered into the Agreement with the owners ofthe King Soopers Shopping
Center. The Agreement pertained to a development opportunity on property owned by the City
at the comer of381h Avenue and Sheridan Boulevard. The property contained a blighted
Breakfast Queen restaurant which the Agreement required the City to obtajn. The Agreement
required the City to acquire, demolish the structure and construct improvements to the right-of-
way along the hard comer of 38th and Sheridan. These improvements included paving,
modifications to existing curb cuts, landscaping, utility relocation, and striping of parking areas.
Some portions of those costs were borne by the owners.
On July 2, 2002 a First Amendment was approved by the City granting the owners the right to
construct a fueling station on a portion of the property. That fueling station is currently
operating on the eastern portion of the center. As prut of the construction of the fueling station
per the Agreement, the developer installed landscaping on behalf of the City on the remaining
parcel on the comer of 38111 and Sheridan. Additionally, the developer has maintained and paid
for the irrigation on trus portion of the City-owned property.
The development agreement has been fully perfonned, and for this reason the developer and City
staff request that it be tem1inated.
RECOMM ENDATIONS:
Staff recommends that Council approve tl1e attached resolution.
R ECOMMEND ED MOTION:
"I move to approve Resolution 03-2016, a resolution tenninating a I 995 development agreement
between the City of Wheat Ridge and the 38th and Sheridan, Ltd. Partnership and Dillon
Companies, Inc."
Or,
"l move to postpone indefinitely Resolution 03-2016, a resolution terminating a 1995
development agreement between the City of Wheat Ridge and the 38th and Sheridan, Ltd.
Partnership and Dillon Companies, Inc. for the fo llowing reason(s) "
REPORT PREPARED/REVIEWED BY:
Steve Art, Economic Development Manager
Patrick Goff, City Manager
Meredith Reckert, Senior Planner
Dave Brossman, Development Review Engineer
Council Action-Perry Land Transfer
January 25, 2016
Page 3
ATTACHMENTS:
I. Resolution No. 03-20 J 6
2. Development Agreement & First Amendment to Agreement
3. Council Bill No. I 0-2002
TITLE :
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 03
Series of 2016
A RESOLUTION TERMINATING THE 1995 DEVELOPMENT
AGREEMENT, AS AMENDED, BETWEEN THE CITY OF WHEAT
RIDGE AND THE 38TH AND SHERIDAN, LTD. PARTNERSHIP AND
DILLON COMPANIES, INC.
WHEREAS, on April 28, 1995 the City entered into a Development Agreement
with 38th & Sheridan, ltd. and Dillon Companies pertaining to future development at the
northwest corner of 38th Avenue and Sheridan Blvd; and
WHEREAS, a First Amendment to the Development Agreement was approved
on July 22, 2002 allowing for the construction of a fueling station on the parcel; and
WHEREAS, the Development Agreement provided for the parcel to be
transferred to the developer upon compliance with certain conditions; and
WHEREAS, the Council has previously adopted an ordinance approving the
property transfer in accordance with the Home Rule Charter; and
WHEREAS, the developer has satisfied all requirements of the Development
Agreement; and
WHEREAS, now that such requirements have been performed, the Development
Agreement may be terminated; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows:
Section 1.
The 1995 Development Agreement between the City of Wheat Ridge and 38th &
Sheridan, ltd. and Dillon Companies, as amended, is hereby terminated, and the
Mayor, City Clerk and City Attorney are authorized and directed to prepare and
execute such instruments as are necessary to effect the same.
DONE AND RESOLVED this 25th Day of January, 2016.
Joyce Jay, Mayor
ATTEST:
Janelle Shaver, City Clerk
Attachment 1
DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT is dated this 28th day of April, 1995,
("Effective Date") among the CITY OF WHEAT RIDGE, a Colorado Home
Rule Municipal Corporation (hereinafter referred to as the
"City"), 38TH & SHERIDAN LTD . PARTNERSHIP, a Colorado Limited
Partnership (hereinafter referred to as "Owner") and DILLON
COMPANIES, INC., a Kansas corporation doing business as KING
SOOPERS, INC. (hereinafter referred to as "King Soopers"),
together collectively referred to herein as the "Parties".
RECITaLS
WHEREAS, Owner owns certain real property and improvements
thereon located at 5305 38th Avenue, Wheat Ridge, Colorado,
which is a neighborhood shopping center known as Ridge
Village Shopping Center ("Shopping Center") the legal
description of which is set forth on Exhi bit A attached
hereto and made a part hereof ("Property"); and
WHEREAS, King Soopers is the anchor tenant of the Shopping
Center; and
WHEREAS, King Soopers desires to expand its current facility
by approximately 17,500 square feet; and
WHEREAS, the expansion of the King Soopers facility will
result in increased tax revenues for the City and projected
additional traffic on 38th and Sheridan; and
WHEREAS, the City, in anticipation of the projected
increased traffic count, as well as, the long term goal to
expand and improve the corner of 3Bth and Sheridan, has
agreed to acquire, by purchase or, if necessary, other legal
means, the property located at the northwest corner of 38th
and Sheridan, as more particularly described on Exhibit B
attached hereto and made a part hereof (hereinafter referred
to as the "Redevelopment Area"); and
WHEREAS, the parties have agreed that the Redevelopment Area
shall be developed and utilized in accordance with the terms
of this Agreement and that all future o~mers of the Property
shall be bound thereby; and
1
Attachment 2
WHEREAS, the par~ies have furthermore agreed that certain
modifications to the curb cuts on the Property are
necessitated as a result of the modifications made to 38th
and Sheridan; and
WrlEREP5, the parties desire to set forth their mutual
respons~bi lities and agreements with respect to
modifications to the Property and the Redevelopment Area;
NOW, THEREFORE, for good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
AGREEMENT
1. City's ~cquisition of the Redevelopment Area. The City
agrees chat it shall acquire by purchase or, if necessary,
other legal means, the Redevelopment Area from its current
owners. The City agrees to complete such acquisition by no
later than August 1, 1995. Any and all costs associated
wich the acquisition of the Redevelopment Area shall be the
sole responsibility of the City.
2. Demolition of Existing Improvements. The City agrees to use
its best efforts to .demolish and remove, on or before Augus c
1, 1995, the existing improvements located on the
Redevelopment Area. Any and all costs associat ed with such
demolition and removal shall be the sole responsibility of
the City.
3. Construction of ImproyPments on Redoyelonment Area. The
City agrees that it shall use its best efforts to:
a. Right-of-Way . On or before March 1, 1996 (weather
permitting) construct the improvements to the right-of-
wa y along 38th and Sheridan Streets, including the
acceleration and deceleration lanes, side walks, curbs
and gutters, all as more pa~ticularly described on
Exhibit c attached hereto and made a part hereof; and
b. RedevPlopment Area. On or before August 1, 1995 pave,
with asphalt, the remaining portion of the
Redevelopment Area, stripe same for parking and install
appropriate lighting commensurate with existing
lighting on th~ Property.
2
Any and all costs and expenses associated with such construction
of the right-of-way improvements and the improvements on the
balance of the Redevelopment Area shall be the sole
responsibility of the City, except that Owner shall reimburse
City for paving and striping costs incurred by the City in the
remaining portion of the Redevelopment Area . City agrees to
provide Owner with appropriate invoices depicting actual costs
incurred which Owner shall pay within thirty (30) days after
receipt. The City agrees to use its best efforts to mini.mize the
portion of the Redevelopment Area required for the right-of-way
and maximize the portion of the redevelopment Area available for
parking.
4 . Modifications to Cyrb Cuts . o~~er agrees that the current
curb cut and entry way to the Shopping Center located on
Sheridan, in closest proximity to 39th, shall be moved as
set· forth on Exhibit D attached hereto and made a part
hereof. The City agrees to pay for any and all costs of
relocating the curb cut, including, but not limited to,
concrete removal, concrete replacement, asphalt removal and
asphalt replacement and re-striping of those parking areas
affected by the change in curb cut .
5. Minimize Djsp1ptjon. The City agrees to use its best
efforts to minimize any disruption to patrons, tenants,
invites, King Soopers and Owner of the Shopping Center
during any period of construction. In the event any current
means of ingress or egress is required to be restricted or
terminated, the City agrees to provide Owner and King
Soopers with at least ten (10) business days advance notice.
6. Variances. The parties agree that variances from applicable
City land use requirements concerning parking and setbacks
may be desirable or required to accommodate the proposed
King Soopers expansion. Owner and/or King Soopers shall be
responsible for making the pursing proper application for
such variances. The City shall support such applications
and urge their prompt hearing and approval by the Board of
Adjustment, but the City cannot and does not guarantee that
the Board of Adjustment will approve such applications. The
Parties understand and agree that review of variance
applications by the Board of Adjustment is a quasi-judicial
function.
7. Ground Lease. The City agrees to lease the parking spaces
located within the Redevelopment Area to Owner, its
successors and assigns, for a term equal to the King Soopers
Lease and any additional option periods, commencing on the
date such improvements to the Redevelopment Area have been
3
completed for a total rental of $10 .00 ("Ground Lease") for
the entire term. ~~y and all costs of maintaining the
parking spaces within the Redevelopment Area, including,
without limitation, costs for repaving, painting striping,
snow removal and related items which shall be the
responsibility of the Owner during the term of the Ground
Lease. Such responsibilities shall include capital
reconstruction and repair to maintain the Redevelopment Area
in the same condition as the Shopping Center parking lot.
It is the intention of t he Parties that Owner shall be
responsible for all costs of operation aod maintenance of
the Redevelopment Area, of whatever kind or nature,
throughout the entire term of the Ground Lease. Owner
hereby agrees to indemnify and hold harmless the City from
and against any and all claims, and any and all damages,
injuries or including costs and attorneys ' fees, arising out
of or in any manner related to the Redevelopment Area.
Owner shall continuously maintain liability insurance
covering the Redevelopment Area, naming the City as an
insured party thereon, in amounts and coverages no less than
any policy or policies of insurance main~ained for the
balance of the Shopping Center parking lot. Because of the
potential for extensions to the original lease agreement,
the City requires 1:he O\..Jner to provide it with any and all
extensions, amendments and/or modifications and any and all
written notices of King Soopers intention to exercise its
options to renew its lease.
S. col lateral Assignment of Ground Lease . The City
acknowledges that the Shopping Center is currently subject
to a certain first deed of trust for the benefit of
Commonwealth Life Insurance Company, a Kentucky corporation
and Peoples Security Life Insurance Company, a North
Carolina corporation (collectively "Lender"). The City
agrees that Owner may collaterally assign the Ground Lease
to Lender or any further lender as additional security for
Owner 's current and any future obligations.
9. Temporary Con~tructjon Easement. Owner agrees to provide
the City with a temporary construction easement across the
Property for purposes of completing the modifications to the
right-of-ways and any relocation of utilities associated
therewith, as permitted hereby. Such easement shall be in
locations and widths to be mutually agreed upon for ingress
and egress for engineering, inspection and construction
purposes. Such temporary easement shall automatically
terminate upon completion of the right-of-ways and the
improvements on the Redevelopment Area.
4
10. Landscaping. The City agrees to install landscaping, in
appropriate locations of the redevelopment area. Owner shall
annually during the period of the Ground Lease, reimburse
the City for the City's cost to maintain such landscaping.
11. Utilities. To the extent that any existing utilities must
be relocated as a result of the reconfiguration of the
rights-of-way or the Redevelopment Area, the City agrees to
complete such relocations at its sole cost and expense.
12. King Soopers' EKQansion. Subject to and conditioned upon
the City's performance hereunder and the Owner 's performance
hereunder and under that certain Third F~endment to Lease, a
copy of which is attached hereto as Exhibit E and made a
part hereof, King Soopers agrees to commence its expansion
by no later than October 1, 1995 and to diligently pursue
completion thereof.
13. Terminatj gn gf Tenancies . Owner and King Soopers
acknowledge and agree that City shall have no responsibility
to participate in any required payments to tenants of the
Shopping Center for termination of leases or relocation
costs resulting from King Sooper's expansion.
14. Lender Consent. Within thirty (30) days after the Effecti ve
Date of this Agreement, Owner shall procure in form and
content reasonably satisfactory to City and King Soopers, a
written consent from Lender for this Agreement and an
acknowledgement by Lender to be bound by the terms hereof.
In the event such consent is not obtained within that time
(or within such additional time as the Parties, by written
amendment hereof may agree), this Agreement shall be null,
void and of no effect.
15. Cgvenants Running with the Land Recordina. The ~arties
intend that the benefits and burdens created by this
Agreement shall be restrictive covenants running with the
land and binding the parties hereto, their successors and
assigns and all future owners of the Property. To that end,
this Agree.ment shall be filed for record with the Clerk and
Recorder of Jefferson County, Colorado.
16. Amendment gr Termination gf this Agreement. Other than as
provided at Paragraph 14, and subject to Subparagraph 19(m),
hereof this Agreement may be amended or terminated only by
an instrument in writing signed by all Parties hereto or
their duly authorized successors or assigns.
5
.·
17. Maximum amount to.b2 expended by the City. Not-with-
standing any provision in this agreement, the City shall
only expend a maximum total sum of $800,000 to fulfill its
obligations under this agreement. Any costs in excess of
the aforementioned $800,000 must gain prior approval and
authorization of the expenditure by City Council .
18. Right to Purchase. Owner shall have the right to purchase
the entire parking area of the redevelopment area, for fair
ma rket value, at the time of exercise, at any time during
the term of the ground lease as described in paragraph 7 of
this agreement by providing a written notice of its intent
to exercise its right to purchase the parking area. Fair
market value shali be determined by the city on the basis of
an independently contracted MAI real property appraisal of
value. Owner shall acquire the property within a period of
180 days after its written notice of intent to exercise its
right to purchase .
19. Enforcement. The performance by the City, King Soopers or
Owner of their respective obligations set out in this
Agreement shall be in strict compliance with all applicable
laws and the rules and regulations of all governmental
agencies, municipal, county, state and federal, having
jurisdiction. This Agreement may be enforced according to
its terms by the City, King Soopers or Owner by an action at
law, and/or in equity, by decree of specific performance,
injunctive relief, damages and/or pursuant to such other
legal and/or equitable relief as may be available under
Colorado law .
20. Notices. All notices hereunder shall be given to the
following by hand delivery or by certified mail, return
receipt requested:
CITY:
Mayor of the City of Wheat Ridge
7500 West 29th Avenue
P.O. Box 638
Wheat Ridge, CO 80034
Copy to:
The Wheat Ridge City Administrator
7500 West 29th Avenue
6
OWNER :
P .O. Box 638
Wheat Ri dge, CO
Copy to:
80034
Gerald E. Dahl
Gorsuch Klrgis, L.L.C.
P.O. Box 17180
Denver, CO 80217-0180
Robert E. Perry and Jeffrey W. Bailey
38th & Sh eridan Ltd. Partnership
6500 S. Quebec, #300
Englewood, CO 80111
Copy to:
Robert Preeo
Elrod, Katz, Preeo, Look, Milson & Silverman,
P.C.
1120 Lincoln Street, Suite 1100
Denver, CO 80203
KING SOOPERS:
Robert Letcher
Director of Store Services
65 Tejon Street
Denver, CO 80223
Russ Dispense
Vice President of Real Estate
65 Tejon Street
Denver, CO 80223
Copy to:
James J. Soran, III, Esq .
Montgomery Little & McGrew, P.c .
5445 DTC Parkway, Suite 800
Englewood, CO 80111
Any party hereto may designate in writing, from time to
time, the address of substitute or supplementary persons to
receive such notices. The effective date of service of any
such notice shall be the date such notice is deposited in
the mail or hand delivered to the City, King Soopers or
Owner.
7
21. Standard Contract Provi sions. The following standard
contract provisions shall apply to this Agreement :
a. Authority of City. This Agreement is expressly subject
to and shall not be or be come effective or binding on
the City until approved by the Wheat Ridge City Council
and fully executed by all signatories of the City of
Wheat Ridge.
b. Authoritv of 0\vner. Owner and the person executing
this Agreement on behalf of Owner warrants that Owner
is a limited partnership duly formed under the laws of
the state of Colorado and that the governing documents
of Owner authorize Owner and the person executing this
Agreement on behal! of Owner to enter into this
Agreement and to consummate the transactions
contemplated hereby.
c. Authority of Kino Soopers . King Soopers and the person
executing this Agreement on behalf of King Soopers
warrants that King Soopers is a corporation duly
authorized to do business in Colorado and that the
governing documents of King Soopers authorizes King
Soopers and the person executing this Agreement, on
behalf of King Soopers, to enter into this Agreement
a nd to consummate the transactions contemplated hereby.
d. Force Mai eure. No party shall be liable for failure to
perform hereunder if such failure is the result of any
cause beyond the reasonable control of such party, and
any time lLmit expressed in this Agreement shall be
extended for the period of any delay from any cause
beyond the reasonable control of the party required to
perform within such time limit. This provision shall
include delays incurred by the City from encountering
hazardous substances in the Redevelopment Area, Such
delays resulting from soil contamination shall not
exceed 45 days.
e. Time of the Essence. Except as provided under t he
section of this Agreement entitled "Force Majeure",
time shall be of the essence with respect to
performance required under this Agreement.
8
f. Severability. If any provision of this Agreement shall
be declared by a court of competent jurisdiction to be
invalid, illegal or unenforceable, it shall not affect
or impair the validity, legality or enforceability of
any other provision of this Agreement, and there shall
be substituted for the affected provision a valid and
enforceable provision as similar as possible to the
affected provision.
g. Captions for Convenience. All headings and captions
used herein are for convenience only and are of no
meaning in the interpretation of this Agreement.
h. Applicable Law. This Agreement shall be interpreted
and enforced according to the laws of the state of
Colorado. The parties agree that any action brought
with respect to this Agreement shall be brought and
maintained in the district court of Jefferson County,
State of Colorado.
i. Recitals and Exhibits Incorporated. All recitals and
exhibits to this Agreement are incorporated herein and
made a part hereof.
j . Costs of Leqal Proceedings. In the event that any
party institutes legal proceedings with respect to this
Agreement, to the extent permitted by law the
prevailing party or parties shall be entitled to
recover, in addition to any other relief to which it is
entitled, its costs and expenses incurred in connection
with such legal proceedings, including, without
limitation, reasonable attorneys' fees.
k. Exculpation . The Owner of any portion of the Property
shall not be personally liable for the performance of
this Agreement after the Owner has conveyed its
interests in the burdened Property to a subsequent
owner. Any subsequent Owner shall be subject to the
terms and conditions set forth herein.
1 . Assignment. This agreement shall inure to the benefit
of and shall bind the successors and assigns of the
Par ties .
9
m. Compliance with 8mendment OnP. It is the intention of
the Parties to comply with the provisions of Article X,
Section 20 of the Colorado Constitution, "Jl.rnendment
One" as adopted by the voters on November 3, 1992 . To
that end, all obligations of the City herein are
specifically understood and agreed by the Parties to be
subject to annual appropriation. This Agreement does
not create any multi year fiscal obligation of the
City.
IN WITNESS WB£REOF, the parties hereto have caused this
i nstrument to be executed as of the day and year first above
written.
CITY:
ATTEST:
17
d ,'
( .
By : ..0J.ItvL:·~ ! ha,.~· ~ I c Wanda Sang City Clerk ~
FORl-1:
CITY OF WHEAT RIDGE
By:
Dan Wi lde, Mayor
RECOMMENDED AND APPROVED:
By:
Robert
v1o rks
10
OWNER:
38TH & SHERIDP .. N LTD.
PART~~RSHIP, A Colorado Limited
Partnership
By : Perry & Bailey Limited
Liability Company , a
Wyoming Limited Liability
Camp~, Ge~~tner
By:~~
Robert E. Perry
Managing Member
I /j·' \
By: . [_A·' /! /~ \ .· C ..... ~<l
J~r7p W. Baf~1Y
Manag1.ng Membe~··
KING SOOPERS:
Dillon Companies, Inc.
a Kansas Corporation
dba King Soopers, Inc.
By:~~p~ .....;;;>
Its: 1/·:r.
11
9/eJteooe 13:SOr21 POa 001-00J -1 0 RttEPTlOIIIIO. F"157036'• ~() ~
PAGE FEE: 16.00 DOC.FEE: 0.00 RECORDED IN JEFFERSON COUNTY, COLORADO
FIRST AMENDMENT TO DEY'ELOP}\iJtNT AGREEMENT".
/
/ .. " r This First Amendment to Develop1nent Agreement ("First Amendment") is .dated /-3 (j}JV this 22nd day of July, 2002 ("Effective Date'') among the City of Wheat Ridge, a
Colorado Home Rule Municipal Corporation (hereinafter referred to as the ("City'') 381h
& SHERIDAN LTD. PARTNERSHIP, a Colorado Limited Partnership (hereinaft.er
rofcrrcd to as "Owner") and DILLON COMPANIES, INC., a Kansas Corporation,. doing
business as KING SOOPERS, INC. (hereinafter referred to as "King Soopers"), together
colleotivmly mfcrrcd to heroin 115 the "Parties. 11
RECJTALS
WHEREAS, tho City, Owner and King Soopm entered into a certain
Development Agroemont dated Apri128, 1995 ("Development Agr=me:nt") ~n~mmg a
n~borhood shopping center known as Ridge Village Shopping Center located at 5305
38 Avenue, Wheat Ridge, Colorado ("Shopping Conter")i and
WliBREAS, the Development Agreement provided in part for a ground lease to
the Owner ("Gto~d Louo'') of certain properties consisting of p~ spaces located
with a Redevelopment Area (''Ground Le-ase Premises") (as defined in the Development
Agreement) to the Owner; and
WHEREAS, King Soope.rs d..es.ircs to construct and operate a fuel facility for the
retail sale of guollne and related pettololllll baso products (''Pucl Facility"), the loctltion
of which is depicted on Exhibit "A" attached hereto md made a part hcreof ("Fuel
Facility Location11); and
WHEREAS, a portion of the Fuel Facility would be located on the Ground Lease
Premises; and
WHEREAS, in consideration of King Soopers ability to build and operate the
Fuel Facility. it i& willing to cxtc.nd the tetm of its lcue in the ShopPing Center ("King
Soopers LeasG"), resulting in a new expiration date twenty (20) years form the open date
of tho Fuel Facility Location ("Lease ExteMion''); and
WHBREAS, development of the Fuel Facility Loe2.tion requires certain
mocllfications to the Development Agreement; and
WHEREAS, the Parties desire to Amend tbe Developmcmt Agreement a& more
fully set forth herein;
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties hereto agree aa follows:
1. Ground Leasp. The provisions of Section 7 of the Development Agreement &hall be
amended by adding the following &ubsc:otiom 7 A. and B. as follows:
OSD\53027\416301.04
.. .,
A. w . Subject to the terms and conditions set forth heroin, the City agrees /')
that in addition to the use of the Ground Lease Prcmise11 as parking spaces. r
Owner is granted the right to construGt, operate and maintain a Fuel Facility for
the retail selo of gasoline and related petroleum basod products on the Fuel
Facility Location, as depicted on Exhibit "A" hereof. King Soopers' rights to
c-omplete the improvements on the Fuel Facility shall be subject to site plan and
ose approval by the City, as well as, obtaining aU necessary pcrmita, including,
but not limited tn, any required special use pcmnit and bllllding pormit for the
improvements from all appropriate government agencies. Any and all c;osts
associated with construction of the improvements on tbc Fuel Faoility Location
and eny and all liability and responsibility for cleanup and/or remediation of any
fuel spill during its operation. shall be the sole respcmsibility of the Owner and/or
King . Soopers. The Parties understand and Bif'C:l thnt review of varian::e
e.pplications by the Board of Adju.stment is a quasi-judicial fUnction.
B. Removal. In the event the King SoopCIS Lease in tho Shopping Center is
tcrminoted, OwDer and/or K.ins Soopers shall bo re.spcmsible for the removal of
any and all i.mprov~ constructed on the Ground Lease Premises purauant to
7 A. above. and shall restore the Ground Lease Premises to paddng spaco&: Any
end all costs or expenses associated with . such removal shall be the sole
responsibility of the Owner or King Soopers. Without lipl.iting the generality of
the foregoing, Owner and/or King Soopers shall remove and remcdiate all fUel
tanks, lines and hazardo-ui materials, substances. and contamination of soil or
groundwater occurring or caused in any way by the Fuel Facility. lt is the
inteotioo of the Parties that the indemnity con.tained in Paragraph 7 fully extends
to all such fa.cilities 211d substlllloe&.
2. Right to Purchase. In the event Owner exercises Its right to purchase the Ground
Lease Demised Premises p\lm18Dt to Section 18 of the Development Agreement, the
determiDation of fnir market value, at the time of the exercise, shall not include any
improvements made to the Fud Facility Locntion.
3. Capitalized T!IDils. Any capitalized terms not otherwise defined herein sba.ll have the
same meanine as set forth in the Development Agreement.
4. Ratification. Subjeet to the modifications set forth herein, the Development
Agreement is hereby ratified and approved.
IN WITNESS WHEREOF, the Parties hereto have cause.d this insttumcnt to be
executed as of the day and year first above written.
CITY:
0EJ)\S3027\41630R.04
..
..
OWNER:
OE0\5302~ 16108.0o4
38™ & SHERIDAN LTD. PARTNERSHIP
a Colorado Limited Partnership
By: Perry & Bailey Limited Liability Company,
a Wyoming Limited Liability Company) rr:P-« /1
By:_...:!~""---..::::. __ (_.;:_ v--__ _
Robert E. Perry
Managing Member
By:6~~fj/ :Jeffre · . Bail Man~=
KING SOOPERS:
Dinan Companies, Inc., a Kansas Corporation
d/b/a King Soopers, Inc.
By: £:..-~2?? Its: __________ L.i------
OWNER
EXHIBIT
W. 38TH. AVE
BASIS OF llfNIHC
CURB CUT
n
SCCTION CORNER +
"A"
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER MANCINELLI
Council Bill No. '\0-2002
Ordinance No. 1250
Series of 2002
TITLE: AN ORDINANCE APPROVING THE SALE OF CITY -OWNED
PROPERTY LOCATED NEAR THE INTERSECTION OF 38TH
AVENUE AND SHERIDAN BOULEVARD
WHEREAS, the City owns certain property within the City near the intersection of
38th Avenue and Sheridan Boulevard, which property is located in the south east comer
of the existing parking lot of the Ridge Shopping Center \'Property"); and
WHEREAS, the Property is currentiy leased to the owner of the Ridge Shopping
Center, 38th & Sheridan L TO. Partnership ("Partnership"), and used for parking
purposes; and
WHEREAS, the Partnership has asked the City to convey the Property to the
Partnership to facilitate the securing of financing for and construction of a gas station
located partially on the Property; and
WHEREAS, Section 16.5 of the Charter authorizes disposal of City-owned real
property by ordinance approved by three-fourths of the entire City Council; and
WHEREAS, the Council finds and determines that sales of gas and other items
at a gas station located partially on the Property will generate saJes tax revenue for the
City of Wheat Ridge; and
WHEREAS, the Council wishes to approve the sale of the Property to the
Partnership for the use of the Property as a gas station.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Sale of Propertx..fDprgved.
The City Council hereby ap.rroves the sale of the City-owned real property
located near the intersection of 38 Avenue and Sheridan Avenue within the City of
Wheat Ridge and currently leased to the 3Btn & Sheridan L TO Partnership, to the 38"' &
Sheridan LTD Partnership, for the purchase price often dollars ($10.00), subject to the
terms and conditions set forth in this Ordinance and In the Special Warranty Deed,
attached hereto as Exhibit 1 and incorporated by thls reference
CNB\53027'.402834.01 1
Attachment 3
Section 2. Survev ordered.
The 38th & Sheridan LTD Partnership, the proposed grantee, shall obtain. at its
own cost, an accurate legal description of the property to be conveyed by Exhibit 1,
prepared by a surveyor certified by the state of Colorado. Exhibit 1 shall not be
executed by the City unless and until such legal description has been provided by the
Partnership and approved by the City Attorney
S.ction 3. The City Council hereby authorizes and directs the Mayor and City
Clerk to execute Exhibit 1. after a legal description has been provided by the
Partnership and approved by the City Attorney pursuant to Section 2 of this Ordinance
Section 4. Safetv Clause The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the City
of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public
and that this Ordinance is necessary for the preservation of health and safety and for
the protection of public convenience and welfare The City Council further determines
that the Ordinance bears a rational relation to the proper legislative object sought to be
attained.
Section 5. 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 6. Effective Date This Ordinance shall take effect upon adoption, as
permitted by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 11th day of March, 2002, 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 March 25, 2002, at 1·00 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 6 to 0 • this 25th day of March , 2002
SIGNED by the Mayor on this 2nd day of --=A~p;.;;.r..;:;..il=--------· 2002.
CNB\53027\40283<4.01 2
~~
Gerald E. Dahl, City Attorney
First Publication March 14, 2002
Second Publication. April 4, 2002
Wheat Ridge Transcript:----::--:-::---,.,..~---Effective Date March 25, 2002
CNB\53027\402834 01 3
EXHIBIT 1 : FORM OF DEED
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED IS made and given th1s day of
___ , 2002, by THE CITY OF WHEAT RIDGE, COLORADO, a Colorado
mun1cipal corporation whose address is 7500 W . 291h Avenue, Wheat Ridge,
Colorado 80215 ("Grantor"), to 38TH & SHERIDAN, LTD .• a partnership organized
and existing under and by virtue of 1he laws of the State of Colorado, whose
address is 6500 South Quebec, Suite 300, Englewood, Colorado, 80111
("Grantee")
WITNESSETH. that Grantor for and in consideration of Ten Dollars ($10.00)
and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convey and confirm unto Grantee, its successors
and assigns forever, that rea l property, together with any improvements thereon,
situate in the City of Wheat Ridge, County of Jefferson, State of Colorado, more
particularly described on Exhibit A, attached hereto and incorporated herein by
reference (the "Property"), and warrants title to the same against all persons
claiming under the Grantor, subject to any and all easements, liens, encumbrances.
and any other matters of record.
TOGETHER WITH all and singular the hereditaments and appurtenances
thereto belonging or anywise appertaining, and the reversion and reversions,
remainder and remainders, rents, issues and profits thereof; and all the estate,
right, title, interest, claim and demand whatsoever of Grantor, either in law or
equity, of, in and to the Property; SUBJECT TO all taxes and assessments,
reservations, easements. rights of way, encumbrances, liens, covenants,
conditions, restrictions. obligations and liabilities as may appear of record and all
matters which an accurate survey of the Property or a physical inspection of the
Property would disclose
TO HAVE AND TO HOLD the Property unto Grantee, its respective
successors and assigns forever, subject to the matters herein stated; and Grantor
does hereby bind itself and its successors and assigns to WARRANT AND DEFEND
all and singular the Property in the quiet and peaceable possession of Grantee, its
successors and assigns, against every person lawfully claiming by, through, or
under Grantor, but not otherwise; provided, that this conveyance and the warranty
of Grantor herein contained are expressly limited to the covenants stated herein
and exclude all covenants arising or to arise by statutory or other implication
PROVIDED, HOWEVER that title to the Property shall revert to Grantor, and
this deed shall be null and void, upon the happening of any of the following events
( 1 ) the City of Wheat Ridge disapproves a special use permit applic ation t o locate
CNB\53027\402766 02
and operate a motor fueling station on the Property; (2) a specral use permit 1ssued
by the City of Wheat Ridge to locate and operate a motor fueling station on the
Property is revoked; (3) the Property is primarily used for a purpose other than as a
motor fueling station; or (4) in the event Kroeger Foods (King Soopers) ceases to
marntarn its 24 hour per day retail grocery operat1on, wrth no less than 60,000
square feet devoted to the same, on the Property at any time prior to January 1,
2022, for any reason, excepting only closures of less than three (3) months
duration for reconstruction, remodeling, national holidays, or changes in store hours
which are no different than the majority of Kroeger Foods retail grocery st ores in
the Denver metropolitan area. It is the intention of Grantor that any and all of
Grantor's reversionary interests in the Property created by this Deed must vest, if
at all , not later than fifty (50) years after the date of execution of this Deed.
IN WITNESS WHEREOF. Grantor has executed this Special Warranty Deed on
the day and year first written above
THE CITY OF WHEAT RIDGE, COLORADO
ATTEST:
Wanda Sang, City-
CNB\53027\402766.02 2
CNB\53027\402766 02
EXHIBIT A
legal Description
(Attached]
.... ~ ~ . .. _ " City of
JP'WheatRi_dge
ITEM NO:~
DATE: January 25, 2016
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 08-2016 --A RESOLUTION AMENDING
THE FISCAL YEAR 2016 CAPITAL INVESTMENT
PROGRAM BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE
AMOUNT OF $165,785 FOR THE PURPOSE OF PROVIDING
ADDITIONAL FUNDING FOR THE TABOR STREET
RECONSTRUCTION PROJECT AND AWARDING THE
CONTRACT TO DURAN EXCAVATING, INC., GREELEY,
CO, IN THE AMOUNT OF $872,202
D PUBLIC HEARING D BIDS/MOTIONS
(8] RESOLUTIONS
QUASl-JUDlClAL:
ISSUE:
D ORDINANCES FOR I ST READING
0 ORDINANCES FOR 2 ° READING
D YES
The City of Wheat Ridge, a Gold Line partner, was selected to receive federal funding for access
and safety improvements to Tabor Street from the 1-70 Frontage Road North to Ridge Road.
Funding was provided through the Regional Transportation Djstrict (RTD) and the Denver
Regional Council of Governments (DRCOG) Transportation Improvement Program (TIP). The
fundin g will facilitate a project to widen and improve Tabor Street and also provide bike and
pedestrian access to the commuter rail station at Ward Road. Specifically, the City is planning to
improve Tabor Street via enhanced construction and restriping between the l-70 Frontage Road
North and Ridge Road in preparation for the Gold Line Station opening.
On November 10, 2015. three bids were received and opened for the project. The bids were
signjf'icantly higher than expected and two of the bids contained improper or missing
documentation. As a result, staff made slight adjustments to the bid package, and re-bid the
Council Action Fonn -SBA for Tabor Street Reconstruction
January 25.2016
Page2
project. Adjustments included separating out some bid items as optional (such as lighting) so
that in the event the bids remained high, alternatives could be considered.
On December 22, 2015. three bids were received. One bid was disqualified because required
forms were incomplete. The apparent low bidder was Duran Excavating, Inc., Greeley, CO, with
a base bid of$751 ,8 13.
The company's references and experience were evaluated by Public Works staff as a basis for
recommendation. As a result, staff recommends award of the project to the lowest responsive and
responsible bidder, Duran Excavating, Inc., in the base bid amount of$751 ,8 13, or $872,202,
including pedestrian lighting. An explanation and specific recommendation is provided later in
this report.
PRIOR ACTION:
On March 22, 2014, the City Council approved an Intergovernmental Agreement (JGA) with
RTD to assist in advancing the project process. and assigning responsibilities and obligations to
each agency.
On August 25,20 14, the City Council awarded a contract to consultant H.C. Peck to
assist the City in identify ing specific right-of-way acquisition needs.
On October 27, 201 4, the City Council approved a resolution authorizing conunencement of the
right-of-way acquisition procedure.
On December 14, 2015, the City Council approved a resolution accepting right-of-way and
easements for three properties in the project segment.
FINANCIAL IMPACT:
The funding for this project is provided by a grant from RTD in the amount of $740,228. The
funding arrangement requires that the City fund the project costs and seek reimbursement of
expenses as they occur. Funding for this program has been approved in the Gold Line Station
Street Project of the 2015 Capital Investment Program Budget in the amount of $740,000. The
City is required to fund the remainder of the project costs that consist primarily of reconstruction
of the street north of 49111 Avenue. As a result, an additionaJ $300,000 was allocated in the 2015
budget to cover the City's share of the costs, resulting in an initial estimated project budget of
$1 ,040,228.
BACKGROUND:
In 2004, voters approved the FasTracks plan which directed RTD to construct light rail and
commuter rail transit services, Lines, related stations, maintenance facilities and enhanced bus
service throughout the Regional Transportation District. The Gold Line was identified as one of
five corridors in the plan and is currently under construction. The local agencies through which
the Gold Line is being constructed are: Denver, Arvada, Wheat Ridge, and Adams County.
Council Action Form-SBA for Tabor Street Reconstruction
January 25, 2016
Page 3
Wheat Ridge and RTD jointly agreed, along with the other Gold Line Partners, to the allocation
of$740,228 of those DRCOG TIP funds to Wheat Ridge for its performance of certain base
improvements as part of the Gold!NWES corridor project. More specifically, these
improvements are designated for Tabor Street in the vicinity of th e Ward Road Station. Tabor
Street serves as the key local access from the south since the rail line serves as a barrier that
prohibits all adjacent access to the station. This improved street will provide users with better
access to the station from existing and future developments immediately south of the rail line and
the broader nearby area. Thus, it is crucial that Tabor Street be upgraded to accommodate all
modes of transportation to access the station. This project will provide new bike lanes,
continuous sidewalks, and lighting north of 491h Avenue. Specific improvements on Tabor Street
consist of reconstruction between railroad right-of-way and 49111 A venue and restriping of the
south segment.
An IGA was executed between the City of Wheat Ridge and RTD which provided funding to
Wheat Ridge in the amount of $740,228 in Federal Highway Administration (FHWA) funds.
These funds were then transferred by the FHW A to the Federal Transportation Authority (FT A)
to be administered by DRCOG through RTD for Wheat Ridge's improvements. The funds are
intended to help enhance the unimproved land surrounding the rai l line at Ward Road Station and
Tabor Street and provide additional access and safety improvements adjacent to the area. Right-
of-way acqui sition is needed to allow the street improvements.
The City is responsible for completing the construction plans and obtaini ng all required
clearances for utilities and right-of-way acquisitions. RTD administers the project's federal
funding, while the City manages the project design and construction. The professional fi rm of
HC Peck and Associates, who specializes in right-of-way acquisition for public purposes, has
been utilized by the City in the acquisition process.
To date, ri ghts-of-way and easements have been acquired for all properties but one. An
agreement has been reached wi th the remaining property, with a closing date of January 29,
2016. The formal final acceptance of the remaining rights-of-way will be brought to Counci l at
the next available meeting.
CONSIDERATIONS AN.D NEXT STEPS:
As previously mentioned, bids fo r the ITB-15-0 I Tabor Street Improvement Project were
soli cited twice because the bids in the first round came in high. Both bid solicitations yielded bid
prices above original engineering estimates. Essentially, prices received in the second bid
solicitation were nearly identical to those received in the first. With the improved economy of
the last two to three years, bids for construction projects of this nature have become less
competiti ve, with fewer bidders and higher prices. Other municipalities and agencies, incl uding
CDOT, have also experienced this trend.
Three bids were received for the second round and one was disqualified due to an incomplete
submittal of req uired forms. Two bids met the initial bid requirements and are above the original
estimated construction budget as follows:
Council Action Form -SBA for Tabor Street Reconstruction
January 25,2016
Pagc4
Base Bid -Street reconstruction, storm sewer installation, sidewalk and buffer landscaping
Alternate I-Pedestrian Lighting installation
Bid Ranges Original Estimated Construction Budget
Base Bid: $751,8 13.00-$870,1 5 1.20 $649,718.00
Alternates:
#I $120,389.00-$13 1,665.00 $1 I 6,320.00
Staff has evaluated the bid results and weighted options to recommend a project to award, based
on costs and whether to include the alternative bid (pedestrian lighting).
Recognizing that the improvement is necessary to provide an appropriate roadway facility for all
transportation users to safely access the rail station, lighting has been considered necessary for
pedestrians and bicyclists under nighttime conditions. As a result, staff recommends that the base
bid and bid alternative be awarded to allow for the full improvement, provided Council is
amenable to appropriating additional funds. Should the Bid Alternate 1 (pedestrian lighting) not
be included in the project award, staff recommends that minor additional funds be added to the
project to install electrical conduit and junction boxes for future separate light installation at a
cost of $28,000.
A I 0% contingency amount is also requested to cover the cost of items related to the project,
such as unanticipated construction issues and force accounts (extra work). This contingency
amount is typical for construction projects of this nature.
Staff assessed the criteria fo r the 1% contribution to the Public A1t Fund per ordinance 15-02.
and determined that the project is within an urban renewal area; therefore an allocation of I% of
project cost is required.
Below is a cost summary with the discussed options for consideration. The additional budget
appropriation needed also considers the amount expended to date and total estimated cost for
final right-of-way acquisition and consulting fees.
Options Project Cost Ped Lgt Rdy I 0% Contg. Public Art Budget Appropriation
I:BaseonJy $75 1,813.00 $28.000.00 $75.181.30 $7,593.31 $60,228.19
2: Base+Alt I $872,202.00 $87.220.20 5>8,722.02 $I 65,785.10
The lowest responsible and responsive bidder, Duran Excavating. Inc., Greeley, CO, has met the
bid and qualification requirements. Based upon the contractor's demonstrated capabilities and
experience. staff recommends awarding a contract to Duran Excavating. Inc.
Council Action Fonn -SBA for Tabor Street Reconstruction
January25, 2016
Page 5
RECOMMENDATIONS:
Staff recommends that a contract be awarded to Duran Excavating, Inc., that includes the Base
Bid and Bid Alternate I as outlined above. Staff also recommends that $8,722 be transferred to
the Public Art Fund.
RECOMMEND ED MOTION:
"I move to approve Resolution No. 08-2016. a resolution amending the fiscal year 2016 Capital
Investment Program Budget to reflect the approval of a supplemental budget appropriation for
the purpose of providing $165,785 as additional funding for the Tabor Street Reconstruction and
awarding the contract to Duran Excavating, Inc., Greeley, CO, in the amount of $872,202.
I further move that a contingency amount of $87,220 be established and that the Director of
Public Works be authorized to issue change orders up to a total contract and contingency amount
of$959.422."
I further move to transfer $8,722 from the Capital Investment Fund to the Public Art Fund."
Or,
"I move to postpone indefinitely Resolution No. 08-2016. a resolution amending the fiscal year
2016 Capital Investment Program Budget to reflect the approval of a supplemental budget
appropriation in the amount of $165,785 for the purpose of providing additional funding for the
Tabor Street Reconstruction project and awarding the contract to Duran Excavating, Inc.,
Greeley, CO, in the amount of$872,202 for the following reason(s) ________ _
REPORT PREPARED/REVIEWED BY:
Mark Westberg, Project Supervisor
Steve Nguyen, Engineering Manager
Jennifer Nellis, Purchasing Agent
Scott Brink, Public Works Director
Patrick Goff, City Manager
ATTACHMENTS:
I. Resolution No. 08-2016
2. Bid Tab Sheet
3. Project Map
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. !!
Series of 2016
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2016 CAPITAL
INVESTMENT PROGRAM BUDGET TO REFLECT THE APPROVAL OF
A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF
$165,785 FOR THE PURPOSE OF PROVIDING ADDITIONAL FUNDING
FOR THE TABOR STREET RECONSTRUCTION AND AWARDING THE
CONTRACT TO DURAN EXCAVATING, INC., GREELEY, CO, IN THE
AMOUNT OF $872,202
WHEREAS, bids were opened for the Tabor Street Reconstruction project; and
WHEREAS, the City Council wishes to implement the Tabor Street reconstruction
improvements as part of the City's support of the completion of the Gold Line Commuter
Rail Corridor; and
WHEREAS, the City has been awarded a federal grant by the Federal
Transportation Authority through Denver Regional Council of Governments (DRCOG) and
the Regional Transportation District (RTD) to provide for the construction of this particular
street segment; and
WHEREAS, the City has selected, by an established process, a contractor to
perform the construction; and
WHEREAS, the 2016 CIP Budget must be amended to increase funding to provide
construction.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, that:
Section 1. Budget Amended. The City of Wheat Ridge fiscal year 2016 CIP
Budget be amended to transfer an amount of $165,785 from General Fund Reserves to
line item 30-303-800-860 for the Gold Line Station Street Improvement and adjust revenue
accordingly.
Section 2. Project Awarded. The Tabor Street Reconstruction is awarded to Duran
Excavating, Inc. in an amount of $872,202 to construct the project.
Section 3. This Resolution shall be effective immediately upon adoption.
DONE AND RESOLVED this __ day of _____ , 2016.
Joyce Jay, Mayor
ATTEST:
• Attachment 1
Janelle Shaver, City Clerk
RESO 001 2
Subject to review for complet~ness ~nd xcuracy
Tot•ls shown •s re•d.
PROJECT: ITB-15-34
REBID TABOR STREET RECONSTRUcnON
,. ~ • I
_rw£~~t~e
DUE DAT£/TIME: TUESDAY, DECEMBER 2l, 2015 BY 1 P.M. LOCAL TIME ~QUESTED BY: ST£VE NGUYEN, ENGINEERING MANAGER
OP£NED BY: JENNIFER NELUS, PURCHASING AGENT
ITNESSED BY: CJNDY RAJOLO, PURCHASING TECHNJCIAN
A.llOWED VENDOR (PRIME) Colt & Steel Concrete Express, Inc. Duran Excavatinc, Inc.
C.orporatJon
LOCATION Boulder, CO Denver, CO Greeley, CO
BIDDER AC)(NOWLEOGEMENT FORM Yes Yes Yes
ACKNOWLEDGE ADDENDUM (3) Yes Yes Yes
ATTENDED MANDATORY PRE-BID MEETING Yes Yes Yes
CONTRACTOR'S QUAUFICATtON FORM Yes Yes Yes
NON·DISCRIMINATION ASSURANCE FORM Yes Yes Yes
ILLEGAL AUEN COMPUANCE Yes Yes Yes
LIST OF SUB.CONTRACTORS Yes Yes Yes
•
NON-COLLUSION AFFADAVIT Yes Yes Yes I
BID BOND Yes Yes Yes i
DBE FORMS • APPENDIX B No Yes Yes i
PRICING SCHEDUlE Yes Yes Yes !
Disqualified -Non
SUBTOTAL PAGE 21 Responsive $ 148,413.70 $ 135,171.00
SUBTOTAL PAGE 22 s 347,310.50 s 302,570.00
SUBTOTAL PAGE 23 s 339,557.00 s 273,9U.OO
SUBTOTAL PAGE 24 s 34,870.00 s 40,160.00 !
ALTERNATE U -UGHTlNG s 131,665.00 s 120,389.00
TOTAL AMOUNT OF BID: $ -s 870,151.20 s 751,813.00 $ -s -
TOTAL BID WITH ALTERNATE 11 $ . $ 1,001.816.20 $ 872,202.00 $ -s -
pogel o/1
N .. c • E .t: u • :: c
~~·~ ... , ., City of • JP"Wheat~ge
ITEM NO:~
DATE: January 25,2016
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 9-2016 -A RESOLUTION APPROVING
AN AGREEMENT WITH THE URBAN DRAINAGE FLOOD
CONTROL DISTRICT REGARDING FUNDING OF MAJOR
DRAINAGEWAY PLANNING AND FLOOD HAZARD AREA
DELINEATION FOR SLOAN'S LAKE DRAINAGEWAY
AND TRIBUTARIES
D PUBLIC HEARING
D BIDS/MOTIONS
(2J RESOLUTIONS
D ORDINANCES FOR I ST READTNG D ORDINANCES FOR 2ND READING
QUASI-JUDICIAL: D YES orr{(.fL~
ISSUE:
The City of Wheat Ridge and adjacent communities associated with the Sloan's Lake Drainageway,
including Lakewood, Edgewater, and Denver, would like to update the drainage master plan and a flood
hazard area delineation report. To accomplish this £ask, an lntergovemmental Agreement (IGA) with
Urban Drainage Flood Control District (UDFCD) must be executed. The agreement will serve as a basis
for the District to administer the study and planning.
The update of the Sloan's Lake Drainageway Plartning and Flood Hazard Area Delineation
Study is necessary to provide guidance for properly addressing future improvements that would
prevent flooding and effectively regulate the fl oodplai n matters of this tributary basin. The lOA
requires the City to ftnan.ce its portion of the cost for plan development.
The estimated cost of the study is not to exceed $250,000, with the District financing 50% of the
total project. The City of Wheat Ridge is responsible for 8.5%, a proportionate share of the
study determined among the local agencies involved, which amounts to $17,000. Staff and the
City Attorney have reviewed the project scope and agreement and recommend approval by the
City Council.
Council Action Fom1-Sloan's Lake Drainage
January 25, 2016
Page2
PRIOR ACTION:
None
FINANCIAL IMPACT:
Funding for this program has been approved in the 2016 Budget, under the Capital Improvement
Program-Sloan's Lake MDP & FHAD Update, line item 30-303-800-836.
BACKGROUND:
UDFCD, along with Wheat Ridge, Lakewood, Edgewater, and Denver, want to update the
drainageway master plan and flood hazard area delineation (FHAD) repo1t for Sloan's Lake
drainageway and tributaries that was created in 1977. Many changes have occurred in this
tributary basin since then, making the existing plan obsolete. Most of the infrastructure proposed
in the original plan has been completed.
The master plan update is needed to assist in effectively managing and planning the City's
floodplain regulations and drainage improvements in this tributary area. The project provides
technical and professional advice and compiles infonnation evaluates, and studies and
recommends design solutions to address specific drainage issues. This infonnation can then be
utilized to plan for future improvements, as well as updated mapping, master planning and
published repo.rts and project data. Specificall y, this project wiU develop a drainageway master
plan including hydrologic infom1ation and the locations, alignments. and sizing of storm sewers,
channels, and detention/retention basins, regional water quality facilities, and other facilities and
appurtenances needed to provide efficient stonnwater drainage for the tributary basin.
Ln addition, the study will include the evaluation of all reasonable alternatives so that the most
feasible drainage and flood control master plan can be detem1ined and justified for the area.
Consideration shall be given to costs, existing and proposed land use, existing and proposed
drainage systems, known drainage or flooding problems, known or anticipated erosion problems,
stonnwater quality, right-of-way needs, existing wetlands and riparian zones, open space and
wi ldlife habitat benefits, and legal requirements. Schematic alternative plans shall be developed
so that comparison with other alternatives can be made.
Entity Allocation:
DISTRICT*
EDGEWATER*
DENVER
LAKEWOOD
WHEAT RIDGE
TOTAL
Master Plan
Percentage Share
50.00%
7.50%
21.50%
12.50%
8.50%
100.00%
Maximum
Contribution
$100,000
$15,000
$43,000
$25,000
$17,000
$200,000
FHAD
Contribution
$50,000
$50,000
CounciJ Acti on Fonn-Sloan's Lake Drainage
January 25. 2016
Page 3
•Funds secured under separate agreement.
RECOMMENDATIONS:
Staff recommends approving the agreement with Urban Drainage Flood Control District to fund
the Major Drainageway Planning and Flood Hazard Delineation for Sloan's Lake Drainageway
and Tributaries.
RECOMMENDED MOTION:
"I move to approve Resolution No. 9-20 16, a resolution approving an agreement with the Urban
Drainage Flood Control District for the Major Drainageway Planning and Flood Hazard
Delineation for Sloan's Lake drainageway and tributaries."
Or:
"I move to postpone indefinitely Resolution No. 9-2016, a resolution approving an agreement
with the Urban Drainage Flood Control District for the Major Drainageway Planning and Flood
Hazard Delineation for Sloan's Lake drainageway and tributaries fo r the following reason(s):
REPORT PREPARED/REVIEWED BY:
Mark Westberg, Projects Supervisor
Steve Nguyen, Engineering Manager
Scott Brink, Director of Public Works
Patrick Goff, City Manager
ATTACHMENTS:
I. Resolution No. 9-2016
2. UDFCD lGA No. 15-11.14
"
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. ~
Series of 2016
TITLE: A RESOLUTION APPROVING AN AGREEMENT WITH THE
URBAN DRAINAGE FLOOD CONTROL DISTRICT
REGARDING FUNDING OF MAJOR DRAINAGEWAY
PLANNING AND FLOOD HAZARD AREA DELINEANTION FOR
SLOAN'S LAKE DRAINAGEWAY AND TRIBUTARIES
WHEREAS, a standard agreement between Urban Drainage and Flood Control
District, City of Edgewater, City of Wheat Ridge, City and County of Denver and City of
Lakewood has been prepared regarding funding of Major Drainageway Planning and
Flood Hazard Area Delineation for Sloan's Lake Basin and Tributaries; and
WHEREAS, these entities recognize the need for a study update to reflect
changes that have occurred in the basin over the years since the origi nal plan was done
in 1977, and to accurately project flood limits; and
WHEREAS, the estimated cost of the study is $250 ,000, with the District financing 50%
of the total project; and
WHEREAS, the City of Wheat Ridge's portion of project funds contribution would
be 8.5% of the project cost in the amount of $17,000;
NOW, THEREFORE, BE IT RESOLVED by the City Co uncil of the City of
Wheat Ridge, Colorado, that:
Section 1. Agreement Approved.
The Agreement Regarding Funding Major Drainageway Planning and Flood Area
Delineation for Sloan's Lake Basin and Tributaries be approved.
Section 2. Effective Date ____ _
This Resolution shall be effective immediately upon adoption.
DONE AND RESOLVED this __ day of _____ , 2016.
Joyce Jay, Mayor
ATIEST:
Janelle Shaver, City Clerk
Attachment 1
AGREEMENT REGARDING FUN DING OF
MAJOR DRA INAGEWAY PLANNING AND
FLOOD HAZARD AREA DELINEATION FOR
SLOAN'S LAKE DRAINAGEWA Y AND TR IBUTARI ES
Agreement No. 15-1 I .14
THIS AGREEM ENT. made by and between URBAN DRAINAGE AND FLOOD CONTROL
DISTRICT (hereinafter called "D ISTRICT"), CITY AND COUNTY OF DENVER. a municipal
corporation of the State of Colorado (hereinafter called "DENVER"). CITY OF LAKEWOOD, a home
rule municipal corporation of the State of Colorado (hereinafter called "LAKEWOOD"), and CITY OF
WHEAT RIDGE (hereinafter called "WHEAT RIDGE"); (hereina fter DENVER, LAKEWOOD. and
WHEAT RIDGE shall be collecti ve ly known as "PROJECT SPONSORS" and DISTRI CT and PR OJECT
SPONSORS shall be collectively known as "PARTIES");
WITNESSETH THAT:
WHEREAS, DISTRJCT in a policy statement previously adopted (Resolution No. 14, Series of
1970). expressed an intent to assist public bodies which have heretofore enacted fl oodplain zoning
measu res: and
WHEREAS. DISTRICT has previously established a Work Program for 2016 (Resolution No. 56,
Series of 20 15) which includes master planning; and
WHEREAS, PARTIES now desire to proceed with development of a drainageway master plan and
a flood hazard area delineation (FHAD) report for Sloan's Lake Drainageway and tribu taries (hereinafter
called "PROJECT"); and
WHEREAS. DISTRJ CT's Board of Directors has authorized DISTRICT financial participation tor
PROJECT (Resolution No. 62. Series of20 I 5): and
WHEREAS. PARTIES desire to acquire survey needed to conduct the engineering studies for
PROJECT; and
WHEREAS, PARTIES desire to engage an engineer to render certain technical and professional
advice and to compile information, evaluate, study, and recommend design solutions to such drainage
problems for PR OJECT which are in the best interest of PARTIES.
NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto
agree as fo llows:
I. SCOPE OF AGREEMENT
This AGREEMENT defines the responsibilities and financial commitments of PARTIES with
respect to PROJECT.
2. PROJ ECT AREA
DISTRICT shall engage an engineer and obtain mapping as needed to perfom1 or supply necessary
services in connection with and respecting the planning of PROJECT of the area and watershed
shown on the attached Exhibit A dated November 20 15, (hereinafter called "AREA").
Attachment 2
3. SCOPE OF PROJECT
The purpose of PROJECT is ro develop a drainageway master plan and FH AD report. including
hydrologic infonnation and the locations, alignments. and sizing of storn1 sewers. channels.
detention/retention basins, regional water quality facilities, and other facilities and appurtenances
needed to provide efficient stonnwater drainage within AREA. The proposed work shall include.
but not be limited to, mapping; compilation o f existing data: necessary field work; and
development and consistent evaluation of all reasonable alternatives so that the most feasible
drainage and fl ood control master plan can be detennined and justified for AREA. Consideration
shall be given to costs. existing and proposed land use. existing and proposed drainage systems,
known drainage or flooding problems. known or anticipated erosion problems, stormwater quality,
right-of-way needs. existing wetlands and riparian zones. open space and wildlife habitat benefits.
and legal requirements. chematic alternative plans shall be developed such that comparison with
other alternatives can be made.
Drainage system planning shall be done in three phases by the engineer engaged by DISTRICT.
culminating in a drainage master plan report . During the first phase, the selected engineer shall
perfonn all data gathering and modeling needed to prepare the baseline hydrology section of the
master plan report containing an introduction. study area description and hydrologic analysis
description. During the second phase, the eng ineer shall perform all studies and data gathering
needed to prepare the alternatives analysis sections of the master plan report containing a hydraulic
analysis discussion. schematics of alternative developed and their costs, along with a discussion of
the pros and cons of each alternative and a recommended plan. A single alternative will be selected
by PARTIES after the review a11d evaluation of the alternatives analysis report. The FHAD report
preparation and ubmittal will be concurrent with the second phase of the master plan. During th e
third phase, the engineer shall be directed to prepare a conceptual design for the selected alternati ve
and prepare the conceptua I design sect ion of the master plan report.
4. PUBLIC NECESSITY
PARTIES agree that the work performed pursuant to this AGREEMENT is necessary for the
health. safety, comfort, convenience, and welfare of a ll the people ofthe State, and is of particular
benefit to the inhabitants of PARTIES and to their property therein.
5. PROJECT COSTS
PARTIES agree that for the purposes of this AGREEMENT PROJECT COSTS shall consist of.
and be limited to. mapping. master planning. FHAD and related services and contingencies
mutually agreeable to PARTIES. Project costs are estimated not to exceed $250,000 v ith $85,000
secured by PROJECT SPONSORS under this AGREEMENT and the remaining funds secured by
DISTRICT and others under separate agreement.
6. FINANC IAL COMMITMENTS OF PARTIES
PARTIES shall each contribute the fo llowing percentages and maximum amounts for PROJECT
COSTS as defined in Paragraph 5:
2
Master Plan
Percentage Share
DISTRI CT* 50.00%
EDGEWATER* 7.50%
DENVER 21.50%
LAKEWOOD 12.50%
WHEAT RIDGE 8.50%
TOTAL 100.00%
• Funds secured under separate agreement.
Maximum
Contribution
$100,000
$15.000
$43,000
$25,000
$17,000
$200.000
FHAD
Contribution
$50.000
$50,000
Notwithstanding any other provision of this AGREEMENT, PARnES' maximum payment
obligation shall not exceed the financial commitments stated herein. PARTIES are not obligated to
execute an agreement or any amendments for any further services or costs beyond that specifically
described in this AGREEMENT. Any services perfom1ed or costs incurred beyond those set forth
herein are performed without authorization under this AGREEMENT.
DENVER ·s payment obligation. whether direct or contingent, extends only to fund s appropriated
annually by the Denver City Council. paid into the Treasury of DENVER. and encumbered for the
purpose of this AGREEMENT. DENVER does not by this AGREEMENT irrevocably pledge
present cash reserves for payment or performance in future fiscal years. and this AGREEMENT
does not and is not int ended to create a multiple-fiscal year direct or indirect debt or fi nancial
obligation ofDENVER.
7. MANAGEMENT OF FINANCES
Payment by DENVER of$43,000. by LAKEWOOD of$25.000, and by WHEAT RIDG E of
$17.000 shall be made to DISTRJCT subsequent to execution of this AGREEMENT and within
thirty (30) calendar days of request for payment by DISTRICT. The payments by PARTIES shall
be held by DISTRJCT in a special fund to pay for increments of PROJECT as aut11orized by
PARTIES, and as defined herein. DISTRICT shall provide a periodic accounting of PROJECT
funds as well as a periodic notification to PROJECT SPONSORS of any unpaid obligations. Any
interest earned by the monies contributed by PARTIES shall be accrued to the special fund
established by DISTRICT for PROJECT and such interest shall be used onl y for PROJECT and
will not require an amendment to this AGREEMENT.
In the event that it becomes necessary and advisable to change the scope of work to be performed,
tJ1e need for such changes sha ll first be discussed with PARTIES, and their general concurrence
received before issuance of any amendments or addenda. No material changes to this scope of
PROJECT or changes that increase the PROJECT COSTS beyond the funds available in the
PROJECT fund shall be approved unless and until the additional funds needed are committed by
PART IES by an amendment to this AGREEMENT.
3
Within one year of completion of PROJECT if there are monies including interest earned
remaining which are not committed. obligated. or dispersed. each PARTY shall receive a share of
such monies, which shares shall be computed in accordance with the percentage shares recited in
Paragraph 6 of this Agreement.
8. PROJ ECT MAPPING
No new mapping is anticipated under this AG REEMENT for PROJECT. Upon execution of this
AGREEMENT, PROJECT SPONSORS shall provide copies of the most recent mapping within
their jurisdictional area in digital format to DISTRICT to the extent such mapping is avai lable
' ithout additional cost.
9. MASTER PLANNING AND DFI-IAD
Upon execut ion of this AGREEMENT. PARTIES shall select an engineer mutually a&rreeable to
PARTI ES. DISTRICT. with the approva l of PROJECT SPONSOR . shall contract with the
selected engineer, shall administer the contract. and shall supervise and coordinate the planning for
the development of alternatives and of conceptual design.
10. PUBLISHED REPORTS AND PROJECT DATA
DISTRICT will provide PROJECT SPON ORS access to the draft and final electronic FHAD
report files and draft and final electron ic report files.
Upon completion of PROJECT. electronic files of all mapping, drawings, and hydrologic and
hydraulic calculations developed by the engineer contracted for PROJECT shall be prO\ ided to
PROJECT SPONSORS requesting such data.
II . TERM OF THE AGREEMENT
The term of th is AG REEMENT shall commence upon final execution by all PARTIES and shall
terminate two (2) years after the final master planning report is delivered to DISTRJ CT and the
final accounting offunds on deposit at DISTRICT is provided to all PARTIES pursuant to
Paragraph 7 herein.
12. LIABILITY
Each PARTY hereto shall be responsible for any suits. demands. costs or actions atla'"' resulting
from its own acts or om issions and may insure against such possibi lities as appropriate.
13. CONTRACTING OFFICERS
A. The contracting officer for DENVER shall be the Executive Director of Public Works, 20 I
We st Colfax Avenue, Department 608, Denver. Colorado 80202.
B. The contracting officer for LA KEWOOD shall be the City Manager. 480 South Allison
Parkwa), Lake\\ood. Colorado 80226.
C. The contracting officer for WHEAT RTDGE shall be the Director of Public Works. 7500
West 29111 Avenue, Wheat Ridge. Colorad o 80033.
D. The contracting officer for DISTRICT shall be the Executive Director. 2480 West 26'11
Avenue. Suite 1568, Denver. Colorado 80211.
4
E. The contracting officers for PARTIES each agree to designate and assign a PROJECT
representative to act on the behalf of said PARTIES in all matters related to PROJECT
undertaken pursuant to this AGREEMENT. Each representative shall coordinate all
PROJECT-related issues between PARTIES , shall attend all progress meetings, and shall be
responsible for providing all available PROJECT-related file information to the engineer
upon request by DISTRICT or PROJECT SPONSORS. Said representatives shaJJ have the
authority for all approvals, authorizations, notices. or concurrences required under this
AGREEMENT. However. in regard to any amendments or addenda to this AGREEMENT.
said representative shall be responsible to promptly obtain the approval of the proper
authority.
14. RESPONSIBILITIES OF PARTIES
DISTRJCT shall be responsible for coordinating with PROJECT SPONSORS the information
developed by the various consultants hired by DISTRICT and for obtaining all concurrences from
PROJECT SPONSORS needed to complete PROJECT in a timely manner. PROJECT
SPONSORS agree to review all draft reports and to provide comments within 21 calendar days
after the draft reports have been provided by DISTRJCT to PROJECT SPONSORS. PROJECT
SPONSORS also agree to evaluate the alternatives presented in the alternatives analys is sections of
the report, to select an alternative, and to notify DISTRICT of their decision(s) within 30 calendar
days after the alternatives analysis repon is provided to PROJECT SPONSORS by DISTRICT.
15 . AMENDMENTS
This AGREEMENT contains all of the terms agreed upon by and among PARTIES. Any
amendments to this AGREEMENT shall be in writing and executed by PARTIES hereto to be
val id and binding.
16. SEVERABILITY
If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a
court of competent jurisdiction or by operation of any applicable Jaw, such invalid or unenforceable
clause or provision shall not affect the alidity of this AGREEMENT as a whole and all other
clauses or provisions shall be given full force and effect.
17. APPLICABLE LAWS
This AGREEMENT shall be governed by and construed in accordance with the laws ofthe Stale of
Colorado. Jurisdiction for any and all legal actions regarding this Agreement shall be in the State
of Colorado. Venue for any and a Il legal actions arising under this Agreement shall be in the
District Court in and for the County of Denver, State of Colorado.
18. ASSIGNABILITY
No PARTY to this Agreement shall assign or transfer any of its rights or obligations hereunder
without the prior written consent of the nonassigning party or PARTIES.
5
19. BINDING EFFECT
The provisions of this AGREEMENT shall bind and shall inure to the benefit of PARTIES hereto
and to their respective successors and permitted assigns.
20. ENFORCEABILITY
PARTI ES hereto agree and acknowledge that this AGREEMENT may be enforced in Ia'' or in
equity. by decree of specific performance or damage , or such other legal or equitable relief as ma)
be available subject to the provisions of the Ia\ s of the State of Colorado.
21. TERMINATION OF AGREEMENT
This AGREEMENT may be terminated upon thirty (30) days· written notice by any PARTY. but
only if there are no contingent, outstanding contracts. If there are contingent. outstanding
contracts. this AGREEMENT may only be terminated upon the cancellation of all contingent,
outstanding contracts. All costs associated with the cancellation of the contingent contracts shall
be shared between PARTIES in the same ratio(s) as were their contributions and subject to the
maximum amount of each party's contribution as set fo1th herein.
22. PUBLIC RELATIONS
It shall be at PROJECT PONSORS' sole discretion to initiate and to C31T) out any public relations
program to inform the residents in PROJECT area as to the purpose of PROJECT and what impact
it may have on them. Technical infom1ation shall be presented to the public by the selected
engineer. In any event DISTRICT shall have no responsibi lil) for a public relations program. but
shall assist PROJECT SPONSORS as needed and appropriate.
23. GOVERNMENTAL IMMUN ITIES
The PARTIES hereto intend that nothing herein shall be deemed or construed as a waiver by any
PARTY of any rights, limitations. or protections afforded to them under the Colorado
Governmental Immunit y Act(§ 24-10-10 I, el seq., C.R.S.) as now or hereafter amended or
otherwise available at law or equity.
24. 0 DISCRIMINATION IN EMPLOYMENT
Jn connection' ith the performance of work under this AGREEMENT. PARTI ES agree not to
refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against
any person otherwise qualified on the basis ofrace. color. ancestry. creed! religion. national origin.
gender, age. military status. sexual orientation, marital status. or physical or mental disability and
further agree to insert the toregoing provision in all subcontracts hereunder.
25. APPROPRIATIONS
Notwith tanding 811) other term. condition or provision herein. each and every obligatjon of
PROJECT SPONSORS and/or DISTRICT stated in this AGREEMENT is subject to the
requirement of a prior appropriation of funds therefore by the appropriate governing body of
PROJECT SPO SORS and/or DISTRICT.
6
26. NO THIRD PARTY BENEFICLARIES
It is expressly understood and agreed that enforcement of the terms and conditions of this
AGREEMENT, and all rights of action relating to such enforcement. shall be strictly reserved to
PARTIES. and nothing contained in this AGREEMENT shall give or allo' any such c lajm or right
of action by any other or third person on such AGREEMENT. It is the express intention of
PART IES that any person or party other than any one of PROJECT SPONSORS or DISTRICT
receiving services or benefits under this AGREEMENT shall be deemed to be an incidental
beneficiary only.
27. ILLEGAL ALIENS
PART IES agree that any public contract for services, as defined in C.R.S. § 8-17.5-101. executed
as a result of this AGREEMENT shall comply with the provisions ofC.R.S. § 8-17.5-10 I, et seq.
The following, or substantially similar, language shall be included in any contract for public
services: .. The Consultant or Contractor shall not and by signing this Agreement certifies that it
does not knowingly employ or contract with an illegal al ien to perfonn work under thi s Agreement.
Consultant or Contractor sha ll not enter into a subcontract with a subcontractor that fails to certify
to the Consultant or Contractor that the subcontractor shall not knowingly employ or contract with
an illegal alien to perfom1 work under this public contract for services. Consultant or Contractor
affinns that they have verified through participation in the Colorado Employment Verification
program established pursuant to §8-17.5-1 02(5)(c) C.R.S. or the Electronic EmploymeLlt
Verification Program administered jointly by the United Stares Department of Homeland Security
and the Social Security Administration that Consultant or Contractor does not employ illegal
aliens.
Consultant or Contractor is prohibited from using these procedures to undertake pre-employment
screening of job applicants w hile the public contract for services is being performed.
In th e event that th e Consultant or Contractor obtains actual knowledge that a subcontractor
perfom1ing work under this Agreement knowingly em ploys or contracts with an illegal alien. the
Consultant or Contractor shall be required to:
A. Notify the subcontractor and PARTIES within three days that the Consultant or Contractor
has actual kno' ledge that the subcontractor is employing or contracting w ith an ill egal alien;
and
B. Terminate the subcontract with the subcontractor if within three days of receiving the notice
required the Subcontractor does not stop employing or contracting with the illegal alien:
except that the Consultant or Contractor shall not tenninate the contract with the
Subcontractor if during such three days the Subcontractor provides infonnation to establish
that the subcontractor has not knowingly employed or contracted with an illegal alien.
Consultant or Contractor is required under this Agreement to comply\\ ith any reasonable request
by the Colorado Department of Labor and Employment (COLE) made in the course of an
investigation the COLE is undertaking pursuant to its legal authority.
7
Violation of this section of this AGREEMENT shall constitute a breach of this AGREEMENT and
may result in termination by PARTIE . Consultant or Contractor shall be liable to PARTIES for
actual and consequential damages to PARTIES resulting from such breach pursuam to §8-17.5-
101(3) C.R.S. PARTIES shall also report any such breach to the Office of the Secretary of State.
Consultant or Contractor acknowledges that COLE may investigate whether Consultant or
Contractor is complying with the pro ision of this AGREEMENT. This may include on-site
inspections and the revie' of documentation that proves the citizenship of any person performi ng
work under this AGREEMENT and any olher reasonable steps necessary to detem1ine compliance
with the provisions of this section."'
28. EXECUTION fN COUNTERPARTS
This AGREEMENT shall be executed by PARTIES in counterpans and only upon execution of the
responsible counterpans by everyone listed herein shall this AGREEMENT be treated as executed
by PART IES.
29. ELECTRONIC SIGNATURES AND ELECTRON IC RECORDS
DISTRJ CT consents to the use of electronic signatures by PARTIES. TI1is AG REEMENT. and any
other documents requiring a signature hereunder. may be signed electronically by PARTIES in th e
manner specified by PARTIES. PARTIES agree not to deny the legal effect or enforceability of this
AGREEMENT solely because it is in electron ic fom1 or because an electronic record was used in
its formation. PARTIES agree not to object to the admissibility of this AGREEME Tin the form
of an electronic record. or a paper copy of an electronic document, or a paper copy of a document
bearing an electronic signature, on the ground that it is an electronic record or electronic signature
or that it is not in its original form or is not an origi nal. Notwithstanding the foregoing. nothing
herein shall obligate PARTIES to execute electronically either this AGREEMENT or any
subsequent documents requiring th e signatures of PARTIES.
[REMA INDER OF PAGE INTENTIONALLY LEFT BLANK]
8
Contract Control Number: PWADM-20152587 4-00
Contractor Name: Urban Drainage and Flood Control District
IN WITNESS WHEREOF, the parties have set their hands and affixed their seals at
Denver, Colorado as of
SEAL
ATTEST:
APPROVED AS TO FORM:
D. Scott Martinez, Attorney for the
City and County of Denver
By ____________________ _
CITY AND COUNTY OF DENVER
By __________________________ _
REGISTERED AND COUNTERSIGNED:
By ________________________ _
By __________________________ _
1111111111111111111111111111111111111111111111111111111111111111
(SEAL)
ATTEST:
Margy Greer. City Clerk
APPROVED AS TO FORM:
Gregory D. Graham. Deputy City Anomey
A PPROVED AS TO CONTENT:
Jay N. Hutchi son. Director of Public Works
Larry Dorr. Director of Finance
(SEAL)
ATTEST:
APPROVED:
CITY OF LAKEWOOD
By ____________________ __
Title City Manager
Date ___________ _
CITY OF WHEAT RIDGE
By ______________________ _
Title. ___________ _
Date. ___________ _
Contract Control Number: PWADM-201525874-00
Contractor Name: Urban Drainage and Flood Control District
~ Agreement No. 15-11.14
By:--------
Name:--------
(please print)
Title:--------
(please print)
ATTEST: (if required]
By:--------
Name: _____ _.; __
(please print)
Title:~------
(please print)
1111111111111111111111111111111111111111111111111111111111111111
W.E
8
EXHIBIT A
Sloans Lake Basin M DP & FHAD
Approximate Study Limits
November 2015
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JP'WheatRi_dge
ITEM NO:~
DATE: January 25,2016
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO.ll-2016 -A RESOLUTION APPROVING AN
INTERGOVERNMENTAL AGREEMENT ESTABLISHING A
COMBINED AUTO THEFT PREVENTION TASK FORCE
NAMED THE COLORADO AUTO THEFT PREVENTION
AUTHORITY-METROPOLITAN AUTO THE FT TASK FORCE
(CMATT)
0 PUBLIC HEARING
0 BIDS/MOTIONS
[8J RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
0 ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2 ND READING
D YES
The Wl1eat Ridge Police Department (WRPD) provides one detective to serve on a regional auto
theft task force. The task force is funded through the Colorado Auto Theft Prevention Authority
(CA TP A). CA TPA has determined that the best use of their resources is to combine task forces
in the Denver Metropolitan Area. The Metropolitan Auto Theft Team (MATT) in which Wheat
Ridge currently participates, will be joining the Eastern Metropoli tan Auto Theft team (EMA TT)
group, which includes Aurora, Adams County, and Arapahoe County. This change is due to
occur near the beginning of2016. It requires the two task forces to agree on a standard way of
operating, and requires an IGA signed by the adminjstrators of the involved entities. The new
task force will be called CMA TT which stands for Colorado Auto Theft Prevention Authority -
Metropolitan Auto Theft Task Force.
PRIOR ACTION:
In 2010, Wheat Ridge City Council approved an lOA for Wheat Ridge to participate in an auto
theft task force. This included the approval for a grant-funded Wheat Ridge detective to be
assigned to an off-site location to work in conjunction with auto theft investigators from other
jurisdictjons and to address the rising auto theft problem in the City.
Council Action Fonn-CMA TI fGA
January 25, 2016
Page2
FlNANCIAL lMPACT:
There is no diTect impact to the City for this proposal. The City is currently reimbursed 80% of
one detective's salary by CA TP A. This funding is used to backfi11 a patrol officer position.
CATPA is funded through a fee paid on individuals' auto insurance premiums.
BACKGROUND:
The initial task force was formed in 2009. and included Jefferson County agencies. The task
force's approach includes a combination of covert investigation, crime analysis, and combining
investigative resources in an attempt to reduce auto theft, recover stolen vehicles, and apprehend
auto theft suspects. The task force's approach has been very successful, which bas Jed to
continued funding through CATPA. In 2011, Jefferson County combined with Denver Police
Department to improve infonnation sharing. identification of large auto theft groups, and
multiplying resources for additional effectiveness. The task force has been administered by the
Lakewood Police Department, which also provides the commander for the unit.
Although auto theft remains a serious problem nationwide, the combined task force approach bas
shown positive results in reducing auto theft, in comparison to areas which have not employed
this approach. The use of intelligence-led policing has provided patrol officers and detectives
with information to target prime locations and apprehend offenders involved in large scale auto
theft rings.
In the fall of2014. CATPA looked for ways to increase its effectiveness, while improving the
efficiency of auto theft investigation. Direction was given to CATPA-funded entities to combine
into laTger task forces. This led to a series of meetings developing policies and protocols for
MATT to combine with EMA TI. City and County Attorneys have developed an IGA to support
the combining of these resources. Carmen Beery of the Murray, Dal1l , Kuecbemneister, and
Renaud Law Firm has been among the group reviewing the IGA. The review has been
completed and is ready fo r City Council consideration.
RECOMMENDATIONS:
Staff recommends that the IGA be signed in order for the Police Department to maintain
participation, and become a member of CMA TT. The City has reaped significant benefits in
auto theft investigation from our involvement in this task force. Staffhas reviewed the proposed
policy and protocol changes and feels that they are consistent with our community expectations.
RECOMMENDED MOTION:
"I move to approve Resolution No.ll-2016. a resolution approving an Intergovermnental
Agreement establishing a combined auto theft prevention task force named the Colorado Auto
Theft Prevention Authority-Metropolitan Auto Theft Task Force."
Or,
Cow1cil Action Form-CMAIT lGA
January 25, 2016
Page 3
"l move to postpone indefinitely approval of Resolution No. 11-2016, a resolution approving an
Intergovernmental Agreement establishing a combined auto theft prevention task force named
the Colorado Auto Theft Prevention AuthOiity-Metropolitan Auto Theft Task Force following
reason(s) "
REPORT PREPARED/REVIEWED BY:
Mark Cooney, Police Commander
Daniel G. Brennan, Police Chief
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 11-2016
2. Intergovernmental Agreement for CMA TT
TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO . .11
Series of 2016
A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT ESTABLISHING A COMBINED AUTO THEFT
PREVENTION TASK FORCE NAMED THE COLORADO AUTO
THEFT PREVENTION AUTHORITY· METROPOLITAN AUTO THEFT
TASK FORCE
WHEREAS, the City of Wheat Ridge, Colorado (the "City), acting through its City
Council ("Council") is a home rule municipality with statutory and constitutional authority
to enact ordinances and enter into agreements for protection of the public health, safety
and welfare; and
WHEREAS, C.R.S. § 29-1-203 authorizes Colorado local governments to
cooperate and contract with one another to provide any function, service or facility
lawfully authorized to each;
WHEREAS, the City and the cities of Aurora, Englewood, Lakewood and the City
and County of Denver, the District Attorney Offices for the First Judicial District and
Second Judicial District of Colorado, the counties of Adams, Arapahoe and Jefferson on
and behalf of their Sheriffs Departments, and the State of Colorado on behalf of the
Colorado State Patrol, are each authorized to provide law enforcement and other
emergency services;
WHEREAS , contiguous boundaries between and among the aforementioned
jurisdictions often result in more than one law enforcement agency becoming involved in
the investigation of crime;
WHEREAS, the ability of one jurisdiction to respond to criminal activities may be
limited by said jurisdiction's personnel and equipment;
WHEREAS, the Council finds that it is in the best interest of the City to cooperate
with other area jurisdictions to maintain uniform equipment, training, policies,
procedures and personnel standards pertaining to the investigation of auto theft, fencing
of stolen property, operation of chop shops and related offenses so that each
cooperating jurisdiction may have the service of the others to assist in the identification,
investigation and prosecution of individuals and groups involved in the theft of motor
vehicles and associated criminal activities; and
WHEREAS , the Colorado Automobile Theft Prevention Authority ("CATPA'') has
offered to provide funding for a single auto theft task force for the Denver Metropolitan
Area;
WHEREAS , the Council therefore wishes to approve the execution of an
intergovernmental agreement with other Denver metro area jurisdictions and agencies
Attachment 1
to create and implement a CATPA-Metropolitan Auto Theft Task Force ("C-MATI") for
the identification, investigation and prosecution of individuals and groups involved in the
theft of motor vehicles, the fencing of stolen property, the operation of chop shops and
other associated criminal activities;
WHEREAS, Section 14.2 of the Wheat Ridge Home Rule Charter authorizes the
Council, acting by resolution or ordinance, to enter into contracts or agreements with
other governmental units.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows:
THE INTERGOVERNMENTAL AGREEMENT TO ESTABLISH A COLORADO AUTO
THEFT PREVENTION AUTHORITY-METROPOLITAN AUTO THEFT TASK FORCE,
IS HEREBY APPROVED.
DONE AND RESOLVED this __ day of ______ , 2016.
Joyce Jay, Mayor
ATIEST:
Janelle Shaver, City Clerk
2
AN INTERGOVERNMENTAL AGREEMENT AMONG THE COLORADO CITIES OF AURORA,
ENGLEWOOD, LAKEWOOD AND WHEAT RIDGE; THE CITY AND COUNTY OF DENVER;
THE OFFICES OF THE DISTRICT ATTORNEYS FOR THE FIRST AND SECOND JUDICIAL
DISTRICTS OF COLORADO; THE COLORADO COUNTIES OF ADAMS, ARAPAHOE AND
JEFFERSON; AND THE STATE OF COLORADO TO ESTABLISH A COLORADO AUTO
THEFT PREVENTION AUTHORITY-METROPOLITAN AUTO THEFT TASK FORCE
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is entered into this
__ day of • 20_ (the "Effective Date"), by and among the Colorado Cities of
Aurora, Englewood, Lakewood and Wheat Ridge, the City and County of Denver ("Denver"), the
District Attorney Offices for the First Judicial District and Second Judicial District of Colorado,
the Colorado Counties of Adams, Arapahoe and Jefferson on behalf of their Sheriffs
Departments (the "Counties"), and the State of Colorado on behalf of the Colorado State Patrol
(each, a "Party;" collectively, the "Parties").
WHEREAS, Article XIV, Section 18 of the Colorado Constitution and Part 2, Article 1,
Title 29, Colorado Revised Statutes ("C.R.S."), encourage and authorize intergovernmental
agreements among government entities to cooperate and contract with one another to provide
any function, service or facility lawfully authorized to each;
WHEREAS, the Parties are each authorized to lawfully provide, establish, maintain and
operate law enforcement and other emergency services;
WHEREAS, contiguous boundaries between and among the Parties often result in more
than one law enforcement agency becoming involved in the investigation of criminal activities;
WHEREAS, the ability of a Party to respond to criminal activities may be limited by the
Party's personnel and equipment;
WHEREAS, it is in the best interest of the Parties to maintain uniform equipment,
training, policies, procedures and personnel standards pertaining to the investigation of auto
theft, fencing of stolen property, operation of chop shops and related offenses so that each may
have the service of the other Parties to assist in the identification, investigation and prosecution
of individuals and groups involved in the theft of motor vehicles and associated criminal
activities.
WHEREAS, the Colorado Automobile Theft Prevention Authority ("CA TPA") has offered
to provide funding for a single auto theft task force for the Denver Metropolitan Area;
WHEREAS, the Parties wish to cooperate in the creation and implementation of a
CATPA-Metropolitan Auto Theft Task Force ("C-MAIT') for the identification, investigation and
prosecution of individuals and groups involved in the theft of motor vehicles, the fencing of
stolen property, the operation of chop shops and other associated criminal activities;
WHEREAS, the Parties may, in the future, wish to allow other governmental agencies or
entities to join as parties to this Agreement and to allow those other agencies or entities to join
C-MA TT under the terms and conditions set forth herein or as otherwise agreed upon; and
WHEREAS, the establishment of C-MA TT serves a public purpose and will promote the
safety, security and general welfare of the inhabitants of the Denver Metropolitan Area.
Page 1 of 13
Attachment 2
NOW, THEREFORE, the Parties agree as follows:
1.0 DEFINITIONS
In addition to the terms defined elsewhere in this Agreement, the following definitions will
apply:
Agency of Record shall be the Party that provides the C-MA TT Commander and all
accounting, financial planning and payment services on behalf of C-MA TT, the duties
and responsibilities of which are more particularly set forth in Section 8 herein.
Criminal Justice Record(s) has the same meaning as "criminal justice records" as
defined in C.R.S. § 24-72-302(4), as may from time to time be amended.
Grant means the funds awarded by CATPA to establish and operate C-MATT and
includes the governing documents therefor.
Net Forfeitures means the money available after deducting all applicable expenses
associated with the operation of C-MATT, including the division of seized assets with
agencies not a Party.
Public Record has the same meaning as defined in the Colorado Open Records Act,
C.R.S. §§ 24-72-201, et seq., as may from time to time be amended.
2.0 INTENT
2.1 It is the intention of the Parties to facilitate cooperation among themselves in the
identification, investigation and prosecution of individuals and groups in the
Denver Metropolitan Area involved in: (i) auto theft; (ii) the fencing of stolen
property; (iii) the operation of chop shops; and (iv) other, associated criminal
activities, but not to establish a separate legal entity to do so.
2.2 Except as expressly set forth herein, this Agreement shall not authorize any
Party to act on behalf of any other Party for any purpose whatsoever.
2.3 This Agreement shall provide only for sharing of in-kind services and costs by the
Parties toward the establishment of a common mutual goal: the joint
development and operation of C-MA TT.
3.0 PERSONNEL
3.1 Commitment of Personnel. Each Party agrees, subject to the limitations herein
set forth. to aid and assist the other Parties by causing and permitting its law
enforcement personnel and equipment to be used in conducting overt and covert
investigations in the jurisdiction of any of the others in events such as the theft of
motor vehicles, fencing of stolen property, operation of chop shops and other
related offenses or other exceptional instances when covert investigation
procedures are needed in the jurisdiction served by one Party which are in the
common interest of the law enforcement agency of each Party. It is understood
and agreed that each Party shall maintain a level of personnel and equipment
necessary to meet its obligations under this Agreement.
Page 2 of 13
3.2 Responsibility for Salary and Benefits of Personnel. Employees of Parties who
are assigned to C-MA TT ("C-MA TT Personnel") shall remain employees of the
assigning Party for all purposes and are not considered employees of C-MA TT or
any other Party. Each Party shall be responsible for the salary, overtime pay,
benefits, insurance, including workers' compensation, and all related employee
costs of every kind for each C-MA TT Employee the Party assigns to C-MA TT.
Each Party may apply to the Agency of Record for reimbursement of any such
costs and receive reimbursement to the extent any such reimbursement is
authorized by the Grant.
3.3 Assignment of Personnel. For law enforcement officers to be eligible for
assignment to C-MA TT, such officers must pass and maintain pertinent and
lawful performance standards as required by the Peace Officer Standards and
Training Board and those required by the assigning Party.
3.4 Discipline of Personnel.
3.4.1 Disputes among C-MATT Personnel shall be resolved cooperatively
among the C-MATT Personnel and their assigned Sergeant(s). If the
dispute cannot be resolved cooperatively among the C-MA TT Personnel
and their assigned Sergeant(s), the dispute shall be elevated to the C-
Matt Commander who shall attempt to resolve the dispute in conjunction
with the employing Parties' supervisor(s) of the involved C-MATT
Personnel. If such elevation fails to resolve the dispute, the dispute shall
be elevated to the involved Party employer(s). In the event the dispute
remains unresolved, the Dispute Resolution provisions of Section 16.6
herein shall be implemented.
3.4.2 Any disciplinary action imposed against C-MA TT Personnel as a result of
his or her involvement or participation in C-MA TT shall be the
responsibility of the assigning Party.
3.5 Supervision of Personnel. C-MATT Personnel shall be subject to the authority of
supervisory and command personnel assigned to C-MA TT regardless of which
Party assigned the C-MATT Personnel; provided, however, that C-MATT
Personnel shall continue to be subject to the laws, regulations, policies and
personnel rules of the Party assigning the C-MA TT Personnel. The authority of
C-MA TT supervisory and command personnel is not intended to supersede the
regulations, policies, procedures or personnel rules of any Party.
3.6 Provision of Eauioment. Each Party is responsible for providing personal
equipment required for the execution of law enforcement duties to all of its law
enforcement officers assigned to C-MA TT ("C-MA TT Officers").
4. LAW ENFORCEMENT AUTHORITY
All C-MATT Officers will be deputized, commissioned or authorized to act with full peace
officer authority by each of the Counties and by Denver. Each C-MA TT Officer shall
have the full status and authority otherwise afforded a peace officer, as described in
C.R.S. § 16-2.5-101 , while acting on-duty within the course and scope of such officer's
Page 3 of 13
authority and in the performance of such C-MA TT Officer's duties within the jurisdiction
of any Party.
5. COMMAND AND SUPERVISION
5.1 C-MA TT Commander. The C-MA TT Commander is the highest ranking
command officer within C-MA TT and is responsible for the overall oversight of
the operational, administrative and budgetary duties outlined in the Grant
directives and agreements.
5.2 Assignment of C-MA TT Commander. The initial C-MA TT Commander will be a
Lakewood Police Department Commander unless and until another Party takes
over the duties and responsibilities of the Agency of Record, as set forth in
Section 8.1 herein.
5.3 Responsibilities of C-MATT Commander. The C-MA TT Commander is
responsible for monitoring C-MA TT progress, providing the Governing Board a
monthly written report of such progress and establishing policies and procedures
for the operation of C-MATT.
5.4 Liaison Responsibility of C-MA TT Commander. The C-MA TT Commander will
liaison with the Colorado State Patrol Captain assigned to the statewide task
force, the Aurora Police Department Lieutenant and CATPA staff to establish
goal-setting benchmarks and coordinate major investigations between the C-
MA TT and the statewide task force.
5.5 Personnel Assisting C-MA TT Commander. The C-MA TT Commander will be
assisted by a grant manager and an investigative technician assigned by the
Agency of Record.
5.6 C-MA TT Sergeants. The Parties will assign four ( 4) Sergeants to C-MA TT. The
City of Aurora ("Aurora"), the Colorado State Patrol ("CSP"), the City and County
of Denver ("Denver") and the City of Lakewood ("Lakewood") will each assign
one ( 1) Sergeant. In the event a Party assigning a Sergeant terminates its
participation in this Agreement or desires to remove its Sergeant from such
assignment. the C-MATT Governing Board (described below) shall choose a
Party, with such Party's approval, to assign a Sergeant to C-MATT.
5.7 Responsibilities of C-MATT Sergeants. The C-MATT Sergeants are responsible
for day-to-day tactical and operational abilities of C-MATT. The C-MATT
Sergeants will act as the contact persons for the Parties for information regarding
suspect information, modus operandi and obtaining assistance in a police
operation. The C-MATT Sergeants are responsible for administrative tracking of
investigative data needs, investigative case flow and closure, the direct
supervision of investigative and administrative support staff, the provision of
subordinate guidance and direction, and the implementation of C-MA TT Policy
and Procedure.
Page 4 of 13
6. GOVERNING BOARD
6.1 Creation of Governing Board. The Parties hereby establish a Governing Board
for the purpose of overseeing and directing operational, personnel, equipment,
training and administrative matters of concern to C-MA TT (the "Board").
6.2 Board Membership. Each Party shall designate its Chief of Police, Sheriff,
District Attorney or designees thereof as a Member of the Board (each, a
UMember").
6.3 Voting and Quorum. Each Member shall be entitled to one (1) vote on any
matter coming before the Board. The attendance of at least a majority of all the
Members shall constitute a quorum. Approval of any matter before the Board
shall require the affirmative vote of a simple majority of the Members present at
any meeting at which there is a quorum, except as otherwise specified in this
Agreement.
6.4 Budget. The Board shall oversee the C-MA TT budget. Any requests for
overtime monies associated with exceptional instances involving overt or covert
operations that go beyond the normal scope of investigative techniques, to
include, but not limited to, extensive surveillance, wiretaps and grand jury
investigations, shall be authorized by the Board prior to the commencement of
such operation.
6.5 Performance Evaluation of C-MATT. On an annual basis, the Board will evaluate
the performance of C-MA TT and assess the need to continue, modify or expand
C-MATT.
7.0 FUNDING
C-MATT funding shall be provided by the Grant, and any matching funds required by the
Grant will be contributed by the Parties based upon a percentage of each Party's salary
contribution to C-MA TT as follows:
7.1 The Grant currently funds eighty percent (80%) of the cost (including salaries and
benefits), and one hundred percent (100%) of overtime pay, for C-MATT
Personnel. Based on the foregoing, each Party shall be responsible for the
remaining costs (including salaries and benefits) of C-MATT Personnel each
such Party assigns to C-MATT.
7.2 In the event in any year the Grant provides more or less funding for the above,
each Party's responsibility for the remaining costs shall increase or decrease
accordingly.
7.3 Upon addition of a new Party to C-MATT as provided in Section 12 below, the
Board shall request an increase in the Grant to ensure the Grant continues to
fund at least eighty percent (80%) of the cost (including salaries and benefits),
and one hundred percent (100%) of overtime pay, for all C-MATT Personnel.
Page 5 of 13
8.0 AGENCY OF RECORD; GENERAL FINANCIAL TERMS AND OBLIGATIONS
8.1 Agency of Record. To ensure consistency, transparency and accountability, one
Party will serve as the Agency of Record. Lakewood will act as the initial Agency
of Record for C-MA TT. The Board may at any time agree to appoint a successor
Agency of Record from among the Parties.
8.2 Duties and Responsibilities as Fiscal Agent. The Agency of Record shall serve
as the fiscal agent for C-MA TT and will work with the C-MA TT Commander to
establish an annual financial plan for presentation to and approval by the Board
and to establish all accounts necessary to facilitate the ongoing operation and
administration of C-MATT. The Agency of Record shall be responsible for the
payment of all reasonable and necessary C-MA TT bills approved by the Boa rd in
its annual financial plan and properly funded.
8.2.1. Administrator of Grant. The C-MA TT Commander will act as the
financial manager of the Grant and of any further grants received from
the CATPA grant program. Any disbursement of grant funds to any
Party shall be in accordance with the terms of the applicable grant.
8.3 Deposits and Expenditures. All C-MA TT funds will be managed by the Agency of
Record through its financial management system to allow for separate financial
reporting and accurate accountability of all such funds . The C-MA TT
Commander will have control over a separate fund, which will not exceed
$10,000, to be used to support C-MATT undercover operations.
8.3.1 C-MA TT Contracts. The Agency of Record , in accordance with its
internal purchasing policies. shall enter into such contracts and
agreements necessary to procure goods and services required for
operation of C-MA TT, as approved by the Board in its annual financial
plan and properly funded.
8.3.2 Grant Agreements. By approval of this Agreement, Lakewood hereby
authorizes its Chief of Police to execute grant agreements necessary for
the continuing funding of C-MA TT.
8.4 Annual Financial Report. Beginning in 2016, the Agency of Record will deliver an
annual financial report to the C-MA TT Commander on or before July 1 of each
year this Agreement is in effect. This annual financial report will include an
accounting of all revenues and contributions, including forfeitures, if any, and all
expenses or costs related to the operation and administration of C-MA TT.
8.5 Access to Financial Records and Reports. All financial records and reports of the
Agency of Record relating to the administration of this Agreement and the
operation and administration of C-MA TT will be open to inspection at reasonable
times by all Parties and the public, including an authorized auditor or
representative of a Party. Any Party, including the City and County of Denver
Auditor, may access and examine pertinent books, documents, papers and
records of the Agency of Record regarding transactions related to this Agreement
until the latter of three (3) years after the final payment under this Agreement or
the expiration of the applicable statute of limitations, whichever occurs later.
Page 6 of 13
9.0 TERM
The initial term of this Agreement will be for one (1) year commencing on the Effective
Date (the "Initial Term"). This Agreement shall automatically renew for subsequent one-
year terms (each, a "Renewal Term") unless terminated pursuant to Section 14 below.
10.0 FORFEITURES
10.1 Distribution of Forfeitures Resulting from C-MA TT Operations. Net forfeitures
resulting from seizures of money and personal or real property resulting from C-
MA TT operations shall be maintained by C-MA TT following established forfeiture
guidelines as set forth C.R.S. §§ 16-13-311 to 16-13-315, and the Colorado
Contraband Forfeiture Act, C. R. S. §§ 16-13-501, et seq.
10.2 Distribution of Forfeitures Outside of C-MA TT Operations. Forfeitures resulting
from seizures of money and personal or real property resulting from any
individual Party's operations outside of C-MA TT operations shall not be
considered C-MA TT funds, and shall be the sole property of the Party whose
operations generated the forfeiture assets.
10.3 Audit of Forfeiture Funds. C-MATT forfeiture funds will be audited on a quarterly
basis pursuant to the rules adopted by the Board. The results of the audit will be
presented to the Board for review. Members, at their discretion and individual
agency expense, may elect to conduct an independent audit of the forfeiture
funds.
10.4 Transfer of Forfeiture Funds. No forfeiture funds will be transferred to C-MATT
for operational expenditures without the approval of the C-MA TT Commander
and the Board.
11.0 C-MA TT RECORDS
11 . 1 Colorado Open Records Act. The Agency of Record will be the official custodian
of C-MA TT records that are subject to the Colorado Open Records Act, C.R.S.
§§ 24-72-201, et seq. ("CORA"), and may release such records in compliance
with the provisions of CORA.
11 .2 Colorado Criminal Justice Records Act.
11 .2.1 The Agency of Record shall be the repository for law enforcement
investigative reports generated in furtherance of C-MA ITs objectives.
Such reports shall constitute Criminal Justice Records.
11 .2.2 The official custodian for records that are subject to the Colorado Criminal
Justice Records Act, C.R.S. §§ 24-72-301 , et seq. (the "CCJRA"), shall
be the Party that generated the record. Each Party may release any C-
MA TT Criminal Justice Records that are the records of that Party.
11 .2.2.1 In the event the requestor of records is unwilling to contact the
official custodian, as identified hereunder, the Fiscal Agent
shall immediately notify the Party/ies whose records are being
Page 7 of 13
requested , and such Party/ies shall provide to the requestor
written justification for withholding such records, in compliance
with the CCRJA.
11 .2.2.2 In the event the Agency of Record is served with a Subpoena
Duces Tecum or a court order relating to a Party's records, the
Agency of Record shall immediately notify such Party, and
such Party shall be responsible for responding to the
Subpoena Duces Tecum or court order.
11 .2.3 If a Party other than the Agency of Record receives a request or demand
from a third party for records or information of one or more of the other
Parties pertaining to this Agreement, the Party receiving the request shall
immediately notify such other Party/ies.
11.3 Discovery Requests. The Agency of Record shall manage discovery requests
from prosecuting authorities.
11.4 No Abrogation. Nothing in this Section 11 shall be construed to modify or
abrogate any obligations imposed pursuant to CORA or the CCJRA.
12.0 ADDITION OF NEW PARTIES
12.1 Eligibility. Governmental entities that provide law enforcement services and have
a contiguous boundary to any Party are eligible to become a Party (each. an
"Eligible Entity").
12.2 Process.
12.2.1 An Eligible Entity may become a Party upon the affirmative vote of a
majority of all the Members (each. a "New Party"). The Board may
impose upon an Eligible Entity such terms and conditions deemed
reasonable and necessary for such approval.
12.2.2 Each New Party must sign a separate signature page to this
Agreement. and any amendments thereto, which states that the New
Party agrees to all the terms and conditions of membership inC-MATT.
13.0 BOOKING OF EVIDENCE
All evidence and property seized as a result of a C-MA TT operation shall be seized
identified, preserved, booked and stored by the Party within whose jurisdiction the
property was seized pursuant to the policies and procedures currently in effect with the
Commission on Accreditation for Law Enforcement Agencies.
14.0 TERMINATION; WINDING UP
14.1 Individual Party Termination. Any Party may terminate its participation in this
Agreement by giving written notice to the C-MA TT Commander at least thirty (30)
days prior to the date of such termination. unless the Board and such Party have
Page 8 of 13
agreed on a different notice period. The C-MA TT Commander will advise the
Board of any Party's termination.
14.2 Termination of Agreement by Vote of the Parties.
14.2.1 Process. This Agreement may be terminated by the adoption, by a
majority of the governing bodies of all the Parties, of a resolution
approving such termination (a "Termination Resolution"). The effective
date of termination of this Agreement and of C-MA TT shall be thirty (30)
days after the date of the last Termination Resolution adopted.
14.2.2 Windina-uo. In the event of termination of this Agreement by the
Parties, each Party will use its best continuing efforts to wind-up in a
timely manner its obligations pursuant to this Agreement. Upon
termination of C-MA TT, any funds remaining after payment of all C-
MA TT debts and obligations shall be distributed in accordance with the
then-current CATPA Grant Agreement.
14.3 Final Report. Within ninety (90) days after the termination of this Agreement or
of the end of the last Renewal Term of this Agreement, the Agency of Record will
issue a final financial report accounting for any disbursements or distributions
made to any of the Parties and the disposition of C-MA TT assets, if any.
15.0 INSURANCE
Each Party agrees to either self-insure or maintain during the Initial Term and any
Renewal Term general liability insurance, automobile liability insurance, crime insurance
or fidelity bond, and workers' compensation insurance as to its own employees, all in
such coverage amounts as deemed reasonable by each Party.
15.1 Evidence of Insurance. Upon execution of this Agreement, each Party will
provide evidence of its self-insurance or insurance coverages to the other
Parties. The Parties will ensure that evidence of self-insurance or certificates of
insurance are issued automatically on the anniversary of the Effective Date
throughout the Initial Term and any Renewal Terms.
15.2 Requirements. The minimum insurance coverage amounts required hereunder
for General Liability and Automobile Insurance, unless the Party is self-insured,
shall be not less than $1,000,000, with an annual aggregate limit of not less than
$2,000,000.
16.0 GENERAL PROVISIONS
16.1 Authority. The Parties each represent and warrant that they have taken all
actions necessary to legally authorize the undersigned signatories to execute this
Agreement on behalf of the Parties and to bind the Parties to its terms.
16.2 Assignment. No Party shall assign this Agreement.
16.3 Captions: Construction and Interpretation. The section headings and other
captions contained in this Agreement are for convenience and reference
Page 9 of 13
purposes only, are not part of the understanding of the Parties and will not in any
way affect the meaning or interpretation of this Agreement.
16.4 Claims or Suits. The Parties agree that in the event any claim or suit is brought
against any Party by any third party as a result of the operation of this
Agreement, the Parties will cooperate with one another and with the insuring
entities of all Parties in defending such claim or suit.
16.5 Counterparts. This Agreement may be executed in multiple counterparts, each
of which shall be considered an original, and all of which together shall constitute
one and the same instrument. The signature page of any Party to any
counterpart will be deemed a signature, and may be appended, to any other
counterpart.
16.6 Dispute Resolution. The Board is authorized to resolve any issues or disputes
among the Parties. In the event of a dispute among the Parties that cannot be
resolved by the Board, the Parties shall submit the dispute to mediation by a
mutually agreed upon mediation services provider. Should mediation occur, the
costs of any mediation shall be shared equally by the Parties to the mediation.
Participation in mediation Is mandatory before any civil action arising from or
relating to this Agreement is filed by any Party.
16.7 Electronic Disposition and Signatures. The Parties acknowledge and agree that
the original of this Agreement, including the signature page, may be scanned and
stored in a computer database or similar device and that any printout or other
output readable by sight, the reproduction of which is shown to accurately
reproduce the original of this Agreement, may be used for any purpose as if it
were the original, including proof of the content of the original writing. The
Parties further consent to the use of electronic signatures; provided, however.
that no Party shall be obligated to use electronic signatures. This Agreement,
and any other documents requiring a signature hereunder. may be signed
electronically by any Party in the manner specified by such Party. The Parties
agree not to deny the legal effect or enforceability of this Agreement or object to
the admissibility of this Agreement solely because one or more Parties signed
this Agreement or any related document electronically.
16.8 Entire Agreement. This Agreement represents the entire agreement between the
Parties. and there are no oral or collateral agreements or understandings. This
Agreement supersedes all prior negotiations and understandings of the Parties.
16.9 Force Majeure. Any delays in, or failure of performance by, any Party of its
obligations under this Agreement shall be excused if such delays or failure are a
result of acts of God , fires. floods, strikes, labor disputes, accidents, regulations
or orders of civil or military authorities, shortages of labor or materials or other
causes, similar or dissimilar, that are beyond the control of such Party.
16.10 Governing Law and Venue. This Agreement shall be governed by the laws of the
State of Colorado. Venue for any action arising under this Agreement or for the
enforcement of this Agreement will be in the District Court of the jurisdiction of
the Party defending such cause of action, in accordance with the applicable rules
of procedure.
Page 10 of 13
16.11 Liability; Governmental Immunity.
16.11 .1 Intentional acts or omissions. Each Party will be responsible for its own
negligent or intentional acts or omissions and for those of its
employees, officers, agents and volunteers.
16.11 .2 Governmental Immunity Act. The Parties understand and agree each
Party is relying upon, and has not waived, the monetary limitations and
all other rights, immunities and protections provided by the Colorado
Governmental Immunity Act. C.R.S. § 24-10-101 , et seq. The provision
of services under this Agreement is for the benefit of the Parties. Each
Party agrees to be responsible for its own liability incurred as a result of
its participation in this Agreement. In the event any claim is litigated,
each Party will be responsible for its own expenses of litigation or other
costs associated with enforcing this Agreement.
16.12 Independent Agencies. The Parties enter this Agreement as separate,
independent government agencies and shall maintain such status throughout the
Initial Term and all Renewal Terms.
16.13 Necessary Personnel. Equipment and Facilities. Each Party will maintain a level
of personnel, equipment and facilities necessary to meet its obligations under this
Agreement. Nothing in this Agreement requires any Party to directly fund the
activities of any other Party. Employees and volunteers of each Party shall
remain the employees and volunteers of that Party.
16.14 No Third-Party Beneficiaries. Nothing in this Agreement will be deemed to create
any third-party benefits or beneficiaries or create a right or cause of action for the
enforcement of this Agreement's terms in any entity or person not a Party,
including any Members, employees, officers, agents or volunteers of any person
or entity with whom the Agency of Record contracts.
16.15 Non-Approprjation . Financial obligations of the Parties, if any, after the current
year, are contingent upon funds being appropriated, planned and otherwise
made available by the governing bodies of the Parties. The Parties' obligations
under the Agreement shall be from year-to-year only and shall not constitute a
multiple-fiscal-year direct or indirect debt or other financial obligation of the
Parties within the meaning of Article X, Section 20 of the Colorado Constitution.
Notwithstanding anything to the contrary herein, the Parties understand and
agree that any payment obligation of the City and County of Denver pursuant to
this Agreement, whether direct or contingent, shall extend only to funds
appropriated by the Denver City Council for the purpose of this Agreement,
encumbered for the purpose of the Agreement and paid into the Treasury of the
City. The Parties acknowledge that the City and County of Denver does not by
this Agreement, irrevocably pledge present cash reserves for payments in future
fiscal years.
16.16 Notices. Any notice required or permitted by this Agreement shall be in writing
and given by certified mail or registered mail , postage and fees prepaid, to the
Party to whom such notice is to be given at the address set forth on that Party's
Page 11 of 13
signature page below or at such other address as such Party shall have given by
written notice to the other Parties pursuant to this paragraph.
16.17 Severability. If any provision of this Agreement is held invalid or unenforceable
as to any Party or person by a court of competent jurisdiction, no other provision
will be affected by such holding, and all of the remaining provisions of this
Agreement will continue in full force and effect.
16.18 Waiver of Breach. A Party's waiver of another Party's breach of any term or
provision of this Agreement will not operate or be construed as a waiver of any
subsequent breach by any Party.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Page 12 of 13
ATTEST:
Janelle Shaver, City Clerk
APPROVED AS TO FORM
Gerald Dahl, City Attorney
CITY OF WHEAT RIDGE
Daniel G. Brennan. Chief of Police
Wheat Ridge Police Department
Page 13 of 13
\ '# ...... , ~ City of •
JP'WheatRi_dge
1TEMN0:_2_
DATE: January 25, 2016
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 12-2016 -A RESOLUTION EXPRESSING
SUPPORT FOR CONSOLIDATION OF THE WHEAT RIDGE
FIRE PROTECTION DISTRICT WITH THE WEST METRO
FIRE PROTECTION DISTRICT AND THE USE OF THE
CONSOLIDATED DISTRICT FOR FIRE-BASED
EMERGENCY MEDICAL SERVICES
0 PUBLIC HEARING 0 BIDS/MOTIONS
[8J RESOLUTIONS
QUASI-JUDICIAL:
L-4)7
City Attorney
ISSUE:
0 ORDINANCES FOR 15T READING
0 ORDINANCES FOR 2 ° READING
0 YES [8J NO
c¥.~
The City relies on several providers for emergency management services (EMS). The City
entered into an IGA in 20 II with the Wheat Ridge Fire Di strict and Rural/Metro of Central
Colorado, Inc, d/b/a Pridemark Paramedic Services, for EMS within the service area of the
Wheat Ridge Fire Di strict. The Fairmont and Arvada Fire Di stricts also provide EMS within the
City in their respective service areas. The Wheat Ridge Fire District and the West Metro Fire
District are pursuing consolidation with the consolidated district capable of providing fire-based
EMS. The att ached resolution supports that effort and indicates Council's willingness to
terminate the City's partici pation in the 20 II IGA to aUow the consolidated district to provide
EMS within its service area in the City.
PRJOR ACTION:
On August I, 1988, the City of Wheat Ridge assumed the responsibility of providing EMS
services throughout the Wheat Ridge Fire Protection District. An lGA between the City, the
Wheat Ridge Fire Protection District, and an ambulance service company was signed to provide
EMS.
Council Action Form -Consolidation of Fire Districts
January 25, 20 16
Page 2
On January 23, 2006, an IG A was approved that extended emergency ambulance services within
the entire corporate Limits of the City of Wheat Ridge. At that time, the Arvada Fire Protection
District and Fairmount utilized the same EMS provider.
FINANCiAL IMPACT:
Whil e staff time is necessary to manage the provisions of the EMS contract, there are no specific
revenues or expenditures related to managing this contract. Customers are billed by the EMS
provider for services rendered.
BACKGROUN D:
The Wheat Ridge community is currently served by four fire protection districts: (I) Wheat
Ridge Fire Protection Di strict (WRFPD), (2) Arvada Fire Protection District (AFPD). (3) West
Metro Fire Protection District (WMFPD), and (4) the Fairmount Fire Protection District (FFPD).
Since 1988, the City has assumed the responsibilities associated with managing a contract to
provide emergency medical services. This policy decision was made based on concerns about
service levels being provided by the WRFPD, an all-volunteer department at that time. When
the WRFPD decided to discontinue providing emergency medical services, the City began
providing the service within the boundaries of the WRFPD by contract with a private vendor at
no cost to the City. Jn 2006, this policy decision was expanded to include EMS within the City.
irrespective of a fire district's EMS. City Council designated the Police Department to oversee
this program.
Since 1988, the City has conducted a competitive bid process to select an EMS provider. The
selected provider receives a five-year service contract agreement. The current EMS provider,
Rural/Metro of Central Colorado Inc., d.b.a. Pridemark Paramedic Services, was selected as the
EMS provider in 201 1. The contract is reviewed by City Council annually, and renewed based
on recommendations made by the Police Department and the WRFPD. The current contract
expires on December 31, 2016.
In 2008, City Attorney Gerald E. Dahl provided a legal opinion to staff on the City's obligation
to provide EMS. Mr. Dahl noted that neither the State Constitution nor the City Charter
mention, or require, a municipal duty to provide emergency medical services. Mr. Dahl stated
that State Statute does authorize a municipality to adopt rules and regulations in furtherance of
public health, safety and welfare. This legal opinion reaffirmed the City's authority to provide
these services.
In 201 1, staff from the Police Deparonent met with representatives from each fire protection
district to discuss each district's current model of providing EMS within their district and the
role of the City in providing the services. The AFPD and WRFPD both indicated a desire to
assume responsibility for EMS in their respecti ve districts in the near future. The AFPD was
moving away from contracting with a private EMS provider, and towards a fire-based EMS
model, similar to lhe WMFPD model. At the time, the WRFPD did not have the capacity to
provide advanced life support (ALS) services; however, their Fire Chief expressed a desire to
Council Action Form-Consolidation of Fire Djstricts
January 25,2016
Page 3
move toward the fire-based EMS model in the future. The WMFPD had a long history of
providing fire-based EMS in their district, and wished to continue to do so. The FFPD expressed
a desire to maintain the current EMS contract through a ptivate vendor. A staff report was
presented to City Council on May I, 201 1, seeking direction on emergency services.
At that time, staff recommended the City, through the Police Department, continue to provide
EMS through a private EMS provider until each fire protection district had submitted a business
plan for City Council's consideration regarding providing EMS services within their district.
City Council 's policy direction to staff was for the City to continue providing EMS.
After being consulted about the proposed consolidation of the West Metro and Wheat Ridge Fire
Protection Districts, staff reached out to the four fire protection districts, Rural/Metro, and
Exempla Lutheran Hospital regarding this proposed consolidation. In particular, the unaffected
fire protection agencies were asked to provide infom1ation on how they could provide EMS
coverage within their respective districts, if City Council changed its previous policy direction
based on this proposed consolidation.
Chief Jon Greer of the AFPD indicated his agency would be able to provide EMS based out of
their Station 2, located at 5250 Oak Street. This station already provides fire services within
their service area north of Clear Creek in Wheat Ridge. Faim10unt Fire Chief Alan Fletcher
reported that hls agency will contract with Rural/Metro to provide EMS within their service area,
including Wheat Ridge.
Both Fire Chiefs and the WRPD Chief ha ve spoken to Grant Wicklund, President and CEO of
Exempla Lutheran Hospital, regarding the proposed consolidation. Both Fire Chiefs have
expressed a strong desire to build upon the existing relationship with Exempla Lutheran, and
they do not anticipate a reduction in EMS-related trips to Exempla Lutheran, if the consolidation
occurs. Additionally, there are existing EMS protocols that have been approved by the Denver
Metro EMS medical directors outlining the standard of care for all EMS providers, and both fire
protection districts and private EMS providers adhere to these guidelines.
The tem1 ofthe current agreement is contained in Section 9.0. It is for a period of one year, from
January 2012 thru December 31 , 2012, and it may be renewed for four additional one-year
periods, subject to an annual review and performance evaluation by City Council and the Wheat
Ridge Fire District. The review is normally done in January of the following year. The current
agreement expires on December 31 , 2016. Section 9.2 of the agreement states that either party
may terminate the agreement sooner, other than for cause, with 120 days' notice.
A staff report was presented to City Council on January 19, 2016, on this issue. City Council
gave consensus to approve a Resolution supporting the consolidation of the Wheat Ridge and
West Metro Fire Protection Districts and allowing the new consolidated West Metro Fire,
Arvada and the Fainnount Fire Protection Di stricts provide EMS within their districts.
RECOMMENDATIONS:
Staff recommends approval of the resolution expressing support for the consolidation
Council Action Form -Consolidation of Fire Districts
January 25, 2016
Page4
RECOMMENDED MOTION:
"I move to approve Resolution No. 12-2016, a resolution expressing support for
consolidation of the Wheat Ridge Fi re Protection District with the West Metro Fire
Protection District and use of the consolidated district for fire-based EMS."
Or,
"I move to postpone indefinitely approval of Resolution No. 12-2016, a resolution
expressing support for consolidation of the Wheat Ridge Fire Protection District with the
West Metro Fire Protection Distlict and use of the consolidated distlict for fire-based
EMS for the following reason(s) "
REPORT PREPARED BY;
Gerald Dahl City Attorney
Dan Brennan, Chief of Police
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. J 2-20 I 6
TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 12
Series of 2016
A RESOLUTION EXPRESSING SUPPORT FOR CONSOLIDATION OF
THE WHEAT RIDGE FIRE PROTECTION DISTRICT WITH THE WEST
METRO FIRE PROTECTION DISTRICT, AND USE OF THE
CONSOLIDATED DISTRICT FOR FIRE-BASED EMERGENCY MEDICAL
SERVICES
WHEREAS, the City of Wheat Ridge is a home rule municipality operating under
a home rule charter approved by the electorate under Article XX of the Colorado
Constitution; and
WHEREAS, the Wheat Ridge City Council, as the governing body for the City, in
the exercise of its authority under the charter, has previously approved an
Intergovernmental Agreement (the 2011 IGA) with the Wheat Ridge Fire Protection
District and Rural/Metro of Central Colorado,. Inc, d/b/a Pridemark Paramedic Services
(Rural/Metro) for the provision of emergency medical services (EMS) within the City and
the service area of the Wheat Ridge Fire Protection District; and
WHEREAS, the Council is aware that the Wheat Ridge Fire Protection District
and the West Metro Fire Protection District are currently pursuing consolidation under
relevant Colorado statutes, so as to constitute a single Consolidated District; and
WHEREAS, the two Districts have made the Council aware that the fiscal viability
of the Consolidated District would be enhanced to the degree the Consolidated District
were also to provide EMS services; and
WHEREAS, the Arvada Fire District provides fire-based EMS services and the
Fairmount Fire District will contract for EMS within their respective service areas the
City; and
WHEREAS, the 2011 IGA for EMS services among the City, Rural/Metro and the
Wheat Ridge Fire Protection District permits the City to terminate its participation upon
not less than 120 days written notice.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council:
Section 1 . The City Council hereby expresses its support for the proposed
consolidation of the Wheat Ridge Fire Protection District and the West Metro Fire
Protection District.
Section 2. In the event the two Districts are ultimately successful in creating a
Consolidated District, the City Council would consider exercising its option to terminate
its participation in the 2011 IGA and allow the Consolidated District, the Arvada Fire
Attachment 1
District, and the Fairmount Fire District to provide fire-based EMS services within the
City, subsequent to and in compliance with the notice requirements of the 2011 IGA.
Section 3. This Resolution shall take effect upon approval by the Council and
signature by the Mayor.
DONE AND RESOLVED this __ day of _____ , 2016.
Joyce Jay, Mayor
ATIEST:
Janelle Shaver, City Clerk
2
... ~4(
... • ~ City of • .. ~Wheat;Rl_dge ~OFFICE OF THE MAYOR
Memorandum
TO: City Council
FROM: Mayor Joyce Jay
DATE: January 25,2016
SUBJECT: Mayor's Community Exchange Committee Recommendations
I would like to thank all the members of the Community Exchan~e. I am pleased to bring
forward these recommendations for discussion at the January 251 ' Council meeting.
BACKGROUND
After meeting with citizens at the July Coffee with the Mayor, it was suggested that I create an
opportunity to bring citizens together for conversations about communication -looking at how
citizens can be fairly served and their opinions heard within the context of representative
government.
I asked for interested participants to be on the Community Exchange Committee at the Town
Hall Meeting in August. Twenty two citizens from all Counci l di stricts signed up to participate.
The Community Exchange members met on October 28111 and November II'". KathJeen Novak
faci litated both of the meetings. Kathl een consults in the areas ofleadership development,
management training, team building and facilitation. and has been teaching management since
199 1.
The group fonned desired outcomes as:
• Identify a way to enhance communication among and between the City and its residents,
particularly around "big" issues and projects
• Develop recommendations on processes through whi ch the City can engage its residents
in civil, meaningful, productive and inclusive community dialog and engagement
NEXT STEPS
Nineteen recommendations from the Community Exchange Group are summarized in
Attachment 2. Members were asked to rank their top three priorities from the list and submit
them to be consolidated and presented to City Council. The rankings are:
Subject: Mayor's Community Exchange Recommendations
Date: January 25,2016
Page 2
1. More district meetings (inclusive and available)
• Regular Quarterly meetings at the same place
• Open session with two councilmembers or alternates
• Informative Q&A, complaints and compliments
• Occasionally combine with other districts (required/face-to-face)
• Open conversations -listening and connection with people
2. More informal and small group meetings with Mayor and Council (look to
Edgewater)
3. More information out:
Robo calls, postcards, website, emails, apps (Edgewater)
4. Tutorials on the website -civics 101 , how the planning com..nUssion works, etc.
(Video tape, citizen academy presentations)
5. Citizens need more info on how elected officials come to their decisions
Members from the Community Exchange have been invited to attend the January 251h Council
Study Session. Overall. I believe the formation of the Community Exchange was a positi ve step
in building greater engagement in the community. 1 encourage Council to reach out to Wheat
Ridge citizens and incorporate the committee's recommendations into future communication
plans.
ATTACHMENTS
I . Community Exchange members
2. Community Exchange Recommendations dated November ll, 2015
3. City's Current Communication Tools, Demographic Jn fom1ation, Board and
Commission Info rmation
~ • n
~
:1 • ~ ..
~
I
Ryan
Anne
Jen
Ellen
Milly
Peter
1-Lorrie -f-
Roger
Kim -
Kathy
Patti
Saha
John
Debbie
Leslie
Korey
Jim -
Bryce
Pat
Evan
Chad
Wanda
,__
Mitchell e-mail
Brinkman Town Meeting
Pie I Town Meeting
Goodnight Town Meeting
Nadler Town Meeting
Marks Town Meeting
Odom I Town Meeting
Loecher II Town Meeting
Calomino II Town Meeting
Havens II Town Meeting
Meeker Town Meeting
AmaraSingham PhD I e-mail/Town Meeting
Clark IV e-mail
Sarcone I -Wilson Langsdon I e-mail
Stites e-mail/call
Meeker
Klinetobe e-mail
Clark II Town Meeting
Lay II Town Meeting
Harr II Town Meeting
Sang II e-mail _] ___ ---
; 111tu~-<TUJ
COMMUNlTY EXCHANGE
November 11, 20 15
Recommendations of Community Exchange Group
I . More information out:
• Robo calls, postcards, website, emails, apps [Edgewater]
2. More informal and small group meetings with Mayor and Council [Look to Edgewater]
3. More district meetings (inclusjve and available)
• Regular quarterly meetings at the same place
• Open session with two councilmembers or alternate
• Informative Q & A, complaints and compliments
• Occasionally combine with other districts (required/face-to-face)
• Open conversation-listening and connection with people
4. Drive to get people to opt in to communication lists-tied to correct email/robo-calllist
S. Change/expand the boundaries for notifications of public hearings -more people -land use,
zoning, general info, larger signs for public hearings; information on signs
6. Can "the plan" be posted in the affected area for the public to view? Big sign?
7. Tutorials on the website -civics 10 I, how the planning commission works, etc. (videotape,
citizen academ)' presentations
8. ..Cliff Notes" version of the minutes, how to read and understand the agenda, who's who
9. Saturday sessions on "big issues" conversation dialogue, not just an info push
1 0. Lower barriers to engagement
• Less intimidating, more intuitive
• Food, coffee (beer)
• Cbildcare
• Presence at normal community activities, fanner's market
• Welcome Wagon-folders of information, engage realtors
11 . Engage property managers to help get info out to renters
12. Monitor social media and as citizens taking initiative to call City of Wheat Ridge
13. Who Ya Gonna Call -disseminate digitally
14. Cultivate the '·resource·· that is those who have volunteered for the City of Wheat Ridge
Attachment 2
I 5. Look at using shon-tenn groups -·widely noticed, open for input -ad-hoc
16. Look to see if there might be sponsorship and grand dollars to help with these efforts
17. Citizens need more info on how elected officials come to their decisions; fonn e.o. at all
meetings
18. Mayor and council should act in a trustworthy manner
19. Publicly available Council list serve.
Community Exchange Meeting #1 Handout
CITY COMMU NICATION TOOLS:
Print
• Quarterly Connections Newsletter
• Wheat Ridge Police Department Annual Report
• News releases
• Media advisories
• Mayor's E-Newsletter
• Recreation Center Activities Guide
• Active Adult Center Possibilities Guide
Social Media
• City of Wheat Ridge Website
• City of Wheat Ridge Facebook page
• Recreation Center Face book page
• Police Department Facebook page
• Police Department Twitter page
• Next Door
WRTV8 Government Access Channel
• Regular City Council meetings
• City Council Study Sessions
• Wheat Ridge Top of the Hour
• Election Forum(s), i.e., Wheat Ridge United Neighbors, League of Women
Voters
Other Media
• Wheat Ridge Transcript
• Wheat Ridge Neighborhood Gazette
• Colorado News Channels 2, 4, 7, 9 etc.
Attachment 3
1
DEMOGRAPHIC INFORMATION:
Age
• Age 18-34
• Age 35-54
• Age 55 and over
Race
Black or African American alone, percent,
2010(a) 1.2%
American Indian and Alaska Native alone,
percent, 2010 (a) 1.2%
Asian alone, percent, 2010 (a) 1.6%
Native Hawaiian and Other Pa cific Islander
alone, percent, 2010 (a) 0.1%
Two or More Races, percent, 2010 3.4%
Hispanic or Latino, percent, 2010 (b) 20.9%
White alone, not Hispanic or Latino,
percent, 2010 74.0%
Miscellaneous
• Homeownership rate*
• Median household income*
Persons below poverty level*
26%
35%
39%
4.0%
1.1%
2.8%
0.1%
3.4%
20.7%
70.0%
55.2%
$48,063
14.1%
65 .4%
$58,433
13.2%
2
BOARDS, COMMISSIONS, COMMITTEES
CITY OF WHEAT RIDGE
BOARDS AND COMMISSIONS AUTHORIZED BY SECTION 2-15 THROUGH 2-26 OF
THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE
BOARD OF ADJUSTMENT
Meets 4th Thursday, 7:00p.m., Council Chambers, Municipal Building
BUILDING CODE ADVISORY BOARD
Meets 2nd Wednesday, 9:00 a.m. as needed.
CULTURAL COMMISSION
Meets the 2nd Wednesday of every month at 6:00p.m. at the W.R.Rec Center, 4005
Kipling St.
ELECTION COMMISSION
Meets as required
HOUSING AUTHORITY
Resolution 01-2001 : appointed by Mayor-ratified by Council (Five Year Term)
Meets 4th Tuesday 4:00 p.m., City Council Chambers
JEFFERSON COUNTY LIBRARY BOARD LIAISON
LIQUOR LICENSING AUTHORITY
Meets 2nd and 4th Thursday, 9:00a.m., Council Chambers, Municipal Building
PARKS & RECREATION COMMISSION
Meets 3'd Wednesday, 7:00p.m., Wheat Ridge Recreation Center, 4005 Kipling St.
PLANNING COMMISSION
Meets 151 and 3rd Thursday, 7:00p.m., Council Chambers, Municipal Building
RENEWAL WHEAT RIDGE
Ordinance 709-appointed by Mayor-ratified by Council (Five Year Term)
Meets the 1st and 3rd Tuesday of Every Month @ 6:00 p.m.
And/or as needed.
WHEAT RIDGE ACTIVE ADULT CENTER COMMITTEE
Appointed by Mayor
Meets second Monday of every other month at the Active Adult Center at 9:00a.m.
3