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HomeMy WebLinkAboutCouncil Agenda Packet 02-13-17AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 291H AVENUE, MUNICIPAL BUILDING February 13, 2017 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, 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 Council Minutes of January 23. 2017. Special Study Session Notes of January 9, 2017, January 23. 2017,January 30, 2017 and Study Session Notes of February 6, 2017 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. c. Citizens who wish to speak on Study Session Agenda Items, please sign the STUDY SESSION AGENDA ROSTER. APPROVAL OF AGENDA 1. CONSENT AGENDA a) Resolution 03-2017 -amending the Fiscal Year 2017 Budget to reflect the approval of a Supplemental Budget Appropriation for the Re-Appropriation and Re- Encumbrance of 2016 Fiscal Year Encumbered Funds in the amount of $1,577,773.37 b) Motion to approve the annual renewal of the contract with Logistic Systems, Inc. for the licensing and support of the Computer Aided Dispatch and Records Management System Software in the amount of $87,893 CITY COUNCIL AGENDA: February 13, 2017 Page -2- ORDINANCES ON FIRST READING 2. Council Bill 01-2017 -amending 22-56 and 22-66 of the Wheat Ridge Code of Laws to codify an increase in the City's Sales and Use Tax Rate pursuant to voter approval granted on November 8, 2016 DECISIONS, RESOLUTIONS AND MOTIONS 3. Resolution 02-2017 -amending the Fiscal Year 2017 City Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $4,081,908 for the creation of the 0.5% Sales and Use Tax Fund 4. Resolution 04-2017 -approving a modification to the Third Amendment to the Intergovernmental Agreement concerning the implementation of an E911 Emergency Telephone Service Charge CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURN to Study Session @llJW--CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29rH AVENUE, MUNICIPAL BUILDING January 23, 2017 Mayor Jay called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Monica Duran Zachary Urban Tim Fitzgerald George Pond Janeece Hoppe Larry Mathews Kristi Davis Genevieve Wooden Also present: City Clerk, Janelle Shaver; City Attorney, Jerry Dahl; City Manager, Patrick Goff; Public Works Director, Scott Brink; Community Development Director, Ken Johnstone; Administrative Services Director, Heather Geyer; other staff, guests and interested citizens. APPROVAL OF COUNCIL MINUTES of January 9, 2017 Without objection, the Minutes of the Regular City Council Meeting of January 9, 2017 were approved as published. PROCLAMATIONS AND CEREMONIES none CITIZENS' RIGHT TO SPEAK Eryn Mulloy (Denver) stated she runs a large home daycare facility for 2-4 year olds in Denver. She would like to relocate to Wheat Ridge, but was told this type of license isn't available in Wheat Ridge. The International Building Code (IBC) considers 7-12 children a Commercial Service, and therefore not an in-home day care that would be allowed in a residential home. She asked that the City reconsider this restriction. Erik Mathews (WR), a parent whose child attended Miss Eryn's day care, told what an excellent influence she was for his child. He proposed that her large home day care be more localized rather than following the IBC. APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING City Council Minutes January 23, 2017 Page2 1. Resolution 01-2017 - a Resolution approving a Special Use Permit to allow a Vehicle Sales Facility in a Commercial-One (C-1) Zone District located at 9160 West 44th Ave. (Case No. SUP-16-04/Elevated Motors This request for a Special Use Permit (SUP) is to allow a vehicle sales facility at 9160 W. 44th Avenue. The property is zoned Commercial-One (C-1). The process was being handled administratively, but a complaint was received thereby triggering a public hearing. Council Member Mathews introduced Resolution 01-2017. Mayor Jay opened the public hearing and swore in the speakers. Staff Presentation Meredith Reckert, City Planner, presented. She entered into the record the case file, packet material, zoning ordinance and contents of the digital presentation. She reported that all posting and notification requirements have been met. • The property is on the south side of 44th Ave between Field and Garrison Streets. • The building was built around 1962 and the property is about 0.9 acres. • The proposed sales lot is to be the western side of the building and lot. • The eastern building/property will remain a separate auto repair service. • Surrounding area and adjacent properties are generally zoned C-1. • Prior use was a retail second hand store and the landscaping has not been maintained. • The applicant has no current plans to use the unpaved, southern portion of the lot. • This SUP would have been granted administratively, but a letter of objection was received after the neighborhood meeting. o Objections are that there already is car sales in the area; it will contribute toward deterioration of the area; and they would like the area to be a destination shopping area. o Ms. Reckert noted that this area is one of the targeted TLC neighborhoods. • Staff supports this use at this location because: o The area is already commercial and this use will not contribute to blight; o This use will not have any more impact than other uses in the area; o 44th Ave is an arterial street and can handle any extra traffic. o Landscaping will be re-established. o All utilities can serve the property. o The SUP will not trigger compliance with an ASDM. • The former tenant displayed inventory in front of the building. • Meredith said the area has a good deal of car related uses. Also, this area does not have the same sense as 38th Ave or 29th Ave. Based on current conditions in the area staff supports this SUP. • She went through the evaluation criteria. Staff concludes the use will not harm the area. • She went through the Conditions staff is recommending. City Council Minutes January 23, 2017 Page3 Council questions Ms. Reckart explained an SUP can run with the land, the business or for a specific amount of time. The advantage of having the SUP run with the property is that compliance with conditions can be required; non-compliance can result in rescission. Chris Connroy (Broomfield), one of the applicants, answered questions from Councilmember Fitzgerald. No, they are not currently using the lot for car sales. If granted the SUP they still have to go through the state for their license. The cars that are there now belong to Adolf s. Mayor Jay closed the public hearing. Public Comment none Motion by Councilmember Mathews to approve Resolution 01-2017. a resolution approving a Special Use Permit to allow a vehicle sales facility in a Commercial-One (C- 1) zone district located at 9160 West 44th Avenue (Case No. SUP-16-04), for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The proposed Special Use Permit has been reviewed by the Community Development Department, which has forwarded its recommendation of approval. 3. The proposed Special Use Permit has been found to comply with the "criteria for review" in Section 26-114-D of the Code of Laws. With the following conditions: 1. All vehicles on the site must be parked on a paved surface. 2. In lieu of a landscaped strip along 44th Avenue, staff recommends that the landscape island at the northwest corner of the site be re-established with low- growing shrubs and ground cover. 3. The grant of use shall run with the property. 4. The Special Use Permit shall comply with all material representation commitments and operational restrictions as depicted in the application materials and documents maintained in the case file in the Community Development Department. seconded by Councilmember Urban. Discussion followed. Councilmember Fitzgerald proposed that used car sales are not an asset to the City. Arvada is an example of a city that doesn't allow them. If we want to improve the looks of the City we can't allow more used car lots. He can't believe that it's beneficial to have car lots with cars that are a few steps above a junk yard. He'd like to lay this on the table until April so staff can research what other cities do with used car lots and come up with a policy that applies to all used car lots. City Council Minutes January 23, 2017 Page4 Councilmember Pond noted that used car lots are a special use in C-1 zones. He believes staff has interpreted the criteria correctly and does not think it will contribute to blight. He agrees the issue is worth discussing, but doesn't think this applicant's progress should be impeded. Councilmember Davis asked Mr. Connroy about his product. Mr. Connroy said they would not be selling junkers. They plan to start small with reliable cars in the $6-12K range and work their way up to offer more high-end, exotic vehicles. On the advise of counsel, Mayor declared this discussion to be part of the record for the public hearing. Councilmember Mathews believes the use is appropriate and doesn't approve of discriminating against this applicant. Councilmember Hoppe agreed the applicant has followed all the rules and shouldn't be cherry-picked, but she does believe the topic should be discussed. Councilmember Wooden noted there is a similar lot one block away. She thinks the determination of blight is subjective and is a real concern for this area. Motion by Councilmember Fitzgerald to lay this on the table until the fourth meeting in April so staff can research the matter and bring forward recommendations; seconded by Councilmember Wooden; failed 2-6, with Councilmembers Mathews, Davis, Pond, Urban, Hoppe and Duran voting no. Motion by Councilmember Fitzgerald to amend the main motion by limiting the SUP to one year, followed by a requirement to reapply; seconded by Councilmember Wooden. There was some discussion. • Councilmember Mathews believes that would be totally unfair to ask someone to invest in a business that could be rejected after one year. • Councilmember Pond questioned how an SUP runs with the land or the business. Mr. Dahl explained. • Councilmember Pond asked how the applicant is held to the conditions. Ms. Reckert explained that periodic site checks are done. • Councilmember Urban noted that if we are trying to be business-friendly, this is the most anti-business mindset he can think of. • Councilmember Duran agrees this would not be business friendly and can't support it. The motion failed 1-7, with Councilmembers Wooden, Mathews, Davis, Pond, Urban, Hoppe and Duran voting no. Discussion and questions continued. City Council Minutes January 23, 2017 Page 5 • Ms. Reckert confirmed that the applicant and the property owner are two different parties. The applicant has the approval of the property owner for this use. • If the SUP goes with the land, it remain valid if the business is sold. • If the SUP goes with the business, it remains valid if the business is sold and maintains the same name. • The land owner is not the applicant. Motion by Councilmember Hoppe to amend the main motion to have the SUP run with the applicant (Elevated Motors) and not with the land; seconded by Councilmember Davis. Discussion followed. • The public hearing was reopened to hear from the applicant. Mr. Connroy said they did not object to having the SUP apply only to Elevated Motors. • Discussion point: The concern of citizens about blight in the corridor. • Discussion point: There are other used car lots near this one. • Per Mr. Johnstone, most SUP's run with the land. • Discussion point: Code enforcement of commercial property is the City's responsibility. Mayor Jay closed the public hearing. Motion carried 5-3, with Councilmembers Duran, Urban and Mathews voting no. There were further comments from councilmembers. The main motion as amended carried 8-0. DECISIONS, RESOLUTION·s AND MOTIONS 2. Motion to approve the purchase of 2017 vehicle replacements and the purchase and installation of lighting, auxiliary and communications equipment in a total amount not to exceed $379,928 Staff recommends the purchase of the following vehicles under the State of Colorado Price Agreements: Four 2017 Marked Ford Police Interceptor Utility Vehicles One Nissan Rogue Hybrid AWD SUV One 2017 Chevrolet Equinox AWD SUV One 2017 International 7600 6x4 Cab & Chassis • The base cost of the vehicles is $300,928. $ 32,644/ea. $ 27,700/ea. $ 26,079/ea. $116,573/ea. • The estimated cost of auxiliary equipment, markings, decals and miscellaneous items for the four police vehicles is $68,000 and is included in this request. • The estimated cost for auxiliary equipment, decals and miscellaneous items for the two SUV's is $11,000 and is included in this request. City Council Minutes January 23, 2017 Page6 • The estimated cost of auxiliary snow and ice removal equipment, lighting, hydraulics, and miscellaneous items for the tandem cab and chassis is $105,000 and will be advertised for bid at a later date. Councilmember Pond introduced Item No. 2. Scott Brink gave a brief presentation. Six are replacement vehicles. The seventh is a new addition, a patrol utility vehicle for the Police Department. Six vehicles are for the PD; the tandem cab and chassis is a replacement for Public Works. The replacement policy includes mileage, age, year of purchase, availability of parts, and degree of maintenance needed. Motion by Councilmember Pond to approve the purchase of 2017 vehicle replacements and the purchase and installation of lighting and auxiliary and communications equipment in a total amount not to exceed $379,928; seconded by Councilmember Wooden; carried 8-0. 3. Motion to award a contract to Data Transfer Solutions, LLC, of Orlando, Florida, in the amount of $154,800 for Vueworks Asset Management Software and Support The existing Cartegraph Solutions asset management program and associated modules are now obsolete, and are scheduled for replacement utilizing funds approved in the 2017 IT Budget. The package includes software, licensing, migration, technical support and training. After 2017 the licensing and support will cost $15,000 annually. This new asset management solution will allow the City to have access to real time data for decision and cost analysis. Councilmember Hoppe introduced Item No. 3 Mike Steinke, IT manager for the City, reported that the annual cost is a year-by-year recurring cost. At any point in the future, if we choose, we can decide not to renew the support contract. Motion by Councilmember Hoppe to award a contract to Data Transfer Solutions, LLC., of Orlando, Florida, in the amount of $154,800 for the VUEWorks asset management system and support; seconded by Councilmember Duran, carried 8-0. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIAL'S MATTERS City Council Minutes January 23, 2017 Page 7 Monica Duran said she's been asked if the City is sending out a letter to citizens and businesses about the snow removal ordinance. Mr. Goff said that wasn't planned; it was advertised in the Connections newsletter -which he feels is read by more people. It would cost $5-6,000 to do a citywide mailing. Ms. Duran suggested this be discussed to ensure citizens and businesses are informed. -She reported attending a homeless summit last week that was interesting and well attended. She congratulated Mr. Urban on being appointed chair of the governance committee. -She will be having a Distirict 1 meeting on Sat, Feb 25, at 1 Oam at the Seniors Resource Center. The topic will be what is affecting aging seniors and programs that are available; there will be a variety of speakers. Zach Urban reported on the Jefferson County Homeless Committee meeting. It is a collaborative effort by a variety of agencies -law enforcement, mental health, social services and the school district. For the public's information, the seven goals are: 1. Finding ways to prevent homelessness 2. Providing temporary shelter and support services 3. Provide permanent shelter and services to meet long term needs 4. Increase economic opportunities 5. Implement effective governance with staff and structure 6. Promote awareness and advocacy 7. Develop systems to support efficiency and effective planning and implementation Each working group includes public, private and non-profit sectors, and will work to develop resources -since there is no dedicated funding for this issue. He thanked Division Chief Jim Lorenz for his presentation -from which he learned that every situation and circumstance of homelessness is different. George Pond is looking forward to the study sessions and retreat. -He elaborated on why he thinks the discussion during the earlier public hearing was appropriate. Special uses are supposed to be discussed and we did not disparage the applicant. It could have been faster, but it was a very important conversation and we should not apologize for it. Kristi Davis thanked George Pond for his remarks. She announced there is a Renewal Wheat Ridge meeting tomorrow in Council Chambers at 6pm if anyone is interested. Larry Mathews also attended the Homeless Summit. He noted one of the biggest areas for calls regarding homelessness is at WafMart and King Soopers on Youngfield. -He reported not being happy with the "non-update" update Council received from RTD at the last meeting. He's been in communication with our RTD representative. He will not press for more information until the RTD folks get back from Washington DC, but from what he is hearing the Gold Line may not open for 8 months. ff RTD is not forthcoming with accurate information he would like to discuss a public information request. Genevieve Wooden said she doesn't think RTD is obfuscating anything and that it's very important that Council act very respectfully towards RTD as we pursue answers. -She thanked George Pond for his comments. -She reported that Stevens Elementary now has a service center called The Hub. Families needing assistance can get all the information for the various social service agencies in one place. City Council Minutes January 23, 2017 Page 8 ADJOURN TO SPECIAL STUDY SESSION The City Council Meeting was adjourned at 8:45 p.m. A Special Study Session followed. APPROVED BY CITY COUNCIL ON February 13, 2017 George Pond, Mayor pro tern The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. SPECIAL STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue January 9, 2017 Upon adjournment of Regular City Council Meeting Mayor Joyce Jay called the Study Session to order at 7:13 p.m. Council members present: Janeece Hoppe, Kristi Davis, Monica Duran, Tim Fitzgerald, Zachary Urban, Genevieve Wooden, and Larry Mathews Absent: George Pond Also present: City Clerk, Janelle Shaver; Administrative Services Director, Heather Geyer; Deputy City Clerk, Robin Eaton; guests and interested citizens. CITIZEN COMMENT ON AGENDA ITEMS none APPROVAL OF AGENDA ~ Update on G Line from RTD -RTD representatives David Genova (CEO) and Henry Stopplecamp (Assistant GM for Capital Programs) from RTD were present for the update. Mr. Genova spent considerable time giving information on seven other FastTracks lines, including: • The status, number of stations and various travel times of the other lines in the system • The Denver Transit Partners. This is the first P3 project of this size in the US. • The new Commuter Rail Maintenance Facility (CRMF) at 48th & Fox -which will maintain up to 80 electric units and house the RTDC Administrative Offices • How attendants are being used at the crossings of the A-Line so gates are not down longer than necessary • The current waiver is good until Feb. 4. Monthly trips are being made to Washington DC to meet with the feds to report on progress on the software. Henry Stopplecamp gave more detail about the elements related to the crossing issues with the A Line. This is all mandated by the Federal Railroad Administration (FRA). He explained how Positive Train Control (PTC) works. It is a wireless safety device. • PTC is federally mandated. • It predictively warns operator of speed limit changes and work zones. • RTD is one of the first properties to fully implement PTC. SPECIAL STUDY SESSION NOTES: January 9, 2017 Page -2- He presented general grade crossing data and explained the difference between Conventional Warning Systems and Wireless Activation systems. He highlighted important stages of the conventional and wireless testing schedules. Information about the Gold Line • The G Line to Wheat Ridge has 16 public grade crossings, 135 scheduled trips per day and 2, 160 activations per day. • He explained the use of conventional warning systems and wireless activation systems being implemented in the Gold Line. • The G Line has 11.2 miles of electric commuter rail, 7 stations, 25-minute travel time to Ward Road, and shared stations at 41st & Fox and Pecos Junction. Gold Line Status 4 of 9 components of the conformance checklist are 100% compliant. The remaining 5 components are between 90% and 97% completed. When the A Line is compliant, final work can resume on the G line. Council questions • Councilmember Urban asked questions about PTC and assurance of safety for at- grade crossings. • Councilmember Mathews asked what a traditional system would cost. o The representative said it would add 1-2 years, but was not impossible. o They are doing a hybrid of traditional and wireless. The remaining items that are not finished deal with communication. They cannot be completed ahead of time, until the FRA allows them to have a train on the tracks. o When will it open? It comes down to the A line. They hope to fix it as soon as possible. The date range has variables and are not ready to be public. The G Line is static now; testing on it had to be stopped and cannot continue until the A Line is fixed. The Federal Railroad Administration (FRA) is in control. • Councilmember Fitzgerald asked if the BNSF system is working with the conventional system. It is. • In response to a question from Councilmember Urban, Mr. Genova stated that the fundamental systems have been tested. • Councilmember Mathews pressed for an estimated opening date for the G Line. RTD is hesitant to name a date -so as not to create false expectations. Councilmember Mathews inquired about Council's interest in making a CORA request for the projected opening date. The gentlemen from RTD said that wouldn't be necessary; by week's end they will provide Council with an estimate of a time frame for completion. 2. Liquor licensing -Lodging & Entertainment -Mr. Dahl and Robin Eaton, Deputy City Clerk SPECIAL STUDY SESSION NOTES: January 9, 2017 Page -3- Mr. Dahl explained that state law does not allow Liquor Licenses within 500 feet of a school. However, the City has waived that restriction for Beer & Wine, Hotel/Restaurant, and Brew Pub Licenses. The State has created a new category of liquor license called Lodging & Entertainment. They are in the process of determining what types of businesses may hold such a license. It would be good for Council to decide if they want to allow Lodging & Entertainment licenses within 500 ft of a school. This would also be a good time to consider whether or not to allow Distillery Pubs within 500 ft of a school as they are becoming more popular. Discussion followed. Mr. Eaton reported that at a meeting he attended earlier in the day tattoo parlors, coffee shops and event centers had been removed from the list. The list of businesses that will qualify as "entertainment" is not final. The 500 feet is measured by direct pedestrian access, not "as the crow flies". There was consensus to have Mr. Dahl bring the topic back for discussion when the state has decided what will be included in the "entertainment" category. ADJOURNMENT The Special Study Session adjourned at 8:26 p.m. George Pond, Mayor pro tern SPECIAL STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue Januarv 23. 2017 Upon adjournment of Regular City Council Meeting Mayor Joyce Jay called the Special Study Session to order at 8:52 p.m. Council members present: George Pond, Janeece Hoppe, Kristi Davis, Monica Duran, Tim Fitzgerald, Zachary Urban, Genevieve Wooden, and Larry Mathews Also present: City Clerk, Janelle Shaver; City Attorney, Jerry Dahl; City Manager, Patrick Goff; Administrative Services Director, Heather Geyer; other staff and interested citizens. CITIZEN COMMENT ON AGENDA ITEMS none APPROVAL OF AGENDA 1 . Investing for the Future -2E Marketing/Branding Presentation Mr. Goff gave a status report on the 2E projects. Wadsworth: The subcommittee continues with the EAS. There may be two different bond runs. COOT is still working with staff on the final design. Clear Creek Crossing: The hook ramps look to have a mid-year start. Evergreen has closed on the property. Evergreen will be taking care of the construction bids, which will relieve some stress on staff. There are some conflicts with the Denver water line - scheduling, and the fact that their bore under 1-70 is where the hooks ramps will go. This may delay the project 18 months. Staff is working with them to relocate. Gold Line: Development work continues. This is a more complicated site to figure out how to spend the dollars. Staff is working on a strategy to leverage the funds. Anderson Park: Joyce Manwaring has an RFQ out to hire a developer. Sara Spaulding, public information officer, presented on branding, images and themes. In order to keep the community informed and engaged in the progress of the four projects a visual brand has been developed for use in the City's communication efforts. A communication subcommittee came up with "Investing 4 the Future". They consulted with an artist who lives in Applewood. He produced four icons representing roads, transit, parks and vitality. They will be used for Wadsworth, Ward Road, Anderson Park and Clear Creek Crossing. Included in the communications plan are: • New quarterly e-newsletter • Dedicated webpage for 2E • Detailed signage for the Rec Center, City Hall, the Active Adult Center and Localworks buildings SPECIAL STUDY SESSION NOTES: January 23, 2017 Page -2- • Signage at the projects that are visible from the road • Regular updates on social media • Articles in the quarterly Connections newsletter • Articles in the Mayor's Matters and the Economic Development e-newsletters • Calendar updates for ribbon cuttings/ground breakings, community meetings • Community presentations • Videos for Top of the Hour (Channel 8) • Media outreach including press releases, columns, articles (e.g. Denver Business Journal, Neighborhood Gazette, Transcript, Colorado Real Estate Journal and local TV/radio stations From Council questions • There is currently no budget for signage. Signs will be produced in-house. • Can we include the WR Chamber of Commerce? Yes. • Parks is really one park-Anderson. Roads is really one road -Wadsworth. • Unsure of taxpayer benefit of a sign at a work site. • It's an integrated approach to train the citizens to look for those icons. • It creates opportunities for advertising partnerships. • Caution to be careful how much money we spend on advertising. There was unanimous consensus for staff to proceed with the branding. There were a few closing questions from Council. • Mr. Goff advised that Evergreen's application for the ramps will be a three-party agreement -Evergreen, the City and COOT. • He also agreed that staff will do some research on large day cares in residential zones. ADJOURNMENT The Special Study Session adjourned at 9:24p.m. George Pond, Mayor pro tern SPECIAL STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue January 30, 2017 Mayor pro tern George Pond called the Study Session to order at 6:30 p.m . Council members present: George Pond, Janeece Hoppe, Kristi Davis, Monica Duran, Tim Fitzgerald, Zachary Urban, Genevieve Wooden, and Larry Mathews Absent: Mayor Joyce Jay Also present: City Clerk, Janelle Shaver; City Manager, Patrick Goff; guest, Heather Bergman; and interested citizens. CITIZEN COMMENT ON AGENDA ITEMS Guy Nahmiach (WR) addressed good schools as they relate to the City's vision. He noted the school district's plan to close five schools in pursuit of $20.4M for teacher raises -including Pennington and Stober Elementary schools, which serve Wheat Ridge. Other cuts include eliminating the GT program at Wheat Ridge High School. People move here for this. This is the only GT program the County has and eliminating it will lead to closing the GT program at Everitt Middle School. He just came from a community meeting about this; people are very upset. He reminded that Martensen and WR 5-8 have already been closed. He encouraged people to get involved. Jesse Hill (WR) praised the good efforts that have been made in pre-planning for the retreat. This is good information for citizens. He suggested that notes be taken at the retreat so citizens can know what was discussed. He likes the idea of focus and would like to see closure on the issue of ADU's. He wished Council good luck in their discussions. APPROVAL OF AGENDA Staff report(s) none 2. Strategic Planning/Retreat Preparation -Heather Bergman Ms. Bergman opened with suggestions for how to make the discussion be productive. 1) Her job is to help Council decide what it wants as a foundation for the strategic plan. SPECIAL STUDY SESSION NOTES: January 30, 2017 Page -2- 2) Be willing to accept other people's ideas 3) Stick to the concepts -do not focus on individuals words. She, Mr. Goff and Mr. Pond can wordsmith your shared thoughts later. She spoke briefly about what a vision document should say and that there are things the City can influence and things it cannot. Councilmembers shared their views about preparing a vision, whether it should be comprehensive or restricted only to things the City has direct influence over, and whether it should be general or specific. Ms. Bergman guided a lengthy discussion through the Wheat Ridge Vision 2025, which included existing wording and the suggestions that had been submitted by some of the councilmembers and the mayor. Councilmembers offered their thoughts on each point. Ms. Bergman took notes on areas of agreement and wording that could be deleted or massaged. This will all be re-worked and prepared for the retreat. Ms. Bergman solicited input on the next steps between now and the retreat for how to address the goals and challenges. Councilmembers offered their thoughts. The retreat will focus on action items. Mr. Goff reviewed the schedule for the next study sessions and the two days of the retreat (Friday evening and Saturday, March 3 and 4). COUNCILMEMBERS' MATTERS Larry Mathews reported that the RTD representatives had been in Washington last week. There will be a public meeting on February 9 at 2:00pm at 1600 Blake Street. The Gold Line problems will be on the agenda and the meeting is open to the public. George Pond thanked Ms. Bergman for her work and the Council for a good discussion. ADJOURNMENT The Special Study Session adjourned at 9:32 p.m. APPROVED BY CITY COUNCIL ON February 13, 2017 George Pond, Mayor pro tern STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue February 6. 2017 Mayor Joyce Jay called the Study Session to order at 6:30 p.m. Council members present: Monica Duran, Kristi Davis, Zachary Urban, George Pond, Tim Fitzgerald, Larry Mathews, Genevieve Wooden Absent: Janeece Hoppe Also present: City Clerk, Janelle Shaver; City Treasurer, Jerry DiTullio; City Attorney, Jerry Dahl; City Manager, Patrick Goff; Parks Director, Joyce Manwaring; Public Works Director, Scott Brink; Administrative Services Director; Heather Geyer; Community Development Director, Ken Johnstone; Police Chief, Daniel Brennan; other staff, guests, and interested citizens CITIZEN COMMENT ON AGENDA ITEMS none 1 Staff Report(s) a) Ordinance to approve implementation of the sales tax raise to 3.5% Mr. Dahl briefly reported to Council that an ordinance is forthcoming to make our Code of Laws reflect the increase in sales and use tax the voters approved in November. First Reading will be at the next City Council Meeting. 2. Local Government Liability Issues -Tami Tanoue, CIRSA Tami Tanoue, from CIRSA, gave a presentation to Council about governance. Topics she touched on included: • Governance characteristics • Dissenting voices; what to do after a decision has been made • Personal conduct, the importance of non-partisanship, the governing body as a whole • The importance of a balance of information (everyone having the same information) • The element of trust among councilmembers is paramount • Mayor and councilmembers conforming to their roles as defined by the charter • Staff should not be expected to be involved in political decisions; staff should not be blindsided in public. STUDY SESSION NOTES: February 6, 2017 Page -2- • Public comment is best when focused on tone and content, but suppressing rude or abusive public comment is usually ineffective. Setting an example and creating a culture of civility is the most helpful. • The difference between actual power and perceived power -which should be used wisely and humanely. • The Manager should be a resource. Staff should not be considered "the enemy". • Governmental immunity covers when the parameters of an elected officials' job description are maintained. Heather Bergman, who will be facilitating the retreat, explained to Council that Ms. Tanoue's presentation was scheduled in anticipation of the retreat. She asked Ms. Tanoue to address the consistent polarization on Council. • Councilmembers should limit Facebook postings to conform to open meetings law. • Mr. Dahl expounded on quasi-judicial matters, ex parte contact and expressing ex parte opinions. Ms. Tanoue noted the goal is to preserve councilmembers' ability to participate in a quasi-judicial matter. • Keeping personal and council Facebook pages very separate is a good idea. Nothing on social media is private. • Ms. Tanoue expressed that constant "sides" indicates a form of partisanship; she encouraged focus on issues -not "sides". Dinner -7:30 pm A recess was taken at 7:30 for dinner. 4. Elected Legislative Session The meeting resumed at 7:53. The group was joined by Senator Cheri Jahn, Rep. Jesse Danielson, and Kevin Bommer, deputy director of CML. Introductions were made Councilmember Urban, Council representative on the CML Policy Committee, reported. Senator Jahn said she would be working mostly on opioid and substance abuse issues. Transportation and construction defects continue to be big issues at the legislature. Rep. Danielson said she will continue working on seniors' issues. A law on elder abuse passed last year, but there is more to do. Other issues she is focusing on include the gap in home health care jobs, equal pay for equal work, wage theft claims, transparency and accountability about how government communicates with people, improving service to veterans, and educational credits given to veterans for their service. • Her first monthly town meeting in this Saturday at the Seniors Resource Center at 10. • She reported being appointed Speaker pro tem for the House of Representatives. STUDY SESSION NOTES: February 6, 2017 Page -3- Councilmembers inquired about various legislative topics. There was discussion which included input from the guests and comments by staff and Council. Internet service voter approval: Mr. Bommer advised that old SB42 was negotiated down to allow voter approval for cities to provide broadband infrastructure. Several jurisdictions have now been able to provide service without having an election. Voters statewide overwhelmingly want their cities to get involved. The issue is only about investing in broadband infrastructure. Mr. Goff said Wheat Ridge has not had this issue as a priority, but there is a group within Jefferson County working on it. Kevin Bommer spoke on the following issues now before the legislature: Construction defects: Conflict remains that is preventing owner-occupied housing from being built. Several bills are coming along with a different approach. They offer alternative dispute resolution and the right to repair. Any efforts to pre-emt any local ordinances, such as WR has enacted, would certainly be opposed by CML. Urban Renewal: He thinks some past legislation was sloppy and misguided, but it can be fixed. Schools and special districts will now be part of all UR consideration, but the applicability clause of HB 1348 is unclear. Mr. Goff noted the City took pre-emptive efforts last year by starting the clocks on all our UR areas. Steve Art related cooperative efforts that are ongoing. Sales tax: A simplified sales tax mechanism is in the works which would have cities cooperate with the state. The standard definitions package has been adopted. A single point of remittance for home rule cities' sales tax collection is still being considered. This is an issue for some. It may go to a task force. There was some discussion on this topic. • Treasurer DiTullio expressed concern that centralized collection could lead to cities not getting all their tax back. Mr. Bommer clarified that the collection would be done by a third part vendor; the state would not get any of the money. Also, it would be volunteer for home-rule cities as the Constitution guarantees them self-collection. • Mr. Bommer explained this is being considered to provide convenience for businesses that have operations (and collect taxes) in more than one jurisdiction. Other topics: • Judge Randall expressed concerns about efforts by the legislature to correct larger societal issues. He cited the example of requiring cities to provide attorneys for folks in custody -when most of them don't even need an attorney at that point. Restorative Justice is fine, but funding is an issue. o Mr. Bommer acknowledged that lack of funding may delay compliance date. o Councilmember Urban noted we have $20K budgeted for this as an unfunded mandate. STUDY SESSION NOTES: February 6, 2017 Page-4- • Chief Brennan spoke on red light cameras and photo radar, and the impact of certain CORA requests. He shared that cities being held liable for medical costs for arrestees is a significant liability for cities. He also pointed out the flaws in mandated training for law enforcement when the training is not vetted for providers, described, given a measurement, etc. There is no framework. Rep. Danielson left at 9:15 • Sen. Jahn said no information is available yet on the status of funding for education. • Human trafficking: That is a House bill and Sen. Jahn has heard nothing so far • Free standing ER's: A proposed bill would likely just create a licensure program. Mr. Goff noted our moratorium will be expiring in April. • Sales tax increase to fund transportation: CML monitors that. Nothing definite so far. • Ken Johnstone reported the City has received money for the Fruitdale project from the state -almost $200K in State Historic tax credits and another $1 M in state tax credits. • There is lots going on with marijuana and liquor. On-premise consumption clubs are being considered. Mr. Bommer posed that it will likely end up being left as a local decision. Mr. Goff noted Wheat Ridge has already prohibited them. • Mr. Bommer made note of efforts to allow cities to extended hours for liquor licenses. • Clerk Shaver told of CORA requests by data mining companies that request data and use it to sell their programs/software. They have no interest in the content, but our employees provide them with data for their product and they make the profit. It is time consuming for staff and the reimbursement is meager. Neither Sen. Jahn nor Mr. Bommer has heard of any efforts to quell this practice. • Sen. Jahn reported that only 28% of doctors are using the Prescription Drug Monitoring Program. She has a bill to add pharmacies and veterinarians -the vets to address pet abuse. There are pet owners who injure their pets to get the pain meds. ADJOURNMENT The Study Session adjourned at 9:32 pm. APPROVED BY CITY COUNCIL ON February 13, 2017 George Pond, Mayor Pro Tern ~ i " ... ~ ·• City of JP'WheatRi_dge ITEMNO:k· DATE: February 13, 2017 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 03-2017 - A RESOLUTION AMENDING THE FISCAL YEAR 2017 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE RE-APPROPRIATION AND RE-ENCUMBRANCE OF 2016 FISCAL YEAR ENCUMBERED FUNDS IN THE AMOUNT OF $1,577,773.37 D PUBLIC HEARING D BIDS/MOTIONS [8'.I RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1 ST READING 0 ORDINANCES FOR 2ND READING D YES There are 42 open purchase orders from the 2016 budget that need to be carried over to the 2017 budget. Each purchase order is associated with a specific project that was not fully completed in the 2016 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 2017, a supplemental budget appropriation in the amount of $1,577,773.37 is necessary to allow transfer of these funds into specific budget line items in the 2017 Budget. PRIOR ACTION: None FINANCIAL IMPACT: A supplemental budget appropriation is requested in the amount of$1,577,773.37. When the purchase orders were closed on December 31, 2016, 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 this request and there will not be a net negative effect to the unreserved fund balances. A detailed list of open purchase orders for 2016 is attached. The funds will be distributed as follows: Council Action Form-Budget Carryovers February 13, 2017 Page2 General Fund Capital Investment Program Fund (CIP) Open Space Fund Conservation Trust Fund Total: BACKGROUND: $ 290,244.29 $ 819,311.33 $ 442,417.75 $ 25.800.00 $ 1,577,773.37 Swanhorst & Company LLC, the City's independent auditor, included the following note and recommendation in their 2004 Audit Management Letter dated March 25, 2005: The City currently utilizes encumbrance accounting. State budget law requires the re- appropriation of purchase orders and projects for each new budget year. While the City is a home- rule City and is not required to follow the state law, current practice throughout Colorado does not include the use of encumbrances. We recommend that the City consider utilizing generally accepted accounting principles (GAAP) for its budgeting basis. This will allow the City to use a single basis of accounting 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. RECOMMENDATIONS: Staff recommends approval of the supplemental budget appropriations. RECOMMENDED MOTION: "I move to approve Resolution No. 03-2017 -A resolution amending the Fiscal Year 2017 Budget to reflect the approval of a supplemental budget appropriation for the re-appropriation and re- encumbrance of the 2016 fiscal year encumbered funds in the amount of $1,577,773.37." Or, "I move to postpone indefinitely Resolution No. 03-2017, a resolution amending the Fiscal Year 2017 Budget to reflect the approval of a supplemental budget appropriation for the re-appropriation and re-encumbrance of the 2016 fiscal year encumbered funds in the amount of$1,577,773.37 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: 1. Resolution No. 03-2017 2. Open Purchase Order Report for 2016 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 03 Series of 2017 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2017 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE RE-APPROPRIATION AND RE- ENCUMBRANCE OF 2016 FISCAL YEAR ENCUMBERED FUNDS IN THE AMOUNT OF $1,577,773.37 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, 42 open purchase orders from 2016 were closed on December 31,2016;and WHEREAS, to continue these projects in 2017 a supplemental budget appropriation is necessary to transfer the funds from unreserved fund balances to specific 2017 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 2017 Budget be amended accordingly, specifically transferring a total of $1,577, 773.37 from the following unreserved fund balances to specific 2017 Budget line items as detailed· in the attached spreadsheets: General Fund $ 290,244.29 Capital Investment Program Fund (CIP) $ 819,311.33 Open Space Fund $ 442,417. 75 Conservation Trust Fund ~$ __ 2_5~.8_0_0_.0_0 Total: $ 1,577, 773.37 DONE AND RESOLVED this 13th day of February 2017. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 PO/LINE ORDERED DESCRIPTION General Fund 01-103-700-750 PROFESSIONAL SERVICES 61813/1 09/06/2016 2016 INTERIM AUDIT SERVICES 01-103-700-750 TOTAL OPEN PURCHASE ORDER REPORT FOR 2016 END OF YEAR OPEN QTY OPEN AMT 1 $ 10, 700.00 $ $ 10,700.00 ORIG AMT VENDOR NUMBER/ NAME 20,500.00 21267 SWANHORST & COMPANY LLC Description: The remaining balance in PO 61813 is for 2016 interim audit services. The on-site audit took place in December, and the report is anticipated by the end of January, 2017. 01-106-700-798 61848/1 01-106-700-798 MANAGEMENT CONTINGENCY ENCUMBER FUNDS FOR CLEAR CREEK 12/31/2016 CROSSING CONSULTANT SERVICES TOTAL 1 $1,550.00 $3,880.00 31250 ECONOMIC & PLANNING SYSTEMS $1,550.00 Description: PO 61848 is for financial consulting services in support of the City's evaluation of the need for public financing assistance to provide developers with a reasonable rate of return at the Clear Creek Crossing project. Evaluation work will continue in 2017. 01-113-700-750 PROFESSIONAL SERVICES 61835/1 12/07/2016 G-LINE GRAND OPENING PARTY 1 $20,000.00 $20,000.00 22233 VARIOUS VENDORS 01-113-700-750 TOTAL $20,000.00 Description: RTD was unable to open the G-Line in 2016 as intended, and the opening date is yet to be determined. These funds are specific to the G-Line Grand Opening Party for the Ward Rd. TOD Station in Wheat Ridge. 01-115-700-704 CONTRACTUAL SERVICES BUDGET & SALES TAX 61779/1 06/20/2016 CONSTRUCTION SALES & USE TAX AUDITS 1 01-115-700-704 TOTAL $ $ 1,320.00 $ 1,320.00 Description: PO 61779 work is complete as of early 2017. $1,320 represents the final billing for the 2016 audits. Attachment 2 Page 1of9 56,100.00 31356 PUBLIC RESOURCES MGMT aka PREMA Corp. PO/LINE ORDERED DESCRIPTION 01-117-800-806 61826/1 10/25/2016 CONVERSION OF RIGHT OF WAY PERMIT INFO 61827/1 10/27/2016 TIME AND ATTENDANCE SOFTWARE SYSTEM 01-117-800-806 TOTAL OPEN PURCHASE ORDER REPORT FOR 2016 END OF YEAR OPEN QTY OPEN AMT 1 $ 5,465.00 $ 1 $ 10,125.00 $ $ 15,590.00 ORIG AMT VENDOR NUMBER/ NAME 8,520.00 740 AMERICAN DATA GROUP, INC. 34,582.52 31427 DATA MANAGEMENT, INC. Description: PO 61826 is for work being done to convert a Right-of-Way access database to the ADG permit module. Completion of the conversion is anticipated by the end of the first quarter 2017. PO 61827 is for hardware, software and project management services for a new Time and Attendance system. This project is in progress, with implementation anticipated by late Spring of 2017. 01-117-800-809 OTHER MAJOR EQUIPMENT 61834/1 12/07/2016 2 SEMI-RUGGED LAPTOPS FOR PD VEHICLES 01-117-800-809 TOTAL 1 $ $ 4,998.44 $ 4,998.44 4,998.44 31444 HP, INC. Description: PO 61834 is for semi-rugged laptops. The laptops were not received until January 2017. An invoice is on hand and will be paid once the carryovers are approved along with the supplemental budget approval. 01-123-700-750 PROFESSIONAL SERVICES 61847 /1 12/30/2016 EPA GRANT FUND BALANCE 1 $10,482.73 $10,482.73 22233 VARIOUS VENDORS 01-123-700-750 TOTAL $10,482.73 Description: PO 61847 represents the balance of funds available from the EPA Brownfield's grant, to be used for Brownfields assessments. The grant expiration date has been extended to September 30, 2017. 01-201-700-750 61655/1 01-201-700-750 PROFESSIONAL SERVICES 12/04/2015 PD RECRUITMENT VIDEO PRODUCTION TOTAL 1 $ $ 1,000.00 $ 1,000.00 3,000.00 30153 IOTK MEDIA LLC Description: PO 61655 is to produce a recruitment video for the Police Department. Phase 2 of the project was completed in January 2017, and the City has yet to be invoiced for the work. 01-201-800-802 OFFICE FURNITURE & EQUIPMENT 61843/1 12/21/2016 POLICE CHIEF CONFERENCE ROOM CHAIRS 1 $3,000.00 $3,000.00 20103 OFFICESCAPES 01-201-800-802 TOTAL $3,000.00 Description: PO 61843 encumbers funds for the purchase of chairs for the Chief's conference room. The choice of chairs was not finalized before year-end. Chairs will be ordered in 2017. Page 2of9 PO/LINE 01-207-700-728 61844/1 01-207-700-728 ORDERED DESCRIPTION TRAINING 12/21/2016 TECHNICAL WRITING SKILLS TOTAL OPEN PURCHASE ORDER REPORT FOR 2016 END OF YEAR OPEN QTY 1 $ $ OPEN AMT 4,100.00 $ 4,100.00 ORIG AMT VENDOR NUMBER/ NAME 9,000.00 29624 J. RAMOS ASSOCIATES, LLC Description: PO 61844 encumbers funds for a career coaching and technical writing skills class for two people, to be scheduled in early 2017, per the proposal, the PO balance was adjusted (liquidated) accordingly. 01-211-800-809 61825/1 01-211-800-809 OTHER MAJOR EQUIPMENT 10/24/2016 LARUE TACTICAL TRAINING WEAPON TOTAL 1 $ $ 3,411.90 $ 3,411.90 3,411.90 31421 LARUE TACTICAL Description: PO 61825 is for a specific training weapon ordered, but not received in 2016. Delivery is expected in late February or March of 2017 01-302-700-750 PROFESSIONAL SERVICES 61846/1 12/30/2016 LAND SURVEYING SERVICES FOR ROW 1 $ 30,000.00 $ 30,000.00 29613 FLATIRONS, INC. 01-303-700-750 TOTAL $ 30,000.00 Description: PO 61846 is for land surveying services specific to making a right-of-way mapping adjustment in the area of 44th Ave. and Youngfield St. The RFP award was approved in December 2016, work will occur in 2017. 01-303-650-660 61698/1 01-303-650-660 OPERATING SUPPLIES STREET MAINTENANCE 01/21/2016 2016 ROAD & SALT DE-ICER TOTAL 1 Description: PO 61698 balance is needed to pay one last invoice for a salt delivery made in 2016. 01-303-800-807 FLEET REPLACEMENT 61841/1 12/16/2016 2017 FORD F-150 4x4 ON ORDER 1 61842/1 12/16/2016 UPFIT FOR 2017 FORD F-150 4x4 1 61896/1 12/31/2016 ENCUMBER FUNDS FOR STREET SWEEPER 1 01-303-800-807 TOTAL $ $ $ $ $8,000.00 $160,000.00 22233 VARIOUS VENDORS $8,000.00 24,948.00 $ 24,948.00 30346 SPRADLEY BARR FORD LINCOLN MER 1,500.00 $ 1,500.00 22233 VARIOUS VENDORS 119,930.00 $ 119,930.00 22233 VARIOUS VENDORS 146,378.00 Description: PO 61841 is for a new vehicle, Unit 214, with delivery expected in 2017. PO 61842 is for upfit equipment and services for Unit 214, once received. PO 61896 represents partial funding for a new Elgin Street Sweeper, RAQC grant pending approval in 2017. Page 3 of 9 PO/LINE 01-603-650-660 61845/1 01-603-650-660 ORDERED DESCRIPTION OPERATING SUPPLIES PARKS MAINTENANCE 12/21/2016 HEAL GRANT AWARD FOR PARK SIGNS TOTAL OPEN PURCHASE ORDER REPORT FOR 2016 END OF YEAR OPEN QTY OPEN AMT 1 $ $ 4,000.00 $ 4,000.00 Description: PO 61845 is intended to encumber grant awarded funds for park signs. Signs have not been ordered. 01-603-700-77 4 61772/1 61829/1 01-603-800-809 FACILITY REPAIR & MAINTENANCE 05/25/2016 ASHPHALT/CONCRETE REHAB (PARK FACILITIES) 1 11/14/2016 PANORAMA PARK GAS LINE DEMO 1 TOTAL $ $ $ 1,542.55 $ 1,810.67 $ 3,353.22 ORIG AMT VENDOR NUMBER/ NAME 4,000.00 22233 VARIOUS VENDORS (HEAL -Healthy Eating Active Living) 3,761.22 30681 MARTIN MARIETTA MATERIALS 1,818.67 10340 XCEL ENERGY Description: PO 61772 is complete, the retainage amount is being carried over, to be paid following final settlement advertised as 2/15/17. The schedule with Xcel is yet to be determined for PO 61829. 01-605-650-654 61836/1 01-605-650-654 PHOTOCOPY & PRINTING EXP. 12/07 /2016 PEAKS TO PLAINS -SIGNAGE FOR CLR CRK TRL 1 TOTAL $ $ 22,000.00 $ 22,000.00 22,000.00 22233 VARIOUS VENDORS Description: PO 61836 represents the City of Wheat Ridge portion of a joint project with Jefferson County, who did not move forward with the Peaks to Plains sign age project in 2016. TOTALOl GENERAL FUND Ca pital Project Fund 30-302-800-833 61665/1 61665/2 30-302-800-833 MISC DRAINAGE IMPROVE ENGINEERING 12/23/2015 2015 MISC. DRAINAGE PROJECT 12/23/2015 PROJECT CONTINGENCY TOTAL 1 1 $ $ $ $290,244.29 $ 9,816.76 $ 9,816.76 179,570.00 31270 DIAZ CONSTRUCTION 20,000.00 31270 DIAZ CONSTRUCTION Description: PO 61665 construction work for replacement of two failed outfalls on the south side of the bluff above Clear Creek is complete; the City is waiting on the contractor to provide as-built drawings before advertising the close-out of the project, and paying retainage in the amount of $9,816. 76. Page 4of9 PO/LINE ORDERED DESCRIPTION 30-303-800-841 CLEAR CREEK CROSSING DEVELOPMENT 61592/1 07/30/2015 CLEAR CREEK CROSSING TRAFFIC STUDY 61592/2 05/09/2016 CLEAR CREEK CROSSING DEVELOPMENT 61592/3 09/22/2016 CLEAR CREEK CROSSING DEVELOPMENT 61592/4 11/28/2016 CLEAR CREEK CROSSING DEVELOPMENT 61592/5 12/07/2016 CLEAR CREEK CROSSING DEVELOPMENT 30-303-800-841 TOTAL OPEN PURCHASE ORDER REPORT FOR 2016 END OF YEAR OPEN QTY OPEN AMT 1 $ 1 $ 1 $ 1 $ 123,180.34 1 $ $ 123,180.34 ORIG AMT VENDOR NUMBER/ NAME $ 18,935.85 30978 PARSONS BRINCKERHOFF, INC $ 69,491.20 30978 PARSONS BRINCKERHOFF, INC $ 6,947.53 30978 PARSONS BRINCKERHOFF, INC $ 169,320.01 30978 PARSONS BRINCKERHOFF, INC $ 8,000.00 30978 PARSONS BRINCKERHOFF, INC Description: Regarding PO 61592, the engineering work for a traffic study specific to the Clear Creek Crossing Development is ongoing. Project work was expanded several times in 2016, as seen in the line item increases to the PO. Engineering work will continue in 2017 30-303-800-853 61771/1 30-303-800-853 BIKE/PED 05/20/2016 2016 BIKE/PED MASTER PLAN TOTAL 1 $ $ 2,702.38 $ 2,702.38 59,788.00 31343 TOOLE DESIGN GROUP, LLC Description: PO 61771 represents competitive award of the 2016 Bicycle and Pedestrian Master Plan consultant. Services have been paid to 10-28-16. $2,702.38 is the amount due for 2016 billing not submitted in 2016. Early drafts have been submitted, and final acceptance is anticipated by April of 2017. 30-303-800-861 61806/1 30-303-800-861 ADA TRANSITION PLAN 08/10/2016 ADA TRANSITION PLAN CONSULTANT TOTAL 1 $ $ 25,209.82 $ 25,209.82 43,247.60 31380 ALFRED BENESCH & COMPANY Description: PO 61806 represents hiring a consultant to assist the City in developing an ADA Transition Plan for curbs/ramps, sidewalks and other improvements needed in the right-of-way; and to begin repairs and corrections based on identified priorities, following a RFP process. Work continues into 2017. 30-303-800-865 61766/1 61766/2 30-303-800-865 05/10/2016 05/10/2016 WADSWORTH EA -DESIGN/CONSTRUCTION Environmental & Engineering Consultant Contingency TOTAL 1 1 $298, 712.09 $120,000.00 $418, 712.09 $1,200,164.00 31330 HOR ENGINEERING, INC. $120,000.00 31330 HOR ENGINEERING, INC. Description: PO #61766 is for the consultant work being done by HOR Engineering, Inc. on the Environmental Assessment (EA) aspect of reconfiguring Wadsworth Blvd. This step is required following a PEL, and prior to construction. Work on the EA has been paid through 2016 and continues into 2017. Page 5 of 9 OPEN PURCHASE ORDER REPORT FOR 2016 END OF YEAR PO/LINE ORDERED DESCRIPTION OPEN QTY OPEN AMT ORIG AMT VENDOR NUMBER/ NAME 30-303-800-884 PREVENTATIVE MAINT STREET MAINT 61663/1 12/23/2015 STRUCTURAL ENGINEERING SERVICES 1 $ 61,378.06 $ 85,750.00 31269 EST, INC. 61763/1 05/18/2016 2016 OVERLAY PROJECT/ CONCRETE 1 $ 10,758.40 $ 1,611,993.02 30681 MARTIN MARIETIA MATERIALS 61763/2 05/18/2016 2016 OVERLAY PROJECT CONTINGENCY 1 $ 68,954.45 $ 82,799.15 30681 MARTIN MARIETIA MATERIALS 61816/1 09/21/2016 BRIDGE REHABILITATION PROJECT 1 $ 5,791.74 $ 173,183.00 31404 ABCO CONTRACTING, INC. 61816/2 09/21/2016 CONTINGENCY FOR BRIDGE REHABILITATION 1 $ 3,018.33 $ 34,650.00 31404 ABCO CONTRACTING, INC. 30-303-800-884 TOTAL $ 149,900.98 Description: PO 61663, issued to EST, Inc. in December of 2015, represents program funds intended for engineering services and analysis of deficient bridges in three locations. Work is underway. PO 61763 represents the base bid and contingency for the 2016 Overlay project, which has been paid to 12/14/16. The project is now complete and retainage in the amount of $79,712.85 will be paid following final settlement, scheduled for 2/15/17. PO 61816 represents the award to ABCO Contracting, inc. for repairs and needed construction to the bridge at Marshall St. over Clear Creek. The $8,810.07 balance represents retainage, which will be release following advertisement of a final settlement date. 30-304-800-844 61770/1 30-304-800-844 NEIGHBOR TRAFFIC MANAGEMENT PROJECT {NTMP) 05/18/2016 SPEED HUMP INSTALLATION TOTAL 1 $ $ 488.96 $ 488.96 10,813.96 30681 MARTIN MARIETIA MATERIALS Description: The PO 61770 balance of $488.96 represents retainage, which will be paid following advertisement of project close-out, as a bid alternate included in the 2016 Overlay award. 30-610-700-724 GATEWAY PROJECT 61833/1 12/01/2016 GATEWAY ENTRY SIGNS FOR THE CITY 1 $ 26,300.00 $ 26,300.00 30267 GORDON SIGN -DENVER 30-610-700-724 TOTAL $ 26,300.00 Description: PO 61833 represents an order for four gateway signs. Public Works is waiting for information from Gordon Sign, and is prepared to issue permits for installation of the signs in the City right of way in early 2017 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 $ $ 63,000.00 $ 63,000.00 63,000.00 22233 VARIOUS VENDORS Description: PO 61158 is to encumber funds for remodeling of the Court facilities and offices. Court staff has been discussing and planning for this project, but due to capacity has been unable to begin working with an architect or GC. The project remains a priority, but was not budgeted for 2017, therefore we request that the 2016 funds are carried over. TOTAL30 CAPITAL INVESTMENT PROGRAM FUND {CIP) $819,311.33 Page 6of9 PO/LINE ORDERED DESCRIPTION Open Space Fund 32-601-800-865 PW/PARKS OPERATIONS FACILITY 61785/1 07/05/2016 ARCHITECTURAL/STRUCTURAL DESIGN CONSLT 61785/2 07/05/2016 PHASE II -CONSTRUCTION ADMIN 61837/1 12/13/2016 PARKS EQUIPMENT STORAGE BLDG CONST. 32-601-800-865 TOTAL OPEN PURCHASE ORDER REPORT FOR 2016 END OF YEAR OPEN QTY 1 1 1 OPEN AMT $ 33.50 $ $ 3,000.00 $ $ 134,500.00 $ $ 137,533.50 ORIG AMT VENDOR NUMBER/ NAME 12,500.00 31364 INTERGROUP ARCHITECTS 3,000.00 31364 INTERGROUP ARCHITECTS 134,500.00 22233 VARIOUS VENDORS Description: PO 61785 is for the design services needed for building a new storage facility for Parks equipment, and includes construction administration which will be needed in 2017 after bidding out the construction of the building. PO 61837 encumbers funds intended for the construction award of the new storage facility for Parks equipment. 32-601-800-870 61800/1 61801/1 32-601-800-870 OPEN SPACE IMPROVEMENTS 08/08/2016 CLEAR CREEK TRAIL SHELTER PROJECT 1 08/08/2016 CONTINGENCY FOR CLR CRK TRL SHELTER PROJ 1 TOTAL $ $ $ 38,233.75 $ 10,375.00 $ 48,608.75 207,500.00 7640 KECI COLO INC. 10,375.00 22233 VARIOUS VENDORS Description: PO 61800 construction and placement of new Clear Creek Trail shelters. Construction is not complete, and concrete pours are weather dependent, and will continue into 2017. PO 61801 represents contingency for the Clear Creek Trail shelter project, and may be needed in 2017 as work on the project continues. 32-601-800-871 PARKS MAINTENANCE PROJECTS 61646/1 11/13/2015 PANORAMA IRRIGATION SYSTEM DESIGN 1 32-601-800-871 TOTAL $ $ 350.00 $ 350.00 6,425.00 31249 IRRIGATION DESIGN & CONSTRUCT. Description: The $350 balance of PO 61646 is intended for construction administration of a new and improved irrigation system for Panorama Park. Design work is complete, with construction bids bue on 2/14/17 and work proposed for the spring of 2017. Construction funding for this project is included in the 2017 budget. Page 7of9 PO/LINE 32-601-800-872 61839/1 61839/2 61840/1 32-601-800-872 OPEN PURCHASE ORDER REPORT FOR 2016 END OF YEAR ORDERED DESCRIPTION OPEN QTY OPEN AMT TRAIL REPLACEMENT/REPAIR 12/14/2016 CLEAR CREEK TRAIL MAINT. REPLACEMENT 1 $ 107,050.00 $ 12/14/2016 AMEND TO EXTEND TRL MAINT. REPLACEMENT 1 $ 32,604.00 $ 12/14/2016 CONTINGENCY FOR CLR CRK TRL MAINT/REPLC 1 $ 10,705.00 $ TOTAL $ 150,359.00 ORIG AMT VENDOR NUMBER/ NAME 107,050.00 31448 MURPHY CONSTRUCTION CO. 32,604.00 31448 MURPHY CONSTRUCTION CO. 10,705.00 22233 VARIOUS VENDORS Description: PO 61839 is for the construction of a replacement portion of the Clear Creek Trail west of Miller St., replacing asphalt with concrete. The contract with Murphy Construction was amended to extend the length of the trail replacement section. PO 61840 represents contingency funds established for the construction of the replacement section of the Clear Creek Trail, and should remain open until PO 61839 is closed out as they are for the same project. Work on the trail is subject to weather conditions condusive to pouring concrete in 2017 32-601-800-873 PROSPECT PARK IMPROVEMENTS 61818/1 09/27/2016 PROSPECT PARK MASTER PLAN-DEVELOP 1 $ 82,406.50 $ 119,620.00 29985 DESIGN CONCEPTS INC 61818/2 09/27/2016 INCREASE PO FOR CLOMR/LOMR WORK 1 $ 17,265.00 $ 17,265.00 29985 DESIGN CONCEPTS INC 61838/1 12/13/2016 PROSPECT PARK GEO-TECH EXPLORATION 1 $ 5,895.00 $ 6,550.00 30564 TERRACON CONSULTANTS INC 32-601-800-873 TOTAL $ 105,566.50 Description: PO 61818 is for the first phase of creating a Master Plan for Prospect Park with plans still being developed. This is a phased project with construction plan documents and park construction anticipated in 2017. PO 61838 is for geotechnical exploration needed to correctly site park improvements, such as a new shelter. TOTAL32 OPEN SPACE FUND $442,417.75 Page 8of9 PO/LINE ORDERED DESCRIPTION Conservation Trust Fund 54-601-800-860 61778/1 54-601-800-860 FACILITY IMPROVEMENTS 06/17/2016 INDOOR POOL IMPROVEMENTS TOTAL OPEN PURCHASE ORDER REPORT FOR 2016 END OF YEAR OPEN QTY 1 $ $ OPEN AMT 25,800.00 $ 25,800.00 ORIG AMT VENDOR NUMBER/ NAME 56,085.00 31355 AQUATIC CHEMICAL SOLUTIONS Description: PO 61778 was for replacement of the indoor slide, and replacement of grates surrounding the indoor pool. Warranty work is still needed on the grates. TOTAL54 TOTALOl TOTAL30 TOTAL32 TOTAL54 GRAND TOTAL CONSERVATION TRUST FUND GENERAL FUND CAPITAL INVESTMENT PROGRAM FUND (CIP) OPEN SPACE FUND CONSERVATION TRUST FUND $25,800.00 $290,244.29 $819,311.33 $442,417. 75 $25,800.00 $1,577, 773.37 Page 9 of 9 ~ ~ 4 ~ City of JP'WheatRi_dge ITEM NO:~ DATE: February 13, 2017 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE ANNUAL RENEWAL OF THE CONTRACT WITH LOGISTIC SYSTEMS, INC. FOR THE LICENSING AND SUPPORT OF THE COMPUTER AIDED DISPATCH AND RECORDS MANAGEMENT SYSTEM SOFTWARE IN THE AMOUNT OF $87,893 D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1 ST READING 0 ORDINANCES FOR 2No READING D YES The annual renewal oflicensing and support of the existing computer aided dispatch (CAD), records management system (RMS), and mobile field reporting Logisys First Report (LFR) is necessary to maintain the existing software used by the police department. The annual renewal oflicensing and support will cost $87,893, which was approved in the 2017 Budget. PRIOR ACTION: The support and licensing for the software is renewed on an annual basis. FINANCIAL IMPACT: $87,893 was budgeted for the 2017 renewal. BACKGROUND: The proposed annual renewal of licensing and support of the CAD, RMS, and LFR is necessary to maintain the software currently used by the police department. The annual renewal of Council Action Form -Renewal of Software Systems February 13, 2017 Page2 licensing and support will cost $87,893, which was approved in the 2017 Budget. This package is all-inclusive for licensing and technical support services. It includes software upgrades, bug fixes and patches, and technical support for the implementation of the enhancements and fixes. The continued renewal of the annual licensing and support is necessary to maintain and update the CAD, RMS and LFR software. This renewal will allow for proactive support and maintenance by the IT division. RECOMMENDATIONS: Staff recommends renewing the contract with Logistic Systems, Inc. for the licensing and support of these software systems. RECOMMENDED MOTION: "I move to approve the annual renewal of the contract with Logistic Systems, Inc., for the licensing and support of the Computer Aided Dispatch and Records Management System software in the amount of $87,893." Or, "I move to postpone indefinitely the annual renewal of the contract with Logistic Systems, Inc., for the licensing and support of the Computer Aided Dispatch and Records Management System software in the amount of $87,893 for the following reason(s)." REPORT PREPARED AND REVIEWED BY: Michael Steinke, IT Manager Heather Geyer, Administrative Services Director Patrick Goff, City Manger ATTACHMENTS: 1. Logistic Systems Invoice # 022674 ~p~;r.att); ;&~$.£~:$:,. INQ:• 3:0'0JJ PJ\tME:R S'J.' MISSOULA;, MT· ··5'98-0·ff • I N V 0 I •C E ~ .$910. W.ftp7;,'l' R-i::DGJ!r {¢l't'Y. QF,). ~p: To::.. AT.TN.~ M . .tRE STEINKE 7 SO·O w 2 .. 9TH ~VE WHEAT· RIDGE~, ca .$ff0.3·3; . ShJp Via .. : :Sn.ip :Date:· 01/01117· "!)ue :oa,t:e.. : :o lfl:Jfl 7 T~ :inns • ~ • • : REC@t i>T i.F'R ACG'.IOE!~'l' Mt)OUliE rN·T-ERFAC·E ~·o DYNAM·i:C IMAd.l'."i-l'G ·Mt,fG$Hd'r :soi.borto&· ·· · ·· · · · · · · .rNT-ERFACE VTILI'l',Y F.QR .J?b. 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E 3.23'.9B • co, E 1::n3. oo· e 9:.5:$ • Q-0 E 1~·0.05 .• Ob E .3S:03. 00 E ·cont,i.:r;n~:ed •..•. ~ ~ A~ • • City of JP'Wlieat:Ri_dge ITEM NO: -2...:_ DATE: February 13, 2017 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL 01-2017 -AN ORDINANCE AMENDING 22- 56 AND 22-66 OF THE WHEAT RIDGE CODE OF LAWS TO CODIFY AN INCREASE IN THE CITY'S SALES AND USE TAX RATE PURSUANT TO VOTER APPROVAL GRANTED ON NOVEMBER 8, 2016 D PUBLIC HEARING D BIDS/MOTIONS 0 RESOLUTIONS IZI ORDINANCES FOR 1 ST READING (2/13/2017) 0 ORDINANCES FOR 2ND READING (2/27/2017) QUASI-JUDICIAL: D YES IZI NO <;/? ~J/,.,.LJ ,,,-i L{_~_ftl City Attorney cR~f7){f}i ISSUE: At the regular general election held on November 8, 2016, the electorate of the City approved ballot question 2E, which increased the sales and use tax levied by the City by one-half of one percent, to 3 .5% of the purchase price; therefore, it is necessary to amend the Code of Laws to implement this electoral decision. PRIOR ACTION: Shortly after the City incorporated in 1969, a 1 % sales and use tax was approved by the voters of the City. In 1975, the voters approved an additional 1 % increase to the sales and use tax rate. On November 2, 2004, the electorate approved an increase in the sales and use tax levied by the City to 3%. FINANCIAL IMPACT: Ballot question 2E authorizes the City of Wheat Ridge debt to be increased by up to $33,000,000 with a repayment cost ofless than $38,500,000 and Wheat Ridge taxes to be increased up to $3,700,000 annually in the first fiscal year through the rate increase of sales and use tax by one-half cent per dollar, with the proceeds of such tax increase to be used for specified purposes as set forth in the ballot question. Council Action Form-Sales Tax Increase February 13, 2017 Page2 BACKGROUND: In 2007, when the Mayor initiated a citizen task force to prioritize infrastructure needs, the City identified numerous unfunded capital infrastructure projects. That task force was referred to as the DIRT Task Force, referencing "drainage, infrastructure, roads and trails." A second DIRT Task Force was initiated by City Council directive on April 25, 2016. This citizen group was tasked with reprioritizing and updating the list of projects and recommending priorities to City Council. City Council directed staff to move forward with a ballot question requesting a temporary, one-half of one cent (0.50%) increase to the City sales and use tax rate for twelve years and the issuance of debt to finance the following projects: • ANDERSON PARK IMPROVEMENTS o IMPROVEMENTS TO ANDERSON PARK TO PROVIDE UPGRADED, RENOVATED AMENITIES AND FACILITIES THAT ENHANCE RECREATIONAL OPPORTUNITIES AND MEET THE CURRENT NEEDS OF PARK AND FACILITY USERS AND TO REDUCE MAINTENANCE AND REPAIR COSTS; RENOVATIONS TO INCLUDE BUT NOT BE LIMITED TO, RENOVATION OF THE ANDERSON BUILDING AND OUTDOOR POOL LOCKER ROOMS AND IMPROVEMENTS TO SURROUNDING PARK AMENITIES-ESTIMATED PROJECT COST $4,000,000; • WADSWORTH BOULEVARD RECONSTRUCTION -35rn AVENUE TO INTERSTATE-70 o RECONSTRUCTION OF WADSWORTH BOULEVARD TO PROVIDE AN IMPROVED MULTI-MODAL TRANSPORTATION FACILITY AND STREETSCAPE IMPROVEMENTS, TO RELIEVE AND MITIGATE SEVERE TRAFFIC CONGESTION AND FACILITATE REDEVELOPMENT AND ECONOMIC DEVELOPMENT OPPORTUNITIES -ESTIMATED CITY SHARE OF TOTAL PROJECT COST $7,000,000; • WHEAT RIDGE-WARD COMMUTER RAIL STATION AREA o CONSTRUCTION OF STREET, BICYCLE/PEDESTRIAN, PUBLIC AMENITIES AND OTHER INFRASTRUCTURE IMPROVEMENTS TO ADDRESS TRAFFIC GROWTH AND FACILITATE REDEVELOPMENT AND ECONOMIC DEVELOPMENT OPPORTUNITIES IN THE AREA SURROUNDING THE GOLD LINE STATION INCLUDING, BUT NOT LIMITED TO, RECONSTRUCTION OF RIDGE ROAD, 52N° AVENUE AND TABOR STREET, A TRAFFIC SIGNAL AT THEW ARD ROAD/RIDGE ROAD INTERSECTION AND A PEDESTRIAN BRIDGE OVER RAILROAD TRACKS LINKING THE JOB CENTERS TO THE SOUTH - ESTIMATED CITY SHARE OF TOTAL PROJECT COST $12,000,000; • CLEAR CREEK CROSSING -MIXED-USE DEVELOPMENT SITE ON THE WEST SIDE OF I-70 AT 3gTH AND YOUNGFIELD o CONSTRUCTION OF ON AND OFF HOOK RAMPS FROM INTERSTATE I-70 INTO THE CLEAR CREEK CROSSING DEVELOPMENT TO RELIEVE TRAFFIC CONGESTION AND IMPROVE VEHICULAR ACCESS AND TO FACILITATE REDEVELOPMENT AND ECONOMIC DEVELOPMENT IN A NEW MIXED-USED, SALES TAX GENERATING REDEVELOPMENT SITE -ESTIMATED CITY SHARE OF TOTAL PROJECT COST $10,000,000; Council Action Form-Sales Tax Increase February 13, 2017 Page3 RECOMMENDATIONS: Staff recommends amending Sections 22-56 and 22-66 to codify an increase in the City's sales and use tax. RECOMMENDED MOTION: "I move to approve Council Bill 01-2017, an ordinance amending Section 22-56 and 22-66 of the Wheat Ridge Code of Laws to codify an increase in the City's sales and use tax rate, pursuant to voter approval granted on November 8, 2016, on first reading, order it published, public hearing set for Monday, February 27, 2017 at 7 p.m. in City Council Chambers, and that it takes effect upon adoption." Or, "I move to postpone indefinitely Council Bill 01-2017, an ordinance amending Section 22-56 and 22-66 of the Wheat Ridge Code of Laws to codify an increase in the City's sales and use tax rate, pursuant to voter approval granted on November 8, 2107 for the following reason(s) " REPORT PREPARED AND REVIEWED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill 01-2017 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ COUNCIL BILL NO. 01 ORDINANCE NO. __ _ Series 2017 TITLE: AN ORDINANCE AMENDING SECTIONS 22-56 AND 22-66 OF THE WHEAT RIDGE CODE OF LAWS TO CODIFY AN INCREASE IN THE CITY'S SALES AND USE TAX RATE PURSUANT TO VOTER APPROVAL GRANTED ON NOVEMBER 8, 2016 WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, the Council has exercised these powers by the adoption of Chapter 22 of the Wheat Ridge Code of Laws concerning taxation; and WHEREAS, the Council also has authority pursuant to the Colorado Constitution and the City's home rule charter at Section 6.3 to refer questions to the electorate of the City; and WHEREAS, in the exercise of this authority, the City referred ballot issue 2E to the Wheat Ridge electorate at the November 8, 2016 general election; and WHEREAS, at said election, ballot question 2E was approved, authorizing the City of Wheat Ridge debt to be increased by up to $33,000,000 with a repayment cost of less than $38,500,000 and Wheat Ridge taxes be increased up to $3, 700,000 annually in the first fiscal year by increasing the rate of sales and use tax by one-half cent per dollar, with the proceeds of such tax increase to be used for specified purposes as set forth in the ballot question; and WHEREAS, Ballot Question 2E provided that said sales and use tax increase, if approved, was to be effective for all transactions subsequent to December 31, 2016 WHEREAS, in order to codify the approval granted by the voters, the City Council wishes to amend section 22-56 (sales tax) and section 22-66 (use tax) of the Wheat Ridge Code of Laws in order to provide for collection by the City of such taxes as of January 1 , 2017, all as authorized by the approval of ballot question 2E on November 8, 2016. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 22-56(a) of the Wheat Ridge Code of Laws is amended to read as follows: Sec. 22-56. -Schedule. (a) There is hereby imposed a sales tax on all sales and services not specifically exempted in sections 22-56 or 22-58, in the amount of three AND ONE-HALF (3.5) percent of the purchase price. The City considers each and every sale within the City to be taxable, unless the same is specifically exempted by this chapter. In order to avoid fractions of pennies, the following brackets shall be applicable to all taxable transactions: (1) On sales amounting to less than nineteen cents ($0.19), no tax; (2) On sales amounting to nineteen cents ($0.19) to and including fifty-one cents ($0.51) a tax of one cent ($0.01 ); (3) On sales amounting to fifty-two cents ($0.52) to and including eighty- four cents ($0.84) a tax of two cents ($0.02); ( 4) On sales amounting to eight-five cents ($0.85) to and including one dollar ($1.00) a tax of three AND ONE-HALF cents ($0.035); (5) On sales in excess of one dollar ($1.00), the tax shall be three AND ONE-HALF cents ($0.035) on each full dollar of the sales price, plus the tax shown on the above schedule for the applicable fractional part of a dollar of each such sale price. Section 2. Section 22-66(a) of the Wheat Ridge Code of Laws is amended to read as follows: Sec. 22-66. -Property subject to tax. (a) General intent; filing of return required. It is hereby declared to be the legislative purpose and intent of the city council that for the purposes of this article every person who, on and after the effective date of this chapter, stores, uses, distributes, consumes or receives a grant of a license to use within the city any article of tangible personal property purchased at retail, and not stored or distributed in the normal function of wholesaling, is exercising a taxable privilege and shall be taxed therefor in the amount of three AND ONE-HALF (3.5) percent of the purchase price. It is hereby declared that every resident of the city or any person doing business within the city who purchases, leases or receives a grant of a license to use tangible personal property for use, storage or consumption within the city from sources outside the city and taxable hereunder, and who has not paid the city sales tax imposed by this chapter, shall make an application, file a return, and pay the tax to the city. The use, storage or consumption of tangible personal property includes, for the purpose of this chapter, materials, commodities and items of tangible personal property affixed to, or made a part of, facilities and structures on real property owned or leased within the city. Section 3. Severability, Conflicting Ordinances Re pealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect upon adoption at second reading, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to _ on this __ day of , 2017, 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 , 2017 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 , 2017. SIGNED by the Mayor on this __ dayof _____ , 2017. ATTEST: Janelle Shaver, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Published: Joyce Jay, Mayor Approved as to Form: Gerald E. Dahl, City Attorney Wheat Ridge Transcript and www.ci.wheatridge.co.us ~ '~ .... • City of _;?WlieatRl_dge ITEM NO:~ DATE: February 13, 2017 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 02-2017 - A RESOLUTION AMENDING THE FISCAL YEAR 2017 CITY BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $4,081,908 FOR THE CREATION OF THE 0.5°/o SALES AND USE TAX FUND D PUBLIC HEARING D BIDS/MOTIONS IZI RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1 ST READING 0 ORDINANCES FOR 2No READING D YES On November 8, 2016, voters approved the 2E sales and use tax increase ballot measure approving a temporary increase of one-half of one cent (0.5%) in the City's sales and use tax rate for twelve years. Essential to the implementation of 2E is the creation of a special revenue fund known as the 0.5% Sales and Use Tax Fund -Fund 31. In accordance with government accounting practices, both revenues and expenditures for 2E projects, will be accounted for in Fund 31. PRIOR ACTION: On November 8, 2016, voters approved Ballot Measure 2E. FINANCIAL IMPACT: If the supplemental budget appropriation is approved, the 2017 City Budget will be amended to recognize the proposed Fund 31 expenditures in the amount of$4,081,908. BACKGROUND: In accordance with Governmental Accounting Standards Board (GASB) No. 54, 2E funds are "restricted" and cannot be co-mingled with other sources of City revenue. Creation of Fund 31 establishes a chart of accounts in which revenues and expenditures will be booked. The four voter- Council Action Fonn-Supplemental Budget Appropriation for Fund 31 February 13, 2017 Page2 approved projects include: 1) Anderson Park Renovation, 2) Wadsworth Boulevard Widening, 3) Wheat Ridge· Ward Station and 4) Clear Creek Crossing. Currently the City reports revenues and expenditures by fund on a monthly basis in a document known as City Financials. Fund 31 will be included in this report. This financial report is used to prepare the City Treasurer's Monthly Financial Report that will also reflect the addition of Fund 31. RECOMMENDATIONS: Staff recommends approval of the proposed supplemental budget appropriation. RECOMMENDED MOTION: "I move to approve Resolution 02-2017, a resolution amending the fiscal year 2017 City Budget to reflect the approval of a supplemental budget appropriation in the amount of $4,081,908 for the creation of the 0.5% Sales and Use Tax Fund." Or, "I move to postpone indefinitely Resolution 02-2017, a resolution amending the fiscal year 2017 City Budget to reflect the approval of a supplemental budget appropriation in the amount of $4,081,908 for the creation of the 0.5% Sales and Use Tax Fund, for the following reason( s) " REPORT PREPARED AND REVIEWED BY: Tim Dronkers, Accounting Manager Heather Geyer, Administrative Services Director Jerry DiTullio, City Treasurer Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 02-2017 2. Proposed Fund 31 Budget CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 02 Series of 2017 TITLE: A RESOLUTION AMENDING THE FISCAL VEAR 2017 CITY BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $4,081,908 FOR THE CREATION OF THE 0.5% SALES AND USE TAX FUND WHEREAS, the Wheat Ridge City Council adopted the 2017 City Budget on November 28, 2016 in accordance with the local government budget law, and; WHEREAS, Wheat Ridge voters approved Ballot Question 2E on November 8, 2016 authorizing a one-half of one cent increase in the City's sales and use tax rate for twelve years or up to $38.5 million, whichever occurs first, and; WHEREAS, The 0.5% Sales and Use Tax Fund (Fund 31) revenue and expenditure accounts have been created in accordance with accounting and budgeting best practices, and; WHEREAS, Fund 31 will be a restricted fund in accordance with Governmental Accounting Standards Board (GASS) No. 54, and; WHEREAS, the Fund 31 budget provides for the combination of revenues and expenditures that includes the following: 1. Fund 31 -2016 Ballot Issue 2E $4.081 .908 Total Expenditures: $4,081,908 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE: A. The following amendments to the 2017 City Budget are hereby approved: a. Establishment of Fund 31 b. Amend the 2017 City Budget revenues accordingly to recognize the voter approved temporary one-half of one cent sales and use tax increase DONE AND RESOLVED THIS __ day of _____ , 2017. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 FUND 31 (2016 BALLOT ISSUE 2E) *Assumes Single Issuance Scenario@ A rating, 2x coverage• GKB Market Rates as of 21112017 Last Revised 02/07/2017 REVENUES Beginning Fund Balance 31-500-00-510 2E Sales Tax 31-500-00-511 2E Use Tax 31-500-00-512 2E Building Use Tax 31-500-00-513 2E Auto Use Tax 31-500-00-514 2E Audit Proceeds TOTAL TAXES 31-510-00-510 Bond Proceeds -Par 31-510-00-511 Bond Proceeds -Premium TOTAL BOND PROCEEDS 31-520-00-51 0 GRANT-X TOTAL INTERGOVERNMENTAL 31-550-00-510 SERVICE-X TOTAL CHARGES FOR SERVICES 30-580-00-581 Interest Income 31-580-00-588 Miscellaneous Income 31-580-00-589 Fund Balance Carryover TOTAL OTHER REVENUE 31-590-00-591 Transfer from General Fund· TOTAL TRANSFERS IN IUfAL ""' TOTAL AVAILABLE FUNDS EXPENDITURES CLEAR CREEK CROSSING (101) 31-101-700-702 Meeting Expense 31-101-700-750 Professional Services 31-101-700-799 Misc. Services & Charges 101-700 Totals 31-101-800-801 Environmental 31-101-800-802 Construction 31-101-800-803 Project-Specific 3 31-101-800-804 Project-Specific 4 101-800 Totals TOTAL CLEAR CREEK CROSSING GOLD LINE STATION (102) 31-102-700-702 Meeting Expense 31-102-700-750 Professional Services 31-102-700-799 Misc. Services & Charges 102-700 Totals 31-102-800-801 Visioning 2017 PROPOSED $0 $3,200,000 $150,000 $150,000 $200,000 $0 $3,700,000 $31,215,000 $2,283,173 $33,498,173 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $37,198,173 537,198,173 2017 PROPOSED $0 $0 $0 $0 $100,000 $0 $0 $0 $100,000 $100,000 $0 $0 $0 $0 $100,000 2018 2019 2020 2021 PROPOSED PROPOSED PROPOSED PROPOSED $32,136,265 $15,873,015 $8,979,015 $5,597,015 $3,477,300 $3,555,150 $3,633,000 $3,710,850 $164,820 $168,510 $172,200 $175,890 $164,820 $168,510 $172,200 $175,890 $213,060 $217,830 $222,600 $227,370 $0 $0 $0 $0 $4,020,000 $4,110,000 $4,200,000 $4,290,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 so $0 $0 $0 $0 $0 $0 $0 so $0 54,020,UUUI $4,110,0001 $4,200,0001 S4,Z9U,UUUI 536, 156,2651 $19,983,0151 $13,179,0151 $9,11111,0151 2018 2019 2020 2021 PROPOSED PROPOSED PROPOSED PROPOSED $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $9,900,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $9,900,000 $0 $0 $0 $9,900,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 2022 2023 2024 PROPOSED PROPOSED PROPOSED $2,406,015 $3,200,215 $4,089,215 $3,788,700 $3,866,550 $3,953,050 $179,580 $183,270 $187,370 $179,580 $183,270 $187,370 $232,140 $236,910 $242,210 $0 $0 $0 $4,380,000 $4,470,000 $4,570,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $4,380,0001 54,470,000 I 54,570,0001 $6,786,0151 $7,670,2151 SB,659,2151 2022 2023 2024 PROPOSED PROPOSED PROPOSED $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 so $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 2025 2026' PROPOSED PROPOSED $5,077,415 $6,043,400 $3,934,700 $0 $186,500 $0 $186,500 $0 $241,085 $0 $0 $0 $4,548,785 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $4,:148,7851 ~Ul $9,626,2001 56,043,4001 2025 2026 PROPOSED PROPOSED $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 2027 PROPOSED $2,459,600 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 501 $2,459,6001 2027 PROPOSED $0 $0 $0 $0 $0 $0 $0 $0 $0 so $0 $0 $0 $0 $0 2028 PROPOSED $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 50 so 2028 PROPOSED $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 108 N ... c • E .c u ca ... ... c 31-102-800-802 Planning $0 $100,000 $0 31-102-800-803 Design $0 $150,000 $250,000 31-102-800-804 ROW $0 $0 $3,500,000 31-102-800-805 Construction $0 $0 $0 102-800 Totals $100,000 $250,000 $3,750,000 TOTAL GOLD LINE STATION $100,000 $250,000 $3,750,000 WADSWORTH EA (103) 31-103-700-702 Meeting Expense $0 $0 $0 31-103-700-750 Professional Services $0 $0 $0 31-103-700-799 Misc. Services & Charges $0 $0 $0 103-700 Totals $0 $0 $0 31-1 03-800-801 Environmental $40,000 $0 $0 31-103-800-802 Design $240,000 $150,000 $0 31-103-800-803 ROW $100,000 $5,000,000 $0 31-1 03-800-804 Construction $0 $0 $1,470,000 103-800 Totals $380,000 $5,150,000 $1,470,000 TOTAL WADSWORTH $380,000 $5,150,000 $1,470,000 ANDERSON PARK (104) 31-104-700-702 Meeting Expense $0 $0 $0 31-104-700-750 Professional Services $0 $0 $0 31-104-700-799 Misc. Services & Charges $0 $0 $0 104-700 Totals $0 $0 $0 31-104-800-801 Waterline $100,000 $0 $0 31-104-800-802 Owner's Rep $25,000 $75,000 $0 31-104-800-803 Master Plan $125,000 $0 $0 31-1 04-800-804 Design $150,000 $350,000 $0 31-1 04-800-805 Construction $0 $975,000 $2,200,000 104-800 Totals $400,000 $1,400,000 $2,200,000 TOTAL ANDERSON PARK 5400,000 $1,400,000 $2,200,000 ISSUANCE COSTS 31-600-700-750 Professional Services $281,075 $0 $0 31-600-700-760 Bond Insurance $114,866 $0 $0 31-600-700-765 Surety Bond $100,495 $0 $0 31-600-700-770 Additional Proceeds $1,737 $0 $0 TOTAL ISSUANCE COSTS $498,173 $0 $0 DEBT PAYMENTS 31-61 0-900-901 2E DEBT SERVICE -PRINCIPAL 31-610-900-902 2E DEBT SERVICE -INTEREST TOTAL DEBT SERVICE $3,583,735 $3,583,250 $3,584,000 Transfers General Fund $0 $0 $0 TOTAL TRANSFERS $0 $0 $0 TOTAL PROJECT EXPENDITURES $980,000 S16,700,000 $7,420,000 I U fAL DEB I :;it::t<Vll_;t:: t;At't::NUI 1 Utct:::;i $4,Ulll,l:IU~ $3,:Ju;j,L:JU $3,584,uuu ENDING FUND BALANCE $32,136,265 $15,873,015 $8,979,015 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $4,000,000 $3,900,000 $0 $0 $4,000,000 $3,900,000 $0 $0 $4,000,000 $3,900,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 so $0 $0 $0 $3,582,000 $3,581,000 $3,585,800 $3,581,000 $0 $0 $0 $0 $0 $0 so $0 $4,000,000 $3,900,000 $0 so $3,582,000 $3,:>ijl ,UUU $3,585,l:JUU :i;iJ,:Jl:J1,uuu $5,597,015 $2,406,015 $3,200,215 $4,089,215 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 so $0 $0 $3,581,800 $3,582,800 $3,583,800 $0 $0 $0 so so so :!>ti $0 so :i;J,:1111 ,1100 :li3,';>0",ouu SJ,:io . .>,OU~ 55,077,415 $6,043,400 $2,459,600 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 so $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $2,459,600 $0 so $0 $2,459,ouu $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 so $0 $33,000,000 $38,786,958 108 ~ \ '. -. • City of JP'WheatRi_dge ITEM NO:~ DATE: February 13, 2017 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 04-2017 -A RESOLUTION APPROVING A MODIFICATION TO THE THIRD AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT CONCERNING THE IMPLEMENTATION OF AN E911 EMERGENCY TELEPHONE SERVICE CHARGE D PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS D ORDINANCES FOR 1 ST READING 0 ORDINANCES FOR 2No READING QUASI-JUDICIAL: D YES Q~ (o \ Police Chief ISSUE: The Jefferson County Emergency Communications Authority (JCECA) is seeking approval for a modification to the JCECA Intergovernmental Agreement (IGA) to permit JCECA to increase the emergency telephone surcharge (ETC) for E911 services from $0. 70 to $1.20. The current IGA limits the ability of JCECA to increase the ETC above $0.70. The amended IGA, if approved, will give JCECA the ability to amend the IGA, allowing the authority to raise the ETC so that approval can be sought from the Public Utility Commission (PUC) for this increase. PRIOR ACTION: The City entered into an IGA to create E911 emergency telephone service authority in 1983. This agreement was amended and restated by the third amendment to the IGA concerning the implementation of an E911 Emergency Telephone Service in 1998. FINANCIAL IMPACT: The request to raise the ETC rate will allow JCECA to provide additional funding for E911 and emergency communications for Public Safety Answering Points (PSAPs) in Jefferson and Broomfield counties. Council Action Form -E911 IGA Amendment February 13, 2017 Page2 BACKGROUND: The City of Wheat Ridge entered into an IGA with other law enforcement and fire service agencies in 1983, to create the E911 Emergency Telephone Service Authority now known as JCECA. JCECA is responsible for emergency telephone services (E911) within Jefferson and Broomfield counties. There are 23 parties to the IGA, consisting of the county, municipalities and special districts. The JCECA has a board, appointed by the county commissioners, which consists of a county commissioner, two representatives from cities or towns, and two representatives from special districts. JCECA is funded through the emergency telephone surcharge, which is utilized to pay for costs specific to the operation of E911 systems. This surcharge is applied to landlines, cellular phones and voice over internet protocol (V olP) telephone service providers on a monthly basis. The ETC was last increased from $0.52 to $0.70 in 2015. The authority to raise the ETC can be found within C.R.S. § 29-11-102(2) (a). The JCECA wishes to now increase the ETC for E911 services from $0.70 to $1.20 per line. The JCECA Board needs 50% of the 24 participating entities to convey a position on this modification to the IGA by February 14, 2017. Seventy-five percent (75%) of those conveying a position must support the increase to give the JCECA the authority to raise the ETC above 0. 70. If approved, JCECA will forward the request for the increase to the PUC for their approval. JCECA has requested that all the parties to the IGA consider approving the modification to the agreement. If approved, the new ETC will take effect on March 19, 201 7. The increased funding will allow JCECA to continue to provide long-term adequate funding for E911 services to all public safety answering point (PSAPs) operating within Jefferson and Broomfield counties. RECOMMENDATIONS: Staff recommends approval of this amendment to the IGA requesting an increase to the ETC. RECOMMENDED MOTION: "I move to approve Resolution No. 04-2017, a resolution approving a modification to the Third Amendment to the Intergovernmental Agreement concerning the implementation of an E911 Emergency Telephone Service Charge." Or, "I move to postpone indefinitely Resolution No. 04-2017, a resolution approving a modification to the Third Amendment to the Intergovernmental Agreement concerning the implementation of an E911 Emergency Telephone Service Charge for the following reason(s) " REPORT PREPARED/REVIEWED BY: Daniel Brennan, Chief of Police Patrick Goff, City Manager Council Action Form -E911 IGA Amendment February 13, 2017 Page 3 ATTACHMENTS: 1. Resolution No. 04-2017 2. Letter from JCECA Attorney, Ryan M. Tharp 3. Copy of the Third Amendment to the IGA 4. JCECA Resolution TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 04 Series of 2017 A RESOLUTION APPROVING A MODIFICATION TO THE THIRD AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT CONCERNING THE IMPLEMENTATION OF AN "E 911" EMERGENCY TELEPHONE SERVICE CHARGE WHEREAS, the City of Wheat Ridge is a home rule municipality operating under a charter approved by its electors and governed by its City Council; and WHEREAS, the City Council is authorized by its charter, the Colorado Constitution, and by CRS 29-1-201, et seq, to enter into intergovernmental agreements with other local governments and quasi-public entities; and WHEREAS, in the exercise of that authority the City previously entered into an Intergovernmental Agreement on October 8, 1983 ("1983 IGA") with other local government entities providing law enforcement and fire service agencies to create the E911 emergency telephone service authority ("JCECA"); and WHEREAS, the 1983 IGA was amended and restated by the "Third Amendment to Intergovernmental Agreement Concerning the Implementation of an "E911 Emergency Telephone Service" on January 1, 1998 (the "1998 Agreement"); and WHEREAS, CRS § 29-11-102(2)(a) and (b) allows an entity such as JCECA to impose an emergency telephone rate of up to $. 70 without approval of the Colorado Public Utilities Commission and above $. 70 with approval from the PUC; however the JCECA 1998 Agreement limits JCECA's ability to increase the emergency telephone charge above $. 70; and WHEREAS, the JCECA has adopted a resolution supporting a modification to the 1998 Agreement which will permit the JCECA to increase the emergency telephone charge which funds its operations, from $.70 per month (per line) to $1.20 per month (per line); and WHEREAS, the JCECA has requested the other parties to the 1998 IGA to approve a modification to the 1998 Agreement permitting this increase; and WHEREAS, the City Council finds and determines that approval of the requested modification to the1998 Agreement is in the interest of the City in order to assist JCECA in meeting its financial obligations to establish and operate the public safety answering points within the JCECA area and to continue to provide the public safety benefits attendant thereto. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Attachment 1 Section 1. The Modification to the Third Amendment to the Intergovernmental Agreement Concerning the Implementation of an "E911" "Emergency Telephone Service" is approved in the form attached hereto as EXHIBIT A and made a part of this Resolution. The Mayor and City Clerk are authorized and directed to execute the modification on behalf of the City. Section 2. This Resolution shall take effect upon adoption. DONE AND RESOLVED this __ day of February, 2017. Joyce, Mayor ATTEST: Janelle Shaver, City Clerk EXHIBIT A Modification to Third Amendment to Intergovernmental Agreement Concerning the Implementation of an E 9/11 Emergency Telephone Service [ATTACHED] I ~\~ [AIRFIELD Iii ~WOODSP.C. December 19, 2016 Sent via U.S. Mail and Email Ryan M. Tharp (303) 894-4412 rtharp@fwlaw .corn City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80033 Dan Brennan dbrennan@ci.wheatridge.co.us Re: Modification of JCECA IGA to Permit JCECA to Increase the Emergency Telephone Charge To whom it may concern: Enclosed is a proposed modification to the founding intergovernmental agreement (the "IGA") of the Jefferson County Emergency Communications Authority ("JCECA"). The modification will enable JCECA to raise the emergency telephone charge (the "ETC")1 from $0.70 to $1.20. The increased revenue will allow JCECA to provide additional funding for 911 and emergency communications in Jefferson and Broomfield counties. Enclosed is a resolution adopted by JCECA's board of directors supporting the modification. JCECA primarily uses the ETC funds to support 10 public safety answering points (each, a "PSAP") in Jefferson and Broomfield Counties in accordance with C.R.S. § 29-11-104(2). Eight of those PSAPs are consolidating into one regional PSAP to be operated by the newly created Jefferson County Communications Center Authority ("JeffCom"). Jeft'Com and its member agencies have requested that JCECA fund JeffCom's capital startup costs. JeffCom's PSAP is expected to be operational in approximately one year. Once operational, JCECA will annually contribute to JeffCom's expenses. JeffCom anticipates that its PSAP will result in better 911 service levels and, over time, in reduced costs. JCECA will also continue to support the two PSAPs which are not consolidating into JeffCom. The ETC is cutTently set at $0.70 per wireline, wireless, and VoIP telephone line.2 JCECA proposes to increase the ETC to $1.20 per line. This increase will allow JCECA to increase its funding for 911 and emergency communications in Jefferson and Broomfield counties. JCECA's IGA limits JCECA's ability to increase the ETC above $0.70. The proposed modification allows JCECA to increase the ETC in accordance with the statute. The statute at C.R.S. § 29-l l-102(2)(b) requires the approval of the Colorado Public Utilities Commission (the 1 The ETC is defined at C.R.S. § 29-11-IOl(l.7). 2 Prepaid wireless phone pay a separate charge collected by the retailer and remitted to the Colorado Department of Revenue. See C.R.S. § 29-11-102.5. 1801 California Street • Suite 2600 • Denver, Colorado 80202 t (303) 830-2400 • f (303) 830-1033 • www.fwlaw.com Attachment 2 I ~\~ f AIRFIELD Ill ~ WOODSP.c. December 19, 2016 Page2 "PUC") to increase the ETC above $0.70. In other words, to increase the ETC, JCECA needs (1) to amend its IGA to give JCECA the authority to raise the ETC above $0.70 and (2) the approval of the PUC. Once the proposed IGA modification is approved, JCECA will submit an application to the PUC to seek approval of an ETC of$1.20. Please consider the enclosed IGA modification. Please return you executed copy of the signature page to me. When I have compiled all the signature pages, I will distribute the ful1y executed modification to all the parties. If you have any questions, please contact me at 303-894-4412 or rtharp@fWlaw.com. Thank you for your time and consideration. VTyyours, :z-Th~ Fairfield and Woods, P.C. Attorney for the Jefferson County Emergency Communications Authority cc: Jeff Irvin, Executive Director, JCECA Girvin@jceca.org) .. • • THIRD AMENDMENT TO THE INIERGC>VEBNMENIAL AGREEMENT CONCERNING THE IMPLEMENTATION OF AN "E9ll" "EMERGENCY TELEPHONE SERVICE" nns THIRD A1vlENDMENT to the Intergovernmental Agreement concerning the implementation of an E-911 Emergency Telephone Service (the" Agreementj is dated for ·;- references pwposes only January l, 1998. The Agreement, made and-entered into on the 8th day of. October, 1983, was entered into by and between the following parties: COUNTY OF JEFFERSON, a body politic and corporate, hereinafter referred to as "County", the CITY OF ARV ADA, a municipal corporation, the ~TY OF BROOMFIELD, a m~cipal cmporation, the CITY OF EDGEWATER, a municipal corporation, the CITY OF GOLDEN, a municipal corporation, the TOWN OF LAKESIDE, a municipal coipOration, the CITY_OF LAKEWOOD, a municipal corporation, the TOWN OF MORRISON, a municipal ·(·.-. corporation, the TOWN OF MOUNTAIN VIEW, a municipal corporation, the CITY OF WESTMINSTER, a municipal corporation, the CITY OF WHEAT RIDGE, a municipal ' corporation, ARV ADA FIRE PROTECTION DISTRICT, COAL CREEK CANYON FIRE PROTECTION DISTRICT, ELK CREEK FIRE PROTECTION DISTRI~, EVERGREEN FIRE PROTECTION DISTRICT, FAIRMOUNT FIRE PROTECTION DISTRICT, FOOTIDLLS FIRE PROTECTION DISTRICT, formerly known as ldledale, ·Lookout and Mount Vernon Fi.M Prok:ction District, GENESEE FIRE PROTECTION DISTRICT, INTER.CANYON FIRE PROTECTION DISTRICT, INDIAN HILLS FIRE PROTECTION DISTRICT, LITTLETON FIRE PROTECTION DISTRICT, NORTH METRO FIRE PROTECTION DISTRICT fonnerly known as West Adams Fire Protection M:\GJlOUPS\AlT0JtNEY\BOARD§-91l\9-97JGA 1 Attachment 3 '" • • District, PLEASANT VIEW FIRE PROTECilON DISTRICT, WEST METRO~ PROTECTION DISTRICT, fonnerly known as Lakewood and Bancroft Fire Protection Districts,andWBEATRIDGEFIREPROTECl'IONDISTRicr. WITNESSETB: WHEREAS, pursuant to Article 11 of Title 29, C.R..S., a5 amended, the above-listed parties are delegated the power to enter into agreements for the purpose of providing emergency te~ephone service; and WHEREAS, Part 2 of Article 1 ofTitle 29., C.R.S., as amended; encourages and authorizes agreements of this nature; and WHEREAS, the parties to the Agreement are desirous of amending the Agreement in the manner set forth herein. NOW, THEREFORE, in consideration of the mutual covenants h~ contained, the parties agree to amend Articles I, Il, m, v. vm, XI, and XII.of the Agreement as provided below and that this Third Amendment contains all of the provisions of the Agreement.as amended or which remain in effect. L DEFINITIONS The definitions for the terms "basic emergency service providers", "emergency telephone charge", "emergency telephone service", "exchange access facilities", "governing body", "public agency", "service supplier", "service user", ."tariff rates", "wireless communications access" and ~less canier" as used in this Intergovernmental Agreement shall be the same as the. definitions provided for those terms in Section 29-11-101, C.R.S., as amended. M:\GROUPS\AliOJNEY\BOARDS\E-911\P-97 JOA 2 ll. GENERAL PRQVISION$ The parties hereby establish a separate legal entity to be known as the "Emergency Telephone Service Authority" (hereinafter 1eferred to as the "Authorityj which shall be responsible for administering the operation of the emergency telephone service pro~ as descnDed below. The operation of said emergency telephone service shall be as herein set forth. m. EMERGENCY TELEPHONE SERVICE AUTBOBITY BOABD The governing board for the Authority shall consist of five (5) members to be selected in the following manner: l. two members shall be selected from a list of nominees submitted by cities and. to~ but each such entity may submit no more than one nominee for each vacancy; . ' .. 2. two members shall be· selected from a list of nominees submitted by special . districts, but each such entity may submit no more than one nominee for each ' vacancy; 3. a) one member of the Board of County Commissioners of Jefferson County sball be designated annually to serve as the County's representative on the Authority Board for the term of such appointment and continuing tbeiafte:r until a successor is duly appointed; b) two members shall be nominated by special districts as provided in the Agreement and shall be appointed by~ Board of County Commissioners; • • c) two members shall be nominated by cities and towns as provided in the Agreement and shall be appointed by the Board of County Commissioners; d) no individual nominated either by cities and towns, or by special districts. sbal1 serve more than two consecutive four-year tenDS; e) an individual appointed to complete an unex:Pired four-year tmn of a prior Board Member may be reappointed to one or more full four-year~ provided that in no event shall the total length of service of such Board Member eXceed ten calendar years; f) a member of the Authority Board eligible to Serve for an additional term and · who expresses a desire to continue to serve on such Board .may be reappointed by the Board of County. Commissioners without a requirement for.additional . ' nominations for such position. 4. Nothing in this section shall preclude eitlie: cities and towns or special districts from detennining by a simple majority vote of all the nomimting entities, the entities' choice(s) for appointment Upon written notification to the Board of County C~mmissioners of the Majority'schoice(s) for appointment, the County Commissioners shall make the appointments in accord with the majority's choice(s). S. The board members of the Authority may designate an alternate to attend board meetings and vote on their behalf so long as the alternate is identified in writing to the other members of the board prior to the aJtemates attendance or vote at any meeting. M:\GROUPS\ATTORNEY\BOARDS\E·911\9-97 JGA 4 • • IV. RULES AND REGIJLATIONS The governing board for the Authority may pass supplementary rules and regulations is it deems necessary provided the supplementary rules and regulations are in compliance with _ Articles 1 and 11 of Title 2~. C.R.S., as amended, and this lntergovcmmental ~ V. POWERS OF THE CORPORATION The parties hereto agree that the Authority shall be empowered with the authority to contract for the installation and operation of an emergency telephone service and may pay such costs by collecting an emergency telephone charg~ for such service in the service area which is within the jurisdiction and authorized by this Intergovernmental Agreement and by ominance or . resolution of the respective parties here~. The Emergency Telephone Service Authority is hereby authorized to collect an emergency telephone charge as imposed by the .governing bodies of the respective parties through a delegation of power to the Authority in those portions of the Io • .. service area for which emergency telephone service is to be provided. The Authority is . . ... -~ authorized by the parties to set the rate of charge as proVided by statute so long as the.rate does not exceed the maximum am()unt pemlitted by 29-J J-102(2Xa), C.R.S. for exchange ac,cess facilities and wireless communications access. Prior 10· increasing or decreasing the rate of ' . • I charge the Authority shall first give public notice of its intent in a newspaper of general circulation within Jefferson County and hold a public hearing thereon at which time any interested person may be present and appear. The funds so collected shall be spent solely to pay for the costs of equipment and · installation; the monthly recurring.charges billed by the service suppliers for the emergency telephone service and any other costs and expenses autho~ by Article 11, Title 29 of the M:\GROUPS\A1TORNEY\BOARDS\E·911\9-97JGA S '" • • Colorado Revised Statutes. The funds so collected shall be credited to a cash fund separate and apart fi:om the seneral fund of any of the public agency parties or the Authority under this .Jntergovermnental Agreement Any funds remaining in the account at year end shall be carried over tQ ~ next succeeding year from the same purposes in supplying emergency' telephone service. If the emergency telephone service is ever discontinued, any balance in the account may be transferred : t~ the general fund of the public agencies on a proportionate basis as to the service provided. In addition, the Authority may do any otbc; act as nµ1y be necessary for the provision of initial services and for the continued operation of the emergericy telephone service; including, specifically, the ability to negotiate with equi.Pment vendors, BESPs and service supplieis for the purpose of obtaining the benefit of.technological developments which the Authority deems . ~ecessary to improve or enhance the quality and efficiency of service to be provided to the users. The Authority may convey ot transfer pwnersbip of property and equipment purchased. for the operation of emergency telephone service to a party to· this Agreement if such property or equipment is located on the party's property and operated by such party. VI. BASIS FOR CONTRIBJITION AND CBARGES TO BE IMPOSED BY TIIE AUIHQBJTY The parties hereto agree that the basis for contribution and charges to be imposed oil "service users" shall be in accordance with the provisions governing the same in Sections 29-11- ' 101 a~. C.RS., as amended. The parties agree that the Authority may request from the service supplier or BESPs those figures required to impose a contribution or charge and to make a determination of the contribution or charge based on those figures. The parties further agree M:\OROUPS\A1TORNEY\BOAJU>S\E-911'9-97.IGA 6 • • whenever those figw-es are required for any contribution or charge, the figmes ~ shall be the most recent available at the time such figures BIC needed, unless otherwise specified herein. VII. BUDGET AND OPERATING COSTS Each year, in which the Authority believes funds for operating CO$tS are ~·it sball prepare a budget and submit a budget request to the Board of County Commissioners by July IS of each year that this Agreement is in effect. The Board of County Commissioners shall consider funding the budget request in the County's annual appropriation. Should funding from the Board of County. Commissioners not be forthcoming, or if any funding so provided shall be deemed insufficient by the Authority, the Authority may then present its request to the parties hereto who shall consider the budget submitted and determine a the payment of any monies without its approval. . ' .. .. VID. FUNDS AND OPEBATJONS The various monies paid into the Authority by the parties hereto, for operating costs shall be used by the Authority solely for operating costs. further, the various monies paid into the Authority pursuant to the uniform charge per exchange access facility AND WIRELESS · I ' .. Ill COMMUNICATIONS ACCESS shall be placed in a separate designated cash fund and shall be paid from said fund only for the costs and expenses for which such funds are authorizCd to be spent pursuant to Article 11, Title 29 of the Colorado Revised Statutes. No disbursement shall be made from the ftmds of the Authority except by check and unless a verified claim for services or commodities actually rendered or delivered bas been first submitted and approved for payment by the Authority, said approval being evidenced by the M:\GROUPS\ATIORNEY\BOARDS\E-911\9-97.IGA 7 • • signature of two officers of said Authority. The Authority shall not borrow monoy nor shall it approve any claims or incur any obligations for expenditure unless there is sufficient unencumbered cash in the appropriate fund, credited to the Authority. with which to pay the same. The Authority may invest any funds paid into the Authority only in accordance with any applicable Jaws of the State of Colorado governing the investment of public funds. Nothing herein, however, prevents the Authority from returning any surplus operating revenues provided by the parties hereto for the o~on of this emergency telephone servi~ to the respective parties hereto in the same proportion that said j>arties were originally required to contn"bute for operation. IX. BOOKS AND RECORDS The Authority shall maintain adequate and correct accounts of their funds, properties and . . . business transaCtions, which accountS shall ~ open to inspection at any reasonable time by the parties hereto, their attorneys, or their agents. The Authority shall cause to be cond~ an annual audit, which audit shall be conducted by an independent certified public accountant licensed to practice in the State ofCplorado. The Authority shall file a copy of said ' audit with the governing bodies of the respective parties ·hereto. X. REPORTS · Within thirty (30) days after the end of'each fiscal year, the Authority sball prepare and present to the respective city councils, boards of directors of the.special districts, and Board of County Commissioners of Jefferson County, a Comprehensive Annual Report of the Authority's activities and finances during the preceding year. M:\GRO'IJPS\A 1TORNEY\BOAROS\E·9 l l\9-97 JGA 8 •• • The Authority shall also prepare and present such reports as may be required by law, regulation or contract to any authoriz.ed fedCrat and/or state officials or to whom such report iS. required to be made in the course and operation of the Emergency Telephone Service Authority. The Autliority shall also render to the parties hereto, at reasonable intervals, ~h reports and accounting as the parties hereto may from time to. time request. .. XI. DEFAULT IN PERFORMANCE In the event any party fails to pay its share of the operating costs then due, or to perform any of its covenants and undertakings under this Agreement, the Authority shall cause. written notice of the Authority's intention to tenninate said Agreement as to such party in default to be given to that party's governing body unless such default is cured within thirty (30) days from 1he oa:te-ofsucb-:notice: Upon· failute·:to·Ctii't·said defaults=within·said thirty (30) day period, the. membership in the Authority of the defaulting party shall thereupon teJ;minate and said·party . ' .. shall thereafter have no voting ~ghts as a member of the ~utho~ty at any annual or specific meetings thereof, nor be entitled to representation on~ Authority, and said party ~ thereafter be denied service by the Authority. Furthermore, ariy party who is tem>inated under the provisions of this section of the ~weement shall forfeit all right, title and interest in and'~ any property of or within the Agreement to which it may otherwise be entitled upon the dissolution of this Agreement Any property or equipment which has been purchased with Authority funds for a party or conveyed to a party by the Authority shall be reconveyed to the Authority by the defaulting party within fifteen (lS) days after the defaulting party's meniberShip bas terminated as set forth above. This article is not intended to limit the right of any party under this Agreement to pursue any and all other remedies it may have for breach of this Agreement. M:\GROUPS\A TTORNEY\BOAR.OS\E-911\9-97 JGA 9 .. • • XII. TERMINATION OF.AGREEMENT A This Agreement sball be in full force and effect upon the execution of this Agreement by all of the parties listed herein, and the parties entering into this Agreement shall have the option to ~ntinue this Agreement, subject to amendments, or until sooner teJ:minated by a majority of the parties hereto. B. This Agreement, or any party's participation in this Agreement, may be terminated by written notice from the party or parties to the Authority at lease one.hundn=d eighty (180) days prior to January 1 of any given Y.ea?· Any property or equipment which has been purchased with Authority funds for a party or conveyed to a party by the Authority shall be . reconveyed toOthe Authority by the party tenilinating its membership within 180 days after giving written notice of the party'.s.int~t t0. l.enninate.its participation in the Authority. C. Upon termination by mutual agreement of a majority of the parties to this Agreement, the powers granted to the· Authority under this Agreement shall continue to the I . extent necessary to make an effective disposition of the property, equipment and mantes required or held pursuant to this Agreement. Upon suah termination any property or equipment previously transferred to a party ~ remain the property of said party. D. In the event that any party hereto elects to terminate its participation in this Agreement prior to the end of any period of this Agreement not in accordance with subsection B of this section, such party shall be considered ~ default of this Agreement and accordingly shall forfeit its entire interest in the emergency telephone service as provided in Section XI. xm. AMENDMENT This Agreement may be amended by a written agreement executed and approved by not M:\GROUPS\ATIORNEY\BOARDS\&91 l\9-97JGA I 0 • • less than seventy-five percent (75%) of the Participating Entities who convey a po~ition on the proposed amendment thereto within sixty (60) days after all of the Participating Entities have. been given written notification of the same. The Agreement will not be amended as provided for herein unless at least fifty percent (SOOA) of the Participating Entities convey a positi~ on the proposed amendment. Amendments to the Agreement, if approved, will be effective ninety (90) days after the notice of the proposed amendment was Diadc. Notice shall be effective upon mailing. XIV. SEVERABILITV CLAUSE If any provision of this Agreement or the application hereof to any party or circumstances. is held invalid, such invalidity shall not affect other provisions or applications of the Agreement which cen be given effect .~t:h~!l!...~~~v.!l.!4.PtQv.isi<>n ~r..~li~on, ~d to_this end the· provisions of the Agreement are declared to be severable . . , . .. IN WITNESS _WHEREOF, the parties hereto have ca~ their representatives to affix their respective signatmes hereto, as of the day and year hereinabove set forth. CITY OF ARV ADA . CITY OF BROOMFIELD 11 COUNTY OF JEFFERSON STATE OF COLORADO I . By~~~~~~~~~~~~ John P. Stone, Chairman Board of County Commissioners CITY OF GOLDEN '" CITY OF WESTMINSTER CITY OF WHEAT RlDGE ARV ADA FIRE PROTECTION DISTRICT INTER-CANYON FIRE PROTECTION DISTRICT INDIAN HILLS FIRJ~ PROTECTION DISTRICT By: ---~-------- M:\GR{)UPS\A TIOJUJEY\l30AR.DS\E-9 l l \9-97 .IGA \,Mr:.r\n 1 V DVl\IUI .. ..,.. ll.Cl~1' 1 .:J 111.!l.l\l" 13 FAIRMOUNT FIRE PROTECTION DISTRICT FOOTHILLS FIRE PROTECTION DISTRICT formerly known as ldlriale, Lookout and Mount Vernon Fi~ Protection Districts GENESEE FIRE PROTECTION DISTRICT lLEASANT VIEW METROPOLITAN OISTRlCT NORTH METRO FIRE RESCUE AUTHORITY .WJ UUJ/ U.l I WEST METRO FIRE PROTECTION DISTRICT fonnerly known as Lakewood and Bancroft Fire Protection Districts LITTLETON FIRE PROTECTION DISTRICT M:\GROUPS\A'rTORNEY\BOAR..05\.E-911 \9•97 .IGA 14 ·~UV4/VJ.1 WHEAT RIDGE ·FIRE ·PR..oreCTION DISTRICT WEST ADAMS FIRE PROTECTION DISTRlCT ..,.._. W'1V'1 61.L 0.1/V CITY OF WESTMINSTER CITY OF WHEAT RIDGE AR.VADA FIRE PROTECTION DISTRICT INTER-CANYON FIRE PROTECTION DISTRJCT INDIAN HILLS FIRE PROTECTION DlSTRICT \..L£.l\ft 1 V DVAJ\11 -t-t-t JJr.l''ll''U ;J HllU(r FAIRMOUNT FIRE PROTECTION DISTRICT FOOTHILLS FIRE PROTECTION DISTRICT formerly known as idledale, tookout and Mount V emon Fire Protection Districts GENESEE FIRE PROTECTION DISTRICT FLEASANT VIEW METRO POLIT AN D1STRICT NORlll METRO FIRE RESCUE AUTHORlTY M;\GROUPS\AlTORNEY\BO.ll..RD$\E-!ll 1\9-97.lGA 13 ~UUO/Ul '/ CITY OF W"ESTMINSTER . CITY OF WHEAT RlDGE ARV ADA FIRE PROTECTION DISTRlCT By ?RLC-~ S.,c.c.~, ~idis INTER-CANYON FIRE PROTECTION DISTRICT INDIAN HILLS FIRE PR01ECTION DISTRICT By: ------------ M:\GROUPS\A TIORNE'V\B(IAJlDS\E ·9 l 1\9-97 .JOA 13 11!,JVVU/VJ.I F AlRMOUNT FIRE PROTECTION DISTRJCT FOOTHILLS FIRE PROTECTION DISTIUCT formerly known as Idledale, Lookout and Mount Vemon Fife Protection Districts GENESEE FIRE PROTECTION DISTRICT "~LEASANT VIEW METROPOLITAN DISTRICT NORTH METRO FIRE RESCUE AUmORJTY By~~~~---~~~~ ' . .,.. ~vV"' 4/J. O.L/V. CITY OF ARVADA CITY OF BROOMFIELD CITY OF EDGEWATER TOWN OF LAK.ES:(DE TOWN OF MORRISON TOWN OF MOUNTAIN VIEW M:\GROUPS\.'\ TIORNEY\BOi\RDS\E·9 l I 19.9;. IGA 12 COUNTY OF JEFFERSON STATE OF COLORADO "1JVUf/UJ.I By~~~~~~~~~--~~ Jdm P. Stone, Chairman Board of County Commissioners CITY OF GOLDEN CITY Of LAKEWOOD ELK C~EK FIRE PROTECTION DISTRICT EVERGREEN FIRE PROTECTION DISTRlC.T WEST METRO FIRE PROTECTION DISTRICT formerly known as Lakewood and Bancroft Fire Protection Districts LITILETON FIRE PROTECTION DISTRICT M:\GROUPS\A TTORNEY\BOARDS\E-911 \9-97.JGA 14 WHEAT RIDGE FIRE PROTECTION DISTRICT WEST ADAMS FIRE PROTECTION DISTRICT •'t!.1 UVO/ VJ. I CITY OF WESTMINSTER CITY OF WHEAT RIDGE ARV ADA FIRE PROTECTION DISTRICT INTER-CANYON FIRE PROTECTION DISTRICT By __________ _ INDIAN HILLS FIRE PROTECTION DISTRICT By: __________ _ M:\CROUPS'v\ TIORNE:Y\D0Al:WS\E·9 l I \9·97 JGA 13 FAIRMOUNT :FIRE PROTECTION DISTRICT FOOTHILLS FIRE PROTECTION DISTRlCT fonnerly knovvn as ldledale, Lookout and Mount V-emon Fire Protection Districts GENESEE FIRE PROIBCTION DISTRJCT P·LEASANT VIEW METROPOLITAN DISTRICT NORTH METRO FIRE RESCUE AUTHORITY '11&1 U"O/ U.A. j "' By __________ _ ,\1' "~' ""*' u•.. .a.v, """ U'tJUtJ a1J. OJ.'U WEST METRO FIRE PROTECTION DISTRICT formerly known as Lakewood and Bancroft Fin: Protection Oi$tricts LiffiETON FIRE PROTECTION DISTRlCT M;\OROUPS\A TiORNEY\BOARDS\£·911 \9·97.IGA 14 WHEAT RIDGE FIRE PROTECTION DISTRICT . WEST ADAMS FIRE PROTECTION DISTRICT 111.fV.LU/U.Ll v-., Y"at ...... .. VVV ., .&.. V.&. IV CITY OF BROOrvrFIELD CITY OF EDGEWATER TOWN OF LAKESIDE TOWN OF MORRISON TOWN OF MOlJNTAlN VIEW M;\GROUPS\A TIOR.'il:YISO,\RDSif·91 i\9·97.luA ..,..,.., •. "' ~ v av tu'" · ......... uann"""' Ull\l\r COUNTY OF JEFFERSON · STATE OF COLORADO •'t!:J UJ.J./ VJ. I By~~~~~~~~~~~- 12 John P. Stone, Chairman Board of. County Commmionezs CITY OF GOLDEN CITY OF LAKEWOOD COAL CREEK c;ANYON FiRE PROTECTION DISTRICT ELK CR.EEK FIRE PROTECTION DISTRICT EVERGREEN FIRE PROTECTION DISTRiCT CITY OF ARVADA CITY OF BROOMFIELD CITY OF EDGEWATER By TOWN OF LAKESIDE By TOWN OF MORRISON TO'NN OF MOUNTAIN VIEW M:\GROUPSIA'ITORN€Y'.BOARDS\lMI !\9·97.JGA 12 COUNTY OF JEFFERSON STATE OF COLORADO l(!JU.Li::/U.U By~~~~~~~~~~~~ John P. Stone, Chairman Board of County Commissioners CITY OF GOLDEN CITY OF LAKEWOOD By "COAL CREEK CANYON FIRE PROTECTION DISTRICT ''. By ELK CREEK FIRE PROTECTION DISTRICT EVERGREEN FIRE PROTECTION DISTRICT , .. CITY OF WESTMINSTER CITY OF 'WH.EA T RIDGE ARV ADA FIRE PROTECTION DISTRlCT INTER~CA..NYON FIRE PROTECTION DISTRJCT INDIAN HILLS FIRE PROTECTION DISTRJCT By: ___________ _ M:\OROUPS\ATTORNEY\BCIARDSIE·91 l\9-97.!GA 13 '!!,) UJ.,,/ U.1. I FAIRMOUNT FIRE PROTECTION DISTRlCT FOOTHILLS FIRE PROTECTION DISTRICT formerly known as Idledalc, Lookout and Mount Verno.n F.ire Protection Districts GENESEE FIRE PROTECTION DISTRICT ·.PLEASANT VIEW METROPOLITAN DISTRICT NORTH METRO FIRE RESCUE AUTHORITY By~---~------- ' . '" _ ..... -· ........ , ... CITY OF WESTMINSTER CITY OF WHEAT RJDGE ARV ADA FIRE PROTECTION DISTRICT INTER-CANYON FIRE PROTECTION DISTRICT INDIAN HILLS FIRE PROTECTION DISTRlCT By: ------------ M:\-OROUPS\A TIORNEY\BOARDS\£·91 l \9.97 JGA 13 •'WU U~'*I U-'. I FAIRMOUNT FIRE PROTECTION DISTRICT FOOTHILLS FIRE PROTECTION DlSTIUCT formerly known as ldledale, Lookout and M-Ount V-emon Fire ~f?;~ GENESEE FIRE PROTECTION DISTRICT PLEASANT ~W METROPOLITAN DISTRICT NORTH METR.O FIRE RESCUE AUTHORITY By_~------~--- .:.~ JCECA RESOLUTION SUPPORTING A MODIFICATION TO THE JCECA IGA PERMITI'ING JCECA TO INCREASE THE ETC IN ACCORDANCE WITH LAW WHEREAS, the Jefferson County Emergency Communications Authority (''JCECA") was created by the first IntergovemD'lental Agreement Concerning lbe Implementation ofan "E91 l" "Emergency Telephone Service" (the ''OriginalAgreement'') on October 8, l 983; WHEREAS, the Original Agreement was last ~ended and restated by the Tlllrd Amendment to the Intergovernmental Agreement Concerning the Implementation of an "E9 l l" "Emergency Telephone Service" (the ''JCECA IGA") dated Jan1.J8lY 1, 1998; WHEREAS, C.R.S. §§ 29-l l-102(2)(a) and (b) ajlows a 911 governing body $11Ch as JCECA to impose an ETC rate of up to $0.70 Without approval of the Colorado Public Utilities Conunission (the "PUC") and above $0. 70 with appr<>val from the :PUC, however the JCECA JOA at limits JCECA's ability to increase the ETC above $0. 70; WHEREAS, there are l 0 public safety answering points (each, a "PSAP") Within JCECA's service area; WHEREAS, JCECA's ~rvice area covers Jefferson County and BrQomtield County, plus tho~ portions of Westminster in Adams County and several small portions of Douglas and Arapahoe County, but not those portions of Littleton in Jefferson County; WHEREAS, JCECA increased the ETC to $0.70 effective February 1, 2015; WHEREAS, JCECA pays for various costs associated with 911 and emergency communications with revenue collected from the ETC in accordlµlce with C.R.S. § 29-11- 104(2); WHEREAS, eight of the JCECA members in Jefferson County that operate PSAPs have executed an agreement to jointly operate ~ combined PSAP to be known as the Jefferson Colll1ty Communications Center Authority ("Jefftom") to provide emergency collimunicatfo~ services to its member age11cies and to authorized service users; WHEREAS, JeffiJom ha8 requested capital funding i1i 2017 from JCECA in order to construct a regiomilized public safety answering point (a "PSAP'') that will consolidate eight existing PSAPs currently operated by Jefft:om's member agencies; WHEREAS, JCECA and Jeff'Com's member agencies expect that, when JeftCom is operational, JeffCom will result in increased 911 and emergency communications service levels and, over the long run, in lower costs; WHEREAS, JCECA expects to provide capital funding to JeOCom in 2017 and capital and operational :funding to JeffCom in 2018 and future years; Attachment 4 WHEREAS, JCECA desires to illcrease its ETC rate in order to assist JeffCom meet its financial obligations to establish and qpetate a combined PSAP and to the two PSAPs that ate not consolidating into JeftCom; and WHEREAS, to fund JeftlJom and the other two PSAPs, JCECA seeks authority to request from the Public Utilities Commission an ETC in excess of $0. 70.; WHEREAS, the member entities to JCECA have request~d JCECA to seek an increase to the ETC to provide funding as set forth herein. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors for JCECA that JCECA supports a JCECA IGA amendment to petinit JCECA to increase the ETC in accordance with law; BE IT FURTHER :RESOLVED by the Board of Directors of JCECA that the proposed amendment to the JCECA IGA, attached hereto as Exhibit A (the "Modification Agreement"), is approved and shall be sent to the parties to the JCECA IGA for consideration; and BE IT FURTHER RESOLVED by the Board of Directors of JCECA that JCECA supportS the approval of the Modific!ltion Agreement by the parties to the JCECA IGA Adopted by a vote of _4 __ for and ¢ against on December IS" 2016. Jeff Irvin Executive Director of JCECA