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City Council Meeting Packet 02-08-16
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING February 8, 2016 7:00p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Maureen Harper, Public Information Officer, at 303-235-2877 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 SPECIAL MEETING MINUTES January 20,2016 PROCLAMATIONS AND CEREMONIES 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. 13-2016-amending the Fiscal Year 2016 Budget to reflect the approval of a Supplemental Budget appropriation for the re-appropriation and re- encumbrance of 2015 Fiscal Year encumbered funds in the amount of $3,581,804.10 b) Resolution No. 16-2016-amending the Fiscal Year 2015 Crime Prevention/Code Enforcement Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $50,390 for the purpose of funding Medical/Dental Insurance, Staff Salaries and Overtime c) Motion to accept Rights-of-Way and Temporary Construction Easements from adjacent property owners along Tabor Street between 491h Ave. and Ridge Road CITY COUNCIL AGENDA: February 8, 2016 Page -2- CONSENT AGENDA CON'T d) Motion to renew the Agreement with Front Range Services, Inc., Commerce City, Colorado for Bus Shelter Cleaning & Snow Removal Services and Bus Bench Refuse Collection and Cleaning Services and approve payment in a total amount not to exceed $36,000 e) Motion to approve the renewal of the Agreement with W.L. Contractors of Arvada, Colorado for on-call Traffic Signal Repair Services and approve payment in a total amount not to exceed $45,000 f) Motion to approve the annual renewal of Licensing and support for the Computer Aided Dispatch and Records Management System in the amount of $86,423 Payable to Logistic Systems, Inc. g) Motion to approve the annual payment of $53,17 4.68 to the City of Lakewood for Police Radio System Services ORDINANCES ON FIRST READING 2. Council Bill 03-2016 -approving the rezoning of property located at 3865 Kipling St. from Residential-One (R-1 ) to Mixed Use-Commercial (MU-C) (Case No. WZ-15- 12/Equinox) DECISIONS, RESOLUTIONS AND MOTIONS ~ Motion to award contract to Mid-America Pool Renovation, St. Louis, Missouri, in the amount of $170,795 for the purpose of water toy replacement and resurfacing of the Outdoor Pools at Anderson Park and to approve a Contingency amount of $17,000 for a total of $187,795 4. Resolution No. 14-2016-approving the renewal and Amendment of an Intergovernmental Agreement for Ambulance Services among the City of Wheat Ridge, the Wheat Ridge Fire Protection District and Rural/Metro of Central Colorado dba Pridemark Paramedic Services, LLC 5. Resolution No. 15-2016-supporting Redevelopment of the Fruitdale School through a Public-Private Partnership proposed by Hartman Ely Investments 6. Motion to waive the Attorney-C lient Privilege as to the direction given to the City Attorney at the January 251n Executive Session DISCUSSION ITEMS 1. Website Redesign Presentation 2 . Discussion concerning Freestanding Emergency Rooms 3. Discussion of amendment to Ordinance for Pawn Shops and Secondhand Dealers 4. Review of Council Rules of Order and Procedure CITY COUNCIL AGENDA: February 8, 2016 CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT Page -3- @11~~ CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL B UILDING January 20, 2016 CALL TO ORDER Mayor Jay called the properly noticed Special City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLLCALL Monica Duran George Pond Janeece Hoppe Tim Fitzgerald Absent: Genevieve Wooden Zachary Urban Larry Mathews Kristi Davis Also present: City Clerk, Janelle Shaver; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Public Works Director, Scott Brink; Community Development Director, Ken Johnstone, other staff, guests and interested citizens. Motion by Councilmember Pond to suspend the rules and address the published agenda item; seconded by Councilmember Urban; carried 7-0. Mayor Jay gave some opening remarks reviewing the Cre8 Your 38 meeting process. The three councilmembers who called the meeting outlined their concerns Councilmember Mathews explained that last year, at a study session in May and a Council meeting in July, two points of consensus were reached. 1) After the 2014 vote we should work on streetscapes that are compatible with existing curb lines. That has nothing to do with the number of lanes. 2) We need to start with a clean slate. He believes the flaws are not with the process, but how it has been executed. • He noted plans began last Thursday to fix the flaw of lack of seating capacity. • A major complaint he heard from people who left early last Thursday was that it was just another set-up with a fixed outcome. • The process was supposed to be unbiased. The consultant was to meet with people on both sides, but met with groups who, for the most part, shared one view point. Only one group had people from both viewpoints. • A "clean slate" was lost in the shuffle. o The presentation had a clear message that 4 lanes is bad/dangerous and 3 lanes is good/safe. o Some parameters about cost or expectations about what was feasible would have been sufficient guidelines. Special City Council Minutes, January 20, 2016 Page 2 o Indicating the location of the existing curb would have given people a true picture of what they had to work with. • Overlooked the possibility of actual voting by people from outside the city They didn't dream that people from outside the City would be invited to come and vote their agenda. He believes Council needs to define and refine participants and voting procedures. We still have much to accomplish and he urged people not to lose faith in the process. Council will do its best to provide full disclosure, fix the flaws and regain the people's trust. Councilmember Urban is encouraged by the attendance and wants the process to proceed and be successful. He agreed to co-sponsor calling this meeting to give Council an opportunity to improve and verify the process being used to glean input from the citizens -registered electors, and business and property owners along 38th. His requests for logistical and data tracking changes include: • Three areas are not being considered: cost, impact and implementation o Cost of different design elements haven't been determined, allocated or identified o How will the plan for at least three lanes of eastbound traffic from Wadsworth be channeled to one lane in less than a block? o What are the possible traffic impacts from an apartments complex planned for 38th & Upham? o What will be the construction impact on small businesses on the corridor? • Asking each participant's name, address, phone number, and if they are citizens, business or property owners • Check out a clicker, and check it back in. • Determine if types of stakeholders can be tracked to the clickers to analyze aggregate demographic data • Attendees from last week be allowed to attend this Thursday, but not vote. • Participants from the first and second meetings be allowed to vote (online) on the designs from the meeting they didn't attend. • Full name and street address; each person only one vote. Councilmember Duran was encouraged to see people come together last Thursday. She feels Council has an opportunity as leaders to learn from mistakes and move forward with accountability and transparency. People recognize the past, are part of the present and embrace the future. We should listen to all the concerns. She expressed the meeting tonight is not about calling foul game; it's about listening to all our citizens. Her concerns are: • Keeping the voting to WR residents, property and business owners • How to safeguard against multiple voting with the online voting process • Making the public aware of development at 38th & Upham and future plans by COOT to increase the number of lanes on Wadsworth, and how those will affect 38th Avenue. • When we get to the top 3 -5 designs, cost should be included. Special City Council Minutes, January 20, 2016 Page 3 The consensus may not be perfect for everyone, but if we meet the needs of most it will be a success. Citizen comment Carol Mathews (WR) questioned the impartiality of the consultant noting she met with a bicycle club -not the businesses. Last Thursday we were told 3 lanes was the only safe option. We weren't told how wide the lanes were, anything about cost, that a 10 ft sidewalk might take 5 ft from a business's property, that the 5 ft sidewalks in several places can't be expanded, or that 200 apartments are planned at 381h & Upham. Chris McCune (WR) supports the process. Helpful parameters could guide the process a little better. The focus on lanes probably got too specific and knowing the cost would be helpful. He doesn't support having attendees distinguish whether they are residents or business owners, but he does think it's a good idea to make sure the people who participate actually live here. He doesn't want to see residents pitted against businesses. Chad Harr (WR) is appalled this meeting was called; he believes it was based on hearsay and rumors. He's excited about non-residents participating; he believes they should have a say. Not everyone agreed, but everyone got heard. He thought it was the most open and transparent meeting he's ever been to in the City. The voting was honest and couldn't be spun by made up facts or half-truth robo-calls. He understands less than 5% of the attendees were non-residents -not enough to sway any vote. He thinks the councilors who called this special meeting should be ashamed for wasting everyone's time and continuing to grow the rumor mill that keeps diving the City. Diane Robb (WR) was amazed at the attendance and the enthusiasm, and was happy to see so many new participants. She feels the meeting was well-run and encouraged discussion at the table level. Everyone had the opportunity to speak. She understands the voting wasn't exact, but feels it didn't need to be. It was only to get general consensus and give clear direction about what the majority of the participants want. Gretchen Cerveny (WR) was excited to see all the people at the meeting last week - especially so many young people participating. She thinks including addresses when signing in would be an improvement. but the process was wonderful and the clicker voting is good. We want people to participate. The perception is that people didn't vote right, so we have to fix the process. It's just to see what people thought -nothing final. Lloyd Rogers (business on 381h) is concerned how the meeting was conducted, not the results. He felt % hour of instructions was unnecessary and the directions were unclear. He felt the outburst at the beginning was controlled poorly. He's concerned that having a consensus of the people is contradictory to one person one vote. Rich Dougherty (WR) was excited to see younger people at the meeting. He thinks Wheat Ridge is an unknown gem and the turnout last week shows that. Kelsey Robb (WR) loved the meeting. She met one of her neighbors for the first time and saw new people who never contributed before. She explained how it went at her Special City Council Minutes, January 20 , 2016 Page4 table. She believes that people who came should be heard whether they live here or not. She doesn't think asking for the existing curb to be identified is a "clean slate". Michaellllo (WR) said his concern with the process is the curb line. 28 was voted down; it doesn't matter if people want to move the curb 1ft or 10 ft. Some of the plans that were created and voted on moved the curb line. It feels like we're being coerced to go against the previous vote on the curb lines. Council should embrace the culture of the City -which you can't do if you present a process that contradicts what people voted for. If Council knows the will of the people regarding the curbs, who/what is behind this process that encourages people to widen the curbs? Charlotte Kettering (WR) was overwhelmed by the attendance and the number of people turned away. She hopes they exclude the people who attended last week. She's very concerned about how the traffic from a double left turn coming off of Wadsworth will be handled, as well as the plans for 200 apartments at 38th & Upham. Will that require a light? These things are important and should be part of the discussion because the state will require it. Davis Reinhart (WR) said it isn't a perfect process, but he thought it was good. It's hard for him not to conclude that people are uncomfortable with the outcome-not the process. He believes the process is being attacked because people are concerned with the outcome. It's Council's job to sort the wheat from the chafe [sic). He doesn't think the process was flawed in any meaningful way. Rachel Hultin (WR) was overwhelmed by the sense of community in the room. People at her table felt it reflected their values. To her the highest quality outcome from last Thursday is that they connected and learned about shared values. She feels our main street needs to be a place for everybody. She took some probable responsibility for some of the concern about outreach to people outside Wheat Ridge. Just as Denver is soliciting input about their Broadway corridor from anyone who drives there, she feels that people from outside our city should have their wishes included about 381h Ave so they will come and shop here. She believes they are stakeholders too. Tim Tindle (WR) felt it was a very constructive, civic process. He feels a handful of people have concerns due to social media. He related his table's experience. He believes any changes to the process compromises the results . He suggested the moderator could be more neutral. The developer for 381h/Upham was at his table; he has a real interest in our City. Mr. Tindle feels we should welcome interested outsiders. Kim Tenure (WR) said democracy is ugly. She's from New York and has lived in WR two years. She was disappointed in some of the process. She'd like to see more opportunities to be involved for people who work nights. She suggested having smaller local meetings. Her table didn't have time to find out where they agreed. She liked the outside facilitator, but felt some opportunities weren't given the same weight. She would have appreciated having more background information. lhor Figlus (WR) thought it was a fun exercise, but really just a game. They weren't presented with the reality of things like costs, traffic flow, what businesses want, or even the concept of the whole Wadsworth to Sheridan corridor. He noted the meeting was run by a facilitator who stood before Council and poo-pooed the vote of the people, Special City Council Minutes, January 20, 2016 Page 5 saying "they didn't realty mean it". A Council vote of 5-4 is just as legitimate as a vote of 7-1 . The citizens voted a certain way. Council should direct the City administration to create a process that is within the parameters of what the people already voted on. Having 300 people create designs and then voting on which drawing they like best doesn't stand when the whole city goes out and votes on election day. Mary Drobnick 0/'JR) is unpolitical. She thought the meeting and the consultants were fabulous. She didn't note any favoritism. She left feeling positive, feels positive about what's going to happen on 381h Ave, and thinks the Broncos will win Sunday. Ann Brinkman 0/'JR) was heartened by the meeting last Thursday. She thinks getting people's addresses would be good, but also that citizens have just as much right as 38th Ave business/property owners. Her table didn't have consensus because they didn't have enough time. Council has a fiduciary responsibility to make sure the plan is in place before going to the citizens. Council knows what works and what doesn't; they should use our money wisely. She's offended that she has to be at this meeting tonight. She believes Council should figure it out. Scott Christopher 0/VR) asked Council to support the process as it is outlined. He felt it was productive, informative and reasonably collaborative. His table was diverse and achieved no consensus, but was respectful at disagreement. He welcomes the input of people who don't own property in Wheat Ridge and doesn't think any stakeholder's opinion should be more important that another's. Caroline Mallory (WR) feels the process wasn't well described. Missing were an explanation of the difference between main street and corridor, long term traffic plans that will impact flow, and other possible plans for development that will have impact. At her table consensus-building took so long they didn't have time to plan. She thinks only WR residents and business owners should be counted. We couldn't go to other cities and be counted. Non-residents who shop or work here may have valuable input to consider, but we're paying for it. She believes business owners are very important and should be included. She feels tonight's meeting helps make the process more effective. Karen Berry (yVR) said it appears to her that the councilmembers who called this meeting believe some opinions have value and some do not. She supports including people who live, vote, own businesses, work or shop here. Our City will only be successful if residents and non-residents shop here. Why not include everyone? She thinks a meeting like this divides the community, and asked that it stop now. This is a collaborative process. Council should let it run its course, listen to all stakeholders and then make a decision. Vivan Vos 0/VR) thought the process was to be about design, but the voting got it off track. She heard the consultant tell the Council that her company would refine 3-5 designs that represented what was submitted and bring those to the February meeting. The voting and who gets to vote have become an issue, so she suggest not having any voting now -wait until the designs are refined and then have online voting. She favors asking for addresses to ensure that people who live in WR are making the decision. Kim Calomino 0/VR) thought the meeting was filled with enthusiasm, excitement, and investment in our community. She didn't sense any bias from the consultant. Her table Special City Council Minutes, January 20, 2016 Page 6 discussed their values. She's disappointed that some thought this meeting tonight was necessary. We all value accountability and transparency; she wants to know who is accountable and transparent for making the accusation that citizens who participated last Thursday were illegitimate or dishonest. She believes calling this meeting shows distrust of citizens and that the votes of last Thursday should count because they were heartfelt. She urged Council not to disappoint the citizens, but to see this process through and move forward in a collaborative way without a "Yea, but...". John Clark (WR) appreciates this meeting tonight and noted that everyone who came last Thursday probably drove a car. He related the democratic process at his table: They took an immediate vote for 3 lanes and didn't discuss trees, bicycles, walkability or safety. He hopes some line can be drawn for who can vote. He's curious where the number of 5% non-residents came from. He believes WR residents and business/property owners have more stake than those from elsewhere. Mike Stites (WR) thought the intent last Thursday was good in that it brought people together. The first flaw he sees in the process is back when the trial period for the road diet ended. Originally to be 18 months, it was extended to 24 months and has never had a real critique. It's just been forced on people and goes on and on. Also, at no time have they ever had a proper meeting with the business and property owners on 381h - who all want 38th to succeed because it's their livelihood. They have some great ideas, but they've never been allowed to be heard. He's not offended to be here tonight. If it takes meeting like this to get it right, we need to keep doing it. Letters Councilmember Duran read a letter from Gil McCormick of WR Cyclery praising the Cre8 Your 38 process and encouraging Council to continue with it. She also read a letter from an anonymous, concerned 38th Avenue business owner outlining his concerns: 1) Citizens and business owners should have the greatest influence, 2) Need and cost to redo the sidewalks, curbs and storm drains on 38th needs more attention, 3) Construction time and impact to traffic and businesses was not discussed, 4) It's the same J>lan to narrow the street that voters rejected, and 5) For business redevelopment on 38 & Wadsworth to be successful a convenient, low-congestion, east-west street for automobile traffic needs to exist. Councilmember Hoppe read letters from Kevin Keady (WR) and Lloyd Levy (WR), both of which were supportive of last Thursday's meeting, the facilitator, and the process. Discussion followed. Patrick Goff, city manager, indicated the issue of cost was intended to be brought forward later in the process. Council remarks Councilmember Fitzgerald reviewed the purpose of the project: • Improve property values on 38th Ave and its surrounding neighborhoods • Removing blight and under-used properties from 38th Ave Special City Council Minutes, January 20, 2016 Page 7 • Move into the 21st century. This is no longer the age of the automobile; it's the age of people walking, biking and interacting. Old people will die and young people will move here so we should build for the future. • Provide an identifying focal point, a lively bustling symbol, a gathering place-not a quiet blighted street that just moves traffic. To build a better place for our children; that's what government is and all citizens should be about. Regarding the process: • It was designed to turn the entire design process over to the citizens because Council has been criticized in the past on its design attempts. • The first meeting is just to get a consensus -to see what people want. • There's been a huge amount of publicity so no one can say they didn't know about it. • Everyone was given the opportunity to express their opinion. • The process is not about changing the road width, but only to make things fit into the space that's there. • Consideration of things like cost, the West End project [apartments at 38th & Upham] and Wadsworth will come later. • He believes it was almost a perfect exercise in democracy. • We can't allow the preventers of progress to poison this process. • There were only 2 people from out of town that he could identify. Councilmember Davis • Apologized for the problems (lack of parking, people being turned away, not enough clickers), which she senses were a result of the large volume of people. • Thinks checking out clickers is a good idea. • Thinks people felt safe, had fun and enjoyed the process. • Believes we can learn; there are things we can fine tune in the process. Councilmember Hoppe • Observed new citizens were in the process sharing and being engaged. • Believes it was stated up-front that going outside the 60ft ROW was getting onto private property. • Likes the real time voting process; it was just to find some consensus. • Felt it was a creative team-building process. • Is comfortable with checking out clickers, cross checking address to avoid duplicate voting, and having someone being the heavy at the beginning to lay down the law so people feel safe. Councilmember Pond wasn't at the meeting, but is happy to learn there were new people involved and that people worked together. He would celebrate two things: • The outreach worked so well we had problems with too many people • We got people to sit down and talk about hard things. He supports small modifications to the process. • Supports taking addresses, but not with trying to 10 stakeholders • Supports limiting comments at 1 B to people who were turned away last week • Doesn't support !Ding a person with a clicker Special City Council Minutes. January 20, 2016 Page 8 He believes the voting was just consensus-building and doesn't think it was a serious issue to include people from outside the community. Councilmember Urban clarified that he does think residents' wishes should have more weight than that of a business owner who doesn't live here. After that he would look to business and property owners. He accepts stakeholders who don't live in WR and thinks they should offer input; he absolutely doesn't want to exclude them . He just wants to be able to know what the residents want. His point about the clickers was not to identify individual people-just to possibly identify what type of stakeholder a vote came from. He agrees it was a good process; he'd just like to make it better. Councilmember Duran doesn't want to change the process -just tweak it. She thinks it's a good process. She supports keeping it to WR residents and business and property owners; they have a higher stake in this. She believes there are thousands out in the community who want to be involved and heard, and she doesn't want them to turn away because they feel they aren't being listed to. Councilmember Mathews repeated that he wants to preserve the process. • He doesn't th ink people understood about the three sections of 381h. • He doesn't want people to walk away with expectations about what we can and can't deliver. • He's not in favor of people who don 't live here having a say. Input yes, but not voting. Staff comments Mr. Goff reported. • Staff already considered the possibility of a large crowd and the need for a second meeting. • The February meeting is advertised for the Rec Center. The gym could be a possibility to provide more space, but the acoustics aren't good. • They'll work on shuttle service from across the street as parking is a concern, and there will be a crossing guard. • Tomorrow's meeting is in the same ball room. The process will be the same, but they will ask for residents' addresses. Mark Westberg, City engineer, announced the van at the Active Adult Center will leave at 5:00pm. He'd really like people who came to the first meeting to stay home tomorrow so there is room for the people who got turned away last week. He wants to keep the process as close to the same as the first meeting as possible. They are working on things for the February meeting --which will also be collaborative. Maurine Harper, City public information officer, reported they are conducting an online survey for people who couldn't attend the first or second meeting. Folks will have to give their name and address and read through some information, then they'll be able to vote on the designs from the two Thursday meetings. The survey will run from Friday through close of business on Monday. This survey will take the place of a Saturday meeting. This survey will be announced on all social media channels. Special City Council Minutes, January 20, 2016 Page 9 There was some Council discussion about participation from non-residents. Motion by Councilmember Davis to move forward with a similar process as last Thursday with fine-tuning for parking and transportation, encouraging folks who already participated to make room for new participants, asking participants to provide their home address, and further that items of concern such as cost, proposed development and the PEL study will be addressed as we move forward; seconded by Councilmember Mathews. It was clarified that the online survey will be available to everyone. Staff has agreed to have more clickers. The motion carried 7-0. ADJOURNMENT The Meeting adjourned at 9:26pm. Janelle Shaver, City Clerk APPROVED BY CITY COUNCIL ON FEBRUARY 8, 2016 BY A VOTE OF_ TO_ 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 OVO's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. ITEM NO: _la_, DATE: February 8, 2016 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 13-2016 -A RESOLUTION AMENDING THE FISCAL YEAR 2016 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE RE-APPROPRIATION AND RE-ENCUMBRANCE OF 2015 FISCAL YEAR ENCUMBERED FUNDS IN THE AMOUNT OF $3,581,804.10 0 PUBLIC HEARING D BIDS/MOTIONS [8J RESOLUTIONS QUASI-JUDICIAL: ISSUE: 0 ORDINANCES FOR l ST READING 0 ORDINANCES FOR 2ND READING D YES City Manager There are 4 7 open purchase orders from the 20 15 budget that need to be carried over to the 2016 budget. Each purchase order is associated with a specific project that was not fully completed in the 2015 fiscal year. The funds which were encumbered for these purchase orders' were transferred to the unreserved fund balance of the relevant fund when the purchase orders were closed. To continue these projects in 2016, a supplemental budget appropriation in the amount of $3,581,804.10 is necessary to allow transfer of these funds into specific budget line items in the 20 16 Budget. PRIOR ACTION: None FINANCIAL iMPACT: A supplemental budget appropriation is requested in the amount of $3,581 ,804.1 0. When the purchase orders were closed on December 3 I, 2015 the funds encumbered for those purchase orders were transferred to the unreserved fund balance in each of the funds listed below. Therefore, there are adequate funds in the various unreserved fund balances to meet thj s request and there will not be a net negative effect to the unreserved fund balances. A detailed list of open purchase orders for 2015 is attached. Council Action Form -2015 Carryovers February 8, 2014 Page 2 The funds will be distributed as follows: General Fund Police Investigation Fund Capital Investment Program Fund (CIP) Open Space Fund Conservation Trust Fund Equipment Replacement Fund Total: BACKGROUND: $ 297,027.40 $ 23,536.00 $ 2,278,980.95 $ 826,865.30 $ 9 1,885.45 $ 63.509.00 $ 3,581 ,804.1 0 Swanhorst & Company LLC, the City's independent auditor, included the following note and recommendation in their 2004 audit management letter dated March 25, 2005: Tlze Ci(v currently utilizes encumbrance accounting. State budget law requires there- approprialion of purchase orders and projectsfor each new budget year. While the City is a home- rule City and is not required to follow the State law, currem practice throughow Colorado does not in.clude the use of encumbrances. We recommend that the Ci~y consider utilizing general~y accepted accounting principles (GAAP)for its budgeting basis. This will allow the City to use a single basis of accouming and simplify the budgeting and accounting processes. City Council adopted the 2004 Comprehensive Annual Financial Report on August 8, 2005 and approved a motion to direct staff to implement this recommendation. RECOMMEND A T.IONS: Staff recommends approval of the supplemental budget appropriations. RECOMMENDED MOTION: "I move to approve Resolution No. 13-2016 -A resolution amending the Fiscal Year 2016 Budget to reflect the approval of a supplemental budget appropriation for the re-appropriation and re- encumbrance of the 2015 fi scal year encumbered funds in the amount of $3,581 ,804.1 0." Or, "l move to postpone indefinitely Resolution No. 13-2016, a resolution amending the Fiscal Year 2016 Budget to reflect the approval of a supplemental budget appropriation for the re-appropriation and re-encumbrance of the 2015 fiscal year encumbered funds in the amount of $3,581 ,804.1 0 for the following reason(s) " REPORT PREPARED AND REVIEWED BY: Jennifer Nellis, Purchasing and Contracting Agent Heather Geyer, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: I. Resolution No. 13-2016 2. Open Purchase Order Report for 20 15 TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 13 Series of 2016 A RESOLUTION AMENDING THE FISCAL YEAR 2016 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE RE-APPROPRIATION AND RE- ENCUMBRANCE OF 2015 FISCAL YEAR ENCUMBERED FUNDS IN THE AMOUNT OF $3,581,804.10. WHEREAS, the City's independent auditor has recommended that the City utilize generally accepted accounting principles (GAAP) for its budgeting basis which requires all encumbrances to expire at year end; and WHEREAS, 47 open purchase orders from 2015 were closed on December 31 ,2015;and WHEREAS, to continue these projects in 2016 a supplemental budget appropriation is necessary to transfer the funds from unreserved fund balances to specific 2016 budget line items: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City of Wheat Ridge fiscal year 2016 Budget be amended accordingly, specifically transferring a total of $3,581,804.10 from the following unreserved fund balances to specific 2016 Budget line items as detailed in the attached spreadsheets: General Fund $ 297,027.40 Police Investigation Fund $ 23,536.00 Capital Investment Program Fund (CIP) $ 2,278,980.95 Open Space Fund $ 826,865.30 Conservation Trust Fund $ 91 ,885.45 Equipment Replacement Fund $ 63,509.00 Total: $ 3,581 ,804.10 DONE AND RESOLVED this 081h day of February 2016. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 PO/LINE ORDERED DESCRIPTION General Fund 01-103-700-750 PROFESSIONAL SERVICES OPEN PURCHASE ORDER REPORT FOR 2015 END OF YEAR OPEN QTY OPEN AMT 61650/1 11/17/2015 2014 AUDIT and 2015 INTERIM AUDIT SERVICES 1 $ $ 9,200.00 $ 9,200.00 01-103-700-750 TOTAL ORIGAMT VENDOR NUMBER/ NAME 17,500.00 21267 SWANHORST & COMPANY LLC Description: The remaming balance m PO 61650 is for 2015 mtenm aud1t serv1ces. The on-site aud1t is scheduled for the end of January, 2016, but m previous years the intenm audit has been done in November/December. 01-118·700-750 61565/1 6/1/2015 01-118-700-750 PROFESSIONAL SERVICES ROOF CONSULTING SERVICES TOTAL 1 s $ 6,750.00 s 6,750.00 8,650.00 31114 FACILILTY ENGINEERING ASSOC. Descnpt1on. PO 61565 is a work in progress. The roof has been evaluated and construction specifications have been developed, however the consultant will continue to help as we take th1s project out to bid for construction, which is anticipated in the first or second quarter of 2016. 01·118-800-812 61657/1 01·118-800-812 FACILITY REPAIR & MAINTENANCE 12/11/2015 CITY HALl/COURT ROOF REPLACEMENT TOTAL 1 $ s 50,000.00 $ 50,000.00 50,000.00 22233 VARIOUS VENDORS Description: PO 61657 is for replacement of the metal roof above the Court at City Hall The design and spec1ficat1ons are almost done as of 12/31/15 (on a separate PO), and bidd1ng for construction will take place in 2016. 01-123·700-750 PROFESSIONAL SERVICES 60601/1 8/27/2015 38th AVENUE RECONFIGUATION CONSULTANT 1 $ 60,920.92 $ 101,623.00 31180 BRITINA DESIGN GROUP, INC 01-123-700·750 TOTAL s 60,920.92 Description· PO 60601 15 for consultant serv1ces to ass1st with community concensus regarding 38th Avenue Reconfiguat1on and IS ongo1ng mto summer of 2016. Page 1 of 10 Attachment 2 PO/LINE ORDERED DESCRIPTION 01-201-700-750 PROFESSIONAL SERVICES 61655/1 12/4/2015 PO RECRUITMENT VIDEO PRODUCTION 01-201-700-750 TOTAL OPEN PURCHASE ORDER REPORT FOR 2015 END OF YEAR OPEN QTY 1 ~ $ OPEN AMT 3,000.00 s 3,000.00 ORIG AMT VENDOR NUMBER / NAME 3,000.00 30153 IOTK MEDIA llC Description: PO 61655 IS to produce a recritment v1deo for the Police Department The project IS st1llen the development stages. enclud10g some d1scussion~ w1th the production company, but the v1deo has yet to be produced 01-207-650-657 RANGE SUPPLIES 61606/1 9/11/2015 AMMUNITION PER STATE AGREEMENT 1 01-207-650-657 TOTAL s s 5,786.00 $ 5,786.00 5,786.00 22923 ULTRAMAX AMMUNITION 22923 UL TRAM AX AMMUNITION Descript1on: PO 61606 iS for ammun1t1on, wh1ch IS commonly back-ordered due to a nationw1de shortage Delivery times can vary from 6 to 18 months under current conditions, resulting 10 the need to carry over funds 01-211-700-730 UNIFORMS & PROT. CLOTHING 61669/1 12/23/2015 SWAT PLATE CARRIERS AND ACCESSORIES 01-211-700-730 TOTAL 1 $ s 7,100.00 $ 7,100.00 Description PO 61669 IS for SWAT vests ordered, but not rece1ved 10 2015 Oel1very IS expected in 2016 01-303-700-704 61029/1 61523/1 01-303-700-704 CONTRACTUAL SERVICES 2/20/2014 32ND & YOUNGFIELD SIGNAL TIMING PLN 1/30/2015 2015 ON-CALL TRAFFIC SIGNAL REPAIRS TOTAL 1 1 s 6,365.00 s s 14,978.70 $ s 21,343.70 7,100.00 30936 TYR TACTICAL 6,365.00 13170 W.l. CONTRACTORS, INC. 45,000.00 31068 W.l. CONTRACTORS, INC. Description. PO 61029 represents a commitment to develop signal light tim1ng plans for the Youngfield corndor, spec1fically at 32nd Ave Some work was started in 2014 while the majOrity of the project was expected to be completed m 2015, Public Works IS now wa1ting for confirmat1on of complet1on of the work/b1lhng. Page 2 of 10 PO/LINE ORDERED DESCRIPTION 01-303-800-807 FLEET REPLACEMENT 61612/1 10/7/2015 UNIT9 UPFIT 61639/1 11/12/2015 2016 FORD INTERCEPTOR-UNIT 99 ON ORDER 61640/1 11/12/2015 UPFIT FOR UNITS 99 and 83 61641/1 11/12/2015 2016 FORD EXPEDITION-UNIT 83 ON ORDER 01-303-800-807 TOTAL OPEN PURCHASE ORDER REPORT FOR 2015 END OF YEAR OPEN QTY OPEN AMT 1 s 7,000.00 $ 1 s 32,735.00 s 1 s 25,000.00 s 1 s 37,721.00 $ $ 102,456.00 ORIG AMT VENDOR NUMBER/ NAME 7,000.00 22233 VARIOUS VENDORS 32,735.00 29747 SILL-TERHAR MOTORS, INC 25,000.00 22233 VARIOUS VENDORS 37,721.00 29747 SILL-TERHAR MOTORS, INC Description: PO 61612 IS for upfit equipment and serv1ces for Umt 9, which is expected to be complete in the first quarter of 2016 PO's 61639 and 61641 are for replacement vehicles for PO, due to accident damages. Vehicles are on order, and due for delivery 1n 2016. PO 61640 IS for upfit equ1pment and services for Umts 99 and 83 once rece1ved 01-603-800-809 OTHER MAJOR EQUIPMENT 61659/1 12/18/2015 INSERT HOPPER SPREADER 01-603-800-809 TOTAL 1 s $ 5,858.00 s 5,858.00 5,858.00 31265 FRONTIER TRUCK EQUIPMENT Description: PO 61659 is for a truck attachment. The original equipment ordered did not fit the truck, therefore, this PO was issued in December, and the equipment will not be received until2016. 01-604-700-704 61574/1 6/8/2015 01-604-700-704 CONTRACT SERVICES ON-CALL FORESTRY MAINTENANCE TOTAL 1 s $ 9,992.78 s 9,992.78 92,700.00 22233 VARIOUS VENDORS Description: PO 61574 was 1ssued to various vendors for on-call services. Due to weather related delays, scheduled work was not completed In 2015 01-605-650-654 PHOTOCOPY & PRINTING EXP. 61660/1 12/18/2015 CLEAR CREEK REGIONAL TRAIL SIGNAGE 1 01-605-650-654 TOTAL s 10,000.00 $ s 10,000.00 10,000.00 22233 VARIOUS VENDORS Description: PO 61660 represents the City of Wheat R1dge commitment to a JOint prOJCCI wtth Jefferson County, who was not in pos1tion to more forward w1th the Peaks to Plains Pro1ect, mcluding signage. 1n 2015. Page 3 of 10 OPEN PURCHASE ORDER REPORT FOR 2015 END OF YEAR PO/LINE ORDERED DESCRIPTION OPEN QTY OPEN AMT 01-625-700-750 61557/1 5/7/2015 01-625-700-750 PROFESSIONAL SERVICES DESIGN SERVICES FOR RICHARDS HART ESTATE 1 TOTAL s s 4,620.00 s 4,620.00 ORIG AMT VENDOR NUMBER/ NAME 4,620.00 21727 ANDERSON HALLAS ARCHITECTS, P.C. Descnption. PO 61557 1s for the creat1on of details and specifications to document structural floor repa~rs needed for the Richards Hart Estate Some work was completed m December, but des1gn serv1ces mcludmg construCtiOn documents and construction admm1strat1on are due to be completed 1n 2016. TOTAL 01 GENERAL FUND Police Investigations Fund 17-202-800-809 OTHER MAJOR EQUIPMENT 61662/1 12/23/2015 PO INTERVIEW ROOM AV SYSTEM 17-202-800-809 TOTAL 1 $297,027.40 s 23,536.00 s s 23,536.00 23,536.00 22233 VARIOUS VENDORS Descnpt1on: PO 61662 1s for a proJect to 1nstall an AV system m the 2 new PO 1nterv1ew rooms downsta1rs. and upgrade the existing equipment 111 the 2 rooms upstairs Approvals for vendor selection are complete, however work will not begin until 2016. TOTAL17 POLICE INVESTIGATIONS FUND $ 23,536.00 Capital Project Fund 30-302-800-833 MISC DRAINAGE IMPROVE ENGINEERING 61665/1 12/23/2015 2015 MISC. DRAINAGE PROJECT 1 s 179,570.00 $ 179,570.00 31270 DIAZ CONSTRUCTION 61665/2 12/23/2015 PROJECT CONTINGENCY 1 s 20,000.00 $ 20,000.00 31270 DIAZ CONSTRUCTION 30-302-800-833 TOTAL $ 199,570.00 Description. PO 61665 IS for work that was b1d out m 2015 for replacement of two failed outfalls on the south s1de of the bluff above Clear Creek; and after all paperwork IS s1gned and rece1ved, work w1ll be done in 2016 Page 4 of 10 PO/LINE ORDERED DESCRIPTION 30-303-800-841 32ND & YOUNGFIELD IMPROVEMENTS OPEN PURCHASE ORDER REPORT FOR 2015 END OF YEAR OPEN QTY OPEN AMT ORIG AMT VENDOR NUMBER/ NAME 61592/2 7/30/2015 CLEAR CREEK CROSSING DEVELOPMENT 1 $ 25,574.47 5 69,491.20 30978 PARSONS BRINCKERHOFF,INC 30-303-800-841 TOTAL $ 25,574.47 Description· Regardrng PO 61592, the eng1neenng work for the Clear Creek Crossing Development IS ongorng. w1th service paid to October 30, 2015 ProJeCt work was expanded rn 2015 and engrneering work w1ll contrnue in 2016 30-303-800-842 KIPLING PEDESTRIAN IMPROVEMENTS 61543/2 4/6/2015 QUALITY ASSURANCE & INDEPENDENT TESTS 1 $ 3,915.00 $ 7,747.50 GROUND ENGINEERING CONSULTANTS 61544/1 4/17/2015 KIPLING MULTI-USE TRAIL CONSTRUCTION 1 $ 479,444.31 s 2,210,371.00 TECHNOLOGY CONSTRUCTORS INC 61559/1 S/20/2015 COOT INSPECTION COORDINATOR CONSULTANT 1 $ 9,522.53 s 45.470.00 BOWMAN CONSULTING GROUP 61559/2 5/20/2015 KIPLING TRAIL INSPECTION CONTINGENCY 1 s 5,000.00 s 5,000.00 BOWMAN CONSULTING GROUP 61661/1 12/22/2015 CONCRETE MATERIALS TESTING SERVICES 1 $ 500.00 $ 500.00 30564 TERRACON CONSULTANTS INC 30-303-800-842 TOTAl $ 498,381.84 Description: PO 61543, 61544, 61559 and 61661 represent work in progress for the construction of the Kipling Multi-Use Trail. Work will continue in 2016 and is expected to be completed In 2016. PO 61543 serv1ces paid to Ground Engmeenng through 10-10-1S. PO 61544 serv1ces pa1d to Technology Constructors through 12-31-15 PO 61559 services paid to Bowman Consulting Group through 12-31-15 PO 61661 represents testrng of the concrete used for the Sidewalk, wh1ch was aut homed m late December 2015. 30-303-800-852 BIKE/PEDESTRIAN IMPROVEMENTS 61562/1 5/26/2015 2015 OVERLAY PROJECT-BID ALT In 1 $ 57,803.55 $ 168,575.03 30681 MARTIN MARIETTA MATERIALS 30-303-800-852 TOTAl s 57,803.55 Description. PO 61562 represents Bid Alternate #1 of the 2015 Overlay Project award Serv1ces have been pa1d to 12-16-15. Some work remains to be completed m 2016 30-303-800-860 61122/1 61667/1 30-303-800-860 GOLD liNE STATION STREET PROJECT 10/10/2014 TABOR STREET ACQUISITION SERVICES 12/23/2015 PROGRAM FUNDS ENCUMBERED TOTAl 1 l s 35,822.92 s $ 565,465.50 $ s 601,288.42 121,312.18 30968 H.C. PECK & ASSOCIATES 565,465.50 22233 VARIOUS VENDORS Description: PO 61122 for property acqu1s1tion serv1ces along Tabor Street for the future Gold lme Stat1on is almost complete. Services are paid to 12·25-15, and are expected to be fin1shed in early 2016. PO 61667 represents the funds encumbered for the re-construction of Tabor 5t approachrng the Gold line Station. Bids have been received, and an award to the recommended vendor will become effect1ve rn January of 2016. Page 5 of 10 PO/LINE ORDERED DESCRIPTION 30-303-800-861 ADA TRANSITION PLAN 61668/1 12/23/2015 PROGRAM FUNDS ENCUMBERED 30-303·800-861 TOTAL OPEN PURCHASE ORDER REPORT FOR 2015 END OF YEAR OPEN QTV OPENAMT l $ 45,992.59 s $ 4S,992.59 ORIG AMT VENDOR NUMBER/ NAME 45,992.92 22233 VARIOUS VENDORS Description: PO 61668 represents the fvnds encvmbered to hire a consultant to assist the City in develop10g an ADA Transition Plan for curbs/ramps, s1dewalks and other Improvements needed 10 the right-of-way; and to begm repa1rs and corrections based on identified priorities. RFP submittal responses for th1s work are due in January 2016. 30-303-800-884 PREVENTATIVE MAINT STREET MAINT 61561/1 5/26/2015 2015 OVERLAY/CONCRETE REHABILITATION l s 212,689.21 s 2,481,834.85 30681 MARTIN MARiffiA MATERIALS 61561/2 5/26/2015 CONTINGENCY FOR 2015 OVERLAY PROJECT l s 125,000.00 $ 125,000.00 30681 MARTIN MARiffiA MATERIALS 61568/3 6/1/2015 2015 OVERLAY PROJECT -BID ALT #2 1 $ 5,774.85 $ 21,997.01 30681 MARTIN MARIETTA MATERIALS 61663/1 12/23/2015 STRUCTURAL SERVICES FOR BRIDGE REHAB 1 $ 8S,750.00 s 85,750.00 31269 EST, INC. 61664/1 12/23/2015 26TH AVE. REPAVING AND STRIPING 1 s 104,748.54 s 104,748.54 22233 VARIOUS VENDORS 61666/1 12/23/201S PROGRAM FUNDS ENCUMBERED 1 s 234,250.00 s 234,250.00 22233 VARIOUS VENDORS 30-303-800.884 TOTAL s 768,212.60 Description: PO 61561 represents the base b1d and contmgency for the 2015 Overlay prOJeCt, wh1ch has been pa1d to 12/16/15 Snow mterfered w1th work m December, but the proJeCt IS neanng complet1on and w1ll be advert1sed pnor to releasmg retainage. PO 61568 represents B1d A It 112 of the 2015 Overlay pro1ect wh1ch mcluded pavmg and rl.?hab of concrete sidewalks m various locations. The balance represents retamage for this port1on of the work PO 61663, 1ssued to EST, Inc m December, represents programs funds mtended for eng1neenng services and analys1s of defiCient bridges m three locations. Work IS underway PO 61664 represents the apportiOned cost of repavmg 26th Ave. as st1pulated m the IGA w1th the Ci ty of Edgewater. PO 61666 represents the funds encumbered for repairs and needed construct1on to bridges followmg the evaluation work to be completed by EST, Inc 10 the spring of 2016. 30-304-800-844 61569/1 30-304-800-844 NEIGHBOR TRAFFIC MANAGEMENT PROJECT (NTMP) 6/3/2015 2015 OVERLAY BID ALT #3 FOR SPEED HUMPS 1 TOTAL $ s 6,530.48 $ 6,530.48 11,728.40 30681 MARTIN MARiffiA MATERIALS Description: PO 61569 rema1ns open to allow for further consideration of a second ne1ghborhood speed hump petition. Services have been pa1d to 12·16-15. Page 6 of 10 PO/LINE ORDERED DESCRIPTION 30-610-700-724 61652/1 11/20/2015 30-610-700-724 GATEWAY PROJECT ENTRY SIGNS FOR THE CITY OF WHEAT RIDGE TOTAL OPEN PURCHASE ORDER REPORT FOR 2015 END OF YEAR OPEN QTY 1 s s OPEN AMT 12,627.00 s 12,627.00 ORIG AMT VENDOR NUMBER / NAME 12,627.00 30267 GORDON SIGN -DENVER Description: PO 61652 represents an order for three signs. Public Works is waiting for information from Gordon Sign, and is prepared to issue permits for Installation of the s1gns in the City right of way in early 2016 30-610-800-811 61158/1 30-610-800-811 CITY HALL IMPROVEMENTS GENERAL OPERATION 12/31/2014 ENCUMBER FUNDS FOR COURT AREA REMODEL 1 TOTAL s 63,000.00 s 63,000.00 22233 VARIOUS VENDORS s 63,000.00 Descnption: PO 61158 IS to encumber funds for another year for the remodeling of the Court facilities and offices. Court staff has been d1scussmg th1s projeCt, and has sought outside 1nput in 2015, but there was no act1on in 2014 or 2015 The project was not budgeted for 2016, therefore we request that the 2015 funds are earned over TOTAL30 CAPITAL INVESTMENT PROGRAM FUND (CIP) Open Space Fund 32-601-800-870 OPEN SPACE IMPROVEMENTS 61635/1 11/9/2015 ENCUMBER FUNDS FOR KIOSKS IN OPEN SPACE 1 32-601-800-870 TOTAL $2,278,980.95 s 90,000.00 s s 90,000.00 90,000.00 22233 VARIOUS VENDORS Description: PO 61635 represents matching funds for a 2016 grant to be used for Clear Creek Trail Enhancements like shelters. The grant/match was not budgeted for 2016, therefore we request that the 2015 funds are carried over 32-601-800-871 61646/1 61647/1 32-601-800-871 PARKS MAINTENANCE PROJECTS 11/13/2015 PANORAMA IRRIGATION SYSTEM DESIGN 11/13/2015 ENCUMBER FUNDS FOR IRRIGATION CONST. TOTAl 1 1 s s s 2,475.00 s 69,575.00 s 72,050.00 6,425.00 31249 IRRIGATION DESIGN & CONSTRUCT. 69,575.00 22233 VARIOUS VENDORS Description: PO's 61646 and 61647 pertam to the des1gn and construct1on of a new and improved lfngation system for Panorama Park. Design work IS underway, with construction proposed for the spnng of 2016 Page 7 of 10 PO/LINE ORDERED DESCRIPTION 32-601-800-872 TRAIL REPLACEMENT/REPAIR 61599/2 8/12/2015 CLEAR CREEK TRAIL PARKING LOT 61600/1-3 8/13/2015 CONTINGENCY FOR CLEAR CREEK TRAIL 61621/1 10/16/2015 ENIRY SIGNAGE FOR THE CLEAR CREEK TRAIL 32·601·800-872 TOTAL OPEN PURCHASE ORDER REPORT FOR 2015 END OF YEAR OPEN QTY OPENAMT 1 $ 41,334.65 1 $ 57,892.55 1 $ 7,248.00 $ 106,475.20 ORIG AMT VENDOR NUMBER / NAME $ 53,386.00 31178 CONCRETE EXPRESS, INC $ 91,515.64 22233 VARIOUS VENDORS $ 7,248.00 30267 GORDON SIGN -DENVER Descnption: PO 61599 IS for the construction of a new pon1on of the Clear Creek Tra1l to the north and west of the Recreation Center, mdud1ng the add1t1on of a parking lot on the east S1de. Work by Concrete Express 1s mostly complete. and w11l be advertised pnor to releas1ng retainage in 2016 PO 61600 represents contmgency funds established for the construction of the new port1on of the Clear Creek Trail, and should rema1n open until PO 61599 IS closed out as they are for the same proJeCt PO 61621 represents an order for a double-s1ded s1gn to be placed at the entry to the trail. InstallatiOn is not yet scheduled 32-601-800-873 61636/1 61644/1 32-601-800-873 11/10/2015 11/12/2015 PROSPECT PARK IMPROVEMENTS ENCUMBERED PROJECT FUNDS PROSPECT PARK MASTER PLAN-DEVELOP TOTAL 1 1 $ 364,910.00 $ $ 13,430.10 s $ 378,340.10 364,910.00 22233 VARIOUS VENDORS 15,090.00 22233 VARIOUS VENDORS Description PO 61636 encumbers 2015 funds for construcuon at Prospect Park. Th1s pro,ect 1s currently bemg evaluated as the first phase of creating d Master Plan (PO 61644) Th1s iS a phased project w1th construct1on plan documents and park construct1on ant1c1pated an 2016. The project costs are spht between two accounts 32-601-800-876 61637/1 11/10/2015 32-601-800-876 OUTDOOR POOL MAINTENANCE ENCUMBERED PROJECT FUNDS TOTAL 1 $ 180,000.00 $ $ 180,000.00 180,000.00 22233 VARIOUS VENDORS Description. PO 61637 represents the 2015 funds committed to resurfacmg the outdoor pools at Anderson Park, and makmg repairs to and/or replacement of amenit1es and toys In the leisure pool. This prOJeCt was bid out 1n the spnng of 2015, and repackaged and reb1d m the fall. The unknown plumbmg 1ssues have delayed negot1at1ons and award of the proJect, resolution of these concerns is being addressed The resurfacing work will be completed prror to the pools opening m late-sprrng of 2016. TOTAL32 OPEN SPACE FUND $826,865.30 Page 8 of 10 PO/LINE ORDERED DESCRIPTION Conservation Trust Fund 54-601-800-872 61627/2 61627/3 54-601-800-872 PARK MAINTENANCE PROJECTS 10/28/2015 BASKETBALL/TENNIS COURT REPAIRS 10/28/2015 CONTINGENCY FOR COURT REPAIRS TOTAL OPEN PURCHASE ORDER REPORT FOR 2015 END OF YEAR OPEN QTY 1 1 s $ s OPEN AMT 8,500.00 s 3,850.00 $ 12,350.00 ORIG AMT VENDOR NUMBER/ NAME 8,500.00 23251 COATINGS, INC. 3,850.00 23251 COATINGS, INC. Description: PO 61627 encumbers funds for repa1rs to a variety of outdoor sport courts. Severe rams and a busy workload kept the contractor from completing the work 1n 2015. Complet1on IS anUc1pated when the weather breaks m 2016 The project costs are split between two accounts. 54-601-800-873 RESURFACE TENNIS/BASKETBAll COURTS 61627/1 10/28/2015 OUTDOOR SPORT COURT REPAIRS 54-601-800-873 TOTAL 1 s 29,300.00 s s 29,300.00 29,300.00 23251 COATINGS, INC. Description: PO 61627 encumbers funds for repairs to a vanety of outdoor sport courts Severe rams and a busy workload kept the contractor from completing the work 10 2015. Completion 1s anticipated when the weather breaks m 2016 54-601-800-875 61620/1 61620/2 54-601-800-875 10/16/2015 10/16/2015 STITES PARK PLAYGROUND REPLACEMENT PLAYGROUND RESURFACING PREP AND EQUIPMENT INSTALLATION TOTAL 1 1 $ s s 24,000.00 $ 26,235.45 $ 50,235.45 24,000.00 31234 ROCKY MOUNTAIN RECREATION 26,235.45 31234 ROCKY MOUNTAIN RECREATION Description: PO 61620 represents the intention to mstall new playground equ1pment at St1tes Park. Work IS in progress, and will be completed in 2016 TOTAL 54 CONSERVATION TRUST FUND $91,885.45 Page 9 of 10 PO/LINE ORDERED DESCRIPTION Equipment Replacement Fund 57-204-700· 750 PROFESSIONAL SERVICES OPEN PURCHASE ORDER REPORT FOR 2015 END OF YEAR OPEN QTY OPEN AMT 61658/1 12/14/2015 RECORDS MANAGEMENT SYSTEM AGREEMENT 1 s 63,509.00 s 57·204-700-750 TOTAL $ 63,509.00 ORIG AMT VENDOR NUMBER / NAME 63,509.00 2870 CITY OF LAKEWOOD Description PO 61658 represents the City's port1on of the Reg1onal Crim1nal Justice Records Management System as agreed m the IGA w1th the C1ty of lakewood for 2015 Ntche licensing and system development The vendor has not yet b1lled the consortium for the 2015 port1on, therefore we request that these 2015 funds be earned forward and added to those budgeted for 2016 for th1s prOJeCt TOTAL 57 EQUIPMENT REPLACEMENT FUND $ 63,509.00 GRAND TOTAL $3,581,804.10 Page 10of 10 ... ) . , .. • ~ Ci ty of • ?WlieatR!_dge TITLE: ITEM NO: lfr, DATE: February 8. 2016 REQUEST FOR CITY COUNCIL ACTION RESOLUTION NO. 16-2016 -A RESOLUTION AMENDING THE FISCAL YEAR 2015 CRIME PREVENTION/CODE ENFORCEMENT FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $50,390 FOR THE PURPOSE OF FUNDING MEDICAL/DENTAL INSURANCE, STAFF SALARIES AND OVERTIME 0 PUB LIC HEARING D BIDS/MOTIONS [8) RESOLUTIONS D ORDINANCES FOR 1ST READING D ORDINANCES FOR 2 DREADING QUASI-JUDIC IAL: D YES ISSUE: Overall expenses in the Crime Prevention/Code Enforcement Fund 63 were higher than budgeted in 2015. This was primarily a result of no funds being budgeted for medical/dental insurance during the 2015 budget development. Additionally, overtime and staff saJary expenses were higher than budgeted due to staffing changes and increased workload with community programs. Therefore, a supplemental budget appropriation in the amount of $50,390 is required as a 2015 year-end clean up item. Adequate funding exists to cover the supplemental budget appropriation. Fund 63 is a special revenue fund established to administer and fund crime prevention programs, community awareness events, and education classes taught by the Police Department and the Community Services Team. PRJOR ACTION: None Crime Prevention/Code Enforcement Fund 63 Supplemental Budget Appropriation February 8, 20 I 6 Page2 FINANCIAL IMPACT : This supplemental budget appropriation will increase the Crime Prevention/Code Enforcement Fund 63 budget by $50,390 and revenues will be adjusted accordingly. Fund 63 is a special revenue fund and does not impact the General Fund budget. BAC KGROUND: The Police Department Crime Prevention/Code Enforcement Fund 63 was established to administer and fund crime prevention programs, community awareness events, and education classes taught by the Police Department and the Commw1ity Services Team. Fund 63 funds the salaries fo r 4.5 FTEs (.5 -Sergeant, I -Crime Prevention Officer, I -Lead Community Services Officer and 2 -Community Services Officers). The supplemental budget appropriation covers the medical/dental insurance premium for the employees li sted above as well as increased expenditures for salaries and overtime for community program support. The 2015 adjusted budget expenditures totaled $356,904. The requested supplemental budget appropriation brings the total expenditures for 2015 to $407,293.95. Total revenue (not including one lodger's tax payment not yet received) is $766,316.42. As you can see in Figure I below, additional revenue in the amount of$205,041.42 was received in 2015, providing enough fund balance to cover the supplemental budget request. Figure 1: Total Revenue Total Expenditures Ending Fund Balance 2015 Adjusted Budget $561,275 $356,904 $204,371 *Final lodger 's tax payment is still outstanding. RECOMMENDATIONS: 201 5 Actual Budget (Preliminary) $766,316.42* $407,293.95 $359,022.47 Staff recommends approval of the resolution in order to provide for a supplemental budget appropriation in the amount of$50,390 for the purpose of funding medical/dental insurance, staff salaries and overtime for 2015. R ECOMMENDED MOTION: ''I move to approve Resolution No. 16-2016, a resolution amending the fiscal year 2015 Crime Prevention/Code Enforcement Fund 63 budget to reflect the approval of a supplemental budget appropriation in the amount of$50.390 for the purpose of funding medical/dental insurance, staff salaries and overtime for 20 15." Or, "I move to table indefinitely Resolution No. 16-2016, a resolution amending the fiscal year 20 I 5 Crime Prevention/Code Enforcement Fund 63 budget to reflect the approval of a supplemental Crime Prevention/Code Enforcement Fund 63 Supplemental Budget Appropriation February 8, 2016 Page 3 budget appropriation in the amount of$50,390 for the purpose of funding med ical/dental insurance, staff salaries and overtime for 2015 the following reason(s) _______ " REPORT PREPARED/REVIEWED BY: Heather Geyer, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: I. Resolution No. 16-2016 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 16 Series of 2016 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2015 CRIME PREVENTION/CODE ENFORCEMENT FUND 63 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $50,390 FOR THE PURPOSE OF FUNDING MEDICAUDENTAL INSURANCE, STAFF SALARIES AND OVERTIME WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution ; and WHEREAS, in the 2015 Adopted Budget, a medical/dental insurance appropriation was inadvertently not incl uded; and WHEREAS, the requested funding is available in the fund balance. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. A transfer of $50,390 in hereby approved from Crime Prevention/Code Enforcement Fund 63 undesignated reserves to account 63-201-600-622 and 2015 Crime Prevention/Code Enforcement Fund revenues are amended accordingly. DONE AND RESOLVED this 8th day of February 2016. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 \ 4 ~ .. " • .. City of • JP'Wheat~e ITEMNO:k DATE: February 8, 2016 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTJON TO ACCEPT RIGHTS-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENTS FROM ADJACENT PROPERTY OWNERS ALONG TABOR STREET BETWEEN 49Ttt A VENUE AND RIDGE ROAD D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: p~~ ISSUE: 0 ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 ° READ ING D YES ~ NO ~ 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 Rjdge Road. The funding was provided by the Regional Transportation District (RTD) and the Denver Regional Council of Governments' (DR COG) Transportation Improvement Program (TJP). The funding will help finance a project to widen and improve Tabor Street for bike and pedestrian access to the commuter rail station at Ward Road. Specifically. the City is planning to improve Tabor Street by widening, adding streetscape elements, and restriping between the 1-70 Frontage Road North and Ridge Road. Final design and right-of-way plans have been completed. The right-of-way acquisition process was initiated in October 2014 with five property owners along the project segment north of 49111 A venue. The acquisition process for all properties along the project segment is complete. The C ity retained a right-of-way consultant since the roadway widening and addition of bicycle and pedestrian faci lities require both permanent right-of-way and temporary construction easements. The selected consultant, H.C. Peck & Associates, Inc .. utilized the Federal Unjforrn Act to acquire the necessary rights-of-way along Tabor Street. Council Act ion Fonn -Accepting ROW and Easements on Tabor St. February 8, 2016 Page2 Three ofthe five acquisitions were accepted by the Council at the December 14,2015 meeting. The rights-of-way and easements for acceptance this time are the two remaining properties which required additional time to complete the acquisition process. PRIOR ACTION: On March 22.2014. the City Council approved an Intergovernmental Agreement (IGA) with RTD to assist in advancing the project process, and to assign responsibilities and obligations of each agency. On August 25,2014, the Cit y Council award ed a contract to H.C. Peck for assistance LD obtaining the necessary rights-of-way. On October 27, 2014. the City Council approved a resolution authorizing commencement of the right-of-way acquisition procedure. On December 14. 2015, the City Council approved a motion to accept street rights-of-way and temporary construction easements from three adjacent property owners along the project. On January 25, 2016, the City Council awarded a contract to Duran Excavating, Inc., with a resolution to approve a supplemental budget appropriation to fund the base bid and bid alternate I for a total cost of$959,422. FINANCIAL IMPACT: Most of the funding for this street 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 as expenses are incurred. Funding for this program was included in the 2015 Capital Investment Progran1 (CIP) budget. On August 25, 2014, $12 1,3 I 2 was appropriated from the CIP fund to advance and fmance the right-of-way acquisition services provided by H.C. Peck. This profe ssional services contract is expected to be under budget by approximately $25,000. On October 27, 2014, additional funding, estimated at $I 21 ,3 50 was appropriated from the Cl P fund to finance the acquisition of the right-of-way. The final cost of the right-of-way is $I 40,698.50, or $19,348.50 over the estimate. The total estimated project cost at this time, including professional services, construction, and right-of-way acquisition, is $1, I 95,000. An additional $165,785 was authorized to be added to the project at the January 25, 2016 City Council meeting. BACKGROUND: In 2004, voters approved the FasTrack plan which directed RTD to construct light rai l and commuter rail transit services, lines, related stations, maintenance facilities, and enhanced bus service throughout the regional transportati on district The Gold Line was identified as one of Council Action Form -Accepting ROW and Easements on Tabor St. February 8, 2016 Page3 five corridors in the plan and is currently under constructi on. The local agencies through which the Gold Line is being constructed are: Denver, Arvada, Wheat Ridge, and Adams County. Wheat Ridge and RTD jointly agreed, along with the other Gold Line Partners, to the allocation of$740,228 of those DR COG TIP funds to Wheat Ridge for its pe1fonnance 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 the 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 better access to the station from existing and future developments south of the rail line and in the broader nearby area. Thus, it is crucial that Tabor Street be upgraded to accommodate access to the station by all modes of transportation. This project will provide new bike lanes, continuous sidewalks, and lighting in the subject segment. Specific improvements on Tabor Street consist of construction between Ridge Road and 491h A venue, with the segment of 491h A v·enue being restriped. 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 (FTA) to be administered by DRCOG through RTD for Wheat Ridge's improvements. TI1e funds are intended to help enhance the unimproved land surrounding the crossing of the rail line at Ward Road Station and Tabor Street and provide other access and safety improvements adjacent to the area. Right-of-way acquisition is needed to allow the street improvements. The City is responsible for completing the construction plans and obtainjng all required clearances for utilities and right-of-way acquisitions. RTD will admjnister the project's federal funding, while the City will manage the project design and construction. The right-of-way plan was developed by RTD and they authorized the City to move forward with the property acquisition process in accordance with state and federal requirements. To date, all of the necessary rights-of-way and easements have been acquired, and all have been accepted with the exception of two properties: Staff is seekjng acceptance of the final two parcels with this Council action. The construction contract was approved at the January 25, 2016 Council Meeting and construction is expected to commence in February, 2016. RECOMMENDATIONS: Staff recommends the deeds and easements be accepted by the City. RECOMMENDED MOTION: "I move to accept rights-of-way and temporary construction easements from adjacent property owners along Tabor Street between 49111 Avenue and Ridge Road." Council Action Fonn -Accepting ROW and Easements on Tabor St. February 8, 20 16 Page4 Or. "I move to postpone indefinitely the acceptance of rights-of-way and tem~orary construction easements from adjacent property owners along Tabor Street between 491 A venue and Ridge Road for the fo llowing reason(s) " REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Supervisor Steve Nguyen, Engineering Manager Scott Brink, Public Works Director Patrick Goff, City Manager ATTACHMENTS: I. Tabor Street Deeds QUITCLAIM DEED nns DEED, made this ts-/;;;y of 'Dgc <£!'! b ..c.v= , 2015, be!Ween Qwest Corporation, a Colorado corporation, formerly known as U S WEST Communjcations, Inc., fonnerly known as The Mountain States Telephone and Telegraph Company of the County of Jefferson and State of Colorado, grantor, and the City of Wheat Ri dge, Colorado, a home rule municipal corporation, whose legal address is 7500 W. 29'b Avenue, Wheat Ridge, CO 80033 of the County of Jefferson aod State of Colorado, grantee, NO DOCUMENTARY FEE REQUIRED CITY OF WHEAT RIDGE IS EXEMPT WITNESS, that the grantor, for and in consideration of the sum of ONE DOLLAR AND 00/100 ($1.00), the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAJMED, and by these presents do remise, release, sell and QUITCLAJM unto the grantee, its successors and assigns forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as: 39·174-09..014 (part of) assessor's schedule or parcel number: 4980 Tabor Street, Wheat Ridge, CO 80033 (part of) TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee its successors and assigns forever. IN WITNESS WHEREOF, the grantor bas executed this deed on the date set forth above. Qwest Corporation, a Colorado corporation, formerly known as US WEST Communications, Inc., formerly known as The Mountain States Telephone and Telegraph Company Its: Director-Real Estate '- / _T~ctlons and Analysis STATE OF (.....i;;>~A/!"1 ~=OF 0-AC.Hz7A The foregoinWnstrument was ack:nowled~ before me this l')I!' d~y of lxt~ 2015, by f4.-,. K: tS~t r as _D; o:..c~r-i2o...J bfdl-of Qwest Corporation, a Colorado corporation, fonnerly known as US WEST Communications, Inc., formerly known as The Mountain States Telephone and Telegraph Company. Witness my hand and official seal. My commissli>n expires: -Ar UE:KTII ',: ~~ · · JOSH I'RI!EMAN .. :. :: . NotarY PubMc • .. -:. NcDry 10th 89375 ' • . QJacHta Parish, l,.cUslena Nan¥.-! Addlas of !'moo Cn:atinc Newly en-d Lqal ~ (J )J.)S..I06 S, C.R.S) No. 9Jl. !Uv. 4-94. QUfTCLAIM D&£D Attachment 1 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NO: S-02-14 . DATE: FEBRUARY 10, 2015 RIGHT-OF-WAY PARCEL NO! TK-103 LEGAL DESCRIPTION A Right-of-Way Parcel No. TK-103, being a portion of that tract of land described in the Office of the Jefferson County Clerk & Recorder in Book 2867 at Page 137, being a portion of Lot 22, Lee's Subdivision, a subdivision of record In Jefferson County, situated In the Southeast Quarter of Section 17, Township 3 South, Range 69 West of the Sixth Principal Meridian, in the Oty of Wheat Ridge, County of Jefferson, being more particularly described as follows: Commencing at the Northeast corner of the South Half of the Southeast Quarter of said Section 17, a 3-1/4 inch Aluminum Cap marke d "Merrick and Co. S 1/16 Sec 17/16"; Thence along the north line of the South half of the Southeast quarter of said Section 17, being the north line of said lot 22, S 89.08'30" W, a distance of 630.89 feet to the POINT OF BEGINNING; Thence S oo•19'06" E, a distance of 299.94 feet to the northerly right-of-way line of 491t1 Avenue as described in Deed recorded In Book 2129 at Page 494 Thence along t he north line of said 49th Avenue, S 89.08'30" W, a distance of 10.78 feet to the easterly right-of-way line ofTabor Street as shown on the plat of said Lee's Subdivision; Thence along the easterly right-of-way line of said Tabor Street, N oo•t8'50'' W, a distance of 299.94 feet to the north line of the South half of the Southeast quarter of said Section 17, being the north line of said Lot 22; Thence a long said north line, N 89.08'30" E, a distance of 10.76 feet to the POINT OF BEGINNING; Containing a calculated area of 3,230 square feet or 0.074 acres, more or less. Bas(~f Bearings: The line from t he Southwest Comer of the North Half of the Southeast Quarter of said Section 17, a 3 inch Aluminum Cap In range box marked "Merrick and Co. SE 1/16 Sec 17" to the Southeast Corner of the North Half of the Southeast Quarter of said Section 17, a 3-1/4lnch Aluminum Cap marked "Merrick and Co. S 1/16 Sec 17 /16u, Is assumed to bear N 89.08'30" E, a distance of 1,323.29 feet. Continued on page 2. Page 1 of 3 Prepared by: Alan Warner, PLS 28668 For and on Behalf of Farnsworth Group Inc., 5613 OTC parkway, SIJ}te 1100 Greenwood Village, CO. 80111 {303) 692.s838 Page 2 of 3 / ILLUSTRATION FOR ---------EXHIBIT A -Tli-IS_EXH_IBIT-OO_ES_N_OT_REPRESEN __ T_A __ MONUMENTED sUR'£(. IT IS INTEW.ED Ot4l Y T0 DEPICT 1HE AmcHED OESCRifllON. POINT OF COMMENCEMENT N£ COR, S 1/2. SE 1/4, SEC. 17 3'-1/4-ALUM CAP MERRICK 0 30' 6(1 I M M SCAlE: 1""'80' S 1/2·, SE 1/4, SEC. 17 LOT 22 LE'S SUBDIVlSION BOOK 2867, PAGE 137 TABOR smGET {ROW VAAJES) ~..f------------------,--------- S 1/2. SE 1(4, SEC. 17 LAKEMON CENTER STAGE 2 NW COR, S 1/2. PARCB. 11<-103 CONTAINS 3,230 SQUARE FEET (0.074 ACRES) MORE OR lESS. SE 1 I 4, SEC. 17 0 • CHANGE OF COURSE otll y S' ALUM CAP MERRICK 4 (J1~1-2J4 -Tabor Streal''n-·'"" ... •Farnsworth Ef§ GROUP 80$5 EASTlUFIS A VENUE. sUITE 850 DENVER. COLORADO 80257 ($03) b9:l-8838/ ~ 692-<l47Q FalC CITY OF 'WHEAT RIDGE PROJECT $-02 .. 14 RIGHT -OF-WAY TK-103 SE 1/4 SECTtON 17, T. 3 S., R. 69 W., 6TH P.M. eoUNTY OF JEFFERSON, STATE Of COLORADO SOF'3 WARRANTY DEED NO OOCUMEI\'TARY FEE THIS DEED. dalcd January 29, 2016. 1s betwccn Travis Eaton ofll~e County of REQUIRED Jefferson and Swe of Colorado. ("Grantor"). and the C11y of Wheat Ridge, CITY OF WREAT RIDGE IS Colorado, 11 home rule mumcipal corponuon. whose address 1s 7~00 W 29* EXEMPT Avenue. Wheat Ridge, CO 80033 ("Grantc:c"): WITNESS. that the Grantor, for and in collhlckrarion of the 5um ofTWE rY THOUSAND TWENTY SEVEN AND NO DOLLARS (Sl0.027.00),111C reccip1 and suffickncy of wluch is bm:by acknowledged, has arantcd. barpirled, sold and conveyed, and by the5t pre5CnlS docs grant, barpm. sdl, convey and confirm unto the gr.antcc, its successors and :assigns forever, all 1hc mtl propeny. together with improvements, if ony, sitwue, lying and being tn tht County of Jefferson and S1111c of Colorado. dc:scnbed iiS follows: SEE EXHIBIT "A• ATTACHED HERETO AND MADE A PART IIEIU:OF Assessor's sehcdule or parcel number: 39-174-08-014 (pan of) A~ ~oss Tabor S.n:ct, Wheat Ridge, co 80033 (pan of) TOGETIU:R with all and singular the hereditaments and oppunenanccs thereunto belonging. or in anywise appertaining. the reversion and revmions, remainder and remainders, rentS, issues and profiu thereof. and all the eState, riaht. title. mtcrcst, da1m and denwnd whalSOe\er of the Grantor. ciWT tn law or equity. of, tn and to the above b:upined prcTTllses, Wlth the hered1111mcnts and appunenances. TO UA V£ AND TO It OLD the said prerruscs above butpirled and desmbed, with the appuncnances, unto the Grantee, its wc:ccssors and assigns forc\'Cf. The Grantor covcnaniS, panes, barplns, and agn:cs to and with the Grantee. 1ts suc:cessors and assigns. that :at the time of the enscaling and delivery of these prexnts,u is well se12cd of the premises above conveyed, lw &ood. sure, perfect, absolute and indefeasible ~tc: of inheritancc, in law, in fee simple:, and has good right. full power and lawful authority to grant. bargain, sell and convey the same in manner and form as af~id. and that the same arc free and clear from all fonnc:r and other grants, bargains. salt$. liens, taxes, assessments. encumbrances and rcstrietiotU of whatever kind or n:ature soever, except for all mancrs of record. The Grantor shall :and will WARRANT AND FOREVER DEFEND the above tAiptocd premises in the quic:t and peaceable pos.sc:.sion of the Grantee. us suc:c:essors and assigns. against all and every person or pmons lawfully claiming the whole or any pan thereof, e11eept for all matters of n:cord. IN WlTNESS WHEREOF, the Grantor has cxtc~~~ed this deed on the date set forth above:. ~~- Travis Eaton STATE OF COLORADO COUNTY OF JEFFERSON Wamess my hand and OffiCUII !!C31. My commisSion expiRs: MICHELE A SPENCER NOTARY PUBUC STATE OF COLORADO NOTARY 10 1~0 tKf ~ISSIOH exPIRES NCH 02. 2018 Name: :and Addrcs.s of Person Creating Nc:Wiy Created Lep1 DcKripcion (§38-3S-106.5, C.R.S.) " .. fJlA.. ~ •• 4-94. WA.RitM>TY Df:!D (t'.,. l'llotocnpt.l< R«""'l (h~ I vf I) r EXHJBIT"A" CITY OF WHEAT RIDGE PROJECI'NO: S..02-14 DATE: FEBRUARY 10,2015 IUGIU~OF-WAY PARCEL NO: TK-105 LEGAL DESCRIPTION A Right-of-Way Parcel No. TK-105, being a portion of that tract of land described In the Office of the Jefferson County Clerk & Recorder at Reception No. 2007039165, being a portion of lot 19, Standley Heights, a subdivision of reoord In Jefferson· County, situated In the Southeast Quarter of Section 17, Township 3 South, Range 69 West of the Slxth Prlndpal Meridian, In the City of Wheat Ridge, County of Jefferson, being more particularly described as follows: Commendng atthe Southeast comer of.the N.o.(th Half oflhe.SOutl:ll!ast. Qu_arter. of ~aid Section 17, a 3·1/41nch Aluminum Gap marked "Merrick and Co. S 1/16Sec 17/16"; Thence S 89~'02u W, a distance of 691.90 feet to the south line of said tract of land and the POINT OF BEGINNING; Thence N 02"27'23" W, a distance of 82.72 feet; Thence N 03"16'23" W, a distance of 126.98 feet to the northerly line said tract of land descrlbed In said Reception No. 2007039165; Thence along said northerly line, N 8g-11'02" E, a distance of 19.86 feet to the westerly right- of-way line of Tabor Street as described In Book 184 at Page 161; Thence along the westl!rly right-of-way line of said Tabor Street, S 00"19'35" E, a distance of 209.55 feet to the southerly line of said tract of land described In said Reception No. 2007039165; Thence along said southerly line, S 89"11'02" W, a distance of 10.26 feet to the POINT OF BEGINNING; Containing a calculated area of 3,081 square feet or 0.071 acres, more or less. Basis of Bearings: The line from the Southwest Corner of the North Half of the Southeast Quarter of said Sectlon 17, a 31nch Aluminum cap In range box marked "Merrick and Co. SE 1/16 Sec 17' to the Southeast Corner of the North Half of the Southeast Quarter of said Section 17, a 3-1/4 Inch Aluminum Cap marked "Merrick and Co. S 1/16 Sec 17 /1ft', Is assumed to bear N 89"08'30" E, a distance of 1,323.29 feet. Continued on page 2. Page 1 of 3 Prepared by: Ali!n Warner, PLS 28668 For and on Behwf of Farnsworth Group Inc., 5613 OTC Parkway, Suite noo Greenwood VIllage, CO. 801U (303} 692-8838 Page 2 of 3 I ILLUSTRA llON FOR r-lt!IS-Ema'T--DOES-NO-f IID'RESEH--T-A--EXHI BIT A-------- lifJMIENTID SUR\£Y. IT fS IHT91D£D (IlLY -il! -POINT OF TO DEPICT 1l{E AITAaml DESCRIP'llON. COMMENCEMENT <I au ea I • • -SE COR, N 1/2, ~1""00' I I I I N 1/2, SE 1/4-. SEC. 17 LOT 19 STANDlEY. HEIGHTS .... C1l (/J REC. NO. P1531193 .- 1 OJ REC. NO. 2010040411 ~ --------------t_------ 19.88' N69'11'02"E j "-' -----~ I ~ \ ~ ~ ~ fEC. NO. 2007002847j ~ Y. i. LOT 19 I ~ ct. ·co' srANDL£Y HElGHTS I Ill~~ I REC. NO. 2007039165 STEVE & DOUG REALTY PAG. 0~ I -a~ .. \ \ N 1/2. 1 S£ 1/4. sa:. 17 .Pt.RW. TIC-105 COOT~ 3,081 SQOAR£ rn:T (0.011 ACRES) WalE OR Lm5. 0 • OWl~ OF COURSE ONLY Cll'Y OF WH.EAT RIDGE PROJECT 8-02-14 RIGHT..QF.WAY TK-105 SE V4 SECllON 17, T. 3 S., R. 69 W., 6TH P.M. COUNTY OF JeFFERSON, STATE OF COLORAOO SE 1/4. SEC. 17 3-1/~ AJ..{JM CAP MERRICK sw c~ N 1/2. SE 1/.._, SEC. 17 3" (ILUM CNJ UERRICK 30F3 ~ . " ..... • " Cily of • JP"WheatRL_dge ITEM NO: DATE: February 8, 20 16 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO RENEW THE AGREEMENT WITH FRONT RANGE SERVICES, INC., COMMERCE CITY, COLORADO FOR BUS SHELTER CLEANING & SNOW REMOVAL SERVICES AND BUS BENCH REFUSE COLLECTION AND CLEANING SERVICES AND APPROVE PAYMENT IN A TOTAL AMOUNT NOT TO EXCEED $36,000 0 PUBLIC HEARING ~ BIDS/MOTIONS 0 RESOLUTIONS QUASl-JUDLClAL: lSSUE: D ORDINANCES FOR I ST READING 0 ORDINANCES FOR 2N° READING D YES ~ NO Ci~ The Public Works Department is requesting approvaJ to renew the agreement with Front Range Services, Inc. of Commerce City Co. for bus shelter cleaning and snow removaJ services and for bus bench refuse collection and cleaning services for 2016. PRIOR ACTION: None FINANCIAL IMPACT: The approved budget for bus shelter cleaning and snow removal services is $20,000, and the approve-d budget amount for bus bench refuse collection and cleaning services is $16,000. As a result, the total amount requested for encumbrance for these services is $36,000 and can be accommodated in the 2016 Public Works Department General Fund budget, account number 0 1- 303-700-704, Contractual Services. BACKGROUND: Per the executed agreement dated July 12, 2012 by RFB-12-21 , Bus Shelter Cleaning and Snow Removal Services, the City contracted with the low bidder, Front Range Services, lnc. for a one- Council Action Fonn Bus Shelter and Bench Maintenance February 8. 201 6 Page 2 year tenn, through July 3 1, 2013 , with an option to renew each year for four add itional one-year period. These services provide weekly cleaning, refuse collection, graffiti removal, minor general maintenance. and snow removal services as needed for 30 bus shelters, as well as bi- weekly refuse collection and cleaning as needed for 66 bus benches. RECOMMENDATIONS: Staff recommends that the City Council approve the renewal of the agreement and payment for bus shelter cleanjng, snow removal services, bus bench refuse collection, and cleanjog services by Front Range Services, Inc. of Commerce City, Colorado. RECOMMENDED MOTION: "I move to renew the agreement with Front Range Services, Inc., Commerce Ci ty, Colorado, for bus shelter cleaning and snow removal services and for bus bench cleaning services and approve payment in an amount not to exceed $36,000." Or. "I move to deny renewal of the agreement with Front Range Services, Inc., Commerce City, Colorado, for bus shelter cleaning and snow removal services and for bus bench cleaning services and approve payment in an amount not to exceed $36,000 for the following reason(s): " REPORT PREPARED/REVIEWED BY: Greg Knudson, Operations Manager Scott Brink, Public Works Director Patrick Goff, Ci ty Manager ATTACHMENTS: I. Bus Shelter Cleaning and Snow Removal Services Agreement • I • :~/¥ WJiCity of D -irlrr. ..P' eatA~e RFB-12-21 BUS SHElTER CLEANING AND SNOW REMOVAL SERVICES AGREEMENT THJS AGREEMENT made tNs lJib day rA ~ 2012, by and between the City rA Wheat Ridge. Cokndo, hereln8ftet referred to a the ·cit)' or •Owner" and FRONT RANGE SERVICES, INC., a Colorado Corporation, located et ..0 E. 14• PLACE, COMMERCE CITY, CO 10022, hereNfter referred to es the ·eontrador-. WITNESSETH, that the City of Wheat Ridge and the Colt! ector 19M • follows: ARJJCLE 1 -1£8\tiCEI The Contractor shell ..,..,. as the City's Contractor and ptovlde as a minimum all of the ptOfessional HNioea required as per RFP-12·21 BUS SHElTER Ct.e.AH .. G AND SHOW REMOVAL SERVICES, as more fully desetl)ed fn the Request f« PropoaJ (Exhibit I) and the response of the Contract« to the RFP (Exhibit II) Incorporated hentin by reference. ARDCLE 2-TERM The term of this Agreement ahalt be tbroyab July 31. 2013. with the option to renew for up to four (o4) additional one-~ tenns. Pricing ahaR remain firm fOr each rene...., period. ARTICLE 3 • PAYMENT MD FEE SCHEDULE tt is understood and 8greed by and between the parties to honor the proposed fee schedule for aeMoes. A. lnyojou Invoices wil be submitted by the Contractor monthly for aervices performed and expenses Incurred pursuant to this Agreement during the prior month. The procenlng of pa~ wtl be expedited by the T rusurets Office through ptoper accounting procedtns. ~yment wMI be made to the Contractor within thirty (30) days of the ~ of the approved invok:es far services rendeted. B. funding Thent Is In effect within the City of Wheal Ridge, Colorado, a proytslon of the Clty'a Code of laws which limits the amount for which the City shall be liable to the amount e»epreuly appropriated by the City Council, either through budgeted appropriation, or contntct ex bid award The eonnctor is apecifiC8Ry advised of the provisions of this portion of the Code of l..8ws of the City of Wheat ~. which was enacted PtnU&nt to Ordinance 787, Series of 1989. and expressly Incorporated herefn. ARnct,E 4-INDEP£NDENT CONTRACTOR A. In performing the wortt under this Agreemen(. the Contractor ectJ n an independent connctor and Is soktly responsl*t for necessary and edequate woriler't compensation iMurance, pcnonallnfury, and property damage Insurance, as well as errors and omissions inswanc:e. The Contractor. as an Independent contractor. Is obligated to pay federal and state Income tax on monies earned. The personnel employed by the Contractor are not -and shall not beoome emptoyees, agents or servants of the City bec:a;se of the pelformance of any work by this Ageemd. B. The Contractor warrants that it has not employed or retained any company or person. OCher than a bonafide employee ~ solely for 1t. to solleit or secure thfs Agreement, and that it has not pakt or agreed 10 pay any company or person, other than bona fide employees working solely for the Contractor, any commission. percentage, brokerage fee, gifts, or any other consideration. contingent upon or resuftlng from the award or making of this Agreement for tweac:h or violation of thls warranty, the City wtn have the right to annut this Agreement without liability or In b dlsctetlon to deduct from the Agreement price or oonsldemlon, or otherwise recover the fuft amount of such tee. commission, percentage. brokerage fee. gift. or contingent fee. Attachment 1 ARTICLE 5-INSUBANCE In accordance with Mfcle <4 above. the Contractor ahal furnish a cettlflcate of insurance upon notifatlon of award and prior to performance. Work shall not commence under this Agreement untJI the Conttactor has submitted to the City and received approWJI thereof, a c:ertifJCate of Insurance shoWing compliance with the fotlowing minimum types and coverages of ilsuranoe. Type of IQIU!IOC!I Standard Woritera' Com~n lnofudlng Occupational Disease Coverage & Employer's Uabftity ll'1$uranoe Comprehensive General Uabitlty Insurance Comprehensive Automobile Minimum Limits of Lflblbv Statutory In oonformanoe wtth the compensation laws of the State or Coforado. covering aJ1 employees at work sHe $600,000 combined single limit, per occorrenoe: $1 ,000,000 minimum .aggregate limit $1 ,000,000 combined single limit uabUity policles and/or Certifk:ates of Insurance shall include the City of Wheat Ridge as an additional named Insured. Required Coverage shall be as required by the Department of Transpof'talion and Public Ulilitles Commission rufes and regulations. Nothing herein shall be deemed or c:onstrued as a waiver of any of the protections to. which the Agencles may be entitled pursuant to the Colorado Govemmental Immunity Act, sections 24-10·101. C.R.S., as amended. ARDCLE '-fNDEMNIFJCADON The Contractor agrees to Indemnify and to hold the City and lis agents harmless for, from and against any and an claims, sufts, expenses, damages or other llabllltles. Including reasona~ attorney fees and court costs arising out of damage or Injury to persons, entitles, or property causes or sustaJned by any pers.on « persons as a result of the negligent perfonnance or faUure of the Contractor to provide services pursuant to the tenns of this Agreement ARTICLE 7-CHAMGE ORDERS OR EXTENSIONS The Ctly may, from time lo time. requJre changes in the soope or service$ of the Contractor to be performed herein. Such changes, lncludlng any increase or deaease k1 the amount of the Conttactor's compensation, must be mutually agreed upon In writing by the City and the Contractor. The Contractor shan be compensated for all authorized changes In servtces. pursuant to the Request for Proposal, or If no provision exists, pursuant to the tenns of the Change Order. ARTJCLE I-EQUAL EMPLOYMENT OPPORTUNQl The Contractor shah not discriminate against any em~yee or applicant for employment because of age.. race. color, religion. sex, or national origin. The Contractor shall adhere to acoeptable afflnnative action guidelines In selecting employees -and shall ensure that 8f1'lployees ate treated equally during employment, without regard to thelt age, race, oolor, religion. sex, or natlonal origin. Such action shaU lndude. but not be limited to lhe following: employment, upgrading, demotion or transfer. recruitment or recruitment advertising, layoff or termlnaUon, rates of pay or other fonna ol oompensaUon. and selection for training. Including apprenUceshlp., The Contractor agrees to post In consp4cuous places, aWJitable lo employees and applicants for employment, notices provided by the local public agency setting forth the provisions of this nondiscrimrnation dause. 2 The Contractor Wll cause the foregoing provisions to be lnset1ed In all subcontracts for any W041t covered by this Ao"eement so that ~ provisions will be binding upon each subcoc 1tr8Ctor, provided that the foregoing provisions shell not appty to contracts or subcontracts for standerd commeteial auppfies or r.w materials. AftDCLE I-CHNUER. LAWS AND ORDIHAHCEI The Contractor at al times during the perfOfmance of thls Agreement egrees to strictty adhere to all applicable Federal, sc.te and Local laws, rules, regu!Mions, and ordintnee~ that affect or gowm the work as contemplated under th" Agreement. ARIJCLE 10-LAW AND VENUE The !awl of the St81e of Colorado shall govern as to the lnterpNtion, velldlty, and effect of this Agreement The parties ·~ that venue and jurisdiction for disputes regard!ng pelformance of tNa contract is with the District Court of Jefferson County, Colorado. ABDCLE11-JERMWADON The Contractor acknowledges that hls failure to eccompl•h the WOf'k •• delctt.ed &hal be considered a material brNCh of the coutrliCt and entitle the City to consequential damages resuMing from taaures, ads, or omluionllnduding but not limited to reprocorement coats, inluffldent or Improper wert. The City and the eontr.ctor agrwe this contrliCt may be canceled for ceuM by either party with a flleen (15) ~Y prior wrlten notice. The cost of comptet;ng the portion of the WOf'k wNch l'efNina unpedormed at the time of such termlnetion, ahal be deduded from the c:onnct prlc:e before payment is made. The Cly may terminate the Agreement for Its convenience upon thirty (30) days written notice. In the event of auch termination, the Contractor wil be paJd for aJ woc1t and expenMS lncurred up until the time of auch termlnatJon. All WOf'k accomplished by the Contractor priot to the date of such termination shaN be recorded, and tangible wotk documents shal be transferred to and become the sole property of the City prior to payment for servfces rendered. ARDCLE 12-NOTICES Notice or communication given pursuant to this Agreement shall be made In wrltJng to: City ConiKI: J . Contact:" -1: Grea Knudson Leonard AustJn Ooeratlons Manaoet. Public Works Front Ringe Sef'vloea Inc. 11220 W. 45'" Avenue 6980 E. 54 .. Place Whut Ridge, co 80033 Comrneroe atv. CO 80022 oknt. co.us ·• net Phone: 303-205-7601 Phone: 303-5Sn-71G7 Fax:303-4~3578 Fax: 303-~313 ARTICLE 13-ASSIGNMENT AND SUBCONTRACTORS The duties and obligations of the Contractor arising hereunder caMo1 be ass9led, delegated, nor subcontracted except wrth the express written consent of the City. The subcontractors pennitted by the Clty shall be subject to the requirements of this Agreement, and the Contractor is respons•ble for all subcontracting anangementa and the delivery of services as set forth in lhis Agreement. The Contractor shall be te$ponslble for the performance of any sub-contractor. ARTICLE 1•-SEVERA81LITY To the extent that the Agreement may be executed and performance of the obligations of the parties may be 3 ac:c:omplilhed wtthln the Intent of the Agreement. the terms of this Agreement are severable, and should any term or provision hereof be declared Invalid or become Inoperative for any ruson1 ~ invalidity ot failure shah not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same tetm upon subsequent breach. ARTICLE 15 -INTEGRATION Of Uf!fDEftUANDfNGS This Agreement Is Intended as the complete inlegratloo or all understandings between the parties. No pr1ot or contemporaneous addition. deletion. or other amendment hereto shafl have any force and effect whatsoever, unless embodied herein lrl writing. No sUbsequent novation, nmewal, addltlon, detetlon, or other amendment hereto shall have any force or effect unless embodied In writing and signed by an authorized tepresentatilfe of the City and the Contractor. ARDCLE 11-ILLEGAL ,ALIEN COMPLIANCE ILLEGAL ALIENS -PUBLIC CONTRACTS FOB SERVICES. CBS 8--17.5-101 and Public Law 208, 1041" Congress. as amended and expanded In Public Law 156, 108m Congress, as amended: The Contractor oertJfies lhat hellhe shan comply with the provisions of CRS 8--17.5-101 et seq. The Connclor shall not knowingly employ or contract with an Illegal aiien to pecfotm wor1< under this contract or enter Into a contract with a subcontractor that knowingly employs or contracts with an Illegal allen. The Contractor represents, warrants, and agrees thaJ it (I) has vet1f1ed that It does not employ any llegal aliens1 through participation In the Basic Pilot Ems*>Yment VerifiCation Program administered by the Social Security Administration and Department of Homeland Security. or (II) othetwlse will comply with the requirements of CRS 8-17.5-101(2Xb)(ll. The Contractor $hall comply with all reasonable requests made In the course of an Investigation by the CO Department of Labor and Emptoyment tf the Contractor fails to comply wfth any requirement of this provisJon or CBS 8--17.5-101 et seq., the City may terminate thts contract for breach and the Contractor shall be I able for actual and oonuquentlaJ damages to the City. MDCL£ 17-AUTHORJZA1]QN Each party represents and warrants that it has the power and ~ily to enter Into this Agreement. to grant the rights granted herein and to perform the duties and obltgatiOns desc:rlbed herein. IN WITNESS WHEREOf. the pattie$ hereto have executed. or caused to be executed by their duly authorized otflcials. this Agreement In two (2) originals. each of which shall be deemed an original on the date first written above. ATTEST: APPR?U~ GERAL.O DAHL, CITY ATTORNEY (CORPORATE SEAL) ATTEST: TITlE ?-t7 -1~ DATE 5 QWNEB CJTY OF WHEAT RIDGE 7500 W 20TH AVENUE WHEAT RJOGE, CO 80033 (303)2~Zo/~ ~UUUO,MAYOR CONJMCTOR FRONT RANGE SERVICES, INC. MOE. 54"' PLACE COMMERCE CITY, CO 10022 TITlE l£eti Afl=Y AusT, H PRINT NAME ~ '~ -~ • ~ City or • ?WheatRi_dge ITEM NO: ____k DATE: February 8, 2016 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE RENEWAL OF THE AGREEMENT WITH W. L. CONTRACTORS OF ARVADA, COLORADO FOR ON-CALL TRAFFIC SIGNAL REPAIR SERVICES AND APPROVE PAYMENT IN A TOTAL AMOUNT NOT TO EXCEED $45,000 0 PUBLIC HEARING ~ BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: Public Works Director ISSUE: 0 ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 ° READING 0 YES 181 NO Q~ City Manager The Public Works Department is requesting approval to renew the 2012 agreement for on-call traffic signal maintenance and repair services for 2016, with W. L. Contractors of Arvada, Colorado. PRIOR ACTION: The City Council awarded RFB-12-28, On-Call Traffic Signal Maintenance Contract on August 27,2012 toW. L. Contractors of Arvada, Colorado. FINANCIAL IMPACT: The approved budget amount for on-call traffic signa] repair services for 2016 is $45,000. This encumbrance can be accommodated in the 2016 Public Works Department General Fund budget, account number 0 1-303-700-704, Contractual Services. BACKGROUND: On August 27,2012, Council awarded RFB-12-28, On-Call Traffic Signal & Repair Services to W.L. Contractors of Arvada, Colorado in an amount not to exceed $55,000 for a period of one year with an option to renew the agreement each year for up to three additional years per the executed agreement dated September 17th 20 J 2, for tenns ending September 30th of each year. Council Action Fonn -Traffic Signal Repair Services February 8, 2016 Page 2 As a result. these services will be re-bid later thi s summer. $45,000 is budgeted in 2016 for contracted on-call traffic signal repair services as detennined by staff. RECOMMENDATIONS: Staff recommends that City Council approve the renewal of the agreement and payment of $45.000 fo r on-call traffic signal repair services to W.L. Contractors of Arvada, CO. RECOMMENDED MOTION: "I move to approve the renewal of the agreement with W. L. Contractors of Arvada, Colorado for on-call traffic signal repair services and approve payment in a total amount not to exceed $45,000.'' Or, "I move to deny the renewal of the agreement with W. L. Contractors of Arvada. Colorado for on-call traffic signal repair services and the payment in a total amount not to exceed $45,000 for the following reason(s): " REPORT PREPARED/REV IEWED BY : Greg Knudson, Operations Manager Scott Brink, Public Works Director Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager ATTACHMENTS: I.. On-Call Traffic Signal Repair Services. Executed Agreement lf\(313 "~·, :;~~ RFB-12·21 ON-CALL TRAFFJC SIGNAL MAINTENANCE & REPAIR SERVICES AGREEIIENT -t\... na AGREEMENT mede this \1 d8y d SEPTEMBER, 2t12, by and between the cay~ Wheel Ridge, Cokndo. ~ 1efefred to • the "City" or ·w 8nd W. L CONTRACTORS, lftc., a Co6otado Ccwpom~on, locnd • st20t..em.. 1t.. AMide. co aoooa. MN~Niftlr refetred to • the "Core~. wrTNESIETH, lhlt the City tA WhMt Ridge lnd the Conndot .-• folloM: ARTJCLE 1-IQYICEI The eonnctor atwll serve • the C~a Conlrador and provide • a minimum aft d the aeMcn and products required In thfa RFB-1 2-21 ON-CALL 1"RAfAC SIGNAL MAINTENANCE & REPAIR SERVICES AGREEMENT, the vandot's b1d. and any egrMd modlfk:ationa. Nn1CLC a-DRM The work to be performed under this Agreement shal commence upon Councl approyal, ntC8Ipt d a9wd a~ent and lnlc.nnce comptiance. THE TERM FOR THIS AGRHMENT •THilOUGH............, M. 2013, WITH THE OPTION TO RENEW FOR THREE (3) ADOITIOtW.. ONE·YEAR P£RtOOS, at the sole disc:retion of the aty. Prtc:ing lhll i'emaln ftrm for the ,.._, period~. The agreement may be automataly ,..,..,..If~ • The aty fda to con4act your finn prior to the end of the curTant tenn ~ the desire to renew • AI priclng remains the same lnd • The acope of WOft( or apedfk:atioc" are not changed or rnodffled. ARIJCLE 3 ·PAYMENT AND FEE SCHEDULE The ay heteby ~ to pey the Connd« the amounts required for wortt approved by the Cly, at the unit prioea aet for1h In the Contradcn propoul, In aocordanoe with the ~ and IUbjed to the condiCions set f0f1h In this ~and the docUments refened to 8bove. ARDCLE 4 -INDEfENOENJ CONTRACTOR A. In petfonnlng the work under this Agreement, the Contractor acta aaan tndependent coutJactor and Ia ~ responsible for necessary and adequMe worb(a compenution inaurance, person ~ and property damage insurance, aa wen as errors and omlulonl lnaurllnce. The Coutlactor, n an Independent contrac:lor, Is obltgated to pay federel and state income tax on monies earned. The personnel empo)led by the Contnldor .. not and ahaJ nat become empoyees, -aentw 01 servants of the ~ bec8uae of the petfonnance of any work by ... Agreement. B. The Connotor warrants that it has no4 empk)yed or ret8/ned any company or person, other than a boNifide employlle wottdng solely for it. to aolicl or Man thil Agreement, and thlt it hu not paid or agreed to pay any company or person, other than bona ftde empk)yMa wortmg solely for the Contractor, any commission, percentage. brokerage fee, gifts, or any other oonsJdenltion. ~ upon or reauiUng from the 8Wird or making of thla ~enl For breach « Yiol*n d this warra~. the City w.l have the right to annul this Agreement without liabllty, or In Its d1lc:retlon to deduct from the ~ price « c:onsiderlltion, or otherwise t.ooYW the full amount of IUCh fee. commission. percentage, brokerage fee, gift, or contingent fee. ARDCLE 5-INSUBANCE In aocofdance with Artlde 4 ebove, the Contractor shalf fumish • certifate of insurance upon notification of award and prior to performance. Wotk shalt not commence under this Agreement until the Contractor has Attachment 1 submitted to the City end rec:efled approval thereof, e certJfic:ate of lnstnnce showing c:ompfiance with the folowing minlm...n types end c:overeges oflnlur8nce. Type gf IDIUCIOCI 5tandatd won-a· Com~ lnduding Occ:upeUonal 061-CoYinge & Emplo)wa UebMy Compnthena~Ye Automobile Mmum Linb gf lllbl!ty 518bay in confonnenoe wlh the compenution .... oft. s. ol Co6orHo seoo.ooo eKh .-.on; Not .... ttWI $1,000,000 ~ llmll Minimum d seoo.ooo comtNoed slagle limit auto lnlurance All tiabiHty poldet end/or Cettiflcatea of ln~W80Ce shell lndude lhe Cty of WhNt Ridge • an addttJonal named inltnd. Nothing hetein shalt be deemed or consiNed u e Wlllvw of any ol the prOiedlonl to which the Agencies may be entllted pursuant to the Cokwado ~ Immunity Act. Mdionl24-10-101 , C.R.S .• • emeuded. MDCI.£ 1-II)EMNI1C6TION The Connctor agrees to Indemnify and 1o hold tha City and Ita agents hlnnleu fat, from lnd agelnlt any and all c:t.lms, aulta, expenses, dem~~g~S or au. ll8blltiel, indudlog l"8aainabbe dol ney f ... and court COlli nlng out of damage or lnjwy to peraona. enutiel, or property causes or ~t.ined by any person or per1001 as e re.utt ol the negligent performance or felure of the Conltedor to provide MfVicea pwsuent to the tenna of this Aglwment ARTICLE 7-CtwfQE ORQERI OR EXJENIIQNI The c~y may. from time to time, require changelln the aoope of l8tVices of the Coutraaor to be petformed herein. Such c:hangel,lnduding any ina'eale or dea .... ln the amount ol the Couii8Ctot'a cornpeoution, nut be rnutu.ly agreed upon In ~ by the Cly and the Cot .. 8Cb. The Coonc:kw .... be compensated for all authoriad cNnge8 In MMces, pursuant to the Request for Proposal, or If no provision exists. pursuant to the terms of the Change Order. ARUCLE I-EQUAl, EMPLOYMENT OPPQRJUN(JY A. The Connc:tor shall not dilctlminate against any employee or applicant fot employment because of age. .... color, reHgion. sex. Of netional origin. The Conlrector lhll acllere to acx:eptabte affirmative ectJon guldeflnea In aelec:tJng emplo)leel and lhlll ensure 1hal employees .a treated equally during emp6oyment, without regn to their age, race, color, religion, aex, or national origin. Such acUon shell lndude, but not be lmlt8d to the folowil.g; employment. upvedlng. demotion or transfer, recruitment or recruitment edvettialog, Ia~ «termination, rates ol pay or other forms ol compensation, and aetectlon for training, lnduding ~hfp., The Connctor ~ to post In c:onapk:oous places, eVIIilable to employees and appllcanta for employment. notices proytded by the kal publk: agency setting forth the provisions of thft nondls<:rtmlnetion clause. B. The Conlractor wOI cause the foregoing provisions to be Inserted In a• auboontracta for any wont covered by this Agreement 10 that such pnMaiooa will be binding upon each aubcontraotor, provided that the foregoing provtaions shd not epply to oontrllctl or aubconnds for standard commercial supplies or raw m8terials. ARTICLE I-~HARTER. LAWS AND ORDINANCES The Conttador al all times during the perlormance of thla Agreement, agrees to strictly adhere to all applicable Federal, State and Local laws. rules. regulations, and ordinances that affed or govern the work as 2 contemplated under thll Agreement ARDCL£ 1P-LAW MD VENUE The 1ew1 (A the Stae d Colorado shell govern as to the~. Yl(dMy, 8nd ellect d WI~ The pert1e1 t9M twt venue and jwildiction few dllpules teglrdlng petfonnance d ttis contr8Ct Ia with the Dil1l1ct Ccut d JefJtnOn County, Cokndo. ARTJCL.E 11 -TERMINATION A. The Conlractof acknowtedgea that hit falure to eccomplilh the WOtk • desctfbed at.~ be conaidenld a maferill ~of the wntnact n entlle the City to~ ct.magM NIUiting from fMur8s, acts. « ornfalons lnctudlrlg but not flmled to~ OOitl, lnluflldenl or imptopet~ The City and the Contract« agree this wntract may be canceled for ca.-by either JJ111Y wlh a fifteen (15) day prior written notice. The COlt cl completing the portion of the wortt which remains unperfonned 8t the time d such termination shall be dedUded from the wuttact price before peyment is made. B. The City may terminate the Ageement fot Ita wrwenience upon thirty (30) days wriUen notice. In the event d auch tannlnaUon, the Contractor wll be paid for all work and expenaeslncut"Nd up untM the time .of suCh termination. c . AI work accomplished by the Oonbector prior to the date of such tennlnatfon. &hall be reoowded and tangible WOt1t documents lhllt be transferred to and become the sole property d the City prior 1o payment for services rendered. ARTICLE 12-NOTICES Notice or wmmunicatlon given pursuant to thls Agreement at.M be made In writing to: City CotUct: Convector eone.ct: Greg Knudson Tim Le8c:h PublicWort<t u ..... -W. L Contr8c:kn Inc. 7500 W. W' AVe. Ave. 5920 LMnar St. Wheal Rldoe. CO 80033 Arvada. co 80003 nkna .wheatridoe.co.us TlmGT-.mWLcom Phone: 303-205-7601 Phone: 303-422-7985 Fax~ 303-431-7139 Fax; 303-422-3028 ARDCLE 13-ASSIGNMENT AND IUICONJMCTORS The duties and obiJgations d the Connc:tot arising hereunder cannot be assigned, delegated, nor subcontracted except with the express written consent of the City. The subcontractors pennltted by the City shall be subject to the requirements of thfl AQfeement. and the Contrador is responelbte few •1 aubcontracting arrangements and the delivery of setViQes as set forth In this Agreement The Contnlc:tor ahal be responsible for the perfonnence of allY autH:ontrectot. ABDCL£ 14-SEV£RABIUI'f To the extent that the Agreement may be executed and pelformence of the obligations of the parties may be aocompllshed within the ln\ent of the Agreement, the terms of this Agreement are severable, and shoutd any tenn 04" provtslon hereof be declared Invalid or become lnoperc~tive f« any reason, such invalidity ar felure shan not affect the validity of any other term or proVision hereof. The waiver of any brNeh of a term hereof shall not be construed as a waiver of any other term. or the same term upon subsequent breach. 3 ARIJCLC 1§ -INTEGRADON Of YNQCBITANQINGI This Aveement is Intended at the complete lnlegnltion ot •1 undetatandlnga betuteen the pettiel. No prior « conHimpcnneoua addition, daeUon. or OCher llmendment hereto ahll h8Ye .,..Y fofce and efrect ~. unlen embodied herein In writing. No IUbMquent nov.uon, ,.. • ..,.,, 8dd1Uon, delldon, or OCher amendment ~ .,_. haw any force or effect unleaa embodied in writing 8nd aigned by en 8Uthorizad ,.._ltatMI d the City and the Conndar. ARDCLE 11-AUTHORilADON Each P8'1Y r8pllllntl and _,.,.. thld It hal the power 8nd dly to.-!nCo this~ to gr11nt the .._ p !ted hlnin end lo perlorm the duties and obtigdot.a dela1bed henaln. IH WITNESS WH£REOf, the parties hereto have executed, or caused to be executed by lhelt duly euthorized omci81a, this Agreement In two (2) origlnall, uch ot wNch shell be deemed an origirwl on the date flrlt written llbcMt. Amst: (Seal) TITLE fv ~() -12- DATE OWNER CfTY Of WHEAT RIOGI! 7100 W 21'" AVENUE WHEAT RIDGE. CO IOOU -(JJt YOR DATE . j. -' ~ • City of • ?WlieatRi_dge ITEM NO:~ DATE: February 8, 2016 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE ANNUAL RENEWAL OF LICENSING AND SUPPORT FOR THE COMPUTER AIDED DISPATCH AND RECORDS MANAGEMENT SYSTEM IN THE AMOUNT OF $86,423 PAYABLE TO LOGISTIC SYSTEMS, INC. 0 PUBLIC HEARING ~ BIDS/MOTlONS 0 RESOLUTIONS QUASI-JUDICIAL: ISSUE: 0 ORDJ NANCES FOR l sr READING 0 ORDINANCES FOR 2 ° READING 0 YES The annual renewal of licensing and su pport of the existing computer aided dispatch (CAD), records management system (RMS), and mobile field reporting Logisys First Report (LFR) is necessary to maintain the software for the police department. The annual renewal oflicensing and support wi ll cost $86,423 which has been approved in the 2016 IT Budget. PRIOR ACTION: 2015 renewal was approved by Council FINAN CIAL IMPACT : $86,423 budgeted for 2016 in the IT Budget Council Action Form -Logisys Renewal February 8, 2016 Page2 BACKGROUND: The proposed annual renewal of licensing and support of the existing CAD, RMS and LFR is necessary to maintain the software for the police department and public safety. The annual renewal of licensing and support will cost $86,423 which was approved in the 2016 Budget. This package is all inclusive for licensing and technical support services. It includes software upgrades, bug fixes and patches, and technical support to implement software enl1ancements and fixes. The continued renewal of the annual licensing and support contract is necessary to maintain CAD, RMS and LFR software, and keep it updated. RECOMMENDATIONS: Staff recommends approval of the annual renewal for the computer aided dispatch and records management system. RECOMMENDED MOTION: "I move to approve the annual renewal of licensing and support for the computer aided dispatch and records management system in the amount of $86,423 payable to Logistic Systems, Inc.'' Or, "l move to postpone indefinitely the annual renewal of licensing and support for the computer aided dispatch and records management system in the amount of$86,423 payable to Logistic Systems, Inc. for the following reason(s) " REPORT PREPARED AND REVIEWED BY: Michael Steinke, IT Manager Heather Geyer, Administrative Services Director Patrick Goff, Ci ty Manager ATTACHMENTS: I. Logistic Systems Invoice # 022473 *************** LOGISTIC SYSTEMS, INC. 3000 PALMER ST MISSOULA, MT 59808 * * * I N V 0 I C E * * * *************** Sold WHEAT RI DGE (CITY OF) PD To : ATTN : MIKE STEINKE 7500 W 29TH AVE WHEAT RIDGE, CO 80033 Ship Via.: Ship Date: 01/01 /16 Due Date.: 01/13 /16 Terms .... : RECEIPT Document Number: 022473 Document Date: 01/13/16 Page: 2 Ship rnsteinke To: @ci .wheatridge .co.us Cust I.D ..... : WHEATP P . 0 . Number .. : P.O. Date .... : 01/13/16 Job/Order No.: Salesperson .. : Item I.D./Desc. Ordered Shipped Unit Price LFR ACCIDENT MODULE INTERFACE TO DYNAMIC IMAGING MUGSHOT SOLUTION INTERFACE UTILITY FOR PD MAGIC NORTHSTAR ADVANCED LOGISYS CADTRAK SOFTWARE MODIFICATIONS TO THE CASE MANAGEMENT MODULE PICTOMETRY INTERFACE 2016 LICENSE AND MAINTENANCE FEES 0.50% CPI ADJ Send billing err or notice within (60) days of inv date to asteele@logisys9ll.com, (406) 728-0921, x-3123. Service charges at 12% annually accrue on past due accounts. Attachment 1 Subtotal: Tax ..... : Total ... : \ Net TX 1699 .00 E 372 .00 E 742.00 E 5197 .00 E 3055.00 E 3883 .00 E 1428.00 E 0.00 E 86423.00 0.00 86423 .00 LOGISTIC SYSTEMS, INC. 3000 PALMER ST MISSOULA, MT 59808 Sold WHEAT RIDGE (CITY OF) PD To: ATTN: MIKE STEINKE 7500 W 29TH AVE WHEAT RIDGE I co 80033 Ship Via.: Ship Date: 01/01/16 Due Date.: 01/13 /16 Terms .... : RECEIPT *************** * * * I N V 0 I C E * * * *************** Document Number: 022473 Document Date: 01 /13 /16 Page: 1 Ship msteinke To: @ci.wheatridge.co.us Cust I.D ..... : WHEATP P. 0 . Number .. : P.O. Date .... : 01/13/16 Job/Order No. : Salesperson .. : Item I.D./Desc . Ordered Shipped Unit Price Net TX LOGISYS FIRSTCALL CAD SYSTEM 14457.00 E E911 ANI /ALI INTERFACE 1220.00 E SPECTRACOM NETCLOCK INTERFACE 643.00 E CCIC/NCIC INTERFACE 643.00 E MOBILE COMPUTING INTERFACE 2569.00 E LOGISYS DATATRAK RECORD MANAGEMENT SYST 31856 .00 E RMS TO JUVENILE DEFENDER SYSTEM 1193.00 E RMS TO COURT INTERFACE 939.00 E LOGISYS FIELD REPORTING SOFTWARE 12788 .00 E NORTHSTAR CAD 3739 .00 E Continued .... Subtotal: 70047 .00 ~ . , ..... ., City of JP"'W lie atRi_dge ITEM NO: -I q__. DATE: February 08~ REQUEST FOR CITY COUNCIL ACTION TIT LE : MOTION TO APPROVE THE ANNUAL PAYMENT OF $53,174.68 TO THE CITY OF LAKEWOOD FOR POLICE RADIO SYSTEM SERVICES 0 PUBLIC HEARJNG [8] BIDS/MOTIONS 0 RESOLUTIONS 0 ORDINANCES FOR 15TREADING 0 ORDINANCES FOR 2N° READING QUASI-JUDICIAL: 0 YES [8] NO c~~~ c~ ISSUE: In 2005, the City of Wheat Ridge entered into an IGA with the West Metro Fire Protection District and the City of Lakewood for annual contracted radio services. These services include technical support, system maintenance, and equipment repair. These services have provided significant improvement to the department's radio infrastructure and improved public safety in our community. In 2015, a new IGA between the City of Wheat Ridge, the City of Lakewood and the West Metro Fire Protection Di strict was established, allowing the City of Lakewood the shared use of the Mount Morrison radio site, previously approved by a Letter of Agreement among the three entities. This new Agreement allows the City of Lakewood to invoice the City of Wheat Ridge and The West Metro Fire Protection District separately for radio service and also allows the West Metro Fire Protection Di strict to invoice the City of Wheat Ridge equally for the site lease and utilities costs on Mount Morrison. PRIOR ACTION: These fees have been budgeted yearly by the Police Department and approved by City Council through the original IGA approved in 2005. Council Action Fonn -Payment for Radio Services February 08.2016 Page2 FINANCIAL IMPACT: This motion is for approval of payment in the amount of $53,174.68 for 2016 radio system maintenance service from the City of Lakewood. The estimated cost of the site lease and uti lities for 2016 is $24,000. for which the City has yet to recei ve an invoice from the West Metro Fire Protection District. BACKGROUND In 2005, the City of Wheat Ridge entered into an IGA with the West Metro Fire Protection District for annual contracted radio services. These services include technical support, system maintenance, equipment repair, a lease agreement for the Mount Morrison antenna site, and associated software and hardware costs. The technical support, system maintenance, equipment repair, software and hardware services were provided by the City of Lakewood. in the past, Lakewood would bill West Metro Fire Protection District and they would in tum, invoice Wheat Ridge for the City's percentage of those costs. The revised 2015 IGA made the invoice process for these services more efficient RECOMMENDATIONS: Approve the contract payment in the amount of $53,174.68 to the City of Lakewood for 2016 radio services. RECOMMENDED MOTION: "I move to approve the annual payment of $53,174.68 to tbe City ofLakewood for police radio system services." Or, "1 move to postpone indefinitely the annual payment of $53,174.68 to the City of Lakewood for police radio system services for the following reason(s) " REPORT PREPARED/REVIEWED BY: Daniel Brennan, Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Copy of Invoice for 2016 Contract Radio Maintenance Services TO: FROM: DATE: SUBJECT: City of Lakewood Invoice Larry Stodden, Communications Center Manager City of Wheat Ridge Michael Hillier, Radio Communications Tech Radio Communications Division January 5 , 2016 Technical Services Per the 2015 IGA between the City of Wheat Ridge, West Metro Fire Protection District and the City of Lakewood for communications' technical services for the calendar year 2016, consideration is due February 29th, 2016. The amount due is $53,17 4 .68 This amount covers contract services from January 01, 2016 to December 31 , 2016. Mailing address: Reference: City of Lakewood Finance Department 480 South Allison Parkway Lakewood, Colorado 80226 ATTN: Accounts Receivable City of Lakewood Account # 060301.44505 Questions on this issue should be directed to michii@Lakewoodco.org or by telephone at 303-763-6811 . Attachment 1 ~ . , .... ~ .. City of • JP'WheatR!ege ITEMNO:k DATE: February 8, 2016 REQUEST FOR CITY COUNCIL ACTION TITLE: COUN CIL BILL NO. 03-2016 -AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 3865 KIPLING STREET FROM RESIDENTIAL-ONE (R-1) TO MIXED USE-COMMERCIAL (MU-C) (CASE NO. WZ-15- 12/EQUIN OX) D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS ISSUE: [8] ORDINANCES FOR J5T READING (02/08/2016) 0 ORDINANCES FOR 2N° READING (03/14/2016) ector D NO PL~ [8] YES The applicant is requesting approval of a zone change from Residential-One (R-I) to Mixed Use- Commercial (MU-C) for property located at 3865 Kipling Street. The proposed rezoning area includes two parcels which comprise approximately 2.2 acres. Tbe purpose of the rezoning is to modify the list of uses and to simplify the review and approval for future development on the property. This is the fi rst step of the process for development of the site with MU-C zoning. If the zone change is approved, futu re redevelopment of the site would be reviewed administratively through a site plan review process to confirm compliance with all zoning code standards. PRIOR ACTION: This case was heard by Planning Commission on January 21, 20 I 6. The staff report and meeting minutes from the Planning Commission hearing will be included with the ordinance for second re.ading. Council Action Fonn -Zoning Change for 3865 Kipling Street February 8, 2016 Page 2 FINANCIAL fMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of$1,894 were collected for the review and processing of Case No. WZ-15-12. If the proposed rezoning is approved, there could be an advancement of the City's goals for the redevelopment of underutiJized prope11ies, investment in the Kipling corridor and increased development potential for the property. BACKGROUND: Subject Property The site is located at the northwest comer of 38th A venue and Kipling Street. 3865 Kipling Street is zoned Residential-One (R-1) and has fi:ontages on both Kipling Street and 38th A venue. This irregularly shaped lot measures 99,361 square feet (2.28 acres) and has two vacant structures on the northern portion of the site. The parcel at tbe hard corner of 38th and Kipling is excluded from the zone change request; th.is property is under separate ownership and contains a fueling station and convenience store. The R-1 zone district was established to provide high quality, safe, quiet and stable low-density residential neighborhoods. The only uses allowed on this property with the current zon.ing are single family residential and public uses (parks, schools, etc.). Surrounding Land Uses The properties that surround the subject site include a variety of land uses and zon.i ng des ignations. To the west is a dental office built in the mid-2000's witl1 PCD zoning. Abutting the property to the south is the recently-developed Kipling Ridge center with Sprouts, Starbucks and Morningstar assisted living with C-1 zoning. Properties across Kipling include a gas station, auto repair and a retail center zoned C-1. To the north is the City ofWheat Ridge Recreation Center which is zoned C-1 and R-1. Separating the subject site from the recreation center is Lena Gulch and the recreation center drive (West 39ll' Place). Current and Proposed Zoning The applicant is requesting the property be rezoned to Mixed Use -Commercial (MU-C). This zone district is generally located along major commercial corridors and at community and employment activity centers and is established to encourage mediwn to bjgh-density mixed use development. In addition to residential and civic uses, it allows for a wide range of commercial and retail uses. The application has been tltrough the standard referral process with no concerns raised by any outside agencies or City departments. A separate referral process will be required as part of future site redevelopment. The applicant bas no specific development scenario at this time. Council Action Form -Zoning Change fo r 3865 Kipling Street February 8, 2016 Page3 RECOMMENDATIONS: Staff reconunends approval of Cow1cil Bill No. 3-2016 on fu·st reading. RECOMMENDED MOTION: "I move to approve Council Bill No. 03-2016 an ordinance approving the rezoning of property located at 3865 Kipling Street on first reading, order it published, public hearing set for Monday, March 14, 2016 at 7 p.m. in City Co unci I Chambers, and that it take effect 15 days after final publication." REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: I. Council Bill No. 03-20t6 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER------- COUNCIL BILL NO. 03 ORDINANCE NO. ___ _ Series of 2016 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 3865 KIPLING STREET FROM RESIDENTIAL-ONE (R-1) TO MIXED USE-COMMERCIAL (MU-C) (CASE NO. WZ-15- 12/EQUINOX) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and , WHEREAS, Equinox Properties, LLC has submitted a land use application for approval of a zone change to Mixed Use-Commercial zone district for property located at 3865 Kipling Street; and, WHEREAS, the subject property has long been underutilized, and the Mixed Use -Commercial zone district will accommodate redevelopment of the site; and, WHEREAS, the proposed zone change is supported by the City's Comprehensive Plan-Envision Wheat Ridge and the zone change criteria specified in Section 26-112. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Equinox Properties, LLC for approval of a zone change ordinance from Residential-One (R-1) to Mixed Use-Commercial (MU-C) for property located at 3865 Kipling Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: Parcel 1: That part of the E1/2El/2SEoSEo of Section 21, Township 3 South, Range 69 West, Described as follows: Beginning at the Southeast corner of said Section; running thence North along East line of said Section 762 feet to a point; running thence in Southwesterly direction in a straight line to a point on West line of said E1/2E1/2SEoSEo of said Section, which point is 600 feet North of South line of said Section; running thence along West line of said E1/2E1/2SEoSEo to South line of said Section; running thence East along South line of said Section to place of beginning; ATTACHMENT 1 Except that portion deeded to Standard Oil Company, a corporation organized under the laws of Indiana, recorded in Book 1026, Page 160, of the records of Jefferson County, and Except that portion deeded to The American Oil Company, a corporation duly organized under the laws of the State of Maryland, recorded in Book 2024, Page 347, and Except right of way for West 38th Avenue, and right of way for Kipling Street which have previously been granted to the County of Jefferson, State of Colorado, and Except that portion conveyed to the City of Wheat Ridge by Quit Claim Deed recorded March 29, 1989 at Reception No. 89026317, and except those portions conveyed to the City of Wheat Ridge by Warranty Deeds recorded July 23, 1999 at Reception Nos. F0913893 and F0913895. County of Jefferson, State of Colorado. Parcel 2: A tract of land lying in the S.E. o of Section 21, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as: Commencing at the Southeast corner of the West 1/2 of the East 1/2 of the Southeast o of the Southeast o of said Section 21; Thence Northerly along the East line of the said West 1/2 a distance of 30 feet to the True Point of Beginning; Said point lying on the North Right of Way line of West 38th Avenue; Thence Northerly along the East line of the said West 1/2 a distance of 296.4 feet; Thence on a deflection left 99°30', a distance of 20.28 feet, to a point which lies 20 feet West of the East line of the said West 1/2; Thence Southerly parallel to the said East line of the West 1/2 a distance of 293.0 feet more or less to a point on the Northerly Right of Way line of West 38th Avenue; Thence Easterly a distance of 20 feet along the said Northerly Right of Way line of West 38th Avenue to the True Point of Beginning. County of Jefferson, State of Colorado. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare 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 objective sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed . If any section, subsection or clause of the 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 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 _ to _ on this Sth day of February, 2016, ordered it published with Public Hearing and consideration on final passage set for Monday, March 14, 2016 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 14th day of March, 2016. SIGNED by the Mayor on this ___ day of ______ , 2016. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form: 151 publication: 2nd publication: Wheat Ridge Transcript: Effective Date: Gerald Dahl, City Attorney ..,. ~ I ., • • -City of • '?Whe atRi_dge fTEMNO:~ DATE: February 8, 2016 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD CONTRACT TO MID-AMERICA POOL RENOV ATlON, ST. LOUIS, MJSSOURI, IN THE AMOUNT OF $170,795 FOR THE PURPOSE OF WATER TOY REPLACEMENT AND RESURFACING OF THE OUTDOOR POOLS AT ANDERSON PARK AND TO APPROVE A CONTINGENCY AMOUNT OF $17,000 FOR A TOTAL OF $187,795 D PUBLIC HEARrNG [gl BIDS/MOTIONS D RESOLUTfONS QUASI-JUDIC IAL: ISSUE: D ORDrNANCES FOR I ST READrNG D ORDINANCES FOR 2 D READrNG D YES [gl NO CiQ~ The scope of the contract award includes the resurfacing of both the lap and leisure pools at the Wheat Ridge Municipal Pool located in Anderson Park. The scope also includes the removal of the nonworking hydro tower and replacement with a spray mushroom water feature and the addition of railings to meet ADA guidelines. PRJOR ACTION: None FINANCIAL IMPACT: The 2016 budget includes $180,000 in the Open Space Fund and S 155,000 in the General Fund for a total of$335,000. The contract award with contingency totals $187,795. The remaining budgeted fu nds will be used to complete other repairs and improvements to the pool when the scope of work and cost have been identified. These additional repairs and improvements include replacing the double yellow slide to meet code requirements and removal or repair of the remai ning toys in the leisure pool and the addition of a shade umbrella. Council Action Fonn -Outdoor Pools Contract February 8, 201 6 Page 2 BA CKGROUN D: This project was originally bid in the spring of 20 I 5 as RFQ-JN-1 5-16 DB Anderson Park Pool Renovations, a design-build project. There was one responsive bidder and the pricing submitted exceeded the budget. The project was then rebid in the fall of 20 I 5, with a revised and expanded scope and line item specified pricing in a bid fonnat. There was one responsive bidder, Mid- America Pool Renovation, St. Louis, MO. The company that bid on the first design-build scope, as well as several others, had already filled their work schedule for the first halfof2016 and therefore elected not to bid on this project. Due to the difficulty of pricing some of the repairs to the toys, Mid-America Pool Renovation has been contracted to complete investigative work to identify solutions and sources for the remainder of the work as outlined in the request for bid. Without the completion of the investigative work and the ability to inspect the plumbing, pumping and mechanical system it is not possible to accurately price the repairs and solutions at a cost-efficient price for the City and the contractor. This investigative work shall not exceed $2,700. Other considerations which may affect the project timeline include the contractors schedule, weather conditions, and any safety improvements that may be needed. RECOMMENDATIONS: Because of the factors listed above, staff recommends awarding the contract for resurfacing both pools with DiamondBrite product and replacing the hydro tower with a mushroom toy; and, if warranted, staff wi ll bring forth a request at a later date to increase the award scope and payable commitment for any additional repairs and replacement items that are needed. RECOM-MENDED MOTION: "I move to approve the contract award to Mid-America Pool Renovation, St. Louis, Mo, in the amount of $170,795 fo r the purpose of water toy replacement and resurfacing of the outdoor pools at Anderson Park, and to approve a contingency amount of $17,000 for a total of $187,795." Or, "I move to deny the award to Mid-America Pool Renovation St. Louis. Mo, in the amount of $170,795 for the purpose of water toy replacement and resurfacing of the outdoor pools at Anderson Park, and to approve a contingency amount of$17,000 for a total of$187,795 for the following reason(s) " REPORT PREPARED/REVIEWED BY: Joyce Manwaring, Parks and Recreation Director Jennifer Nell is, Purchasing Agent Patrick Goff, City Manager ATTACHMENTS: I. RFB-l 5-29 Bid Tab Sheet 2. Prici ng Adjustment Sheet/email dated 1/19/20 16 , ... ,~ -# .,. City of • ?WheatR!9ge PROJECT: RFB-15-29 OUTDOOR POOL REPAIR AND MAINTENANCE DUE DATE/TIME: FRIDAY, NOVEMBER 20, 2015 AT 1 P.M. LOCAl nME Pagel ofl RE~QE D BY: JOYCE MANWARING, PARKS & RECRAnON DIRECTOR OPENED BY: JENNIFER NELLIS, PURCHASING AGENT TNESSED BY: CINDY RAIOLO, PURCHASING TECHNICIAN Atta chment 1 WHEAT RIDGE Lap & Leisure Pools-Pricing Currently Quoted on RFB-15-29 (Required) Item 1 Diamond Brite® Re-surfacing Lap Pool: $ 79,890.00 Item 2 Diamond Brite® Re-surfacing Leisure Pool: $ 42,105.00 Item Sa (Part of 4) Hydro Tower Removal , Cap, etc. Replace with Mushroom Water Feature $ 35,780.00 Item 6 Water Slide Adjustments: Item 8 New SIS Steel Railing $ 4,200.00 Item 9 Mobilization (All Travel, Equipment Hauling, Scaffolds, etc.) $ 8,820.00 Items 4, 7 For Diagnostic Work Only, By MAPR $ 135.00/Hr. 20-Estimated Hours ($ 2,700) Attachment 2 Alternate Pricing INTER-GLASS® $ 100,485.00 $ 46,440.00 No change No Change No Change No Change ... 4" . ... _ ~ City of JP'Whe atRi_dge ITEM NO: _.!1: DATE: February 8, 2016 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 14-2016 -A RESOLUTION APPROVING THE RENEWAL AND AMENDMffiNT OF AN INTERGOVERNMENTAL AGREEMENT FOR AMBULANCE SERVICES AMONG THE CITY OF WHEAT RIDGE, THE WHEAT RIDGE FIRE PROTECTION DISTRICT AND RURAL/METRO OF CENTRAL COLORADO DBA PRIDEMARK PARAMEDIC SERVICES, LLC 0 PUBLIC HEARING D BIDS/MOTIONS [gl RESOLUTl ONS 0 ORDINANCES FOR 1 sr READING 0 ORDINANCES FOR 2ND READING QUASI-JUDICIAL: D YES c~ AC--T! ISSUE: Effective on January I, 2012, an Intergovernmental Agreement {IGA) between the City of Wheat Ridge, Wheat Ridge Fire Protection District and Rural/Metro Ambulance -Pridemark Paramedic Services was approved by the City Council. The purpose of the IGA is to ensure the availability of high quality emergency ambulance service within the entire corporate li mits of the City of Wheat Ridge and the response boundaries of the Fire District. The purpose of the requested City Council action is to approve the renewal of the IGA for the calendar year 2016 and to approve two amendments to the I GA. The first is to identify that all ambulance response to structure fi res is an emergency response. The second is to cap rates charged to the City for the transport of persons in custody. PRIOR ACTJON: The Agreement was approved by City Council on October 24, 201 I, became effective on January 1, 2012, and was fo r a period of one calendar year. It could be continued for successive one-year periods fo r an additional four years. Under these tenns. the current IGA wi ll expire on Council Action Form -Resolution Approving EMS Services February 8, 20 16 Page 2 December 31. 2016. The Wheat Ridge Fi re Protection District Board of Directors approved the original IGA, and is scheduled to review the amended IGA for the calendar year 20 l6. FINANC IAL IMPACT: There wiJl be a positive financial impact to the City of Wheat Ridge in that Rural/Metro - Pridemark Paramedic Services has agreed to cap the fees paid by the Wheat Ridge Police Department regarding the transport of in-custody persons. The amount the City pays per transport is listed in a table in the £GA. BACKGROUND: It continues to be the desire of the City to ensure the availability of high quality emergency ambulance service within the entire corporate limits of the City. This has been accomplished through an IGA with Rural/Metro Ambulance -Pridemark Paramedic Services. The JGA has an additional signatory, the Wheat Ridge Fire Protection District. who has the same desire to ensure and provide ambulance services within their defined fire district boundaries. On January 25, 2016. the Council adopted Resolution 12-2016 expressing support of the consolidation of the Wheat Ridge Fire Protection District and the West Metro Fire Protection District with the understanding that the merged entities would then provide EMS services to the City. This merger has yet to occur. RECOMMENDAT IONS: lt is recommended that the City Council approve the resolution to renew the IGA for ambulance services within the City corporate limits for the calendar year of20 16 and the attached amendments be approved. RECO MMENDED MOTION: "1 move to approve Resolution No. 14-2016. a resolution approvi ng the renewal and amendment of an Intergovernmental Agreement for ambulance services among the City of Wheat Ridge, Wheat Ridge Fi re Protection District and Rural/Metro of Central Colorado dba Pridemark Paramedic Services, LLC." Or, "1 move to postpone indefinitely Resolution No. 14-2016, a resolution approving the renewal and amendment of an Intergovernmental Agreement for ambulance services among the City of Wheat Ridge, Wheat Ridge Fire Protection District and RuraJ!Metro of Central Colorado the fo llowing reason(s) " REPORT PREPARED/REVIEWED BY: Di vision Chief Dave Pickett Acting Police Chief Jim Lorentz City Manager Patrick Goff Council Action Form -Resolution Approving EMS Services February 8, 2016 Page 3 A TTACITMENTS: I. Resolution No. 14-2016 2. Intergovernmental Agreement between City ofWheat Ridge and Pridemark Ambulance Service 3. StaffReport -Pridernark Paramedic Services 20 15 AnnuaJ Review, dated February 8, 2016 TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 14 Series of 2016 A RESOLUTION APPROVING THE RENEWAL AND AMENDMENT OF AN INTERGOVERNMENTAL AGREEMENT FOR AMBULANCE SERVICES AMONG THE CITY OF WHEAT RIDGE, THE WHEAT RIDGE FIRE PROTECTION DISTRICT AND RURAUMETRO OF CENTRAL COLORADO DBA PRIDEMARK PARAMEDIC SERVICES, LLC. WHEREAS, the City of Wheat Ridge, Colorado (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, in the exercise of that authority, effective January 1, 2012, the Council approved an Intergovernmental Agreement (IGA) among the City, the Wheat Ridge Fire Protection District and Rural Metro Ambulance, d/b/a Pridemark Paramedic Services for the provision of ambulance services within the City boundaries; and WHEREAS, the IGA requires annual renewal and approval; and WHEREAS, on January 25, 2016, through the adoption of Resolution 12-2016, the Council expressed its support for the proposed consolidation of the District and the West Metro Fire Protection District, as well as the Council's willingness to consider termination of the IGA if and when the districts consolidate and are able to provide fire- based EMS services in the City; and WHEREAS, the Council finds that such consolidation has not yet taken place and that renewal of the IGA is therefore appropriate and desirable at this time to ensure adequate emergency ambulance service throughout the City; and WHEREAS, based on the previous year of experience with the IGA, the parties further desire to amend the IGA to establish maximum rates for certain services billed to the City; and WHEREAS, Section 14.2 of the Wheat Ridge Home Rule Charter requires the Council to approve agreements with other governmental entities by resolution or ordinance. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. The Council hereby approves the renewal of the Intergovernmental Agreement for ambulance services between the City of W heat Ridge, the Wheat Ridge Fire Protection District, and Rural/Metro of Central Colorado, Inc. d/b/a Pridemark Attachment 1 Paramedic Services, as amended and as attached to this Resolution, for the 2016 calendar year. Section 2. The Council reaffirms its expression of support for district consolidation and willingness to reconsider the IGA in the event of such consolidation, as more particularly stated in Resolution 12-2016. Section 3. This Resolution shall be effective immediately. DONE AND RESOLVED this 8th day of February, 2016. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk 2 ... ~'4' ... _ yr City of • ~Wlieat R.i__dge INTERGOVERNMENTAL AGREEMENT RFP-11 -31 AN AGREEMENT AMONG THE CITY OF WHEAT RIDGE, THE WHEAT RIDGE FIRE PROTECTION DISTRICT, AND RURAUMETRO OF CENTRAL COLORADO, INC. d/b/a PRIDEMARK PARAMEDIC SERVICES, FOR AMBULANCE SERVICES. 1.0 PARTIES. The parties to this Agreement are the City of Wheat Ridge, a Colorado municipal corporation (hereinafter referred to as "the City"}, Wheat Ridge Fire Protection District, an independent, quasi-municipal corporation, (hereinafter referred to as the "Fire District"} and RURAL/METRO OF CENTRAL COLORADO, INC. d/b/a PRIDEMARK PARAMEDIC SERVICES, (hereinafter referred to as "the Company"}. 2.0 RECITALS AND PURPOSE. The City and Fire District desire to ensure the availability of high quality emergency ambulance service within the entire corporate limits of the City of Wheat Ridge, and the boundaries of the Fire District, and the Company agrees to provide such services pursuant to the terms of this Agreement. ll The response area of the City of Wheat Ridge is within the corporate city limits. If the destination is in an overlapping area with another City, the call should be handled by the provider who is contracted with the originating call dispatch center. If this is not feasible, the responding fire protection districVdepartment must be immediately notified. 2.2 The response area for the Fire District shall include the Town of Mountain View, unincorporated Jefferson County which is within the Fire District, Town of Lakeside excluding the amusement park and the single family dwellings, those portions of the Fire District that are located within the Fairmount Fire Protection District and the City of Lakewood. Effective January 1, 2013, the City of Edgewater became a response area of the Wheat Ridge Fire Protection District. 3.0 TERMS AND CONDITIONS. ll Service. The Company will maintain a response time of six (6} minutes on emergency responses 90% of the time and a response of ten (1 0) minutes on non- emergency 90% of the time. The Company shall make available a sufficient ALS ambulance to respond to calls for medical assistance within the City and Fire District for it to meet the required response times. The Company further agrees to make available backup ambulances to the City and Fire District with response time of eight (8) minutes or less. 3.1.1 The Company shall provide EMS services twenty-four hours a day, seven days a week, and three hundred sixty-five days per year. Response shall be without regard to the patient's ability to pay. 3.1.2 The standard of care shall include the Denver Metro Paramedic Protocol Standards. 3.1.2.1 The emergency medical services standard of care shall be ALS ambulances staffed with at least one licensed paramedic on board each ALS unit. The EMS duties shall be performed under the control and direction of the paramedic. At least one qualified EMT can also be a member of each crew. ALS crews shall respond on all calls for service. After initial assessment by a paramedic, and only when deemed medically appropriate, a BLS 1 Attachment 2 crew, consisting of no less than two (2) EMT's, may provide transportation to the hospital. 3.1.3 The company shall be required to develop and maintain a current deployment plan. Deployment plans must contain the following elements: 3.1.3.1 Identification of the number of ambulances to be deployed during each hour of the day and day of week. 3.1.3.2 A description of 24 hour system status management strategies to deploy or re-deploy resources to meet performance requirements. 3.1.3.3 A description of how the company will meet the demand for emergency ambulance response during peak periods and during unexpected periods or unusually high call volume. 3.1.4 In the event there will be a recognized delay where the anticipated travel time exceeds the emergent response time of six (6) minutes or the non- emergent response time of ten (10) minutes, the Incident Commander of the situation shall be notified. The Incident Commander will then make the decision as to authorizing the continued response of the Company, or to request other EMS service providers. 3.1.5 The Fire District requires an ambulance response when the call for service is a confirmed structure fire even if it has been determined that there are no confirmed injuries at the onset of the call. The ambulance response shall be emergent unless otherwise notified by the City or the responding fire protection districVfire department. 3.1.6 For purposes of this Agreement, the following priorities shall apply to EMS Services: 3.1.6.1 Emergent (Priority 1) Response: Situation determined by the emergency medical dispatcher, in strict compliance with the medical priority dispatch "b", "c", "d", or ''e" response codes and their associated criteria. 3.1.6.2 Non-Emergent (Priority 2) Response: Situation determined by the emergency medical dispatcher, in strict compliance with the medical priority dispatch "a" response code and associated criteria. 3.2 Penalties for Non-Compliance. 3.2.1 The Company understands that the failure to comply with response times will result in damages to the City and/or Fire District and that it is impracticable to determine the actual amount of such damages. Therefore, the Company, City, and Fire District now agree that the liquidated damages specified for EMS services are reasonable. All liquidated damages shall be late if not receive by the City or the Fire District no later than thirty (3) days after written receipt of notice of the liquidated damages. The penalties for non-compliance of service delivery are established as the following fractile minimum times and actual penalties for non-compliance: 2 Emergent & Non-Emergent Responses Financial Penalty Per Month 90% or above $0.00 85% to 89.99 % $ 1,500 80% to 84.99% $2,500 75% to 79.99% $3,500 74.99 % and below $ 4,500 3.2.2 Additional penalties shall also be assessed against the Company In the following instances: 3.2.2.1 A $100 penalty charge shall be assessed for each instance in which the Company fails to give the responding fire protection districVdepartment communications center it's "enroute to scene" or "arrival at scene" times in conformance with missing data penalties. For each instance in which an ambulance was dispatched and the crew fails to report is times or any other information on which the measurement of system performance depends, the $1 00 penalty will apply per occurrence. 3.2.2.2 A $100 penalty shall be assessed for any response time greater than fifteen (15) minutes. 3.2.2.3 Penalties collected in conformance with this Agreement shall be given to the City contracted Victim Services Program, or another service program that is related to the provision of EMS services as determined by the EMS Response Time Compliance Committee. 3.2.2.4 Response times for EMS services will be measured from the time the Company is documented as dispatched by the emergency medical dispatcher until the dispatcher is notified and documents the service provider has arrived on-scene (or in the case of another location other than the actual scene, the staging area or nearest accessible point for the ambulance (i.e. fence, apartment complex parking lot, etc.) The Company agrees the Company's communications center shall be the official record of each call. All compliance response times shall be immediately available for review upon request. 3.2.2.5 If the Company is upgraded prior to the first EMS ambulance arriving on scene, compliance with response time and liquidated damages will be calculated based on the shorter of: 3.2.2.5.1 Time elapsed from dispatch time, as specified to time of upgrade plus the higher priority response time, or 3.2.2.5.2 The lower priority response time requirement. 3.2.2.6 Downgrades may be initiated by emergency medical dispatchers when the response was dispatched becomes available that indicates, in strict accordance with the medical priority dispatch response codes, that the response should have been dispatched at a lower priority. Downgrades may also be initiated by the City and/or EMS first responders of the Company's supervisory personnel who arrive on scene prior to the first EMS ambulance in a accordance with the medical priority dispatch response 3 codes. If a response is downgraded prior to the arrival on scene of the first EMS ambulance, the Company's compliance with response time and liquidated damages will be calculated based on: 3.2.2.6.1 The lower priority response time standard, if the EMS ambulance is downgraded before it would have been judged late under the higher priority response time, or 3.2.2.6.2 The higher priority response time standard, if the EMS ambulance is downgraded after it would have been judged later under the higher priority response time. 3.2.3 If the Company is unable to respond with a backup ambulance the Company shall immediately call another ambulance company to provide the required ambulance service and shall immediately notify the communications center for the responding fire protection districV department. 3.2.4 Equipment failure, traffic accidents, Company dispatch errors or lack of a nearby ambulance shall not furnish grounds for release from response time standards. If the Company feels that any response or group of responses due "to unusual circumstances beyond the Company's reasonable control", the Company may request, in writing, that these runs be excluded from response time performance calculations and penalties. 3.2.5 In the event of Inclement weather, the parties further agree that a weather emergency will be declared with the City Police Department or the District deems appropriate. 3.2.6 During a disaster, it is mutually agreed upon by the parties, whether within the response area or in a neighboring area or community, the Company shall be exempt from the response time requirements stated in this Agreement. A "disaster" may include widespread destruction or endangerment of lives cause by severe weather, flooding, military or civil actions, manmade or natural disasters. 3.2. 7 Prior to a period of unusual system overload within the City or the Fire District, the Company shall have a plan in place which proactively addresses the system overload . 3.3 Calls. In consideration of keeping such ambulances available this Agreement is exclusive between the City, Fire District and the company for all PSAP generated emergency and non-emergency ground medical transportation requirements within the response area. The City and/or District shall not engage or utilize other contractors or persons to perform ground medical transportation services of the same or similar nature, except in instances where, in the City and/or District's reasonable judgment, the service provider is unable to provide the ground medical transportation services within the response times stated in the Agreement. 3.3.1 The Company further agrees that it shall respond to all calls directed by the City or Fire District, and shall perform its duties under the direction and control of the requesting agency. 4 3.3.2 The City and the Fire District may require an ambulance to be on site at various festivals and public events at no additional cost to the City or Fire District. 3.3.3 Calls for service will include response by the Company for lift assists (non-injury included) at no cost to the City or Fire District. 3.4 Compliance with Law. The Company agrees to comply with all federal, state, county, and local statutes, regulations, or ordinances in its provision of the services described within this Agreement, and to maintain its current ambulance license issued by Jefferson County. The Company agrees that its records and rosters regarding equipment, vehicles, and training may be reviewed by the City or Fire District during regular business hours. 3.5 Communications. The Company agrees to maintain communications capabilities with the City of Wheat Ridge Police/Fire Communications Center and all police, fire, and ambulance vehicles and equipment, as well as communications between the Company's vehicles and the City and Fire District personnel on scene, and to maintain two back-up speed dial lines containing the caller identification feature to the Communication Center, all at the Company's expense using direct telephone line capabilities. The Company agrees to maintain channels one and two on the frequency of the Company's vehicles and dispatch center. All radios used shall be programmed by Lakewood/West Metro Area communication personnel. 3.6 Medical Supervision. The Company agrees to utilize a Physician Advisor agreed upon by the City and Fire District. A Physician Advisor is defined as a physician who establishes protocols for medical acts performed by paramedics, and who is specifically designated and responsible to assure the competency of the performance of those acts allowed by such paramedics. The parties hereto agree that this Section 3.5 shall be in effect only for the scope of service detailed in this Agreement. The Company further agrees to adhere to, as a minimum standard, the Denver Metropolitan Paramedic Protocols, as amended, with respect to medical acts not governed by the protocols developed by the Company Physician Advisor. 3.7 Rates. The Company shall be allowed to charge patients its usually and customary rates. A copy of the Company's current rate schedule attached to this Agreement as Exhibit A. Any changes to the rate schedule which exceed a Denver Medical CPI must be approved by the City and Fire District before taking effect. Rates will be evaluated as part of the performance evaluation. 3.7.1 Patients transported by the Company will be responsible for the full amount of insurance deductibles and co-payments required prior to insurance reimbursement. The maximum out of pocket expense will also apply to patients who do not have insurance. 3.7.2 Rates should include cost containment measures that guarantee a maximum out of pocket expense to a patient who utilizes the service. 3.7.3 Only one price increase per year may be submitted. The request must be at least sixty (60} days prior to the expiration date. 3.7.4. Maximum rates charged to the City. The Company shall charge the City the following maximum rates: $45.00 per forensic blood draw; transport services at the rates set forth in the table below: Transnort Tvne /S1 ..:. HCf.CS Ra.tt ALS Non-Emergency Transport level1 A0426 $315.00 ALS Emergency Transport Level 1 A0427 $500.00 BLS Non-Emergency Transport A0428 $260.00 5 BLS Emergency Transport A0429 $415.00 ALS Level 2 A0433 $715.00 SCT Specialty Care Transport A0434 $900.00 SCT Specialty Care Transport Neonatal A0225 N/A Mileage (Per Loaded Mile) A0425 $7.50 Non-Covered Mileage (Per Loaded Mile) A0888 N/A 3.8 Detox and Mental Health Hold Transports. Notwithstanding any other provision of this Agreement to the contrary, the Parties shall adhere to the following protocols in regards to ambulance transports to detoxification facilities or to medical facilities for purposes of mental health holds: 3.8.1 Detox Transports A. City personnel and Company personnel will cooperatively attempt to obtain subject consent to transport. If consent is obtained, the City and Company shall each duly document such consent in its usual manner of record-keeping. B. If consent to transport cannot be obtained from an intoxicated subject who is unable to care for himself or who requires detoxification supervision or medical care. the Company shall transport such a subject as a patient who lacks decision-making capacity, in accordance with the Denver Metro Paramedic Protocols. C. The Company shall bill the subject for the cost of detoxification transports on the basis of either express or implied consent. The Company agrees that it shall not seek to recover the costs of detoxification transports from the City. The Parties recognize and agree that such transports do not constitute "custody" for purposes of Section 16·3-401 of the Colorado Revised Statutes. 3.8.2 Mental Health Hold Transports. A. City personnel and Company personnel will cooperatively attempt to obtain subject consent to transport if such personnel agree that consent can be meaningfully given by the subject. If consent is obtained, the City and Company shall each duly document such consent in its usual manner of record-keeping. B. If subject consent cannot be obtained pursuant to A. above: i. If the subject lacks decision-making capacity, the Company will transport the subject in accordance with the Denver Metro Paramedic Protocols. In such even, and when City personnel determine that the subject meets the applicable statutory criteria, City personnel shall provide completed mental health hold documentation on the subject to Company personnel. Such documentation is provided by the City as a fulfillment of its Police Department duties and intended as a corroboration of the determination of Company personnel that a subject requires mental health hold documentation provided by City law enforcement personnel is not an exercise or admission of "custody" for purposes of CRS 16-3-401 and shall not be used by the Company to seek to recover the costs of such transports from the City. 6 ii. If the subject does not lack decision-making capacity, or if City personnel believe the subject lacks such capacity but Company personnel disagree, Company personnel shall contact the Base Physician, in accordance with Guideline "E" under the "Mental Health Holds" portion of the Denver Metro Paramedic Protocols, for a remote evaluation of the subject. The Base Physician shall determine whether the subject must be transported against his will. If the Base Physician orders the subject transported for evaluation against his bill, the Company and City shall proceed with transport. paperwork and billing as set forth under paragraph i. above. If the Base Physician does not authorize the transport of the subject against his will, the City shall not utilize the Company for transport. C. The Company shall bill the subject for the cost of mental hold transports on the basis of either express or implied consent. The Company agrees that it shall not seek to recover such costs from the City and that mental health hold transports do not constitute "custody" for purposes of Section 16-3-401 of the Colorado Revised Statutes. 3.8.3 During transport, Company personnel shall exercise that degree of physical control over patients as is required by relevant practices, customs and professional standards. If, despite the exercise of such control, a person being transported pursuant to this Section 3.8 escapes before he is delivered to his ultimate destination, the City expressly agrees that such escape does not constitute a breach of this agreement by Company. 3.8.4 The City and Company each recognize and agree that mental health holds, detoxification holds and other emergency commitments authorized by law reflect a public policy of providing care and treatment to those unable to obtain it themselves. Emergency holds and commitments do not serve the same purposes and goals as arrests, detainments in jails and other forms of traditional law enforcement "custody," e.g., preventing escape pending adjudication, segregating offenders as punishment and protecting the law-abiding population. Each Party seeks to play its customary role in protecting individuals and the public and in facilitating the provision of care to those who need it without fear of unpredictable and uncontrollable expenses. 4.0 HELICOPTER. It is understood that in cases of extreme emergency, it may be necessary to use a helicopter in lieu of, or in addition to, the Company's ground services. Such medical decisions to use the helicopter service shall be made by the police and/or fire personnel or Company personnel on scene, ·with the primary responsibility for such medical decision making resting with the Company after consultation with fire and police personnel on the scene. 5.0 CONTROL. The Wheat Ridge Police Department shall have control of all crime scenes to which the Company is requested to respond . The Wheat Ridge Fire Protection District's ranking officer on scene shall have control of all fire and EMS scenes. Company employees shall consult with and follow the orders and directions given by the appropriate police or fire personnel, as such orders relate to scene control. The Company paramedic shall be in charge of all patient care and transportation destination. including medical triage and mode of transportation, pursuant to appropriate medical care protocols as approved by their physician advisor. 6.0 TRAINING. The Company agrees to provide upon request by either the City or the Fire District and at the Company's own expense, personnel to assist with the training of the City police department personnel and/or Fire District personnel in the areas of First Responder, EMT and 7 CPR classes, along with appropriate CE medical training. These classes shall be held at times mutually agreed upon by the parties hereto. 7.0 EQUIPMENT. L.1 The Company shall furnish, at its own expense, ambulances and accessory equipment. The Company agrees to provide commonly used disposable supplies as replacements for those supplies used by the responding fire protection districVdepartment during medical emergencies. These supplies will be initially stocked by the company such that each responding fire protection districVdepartment in the district has ample supplies to respond to emergencies. The company will periodically re- stock the supplies in a manner agreed by responding fire protection districVdepartment. 7.2 The Company agrees that Jefferson County or any other licensing authority shall have the right to inspect on an annual basis the Company's vehicles used for performance of ambulance service, for the purpose of determining safety standards of the vehicles used and, further, to ensure that the vehicles so used are equipped with that accessory equipment required by the Colorado Department of Public Health and Environment, and said equipment shall be in proper working order for the use in Advanced Life Support treatment. A permit issued by the County or any other licensing authority shall be deemed as evidence of said annual inspections. 7.3 The Company agrees, when operating its ambulance vehicles in an emergency or non-emergency capacity, said vehicles will be driven in a safe and prudent manner, in compliance with all State statutes. City and County ordinances relating to the operation of emergency vehicles. 7.4 The company is encouraged to equip all EMS providers with NFPA 1071 , or NFPA 1951-compliant personal protective equipment to include helmet, eye protection, gloves, coat, trousers, and boots. Furthermore. all EMS providers shall be provided ANSI 207-compliant traffic safety vests. The required equipment shall be worn on all automobile accidents occurring with the response area of this Agreement. 7.5 Upon request, the Company will provide details of their vehicle replacement program. 8.0 COMPANY EMPLOYEES. Each crew shall consist of no less than a licensed paramedic and one qualified EMT whose qualification meet the guidelines of the statutes, rules. and regulations of the Emergency Medical Services Division of the Colorado Department of Health, as amended, and are acceptable to the Company Physician Advisor. §J. The Company agrees, while operating its ambulance in and around the City and Fire District boundaries, the employees of the Company shall maintain a professional attitude and performance standard and level of conduct for Emergency Medical Technicians and Paramedics. 8.2 The Company agrees to notify the City and Fire District within thirty (30) days of changes in management personnel. Staff changes shall never change the level of service. 8.3 The Company will provide the City and the Fire District a complete list of Company field employees, their certifications , and completed continuing education immediately upon request. 9.0 TERM. The parties mutually agree and understand that the term of this Agreement shall be for a period of one ( 1) year from January 2012 thru January 2013 and upon the expiration of said period, this Agreement may continue for four (4) additional one-year periods, subject to the provisions hereof, provided that no event shall this Agreement continue for a period beyond five 8 (5) years from the date of execution hereof. Said Agreement shall be renewed for successive one (1) year periods, as provided herein. subject to review and performance evaluation by the Wheat Ridge City Council and the Wheat Ridge Fire District annually. This Agreement may be terminated by either the City Council or the Fire District, following said review, or pursuant to the provisions of this Agreement. Unless so terminated, this Agreement shall continue in full force and effect. The parties further agree that the City or Fire District, upon a determination that the Company is not performing the agreed upon services in a reasonable manner and/or in a timely fashion, shall give written notice of such dissatisfaction, and failure of the Company to develop and implement a plan to rectify substandard practices within ten (10) days from receipt of notice thereof, shall give rise to the cancellation of this Agreement. Should such determination of dissatisfaction result from a particular incident, the City or the Fire District will attempt to give oral notice within two (2) business days of the incident giving rise to the dissatisfaction. Upon issuance of a second notice of dissatisfaction, the City or Fire District may, at its option, cancel this Agreement without affording the Company the opportunity to correct the complained of substandard practice. ll Nothing contained herein shall be construed as establishing any obligation on behalf of the City and/or Fire District to make any monetary payment or other subsidy to the Company by virtue of this agreement. 9.2 This Agreement shall remain in full force and effect provided, however, that either party may terminate this Agreement sooner, other than for cause, upon one hundred twenty (120) days notice. This termination provision shall also be applicable to any renewable period exercised by the parties. 9.3 If any party fails to comply with any term of this Agreement, any other party may terminate this Agreement immediately upon written notice indicating the termination date and/or sue for breach of contract. In such event, the prevailing party in such dispute shall be entitled to its reasonable costs, including its attorneys' fees. 9.4 The obligations of the City and the Fire District hereunder are expressly subject to the approval of annual appropriations, therefore, in the event of non-appropriation, this Agreement shall be deemed terminated as of the end of the fiscal year for which funds have been appropriated. Termination of the Agreement for this reason shall not constitute a default or breach of the Agreement within the scope of Section 9.3. This Agreement does not create or constitute a multi-year fiscal obligation of the City or of the Fire District. 10.0 POLICY. 10.1 The Company's performance shall be reviewed annually by the City, Fire District and Physician Advisor. A written performance report shall be submitted to the City Council and the Fire District Board at the time of renewal of this Agreement. 10.2 The Company agrees to be a participating member in any review committee which is established by the City, the Fire District or by the approved Physician Advisor. 10.3 The EMS Response Time Compliance Committee (ERTCC) is hereby established for purposes of this Agreement. This committee shall meet on a monthly basis. The Company agrees to maintain and provided to the City and/or District monthly response time reports, ambulance trip reports to include the patient's name, address, dispatch time, arrival time, destination time and the patient's condition, and any other pertinent reports as requested by the ERTCC. 1 0.3.1 The ERTCC will review the response times and determination of allowable exemptions. The determination of allowable exemptions will be based upon the circumstances that existed during the particular situation being reviewed. At the discretion of the committee members, the allowance exemptions may not be reflected in subsequent monthly statistics. 9 1 0.3.2 The parties agree that from time to time issues may arise where one party has concerns regarding the employees of the other party(s) or other issues related to the parties operations as they affect this Agreement. The parties agree that, upon receipt of a request to address any issue of this type, an appropriate representative of each party shall promptly meet to explore the matter, and each party shall work in good faith to address valid issues of concern. 10.4 The City and/or District may, upon written notice, inspect the Company's records to ensure compliance with this Agreement. 10.5 Nothing contained within this section of the Agreement constitutes the waiver of any patient's rights to confidentiality. 11 .0 ASSIGNMENT. Except as provided in this Section, the Company may not assign or subcontract, its rights and obligations under this Agreement, without this prior written approval of the City and Fire District. 12.0 LIABILITY. Notwithstanding any language to the Contrary contained in this Agreement, the Company is an independent contractor and is not an employee or agent of the City or Fire District. The Company assumes all liability for and agrees to indemnify and hold harmless the City and Fire District. The Company assumes all liability for and agrees to indemnify and hold harmless the City and Fire District from any and all claims for injuries or damages, including attorney's fees, arising from the Company's performance or lack of performance under this Agreement except to the extent such claim for injury or damages which are the direct and proximate result of an act or order of a police officer or other employee or volunteer of the City or Fire District. 13.0 INSURANCE. The parties further agree and understand that the Company shall maintain and keep in force an automobile insurance liability Polley with a minimum coverage of One Million Dollars ($1 ,000,000.00) combined single limit for bodily injury and property damage. 13.1 The Company shall maintain and keep in force a Professional and General Liability insurance policy covering the employees of the Company for any and all malpractice and/or negligent acts performed or committed by those employees of the Company. Coverage for Professional/General liability shall be a minimum of one million dollars ($1 ,000,000) for any one claim and one million dollars ($1 ,000,000) combines single limit bodily injury and property damage. 13.2 Provided, however, that any language contained in this paragraph 13 to the contrary notwithstanding, the Company agrees that there shall be in effect, no less than one million dollars ($1 ,000,000) of insurance protection for each of the types of insurance protection specified in paragraph 13.1 hereof, which one million dollars {$1 ,000,000) of minimum insurance coverage shall be available to each person or patient attended to or transported by the Company pursuant to the terms hereof. The Company also agrees to furnish the City and Fire District a Certificate of Insurance evidencing the minimum amounts of coverage described above, and said policy shall further provide a specific provision relating that, in the event of cancellation of said policy, the City and Fire District shall be notified in writing ten (1 0) days prior to cancellation. The Company agrees to name the City and Fire District as additional insured parties. 13.3 The Company shall maintain and keep in force a Workers' Compensation insurance policy for all its employees. This coverage shall meet the statutory limits set forth by the state of Colorado. 13.4 Each party shall be responsible for its own negligent acts, provided, however, that nothing in this Agreement shall waiver any immunity, defense, or limitation of liability 10 available to either the City or the Fire District under the Colorado Governmental Immunity Act, Section 24-10-101, et. Seq., C.R.S. IN WITNESS WHEREOF, the parties have executed this Agreement and intend for it to be in full force and effect on th e day of , 2016. ATTEST: JANELLE SHAVER, CITY CLERK DATE (Seal) APPROVED AS TO FORM: GERALD DAHL, CITY ATTORNEY WHEAT RIDGE FIRE DISTRICT ATTEST: President: Jerry Cassel Wheat Ridge Fire District ATTEST: Secretary Kent Johnson Wheat Ridge Fire District 11 OWNER CITY OF WHEAT RIDGE 7500 W 29TH AVENUE WHEAT RIDGE, CO 80033 303-234-5900 JOYCE JAY, MAYOR CONTRACTOR RURAUMETRO OF CENTRAL COLORADO, INC. d/b/a PRIDEMARK PARAMEDIC SERVICES 6100 WEST 54TH AVENUE ARVADA, CO 80002 AUTHORIZED SIGNATURE PRINT NAME TITLE ATTEST TO CONTRACTOR: NAME TITLE DATE \ . , ...... , ~ City of • ~Wheat&_dge ~OLICE D EPARTMENT TO: THROUGH : FROM: DATE: SU BJECT : Memorandum Mayor Jay and City Council Patrick Goff, City Manager Daniel G. Brennan, Chief of Police Dave Pickett, Division Chief Support Services Division February 8, 2016 Staff Report: RuraVMetro-Pridemark Paramedic Services: 20 15 Annual Review A meeting was held in January of2016, to evaluate the services provided by Rurai/Metro-Pridemark Paramedic Services for the time period of January I, 2015, through and including, December 31, 2015. The EMS Response Time Compliance Committee (ERTCC) meeting was held on January 6, 2016, in the Chiefs Conference Room at the Wheat Ridge Police Department. Those in attendance were: • Daniel Paddock, General Manager for Colorado, Rural/Metro Ambulance-Pridemark Paramedic Services • Bob Olme, Fire Chief, Wheat Ridge Fire Protection District • Dave Pickett, Division Chief, Wheat Ridge Police Department • Michelle Stodden, Administrative Assistant, Wheat Ridge Police Departn1ent Additionally, this meeting served to agree upon changes to the Intergoverrunental Agreement (IGA) between Rurai/Metro-Pridemark, the Wheat Ridge Fire Protection District and the City of Wheat Ridge. The methodology used to conduct the review consisted of reviewing the terms of the agreement, followed by discussion between those parties in attendance. Those proposed changes will be identified in the appropriate section of the lOA as outlined below. The term of this IGA was for a period of one (I) year from January I, 2012 to December 31 , 2012 with the option to continue for four ( 4) additional years. This agreement has been continued for three additional years and the term from January I, 2016 through December 31 , 2016 is the final year available for IGA continuation. The purpose of the IGA is to ensure the availability of adequate ambulance service within the entire corporate limits of the City of Wheat Ridge, and the boundaries of the Fire District. This annual report includes all calls beginning January I, 2015, through and including, December 31, 2015. Attachment 3 Staff Report -Pridemark Annual Review February g, 2016 Page2 3.1 Service From January I, 2015, through and including, December 31, 2015, Rural/Metro-Pridemark Paramedic Services was dispatched to 6,647 call s for service. Of these call s, there were 3,973 transpo1is. This includes both priority one and priority two calls. There were 2,399 priority one transports and 1,574 priority two transports. The IGA requires a six-minute response time to emergency calls for service 90% of th e time. The 1GA requires a response time often minutes on non-emergency calls for service 90% of the time. From January I, 2015, through and including, December 31, 2015, there were 3,715 emergency calls for service responded to by Rural/Metro-Pridemark Paran1edic Services. Of these calls, 93.4 1% were responded to in w1der the six minutes, as required by the IGA. The six-minute fractile of90% was reached in all months of the time period included in this report. From January I. 2015, through and including, December 31, 2015, there were 2,801 non-emergency calls for service responded to by Rural/Metro-Pridemark Paramedic Services. 95.07% of the non- emergency caJls were responded to within the required ten-minute fractile of 90%. The ten-minute fractile of90% was reached in all months included in this reporting period. 3.1.3 Company Deployment Plan Rural/Metro-Pridemark Paramedic Services' deployment plan is reviewed on a daily basis with respect to ca ll volume and geographical distribution of calls for service. 3.1 .5 Fire District Requirements It was detennined that all ambulance response for a confinned structure fire shall be emergent rather than non-emergent due to the rapidly evolving and uncertain conditions that structure fires present to responding firefighters. This change is reflected in the attached lGA 3.1.6. Response Priorities Chief Olme and Division Chief Pickett reported that there have been no issues with this section. All other portions of this section ofthe IGA were complied with throughout the year 2015. 3.2 Penalties for Non-Compliance There were no instances where non-compliance penalties were considered. 3.2.2.1 Required Notification ChiefOime stated there have been instances where the required notifications by RuraJ/Metro- Pridemark Paramedic Services crews to the West Metro Dispatch Center, as requi red by this section, have not been made. He reported these issues have been addressed through proactive and positive meetings. 3.2.2.2 Penaltv for response times greater than 15 minutes This penalty section bas not been invoked. Rurai/Metro-Pridemark Paramedic Services has had reasonable explanations for violations of this section to the satisfaction of the ERTCC. Examples include weather and road conditions and the staging of the EMS crew outside the immediate area of the police response on certain police calls for service. Staff Report-Pridemark Annual Review February 8, 2016 Page 3 3.3 Calls All portions of this section of the IGA were complied with throughout the year 2015. 3.4 Compliance with Law All portions of the section of the IGA were complied with throughout the year 2015 . A copy of the Jefferson County License to Operate Ambulance Service is attached. The current license expires in April, 2016. 3.5 Communications Rurai/Metro-Pridemark Paramedic Services maintained one T-1 line for communications with the Police Department Communications Center, and two backup speed dial lines having ca!Jer ID. The Wheat Ridge Fire Protection District continued its contract with West Metro Fire Protection District to provide dispatching services for fire and selected EMS calls as determined by the Fire Protection District. 3.6 Medical Supervision Throughout the year 2015, Dr. Mike Stackpool (Lutheran Medical Center) remained the physician advisor for Rural/Metro-Pridemark Paramedic Services. Dr. Stackpool will remain the physician adviser through 2016. 3.7 Rates No rate increase was requested by RuraJ!Metro-Pridemark Paramedic Services for year 2016. Rurai/Metro-Pridemark Paramedic Services agreed to limit rates incurred by the Wheat Ridge Police Department to $45.00 per forensic blood draw which is the price that has been paid throughout the duration of this lOA. Rural!Metro-Pridemark Paramedic Services also agreed to limit fees incurred by the Wheat Ridge Police Department for the transfer of in-custody persons to the standard Medicare rate wh ich is a substantial reduction to the costs the po lice department had paid in previous years. T hat rate list is outlined in the attached IGA. 4.0 Helicopter There were no helicopter responses throughout the year 2015. 5.0 Control A II portions of the section of the I GA were complied with throughout the year 20 15. 6.0 Training Rural/Metro-Pridemark Paramedic Services remains available to provide continuing education topics (such as influenza and Ebola) fo r Police and Fire Department personnel as needed. Pridemark Paramedics continued to provide regularly scheduled EMS classes for all Wheat Ridge Fire Department personnel. Topics included poisoning and narcoti c overdoses, pediatric trauma, fractures and splinting, the pediatric ALTE, GI-GU emergencies, chest trauma, geriatric emergencies, start triage and jumpstart. hemorrhagic s hock, extremity trauma, managing the pediatric arrest and OB emergencies. 7.0 Equipment There were no issues during 2016 regarding personal protective equipment, medical equipment and Staff Report -Pridemark Annual Review February 8. 2016 Page4 the operation ofRurai/Metro-Pridemark Paramedic Services' vehicles in a safe and prudent manner, and being in compliance with appropriate state statutes, and city and county ordinances relating to the operation of emergency vehicles. 8.0 Company Employees Throughout 2015, each Rurai/Metro-Pridemark Paramedic Services crew consisted of no less than a licensed paramedic and one qualified EMT. All crew members were li censed throughout this evaluation period. 8.1 There were no complaints made regarding the company employees maintaining a professional attitude and performance standard and level of conduct throughout this evaluation period. 9.0Term This IGA was executed on October 24, 20 II to become effective on January I. 2012. The lOA was for a period of one calendar year, and can be continued for successive one-year periods for an additional four years. Under these tenns, U1e current IGA will expire on December 31,2016. The agreement allows for successive one-year agreements subject to review by the Wheat Ridge City Council and the Wheat Ridge Fire Protection District annually. There have been no issues with this section ofthe IGA. 10.0 Policy The EMS Response Time Compliance Committee (ERTCC) convened quarterly on a regular and consistent basis throughout 2015. These meetings include a variety of topics and issues, to include review ofRuraVMetro-Pridemark Paramedic Services response times to emergency and non- emergency calls, and communication processes. Attendees included RuraVMetro-Pridemark Paramedic Services management and operations personnel, the Wheat Ridge Fire Protection District Fire Chief or designee, and the Wheat Ridge Police Department Support Services Division Chi ef or designee. Meeting minutes are taken by Administrative Assistant Michelle Stodden, Wheat Ridge Police Department. These meetings have proven to be valuable and insightful for all parties at the table. · 11.0 Assignment There were no circumstances requiring the use of this portion of the IGA. 12.0 Liability There was no liability issues brought forth to the ERTCC during the year 2015. 13.0 Insurance Rural/Metro-Pridemark Paramedic Services provided a copy of their certificate of liability insurance. Committee review of the certificate shows the company to be in compliance with the insurance requirements of the IGA. Recommendations: The review committee recommends the extension of the lntergovemmental Agreement for the year 2016. The Committee also recommends that the IGA be amended as noted in Section 3.1.5. regarding Staff Report -Pridemark Annual Review February 8, 20 16 Page 5 emergent ambulance response to confinned structure fires, Section 7.2 replacing the tem1 "Department of Health" with the more accurate tenn Colorado Department of Public Health and Environment", and the addition of Section 3.7.4 limiting the police department's liability for costs incurred for the transportation of in-custody persons and tbrensic blood draws. lt is to be noted that the Wheat Ridge Fire Protection District Board of Directors awarded Rural/Metro-Pridemark Paramedic Services the 2016 contract extension on *****. The Board has also approved those changes to the lOA outlined above. ~ . ~ ..... _ • City of • "?WheatRi_dge ITEM NO: 5. DATE: February 8, 2016 REQUEST FOR CITY CO UNCIL ACTION TITLE: RESOLUTION NO. 15-2016 -A RESOLUTION SUPPORTING REDEVELOPMENT OF THE FRUITDALE SCHOOL THROUGH A PUBLIC PRIVATE PARTNERSHIP PROPOSED BY HARTMAN ELY INVESTMENTS D PUBLIC HEARlNG D BIDS/MOTIONS rgj RESOLUTIONS ISSUE: D ORDINANCES FOR 1ST READlNG 0 ORDINANCES FOR 2ND READING D YES ~ NO c~ The Wheat Ridge Housing Authority (WRHA) has owned the historic Fruitdale School since April 20 I I. The Authority gave thorough consideration of various options to redevelop or reuse the property on their own, in their capacity as a housing authority. Ultimately, they detennined no option would be financially feasible or prudent. Since early 20 14, the Authority has been actjvely seeking a private developer partner. In February 20 I 5, the Authority entered an exclusive negotiation period with Hartman Ely investments, an established local development firm with extensive experience in redeveloping and repurposing historic properties. Over the course o f the past year, various redevelopment scenarios have been considered along with associated fi nancial pro fonn as. It has long been understood that this project would require creative financing strategies and likely a public-private partnership. Based on preliminary direction from City Council at the January II , 2016 meeting, city staff have continued negotiating the details of a proposed public-private finance plan. The attached resolution, along with the more detailed term sheet dated February I would commit City funds to the project in the fonn of a grant in the amount of $470,000 and a short term loan in the amount of$ I .9 mi llion. Council Action Fonn -Fruitdale School partnership agreement February 8, 2016 Page2 PRIOR ACTION: The discussions between HEl and City Council regarding a potential public-private deal structure began in October 2015. Most recently, City Council held a study session on January 11 , where prel iminary direction was provided by consensus to commit $470,000 in the form of a grant and $1.9M in a short-term Joan. The structure of the deal has not changed since that meeting; however, the details reflected in the tenn sheet have been further fleshed out. City Council also directed staff to continue to negotiate on two other items: I) that the property would pay property taxes at some point in the future; and 2) ensuring some level of public space/access. Tenn 5.k of the tenn sheet establishes that at any time the 5 affordable units cease to be designated affordable units that property taxes would then be assessed. Tenn 3.d of the tenn sheet establishes public access commitments. FINANCIAL IMPACT: As noted above, the City would be committing $1 .9M in a short-term loan and $470,000 in a grant that would not be repaid. It is important to note that the project pro f01ma also includes significant funds from the WRHA, Jefferson County (HUD HOME funding) and various other sources. The City's contribution would be funded from the City's unrestricted and restricted reserves. The City Council has not previously reviewed the Tenn Sheet. These tenns would become embedded in a Development Agreement that would finalize the City's commitment of funds to the proj ect. This Agreement is tentatively scheduled for consideration by City Council on February 22. In our most recent negotiations with the developer on the Tenn Sheet, staff has negotiated the fo llowing points: • Interest will be paid on the City's bridge loan of $1.9M at the rate of 1.5% commensurate with current interest rates on City investments • Developer's cash on cash return has been capped at 22%. with any amounts exceeding that rate being returned to the WRHNCity to repay outstanding loan balances • In the event of a future property sale or refinance of the property, the WRHA and the Developer would share proceeds from that sale through a waterfall structure, in the following order: I. WRHA would be due any outstanding balance on its initial $400,000 loan 2. Developer would be allotted up to $200,000 toward physical improvement to the property that may be needed at that time 3. Developer would be due $200,000 in a deferred development fee which is being excluded from the initial project costs 4. WRHA would be paid 5% annual simple interest as a return on its patient capital investment Council Action Form -Fruitdale School partnership agreement February 8, 2016 Page3 5. Any remaining net proceeds wou.ld be spli t equall y between the Developer and WRHA, with WRHA receiving amounts to repay their initi al $170,000 grant to the project and any other costs the WRHA has incun·ed on this project, currently estimated at approximately $300,000 BACKGROUND: The January II study session memo is provided for additional background information on the pro fonna, project history, etc. HEI's January 31 Redevelopment Summary is also provided for reference. HEf remains very committed to the project and staffhas negotiated what we beli eve is the best possible deal in tem1s ofminimjzation of risk, timing ofrepay:ments, payment of interest and lastly, an additional public financial upside in the event the project is more successful than projected in cwTent estimates. RECOMMENDATIONS: As articulated in HEI's Fruitdale Lofts Redevelopment Summary and staffs previous memos, staff beli eves there is broad and diverse public benefits to be gained by entering into this public-private redevelopment partnership. However, we acknowledge that doing so requires signjf1cant public participation in the form of grants and loans and some degree of risk that said loans will not be repaid. That said, staff will continue to negotiate deal tenns that significantly minimize risk. A summary of some of those tem1s is included on page 8 of the January 6 memo. Staff recommends approval of the Resolution in support of this public-private partnership. RECOMMENDED MOTION: "1 move to approve Resolution No. 15-2016, a resolution supporting redevelopment of the Fruitdale School through a public-private partnershjp proposed by Hartman Ely Investments. Or, "I move to table indefinitely Resolution No. 15-2016, a resolution supporting redevelopment of the Fruitdale School tl1 rough a public-private partnership proposed by Hartman Ely Investments for the following reason(s) " REPORT PREPARED/REVIEWED BY: Kenneth Jolmstone, AICP, Commuruty Development Director Patrick Goff, City Manager ATTACHMENTS: I. Resolution No. 15-2016 Exhibit A -Term Sheet 2. January 6, 20 16 memo (for January II study session) 3. Fruitdale Lofts Redevelopment Summary TITLE: CITY OF WHEAT RIDGE , COLORADO RESOLUTION NO. j_g_ Series of 2016 A RESOLUTION SUPPORTING REDEVELOPMENT OF THE FRUITDALE SCHOOL THROUGH A PUBLIC-PRIVATE PARTNERSHIP PROPOSED BY HARTMAN ELY INVESTMENTS WHEREAS , the City of Wheat Ridge is a home rule municipality operating under a charter approved by the electorate under Article XX of the Colorado Constitution; and WHEREAS, the City has facilitated the creation of the Wheat Ridge Housing Authority, a public housing authority organized and operating under CRS 29-4-201 et seq; and WHEREAS, the Housing Authority has acquired title to certain real property and associated buildings known as the Fruitdale School building; and WHEREAS, the Fruitdale School was constructed in 1927 and is one of the last remaining school buildings designed by noted Colorado architect Temple Buell; and WHEREAS, the Housing Authority has entered into a Purchase and Sale Agreement with Fruitdale School Partners, LLC (FSP) and affiliated entity of Hartman Ely Investments ("HEI") whereby FSP would acquire the Fruitdale School property and redevelop the same for approximately five affordable and eleven market rate rental apartment units (the "Project"); and WHEREAS, HEI over the past 12 months has committed approximately $150,000 in resources developing initial plans for the Project; and WHEREAS, in order to finance the redevelopment costs for the Project as contemplated by HE I, public funds in the form of grants and loans will be required; and WHEREAS , the Housing Authority and HEI in cooperation with City staff. have obtained preliminary commitments and expressions of interest from the following organizations to contribute to the cost of the Project: • Jefferson County Community Development (HOME funds): $640,000 • Historic preservation tax credits: $1,932,080 • Solar power tax credits: $97,415 • Enterprise Zone tax credits: $9,999 • WRHA grant: $170,000 • WRHA loan: $400,000 WHEREAS, HEI has requested that the City Council formally express its support for a City contribution of funds to the Project in the form of a $1 ,925,000 bridge loan Attachment 1 proposed to be repaid in years 2 and 3 of the project with receipt of HOME funds and tax credit sale proceeds; and WHEREAS, HEI has requested that the City Council formally express its support for a City contribution of funds to the Project in the form of a non-reimbursable grant of $470,000; and WHEREAS, in order for HEI, the City, and the Housing Authority to move forward with negotiation of a detailed development agreement, it is necessary that the City express its support for the contribution of City funds as a part of the entire cost of the Project; and WHEREAS, the preliminary cost and financing terms for the Project are set forth on the attached Exhibit A; and WHEREAS, the City Council finds that redevelopment of the Fruitdale School property as described would be in the best interest of the City; and WHEREAS, the City Council wishes to express its support for the Project, understanding that conditions required by the City as a precondition to release of City funds must be satisfactorily performed. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council: Section 1. The City Council hereby expresses its support for the proposed Project to redevelop the Fruitdale School under the general terms described on the attached Exhibit A, and to include a bridge loan commitment by the City in an amount of approximately $1 ,925,000. Section 2. The City Council hereby expresses its support for the proposed Project to redevelop the Fruitdale School under the general terms described on the attach Exhibit A, and to include a grant commitment by the City in an amount of approximately $470,000. Section 3. The City Council's support for the Project as expressed in this Resolution is conditioned upon the execution of a Development Agreement with HEI and the Wheat Ridge Housing Authority, acceptable to the Council, to include appropriate assurances and mechanisms to minimize the City's risk, appropriate public access to the property consistent with its final developed use, and a mechanism for eventual ad valorem property taxation of all or a portion of the Project. Section 4. This Resolution shall take effect upon adoption by the Council and signature by the Mayor. DONE AND RESOLVED this __ day of _____ , 2016. 2 Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk 3 EXHIBIT A Term Sheet 4 February 1, 2016 TERM SHEET FOR A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE ("CITY"), THE WHEAT RIDGE HOUSING AUTHORITY ("WRHA"), AND FRUITDALE SCHOOL PARTNERS, LLC ("DEVELOPER") 1. Site and Improvements The site at 10803 West 441h Avenue, Wheat Ridge, Colorado 80033 (the "Property"} consists of approximately 1.5 acres, as depicted on the attached Site Plan. It includes the historic Fruitdale School, which is to be renovated into approximately sixteen (16) residential rental units. some of which will be affordable. 2. Development Program The "Development" will include the following key components: a. Residential -Of the total residential units to be constructed, approximately five will be restricted as affordable units, assuming that the anticipated $640,000 HOME funds subsidy is received by the Developer from the Jefferson County Community Development agency ("Jeffco"") in 2016 and 2017 as shown by the project pro forma. Rents will not exceed the rents recommended by Jeffco as part of the HOME program, as adjusted annually by HUD for the Denver MSA. Refer to the pending Agreement between Jeffco and Developer for details on the affordable units. b. Site Work -Parking, landscaping, hardscape and solar panels will be provided, generally as shown by the Site Plan . 3. Project Benefits The intent of the renovation of the Fruitdale School includes: a. Restoring an important National Register historic landmark within the city b. Setting the potential for catalytic spin-off development in this part of the city, as the first loft-style residential development in Wheat Ridge. This may include a local foods business at the north side of the Property, as part of a future phase development c. Increasing the supply of affordable housing in the community d. Providing space for exterior public events. Periodic public access to the Development's interior areas will also be provided, as a community education benefit e. Implementing a mutually beneficial redevelopment partnership with Jefferson County f. Providing shared parking facilities for the adjacent Norma Anderson Preschool g. Providing potential additional future site improvements to benefit the Preschool as shown by the Site Plan (shared access road and fire hydrant) h. Providing community education regarding sustainable development practices. including existing building re-use. solar power. energy efficiency, edible landscaping and other appropriate development strategies i. Providing mutually agreeable produce at no cost to the City from the Development's fruit orchard and edible landscaping, as a part of the City's history and national leadership role with local food production 4. Schedule of Performance Developer, City, and WRHA will fulfill their obligations with respect to the construction of the Development, as follows: February 1, 2016 a. Developer will secure financing commitments from tax credit equity investors and other sources, based on a preliminary commitment from the City per this term sheet by the time Developer purchases the Property from WRHA, currently scheduled for late summer 2016. b. Developer will purchase the Property from WRHA at the conclusion of all necessary entitlements and due diligence investigations, currently scheduled for late summer 2016. c. The WRHA will provide land swap efforts with the Jefferson County School District to create a Plat for one larger parcel of approximately 1.5 acres ("Combined Parcel") that combines the current WRHA property with Land Swap Area #1 as shown by the Site Plan, with one Combined Parcel fee simple title for Developer to purchase. Developer understands that Land Swap Area #2 may need to have an easement(s) to yield the net size of that parcel shown by the Site Plan. The land swap exchange agreement shall be executed by the WRHA and School District at no cost to Developer and as soon as possible but no later than March 1, 2016. The city acknowledges this land exchange and recognizes it as exempt from the local subdivision regulations, pursuant to Code Section 26- 402.C. The Plat would ideally also include a site survey with existing buildings located, the potential future pre-school addition shown, and, grading information. Developer is willing to contribute to the additional cost of putting grading information on the Plat, since that information is in addition to the effort required to accomplish the land swap. d. The City/WRHA will remove the current deed restriction/reverter clause by March 1, 2016 e. The City agrees to initiate an application to rezone the Property to MU-N, with a goal to conduct a public hearing on a rezoning ordinance in front of City Council by June 1,2016 f. The Developer will complete site and building plans and submit all needed documents for building permit approval in a timely way, currently scheduled for mid- summer, 2016. g. The City will issue a full building permit in a timely way prior to Developer's purchase of the Property. currently scheduled for late summer, 2016. Also, the City and Developer will investigate the alternative of issuing a partial scope building permit and/or interior demolition permit at an earlier date, to allow an earlier Property purchase and start of construction/completion of the solar power system. h. The Developer will complete the solar power system as required by the utility company, Xcel Energy, currently scheduled for October 1, 2016. The exact timing of this system's completion will be coordinated with the Property purchase. i. The Developer will complete building renovation and construct the residential units in a timely way, currently scheduled for late spring 2017. 2 February 1, 2016 5. Compensation to Developer. the Citv. and the WRHA An overview of the financial transactions between entities includes: a. The WRHA will transfer the Property to the Developer for a sales price of ten dollars b. The City will provide $470,000 in the form of a grant to the Developer c. The WRHA will provide $170,000 in the form of a grant to the Developer d. The City will provide patient capital in the form of a loan to the Developer of a total of approximately $1 ,925,000. The Developer will re-pay this loan after receipt of net amounts of tax equity payments anticipated at $1 ,725,000 (Federal and State of Colorado historic tax credits and Federal solar tax credit), currently scheduled to occur no later than December 31 , 2018, and the receipt of the net amount of HOME funds received (currently anticipated at $200,000 and currently scheduled for 2017). Interest-only payments on the loan principal of approximately $1,925,000 will be paid annually beginning at Substantial Completion of the Development (as defined below). The rate for such payments will be 1.5% simple interest, non-compounding. The City understands that Developer's construction and financing cost estimates are preliminary and may change due to the availability of additional/more detailed information prior to Developer's purchase of the Property. The City also understands that the majority of its patient capital will be re-paid from the proceeds of historic investment tax credits ("HITCs") and that the Development may have to be re- designed to receive regulatory agency approval, as a precedent to the Development being able to receive tax credit benefits. Such additional information and a potential re-design may change the economic performance of the Development such that additional patient capital would be required. The City agrees to provide up to $190,000 of such additional patient capital, as long as the repayment timeline of their payment is similar to the current proposal. e. The WRHA will provide patient capital in the form of a loan to the Developer of $400,000. The Developer will pay down this loan with the receipt of HOME funds received (currently anticipated at $20,000 and currently scheduled for 2017}. The balance of the loan would be paid from a future refinance or sale of the Property, no later than December 31, 2031 . Interest-only payments on the remaining loan principal of approximately $380,000 will be paid annually beginning on December 31, 2023.The rate for such payments will be 5% simple interest. non-compounding. f. The City and WRHA patient capital/loan amounts noted above are approximate, except as with respect to WRHA as noted previously, and will be confirmed by the Developer's final pre-closing pro forma ("Pre-closing Pro forma"), within 30 days prior to purchase of the Property. The grants and loans noted above will be paid to the Developer as follows: 2.1.1 Initial payments totaling 20% of the Total Grant and Total Loan on the Closing date when the Developer purchases the Property from WRHA. 3 February 1, 201 6 2.1.2 Six (6) progress payments with each payment totaling an additional 10% of the Total Grant and Total Loan each month as the Developer implements the Development, concurrent with Developer's monthly payments to its Contractor. 2.1 .3 A final payment totaling 20% of the Total Grant and Total Loan when Developer achieves Substantial Completion for the Development. Substantial Completion is defined as the date that the Wheat Ridge Building Department issues a Certificate of Occupancy for the Development work to the Developer. 2.1.4 Developer will provide a written invoice to both the City and WRHA for each of their payments. The City and WRHA will make payment to the Developer within 30 days of each invoice date. Any late payments will accrue simple interest of 10% per annum. g. The Developer anticipates securing a redevelopment loan of not less than $1 ,650,000. h. The Developer will invest project equity as required by its Lender(s). The developer shall provide equity of not less than $300,000, unless otherwise mutually agreed to during both parties review of the final project pro forma. i. The Developer has deferred $200,000 of its development fee as noted in Section 7 below. j. The City shall waive building permit fees, inspection fees, use tax, and parkland land dedication fee in lieu on this Development k. The City will become a passive member of the development entity (i.e., approximately 1 %, as required by the Jefferson County Assessor's office) to remove all property tax obligations while the Property has deed-restricted low-income residential units ("Affordable Units"). The Developer anticipates that the term of the Affordable Units will be 20 years after Substantial Completion. Property tax assessments at the then-prevailing rate would begin at any time that the Property ceases to have Affordable Units. As a passive member, the City/WRHA would have: 6. Contingencies i.1 No liability for Developer's operations on the Property. i.2 Limited participation in cost, profit or loss from redevelopment and operation of the Property, as stated in the Development Agreement. i.3 No voting rights within the Developer entity. a. In the event the Developer is able to secure a larger loan, greater proceeds from other partners (such as historic tax equity investor proceeds). or additional grant revenue: 4 February 1, 2016 i. If a larger loan and/or greater proceeds are received from HOME funds or tax equity partners, the resulting Developer equity and/or the City/WRHA patient capital requirement shall be reduced in a mutually agreeable way. OR ii. If additional grant revenue is received, the City and the Developer shall divide the additional revenue, with 75 percent of the net additional grant revenue received accruing to the City, likely in the form of Developer payments to the City and WRHA to reduce their $470,000 and $170,000 grants on a pro-rata basis, and 25 percent accruing to the Developer. For clarity, any HOME funds and Federal/State historic/solar tax credits would be excluded from this net revenue sharing provision (the City and/or WRHA will receive 1 00% of the net revenue from additional HOME funds above $640,000, as well as 100% of any net revenue from Federal/State historic/solar tax credits above $1 ,725,000 toward repayment of their respective loan funds). Net revenue for this potential additional grant revenue is defined as gross revenue minus Developer's reasonable expenses to secure that gross revenue. Those expenses could include but are not necessarily limited to professional services, consulting fees, travel expenses, copies, etc. The City/WRHA portion of any potential additional grant revenue would not be distributable until after the Developer's Equity Members achieve at least their projected cash-on-cash return shown by the final, mutually-agreeable version of the pro forma when the Developer purchases the Property. The City/WRHA portion of any potential additional grant revenue would be capped at a maximum of $640,000. The Developer, City and WRHA agree to diligently work together to apply for and maximize the potential additional grant revenue from timely grant applications to at least the State Historic Fund by April 1, 2016 and the Temple Buell Foundation at a mutually agreeable time. b. In the event the Developer is not able to secure the anticipated grants and investors, such as the HOME funds, the Developer will provide an alternative loan repayment schedule prior to purchasing the Property, with interest, for the City to review and approve at its discretion. However, Developer does not guarantee repayment of City and WRHA loans, as noted below. c. The City and the WRHA are committed to the project, based on the terms outlined in this document. As the Developer is able to provide more definitive terms based on the specific commitments from Investors and financial partners, the City and WRHA will be provided the opportunity to review the new terms. If additional funds are requested from the City or WRHA separate from as stated herein, or if the overall Development terms are substantially modified, the City and WRHA will have an opportunity to revisit their financial commitment and participation. However, if the Development scope/terms are not substantially modified from those stated herein, the City and WRHA will provide the grant and loan amounts stated herein. 5 February 1, 2016 d. In the event the project does not perform financially, the City and the WRHA will not have financial exposure beyond that stated herein. The City and the WRHA are not guaranteed Developer's repayment of the loan amounts noted herein. Any potential recourse on the part of investors or financial partners is limited to the Property. e. The developer has stated a need for a cash on cash return for this Development of 20%. However, based on a variety of factors and assumptions. including but not limited to construction cost assumptions, contingency budgets. rent estimates. operating expenses, etc., the Development may perform better or worse than the estimated return. The City/WRHA shall have full access to all information pertaining to project costs, rents, operating expenses, etc. In the event those factors result in an actual project pro forma that demonstrates a cash on cash return above 22% in any year said excess revenues shall be paid the to the City/WRHA to be applied toward any outstanding loan balances. 7. Long-Term Disposition--The value of the property is expected to appreciate over time. The current investment horizon has been evaluated at a 15-year period. At the culmination of this period, the outstanding debt on the asset is expected to be approximately $1 ,145,000 with a net value of approximately $2,130,000. a. The WRHA will be paid in full for any outstanding loan amounts in conjunction with any refinance or sale of the Property as noted herein and any incremental appreciation or net proceeds available from such refinance or sale (the "Net Proceeds") will benefit both the WRHA and the Developer and shall be paid in a waterfall fashion as Proceeds are available and as noted below, in consideration of their joint efforts to redevelop the Property. Any reasonable closing costs, fees or expenses for the Developer to secure the refinance or sale would be deducted from the gross proceeds to produce the Net Proceeds. The term refinance does not include a loan renewal or new loan that the Developer may acquire to replace its initial financing at any time, where such renewal or new loan results in less than $100,000 of net proceeds. i. The first amount of Net Proceeds shall be paid to the WRHA, to re-pay the outstanding balance of its patient capital (currently estimated to be approximately $380,000). ii. The second amount of Net Proceeds up to a maximum of $200,000 shall be retained by the Developer for any property Improvements that it deems necessary at that point. iii. The third amount of Net Proceeds in an amount of $200,000 shall be retained by the Developer as its deferred development fee, iv. The fourth amount of Net Proceeds shall be paid to the WRHA as a return for its patient capital investment, at a rate of 5% simple interest per year, beginning on the date of Substantial Completion. As an example, if the WRHA patient capital amount at Substantial Completion is $380,000 and the refinance or sale happened exactly 5 years after Substantial Completion, the amount of this Proceeds payment would be $95,000 ($380,000 x 0.5 x 5) v. The fifth amount of Net Proceeds shall be split 50% to the WRHA and 50% to the Developer toward repayment of the WRHA's $170,000 project grant and 6 February 1, 2016 other costs previously incurred by the WRHA on this project, currently estimated at approximately $300,000. 8. Long-term Maintenance. Improvements. and property recapitalization-The Developer will establish a reserve fund to cover costs related to long term maintenance and substantial capital improvements. 9. Remediation Developer will be responsible for all remediation on the site after purchase of the Property and will remediate hazardous materials that may be discovered during development. 10. Insurance Developer shall maintain, at its cost and expense, reasonable property protection and liability insurance. 11. Indemnity The Development Agreement will provide, among other things, that_Developer shall indemnify, defend and hold the City and the WRHA harmless from and against any and all claims resulting or arising from or in any way connected with the following: a. The existence, release, presence or disposal of any Hazardous Materials introduced to the Property after Developer purchases the Property from WRHA; b. The development, marketing, sale or use of the Development by Developer; c. Any other acts or omissions of Developer or its contractors, subcontractors, employees, agents or representatives; d. Any plans or designs for improvements prepared by or on behalf of Developer, regardless of whether such plans or designs have been approved by City; and e. The Development Agreement will provide that the Developer shall have no obligation to indemnify the City and/or WRHA to the extent claims result from the negligence or willful misconduct of City or WRHA parties. f. Neither the WRHA nor the City waives the protections of the Colorado Governmental Immunity Act or the common law. 12. Third Party Legal Challenges The City, WRHA, and Developer will cooperate in the defense of any third party challenge of the Development Agreement. the Development, or any project entitlements or related documents. If Developer elects. in its sole discretion, to contest or defend a challenge, the Developer shall take the lead role and hold the City and WRHA harmless from any damages awarded. Any proposed settlement will be subject to the City, WRHA, and Developer's approval, each in its reasonable discretion. In addition, the City and WRHA shall have the right, but not the obligation, to contest or defend any challenge. at its sole expense, in the event that Developer elects not to do so. 13. Assignment a. Developer will not be permitted to assign or transfer its interests in the Property, except as explicitly provided in the Purchase and Sale Agreement (PSA) between the Developer and WRHA. If there are any conflicts between this Term Sheet/the ultimate Development Agreement and the PSA. the PSA will govern. 14. Remedies 7 February 1, 2016 a. Developer's sole and exclusive remedy is to commence an action for specific performance, in addition to its rights in the PSA. b. In addition to other remedies described below, the City and WRHA will have the right to institute any action at law or in equity to cure or remedy any default or to recover actual damages. c. Each party will bear its own attorney fees in any action. d. Neither party shall be entitled to claim or receive as a remedy consequential, punitive or economic damages, including lost profits. 15. Force Majeure --Performance will not be deemed a default in the event of war, strikes, natural disasters, litigation, reasonably unforeseen site conditions, and failure of governmental entities to act. The party claiming a force majeure delay must provide notice within 30 days of actual acknowledge of the event causing delay. The period of the force majeure delay shall commence to run from the date of such notice. 16. Term Sheet Nonbinding -This Term Sheet sets forth the intent of the Citv. WRHA and Developer regarding certain aspects of the Development but shall serve as a nonbinding statement of the parties' intent until a mutually acceptable binding Development Agreement is executed between the parties. 8 .. ~ " .. ~ City of • ~Wheat&__dge JVc"o MMUNllY D EVELOPMENT TO: FROM: THROUGH: DATE: SUBJECT: ISSUE: Memorandum Mayor and City Council Kenneth Johnstone, Community Development Director Patrick Goff, City Manager January 6, 2016 (for January J 1 Study Session) Fruitdale School Redevelopment -Public Private Partnership funding request The Wheat Ridge Housing Authority (HA) acquired the hi storic Fruitdale School at 10803 W. 441h Avenue in early 2011. The school was built in the 1920s and is one ofthe last remaining school buildings designed by noted Colorado architect and developer Temple Buell. The HA has gone through several marketing and design studies to determine the feasi bility of redeveloping the building/property on their own for affordable or market rate housing. Based on construction cost estimates and projected sales prices or rents fo r the units, no housing options were ever determined to be financially feasible for the HA to act as the developer on their own. In 2014, the HA released a Request for Interest (RFI) soliciting developer interest in acquiring and redeveloping the property. The RFI was written in such a way that any and all potential reuses could be considered. The HA received 2 qualified responses and proceeded to initially award the project to an offshoot of the Mountain Phoenix Charter School. That group was proposing to reuse the building as a new charter high school. Those negotiations ultimately were unsuccessful and in early 2015, the HA authori zed negotiations with Hartman Ely investments (HEI), who had also submitted a proposal in response to the 2014 RFl. Also, HEI is a uniquely qualified local developer/operator of historic properties with a strong track record of similar projects, as well as in-house design skills. Tltis has allowed them to go through muJtiple iterations of potential development programs and associated pro fonnas without incurring direct hard costs for tbat extensive work. Significant effoti has been invested b y HE! and staff over the past 10+ months to develop a market feasible redevelopment scenario. It has been generall y understood that no redevelopment/reuse ofthe property would be feasible without some form of public participation. An HEJ affiliated entity, Fruitdale School Partners LLC (FSP) is now under contract to purchase the property, with a Pu rchase and Sale Agreement (PSA) having Attachment 2 been executed in early November, 2015. In order for the project to move forward toward the execution of a master developer agreement. the next crucial step is to begin to "firn1 up" the various sources of public and private financing that the project requires. The development program for the building/property, along with the accompanying financial pro fom1a have been sufficiently developed to now be able to have a good sense of the magnitude of the local public subsidy that is needed for the project to move forward. The purpose of this study session is to outline the proposed development program to preserve and restore the Fruitdale School and to consider the developer's proposed/requested local subsidy to the project in the fonn of both a grant and a loan. PRIOR ACTIONS: The City Council was briefed on the HEI proposal and the need for some level of public participation at the October 5, 2015 study session. The HA was further briefed on November 24, 2015 and passed a motion authorizing their Chair to negotiate a development agreement with Fruitdale School Partners to include a $I 70,000 grant to the project along with a $400,000 loan. At the time of these two most recent meetings, the proposed reuse of the building included an artisanal meat processing operation in the 1950s portion of the building; up to 13 apartments in the Temple Buell 1920s building as well as a Charcuterie classroom I community room. In the intervening time. for various reasons, the development program for the site/building has changed somewhat. The new proposal is I 00% housing, a mix of approximately 5 affordable units and II market rate units. The units are a mix of2 and 3 bedrooms. The 3 bedroom units in particular would meet a need that has very limited supply in the Wheat Ridge market. particularly as it pertains to affordable housing. BACKGROUND: Following is a brief update on the tasks that the WRHA directed staff to achieve. • Negotiate a Purchase and Sale Agreement with HSA. T he PSA has been executed and was reco rded at the Jefferson County Clerk's office on November 6. • Negotiate and execute a land swap with the Jefferson County School District. School District staff have received their board's approval to execute such a land swap and tem1s of the swap have been negotiated at a staff level. The City's Attorney has drafted a land swap agreement, which is under staff review. • Authorize staff to initiate quiet title action to eliminate reverter clause on the property and clean up title. Quiet title action bas been initiated by the City Attorney's office with the District Court. • Authorize staff to initiate all necessary land use entitlements and engage professional services in the amount not to exceed $15.000. o Subdivision Plat. A title commitment has been received for both the Fruitdale property and the adjacent school property. A surveyor has been hired and is nearing completion of an improvement survey plat, required to injtiate a 2 subdivision plat application. A subdivision plat should be ready for submittal within 30 days o Rezoning. HE.T has requested the rezoning process be deferred until such time as a development agreement is executed, which is anticipated in early February. • Authorize staff to hire Economic and Planning Systems as a third-partv reviewer of the development pro fonna and deal points between HEJ, the WRHA and the City. We have been actively engaged in meetings with all development partners, including HET's financial representative. More discussion of that topic occurs later in this memo. Updated Development Proposal The basic aspects of the re-development proposal are as follows: • Sixteen (16) units of2 and 3-bedroom, affordable and market rate rental housing • Fruit orchard, Temple-Buell memorial garden, parking and potential public event space in the front of the building • In phase I, the rear of the site, as well as the roof will be used for an on-site solar power system • A phase II potentially involving food production at the rear of the property Page 5 of the Redevelopment Summat)' (attached) also provides a good list of major changes in the development program and pro fonna since October 5, 2015. Updated Project Pro Forma At the time of the September WRHA meeting and the October 5 City Council study session, we had sufficient inf01mation on project financing to understand that the project had a funding "gap" that would need to be filled from a variety of sources, including City and WRHA funds federal and state tax credits, potential federal Department of Housing and Urban Development (HUD) HOME funds, state historical fund grants, etc. The sale of various tax credits is estimated to generate approximately $1.7M toward project costs. HOME funds have been preliminarily committed by Jefferson County in the amount of$640,000 to cover additional redevelopment costs. Developer equity is anticipated to represent approximately $300,000. A bank loan is estimate to cover between $1.5M and $2.0M in projects costs. However, there remains a gap in covering total redevelopment project costs, which are estimated at $5.35M. It has been the understanding that the minimum amount of local subsidy that would be needed to keep the project moving forward was $640,000 in grant funding. At the October 5 study session, City Council discussed the potential to fiJI a portion of the project funding gap with a grant in the amount of $4 70,000 as well as potentially being a minority owner of the property i11 order to defer property taxes At their November 24 meeting, the WRHA committed to a grant of $170,000 and a loan of $400,000. At that time, the total estimated "bridge loan" being requested by HEI was $3.3M; so the HA loan was only meeting a portion ofthat gap. A January 12,2016 meeting of the WRHA has been scheduled to present the new development scheme and to reconfirm WRHAs commitment to the grant and loan amounts. The current request from the City is for a $1.925M bridge loan, proposed to be repaid in years 2 and 3 of the project through HOME funds and tax credit proceeds. The requested loan from the WRHA remains the same-$400,000. The total estimated '•bridge loan" is now approximately 3 $2.325M (approximately S I M less than estimated in late November). Ll is stil l being determined the details of when and how the WRHA loan would get repaid ; however, the pro forma does assume full repayment of both loans. Since the October 5 CC meeting, a significant amount of work has been completed by HE! and by staff to better understand the financial feasibility of repurposing the Fruitdale School building. Most ofthjs work has involved review of the development pro forma, project cost estimates, preliminary market feasibi lity analyses and other deal points that will eventually be included in a development agreement among Fruitdale School Partners (FSP), the City and the WRHA. The review process has included Patrick Goff, Ken Johnstone, Lauren Mikulak and Steve Art from the City, along with our third party representative, Economic and Pl anning Systems. From the developer side, these negotiations have included H El, their financial consultant, Grant Bermett with Proximity Green consulting and thei r property manager, Chris Maley of Pinnacle ReaJ Estate Management (PREM). Additional Background Following is a summary of the property's history as a school and while under the ownership of the Wheat Ridge Housing Authority. This background information was also included in the October 5 study session memo, so is provided primarily for the benefit of the new City Council members. The Fruitdale School bui lding is located at 10803 W. 44111 Avenue and is currently owned by the Wheat Ridge Housing Authority (WHRA). The properly was deeded to the Jefferson County School District in 1883 and the first school was built on the site in 1884. This original building was destroyed by fire in the 1920s, after which noted Denver architect and developer Temple Buell designed the existing red brick school building in 1927. Additions on both sides of the building were constructed in the 1950s and the facility served as a public school until 2007. Listed below is a timeline of events that have occurred since 2007 including the purchase of the school by WRHA and the many attempts to identify a viable end use. • Fall 2007 -Fruitdale is decommissioned as a school. in 2007 when the new Norma Anderson Pre chool opens on the adjacent property. The east addi tion of fruitdale is demolished to accommodate the preschool. Utilities to Fruitdale are disconnected and transferred to the new preschool, and the hi storic building becomes vacant. • Spring 2008 -Jeffco Schools issues an RFP to solicit proposals fo r the possible sale of the building. WRHA decides to submit a proposal for renovation of the school into residential units. • April 2008 -WRH A retains Entasis Group to complete a cost estimate for a possible residential reuse of Fruitdale. WRHA pays Entasis $22,000 to develop conceptual pl ans and work specifications. Entasis completes a proposal to renovate the building into residential lofts: the cost for renovation is estimated at nearly $1.7 million for an average cost of $188,000 per unit for nine units. • Fall 2008 -After exploring financing options, WRHA decides a residential reuse of Fruitdale is not feasible because of the financing requirements associated with 4 multifamily development. The WRHA notifies Jeffco Schools that the project is no longer considered feasible and the proposal is withdrawn. • Summer 2010 -The Fruitdale building has remained vacant for three years, and Jeffco Schools contacts Wheat Ridge to see if the City or Housing Authority would like to reconsider purchasing the property before demolition plans are finalized. • July 2010 -WRH A decides to commission a more detailed market analysis to assess the viability of converting the Fruitdale School into residential units. • October 20 I 0 -A market analysis is completed by The Genesis Group for a fee of $4,000. The analysis considers for-sale and for-lease residential UJlits. The resuJts of the analysis again indicate that a residential reuse is not financially viable, particularly given the economic and multifamily housing market conditions at that time. The Housing Authority decides again not to pursue acquisition of Fruitdale. • November 2010 -WRHA sends a Jetter to Jeffco Schools indicating they are not interested in purchasing the building. • February 2011 -The school district prepares the building for demolition. The Mayor, with support from Colorado Preservation Inc. (CPI) staff, approaches Jeffco Schools about the possibil ity of WRHA purchasing the building to save it from demolition. • April 20 II -After several months of negotiation, the Housing Authority ultimately purchases Fruitdale School for $112,000-the same price which Jeffco Schools had already paid for environmental remediation in preparation for demolition. A portion of the new preschool's playground remains on the land deeded to WRHA. • Fall 2011 -The interior of the school has deteriorated because of a lack of climate control and a leaking roof during the four years of sitting vacant. WRHA decides to install a new roof, and the building is weatherized for a cost of $1 I 0,000. • Spring 2012 -Based on an application submitted by CPI, a $15,000 non-matching grant is received from the State Historic Fund (SHF) fo r completion of a Historic Structure Assessment (HSA). SlaterpauJJ Architects is hired to prepare the HSA. • December 2012 -The HSA is completed and identifies $2.2 mill ion in deficiencies; these would need to be addressed simply to make the building habitable, without any major interior changes to the building configuration or tenant finish work. • Spring 2013 -WRHA applies for and receives a second SHF grant in the amount of $43,000. This includes a required 25% match of $11 ,000 from WRHA, and allows for the preparation of construction documents as identified in the HSA. • March 2013 -After applying for historical landmark designation, Fruitdale School is approved to be included on the National Register of Historic Places and the Colorado Slate Register of Historic Properties. • December 2013 -WRHA retains Butler Burgher Group to complete a valuation and market analysis that explores possible reuse options (condos. apartments, office, retail, industrial, etc.) and quantifies the feasibi lity of each. The market study assumes that deferred maintenance ($2.2 million) has already been addressed and considers the 5 renovation costs and stabilized valu es for each type ofland use. The market study concludes that no specific land use is considered a "highest and best use," and any potential reuse would li kely have a funding gap of$l.S to $1.7S million dollars. lf redevelopment is desired, the study recommends a partnership wi th the City. Alternatively, it recommends demolition as the most objective, financially feasible option, although this too would be at a loss given the land value is less than the combined costs of demolition and the Authority's investment to date. • March 2014 -WRHA pubJjshes a Request for Interest (RFJ) to solicit reuse proposals from the development community. • July 2014 -Three proposals are received in response to the RFl, and the Ho using Authority selects a proposaJ from Mountai n Phoenix Charter School for an expansion of their charter school into Fruitdale. A purchase and saJe agreement is executed in October. • January 2015 -After several months of due diligence, the charter school terminates the purchase and sale agreement. • February 2015 -The Housing Authority offers another RFI respondent, Hartman Ely Investments (HEI), an opportunity to present their redevelopment proposal. • April 2015 -HEl presents a preliminary reuse proposal to WRHA and is granted an exclusive four-month peri od to conduct due diligence. • September 22, 20 IS -HEI presents an updated $6 million redevelopment proposal to WRHA. The Authority approves a motion directing staff to negotiate a purchase and sale agreement wi th H El. • October 5, 2015 -H El presents the development proposal to City Council at a study session and discussed the need for a $470,000 grant from tJ1e City. • November 6, 2015 -Recording ofPSA between WRHA and FSP. • November 24, 20 15 -WRHA passes a motion authorizing thei r financial participation in the amount of a $170,000 grant and a $400,000 loan. FINANCIAL IMPACT: Updated Project Pro Forma (refer to p. I 0 of the Redevelopment Summary for a pro forma summary) Over the past 3 months, the project pro forma has been substantially expanded in detail and most importantly has been projected out in time over a period of IS years, as is typical in anal yzing a real estate investment project. Project costs have also been further developed with the use of an architect and general contractor. Apartment rents and property operating expenses have been researched and provided by HEr s property manager (PREM). Further work bas also occurred in regards to securing additionaJ sources of gap funding sources. • Jefferson County Community Development has provided a preliminary commitment letter for $640,000 in HOME funds over the course of20 15, 2016 and 2017. The 20 IS HOME commitment has increased from $200,000 to $420,000, primarily due to this project's ability to implement quickly. 6 • Preliminary commitment letters have been provided to sell the Histori c Preservation and Solar Power tax credits to investors. • A solar power subsidy has been awarded by Xcel Energy (in addition to the solar tax credits). • Talks are ongoing with banks that would provide a bank loan for a portion of project costs. • Additional grants will be pursued, but wi ll be undetermined until after a development agreement is proposed to be executed. However, the first of those is a detailed application to the State Hi storical Fund, which is due on April I, 2016 and will take substantial time to prepare after the development agreement is executed. Additional HOME funds on top of the $640,000 already committed are also possible after the development agreement is executed. The long term "gap'' in the project pro forma continues to be $640,000. Additionall y, based on the timing of various aspects of the project pro forma, there is a significant short term need fo r a bridge loan, which is being asked to be filled by the City and WRHA. The total bridge loan need is approximately $2,300,000 ($1 ,925,000 of which is requested from the City and would need to be taken from the City's restricted reserves). The developer and project team have proposed th at bridge loan could be funded with $400,000 in WRHA reserves and $1,925,000 from the City. All of these amounts would be paid back to the City and WRHA over time, leaving the out of pocket public contribution to the project at $640,000, as follows: • City's loan will be paid back initially in 2017 and 2018 in the amount of approximately $1,925,000 as the developer (FSP) receives $200,000 in HOME funds and approximately $1.725,000 in tax credits sale proceeds. • The terms under which WRHA would be repaid are still being negotiated. However, the goal is to have them repaid no later than year 15, including interest at a reasonable rate beginning in year 7, and preferably, pay back would be much sooner. The rationale for the timing of these repayments is as follows: • City has a need to be re-paid more quickly due to significant costs for the local match portion of the Wadsworth reconstruction project, beginning in 2018/1019. • WRHA during a study session in 2015 came to a general consensus that for the time being, they were not in a position to convert SF homes into owner-occupied affordable housing due the very tight and expensive housing market. As a result, there is no short tenn identifi ed use for the approximately $645,000 the WRHA currently has in their bank accounts. RECOMMENDATIONS: Public Benefits HEI has provided a general description of the diverse public benefits to be derived through this public/private redevelopment (p. 5 of the Redevelopment Summary). From aHA perspective, these benefits importantly include the provision of affordable housing, which is at the core of the HA 's mission. That said. the more general public benefits include: preservation of a significant historic structure and the development of unique market rate housing in an area of the City that 7 would benefit from additional real estate investment. Conclusions HEI remains very committed to the redevelopment of the Fruitdale school property and have continued to expend significant time and money to that end. Their stated desire is to negotiate necessary Development Agreements with the City and WRHA between now and the end of January or earl y February in order to keep moving forward on this redevelopment effort. HEl needs to begin constructi on on solar panels in order to have those completed in the fall of20 16 and realize approximately $340.000 in reduced utility costs and utility company REC payments. which are critical components of the pro fom1a in addition to the solar tax credits. Based o n preliminary direction from City Council that will be provided at the study session, staff has tentatively scheduled the February 8 regular busi ness meeting to take action on a more formal commitment to public fmancial participation on the project. It is important to note that any action taken by City Council to commit to public financial participation in this project is but a first step in a series of steps that would occur over the next 6 months, when a closing on the project is anticipated. A series of milestones would need to be achieved prior to any public money actuall y being spent on the project. These milestones would include: • Execution of a development agreement defining obligations of the City. the WRHA and the Developer • Preliminary approval by state and federal agencies to validate the eligibility fo r historic preservation tax credits • Finalization of commitment from tax credit in vestors • Finalization of a private bank loan • Finalization of commitment of HOME funds • Finalization of construction drawings and approval of a building permit, reducing risk associated which project constTuction costs Each of these milestones. when achieved. has the result of reducing the risk of the project defaulting on paying its loan from the City. It is also important to note that no public moneys will be spent until FSP closes on the acquisition of the property; and then incremental payments will be made upon actual progress on construction. The fmal payment wi ll not occur until the project has achi eved substantial completion, at which point the building and site wi ll have been transformed into a unique, mixed income, loft style housing project that would be the fi rst o f its kind in Wheat Ridge. ATTACHMENT S: 1. HEI Redevelopment Summary 8 The Original Historic Building -1929 Current Site Conditions The Proposed Redevelopment Fruitdale Lofts, Hartman Ely Investments LLC Attachment 3 1 Hartman Ely Investments: • Adaptive re-use and historic building specialists for 35 years • 1 OOo/o involvement of our business owners with each project • Limited number of hand-crafted projects each year • Our process: A patient search for the best solution (lots of analysis/test fits) .. r-I I I • •· . I' a I I I ~ lJ6I il .I • ... .j,. .41 _..IT ; A~l . • " ll ' •'. i -~ . . 1 a·"-.. ~ tJjb ~ Odd Fellows Hall (before) Odd Fellows Office/Retail (after) Jim Hartman, ProJect Archrtect • previous firm Courtyard Hotel (before, as Joslin's Dept Store) Courtyard Marriott Hotel Downtown Denver (after) Jim Hartman. ProJect Architect & Development Manager. previous firms Fruitdale Lofts, Hartman Ely Investments LLC 2 Hartman Ely Investments: Lowry Steam Plant (before) Solar power Revitalized 1939 historic building Five new neighborhood restaurants Hangar 2, Aerial Photo of Site (before) Steam Plant Lofts (after) HEI, in partnership with Harvard Communities Google ea~1h ..:':F==========;--- Hangar 2 Lowry, Aerial Photo of Site (after) HEI, in partnership with Larimer Associates and City Street Investors Fruitdale Lofts, Hartman Ely Investments LLC 3 Hartman Ely Investments: • Similar rental apartment projects in Denver involving affordable units, historic tax credits and State Historic Fund grants (with previous firm): • Bank Lofts, 126 units, completed in 1996, $13,000,000 total cost • Boston Lofts, 158 units, completed in 1998, $24,000,000 total cost • Grand Lowry Lofts, 261 units, completed in 2000, $27,000,000 total cost Bank Lofts (Downtown) Boston Lofts (Downtown) Grand Lowry Lofts (Lowry) • Similar size rental apartment project developed and owned by HEI in Denver, managed for HEI by Pinnacle Real Estate Management: • Park Hill Place (East Colfax), 17 units, completed in 2014, $2,000,000 total cost Exterior Apartment interior (before) Fruitdale Lofts, Hartman Ely Investments LLC Apartment interior (after) 4 • Key Issues, Fruitdale Lofts: Public Benefits From Redevelopment: Fruitdale Lofts, Hartman Ely Investments LLC 5 Redevelopment Features: 1. Revitalize a key historic landmark and site (including house at SW site corner). 2. Create up to 16 well-designed apartments for families, low-income individuals and the Wheat Ridge workforce. 5. Implement innovative energy and sustainable solutions in all parts of the property (solar power, energy efficiency, daylighting, electric vehicle charging, Fruitdale Orchard and edible landscaping). I 44th Place West 44th Avenue Artist's Rendering of Proposed Redevelopment Fruitdale Lofts, Hartman Ely Investments LLC 6 ·-. ,-:-, • Example: Single level residential space at HEI's award-winning Steam Plant Lofts property, Lowry Apartment Sizes and Rents: • 2-Bedroom Affordable Apartments (2): 625-700 SF, $700-$955/month • 3-Bedroom Affordable Apartments (3): 1,000-1 ,035 SF, $1 ,100/month • 2-Bedroom Workforce Apartments (7): 650-845 SF, $1 ,250-$1 ,350/month • 3-Bedroom Workforce Apartments (4): 950-1,270 SF, $1 ,550-$1 ,600/month Ground-level apartments at Fruitdale Fruitdale Lofts, Hartman Ely Investments LLC 7 I t I l f¢11 I J Example: Multi-level residential space, at HEI's award-winning Steam Plant Lofts property, Lowry @Apartment 8/9 Loft: Plan AJ _VJ .. •I Second Floor and multi-level, loft-style apartments at Fruitdale Fruitdale Lofts, Hartman Ely Investments LLC 8 Innovative Energy Solutions: Examples: Solar power and electric vehicle charging at HEI's award-winning Hangar 2 property; 2015 Urban Land Institute's Innovative Project of the Year (and other awards) (<!,.._ -----00-~~ l-.9rl'<~ -~~ J.o:r I<J'&?! t=~.m ... .t:.NAC t.gp~<~tu ~r ~ ... ,..,.. ~ .... ~ -.r Aac:-~ e~u.oo Solar power and daylighting for apartments il I I I ,' I I I I I I I lf/l I I I:J 11~1 l I I I rs, .. ,,..0 4} . C I I_L..l I ~............. ..J q:J} _..f __ ' ~---·-_...,. CIL~ . l'!~.! . ..!. I~ ?.'> ®...,,,_.., .._-.. _,_ ..... ••r..-~..r Solar power roof plan • Fruitdale Lofts, Hartman Ely Investments LLC Oaylighting at historic stairs 9 Pro Forma Summary : Ft\lltdale Lofts · Hartman EJy Investments SOOrc:es and Uses. lnmme Tax Credit C.kulatlons Sb ec:qubidoon .. dDsq- ~. JUPIIOR professionals Permlls • Fees Dewlopw~. '" Soft-~ Herd COltS Herd cost OCft~ F!na::dr! Costs 17.000 sf 13.755 sf l!l!lm $ 1D $ S4l..SOO $ 407,100 $ us .sao $ 1l7P12 s S,t:SJ,'TSl $ 266,973 $ 116tfi75 $ s.ns.sca Willi ~ Fytur! l!!lO!I!lts ~ Gtwtf Oly of wtw.t IUdle ~l~~A&ahonty HOME Funclt • Jeffenon County ~Zone~ TuOedt·Je"--' County ~ Hlltorical Fund pant Temple lluelarant $ $ Tu Credit 1-~-IIAotlc S Ta Cractt '-Nnclni-Solw S ""**Ctlf*el 01y of wt..t ltidp • salient Of'bl wt..lt llldp Houslrw Alllborily • petlent capital DHtAE~ Commercial l..oen Equity • FNitdele School Pertnera 220,AJO 9,199 tab.neflt. Q•'f"Coss F«*nnl Stlltr ._ T• OW. ~Costs SITCwolue ~of qua~ cost~) Fdwtll HliiNitfc ,._ T• Oftlt ~llfvlrw Costs s 32.4,711 s 4,660,402 $ 470.000 s 170.000 $ 419,570 s $ s s 1,9251000 s 400.000 $ S.sM.570 s 1.648,847 s 302,0MJ $ 5,335,503 TpClsda s 97,415 HITC value (21* ol quallfvk'c -) 9)2,010 s Stott Hbforlc ,_ T• ONtt '""of SJ.~ooo.,.auJ ~flfvlnc Com s 41,660,402 HITC value (lOS af ~casu with $2M eap) 800,000 s ~llfvinl Costs s 2.660,402 $ HITC Yll.lue (2<* ol,..,.l ... que~ ca.u with $2M cap) 400,000 Sflofe ~z-....-..._T•~•~c-.tr ~lif'tlnl Costs ..... ~ • •flllll.-s and .... ....-m s mm:wlue !'3" of~ c:ao~:~) s 9,999 2Ual 0""' ~ '"" 43 2~ 7U. 5""' UK J.IICI.ft 36.1" 7.5" 30.~ s.~ ~ Fruitdale Lofts, Hartman Ely Investments LLC ~ ~ s 0.00 $ 0.00 $ :10.15 $ 24.90 s 1US $ 29Sl s 13.26 $ 16.39 s ua $ 8.S1 s ll7.1M $ 280.61 s 15.70 $ 19..41 s 6.86 $ 8.A8 $ tu.as $ !87.10 Mure fundi benef'ot opetatlanal c:ashflow beMftiS opetatloNI c:uNiow 10 . ... 1-1 . ~- ... _ ---..... ........... __... ...... ., ... ....... ..... ... ......._ ......... ··---..... ............... ,....,_. .... ·-... -..... -----r-;---,.,_ --I-t ~-............... ...... r-;-...,_,.., ..... _,..,. r-;----......... f-;o -·---~ ---·----.....,.,_0.. -=1 ,._ -;;-.... --------;;----·----.-.......... c::r...-,.._. ........ ~ -;;----..... 1 .......... -.---·-~---.-...... --. ........... ... ...... "" -;;- .... __ ----;;---1 -;;---;;-_._ .............. . .~ .. l ---;;----~=l ,.,,...,. 1-;;-~..-T•QWIII_, __ ... -1-;;-..... ~..._..,_ ·-....... ~ ........ a..._....._._ ,., ------.-.... ·-_...., 1-;o ___ ......,...,__. --1-;o .,_ .............. _....,.,. ·---r-;;- 1-;;- -;- -;- -;- -;- • ..... -;;- -;;- -;;- • 1-;;- 1-;;- 1-;;- .1-;;- h;- 1-;o _._..~ .... .....-·-....... _ ......................... .,_ ....... -... ·-,...._ .... ·------·----·---.. ~ ... ......-.-...-·---.... .....-........ ...-. -- I"-----....... _ r-----._ __ ,...... ........ ---. 1::.. ·---·-----.. _... ,_ ... _.. .... ,._ ..... ........ ,._, ·---· '·'·"'·•·:·>•·•·•--- Schedule: I~ I .. .... ,.._,, .:=~: ,.,..,.. --· .. lOW • ............ ,._,, -----· ,....,. lr.n.aw -----W.VJ1fti WN ... fP ---.... * ,.,.,,.,._. __.. .. --------n.tm..Ut ""'~--,..,...,.. __ ...... ............ --· --· fiii4!'VIII...,A-.. ........ .. .. ~t.wi!UI!• .... ..,~---... .. .. .. .. .. .. --... • .... • --.. ..... -• ---• '1-'----~ ······:···:·.:··:··.;.•..% ......... _ .... __ ;,-. ___ _ ~~!--11f=4~~:·~·~:---::;:--------II \'!" ---:- : s,.-·-+-·-.w..- m:~ ....... ,_. ·---1--i ··--- ~ ~-~·---L.-..... ---_ _.,. • ... ,.-, ,., ..... ,.,.-,, .. , ., .... , ...... ,. --------· -.. ..,.,..-.-... ....., ~r--.. ;. --............ , ... • --· --· .. .. -... _ .... -,..,.,,..,f ..... ., --,._, .. --- • -.. -"-;·•·'·•·=·=····! ... "" ........ -..... .._. ----.,....._.,._0 Fruitdale Lofts, Hartman Ely Investments LLC "E-->!D.;.._Iflo,.,· .. ~.+--~ .. _ ...... ~-... :: :.. m -"'!" ~'--'-----~ ······:······t:-·:···:···········-;-· .. ·.•.• . .-...... , -.. - 11 Next Steps: 1. City approves $470,000 subsidy, economic development bridge loa n of approximately $1,925,000 and overall public/private partnership details as described by the Development Agreem ent Term Sheet. 2. Execute Development Agreement and begin public outreach program in late February. 3. Fina lize historic tax credit applications with State/Federal agencies in March/April. 4. Select tax equity part ner(s) and redevelopment lender. 5. Begin detailed design in Spring 2016. 6. Confirm City/WRHA final bridge loan amounts In Summer 2016, prior to HEI's property purchase and any expenditure of City/WRHA funds. 7. Complete project in mid 2017 (completion of solar power system in late 2016). 8. Pay back City and WRHA (majority in 2017/2018 from Jeffco HOME funds and tax credit proceeds). Balance over time from future rent sharing and property refinance. Fruitdale lofts, Hartman l:.ly lrwestments LLC ~ ~-----------------------~------~~----~ ' '~ ..... " City of ?WlieatRgge lTEM NO:~ DATE: February 8, 2016 REQUEST FOR CITY COUNCIL ACTION TITLE: A MOTION TO WAIVE THE ATTORNEY-CLIENT PRIVILEGE AS TO THE DIRECTION GIVEN TO THE CITY ATTORNEY AT THE JANUARY 25, 2016 EXECUTIVE SESSION 0 PUB LI C HEARING (gl B IDS/MOTIONS 0 RESOLUTIONS 0 ORDINANCES FOR lsr READING 0 ORDINANCES FOR 2ND READrNG QUASI-JUDICIAL: D YES (gl NO (_~ City Attorney c~ ISSUE: Per City Council Rules. Council members Monica Duran and Larry Mathews requested to add an agenda item to the February 8. 2016 City Council agenda. The request is for public vote by the City Council on the direction given to the City Attorney regarding the Quadrant lawsuit filed agai nst the City of Wheat Ridge. PRIOR ACTION: An executi ve session was conducted on January 25, 2016 for a conference under Charter Section 5.7(b)(l) and Section 24-6-402(4)(b), C.R.S, specificaJiy for legal advice from the City Attorney concerning the Complaint for Declaratory Judgement and Pennanentlnjunction from Quadrant Wheat Ridge Comers, LLC. FINANCIAL IMPACT: None BACKGROUND: An executive session was conducted on January 25, 2016 concerning the Quadrant litigation. That discussion is protected by the attorney-client privilege, which is a statutory and common Council Action Form -Waiver of Attorney-Client Ptivilege February 8, 2016 Page 2 law privilege in addition to the executive session privilege. Because of th is, the privilege may only be waived by the Counci l as a gro up (here, by a majority vote of a quorum). not by any ind ividual Councilmember. Accordingly, the fo llowing is the proper sequence of action on this item: • Before any action, the City Attorney wi ll expl ain publicall y the nature of the attorney-client ptivilege so th e public can understand the context • The first proper motion wouJd be to waive the attorney-client privil ege as to the direction given to the City Attorney at the January 25, 2016 executi ve session • If that motion passes, the City Attorney will state the outcome of the discussion in terms of the direction he received with respect to the two claims in the Quadrant complaint • The Council can then take motions to confirm that direction, entertain Council discussion. and then vote by the electronic system, as usuaJ RECOMMENDATIONS: None RE COMMENDED MOTION: "1 move to waive the attorney-client privilege as to the direction given to the City Attorney at the January 25, 2016 executive session." Or, "I move deny the waiver of the attorney-client privilege as to the direction given to the City Attorney at the January 25, 2016 executive session for the following reason(s) _____ _ REPORT PREPARED BY: Patrick Goff, City Manager Jerry Dahl, City Attorney ATTACHMENTS: " I. Letter from Council member Monica Duran, dated February 8. 2016 ... ~ ... "' ., .,. City of • ~WheatRi_dge City of Wheat Ridge Municipal Building 7500 W. 29t" Ave. Wheat Ridge. CO 80033-8001 P: 303.234.5900 F: 303.234.5924 February 8, 2016 City Council and Staff, On January 25th 2016, city council was presented with the results of the Mayors Communication Exchange Recommendations. Our citizens asked for government transparency and open, two-way dialogue. I have a concern with the direction given to the City Attorney and staff. in executive session, addressing the lawsuit filed against 300 and the voters of Wheat Ridge. Whether you supported ballot question 300 or not, it was approved by the voters and it is a new Charter Amendment. Our voters deserve to see how their elected officials stand in defending it. I have been accused of grandstanding and purposely trying to embarrass my fellow Council Members. To the contrary, I am echoing what the citizens of W heat Ridge have asked for. transparency, and open communication. It is a judge's job, not City Council, to determine whether any Charter Amendment or City Ordinance is illegal or unconstitutional. It has been noted numerous times that we are a representative form of government. Does this mean we are to make decisions in a vacuum and not follow the will of the voters? Are we not supposed to defend the voter's decisions whether this mcludes defeated candidates or approved ballot questions such as 300? When elected to office, we took an Oath that says: "I do solemnly and sincerely declare and affirm that I will support the Constitution and laws of the United States, the State of Colorado and the Charter and Ordinances of the city". Nowhere in this Oath does it state only defend what "we believe in" or just defend it a "little". In the spirit of the Community Exchange, cooperation and transparency by the city, I believe that official direction by the City Attorney, with regards to the 300 lawsuit, should be a public vote on the Dias. Until a judge rules that any provision of 300 is illegal, I will support the will of the voters. Thank you, Councilor Duran Attachment 1 www.ci.wheatridge.co.us ~ 4 ~ ... ~ # .-City of • ·rnr Whe at D ;rl,.e ~FACEOFll-IECnv MAkii--~ Memorandum TO: Mayor and City Council THROUGH: Patrick Goff, City Manager~ ('),,A.()./ Heather Geyer, Administrative Services Director y;vv-D FROM: Carly Lorentz, Management Analyst DATE: February 8. 2016 SUBJECT: Website Redesign Presentation Background The City's current website is the product of the last redesign process in 2008. Best practice of website redesign is about every four years in order to keep a website fresh and current with other sites. The City of Wheat Ridge has delayed the website redesign project in favor of higher priorities for the past four years. ln April of2015, staffbegan working with our current website provider CivicPius to redesign and update our City website. Overview On Monday, February 81h, City Council will preview the new City Website that has been under development since April 2015. Over the past l 0 months. two internal working committees composed of staff members have dedicated hundreds of hours of work on the development of the new site. T he guidance from the Redesign Committee and the 2"d Level Administrator Group bas played an important role in shaping the development of the new site. The Redesign Committee had representatives rrom each department researchi ng other community's websites and working together to come up with the new design of the City's homepage. Throughout the development of the new site, staff has been working to help reposition the City's number one marketing tool with the goal of a more citizen friendly design in mind. It is very important to stress that the new website will be a work in progress. Work on the new site does not end on the day of the site launch. Maintenance of the site will be ongoing in order to provide timely and accurate information to citizens. Maureen Harper, the City's new Public lnformation Officer will be instrumental in the website moving forward and staff will be looking at more ways to use website analytics to ensure the website is easy to use and user-friendly. Launch Date The City will officially launch the new website on Tuesday, February 16th. The portal page on the new website should help minimize any confusion because it has a "Welcome to the City of Wl1eat Ridge's new website" message. This portal page will remain active through March. Ln addition, there wiiJ be a news flash on the site announcing the new site and encouraging citizens to send navigation input to Carly Lorentz or Maureen Harper. There will be a set of questions citizens can respond to such as "Was there something you were looking for that was difficult to find?" "What information would you like to be featured more prominently?" Website Preview At the February gtb meeting. staff will provide a short orientation of the new site with a preview of the following areas: • Navigation • Slide show banners • Social media links • Search bar • Contact us info • News flashes • Calendar and video Website App and Parks and Recreation Sub-Site Update • Website App -After the ne\v website launch. staff will be working with CivicPlus on the design of a new City App that the public can download at any app store for free. The app with have easil y accessible online services and easier-to-use notification options. An example of this is the Town of Castle Rock mobile app: https://itunes.apple.com/us/app/castle-rock- co/id945528365?mt=8 • Parks and Recreation Sub-Site -This year the Parks and Recreation Department wil l be developing a sub-site that will link from the City site with its own navigation and design options. One example of this is the Town of Parker website: http://www.parkeronline.org/ Parks and Recreation website: http://www .parkerrec.com/ Usability Focus Groups On Friday, December 11, 2015, staff held a focus group with members of the Local works Public Relations Committee to gather feedback prior to the launch. lt was valuable to have an external group review the site and provide feedback on site content and navigation. There were two dates offered to citizens to provide feedback on the website, December 161h and January 27111: no citizens attended either session. Citizens can contact Carly directly after the launch to provide feedback on the website. Future Marketing and Promotion of the Website The City has seen a slow increase in the amount of citizens using the website as a source of information for news about Wheat Ri dge. According to the 2015 Citizen Survey, 46% of respondents use the City website at least once in the past 12 months compared to 40% in the 2012 survey and 23% in the 2004 survey. With the development of the new website, staff expects to see another increase in these statistics in the 2017 Citizen Survey. With the launch of the City's Facebook and Twitter pages the City hope to see continual increase in site visits. In addition, staff will be conducting monthly, quarterly and annual analysis in order to assess the use of the site, identify patterns or trends, and make necessary adjustments in response to feedback. /cl ._ ~ t ~ ... , ... City of • ·r~Wlieat D i_rlrre ~OfFJCEOFTHEOlY ~~~ TO: FROM: DATE: SUBJECT: Introduction Memorandum Mayor and City Council Patrick Goff. City Manager ~ \/ A Ken Johnstone, Community Development Director~ct February 2, 2016 (for February 81h Council Meeting) Freestanding Emergency Rooms Colorado has recently experienced a substantial growth in freestanding emergency rooms (ERs), increasing from 2 in 2012 to at least 35 by the summer of2016. There has been one rezoning request to allow for this business model in Wheat Ridge. There has also been a tremendous amount of media coverage around freestanding ERs, primaril y focused on patient confusion conceming the difference between freestanding ERs and urgent care centers (see attachments). On November 23,2015, consensus was reached by City Council to include a discussion conceming freestanding ERs on a future study session agenda. Prior Actions Ln 2015, an application was received by the City to rezone tl1e property located at the southeast comer of381h Avenue and Wadsworth Boulevard from mixed-use neighborhood (MU-N) to mixed-use commercial (MU-C). If approved the MU-C zoning would have potentiall y allowed various commercial and mixed uses. However, the stated intent of the appli cant requesting ilie rezoning was to allow for the construction of a freestanding emergency room on the site. Freestanding ERs are not a specified use in the City's zoning use charts. However, staff has detem1ined the use is similar to both a hospital and medical office use. Based on hours of operation and heavy reliance on customers aniving by an1bulance, staff detennined these freestanding ERs are most similar to the emergency room activity associated with a hospital. A medical office is allowed in MU-N zone district and both medical offices and hospitals are allowed in MU-C zoning. Hospitals are allowed in a MU-C zone district (upon review and approval of an administrative conditional use permit); but not allowed in MU-N, which is the property's current zoning. Staff presented the rezoning application and a recommendation of approval to Planning Commission at a public hearing on October I, 2015. By a vote of 4 to 1, the Planning Commission recommended denial of ilie request for the fo llowing reasons: I. The proposed zone change is unnecessary because sufficient MU-C zoning exists in the immediately adjacent areas located next to the site. 2. The proposed zone change may negatively impact the public health, safety, or welfare of the community. 3. The proposed zone change is not compatible with the surrounding area; that being the church and the adjacent properties that will probably be subjected to zoning change requests in the future. 4. No certificate of need is needed fo r new hospitals in Colorado, which is an oversight. 5. TI1ere is no need for this use and no need for additional MU-C zoning. The rezoning was intToduced to City Council on first reading on October 26, 2015. The first reading on the bill was approved 6 to 2. A public hearing was scheduled for November 23, 2015 but the applicant formally withdrew their rezoning application prior to the public hearing. Background As a policy matter. it is appropriate for City Council to consider whether there are operational or other aspects of these businesses that requi re them to be regulated in a different manner. TI1ere are many uses that are called out specifically in the City's municipal code for special regulation. Chapter I I -Licenses and Pellllits. By way of example, pawn brokers, marijuana related businesses, amusement arcades. night clubs and social clubs all are subject to special licensing requirements contained in Chapter II . It could be appropriate to consider requiring freestanding ERs go through a special licensing process to address specific issues of concern. Chapter 26 -Zoning. Various uses are required by Chapter 26 (Zoning and Development) to go through an additional review process. There are dozens of uses that require either special use review or conditional use review (mixed use di stricts only). Examples of special uses in clude day care, certain auto related uses, private schools, contractor's yards and ce1tain fueling stations. Even government buildings with outs ide storage can trigger a special use review. The special use review process starts with a neighborhood meeting and can be reviewed and approved administratively. Under certain circwnstances, special use review will come before City Council to approve or deny or approve with conditi ons. It could be appropriate to consid er requiring freestanding ERs to be rev1ewed as either a special use or conditional use. There are likely various other zoning options that could be considered for application on these faci lities, if it is determined that they generate unique impacts in the community or in a neighborhood. The City imposes minimum separation requirements on certain uses. The City has maximum "caps" on the number of billboards and marijuana establi shments, which wo uld be another option to consider. Conclusions Staff is requesting preliminary policy direction from City Council whether to conduct additional research regarding freestanding ERs. The intent would be to determine whether any local regulatory changes are needed to address unique impacts associated with this land use and business model. If so directed, staff would recommend additional research and likely conduct some type of convening of affected parties who operate in thi s or related indush·ies. Attachments I. Various media articles 2 Free-Standing Emergency Rooms Causing Controversy Critics say simple ERs create more demand and drive up costs Wed,Jul31, 2013 COLORADO SPRINGS-Here at a tidy suburban shopping strip, in the parking lot near a tanning salon, a Starbucks and a cupcake shop, is a fierce new battleground for precious health care dollars. First Choice is a gleaming, stand-alone emergency room built like a drive-through dry cleaners, set in an affluent neighborhood to signal convenience to consumers -and to rake in profits for private investors. There's no towering hospital attached at the back, no helicopter pad, delivery rooms or surgery suites. But a doctor is always here, they handle hangnails to heart attacks, and regulators allow First Choice to charge highER prices no matter how trivial the ailment. "The hospital ER system right now is overburdened," said Andrew jordan, chief marketing officer for First Choice. "We're the ultimate fix-it shop," senior vice president Heather Weimer said. "We want to fix you and send you up or down to the next level." But critics say free-standing ERs are creating and distorting demand, not just filling it. "What they're doing is driving up the cost of medical care," said Dr. Vince Markovchick, an emeritus professor of emergency medicine and author of the manual "Emergency Medicine Secrets." Free-standing ERs can charge four or five times what an urgent-care center or clinic charges for common problems such as stitches, abdominal pain or sprains. For-profit ERs are siphoning patients with insurance from urban hospitals that need the money to subsidize charity care, Markovchick and others said. Attachment 1 "They play the numbers of being in the right ZIP code," said Dr. Richard Zane, emergency department chair at University of Colorado Hospital. Zane said he expects First Choice to build up to five more ERs in Colorado, and other for- profit competitors will likely follow-none of them good for the system, he added. This First Choice ER on Powers Boulevard is the inaugural outpost for a company that has blanketed Texas with the controversial concept and now has sights on Colorado. With 16 other ERs around Houston and Dallas, First Choice is also renovating a site in Arvada to open early next year. Nonprofit hospital systems also have entered the "freestanding" game, with Banner Health and University of Colorado Health building stand-alone ERs near each other's territory in Greeley. Insurance companies-which spend time these days trying to keep people out of expensive ERs if they don't belong there-and other critics don't like the trend. When beds and exam rooms expand, customers tend to fill them whether they belong there or not. "There's some truth to it that if you build it, they will come," said Dr. Elizabeth Kraft, chief medical officer for Anthem's Blue Cross insurance in Colorado. "There's a learning curve on the patient's part, and they may get a bigger financial hit than they were expecting." Insurers encourage ailing consumers to think twice by boosting penalties for using the ER. Federal rules guarantee insurers will pay for medically necessary ER visits, but they have some freedom to share costs with the patient. Anthem, for example, has co-pays of $150 to $300 for ER visits, versus $10 to $75 for the same treatment at an "urgent care" or other primary doctor's office. Frustrating the health experts is what simple, nonemergency ailments ERs commonly attract: "allergic rhinitis," in other words a runny nose from pollen; headaches; and physicals for summer camps. "At least half of the patients seen in most busy ERs could be safely taken care of in a lower-cost, urgent-care setting," Markovchick said. First Choice executives say they have no more interest in keeping a patient who doesn't belong there than a hospital-based ER. They say First Choice refers non-emergency patients back to their family doctor, if they have one, and frequently writes off charity care. Under state law, and because it's the right thing to do, First Choice doctors say, every patient is given a medical screening by a physician before any questions are asked about how they are paying. On a re cent weekday in Colorado Springs, Olga Thein was brought in with chest pains and a history of heart illness. Dr. Ron Price speht 45 minutes with her, took labs that were done in minutes and determined she was not having a heart attack and offered a prescription. Price said he was calling her cardiologist to report the incident and the tests. The nurse on duty, Erica Miller, said she has worked at all the Colorado Springs ERs, and is doing far more patient care and less bureaucracy at First Choice than at the other locations. "I'm feeling like a nurse instead of a computer technician," she said. State law requires all licensed ERs to have a transfer agreement with a full hospital, and First Choice contracts with both Memorial and Penrose-St. Francis in Colorado Springs. Ambulances do not come to First Choice-all traffic is self-directed; a contracted ambulance is parked outside the front door for emergency transfers to hospitals. None of the ERs are official trauma centers, as only hospital ERs can receive that designation, a First Choice spokeswoman said. First Choice cannot bill Medicare or Medicaid because federal rules require an ER to be part of a full hospital system to get paid. Tha t leads to the criticism from Markovchick and others that the for-profit ERs are only after high-paying private insurance. "The way you make a profit is you avoid anybody who can't pay," Markovchick said. First Choice employees reject that assumption, saying they always give the care needed to the patients who arrive. Thein, for example, was a Medicare and Medicaid patient, and when she walked out the door on the arm of a friend, her bill was written off. Researchers on costs in health care tend to hedge when addressing whether for-profit ERs are exploiting gaps or listening to consumer demand. "Free-standing emergency departments, like a lot of other players in the health care marketplace, tend to go where the well-insured patients are, not necessarily where the need is," said Emily Carrier with the Center for Studying Health System Change in Washington, D.C. "But that's not the same thing as saying that the need isn't there." Consumers are responding to something they want from the inviting new ERs, other analysts note. Other pieces of the health care system might do well to figure out what that is and try to deliver the same service in a less-costly way. Patients who don't have a regular doctor or who like knowing a clean, well-lighted place will take them in at 9 p.m. Friday, for example. Primary-care doctors can provide some of that with night and weekend office hours, access to e-mail or texted advice, and other techniques, Anthem's Kraft said. "Meeting patients where they're at, which is kind of a new concept," Kraft said. By Copyright © 2016: PennWell Corporation, Tulsa, OK. All Rights Reserved. Serving Arkansas, Louisiana, Texas & Oklahoma Home > texarkana > business > longview > doctors > tyler Freestanding Emergency Rooms Bring Competition, Confusion to East Texas Healthcare Questions mount as for-profit~ stand-alone ERs arrive in the most affluent Northeast Texas neighborhoods <SHARE: 72 Facebook Twitter More SHARES 0 Tuesday, January 1 2, 201 6 Freestanding emergency rooms have been multiplying in Northeast, Texas. However, some patients are confused about the high cost of emergency care at some freestanding ERs they think are lower cost urgent care centers. T he phrase "Real ER without the wait" has been heard constantly by people in Texarkana and the surrounding area in the last few weeks as the city's first freestanding ER opened with one of the grandest business launches of a new enterprise in recent memory for the Four States Area. Positive press flowed from virtually every local media outlet with widespread 1V coverage, radio discussion, newspaper articles, magazine spreads and online media. Soon, Texarkana, Tyler and Longview will have several freestanding ERs in each city, and people in the Ark-La-Tex are beginning to have some questions about the concept of freestanding ERs: Are freestanding ERs "real" emergency rooms? How much should emergency care cost outside of a hospital? Should you go to an urgent care facility, freestanding emergency room or a hospital-based ER? These are just a few of the questions many Ark-La-Tex residents are asking themselves while waiting for doctor's appointments, at dinner and online following a deluge of publicity about Northeast Texas' new freestanding emergency rooms, which are not operated in conjunction with a local hospital. Multiplying like dandelions In the past few months, the Northeast Texas portion of the Ark-La-Tex has seen a land and building boom for new 24/7, freestanding ERs. The first freestanding emergency room just opened in Texarkana, Texas and at least two more are planned for the Texas-side of the city in 2016. Excel ER is scheduled to open in February 2016 at 4102 Gibson Lane, and Pearland, Texas-based Neighbors Emergency Center will be opening its center in 2016 near Texarkana's famous Bryce's Cafeteria. Arlc-La- Tex.com has learned that other emergency centers are under consideration in the Texarkana area from other comers in the healthcare space. Residents of Tyler, Texas already have two freestanding ERs-Excel ER at 6718 S. Broadway and Neighbors Emergency Center at 2222 E. Southeast Loop 32. A new Patients ER has broken ground in the city, and the merger between Tyler Urgent Care and Complete Care will result in a fourth freestanding ER for Tyler in early 2016. In Longview, Patients ER is being built next to Little Mexico restaurant on McCann Road and Excel ER will open in March 2016 at 120 Clay St. in the city. Recently, Neighbors Emergency Center announced plans to build a new emergency center at the west corner of the Gilmer Road intersection with Loop 281 in Longview. Excel ER has also announced a March 2016 opening for a freestanding ERin Nacogdoches at 1424 North Street, and Excel ER is planning for an expansion into Louisiana in the near future. A well-respected doctor opens freestanding ER Texarkana Emergency Center is the first freestanding ERin Texarkana and officially opened on December 3· It is located across the street from Central Mall, adjacent to the Texarkana Convention Center and very near Christus St Michael Health System's Emergency Room. The building, which used to be a bank, was purchased during the first half of 2015, and it was listed for sale at $3-4 million by Reynolds Realty Management. The building was constructed in 2007, and it houses over 10,000 sq.ft. of space. With 14 rooms for treatment (including two triage areas) the Texarkana Emergency Center promises a "Real ER without the wait." Five local emergency room doctors -Bo Kelly, Dallas Bailes, Erik Jacobsen, Kyle Groom and Matthew Young-are on-call at the facility. Local artists have adorned the walls with artistic works, and kids of all ages can enjoy the Netflix and Hulu enabled televisions in each room. In short, Texarkana Emergency Center has a purposefully "cozy" vibe. Possibly the greatest asset of the Texarkana Emergency Center is Matthew Young, medical director. Young, who prefers to go by the name "Matt," is the literal "face" of the new center and now a public figure. With mailers, videos, newspaper ads, online media and 1V reports, Young's slight, confident smile is front and center. It is an excellent choice, because Young fits virtually everyone's description of the kind and caring doctor, and he could easily play one on 1V if it was not his profession in real life. Young had an all-American childhood growing up with a large Catholic family in Texarkana's Highland Park area under the watchful eye of his beloved father, the late Dr. Mitchell Young and Donna, his mother. Young was an Eagle Scout and attended the University of Arkansas main campus for his undergraduate work and later attended medical school at UA Little Rock. Walk around the hallways of local medical offices in Texarkana where Young was well known as an emergency room physician at Christus St. Michael, and people will tell you that he is a "good doctor and fine person." High praise can also be heard for him around town, and people will often mention his well-respected father, Mitchell. Indeed, the medical tradition is so strong in his family that Young has seven brothers who are medical doctors and one who is a veterinarian. Young's mother, Donna, worked with his father in his medical office, and the tradition continues today. That's because Young's wife, Cindy, is an integral part of the mechanics of the new Texarkana Emergency Center and is its director of operations. Ark-La-Tex. com spoke briefly with Mrs. Young while she was at the center, but she preferred to let the center's marketing director and her husband do the talking about the business. Putting aside the fine people associated with the new freestanding ER in Texarkana is difficult when such an obviously exceptional person such as Matt Young is involved, but there is controversy about the concept of the freestanding emergency room industry in terms of the high costs involved and the fact that some patients cannot recognize the difference between some of these facilities and urgent care centers. Medicare-free zones Most freestanding emergency rooms that have become a trend in Texas and other states (like Arizona and Colorado) do not have federal recognition and are only recognized by the state. This means they do not accept Medicare or Medicaid. Even though many doctors, nurses and administrators at freestanding ERs will say that they would like to one day accept Medicare and Medicaid, it would probably vastly decrease profitability and it would definitely increase wait times. By accepting Medicare, freestanding ERs would be subject to the Emergency Medical Treatment and Active Labor Act (EMTALA) which would require the centers to provide care to patients who could not afford care, and that would be in addition to the relatively low reimbursements they would receive for patients on Medicare. Hospitals, of course, are bound by these regulations, and some critics argue that freestanding ERs take away patients with private insurance and leave hospitals to take care of society's indigent and elderly. Matt Young of Texarkana Emergency Center said that he would like to accept Medicare, and he has gone online to tell commenters this as well. The non-acceptance of Medicare at the center is mentioned often on the center's Face book page. In response to one comment, Young replied: "It is unfortunate that we are not allowed to participate in Medicare or Medicaid. Maybe the laws will change." While some owners and employees of freestanding ERs might not be sincere in this statement, the high opinions of Young in the Texarkana community would lead almost anyone to believe that he really does want this change to happen. Nevertheless, centers like the one in Texarkana are required to provide medical screening examinations and stabilize any emergency patient -regardless of the ability to pay. However, some freestanding ERs might actively encourage indigent patients to go to nearby hospital emergency rooms instead of caring for them at their centers. Removing a splinter costs what?! Texas and Colorado have had the greatest growth in freestanding ERs -mainly due to favorable state laws. Ark-La-Tex.com reached out to award winning TV reporter Chris Vanderveen of Denver, Colorado's NBC Affiliate, KUSA-TV. Vanderveen spent several months researching Colorado's freestanding ERs, which have expanded exponentially in a short time. Vanderveen, an investigative reporter who won a national Edward R Murrow Award in 2011 and reported on the shootings at Columbine, said it is estimated that so% of people entering a freestanding emergency room are not educated about the high costs. The KUSA reporter, who has a brother who is an emergency room physician, said his interest in freestanding emergency rooms stemmed from an email he received from a deck builder who received a $3,690 bill for the removal of a splinter from his thumb. After his private insurance paid the limit for his emergency care, the deck builder still owed $2,301.60 for the removal of the splinter. Chris Vanderveen, reporte1· KUSA-1V, Denuer, CO The reporter said some patients of freestanding ERs feel like they have been the victim of a scam. "I used the huge bill for the splinter as a jumping off point to tell a bigger story," Vanderveer said. "Everything freestanding ERs are doing is within the law, but people are not aware how much it costs." Vanderveer called on people across Denver and other areas of Colorado to send him their statements from freestanding ERs, and he said he was amazed. "We put out a request for people to send us bills from the freestanding ERs, and I was just shocked at how many were three, four and five thousand dollars for minor things," he added. One patient showed Vanderveen her bill for $6,237 when she went to a clinic complaining of shortness of breath. Some tests were run and they eventually told her to go home and "relax." Nevertheless, Vanderveer said that many people believe there is a place for the freestanding emergency rooms in both Texas and Colorado when someone has a legitimate emergency. He added that many of the freestanding ERs have good medical doctors and staff. However, the irony of a new, freestanding ER being housed in a former bank was not lost on the reporter. "The public has no idea what these places cost. ACT scan in one emergency room might cost $1,000 and $8,ooo in another. It's a tremendous difference," he added. Indeed, the reporter said that, in his opinion, the future of freestanding emergency rooms is unclear. "People aren't versed on how expensive these things are," Vanderveer said. "The real question they have to face is that once the public is educated about the cost, how many customers will be left for them to stay in operation." Vanderveer said that in Colorado former customers of freestanding ERs have eventually let their friends and neighbors know the costs associated with them. "So it's a real question in my mind whether these places will be open in four years," he said. Why are there so many new freestanding ERs? The quick rise of freestanding ERs has more to do with high profits based on large bills for service. First Choice Emergency Room, which operates over so freestanding ERs, charged an average of $1,500 per patient in 2013 according to a Securities and Exchange Commission prospectus it filed. The problem with this is that in many cases the medical issues are for relatively minor problems that could often be treated equally well in an urgent care or retail clinic setting for sometimes one-tenth of the cost. The main culprit for the high costs in most for-profit, freestanding ERs are the "facility fees" that are allowed to be charged. These fees, which are assessed on a per- patient basis, can routinely be $Boo or more at many freestanding emergency rooms, and this drives up costs significantly for each patient. This fee is charged in addition to the bill for service at standard emergency room prices. In addition, many freestanding ERs also allow doctors to bill patients separately. So customers might face two large bills -often arriving in the mail on different days. And this has led to significant sticker shock for patients, according to Alan A. Ayers, associate editor of the Journal of Urgent Care Medicine. Ayers said that many freestanding ERs believe they should be able to charge a facility fee because their capabilities are similar to a traditional hospital emergency room. Ayers wrote: "The facility fee [is] a fee historically charged by hospitals to cover the overhead of being prepared to handle any situation that presents-natural disaster, terrorist attack, ambulance diversion, etc., offset losses incurred in treating Medicaid populations and to subsidize charity care/sliding fee scales serving the poor and indigent, II said Ayers in widely read paper titled "Dissecting the cost of a Freestanding Emergency Care Visit. II However, Ayers argues that the cost structure of freestanding ERs is different than hospital emergency rooms because they are not subject to the aforementioned Emergency Medical Treatment and Active Labor Act (EMTALA), do not accept Medicare and have a lower cost structure than hospital-based emergency rooms. Patients without financial means Some freest anding emergency centers may not tell you this, but they are required by the state of Texas to medically evaluate and stabilize any patient that comes to them regardless of their ability to pay. The Texas Administrative Code that governs freestanding ERs specifically states this. '' A facility shall provide to each patient, without rega1·d to the individual's ability to pay, an appropriate medical screening, examination, and stabilization within the facility's capability, including ancillary services routinely available to the facility, to dete1·mine whether an emergency medical condition exists and shall provide any necessary stabilizing treatment. Texas Administrative Code The problem with this is that some freestanding ERs do whatever they can to discourage people from coming to them without private insurance or the ability to self-pay. If that doesn't work, some freestanding ERs might try to have poor patients transported to a local hospital who must care for the patient due to EMTALA after the freestanding clinic has met the minimum state guidelines. In addition, many potential patients of freestanding ERs will be referred to a hospital-based emergency room before they even see a doctor or told incorrectly that payment must be made in full for any visit to the facility. We discovered some problems first-hand. An Ark-La-Tex.com reporter caUed Texarkana Emergency Center on Friday December 4 at approximately 3:35 am. The reporter asked what the cost would be for him to be seen for his knee injury without insurance. In a somewhat discouraging tone, an employee told him the entire visit would have to be paid for in full at the time of service with no billing option. The reporter asked how much it would cost, and he was not given an answer. Finally, the reporter asked if the center was required to treat him by law, and the woman paused and then gave a somewhat terse "yes." The call ended. The shocked reporter then called back a few minutes later. He asked the same employee how he would know if he could "pay in full" without being given a price, and she offered a fee of $250.00 to be evaluated by the doctor. Then, she said, the reporter would be advised of the additional cost for treatment before care was given. Around noon the next day on Saturday, December 5, the same reporter called Texarkana Emergency Center again and asked a different employee about the cost to have his knee treated. During this call, he was offered a free medical evaluation by a doctor which would be followed by an estimate of the cost of treatment. It is unknown whether our multiple inquiries for this article about the center in the previous 24 hours had caused a change of policy or if the discouraging employee had mistakenly provided incorrect information because the freestanding ER and the employees are all new. For the record, the medical staff of Texas freestanding ERs are required to medically evaluate any patients who present themselves with an emergency and stabilize their condition if needed -regardless if they are rich, poor or somewhere in between. Wealthy zip-codes Texas was the first state to allow freestanding ERs not attached to hospitals in 2009, but the legislature really meant for these facilities to be placed in rural areas in need of emergency rooms. There were only about 20 Texas freestanding ERs in 2010, and the number is closer to 200 in Texas today. However, it is not rural areas who are getting freestanding ERs, because affluent Texas suburban communities are where you will find the majority of these facilities. Because wealthier areas oflarger cities were home to most of the original group of freestanding ERs, now the freestanding ERs are branching out to higher income neighborhoods in mid-size Texas cities, such as Tyler, Longview and Texarkana. A study by the Texas Tribune in 2015 showed that the income-level of the neighborhoods with freestanding ERs is 49% above the average state income. This is no surprise because freestanding ERs need patients with private insurance who are then able to afford the balance not covered by insurance Health economist Vivian Ho of the Baker Institute for Public Policy at Rice University, said freestanding ERs will not be opening in lower income neighborhoods anytime soon. She said that patients in these communities would need to buy insurance and make sure it was in-network with the emergency center. Insurance confusion Because more and more freestanding ERs are being built in Texas, many of them are becoming more likely to be covered in-network by health insurance plans. However, most patients who arrive at freestanding ERs are out-of-network. Nevertheless, freestanding ERs have been helped by the "Prudent layperson standard," which was included in the "Patients Bill of Rights" of 1995. It allows a person to be medically evaluated if they believe they have an emergency medical condition, and this standard was adopted for Medicare patients in 1997. While health care companies and health insurance companies continue to debate the the "Prudent layperson standard," freestanding ERs are using this standard to force health insurance companies to pay for emergency care -even though some people use freestanding ERs for minor issues such as mild nasal congestion. Earlier this year, one woman complained to a Dallas Fort Worth TV news station about the cost for treatment of her runny nose. She just wanted some quick care for nasal drip so she could resume regular activities with her family over a holiday weekend, but her bill was $73 from the doctor plus a $980 facility fee from the freestanding ER. This will seem excessive to almost everyone, but some freestanding ER advocates argue that higher charges are justified because all patients are seen by an emergency room doctor and emergency staff-not a nurse practitioners, which is sometimes the case at urgent care centers. But freestanding ERs, which have been estimated to break even with an average of only 35-40 patients a day -compared to 150 patients on average for most hospital- based ERs -are sometimes more than happy to treat a stuffy nose complaint While some freestanding ERs will refer patients with this type of minor complaint to an urgent care, others will treat them with emergency care and charge the full rate of service. However, the cost differential can be startling to consumers, because care at freestanding ERs is covered under the emergency care provisions in private health insurance and not at the rates and co-pays assessed for doctor's visits or urgent care. To try and steer people away from seeking emergency care for inappropriate circumstances, many insurance companies make patients responsible for the first $500-$1500 (or more) of emergency care. While someone might have a $40 co-pay at an urgent care clinic, a patient might be responsible for a cost up to ten times at a freestanding ER. After insurance has paid its part of a trip to a freestanding emergency center, some patients are shocked to get a bill for the remaining cost of care from both the freestanding ER and possibly a separate bill from the doctor as well. Deciding where to get treatment Knowing when to go to a freestanding ER is one of the hardest things for consumers to understand based upon online discussions. We wanted to ask an industry spokesman directly, and Ark-La-Tex.com briefly spoke with Brad Shields, executive director of the Texas Association of Freestanding Emergency Centers (TAFEC). Unfortunately, it was a Friday afternoon and Shields was not able to talk, but we were put in touch with TAFEC board member Marysol Imler. She directs both operations and planning at Five StarER, which has several Texas locations. Imler said the best times to go to a freestanding ER are when a patient can't wait for a doctor's visit. "Freestanding emergency rooms are great options for severe stomach aches, chest pain, and orthopedic injuries, to name a few," she said. "Such facilities are typically capable of handling most any condition for which you might otherwise visit a hospital-based ER." Angela Evans, director of community education at Healthcare Express, said the new freestanding ERs are confusing to patients, and she has been trying to help educate consumers. "I do think it is confusing if you don't work in the industry," Evans said. "If you go to the Texarkana Emergency Center for a non-emergency, your co-pay will be much higher in most cases." Evans said insurance carriers prefer urgent care over freestanding ERs. "A lot of people don't know this, but your insurance carrier wants you to go to an urgent care, and patients will be seen in the order they arrived at urgent care," Evans said. "With emergency care, the patients with the most serious issues will be seen first." Healthcare Express is a growing, Texarkana-based company with several urgent care clinics in cities all around the Ark-La-Tex. They also own pain management, imaging and physical therapy clinics. Realizing the confusion, Angela Evans created an infographic for patients to use when deciding whether to utilize urgent care or emergency care. "If someone is suffering a major trauma, we will send them to local hospitals," she added. "But you will save time and money coming to us for most things." Evans said Healthcare Express will be moving to a 24-hour service commitment at its Richmond Road clinic in Texarkana beginning January 2, 2016. "It was feedback from our patients that helped us decide to make this change," she said. "If your child is suffering a high fever in the middle of the night, there will now be a cost-effective place to go." Tonya Dubois, a physician's assistant and owner of Exceed Urgent Care at 3725 Mall Drive in Texarkana, also said the opening of the Texarkana Emergency Center had created some confusion, and she said patients need to look at the huge difference in insurance co-pays when utilizing urgent care versus freestanding ERs. "People I have talked to don't realize that you will be paying emergency room prices at freestanding ERs, and our co-pays are significantly less at an urgent care," Dubois said. "We have contracted with insurance so we have to charge you what we have already agreed, and we accept Medicare. Since we have already negotiated with insurance companies, it protects the consumer from surprise medical bills for emergency care that insurance won't pay for." With Excel ER moving into the Texarkana market soon, there is the possibility that some customers could confuse Excel ER with the urgent care center named "Exceed" that she owns. However, Dubois has a simple response for that. "If it's non-life- threatening, come to urgent care," she said. Partnering with hospitals Freestanding emergency rooms present a difficult conundrum for hospitals. On the one hand, the new, freestanding ERs provide competition to their hospital emergency rooms. However, the new facilities can also feed more patients to hospitals. Nevertheless, all of the new, area freestanding ERs must work with local hospitals to treat patients which have problems outside of their capabilities or patients in need of care for more than 23 hours. Local freestanding ERs can stabilize and observe patients for up to 23 hours, but a hospital stay is required for any time longer than that because it is considered inpatient care. Ark-La-Tex. com spoke with representatives from both of the major hospitals in Texarkana about the confusion generated by the press coverage of the new Texarkana Emergency Center. Some citizens believed the new center was officially affiliated with at least one of the local hospitals, because some news reports discussed the cooperation between local hospitals and the new freestanding ER. Shelby Brown, director of marketing at Wadley Regional Medical Center, said her hospital wants to work with all emergency services in the area, including ambulance services and the new Texarkana Emergency Center. "We want great relations with everyone in the healthcare market," she said. "If a freestanding ER has a patient that needs to be hospitalized, we want to care for them." Brown also said that patients should remember that Wadley was the Four States Area's first certified stroke center. "We want everyone to know that we offer stroke victims timely care to make sure they are taken care of with the best emergency care that results in the least amount of debilitation possible," she added. Wadley Regional Medical Center recently purchased 55 acres near Gander Mountain and close to I-30, but the hospital is not commenting on plans for the acreage as it makes plans for future growth in Texarkana. Francine Francis, director of marketing and community relations at Christus St. Michael Health System, said her hospital has good relations with the new Texarkana Emergency Center. She said the hospital had already received a few patients from the center. "I can certainly confirm that they have admitted patients," Francis said. "Our relationship is that we are available for transfer for conditions that are more serious and when a patient needs to be admitted to the hospital." The community relations director admitted it was difficult for prospective patients to know where to go for emergency care with the new options. "It is very dependent on the level of care that you need," Francis said. "But if you have something that is fairly serious like a heart attack or stroke, this is where a hospital emergency room can help. We have significant in-house resources and specialists-including surgical specialists -that can be available immediately because they are on call24/7." Hospitals are also moving into the freestanding ER space, and Francis said she "doesn't know if there is a possibility" that Christus St. Michael might one day open a freestanding ER. The University of Colorado Health System purchased a majority stake in more than a dozen Colorado freestanding ERs owned by Lewisville, Texas- based Adeptus Health. Adeptus operates Flower Mound, Texas-based First Choice Emergency Rooms with more than so freestanding ERs. Industry experts expect more health systems to branch out with freestanding emergency rooms if the trend proves financially lucrative and helpful to the community. Indeed, some of the new Ark-La- Tex-owned, for-profit ERs could be purchased by hospitals and health care centers in the coming years. We reached out to the freestanding ERs purchased by UC Health System and were surprised to learn that they still do not accept Medicare and are also still under the auspices of a corporate office in Texas according to a person answering the phone at one of the freestanding ERs. Legislative action In early 2015, State Sen. Charles Schwertner (R-Georgetown), an orthopedic surgeon, said he had grown tired of hearing about "sticker shock" for relatively minor medical problems from freestanding ERs. Schwertner said he was "regularly" hearing from constituents who were confused about whether a facility was an urgent care or a freestanding emergency room. The senator said that "confusion quickly turns to frustration and anger" when a large unexpected bill arrives from a freestanding ER. To help alleviate at least some of the problems, Schwertner authored Texas Senate Bill425 (SB425) in the 84th Legislature that required freestanding ERs to post important information about their services so Texas consumers would know that they would be paying for emergency services and not urgent care. The bill was passed by both the Texas Senate and Texas House and was signed by Governor Greg Abbott-effective September 1, Cha1'les Schwertner, State Senator, R -Georgetown, Orthopedic Sur·geon 2015. The law requires freestanding ERs to place vital information prominently in their office and on their website no later than January 2, 2016. Freestanding ERs must each post that: • The facility is an emergency room. • The facility charges rates comparable to a hospital emergency department, including a possible facility fee. • The physician may bill separately from the facility. • The facility and facility-based physicians may not be a participating provider in an individual's h ealth plan network. Gary VanDeaver, who represents Texarkana in the Texas House of Representatives, voted for the provision, and he told Arlc-La- Tex.com that area families deserved the consumer protection. "To me, it is just wise from a truth in advertising perspective that people know up-front what kind of service they will be getting and what they will be paying," VanDeaver said. As previously mentioned, the state of Colorado has also seen Ga1·y VanDeaver, massive growth in freestanding ERs, but legislation has been faster State in Texas. Chris Vanderveen, a Denver area TV news reporter from Representative, station KUSA, said a move from legislators in his state might come R-New Boston about in the next year. Irene Aguilar, a Colorado state senator (D-Denver), said her state had traditionally embraced healthcare and freestanding emergency rooms without added regulations since some facilities would open during busy tourist times -for instance, during ski season. However, she told the reporter that the rules that were intended for rural areas needing emergency care may have "played into the business model" of freestanding ERs opening in the wealthiest suburban areas of Colorado. Experts predict the state will have 35-40 freestanding ERs by the summer of 2016. The benefits of freestanding emergency rooms For all the talk about the cost of freestanding ERs, it is clear that they have saved lives and will continue to do so. While some freestanding emergency rooms might be confused by consumers as an urgent care center, it appears that Texarkana Emergency Center has gone out of its way to look like an emergency room. Indeed, at night, the location could be easily confused as a hospital-based emergency room with its tall40" illuminated letters that proclaim "ER" on three sides along with a large medical cross. Lit signs simply saying "Emergency" with arrows also direct potential patients into the parking lot, and the location has a large ambulance entrance on the side of the building nearest the Texarkana Convention Center. Besides being popular in the city of Texarkana, the medical director of the Texarkana Emergency Center, Matt Young, has an unmistakably friendly, Texarkana drawl, which is somewhat reminiscent of Ross Perot, who also grew up in the Highland Park area of the city and was a boyhood friend of Young's late father, Mitchell. By all accounts, virtually everyone spoken to by Ark-La-Tex. com seems to agree that going to see a well-respected and trusted doctor such as Young in an emergency situation is "worth every penny" -to quote one Texarkana citizen we spoke with at a local medical office. And even the most vocal critics of freestanding ERs usually will admit that there is a place in the healthcare marketplace for freestanding ERs. "We are more patient friendly, and you don't have to park in a remote parking lot" Young told us. "We can do as much as a hospital-based emergency room." Young also pointed to his freestanding ER's waiting times of ten minutes or less as a major point of difference in the local healthcare market. "The biggest reason for the rise in freestanding ERs is patient waiting times, and with Texarkana Emergency Center you are getting the cream of the crop in people and facilities," he said. The slogan for the facility is "Real ER without the wait," and the medical director defended the use of the phrase. "We are a real ER without the wait up to the point of hospitalization," Young said. With a trusted local doctor and shimmering new facilities, this particular freestanding ER could and should be a shining star for the industry in the state of Texas. With millions spent on the new facility (Young would not give exact figures), many customers in the Texarkana area say they know it is emergency care, and they are willing to pay the price when it comes to an emergency with their friends or family. "We made a huge investment in the healthcare of our community, and we are now part of the community's healthcare." Young said. Marysol Imler, board member of the Texas Association of Freestanding Emergency Centers, also pointed out the benefits of the Texas facilities. "Freestanding ERs are equipped to provide quick, convenient emergency medical care in a comfortable environment," Imler said. "The combination of in-house x-ray, ultrasound, CT imaging, and onsite laboratory services (not typically available in an urgent care setting) gives physicians in freestanding ERs the information they need to rapidly diagnose and treat a medical emergency. Like traditional emergency rooms, freestanding ERs are open 24/7." A s long as Ark-La-Tex consumers have the facts, freestanding ERs can make a positive impact in communities. However, the emergence of these facilities has led local healthcare industry officials to ask even more questions: Will there be enough emergency doctors? And, if so, where will they come from? Will more doctors leave hospital-based emergency rooms or will emergency doctors from outside Texas fill the void? If doctors leave hospitals, it is a serious public health matter, because Texas citizens in the most peril and in need of care usually end up in hospital-based emergency rooms. And the exit of some doctors in hospital emergency rooms has already happened in Houston, Dallas and Corpus Christi, where freestanding ERs have been present in the health marketplace for some time. Nevertheless, patients walking out of Texarkana Emergency Center seem to be pleased with a high level of care, and medial director Matt Young's rave reviews might easily have patients clamoring for his attention at virtually any price with his admirable aim of fast, comfortable, concierge care for every patient. Moreover, price is not an object to many people when it comes to the sickness of a child or a grandmother who has a bad case of flu and needs intravenous hydration at a freestanding ER -especially since many Ark-La-Tex residents die every year from flu. However, potential patients should educate themselves at the start of each year about their own insurance co-pay for emergency care versus doctor visits or urgent care. With this information, Texas healthcare consumers will have all the information they need to make informed decisions about care. For a topic that sparks so much confusion, one thing is clear: Freestanding ERs have already started to disrupt the healthcare market in Northeast Texas, and the long- term consequences of the presence of multiple facilities in Texarkana, Tyler and Longview could have a lasting impact on patient care, availability of doctors, insurance cost and patient pocketbooks for the foreseeable future. In the meantime, Matt Young and his staff are at their center across from Central Mall waiting for patients right now, and it is very likely that informed consumers who know the price of emergency care will continue to offer high praise for a well-run, customer-centric freestanding ER. But less informed consumers at any freestanding ER could be in for a real expensive surprise. ©Ark-La-Tex.com About the author: J Jones is a graduate of the Walter J Lemke School of Journalism at the University of Arkansas-Fayetteville. His articles have appeared in over 500 newspapers in the United States, including some of the largest newspapers in America (USA Today and the Chicago Sun-Times) and smallest ones in Arkansas while covering Bill Clinton as governor. He has been a proud resident of the Ark-La-Tex since his childhood. @ 2016 Ark-La-Tex.com News All rights reserved. Buyer beware: Freestanding emergency rooms 9WANTS TO KNOW SPENT MONTHS LOOKING INTO THE BILLING PRACTICES OF SO- CALLED FREESTANDING EMERGENCY ROOMS, NAMED BECAUSE THEY ARE NOT ATTACHED TO HOSPITALS. Chris Vanderveen KUSA Ustaff/18179/chrts-vaoderveeol SHARE THIS STORY 2.'28 Cbttp;/IWWW focabggk rpml•horw php? u.bftpi..'Wtwww 2Mwa rAMpcv/otWJ/begltbOQ15fflD61frM•tqnctlog· •mtm•ncv: rhttpa•JttwtnMt(oWimznh Obcarw? rpomsJZ58724+MttpS.WAoW ?WI ' ,...,..,ObewgatMAJ20FrMJtpnd!nAS20t mtmt neyS20room.&y!, KUSA -They are popp1ng up In places once taken up by Blockbuster Video and Chills freestanding emergency rooms Supporters say the explosive growth of freestanding ERs is good for consumers Cnllcs point to people like Jeff Nixon as proof of a costly downside. Nixon. a deck builder, got a splinter in his thumb In April Unable to pry It out himself. he went to a First Cho1ce ER near South Kipling Parkway and West Bowles Avenue In an hour, the splinter was out "Yeah, they were n1ce enough." N1xon said A month later, he opened h1s bill, and no longer considered the staff "nice enough." "Yeah. ended up being S3.690 to get a sliver taken out of my thumb." he sa1d. Technically. after his insurance ktcked 1n, his bill came out to S2.301 60. He complained repeatedly but was told over and over again he would have to pay it. "I wish It was a joke," he sa1d. 9Wants to Know spent months looking into the billing practices of so-called freestanding emergency rooms. named because they are not attached to hosp1tals Wlat was found is a situation that should be considered a consumer alert. How much was your fre&-standmg emerpency room bill? Send us your bill by uSing th1s form http I..WWW 9news.com/storvlnewSihealth/201511111M1ow-mucl1-wes-vour-ument- car&-blllll56570321 lhttp:IN/Ww. 9news.comlstorvlnewsAleal/h/2015111/1 Mlow-much-was- vovr-uroent-catp-bl/1175657032/2 or ema1/ showusyourbllls@9news.com 9NEWS How much was vour yraeot core bill? (hnp:l/wiHI 9nells.com/stor~/ne\\ ~lheallhl20 15111/16/how-much·ll as-\our- urgent-care·bllla5657032D (C> 2015 KUSA) 9NEWS al• p.m. 11/17/16. SHARETHIS STORY 2,428 !htto:Jlwww.fgqbook cpmhbcuw pbp? u.bnpJ.Mifwww OrwmcpWtnrylrwall:wghbJ20§01114/frMnonctrQFt: •awrgencv: CbStpa·«twrnMttC!Wl • fh Cbqra? ·-- C 2016 9News-lV In other words. a patient with a low-level problem should not be b111ed at an emergency-room rate Injured in an Accident? » Nted an Attorney? We Htlp Injured People • 0 0 D Urgent ca re vs. emergency roo m care Dr. Vivian Ho works at Rice University's Baker Institute for Public Polley and has been a vocal Critic of the freestanding emergency room model. "Under the current model. I think freestanding emergency rooms are rely1ng on an uninformed patient to make the profits they are eam1ng nght now; she sa1d "For most people, I don't think they're good." Anthem Blue Cross/Blue Shield of Colorado estimates 60 to 70 percent of their customers who go 10 freestanding emergency rooms have conditions that could be treated In urgent cares. The Insurance company also says the average bill from a Colorado urgent care Is close to $200. The average bill at a freestanding emergency room is closer to $2,300. Dr Ho said. in the end, it's largely up to the patient to know more about h1s or her health Insurance plan. l'he more informai!On we can get to consumers and patients about pnces of heallh·care services. the better they'll be able to choose a dodor or other health care proVIder." Dr. Ho said. Dr. Zane said more transparency Is coming. "I think cost transparency Is something that's talked about often in medicine, and I think the more transparent we are the better." Dr Zane said Dr Richard Zane heads UCHealth ER and told 9Wants to Know the bills are in line with Industry standards. "The cost of Jennifer Martin (Photo PNEWSI emergency care is relatiVely the same whether you go to a freestanding emergency department or a hospital-based emergency department." Or. Zane said "And we Clearly say we are an emergency department. We are unamb1guous about being an emergency department Each of the UCHealth ERs has a CT scan. X-ray. and board certified emergency room physicians In the building at all hours of the day. There IS a cost associated with that level of care." 9Wants To Know asked Dr. Zane if the bill for Nixon's splinter removal seemed a bit excessive. "I can't tell you specifics about specific patients, but there is a cost assoCiated with health care." he replied. Currently, the only Insurance that Is 1n network with UCHealth ER IS Anthem Blue Cross/Blue Shield Dr. Zane said there are plans to add more insurance companies to "in· network" care soon In addition. UCHealth ER does not take Medicare. Medicaid or Tr!Care. Dr. Zane sa1d that should change sometime in 2016. tHEWS at9 p.m. 11/18/15. Injured in an Accident?» Need an Attomey? We Help Injured People • 0 0 D Courteous yet confused staff • Over the course of a month-and-a-half, 9Wants to Know VISited mne freestanding emergency rooms along the Front Range w1th undercover cameras. EaCh time 9Wants To Know walked in the door. workers greeted us wrth the same sentence. "Welcome to our emergency room." Signs notrng the buildings were ·emergency rooms" were In a number of v1sible locations. 9Wants To Know went in looking for specifics about billing pracbces Each time, it was told roughly the same story: "It depends on the level of care • "We wouldn't be able to give you a price if that's what you're asking. • another said. It's the quandary associated with health care in general It's nearly Impossible to know what the cost will be before treatment is received The problem exists at a time when many people are srgning on or being forced Into high· deductible health-insurance plans that put them on the hook for thousands out of their own pockets at first Nixon assumed his splrnter removal mrght run hrm a few hundred dollars Doug Linder visited a UCHealth ER In August wfth a ~~ finger He never anticipated his bill for a few sllches would lead to a bill of more than $3,000. "We had no Idea we were going to get slammed with this." his wife Teresa said "Honestly, it just sucks." A few employees at UCHealth ER did tell us they try to be honest wrth patients who might be better served at an urgent care "I try to let people know that. because I don't want you to get a $6,000 bill in the mail for your kid having a strep throat." one said. Another told us of a few urgent-are clinics nearby. Others acknowledged patrents remarn confused. "I actually had a patient tell me once. 'Oh, I thought you were just calling yourself an emergency room to be ~te,• another admitted Dr. Zane sard the UCHealth ERs couldn't be more transparent however. As for ambiguity of cost. he said, It's an Issue with health care In general "It's probably true for most of health care." Dr. Zane said Centura Health, in an effort to bill "based on the level of seMce, • announced It plans on opening four hybrid urgent carelfreestandrng emergency rooms. The model, conceivably, would allow patients with, for example, splinters in their thumbs to go to the lower cost urgent care for service. "We are treabng the patient atlhe level they need." Jennifer Wills, spokesperson for Centura. said. "If they need urgent care. they will be seen at the urgent care level." Dt. Richard Zane They ..-o popping up In places once taken up by Blockbuattr VIdeo and Chili a: freestanding emergency roomL tNEWS at t p.m. 11/16116. Colorado is promoting massive growth of freestanding ERs At the start of 2012, Colorado had two freestanding emergency rooms. As of November 2015, there are 24 MAP: INhere are the freestanding ERs and urgent cares in your neighborhood: hnp:J/on9news tv/1 NXIw2F. Chno:J/on9news.IV/1 NX1w2Fl 9NEWS MAP: Where are the treestaodtoq ER and Urqeot Cares jo you c De!Qhborhood? lhnpi/ww\\ .9nt:\\S.com/~torv/nc\\ ~fhenlth/20 15/II/16Jmap-\\ here-are-the· frccstandeng-sr-and-urgcnt-cms-in-vour-ncjghborh09df7565219KD According to records and company announcements reviewed by 9Wants to Know, there will be at least 35 by the summer of 2016. "I think our rural areas set us up to have rules that may have Inadvertently played into the business model," Colorado State Senator Irene Aguilar (0-Denver) said. Sen. Agutlar explained that, historically. Colorado has embraced and hesitated to regulate freestanding ERs because the state didn't want to dissuade any from going into areas that meght not have the kind of population to support a hospital. It was not uncommon. for example. for freestanding emergency rooms to open seasonally in ski areas Also in Colorado, there is no requirement for operators to seek what's known as a Certificate of Need In states where one is required, operators must prove to government regulators of the need for a medical facility in a partcular area. The assumption is overbuilding can lead to an unnecessary Increase of health-care cost as operators raise prices to justify building and equipment purctlases. Many free-market supporters feel the regulation is unnecessary as it limits competition. Sen Aguilar disagrees, and in 2014. she sponsored legislation to make it more difficult to run freestanding ERs. "I personally think their billing practices are unethical I th1nk they're tak1ng advantage of a loophole we have in our law; she said Son a tor Irene Aguilar (0-Donvort (Pr>oto PNEWSI That 1oophole" allows freestanding ERs to ctlarge what's known as a facility fee to every patient who receives care Hospitals have long ctlarged facility fees to justify the 24-hour nature of ERs as well as the fact that, under federal law, all ERs have to screen patients no matter of their ability to pay. While that law applies to freestanding emergency rooms as well. critics suggest many freestanding ER owners ctlerry-picll areas of the state where people are more inclined to have insurance In addition. the freestanding ERs typtcally send pa!Jents. sometimes via a costly ambulance ride. to hospttals when somethtng hke a surgery is required Sen Agutlar tried and failed to convtnce the legislature to forbid freestanding ERs to ctlarge facility fees in 2014. 9Wants to Know has obtained bills from patients which show the facility charge at the state's largest ctlain of freestanding ERs to be anywhere from $700 to $6,200. UCHealth ER bought the maJOrity stake in all of the First Choice ERs In Colorado earlier In 2015 It now operates 14 freestanding ERs w•th plans to build more. Jennifer Marlin went to a First Choice ER 111 June Her b1ll shows a faCility charge of S6.237 She came there with shortness of breath "I thought It was an asthma attacll or an allergic reaction." she said. She said the staff was friendly and ran numerous tests to try to ftgure out what was go•ng on. but "ultimately they sent me home and told me I needed to relax • A few weeks later, she opened her b1ll and nearly fainted. "I just feel like 11 was misleading." she said ""4~ .. .,. City of .. fP.':Wheat&_dge ~OLICE DEPARTMENT TO: VIA: FROM: DATE: SUBJECT: ISSUE Memorandum Mayor Jay and City Council Patrick Goff, City Manager.~ Daniel Brennan, Chief of Police Mark Cooney, Commander Support Services Division January 25,2016 (for February 8, 201 6) Staff Report -Amendment to Ordinance for Pawn Shops and Secondhand Dealers Article Vll of Chapter II ofthe Wheat Ridge Code of Laws was originall y adopted in 1994 and set forth requirements for pawn brokers. In 2006, the State Legislature set requirements for secondhand dealers that mirrored the requirements for pawnbrokers. The current requirements on pawn shops through municipal ordinance are no longer effective in assisting with criminal investigations and prosecutions. Several municipalities throughout the Denver Metropolitan Area have made changes to their ordinances pertaining to pawn shops and secondhand dealers as a result of technological advances and the need for additional documentation to successfull y prosecute criminal cases regarding the sale of stolen property. Staff has reviewed best practices and technology advances and worked with the City Attorney on amending these ordinances. PRIOR ACTION ln 1994, City Council approved an ordinance which set forth requirements for pawn brokers. In 1996, the ordinance was amended to clarify identification information required on paperwork to include date of birth, signature and fingerprint of customers. In 1997, Council passed an ordinance, which included a pawn transaction fee to assist in covering staff costs for tracking pawned property. In 2000, the ordinance was amended to include requirements on the type of identification necessary to retrieve pawned items. In 2010, the ordinance was amended to include a requirement for videotaping transactions. FINANCIAL IMPACT There is no direct financial impact to the City for th is proposal: however, it will save time for detectives and professional staff responsible for these investigations. Leads Online is th e current online database that the Wheat Ridge Police Department (WRPD) uses to track and query pawned/sold secondhand goods. Leads Online does not charge pawnshops or secondhand dealers any type of a fee. The only fee they collect is from the end user, usually the law enforcement agency who is seeking the infonnation. WRPD currently pays $3,700 for the system. There is no anticipated change to that fee with this change in usage. Leads Online is a proven resource in the identification and recovery of stolen property. Staff Report-Pawn Ordinance January 25, 2016 Page 2 BACKGROUND For several years, the City has required pawnbrokers to obtain identification from customers when taking in valuable articles. The requirements were consistent with the information necessary to prosecute a person who was attempting to sell stolen property under Colorado Revised Statutes 12-56-104 and 18-1.3-11 4. Fonns were provided to the pawn shops for these purposes. lnfonnatioo included requests for serial numbers on the items, as well as identifying information for the seller. This allowed the police department to determine if the property was stolen. An additional requirement of a fingerprint was added approximately ten years ago. In 2006, the state set requirements for secondhand dealers that mandated similar transaction records. Wheat Ridge provided forms for secondhand dealers to compl y wi.th these requirements. Current technology allows for a more efficient manner to accomplish the same objectives, and allow for greater likelihood that stolen property will be recovered and the seller prosecuted. Some of the issues that have recently made the filing of these cases difficult include the poor quality of fingerprints obtained on pawn slips, that when evaluated by the crime lab, are unidentifiable. ln addressing these issues, local municipalities, to include the cities of Lakewood, Englewood and Thornton now require pawn shops and secondhand dealers operating within their jurisdictions to capture a digital image of anyone selling or pawning property, and require them to participate in an online reporting service of the police department's choosing, wh ich is currently Leads Online. Leads Online supports thousands of law enforcement agencies and businesses across the country. It provid es a tool for businesses and investigators to locate stolen property and return it to its rightful owner. Wheat Ridge Detectives have successfully used Leads Online to assist with the recovery of stolen property from pawn shops. The recovery bas been slowed down and more cumbersome than in some agencies, due to administrative personnel being forced to manually enter or veri fy information obtained from pawn slips or secondhand property records. In July 2015, detectives conducted a public meeting on the impact of the proposed changes to the municipal code. They invited all affected businesses within the City. The businesses supported the changes, and did not express hardships. The pawnshops that also operate in other jurisdj ctions stated that it would make things easier, as other jurisdictions require these procedures. The impacted businesses that were unable to attend the meeting were visited in person. Again, there were no hardships or adverse impacts expressed. Staff has attached the proposed amendments to Article VU Chapter I I of the Wheat Rid ge Code of Laws for your review. RECOMMENDATIONS In order to assist in the criminal prosecution of individuals who pawn/sell stolen merchandise, staff is proposing that City Council approve the following amendments to Article Vll, Chapter 11 of the Wheat Ridge Code of Laws. • Require all pawnshops to maintain a computer system with internet access capability. Pawnbrokers and secondhand dealers shall maintain a sub scription to an online reporting Staff Report-Pawn Ordinance January 25, 201 6 Page 3 service of the police department's choosing. The pawnbroker/secondhand dealer shall upload all information from the pawnbroker's books and records regarding contracts fo r purchase, pledges and purchase transactions to tl1e online reporting service and insure the police department has access to the data on a daily basis during the term of the pawnbroker's and secondhand dealer's license. This would ensure consistency for all pawnshops and secondhand dealers in Wheat Ridge and would bring our shops into alignment witll others in the metro area to include those operating in tl1e cities of Lakewood, Englewood and Thornton. • Require all pawnshops and secondhand dealers to capture a digital photograph of persons pawning/selling property and save in a database of tl1e police depattment's choosing. Other citi es, including Lakewood, Thornton and Englewood currently have trus requirement. This requirement can be of great aid to an investigation when a fingerprint on a pawn slip is of poor quality, or when immediate positive identification of a pawner/seller would aid in obtaining search warrants for stolen property. • Require all pawnshops and secondhand dealers to refrain from removing/deleting any digital data that may be stored on an electronic device for 30 days. TI1is requirement would aid in identifying the personal property of victims in cases where serial numbers are not availabl e. Additionally, it is appropriate that victims have a chance of recovering stolen prope11y intact, and th.is change to the ordinance would aid in recovery. • Change tl1e title of Article VII, Chapter II of the City of Wheat Ridge Code of Laws from "Pawnbrokers'' to "Pawnbrokers and Secondhand Dealers." This will be a more accurate description of who the ordinance applies to. • Add the definition "Secondhand Dealer -A person engaged in the business of buying and selling or reselling secondhand goods." This definition is not cunently present in the existing ordinance. Attachments: I. Draft of ordinance amending Article VII Chapter 11 of the Wheat Ridge Code of Laws. MC/db/ck CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER------ COUNCIL BILL NO.---- ORDINANCE NO. ___ _ Series of 2016 TITLE: AN ORDINANCE AMENDING THE TITLE OF ARTICLE VII OF CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING PAWNBROKERS, AND SECTIONS 11-170, 11-171, 11-183, 11-184, 11-186, 11-189 AND 11-191 THEREOF, TO AMEND CERTAIN PAWNBROKER REQUIREMENTS AND TO ESTABLISH SECONDHAND DEALER REQUIREMENTS WHEREAS, the City of Wheat Ridge, Colorado (the City), acting through its City Council, possesses the authority to enact ordinances for the protection of the public health, safety and welfare and for the regulation of businesses within the City; and WHEREAS, pursuant to the City's home rule authority and C.R.S . §§ 31 -15-401 and 31-15-501 , the Council previously adopted regulations governing pawnbrokers, codified as Article VII of Chapter 11 of the Wheat Ridge Code of Laws (the "Code"); and WHEREAS, said regulations are designed to deter and detect the use of pawnbroker businesses to traffic stolen property and instrumentalities of crime; and WHEREAS, the Council finds and determines that business enterprises known as secondhand dealers face a risk similar to that faced by pawnbrokers of having their legitimate business enterprise used as a tool to traffic stolen property or otherwise conceal criminal activity; and WHEREAS, in the interest of deterring and detecting crim inal activity conducted in association with secondhand dealers, the Council finds that it is necessary and appropriate to impose certain transaction and reporting requirements upon secondhand dealers that are similar to those imposed upon pawnbrokers; and WHEREAS, as technology has advanced and made information-sharing between and among law enforcement agencies more available and immediate, the Council finds that it would serve the public safety and welfare to update the existing reporting requirements in Article VII of Chapter 11 to require digital photographs and the uploading of information to an internet database, all as further set forth herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The title of Article VII of Chapter 11 of the Wheat Ridge Code of Laws is hereby amended to read in its entirety as follows: ARTICLE VII.-PAWNBROKERS AND SECONDHAND DEALERS Attachment 1 Section 2. Section 11-170 of the Wheat Ridge Code of Laws, concerning definitions applicable to Article VII of Chapter 11 thereof, is hereby amended by the addition of the following new definitions, to be inserted within said Section 11-170 in alphabetical order: ON-LINE REPORTING SERVICE: THE ON-LINE REPORTING SERVICE AND DATABASE DESIGNATED FROM TIME TO TIME BY THE POLICE DEPARTMENT, THE USE OF WHICH MUST BE AVAILABLE TO PAWNBROKERS AND SECONDHAND DEALERS AT NO COST. SECONDHAND GOODS: INCLUDES ANY TANGIBLE PERSONAL PROPERTY NOT SOLD AS NEW AND NORMALLY HAVING BEEN USED BY ONE (1) OR MORE INTERMEDIARIES. SECONDHAND GOODS DOES NOT INCLUDE ITEMS THAT WERE SOLD AS NEW AND RETURNED BY THE CUSTOMER FOR EXCHANGE OR REFUND. SECONDHAND GOODS INCLUDES BUT IS NOT LIMITED TO TOOLS AND ELECTRONIC DEVICES. SECONDHAND GOODS DOES NOT INCLUDE RECONDITIONED PROPERTY PURCHASED FROM A WHOLESALER. SECONDHAND DEALER: A PERSON ENGAGED IN THE BUSINESS OF BUYING AND SELLING OR RESELLING SECONDHAND GOODS. Section 3. Section 11-170 of the Wheat Ridge Code of Laws, concerning definitions applicable to Article VII of Chapter 11 thereof, is hereby amended by amending the definition of "purchase transaction" set forth thereunder as follows: Purchase transaction: The purchase by a pawnbroker OR SECONDHAND DEALER in the course of business of tangible personal property for resale, other than newly manufactured tangible personal property which has not previously been sold at retail , when such purchase does not constitute a contract for purchase. Section 4. Section 11-171 of the Wheat Ridge Code of Laws, concerning compliance with Article VII of Chapter 11 , is hereby amended as follows: Sec. 11-171.-Compliance; license required. It is unlawful for any person to engage in the business of pawnbroking except as provided in and authorized by this article and without first having obtained an annually renewable and nontransferable pawnbroker's license issued by the city. IT IS UNLAWFUL FOR A SECONDHAND DEALER TO FAIL TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THIS ARTICLE. A SECONDHAND 2 DEALER IS NOT REQUIRED TO OBTAIN A LICENSE PURSUANT TO THIS ARTICLE. Section 5. Section 11-1 83 of the Wheat Ridge Code of Laws, concerning required acts of pawnbrokers, is hereby amended as follows: Sec. 11-183. Required acts of pawnbrokers AND SECONDHAND DEALERS. (a) Register, required information; declaration of ownership or power to sell. Every pawnbroker AND SECONDHAND DEALER shall keep a numerical register in which shall be recorded the following information: the name, address and date of birth of the customer; the customer's driver's license number or other identification which is allowed for sale of valuable articles pursuant to C.R.S ., § 18-6-103, or for the sale of secondhand property pursuant to C.R.S ., § 18-13- 114; the date, time and place of the contract for purchase or purchase transaction ; and an accurate and detailed account and description of each item of tangible personal property, including, but not limited to, any and all trademarks, identification numbers, serial numbers, model numbers, brand names, owner's identification numbers and other identifying marks on such property. The pawnbroker OR SECONDHAND DEALER shall also obtain a written declaration of the customer's ownership, which shall state whether the tangible personal property is totally owned by the customer or shall have attached to such declaration a power of sale from the partial owner to the customer, how long the customer has owned the property, whether the customer or someone else found the property, and, if the property was found , the details of the finding. (b) Recording of purchase. If the contract for purchase or the purchase transaction involves more than one item, each item shall be recorded on the pawnbroker's register and on the customer's declaration of ownership. (c) Signature of customer. The customer shall sign his or her name in such register and on the declaration of ownership and receive a copy of the contract of purchase or a receipt of the purchase transaction. The declaration of ownership (customer signature) must appear on each page of the contract. (D) DIGITAL PHOTOGRAPH OF CUSTOMER: FOR EACH CONTRACT FOR PURCHASE OR PURCHASE TRANSACTION, THE PAWNBROKER OR SECONDHAND DEALER SHALL CAPTURE A DIGITAL PHOTOGRAPH THAT PROVIDES A CLEAR AND UNOBSTRUCTED VIEW OF THE SELLER'S FACE. (E) UPLOADING INFORMATION: EACH PAWNBROKER AND SECONDHAND DEALER SHALL UPLOAD ALL INFORMATION CONTAINED IN THE REGISTER REQU IRED BY SUBSECTIONS (A) THROUGH (C) HEREOF, AS WELL AS THE DIGITAL PHOTOGRAPH REQUIRED BY SUBSECTION (D) HEREOF , TO THE ON-LINE REPORTING SERVICE FOR EACH CONTRACT 3 FOR PURCHASE AND PURCHASE TRANSACTION INVOLVING AN ITEM PURCHASED FOR THIRTY DOLLARS ($30.00) OR MORE. NO LATER THAN THE CLOSE OF BUSINESS OF THE BUSINESS DAY DURING WHICH THE CONTRACT WAS ENTERED INTO OR THE PURCHASE TRANSACTION OCCURRED. (a F) Inspection of register by law enforcement agencies. The register shall be made available to any local law enforcement agency for inspection upon request at any reasonable time. (e G) Preservation of registers. Every pawnbroker AND SECONDHAND DEALER shall keep each register for at least three (3) years after the date of the last transaction entered in the register. (f H) Disposition of goods upon maturity of contract for purchase. Every pawnbroker shall hold all goods obtained pursuant to a contract for purchase within his or her jurisdiction for a period of ten (10) days following the maturity date of the contract for purchase, during which time such goods shall be held separate and apart from any other tangible personal property, shall not be displayed to the public and shall not be changed in form or altered in any way. (§ I) Disposition of purchased property. Every pawnbroker AND SECONDHAND DEALER shall hold all property purchased by him or her through a purchase transaction for thirty (30) days following the date of purchase, during which time such property shall be held separate and apart from any other tangible personal property, shall not be displayed to the public and shall not be changed in form or altered in any way. (R J) Provision of records to law enforcement. Every pawnbroker AND SECONDHAND DEALER shall provide the police department, on a weekly basis, with a record of all tangible personal property accepted during the preceding week, including the customer's declaration of ownership. Such records shall be submitted in electronic form, or such other form and number as approved from time to time by the police department, and shall contain the same information required to be recorded in the pawnbroker's register pursuant to subsection (a) of this section. The pawnbroker shall obtain the right index fingerprint from the customer and affix it to a box provided for that purpose on the form. The police department shall designate the day of the week on which the records and declarations shall be submitted. (~ K) Provision for safekeeping. Every pawnbroker AND SECONDHAND DEALER shall provide a safe place for keeping the tangible personal property of the customers. 4 (j L) Firearms. Every pawnbroker AND SECONDHAND DEALER shall clear, through the police department, prior to release , all firearms, other than those which are newly manufactured and which have not been previously sold at retail. (* M) Videotaping of transactions. Every pawnbroker AND SECONDHAND DEALER shall videotape all transactions, including those which do not result in a contract for purchase or purchase transaction. The videotape shall be in a format approved by the police department and of such quality that it visibly displays the item(s) and an identifiable frontal image of the customer. Any such videotapes shall be kept by the pawnbroker OR SECONDHAND DEALER for a minimum of ninety (90) days and shall be subject to police review. If the videotape contains photographic evidence, as determined by the police department, it shall be kept by the pawnbroker OR SECONDHAND DEALER for one hundred eighty (180) days. (t N) Fee for transaction forms. Every pawnbroker AND SECONDHAND DEALER shall pay to the city a fee for every transaction form. This fee shall be determined by the city and set by resolution. (m 0) Redemption of property. The redemption of pawned property may be made only by the person who originally pawned the property. Every pawnbroker shall ensure that the property is released only to the original pawner. Every pawnbroker shall verify the pawner's identity upon redemption of the contract for purchase, via acceptable identification. (R P) Preservation of records and provision of reports. Every pawnbroker AND SECONDHAND DEALER shall, at his or her expense, keep records or provide reports in such manner and by such methods as may be determined from time to time by the police department. The pawnbroker OR SECONDHAND DEALER shall provide the police department with a list of employees, their dates of birth and their employee identification numbers. Section 6. Section 11-184 of the Wheat Ridge Code of Laws, concerning identification required for a contract for purchase or purchase transaction, is hereby amended as follows: Sec. 11-184. Identification acceptable. (a) No licensee PAWNBROKER OR SECONDHAND DEALER nor any principal, employee, agent or servant of such PAWNBROKER OR SECONDHAND DEALER licensee shall engage in a purchase transaction or shall enter into a contract for purchase transaction with any customer without securing one of the following kinds of then-current and valid identification: (1) A Colorado's driver's license; 5 (2) Identification card issued in accordance with C.R.S., § 42-2-402, which is an identification card issued by the State of Colorado; (3) A valid driver's license containing a picture, issued by another state; (4) A military identification card; (5) A valid passport; (6) An alien registration card; or (7) A nonpicture identification document issued by a state or federal government entity. (b) A right index fingerprint is required on all transactions and must be affixed to the form in accordance with the requirements of section 11- 183(R J) above. Section 7. Section 11-186 of the Wheat Ridge Code of Laws, concerning prohibited acts of pawnbrokers, is hereby amended as follows: Sec. 11-186. Prohibited acts of pawnbrokerS AND SECONDHAND DEALERS in the course of doing business. (a) Age limitation; sobriety. No pawnbroker OR SECONDHAND DEALER, OR employee or agent THEREof the pawnbroker, shall enter into a contract for purchase or purchase transaction with any person under the age of eighteen (18) years or with any person under the influence of alcoholic beverages or drugs. (b) Dealing with thieves. No pawnbroker OR SECONDHAND DEALER, OR employee or agent THEREof the pawnbroker, shall enter into a contract for the purchase or purchase transaction with any person known to that employee or agent to be a thief or to have been convicted of larceny or burglary without first notifying the police department. Such notice shall not be deemed as authorization by the city for the pawnbroker to enter into any contract with such person. (c) Multiple obligations. With respect to a contract for purchase, no pawnbroker, employee or agent of a pawnbroker may permit any customer to become obligated on the same day in any way under more than one contract for purchase agreement with the pawnbroker which would result in the pawnbroker obtaining a greater amount of money than would be permitted if pawnbroker and customer had entered into only one contract for purchase covering the same tangible personal property. 6 (d) Violation of contract for purchase by pawnbroker. No pawnbroker, employee or agent of a pawnbroker shall violate the terms of the contract for purchase. (e) Accepting property with obscured identification marks. No pawnbroker OR SECONDHAND DEALER, OR employee or agent THEREof, a pawnbroker shall enter into a contract for purchase or purchase transaction for any tangible personal property wherein the identification number, serial number, model number, brand name, owner's identification number or other identifying marks on such property have been totally or partially obscured. (f) Accepting tangible property for contract for purchase or purchase transaction. No pawnbroker OR SECONDHAND DEALER, OR employee or agent THEREof, a pawnbroker shall enter into a contract for purchase or a purchase transaction when the property wh ich is the subject of the contract for purchase or purchase transaction is other than tangible property. (g) Interest, commission and compensation. No pawnbroker, employee or agent of a pawnbroker shall ask, demand or receive any greater rate of interest, commission and compensation than the total rate of one-tenth of the original purchase price for each month, plus the original purchase price, on amounts of fifty dollars ($50.00) or over, or one-fifth of the original purchase price for each month, plus the original purchase price, on amounts under fifty dollars ($50.00). No other charges shall be made by the pawnbroker upon renewal of any contract for purchase or at any other time. In the event any such charges are made, the contract shall be void. Any contract for the payment of commissions by the customer for making a contract for purchase on tangible personal property shall be null and void . (h) Violation by agents. The violation of this section by an agent or employee of a pawnbroker OR SECONDAHND DEALER shall be deemed to be a violation of this section by the pawnbroker OR SECONDHAND DEALER. Section 8. Section 11-189 of the Wheat Ridge Code of Laws, concerning hold orders and the surrender of certain property, is hereby amended as follows: Sec. 11-189. Hold orders and surrender of property. (a) Any police officer may order a pawnbroker OR SECONDHAND DEALER to hold any tangible personal property deposited with or in custody of 3AY THE pawnbroker OR SECONDHAND DEALER for purposes of further investigation. A hold order shall be effective upon verbal notification to the pawnbroker OR SECONDHAND DEALER by 7 an authorized agent of the police department. No sale or other disposition may be made of such property held by any pawnbroker OR SECONDHAND DEALER while the hold order remains outstanding. A hold order shall supersede all other provisions of this article and any sale or other disposition of the property after the pawnbroker OR SECONDHAND DEALER has been notified by the police department of a hold order shall be unlawful and a violation of this article. (b) If any police officer determines that any article of personal property held by a pawnbroker OR SECONDHAND DEALER is stolen or illegally obtained property, such officer may immediately confiscate such property and must provide the pawnbroker OR SECONDHAND DEALER with a receipt, case report number and/or the police report evidence sheet setting forth the basis for the confiscation. Section 9. Section 11-191 of the Wheat Ridge Code of Laws, concerning pawnbroker liabilities, is hereby amended as follows: Sec. 11-191. Liability of pawnbroker OR SECONDHAND DEALER. (a) A pawnbroker OR SECONDHAND DEALER who accepts any article in a purchase or contract of purchase transaction from a customer who is not the owner thereof obtains no title in the article either by reason of the expiration of the contract or by transfer of the receipt to the pawnbroker by the customer or holder thereof. Ignorance of the fact that the article was lost or stolen shall not be construed to effect the question of the title. If the pawnbroker OR SECONDHAND DEALER shall sell such article to a third person, the pawnbroker OR SECONDHAND DEALER shall remain liable to the original owner in an action to recover the article. The lawful owner may, upon proof of his or her ownership of the article lost or stolen, claim the same from the pawnbroker OR SECONDHAND DEALER or recover the same by appropriate legal means including, without limitation, forfeiture of the fair market value of such article out of the bond required by section 11-176. (b) A pawnbroker shall be liable for the loss of tangible personal property or part thereof or for damages thereto, whether caused by fire, theft, burglary or otherwise, resulting from his or her failure to exercise reasonable care in regard to it. Section 10. 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 8 that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 11 . Severability: Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance sha ll 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 12. 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 fi rst reading by a vote of to ___ on this 25th 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 , 2015, at 7:00 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 9 ~ . ~ ... " .. City of ~Wheat&_dge ~OFACE OF THE CnY MANAGER Memorandum FROM: Mayor and City Council Patrick Goff, City Manager 00 TO: DATE: February I, 2016 SUBJECT: Review of Council Rules of Order and Procedure ISSUE: The Charter of the City of Wheat Ridge provides that the Council may detennine its own rules of procedure for meetings. Section C of Suspension and Amendment of These Rules states "These Rules will be reviewed by Council within three months of an election ... " PRIOR ACTION: Council Rules of Order and Procedure were last amended in 2014. At the April21, 2014 Study Session, numerous sections of the Rules were discussed and recommended for change. The City Attorney incorporated all of the recommended changes and reorganized the numbering. The City Council approved the Council Rules of Order and Procedure as amended on April 28,2014. RECOMMENDATION: Council should review the Rules and Procedure and propose any recommended changes. lfthere are proposed changes, they will be placed on the next Council agenda for consideration. ATTACHMENTS: 1. Rules of Order and Procedure ...... ~~ rP' ~ityof Wheat_Ri9ge RULES OF ORDER AND PROCEDURE CITY CQ,UNCIL WHEAT RIDGE, COLORADO Adopted: April28, 2014 Amended: ____ _ Attachment 1 TABLE OF CONTENTS I. AUTHORITY II. CmZENS' RIGHTS Ill. CHAIR, MAYOR PROTEM AND THEIR DUTIES IV. CHAIR 3 3 4 4 MAYOR PROTEM ........................................................................................... 4 CITY CLERK .................................................................................................. 5 CITY ATTORNEY ............................................................................................ 5 PARLIAMENTARIAN AND RULES OF ORDER ....................................................... 5 V. COUNCIL MEETINGS AND MEETING PROCEDURES 6 TYPES OF MEETINGS ..................................................................................... 6 STUDY SESSIONS .......................................................................................... 6 ADJOURNED MEETINGS .................................................................................. 6 EXECUTIVE SESSIONS ................................................................................... 6 MEETING NOTICES AND REQUIREMENTS .......................................................... 6 ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL GATHERINGS ................................................................................................ 7 ABSENCES .................................................................................................... 7 RIGHT OF THE FLOOR .................................................................................... 8 ELECTED OFFICIALS MATTERS ........................................................................ 9 VI. ORDER OF BUSINESS AND THE AGENDA 9 ORDER OF BUSINESS ..................................................................................... 9 AGENDA: PREPARATION AND INITIATION OF AGENDA ITEMS ............................. 9 INITIATING AND ADDING AGENDA ITEMS ...................................................... 10 PUBLIC HEARINGS ....................................................................................... 11 ORDINANCES ON FIRST READING ................................................................. 11 TIME OF ADJOURNMENT ............................................................................... 11 VII. RECONSIDERATION 12 VIII. SUSPENSION AND AMENDMENT OF THESE RULES 12 SUSPENSION .............................................................................................. 12 AMENDMENT ............................................................................................... 12 REVIEW ...................................................................................................... 13 -2- RULES OF ORDER AND PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO I. AUTHORITY: Sections 4. 7 and 5.1 of the Home Rule Charter of the City of Wheat Ridge authorize the City Council to determine its own rules of order and procedure for meetings. The following Rules shall be in effect upon their adoption by the Council until such time as they are amended or new Rules adopted in the manner provided by these Rules. II. CITIZEN'S RIGHTS A. CmZENS' RIGHTS: 1. Any person may speak only once per meeting for a maximum of three (3) minutes on any item other than Agenda items. 2. Persons desiring to speak on an Agenda item are requested to sign the appropriate roster in Council Chambers. Speakers shall confine their remarks to the relative item. There shall be no time limit applied to Citizens' Comments on any scheduled Agenda item unless deemed appropriate by the Chair. 3. There shall be no restriction on the number of citizens who wish to speak. 4. The content of any speaker's comments cannot be censored. 5. Persons In attendance shall be allowed to donate time to other speakers to a maximum of nine (9) minutes, including the three (3) minutes the original speaker has. 6. The Chair will entertain no written comments from the public unless a member of the public representing the author is present to read them into the record. A Council Member may read written comments into the record with the approval of the majority of the Council present. 7. Council has the choice whether or not to respond to citizens after the closure of the Citizen Comment portion of the meeting. -3- 8. All written communications to Council must be signed. If not signed, the written communications may not be accepted. III. CHAIR, MAYOR PROTEM, CITY CLERK, CITY ATTORNEY, PARLIAMENTARIAN AND THEIR DUTIES AT MEETINGS A. CHAIR: 1. The Mayor shall preside over the meetings of the Council. 2. I n the absence of the Mayor, the Mayor ProTem shall preside. 3. The Chair shall preserve order and decorum, prevent personal attacks or the impugning of members motives, confine members in debate to questions under discussion, be responsible for conducting meetings in an orderly manner, assure that the minority opinion may be expressed and that the majority be allowed to rule. B. MAYOR PROTEM: 1. At the first or second Regular meeting in November of each year, the Council shall nominate, by secret paper ballot, and elect by motion upon a majority vote, a Mayor Pro Tem who shall serve until their successor is elected. The procedure shall be as follows: • The presiding officer will announce that the floor is open for nominations for the position of Mayor ProTem. • Nominations will be taken from City Council members by voice. No second is needed. • Each nominee will have the opportunity to address the Council. • Each Council member will mark the paper ballot with the name of the nominee they wish to vote for and fold the paper in half to ensure secrecy. • The City Clerk will collect the ballots, tally the results, and return the written name of the majority vote receiver to the presiding officer, who will announce the highest vote getter. • In the event of a tie, the Mayor will cast a paper ballot, to be delivered to the City Clerk for inclusion into the election tally. • A motion and second is then in order to elect, the highest vote getter to the position of Mayor Pro Tem. The Council is encouraged to confirm the nomination unanimously; however, -4- Council Members are not required to vote for this person. If the motion is not carried, additional motions are in order until a Mayor Pro Tern is elected by a majority of Council. 2. If presiding, the Mayor Pro Tem shall have the voting privileges of a regular Council Member. 3. The Mayor Pro Tern's duties shall include reviewing and setting the Agenda prior to Council Meetings and adding emergency items for discussion if necessary. The Mayor Pro Tem shall have the authority to remove any item from the Agenda of any Regular Meeting or Study Session with the exception of: (a) an item placed on the Agenda by two (2) Council Members prior to the meeting pursuant to Rule V.D.l; or {b) an item added by the Council by majority vote during any meeting pursuant to Rule V.D.l. 4. The Mayor Pro Tem shall arrange for and coordinate the orientation of all newly elected officials within two (2) months after the election. C. CITY CLERK: The City Clerk, or designated representative, shall attend all meetings of Council and shall keep the official minutes. D. CITY ATTORNEY: The City Attorney, or acting City Attorney, shall attend all meetings of the Council unless excused by the City Council and shall, upon request, give an opinion, either written or oral, on the question of law. E. PARLIAMENTARIAN AND RULES OF ORDER: 1. The Mayor Pro Tem shall also function as the Council Parliamentarian, and may call upon the City Attorney for a recommendation on procedure, if desired. 2. The Parliamentarian shall advise the Chair and members of Council on parliamentary rules. 3. The Rules contained in the current edition of Robert's Rules of Order, newly revised, shall advise the Parliamentarian regarding questions of order and procedure in all cases to which they are applicable and in which they are not inconsistent with these Rules, the Wheat Ridge Home Rule Charter, the Wheat Ridge Code of Laws or other laws governing the City. 4. In cases where the Rules contained in the current edition of Robert's Rules of Order, newly revised, are inconsistent with these Rules, these Rules control. -5- 5. The Mayor (or the Mayor Pro Tern, if presiding), shall be the final authority on all points of order procedure, subject to override upon a three-fourths (3/4) majority vote of the entire Council. IV. COUNCIL MEETINGS AND MEETING PROCEDURES A. TYPES OF MEETINGS: 1. The Council meets in the Municipal Building for Regular, Adjourned, Special Meetings, and Study Sessions. 2 . Regular Meetings are held the second (2"d ) and fourth (4th) Monday of each month at 7:00PM unless otherwise provided by amendment of these Rules. 3. Study Sessions are held the first (1st) and third {3rd) Monday of each month at 6:30PM, unless otherwise provided by amendment of these Rules. B. STUDY SESSIONS: 1. Study Sessions shall be for the purpose of discussion of concepts and ideas. No formal business shall be conducted. Consensus votes during all Study Sessions are non-binding, with exception of consensus votes to schedule or decline to schedule a matter for consideration at a Regular or Special Meeting, which may, however, be reconsidered after six (6) months as permitted by Rule V.D.3. Unless an issue is disposed of at a Regular, Adjourned, or Special Meeting, it may be amended or reconsidered in that or any future Study Session. 2. Public Comment will be allowed at the beginning of a Study Session for only those items on the agenda and each speaker is limited to a maximum of three (3) minutes. C. ADJO URNED MEETINGS: Any Meeting of the Council may be adjourned to a later date and time, provided that no adjournment shall be for a period longer than the next Regular Meeting. D. EXECUTIVE SESSIONS: 1. The Council may meet In Executive Session on a vote of a majority of City Council in a Regular or Special Meeting (Charter -Section 5. 7). 2. No notes may be taken during an Executive Session except by the City Clerk and/or City Attorney. -6- 3. If at any time during the session, a Council Member feels that a matter is being discussed other than that stated, that member should so state and may request that the session be terminated. Upon consensus vote of Council Members present, the session shall be terminated. E. MEETING NOTICES AND REQUIREMENTS: 1. Five (5) or more Council Members may attend informal meetings held for the purpose of acquiring information and discussion topics provided that public notice of the meeting is posted in the location establishing for posting of all Wheat Ridge meetings at least 72 hours prior to the meeting, listing the topic of the meeting, its location, time, an d date. The location of this posting shall be the bulletin board outside the City Clerk's room in City Hall. a) Copies of the notice shall be given to all City Council Members and the City Clerk at least 72 hours before the meeting. b) The City Clerk is responsible for the posting of the meeting. 2. Any three (3) or four ( 4) Council Members may attend informal meetings held for the purpose of acquiring Information and discussing topics. Such meetings must be open to the public, but no notice is required unless formal actions will be taken. 3. Meetings involving no more than two (2) Council Members, whether in person or by telephone, whether or not the Mayor also attends, shall not be subject to any of the requirements of this Rule. 4. All Meetings (other than those between only two (2) Council Members and/or the Mayor) shall be open to members of the public and the press. F. ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL GATHERINGS: 1. The purpose for this rule is to permit the City to be represented by its elected officials at meetings of other groups or organizations, including without limitation, intergovernmental organizations, neighborhood organizations, business and service organizations, and other organizations or groups with which the City has a relationship. 2. Any member of Council and the Mayor may attend meetings of other groups without prior notice, provided however, that any such meeting, if attended by three (3) or more members of the Council, is open to the public, pursuant to Section 24-6-401, et seq., C.R.S. -7- 3. Social gatherings, at which the discussion of public business is not the central purpose, shall not be subject to any of the requirements of Rule IV.E. G. ABSENCES: In the event that a Council Member expects to be absent from a Regular Meeting or Study Session, the Member shall notify the City Clerk, and the City Clerk will duly notify the City Council at the beginning of the meeting. H. RIGHT OF THE FLOOR: 1. This Rule III.H shall apply only to Regular, Special and Adjourned Meetings, and not to Study Sessions, unless specifically noted. The presiding officer must first recognize each Council Member requesting to speak unless limited by a motion to limit debate or for calling the question. (applicable also to Study Sessions) 2. Speakers shall confine themselves to the question under discussion. All discussion must be germane to the agenda item. (applicable also to Study Sessions) 3. Members of Council shall avoid personal attacks and refrain from impugning the motives of any member's argument or vote. (applicable also to Study Sessions) 4. Following introduction of an agenda item, a staff report, if any, and a motion, each Council Member shall have the right to ask questions of staff or discuss an agenda item with staff. Council Member questions are limited to three (3) minutes each, two (2) times. Staff responses are not included in the time. Following question time, Council Members may engage in debate of the issue at hand prior to voting. The debate may consist of two (2) rounds with each Council Member having one opportunity per round to speak in turn. The first round may consist of a statement of position on the issue by each Council Member not to exceed four ( 4) minutes. The second round may consist of responses to position stated by other Council Members not to exceed two (2) minutes. 5. Once a vote has been taken, there shall be no further discussion on that motion or Agenda Item unless a motion to reconsider is adopted. 6. In the event of an amendment to an agenda item motion, the maker of the amendment shall have one ( 1) three (3) minute period to make the amendment and speak to the amendment. All other Council Members shall have one ( 1) two (2) minute period to speak to the amendment. -8- I. ELECTED OFFICIALS' MATIERS: This is the time elected officials and staff may make comments on any subject. Time limit per elected official and staff will be five (5) minutes. V. ORDER OF BUSINESS AND THE AGENDA A. SCOPE OF RULE: This Rule V shall apply only to Regular, Special and Adjourned Meetings, and not to Study Sessions, unless specifically noted. B. ORDER OF BUSINESS: The general rule as to the Order of Business in Regular Meetings is stated thus: • CALL TO ORDER • PLEDGE OF ALLEGIANCE • ROLL CALL • APPROVAL OF MINUTES • PROCLAMATIONS AND CEREMONIES • CITIZENS RIGHT TO SPEAK • APPROVAL OF AGENDA • CONSENT AGENDA • PUBUC HEARINGS, ORDINANCES ON SECOND READING, FINAL SITE PLANS • ORDINANCES ON FIRST READING • DECISIONS, RESOLUTIONS AND MOTIONS • CilY MANAGER'S MATIERS • CITY ATIORNEY'S MATIERS • ELECTED OFFICIALS' MATIERS • EXECUTIVE SESSION (AS NEEDED) • ADJOURNMENT C. AGENDA: PREPARATION AND INITIATION OF AGENDA ITEMS 1. The order of business of each meeting shall be as contained in the Agenda prepared by the Mayor ProTem. 2. By majority vote of the City Council during any City Council meeting, including any Study Session, the order of business for that meeting may be changed. The City Manager and City Attorney may propose to add items to the Agenda of such meetings under "Approval of Agenda," subject to approval by a majority of the Council. 3. Agenda shall be listed by topic of subjects to be considered by the Council and shall be distributed by 5:00 PM on the Thursday prior to the Monday of the Regular Meeting. In the event of a holiday, the -9- material shall be distributed not later than noon on the Friday prior to the Monday meeting. 4. The City Clerk's Office shall be notified of the sequence of the Agenda Items by noon on the Wednesday preceding the Monday on which Council meets. All backup material and documents shall be filed with the Clerk's office by 5:00 PM on that day in order to be included in the Council packet. 5. A majority of Council Members present is required to direct the City Attorney or staff to draft an ordinance to be included on the agenda. 6. A majority vote of City Council Members present may add, change the order of, or delete an item from the agenda, under "Approval of Agenda." In Regular Meetings, this must be done before Public Hearings and Second Readings. 7. The first option of introducing Agenda Items shall go to a representative of the Council District to which the Agenda Item pertains or to the Council Member who initiated the item. Council Agenda items not specific to a Council District may be introduced by any member requesting such privilege from the Chair in advance of the meeting or requesting to introduce the item at the meeting. 8. Fiscal Notes. The City Manager may prepare a brief explanatory note that shall include a reliable estimate of the anticipated change in the expenditures or revenues to the City and whether such expenditures or revenues shall be recurring in nature during future budgets years. This shall include any principal and interest payments required to finance expenditures. 9. Council cannot approve an appropriation under City Manager's Matters, City Attorney's Matters, or Elected Officials' Matters. D. INffiATING AND ADDING AGENDA ITEMS: 1. Council Members or the Mayor may each originate an agenda item with the approval of one other Council Member. Each Council Member and the Mayor shall be allowed to originate only two (2) items per month to be added to the Agenda of a Regular Meeting or a Study Session, subject to the scheduling authority of the Mayor Pro Tern under Rule II.B.3. It is the intent of this Rule that no more than two (2) agenda items may be initiated by the Mayor or any Council Member during any single month. 2. If a Council Member asks that an item be added to the Agenda for any Regular Meeting or Study Session, it is the responsibility of that Council Member to provide backup material for the Council packet as -10- to the subject or arrange for that backup material to be prepared. No item may be included in the Agenda without proper backup. 3. Other than by reconsideration pursuant to Ru le VI, once an item has been decided by a formal Council vote at any Regular, Special or Adjourned Meeting [or by a binding consensus vote at any Study Session under Rule IV.B.l] it is not eligible to be added to a future agenda for six (6) months. 4. Motions made by Council Members, which are not in the Council packet, must be submitted to the City Clerk and Mayor in writing during the Council Meeting so it may be repeated, and included in the minutes. 5. During a Regular Meeting, under the Elected Official's, City Manager's or City Attorney's matters portion of the agenda, or at a Study Session, a Council Member, the City Manager, or the City Attorney may request that a motion be made to add an item to a future Agenda for consideration, subject to approval by the Council by a majority vote (for addition to a Regular Meeting Agenda) or a consensus vote (for additions to a Study Session Agenda). 6. The City Manager may add administrative and operational items to the agenda during "Approval of Agenda." E. PUBLIC HEARINGS: All speakers are requested to sign up on the appropriate roster, indicating whether they intend to speak to a particular Agenda Item. The Council shall not entertain a motion for the final disposition of the matter until the City staff and applicant have made their presentations, if any, and the public hearing has been closed, provided, however, that motions regarding the conduct, scheduling or continuation of the public hearing itself shall be proper at any time. F. ORDINANCES ON FIRST READING: It is the goal and desire of City Council to allow all interested parties to provide input during the Public Hearing/Second Reading on all proposed ordinances. A full, complete, and open discussion of all proposed ordinances is encouraged during the Public Hearing/Second Reading. Therefore, public comment and staff presentations will occur only during the Public Hearing/Second Reading. First Reading will be for the purposes of setting proposed ordinances for publication, and establishing a date for the Public Hearing/Second Reading. Amendments to a proposed ordinance can be made during a First Reading, following the guidelines for offering amendments in these Rules. G. TIME OF ADJOURNMENT: -11- At 11:00 PM, the City Council shall complete action on the Agenda Item then under discussion and shall adjourn the meeting. Prior to such adjournment, the Council may take any or all of the following actions: 1. Acting by three-fourths (3!4) majority vote of the Council Members present, complete all or portions of the remaining Agenda. 2. Acting by a majority vote, schedule any unfinished items for a future Regular or Special Council Meeting. 3. Acting by majority vote, continue the meeting to a later date and time certain. VI. RECONSIDERATION 1. A motion to reconsider can be made only by a Council Member originally voting with the prevailing side. 2. Such motions shall be made only at that or the next scheduled Regular Meeting. A continued or rescheduled meeting shall be considered a next scheduled Regular Meeting for the purpose of Reconsideration. If not reconsidered at that time, the issue cannot be placed on any agenda for six (6) months. 3. A motion to reconsider shall require an affirmative vote of a majority of the entire Council. 4. A Council Member who has been absent from the meeting at which the item was discussed may vote on the substantive matter following a successful motion to reconsider provided the Council Member affirms on the record that he or she has listened to the recording of that Agenda item. VII. SUSPENSION AND AMENDMENT OF THESE RULES A. SUSPENSION: Any provision of these Rules not governed by the Home Rule Charter or Code of Laws may be temporarily suspended by a three-fourths (3/4) majority vote of Council Members present. B. AMENDMENT: -12- These Rules may be amended, or new Rules adopted by a majority vote of Council Members at a Regular or Special Meeting, provided that the proposed amendments or new Rules shall have been submitted in writing to Council at a preceding meeting or a Study Session. Any Council Member, or the Mayor, may initiate an amendment of these Rules In the manner provided for initiation of agenda items by Rule V.D. C. REVIEW: These Rules shall be reviewed by the Council within three (3) months of a Regular Council Election. -13-