HomeMy WebLinkAboutCouncil Agenda Packet 12-11-17
AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
December 11, 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 October 23, 2017
PROCLAMATIONS AND CEREMONIES Senior Driver Awareness Week 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 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
1. Council Bill 19-2017 – amending Chapter 26 of the Wheat Ridge Code of Laws
regarding Small Cell Commercial Mobile Radio Service (CMRS) Facilities 2. Council Bill 20-2017 – approving a Radio Tower Space License Agreement between the City of Wheat Ridge and DMR Networks, Inc.
CITY COUNCIL AGENDA: December 11, 2017 Page -2-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING cont. 3. Council Bill 21-2017 – Amending Section 22-66 of the Wheat Ridge Code of Laws regarding Use Tax applied to Construction Equipment and Credit for Sales or Use Tax
previously paid to another Municipality
DECISIONS, RESOLUTIONS AND MOTIONS 4. Resolution 47-2017 – approving a Memorandum of Understanding concerning
withdrawal Management Services by and between Jefferson Center for Mental Health,
Jefferson County and the Cities of Arvada, Edgewater, Golden, Lakewood, Wheat Ridge and Westminster 5. Resolution 46-2017 – approving a Dispatcher Transition and License Agreement with
the Jefferson County Communication Center Authority
6. Motion to approve payment to the Jefferson County Communications Authority in the amount of $645,747 for E-911 Call-Taking and Police Radio Dispatch Services
7. Motion to Appoint Elected Officials to Outside Agencies CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS ADJOURNMENT
CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
October 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 Janeece Hoppe Tim Fitzgerald George Pond Larry Mathews Genevieve Wooden
Absent: Kristi Davis (excused)
Also present: City Clerk, Janelle Shaver; City Attorney, Jerry Dahl; Parks and Recreation Director, Joyce Manwaring; Public Works Director, Scott Brink; City Treasurer, Jerry DiTullio, other staff, guests and interested citizens.
APPROVAL OF MINUTES of the Regular City Council Meeting of September 25, 2017 and Study Session Notes of October 2, 2017 Without objection, the Minutes of the Regular City Council Meeting of September 25,
2017 and Study Session Notes of October 2, 2017 were approved as published.
PROCLAMATIONS AND CEREMONIES Mayor Jay read a proclamation honoring Glory of God Lutheran Church, 12200 W. 38th Ave., at it celebrates its 35th year in Wheat Ridge. The proclamation listed some of the
numerous acts of generosity contributed to the community over the years by the
congregation. They were congratulated and applauded for 35 years of community dedication and service. Connie Bartram and Lynne Rasex were present to receive the proclamation. Ms. Bartram, church historian, thanked the City for the recognition.
CITIZENS’ RIGHT TO SPEAK Dorothy Archer (WR) distributed to Council a map showing that three-fourths of east Wheat Ridge is labeled as zone 2 -- the subject of the November 20 study session. She noted the Gazette that just came out has nothing about it, and is concerned that an article in the Gazette will come out only three days before this important issue is discussed.
She suggested Council would be uncomfortable if every homeowner in Wheat Ridge
wasn’t aware of this. ~ She thanked Monica Duran and Larry Mathews for reaching out to citizens and holding an open meeting to listen to people’s concerns. Surely councilmembers will not want to rely on their own opinions and not know how citizens feel before they address this issue. ~ She spoke for citizens who do not favor 35 foot, flat
roofed houses; they believe 25 feet, with a 15 foot bulk plane is more compatible. She
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has driven all over the city and found very few 3-story houses. She asked why we need 3-story houses five feet from our fence, when most of the houses on the east side are ranch style or bungalows.
Vivian Vos (WR) applauded the Council for each stating the reasons they voted the way
they did on the results of the executive session two weeks ago. ~ She thanked Councilmembers Duran and Mathews for the bulk plane meeting they held on Saturday. About 26 people were there. She learned a lot and heard from the citizens that are disappointed on several issues in the city. ~ She encouraged people to vote and get
their ballots in.
APPROVAL OF AGENDA
Motion by Councilmember Urban to postpone Item 1 until such time as the full council is present; seconded by Councilmember Mathews.
Responding to Councilmember Pond, Ms. Manwaring informed Council that rescheduling
would be in late November or early December, and would impact the pool and park openings set for May and July 2018.
Responding to Councilmember Wooden, Ms. Manwaring listed the opportunities for public input as the organization of 5 or 6 focus groups and an open house at the
Anderson Building the first week of June, a pop-up event at the concert in the park on
Aug 2, and a community meeting in October. She added that the master plan advisory committee contained 3 citizens.
Councilmember Hoppe noted citizens were present to comment on this agenda item and she believed Council should move forward.
Councilmember Fitzgerald thought Council should move forward because this is already
a “reschedule”.
Councilmember Urban submitted that this was always scheduled to be heard this night. His concern is that the other District ll councilmember, Ms. Davis, was fairly vocal at the study session with her concerns about the design; given her absence that discussion will
not be possible.
Councilmember Mathews recalled that additional information was requested at the study session and Council was informed it would take a couple of weeks. He expressed surprised that this is on the agenda.
Mayor Jay said staff hurried to get the plan on tonight’s agenda because of the time
schedule. She expressed no concern with Ms. Davis’ absence since a quorum was
present.
Upon request Councilmember Urban restated his motion to reschedule Item #1 until November 13 or the earliest available meeting.
Motion failed 3-4, with Councilmembers Wooden, Fitzgerald, Pond and Hoppe voting no
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DECISIONS, RESOLUTIONS AND MOTIONS 1. Resolution 39-2017 – a resolution approving Anderson Park Master Plan
Councilmember Wooden introduced Item No. 1. Staff presentation Joyce Manwaring introduced the consultants: Paul Kuhn from MIG, the landscape
architects, and Craig Bouch from Barker, Rinker, Seacat Architects
Paul Kuhn reviewed the elements of the project as presented in the study session.
He gave an overview of the public outreach process as presented in the study session, details of which had been posted on the City’s website. New information included:
• Following the community workshop emails were received about the bike skills area.
• A public open house was held October 10 – at which time the baseball issue came up and there were comments about connectivity and improving access to the park. There were also questions about creek access, flooding and night lighting. He repeated the notification process for public input opportunities and reviewed attendance and participation.
• 37 people came to the focus groups; 21 were citizens.
• The masterplan advisory group included 3 citizens and 9 staff.
• 24 people signed into the open house, but likely 30 people attended.
• The pop-up locations had about 45 -50 people total at the two locations.
• The community meeting had 14 people.
He described the exercises that were conducted at the various public input events.
• Top ranked for amenities were a large amphitheater/performance space; small and large access to the creek (like in Golden or Breckenridge); a bike park/bike skills area; medium sized amphitheater; skating rink (cut due to operational and maintenance concerns); universal access; nature play; outdoor education; a zip line; large picnic shelter like we have now; walking trails; large multi-use turf area
He noted that in the future no lights would be added on any of the fields.
• Comments included concerns about restrooms (too close, need improvement) and inadequate parking and car circulation; pool and soccer field are well-loved; the
openness of the park is liked (don’t fill it with program elements); desire for public art.
He explained how the community workshop (pop-up event) was conducted.
• Two tents with identical information about the locker room renovation; several park concepts presented; solicited suggestions for a wish list.
• Concept #1 was most popular due to expanded playground and added picnic shelter.
• Concept #2, with bike skills area, was popular with parents and middle aged youth.
• Concept #3 had the concert area south of the proposed multi-use field. Unpopular.
• Suggested (if money was available) were additional creek access, more picnic
shelters, more sidewalks and paths, expanded play area, and bike skills area.
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He went through the various prioritization tallies for some of the design elements.
He went through the Preferred Concept Plan.
• Design objectives included the bond promises, input from the community participants, the needed infrastructure upgrades, making sure no major elements would be in the
flood plain, and long term operations and maintenance.
• Design elements include o Refurbishing the parking lots, adding a drop off at Anderson Bldg entrance, o Added performance stage/group picnic just south and west of where it is now,
o Add two creek access points
o Maintain Parks/Forestry building, Anderson Building and bathhouse, pool complex, the east-west soccer field, the north parking lot and turf area, basketball court o Multi use field to replace the baseball field
o A place is available east of the south parking lot for the bike skills facility
o Additional connectivity and crosswalks included
o Reconfigured and improved parking lots o Bus drop-off and pick-up at the Anderson Building o Multi-use field to be flat, with natural grass. No lighting for games or special
events.
o Raised pavilion to be dual use – for picnics and as a concert stage
He presented the Alternate Concept Plan.
• It’s the same plan with the baseball field retained and the light poles removed.
• Minor realignments of path along creek
• Second picnic shelter moved closer to trees where it could support the bike park.
• The park functions equally well with either concept plan. It’s just a matter of choice.
Cost for the Preferred Concept Plan is $2,333,381 for everything – demo and build.
• Bid alternates include expanding the play area, adding a picnic shelter, and adding more 8 foot sidewalks – if funds are available.
• There would be a savings if the multi use field is deleted and baseball field is retained. Estimating the savings would take a couple of weeks, but it would be a decent
savings. Craig Bouch walked through the changes to the Anderson Bldg/Pool complex. Bathhouse: Gutted, rebuild men’s and women’s and add a family locker room, increase capacity to each area, redo roof, all plumbing, fixtures and ventilation. Small guard space
added to south west corner of the bathhouse. Janitorial/mechanical spaces to remain.
Link: Put the reception desk in the current lobby area, include some air conditioning.
Anderson Bldg: Replace roof and siding, add insulation and windows, sq ft not increased. Interior spaces remain the same but upgraded. Bathrooms removed and replaced with one ADA universal bathroom. Provide a lobby space outside the main gym. Fitness room to remain with upgrades. Transform old parks office space into a multipurpose room. Minor reorganization for storage area. Improve lighting and flooring.
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• Siding to be better metal siding with a better color
• Added windows to be high and out of play; will bring in natural light.
• Large garage door added on east side to connect events
Exterior: New paint scheme to unify all three buildings. Architectural unification. Bathhouse: add decorative elements. Add some signage. New lifeguard room same color as Anderson Building. Hope to add shade and outdoor seating near entrance. Costs Mr. Bouch went through a lengthy explanation of the method used for cost projections.
He also went through a list of priorities for the improvements and a list of things that
would be eliminated -- should costs run too high.
Schedule Contracts need to be in place by 12/31/17 so design can start 2/1/18. Documents to be complete by 7/1/18, with construction to start after Labor Day 9/1/18. Plan to have bathhouse and Anderson Bldg operational by Memorial Day 2019.
Council Questions
Councilmember Mathews received confirmation of the following:
• Keeping the baseball field would be less expensive.
• Both Plans remove the lights.
• New (improved) baseball field lights would cost around $300K.
• No option was ever presented to the public that included keeping the baseball field. He asked why the materials costs are changing mid-project. He was told the materials
are subject to inflationary costs, so a mid-point was used.
Mayor Jay called for the motion.
Public Comment Don Ryan (WR) lives across the creek from the baseball field. He is amazed they want to take out a lighted field and replace it with multi-use. Baseball is the soul of sports. He likes the field, the sounds, and the light – pointing out the separation by the creek and how the trees block the lights. A past City Council paid a lot of money to put the field in.
There are many other soccer fields; why pay to take this one baseball field out? Do
soccer players pay, and why take out old lights before new lights are put in?
Adam Miller (Golden), head baseball coach at WRHS, apologized for coming in late; he just found out about this late last week. He stated this filed is their freshman field; kids practice there 4-5days a week March through May. He’s not sure where else they can go for games or practice. He noted it’s the only field in Wheat Ridge for 14-up with a grass
infield. It’s also one of the top 2-3 fields in the county and it would be tragic to lose it. He
knows it has been used as a freshman facility for at least 17 years. Besides being used every afternoon by his kids, it is also used at night. He reported that youth baseball participation has increased in the last 3-5 years – 18% in the last year alone. Losing a field like this will be hard to get back. Players look forward to playing there. Losing this
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field will be detrimental to the high school side, but also for kids in general. The planning for the park has been great, but he hopes the baseball field can stay.
Eric Mapps (Arvada), head baseball coach at Pomona High School, said he grew up in Wheat Ridge and played at Anderson Park field. He believes this baseball field is a valuable athletic facility in WR, noting there are not many field this size with grass and lights. He urged Council to choose the second option. Maintaining this field would be
tremendous, because when a field like that goes away, it’s awfully hard to get it back.
Tate Shetterly (Lakewood) said he is a third generation of families (Buehler, Coulter, Shetterly) to play at Anderson Park. Council should know it is a signature field around the state. Today, as owner of two baseball businesses, he hosts and sanctions tournaments in the area for 16-18yo amateurs. Just two weeks ago they hosted a
college showcase for high school players and four team were at Anderson Park, including
a team from Albuquerque, NM. The comments about the field were tremendous. He noted how the lights are the signature. This showcase brought in people from Pepperdine, Stanford and the Univ of Arizona. If the alternate plan can be chosen it will benefit everybody.
Rolly Sorrentino (WR), fourth generation WR taxpayer and voter, pointed out that three
of the councilmembers have come to his house and asked for his vote; now he’s in their
house asking for their vote to save the baseball field at Anderson Park. He thinks the renovation plan is acceptable, except for the elimination of the baseball field. If the baseball field is removed the park won’t be multi-use anymore. He doesn’t understand why the public outreach 4-5 months ago failed to include the baseball community.
Multiple baseball leagues have been using and currently use this field over the years. He
told how the process with the hired consultant was skewed to deliver a predetermined outcome. Last week the consultant admitted they were ever asked to provide an alternate plan and cost estimate to include the existing baseball field. Regarding soccer fields, he noted the two soccer fields across from his house are 100% never used and a
third field is occasionally used for little league football practice. He may have seen
soccer on that field a few times, but it is rare. This baseball field is one of its kind in Wheat Ridge, and one of a few in Denver. This property was purchased in the 1950’s for baseball fields. This field at Anderson Park has been an integral part of the fabric of Wheat Ridge for 50-60 years. As an engineer he has built sports complexes, and he will
volunteer his services any way he can to help the City maintain that field-- and even
upgrade it. There are significant resources out there - that aren’t tax dollars – that could be used for the lights and to make upgrades. He apologized for sounding contrary; even though he has no kids who play baseball anymore this is a part of Wheat Ridge he would like to protect and help preserve any way he can.
Guy Namiach (WR) of the Parks and Recreation Commission questioned why, if
baseball fields are so great, the previous speakers didn’t ask their cities to build them.
He reported that for 4½ months, not 4 ½ minutes, the community showed up and listened and planned, and rescheduled their live so they could voice their opinions about what they wanted in the park, what it should look like and how their tax and bond dollars should be spent. The councilors at the study session who voted to look at an alternate
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design thought they were doing a good thing. Instead they were ignoring an entire process where so many citizens were involved, and chose to listen to three people that have been personally invited to every meeting, but declined and used old relationships to sneak in their wishes. These councilors have not only insulted the citizens who showed
up for those 4 ½ months and dedicated their time and energy in the planning, they have
also put the candidates in the up-coming election who have had your support in awkward situations. ~ He has spoken with citizens who worked on this project and encouraged them to come in and speak. They’ve told him they’ve been showing up for 4 ½ months and asked if our pool was only used for organized meets and by swimmers from outside
the city would he support them over us? He said the field has only been used by an
over-35 men’s league from Denver – not Wheat Ridge, not even kids and not half of mankind; no women’s leagues are using the field and that’s half of the people in the city. He noted that several of the speakers who signed up to speak are not from Wheat Ridge; he wonders how they votes on 2E. ~ He noted Forbes magazine quotes a sharp
decline in youth baseball – 9.09% or 4.5 million kids, with a forecast showing more of the
same in the next few years. He reported that the architect was not asked to include a baseball field because no one in the community asked for one. If they had shown up for the meeting they would have known that. The people he speaks for understand it is Council’s job to look at options, but they are asking for Council to listen, acknowledge the
hard work by our citizens and voters, and support the design brought by the Parks and
Rec Commission, the focus group, and the many that have worked so hard to be representatives of all that contributed. Brittany Fitzsimmons (WR) spoke on behalf of the Wheat Ridge Avalanche Soccer Association; they use the Anderson soccer field and others around the city. Their club has doubled in the last two years and they expect to continue to grow as more families
move here and they attract the North Denver soccer players. They pay for the use of the fields and attract people from around the state for competition – people who dine here. They also host club events and team parties at local establishments. They use the field Monday through Friday afternoons and evenings, August-November and February-June. On Saturdays they host 4 games at Anderson with about 120 players plus their fans.
They are forced to use the baseball field in the fall and early spring for the lights because there aren’t enough fields to accommodate daytime use for all teams. Since the lights will be removed they need more fields. The multi-use field will provide more practice space. She provided information about her club. ~ She observes that the City likes to create citizen groups for input and ideas, but doesn’t like to use the input provided. She
finds this tactic causes division and frustration because people feel their time is wasted. This group has been working on the design for Anderson for several months – only to have it changed at the last minute and their final plan disregarded. Continued use of this tactic will cause an apathetic city. She urged Council to approve the Preferred Plan. Rachel Hultin (WR) listed ways she and her son have used Wheat Ridge park and recreation facilities over the years. She believes Wheat Ridge offers the best recreation
opportunities around. She values the City’s heritage, she participated in the planning
process, and she appreciates that people have special memories. She spoke of a lady who was part of the design process and wanted to keep the baseball field. However the baseball field didn’t move forward in the process; it was the community input and vision
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that has determined what the park should be for the next 20 years. She asked Council to respect the input of the community. She suggested disregard of the public input would create apathy. We need more participation, not less. She’s sorry the baseball community wasn’t as involved in the beginning, and suggested that at the next process
we address how do make everyone feel like they were part of the process. Tonight she
asks Council to respect the input of the public process.
Dick Orcutt (WR), a resident for 53 years, noted the younger gentlemen who spoke were raised here and do have strong ties to the interests of Wheat Ridge. ~ He shared highlights of the email he sent to Council. Anderson Park may be the only facility in the greater Denver area that provides citizens with a soccer field, a swimming pool, a
basketball court, exercise opportunity, sheltered picnic area, skateboarding opportunity,
and a lighted baseball field all at the same location. It can and should be the crown jewel of Wheat Ridge parks. The field has been here 50 years; it is a landmark. Hundreds of players have used it, and hundreds more will use it in the future. Playing fields are on the decrease; it is hard to supply the demand for baseball fields. He
respects soccer, but repeated that baseball people were left out of the process. It is a running thread that baseball people didn’t know about this process and certainly weren’t given invitations. He respects the people who came to all the meetings and their thoughts, but he pointed out the number of people who gave input was really not very large. Additionally, in the last two weeks he has learned of a very overplay of
concentrated efforts on the part of the soccer community. He isn’t against the soccer community, but noted there is a soccer field at Anderson and a baseball field. He believes they should both stay in the overall picture of the plan, and asked Council to think about the biggest picture possible.
Council questions
Councilmember Duran asked about revenue for the baseball field and for soccer. Staff member Jim Spaulding reported the baseball field averages around $10K yearly in rentals from an arrangement that has existed for decades. Soccer generates $15 per player per season. He had no figures for potential revenue from the multi-use field.
Councilmember Fitzgerald asked about payment from the WRHS freshmen. Mr.
Spalding reported the $15 per person was collected when it was part of WR Area
Baseball, but that is no longer collected since it is now part of the high school program. Regarding why baseball revenue is available but soccer revenue isn’t, Mr. Spalding reported that baseball figures are readily available because it is income from a private entity that is billed. He didn’t bring revenue figures for the city soccer program; it is
substantial. Regarding soccer field usage, Mr. Spalding reported that soccer fields are
used pretty much year round except for December, January, part of February and a short period in the summer when the recreation soccer fields are not used. The Avalanche uses fields about 8 months of the year. Councilmember Mathews asked how many soccer fields we have. Mr. Spalding reported 5 City-owned game fields, 2 game fields located on school property, and a variety of
soccer practice areas set up. Mr. Mathews asked for insight about the need for more
soccer fields when schools are being closed due to fewer children. Mr. Spalding reported
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there is no decrease in use for soccer fields; the City has about 500 kids a year in the recreational program and the Avalanche has 316 kids this year. The competitive program is growing; the recreation program is static. Mr. Spalding reported finding in his notes that the City collected over $7,000 from the Avalanche last year. Yes, it covers the use of several fields. He didn’t know what the portion would be for use of the Anderson field.
Councilmember Urban asked which soccer fields are on school property. Per Mr.
Spalding the City uses one small soccer area at Stevens, and some soccer practice fields at Wilmore-Davis. The City has never used Sobesky, and Martensen is unavailable now.
Councilmember Hoppe asked if there is a softball field in the city that could be converted to a baseball field. Ms. Spalding said the closest possibility, Panorama East, probably doesn’t have enough space for it.
Councilmember Pond asked how many girls’ teams play at the Anderson baseball field?
None. Can we rent out the open space in the outfield? We do rent out that space. The
measurements for the infield are specific to baseball. Motion by Councilmember Wooden to approve Resolution 39-2017, a resolution approving Anderson Park Master Plan; seconded by Councilmember Hoppe.
Motion by Councilmember Mathews to amend the adoption of Resolution 39-2017 to adopt the Preferred Renovation Plan Alternate with lighted baseball; seconded by Councilmember Duran.
Mr. Dahl advised this was an appropriate motion and explained it to the mayor. Ms. Manwaring clarified that this motion would add lights to the alternate plan. There was discussion on the amendment.
Councilmember Pond believes the public process was fair. He knows this is a loss for baseball, but he doesn’t think it’s prudent to have a space that has only one use. There is high demand on our fields and we don’t have enough of them. We can’t afford to have a space that has only one use. Also, since no women’s baseball is being played on this field his girls are out of luck. He supports flexibility so his girls can play there. ~ He
offered the compromise of a softball field that could be used by both genders and all ages, but no one was interested. ~ He noted the proposed multi-use field is a table top – not a soccer field; it is the other soccer field at Anderson that is a game field. ~ He made the point that an objective of the 2E bond process was to create multiple uses beyond athletics – for festivals and community-building. We can’t expect citizens and
commission members to continue to serve if we dishonor them by taking a thinly attended study session and turning everything around. He understands the sentiment, need and uses for a baseball field, but this is a balancing act. He won’t support the amendment. 2;05
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Councilmember Hoppe wasn’t at the study session, but listened to the audio tape. She doesn’t think baseball is a prudent use of this space, because there are other needs. She doesn’t think a long process should change at 11th hour. She suggested staff look at other places for a baseball field.
Councilmember Fitzgerald offered that he responded emotionally at the study session because he likes baseball. He has now changed his mind. He doesn’t think the process was exactly right since keeping the baseball field was not presented as an option; to him this invalidates the process. He wishes the City had been neutral about what was
presented. However he feels people need to participate and the City bent over
backwards to include people. He is sorry people feel they didn’t have a chance to participate, but it’s their responsibility to figure that out. He has to honor people who made choices even if the process wasn’t perfect. He must compromise because the most important thing to him is to stay on schedule and not delay the project. There will
be no lights either way. He read the original ballot language which makes no mention of
any kind of field. Councilmember Urban doesn’t see this as baseball vs soccer, but as being about compromise. Although there was a robust public input process, it’s important that a
significant portion of the recreation community (baseball) was told up front that their
choice of field use would not be included. No option with a baseball field was even presented to the public. He noted the park contains many other amenities and that many good ideas came from the input process. He would like to compromise on one aspect of this entire masterplan since one user group was shut out of the process. He is
concerned that we’d be taking out the only baseball field in Wheat Ridge when there are
other multi-use fields available at schools. The consultant indicates that keeping the baseball field is less expensive; the baseball field produces more income that soccer; and it provides the opportunity to bring in people from outside the City. He added that compromise is taking a little bit from everybody. He encouraged all to come together.
Councilmember Duran respects the process and the people who participated, but there
was a large section of citizens who didn’t participate for several reasons. There are a lot
of voices to be heard. Keeping the baseball field doesn’t scrape the whole plan; it keeps all the other great ideas that people worked hard on. She believes keeping the baseball field is a great compromise – that the concerns and desires of the people who spoke up recently cannot be dismissed, and there is a need to consider the entire picture. She
respects the last 4 ½ months and what the baseball folks have to say.
Councilmember Wooden talked about the meetings and the process, noting there was
lots of advertising and this issue of people coming at the last minute saying they didn’t know is not new. This was an open process; she doesn’t believe anyone was shut out. People made the choice not to show up. She doesn’t agree that the process was flawed and proposed that the facts prove otherwise. She recalled an earlier discussion in which
it was made clear up front that the baseball field would be replaced with a multi-use field.
She suggested this isn’t a battle between soccer and baseball, but an issue of how to use space to benefit the most people. She noted all sports pay so the argument that baseball pays and others don’t is invalid.
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Councilmember Mathews recalled the early discussion about Anderson Park and 2E led
him to believe that the baseball field was underutilized – only serving out-of-town folks once in a while, and that half the time no lights were on and no one was using it. He didn’t know about the history or the need for baseball fields, and he regrets not asking about it. ~ He recalled seeing this before in the city -- how at times things are
predetermined – how only certain facts are brought out, just facts that support one
direction. He believes we should fight against that – in this and in other situations. ~ He believes had there been better due diligence in informing the baseball field users that the plan was to remove it, more of them would have participated. He was 50-50 when he came tonight, but after hearing more people talk about the field, it reminded him why the
Baugh House was saved – because it’s our history. He doesn’t want to erase 50 years of
history – especially when there are other alternatives. Keeping the baseball field won’t jeopardize soccer and lacrosse; all the sports have coexisted a long time. ~ He also suggested we should have been marketing this field better all along. He thinks that effort was not made and that it was omitted as an option – hoping it would quietly go away. He
appreciates the people who came in, but reminded them when the majority wants to they can even ignore a vote of the people. He promised to do better asking significant questions earlier. He now believes the baseball field should be kept – that preserving this asset will be the bigger service to our city. He suggested future changes could be made to the fencing to offer access to the outfield for alternate uses. Once it is gone,
there will never be money to build another one. He cautioned the vote is to compromise or to end part of our history. Motion to amend failed 3-4, with Councilmembers Wooden, Fitzgerald, Pond and Hoppe voting no.
The City Attorney clarified for Councilmember Pond that the resolution for the Preferred Plan includes removal of the baseball field. Councilmember Urban asked for clarification of the total cost of the Masterplan as
presented. Ms. Manwaring reported the total cost of the Preferred Masterplan is $5,401,701, and that the additional funds needed (beyond the $4M from 2E) would come from the 2018 and 2019 Open Space Fund and Conservation Trust Fund. Main motion carried 4-3, with Councilmembers Mathews, Urban and Duran voting no.
2. Motion to award a contract to Diaz Construction Group LLC, Lakewood CO., in the amount of $150,750 for Anderson Park Waterline Project
The domestic water line in Anderson Park was installed in the 1970’s. It has failed and been repaired in multiple places over the last several years. Recent repairs indicate that it is time to replace it. The new Valley Water District system will service the outdoor pool bathhouse, the Anderson Building, the outdoor restroom and the Parks Operations Shop. Diaz Construction Group was the low bidder.
City Council Minutes October 23, 2017 Page 12
Councilmember Mathews introduced Item No. 2 Staff Presentation Ms. Manwaring noted this is the first step in the renovation process for Anderson Park.
There were no questions from Council or discussion.
Motion by Councilmember Mathews to award a contract to Diaz Construction Group LLC, Lakewood, Colorado, in the amount of $150,750 for the Anderson Park waterline project; seconded by Councilmember Wooden; Councilmember Urban asked if this $150K was included in the $5.4M for the Anderson Park project. Ms. Manwaring reported that it is not included in the $5.4M, and yes, it will
come out of the 2E funds. She concurred that the $5.4M figure does not include the
water line or the Masterplan consultant fees. She knows of no other costs that relate to the Anderson Park renovation. Motion carried 7-0.
3. Resolution 40-2017 – a resolution adopting the City of Wheat Ridge Americans with Disabilities Act Transition Plan
The ADA Transition Plan will provide guidance to improve accessibility in the City right-of-
way (ROW) that is in accordance with Title II of the Americans with Disabilities Act. Alfred Benesch & Company was contracted for $43,247.60 to complete the Plan. Councilmember Fitzgerald introduced Item No.3.
Staff Presentation Scott Brink introduced Jess Hastings from Alfred Benesch and Steve Nguyen, City Engineering Division Manager. Mr. Brink gave some brief highlights. Earlier in the year the final draft of the plan had been presented to Council by the consultant. Other
information has since been included from public meetings. Main components include:
• A self-evaluation of the City’s current practices, guidelines, standards, policies, and consideration for future ROW use to minimize or eliminate barriers to accessibility.
• Designating the Department’s ADA Coordinator and their role and responsibilities.
• Developing a formal ADA complaint procedure.
• Performing public involvement to seek input on the Transition Plan and accessibility.
• Serve as guidance to development of a multi-year program to correct deficiencies,
based on a prioritization method. He noted the Plan is subject to periodic review and update. Council questions
Councilmember Urban commented on the large number of spelling errors and missing
letters and words throughout the document. Mr. Brink said staff and the consultant will do a final edit before it is posted on the website.
City Council Minutes October 23, 2017 Page 13
Councilmember Mathews asked if this unfunded federal mandate, with the plan and any
schedules, falls in line with the City’s CIP budget. Mr. Brink reported the main thing is that we make a concerted effort to address the deficiencies. We have designated an amount of money each year for ADA; this year it’s $50K. We also try to correct deficiencies when other projects happen.
Motion by Councilmember Fitzgerald to approve Resolution No. 40-2017, a resolution adopting the Americans with Disabilities Act Transition Plan; seconded by Councilmember Wooden. Councilmember Urban announced he would be dedicating his vote to his father-in-law, who spent the majority of his life in a wheel chair. From him he understands and
appreciates the importance of accessibility.
Motion carried 7-0.
CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS Mr. Dahl repeated his seasonal advice about the use of social media by elected officials
during elections. Elected officials can do whatever they want on their own social media
sites. They are elected and they can use that title. Use of the city logo is permissible; it implies no endorsement by the City and costs the City no money. Elected officials cannot use city funds to urge voters to vote for or against something, but they can use their own funds and set up their own sites to promote their views. Also, hot links are used all the
time; it spends no city funds and is not a concern.
ELECTED OFFICIAL’S MATTERS Jerry DiTullio reported on the most recent financial report on the roofing expenses and revenues. ~ He noted that on November 13 Council would be approving the first bond
payment for $3M. ~ He thanked everyone on this and previous City Councils and Housing Authorities who made the Fruitdale Lofts possible. Janelle Shaver recalled that when Barker, Rinker, Seacat did the Recreation Center she and Mr. DiTullio were on City Council. She told that prior to the design being done, many, many public meetings were held – including at least one in each council district and at least one citywide meeting in Council chambers. Councilmembers attended them;
they were advertised and announced at Council meetings. There was no Facebook and
no large recreation mailing list of 4,000 at that time, but the attendance was huge -- much, much better than any of these meetings for Anderson Park.
Monica Duran reported that she and Councilmember Mathews had hosted a meeting the previous Saturday on bulk plain and residential height restrictions. Attendance was good. A survey was taken at the meeting; she asked if Council would approve putting it on the
website (for those who couldn’t attend), collecting that data and providing it for the Nov
20th meeting.
City Council Minutes October 23, 2017 Page 14
• Councilmember Hoppe expressed that if height is going to be addressed, she wants to have it addressed in all zones. She’d like to see about removing height limits.
• Councilmember Pond said he isn’t ready to have this be on the website because it
doesn’t explain things like bulk plain. Ms. Duran was very agreeable to including that information on the survey. She just wants to hear what people have to say.
• Councilmember Fitzgerald thinks this is reconsidering a decision, so he’s not in favor
of it. There is no point to it. If it’s about height, he thinks that is about design
standards and should have a separate public process.
• Councilmember Wooden likes the idea of a survey but doesn’t support using a survey that was created by Councilmembers Duran and Mathews.
• Councilmember Urban noted that several graphics about bulk plain are already available on the website, and people can google bulk plain. He expects if someone is bothering to take a survey about bulk plain standards they already are familiar with the issue and are smart enough to take the survey. He think the additional survey information would be helpful for the discussion on Nov 20th.
• Councilmember Mathews noted that Council addressed this only for R-3 and R1-C, which is mostly in District 1. We said we’d come back and revisit this issue city-wide to create some comprehensive guidelines for all residential zones, but we haven’t.
Further discussion ensued.
Ms. Duran reworded her consensus to provide for councilmember to submit questions to the City Manager and have staff prepare the survey with diagrams and descriptions. Mr.
Dahl explained a way that could be accomplished by gathering questions from councilmembers and adding them to the survey for Nov 20. That consensus passed by a vote of 6-2 Janeece Hoppe announced the audio from the October 16 study session will be available on the website. Clerk Shaver confirmed that a CD of the audio was prepared
and given to the videographer; he can and will make it available. ~ Ms. Hoppe reminded
everyone it was still Domestic Violence Awareness Month. If anyone would like to help DV victims they should contact The Family Tree. ~ She received consensus to have staff report back with another location for a competitive baseball field with grass infield and raised pitcher’s mound, and include cost estimates. ~ She offered thanks to Joyce
Jay and Genevieve Wooden for all the time and effort they’ve put into the community;
they will be missed.
Zach Urban announced that Trunk orTreat would be this Saturday at 4;00PM. Additional candy is still needed. Rickoli Brewery has a special treat for people who drop off candy there. ~ He announced the Optimists Pancake Supper is this Thursday at 5PM at the high school. ~ He recognized the passing of Tyler Tapiaro, an Eagle Scout and Explorer Scout who worked in the City of Wheat Ridge. He was a great young man and a friend of
his; he passed away this weekend. He sends his condolences to the family.
George Pond commended Ms. Wooden and Ms. Jay for the amazing amount of work they have done in the community. He hopes they both remain engaged.
City Council Minutes October 23, 2017 Page 15
Tim Fitzgerald said he appreciates how the mayor has spent time representing our City. He is impressed and awed by the amount of time put in. He is also impressed with what Genevieve Wooden did with the educational alliance. The thanked them both and agreed he would miss them too. ~ He announced that Fruitdale Lofts still has vacancies
for rent controlled units.
Larry Mathews still believes that fees are a tax, so regarding all the money that has
been taken in for permits – he advised we not take this windfall for granted, and get all “spendy” on ourselves, but rather decide conservatively how we will use the excess cash. Genevieve Wooden thanked people for their comments. She wishes more people could
have the opportunity to serve on Council. It’s been a great experience to have this
perspective. Joyce Jay said it has been a pleasure representing the City and she is proud the City is doing so well. She thanked everyone for being with her. She praised Ms. Wooden for
the amazing things she did with the education alliance and said it’s been a total pleasure working with the staff. The City Council Meeting was adjourned at 10:24 p.m.
_____________________________ Janelle Shaver, City Clerk
APPROVED BY CITY COUNCIL ON December 11, 2017
Tim Fitzgerald, Mayor pro tem 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.
ITEM NO: DATE: December 11, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 19-2017 – AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE
CODE OF LAWS REGARDING SMALL CELL COMMERCIAL MOBILE RADIO SERVICE (CMRS) FACILITIES PUBLIC HEARING ORDINANCES FOR 1ST READING (11/13/2017)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (12/11/2017) RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ City Attorney City Manager ISSUE:
During the 2017 Colorado state legislative session, the legislature adopted, and the governor signed, House Bill 17-1193 pertaining to small cell wireless service infrastructure. As it pertains to local governments, the bill does two significant things:
1. Makes such facilities a use-by-right in all zoning districts; and
2. Allows them to locate in public rights-of-way (ROW) and on utility and traffic signal poles in those locations, and in public utility easements, with some limitations and subject to City review and approval.
City Council adopted local regulations on June 12, 2017 pertaining to the design parameters and
approval processes for such facilities. An amendment is necessary to the definition of “small cell facility” to eliminate the potential for any large cellular facility to be considered a “small cell” facility.
Council Action Form – Small Cell CMRS Facilities
December 11, 2017
Page 2 PRIOR ACTION:
On June 12, 2017, Council approved Ordinance No. 1621 – an Ordinance amending Chapter 26 of the Wheat Ridge Code of Laws to Regulate and Allow Small Cell Commercial Mobile Radio Service (CMRS) Facilities.
FINANCIAL IMPACT:
None RECOMMENDATIONS: Staff recommends approval of the ordinance, which amends the definition of “small cell
facility.” This amendment is necessary to eliminate the potential for any large cellular facility to
be considered a “small cell” facility. This is important because only small cells are allowed in public rights of way under the state legislation. This amendment will resolve any internal consistencies in the Code between the intent of both the original Ordinance No. 1621 and the recent state legislation, and the specific wording contained in the original definition.
RECOMMENDED MOTION: “I move to approve Council Bill No. 19-2017, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding small cell commercial mobile radio service (CMRS) facilities on second reading and that it takes effect upon adoption.”
Or, “I move to postpone indefinitely Council Bill 19-2017, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding small cell commercial mobile radio
service (CMRS) facilities for the following reason(s)
.” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney
Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill No. 19-2017 2. Ordinance No. 1621
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CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DOZEMAN
COUNCIL BILL NO. 19 ORDINANCE NO. _________ Series 2017 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE
CODE OF LAWS REGARDING SMALL CELL COMMERCIAL MOBILE RADIO SERVICE (CMRS) FACILITIES
WHEREAS, the City of Wheat Ridge, Colorado (the “City”), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the
City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and
WHEREAS, in the exercise of this authority the Council has previously adopted Section 26-215 of the Wheat Ridge Code of Laws (‘Code”) concerning commercial
mobile radio service; and
WHEREAS, the Council recently amended Section 26-615 of the Code to address changes in law regarding telecommunication facilities and to make conforming amendments in connection therewith; and
WHEREAS, the Council finds that a minor amendment to Section 26-615 of the
Code is necessary to properly limit the definition of “small cell” wireless facility.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-615(I) of the Code is hereby amended as follows:
Small Cell CMRS Facility means either:
1. A personal wireless service facility as defined by the Federal Telecommunications Act of 1996, as amended as of August 6, 2014; or 2. A wireless service facility that meets both of the following qualifications:
a. 1. Each antenna is located inside an enclosure of no more than three
cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and b. 2. Primary equipment enclosures are not larger than seventeen cubic feet
in volume. The following associated equipment may be located outside
of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment,
ATTACHMENT 1
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telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch, and cut-off
switch.
Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect upon adoption and
signature by the Mayor and City Clerk, as permitted by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 13th day of November, 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 December 11, 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 _____ day of ____________, 2017.
_________________________
Bud Starker, Mayor ATTEST:
_________________________
Janelle Shaver, City Clerk Approved as to Form
_________________________ Gerald E. Dahl, City Attorney First Publication: November 16, 2017 Second Publication:
Wheat Ridge Transcript
Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us
ATTACHMENT 2
ITEM NO: DATE: December 11, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 20-2017 – AN ORDINANCE
APPROVING A RADIO TOWER SPACE LICENSE
AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND DMR NETWORKS, INC. PUBLIC HEARING ORDINANCES FOR 1ST READING (11/27/2017)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (12/11/2017) RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Chief of Police City Manager ISSUE:
In 2016, North Table Mountain was selected as an additional radio communication tower site for the City of Wheat Ridge, the City of Lakewood and the West Metro Fire Protection District to improve radio signal strength in areas lacking adequate coverage. DMR Networks owns a radio tower site at this location and have agreed to lease space at the tower site for the purposes of
locating and operating Wheat Ridge Police Department radio communication equipment. This
ordinance will approve the Tower Space License Agreement between the City of Wheat Ridge and DMR Networks, Inc. PRIOR ACTION: Council entered into an IGA with the City of Lakewood and the West Metro Fire Protection
District for a shared communication system in 2014. At the November 27 regular meeting, Council adopted and approved Council Bill No. 20-2017, an ordinance approving a radio tower space license agreement for the North Table Mountain site. At
that meeting, staff indicated that amendments would be drafted to the license agreement,
specifically concerning indemnification and insurance.
Council Action Form – DMR Radio Tower Lease
December 11, 2017
Page 2 Amendments have been proposed to the property owner, CallComm, Inc., and are awaiting a
response. Staff will continue to reach out to the owner to expedite the finalization of the agreement
prior to the December 11 Council meeting. FINANCIAL IMPACT: The overall financial impact for the City of Wheat Ridge should be less than current costs. In
2016, the cost to the City of Wheat Ridge for sharing the lease with West Metro Fire on Mount
Morrison amounted to $21,103.69. In 2017, the lease and utility costs to Wheat Ridge for the North Table Mountain site was $19,748.74. The base fee will increase yearly by 3% plus utilities. This is similar to the lease costs that the City has incurred in relation to the current IGA.
BACKGROUND: Currently the City of Wheat Ridge, the City of Lakewood and the West Metro Fire Protection District have an IGA for the shared use of the radio sites located on Mount Morrison and Green Mountain.
In late 2015, the City of Lakewood approached Wheat Ridge and West Metro Fire regarding placing a third radio site on an existing tower, located on North Table Mountain near Golden, that increased radio coverage in areas of Wheat Ridge as well as portions of Lakewood. After completing coverage studies, the three agencies agreed to go forward with the project, which was
mostly grant funded with some additional funding provided by the City of Lakewood, West
Metro Fire and the City of Wheat Ridge. The project was completed in 2016. Currently the City of Wheat Ridge and West Metro Fire share the site lease costs for the Mount Morrison site, and the City of Lakewood is responsible for the Green Mountain site. The current
IGA among The City of Wheat Ridge, The City of Lakewood and The West Metro Fire
Protection District addresses ownership of the equipment at Green Mountain and Mount Morrison. Council has been presented with an addendum to the IGA to reflect the addition of the North Table Mountain site. The addendum reflects that the City of Lakewood will have responsibility and equipment ownership of the Green Mountain site, West Metro Fire shall have
financial responsibility for the lease and ownership of equipment for the Mount Morrison Site
and the City of Wheat Ridge shall have responsibility for the lease and ownership of equipment for the North Table Mountain site. RECOMMENDATIONS: Staff recommends approving the Tower Space License Agreement between the City of Wheat
Ridge and DMR Networks, Inc. for the radio site located on North Table Mountain. RECOMMENDED MOTION: “I move to approve Council Bill No. 20-2017, an ordinance approving a Tower Space License
Agreement between the City of Wheat Ridge and DMR Networks, Inc. on second reading and
that it takes effect 15 days after final publication.” Or,
Council Action Form – DMR Radio Tower Lease
December 11, 2017
Page 3
“I move to postpone indefinitely Council Bill No. 20-2017, an ordinance approving a Tower
Space License Agreement between the City of Wheat Ridge and DMR Networks, Inc. for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Larry Stodden, Communications
Dave Pickett, Division Chief Daniel Brennan, Chief of Police Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 20-2017 2. DMR Networks, Inc. Tower Space License Agreement
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER POND Council Bill No. 20 Ordinance No. __________
Series of 2017 TITLE: AN ORDINANCE APPROVING A RADIO TOWER SPACE LICENSE AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND DMR NETWORKS, INC.
WHEREAS, the City of Wheat Ridge, Colorado (the “City”), is a Colorado home rule municipality,
duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and
WHEREAS, the City Police Department (“Department”) owns and operates radio communication equipment to assist it in its law enforcement duties and functions; and
WHEREAS, the Department has a desire to locate certain radio communication equipment in the approximate area of North Table Mountain in Golden, Colorado; and
WHEREAS, DMR Networks, Inc. d/b/a CallCom, Inc. (“DMR”) owns a radio tower site on North
Table Mountain (“Tower Site”); and
WHEREAS, DMR has expressed its willingness to lease space at the Tower Site to the City for purposes of locating and operating Department radio equipment, under those terms and conditions set
forth in a proposed Tower Space License Agreement; and
WHEREAS, the City Council finds and determines that it promotes the public health, safety and
welfare to secure long-term appropriate locations for Department radio equipment, and that it is therefore desirable to approve the proposed license agreement, the term of which could be twenty years; and
WHEREAS, Section 12.9 of the Wheat Ridge Home Rule Charter requires long-term leasehold and
rental agreements to be approved by the City Council by ordinance.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. The Tower Space License Agreement between the City and DMR, attached hereto and incorporated herein by this reference, is hereby approved. The Mayor and Clerk are authorized to execute the same. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object
sought to be attained.
Section 3. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed 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.
ATTACHMENT 1
2
Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 27th day of November, 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 December 11, 2017, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of
______ to ______, this ________ day of _____________________, 2017.
SIGNED by the Mayor on this ________ day of ____________________, 2017.
Bud Starker, Mayor
ATTEST:
Janelle Shaver, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: November 30, 2017 Second Publication: Wheat Ridge Transcript Effective Date:
1
TOWER SPACE LICENSE AGREEMENT THIS AGREEMENT is made as January 1st, 2017 by and
between DMR Networks, Inc. dba CallComm, Inc. (“Licensor) and The City of Wheat Ridge. (“Licensee”). THE LICENSOR AND LICENESEE AGREE AS FOLLOWS: 1. Scope of License. Subject to the terms and conditions of this Tower Space License Agreement (“Agreement), Licensor hereby grants permission to Licensee to install, maintain and operate the radio communications equipment described in EXHIBIT A AND EXHIBIT B annexed hereto (“Equipment”) at Licensor’s communications site located at North Table Mountain, Golden, Colorado (“Site”). 2. Term. The term of this Agreement shall commence on January 1st, 2018 (“Commencement Date”) and shall continue for a period of five (5) years (“Initial Term”), with
three (3) additional five (5) year renewal period (s) (“Renewal Term(s) “). The Renewal Term (s) shall commence automatically without further action on the part of Licensor or Licensee; provided, however, that either party may terminate this Agreement at any time during the first
year of the Initial Term, or at the expiration of the Initial Term by giving the other party written notice not less than one hundred twenty (120) days prior, or at the expiration of any Renewal Term (s) by giving the other party written notice not less than one hundred twenty (120) days prior to the expiration of the then current term. 3. Fees. (a) Licensee shall pay to Licensor an annual fee for use of the tower site. The 2018 fee is Nineteen Thousand Thirteen Dollars and Forty Four Cents ($19,013.44) plus utility charges from the previous year. All proceeding years’ fees shall be payable no later than 30 days after the 28th day of every January. Subject to the provisions of Paragraph 5 (c) hereof, the Base Fee is exclusive of charges for the furnishing of electricity and other utilities to Licensee. (b) Effective on the anniversary of the Commencement Date of this Agreement
during each year of the Initial Term and any Renewal Term(s), the then current Base Fee payable by Licensee to Licensor shall be increased by an amount equal to ( i ) three (3.00%) percent over the total Base Fee payable by Licensee for preceding year.
(c) Licensee agrees that payment of any fees, additional fees or other payments set forth herein shall be due upon receipt of invoice from the Licensor, and that Licensee shall
pay an additional charge of five (5.0%) percent of the annual fee for each payment made more than ten (10) days after it due date. Licensee further agrees that equipment will be disconnected for non-payment after 30 days of due date. (d) All sums payable hereunder by Licensee, including, but not limited to,
ATTACHMENT 2
2
the monthly Base Fee payable pursuant to this Section 3, shall be payable to DMR Networks, Inc.
dba CallComm, P.O. Box 745145, Arvada, Colorado, 80006 , Att. Accounts Payable, or to such other address as Licensor shall designate.
4. Inspection of Site. The Site shall be provided in “AS IS” condition by Licensor. Licensee has visited
and inspected the Site and accepts the physical condition thereof and acknowledges that no representations or warranties have been made to Licensee by Licensor as to the condition of the Site, including the tower or towers, as the case may be, and/or the storage facilities, or as to any engineering data. Licensee is responsible for determining all aspects as to the acceptability, accuracy and adequacy of the Site for Licensee, or to maintain, insure, operate or safeguard Licensee’s Equipment. 5. Installation, Maintenance and Operating Procedures. (a) Licensee shall install, maintain and operate its equipment during the term hereof in compliance with all present and future rules and regulations of any local, State, or Federal
authority having jurisdiction with respect thereto (including, without limitation, the rules and regulations of the Federal Communications Commission (“FCC”) and the Federal Aviation Administration (“FAA”). Prior to the installation of its Equipment, or any modification or
changes to the Equipment, if any (but excluding repairs, minor modifications and/or replacement with substantially similar equipment), Licensee shall comply with the following:
(i) Licensee shall submit, in writing, all plans for such installations, modifications or changes for Licensor’s approval, such approval not to be unreasonably withheld or delayed, to DMR Networks, Inc. dba CallComm, P.O. Box 745135, CO., 80006, Att. Engineering, In order to assure Licensee’s compliance with the provisions of this Agreement, the plans and specifications for Licensee’s Equipment and any modifications thereto shall be submitted to engineers and consultants selected by Licensor for review and approval. All work performed at the Site in connection with the installation and modification of Licensee’s Equipment shall be performed at Licensee’s sole cost and expense either by Licensee’s employees or by contractors approved by Licensor, such approval not to be unreasonably withheld or delayed. Licensee shall require all contractors, as a condition to their engagement, to agree to be bound by provisions identical to those included in this Agreement, specifically those
relating to the indemnification of Licensor and insurance requirements. The engagement of a contractor by Licensee shall not relieve Licensee of any of its obligations under this Agreement;
(ii) All of Licensee’s Equipment shall be clearly marked to show Licensee’s name, address, telephone number and the frequency and location. All coaxial cable relating to the Equipment shall be identified in the same manner at the bottom and top of the line. At Licensor’s
request, Licensee shall promptly deliver to Licensor written proof of compliance with all applicable Federal, State, and local laws, rules and regulations in connection with any installations or modifications of Equipment; and (iii) No work performed by Licensee, its contractors, subcontractors or materialsmen pursuant to this Agreement, whether in nature of construction, installation, alteration or repair to the Site or to Licensee’s Equipment, will be deemed to be for the immediate use and benefit of Licensor so that no mechanic’s or other lien will be allowed against the property and estate of Licensor by reason of any consent given by Licensor to Licensee to improve the Site. If any mechanic’s or other liens will at any time be filed against the Site or the
3
property of which the Site is a part by reason of work, labor, services, or materials performed or
furnished, or alleged to have been performed or furnished, to Licensee or to anyone using the Site through or under Licensee, Licensee will forthwith cause the same to be discharged of record or bonded to the satisfaction of Licensor. If Licensee fails to cause such lien to be so discharged or
bonded within ten (10) days after it has actual notice of the filing thereof, then, in addition to any other right or remedy of Licensor, Licensor may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Licensor, including reasonable attorneys’
fees incurred by Licensor either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the statutory rate, will be due and payable by Licensee to Licensor as an additional fee hereunder. (iv) Licensor reserves the right to require Licensee at its sole cost and expense, prior to the installation of the Equipment, to have a structural study of the tower performed by an engineer approved by Licensor. Licensor shall cooperate with Licensee and shall provide Licensee with any information available which is necessary to perform such study. Upon receipt of the structural study report (“Report”), Licensee shall provide a copy to Licensor for Licensor’s approval. Licensor shall have fifteen (15) days to either approve the Report (“Report Approval”) or inform Licensee of the Report’s deficiencies, such approval not to be
unreasonably withheld or delayed. If Licensor fails to give Report Approval to the Report within forty-five (45) days of Licensee’s initial submission of the Report to Licensor, Licensee shall have the right to terminate this Agreement upon ten (10) days’ prior written notice to Licensor.
In the Event Licensor gives Report Approval and such approved Report indicates that structural repairs or modifications are necessary to support Licensee’s Equipment, Licensee shall submit to Licensor a written construction proposal (“Proposal”) for the structural repairs or modifications.
Licensor shall have ten (10) days from the date it receives the Proposal to either approve the Proposal or cancel the applicable Site Lease upon fifteen (15) days’ prior written notice to Licensee, in which case the parties shall have no further obligation with respect to this Agreement, except as specifically provided for herein. If Licensor approves the Proposal then Licensee shall either have such repairs or modifications performed at its sole cost and expense prior to the installation of the Equipment or Licensee may cancel this Agreement by giving fifteen (15) days’ prior written notice to Licensor, in which event all prepaid rent or fees shall be refunded to Licensee and the parties shall have no further obligation with respect to this Agreement, except as specifically provided for herein. (b) Notwithstanding anything to the contrary contained herein, Licensee agrees
That in all matters where Licensor’s approval is required, and Licensor determines in its sole discretion that a threat of interference or other disruption with the business of Licensor or other existing licensees or tenants exists, Licensor shall have the absolute right to withhold such approval. (c) In the event Licensee requires an electric power supply and/or usage different
from that currently at the Site and excluded within the Base Fee, Licensee shall, at its sole cost and expense, obtain such power supply. Any work performed in connection with this Paragraph 5 (c) shall comply with provisions of Paragraph 5 (a) hereof. Licensee hereby agrees that any power lines installed by Licensee shall run within the current easements of Licensor, and any deviation from such easement rights shall be corrected at Licensee’s expense, which sum shall be
immediately due upon the rendering of an invoice as an additional fee hereunder. (d) In the event a zoning variance is required in connection with the installation or modification of the Equipment, Licensor shall have the right, at its discretion, to either (i) cancel this Agreement, or (ii) allow Licensee, at Licensee’s sole cost and expense, to obtain such
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variance. Licensor shall, at Licensee’s request and expense, reasonably cooperate with Licensee
in obtaining such variance. (e) Licensee shall have the right of ingress and to the Site egress, at Licensee’s
sole cost and expense, for the purpose of maintenance and repair of Licensee’s Equipment twenty-four (24) hours per day, seven (7) days per week. Licensor shall provide Licensee with a key and/or combination to the lock (s) at the Site in order to facilitate such access. In the event
Licensee should require Licensor’s assistance to gain access to the Site, Licensee shall reimburse Licensor for all costs and expenses incurred by Licensor as a result of such emergency access. All access to the Site shall be subject to the continuing control of, as well as the reasonable security and safety procedures established from time to time by, Licensor. (f) During the term of this Agreement, Licensee shall have the right of ingress and egress to the Site, as referenced in Paragraph 5 (e) above, damages to access roads and easements by the elements, of God, excepted. Access shall be limited only to authorized personnel of Licensee, and Licensee shall require said personnel to utilize only four-wheeled drive vehicles. All access to the Site by Licensee’s authorized personnel shall be at their own risk and Licensor shall not be held responsible for any acts of the personnel or the condition of the
access roads or easements. 6. Interference.
(a) The installation, maintenance and operation of the Licensee’s Equipment shall not interfere electrically, or in any other manner whatsoever, with the equipment, facilities
or operations of Licensor or with any other licensees or tenants at the Site. Notwithstanding anything in this Agreement to the contrary, it is expressly understood and agreed that if the installation or operation of Licensee’s Equipment shall interfere: (i) With other radio communications systems and equipment installed prior to the Commencement Date of this Agreement, Licensee shall upon request (verbal or otherwise) immediately suspend its operations (except for intermittent testing) and do whatever Licensor deems necessary to eliminate or remedy such interference. If it is determined that such interference cannot be rectified., then Licensor may, at its option, terminate this Agreement upon written notice to Licensee, whereupon Licensee shall remove the Equipment at its sole cost and expense and in accordance with Section 8 herein. In the event Licensee fails to remove the Equipment within fifteen (15) days of such termination, Licensor may remove and store any and all of Licensee’s Equipment at Licensee’s sole cost and
expense; or (ii) With any other radio communications systems and equipment
installed at the Site after the Commencement Date of this Agreement, Licensee shall cooperate fully with Licensor and any future tenant or licensee injured by Licensee’s interference (“Future Party”) to remedy the interference. Licensee shall do whatever Licensor deems reasonably necessary to cure such interference, provided, however, that all costs related to remedying such interference is due to failure, defects of deficiencies in Licensee’s system, Equipment, or installation. (b) Licensee hereby acknowledges that Licensor has licensed, and will continue to license, space at and upon the Site to third parties for the installation and operation of radio communication facilities. Licensee accepts this Agreement with this knowledge and waives any
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and all claims against Licensor resulting from or attributable to interference caused by present or
future equipment, facilities or methods of operation employed by Licensor in its business upon the Site. Licensee also waives any and all claims against Licensor arising from interference resulting to Licensee by virtue of equipment, facilities or operations employed by any other
licensee or tenant of Licensor in its business upon the Site. In the event that any such interference occurs that materially interferes with Licensee’s utilization of the Site, Licensee, as its sole remedy, in lieu of any and all other remedies at law, or in equity, may terminate this Agreement
at any time thereafter by giving Licensor thirty (30) days’ prior written notice to that effect, and such termination shall be effective at the end of such thirty (30) day period, provided, however, that such termination will not be effective if Licensor eliminates such interference within thirty (30) days of Licensee’s termination notice. Licensee shall pay Licensor any fees due for the period up to the termination of this Agreement. Any advance payments for periods after the termination of this Agreement will be reimbursed to Licensee. (c) Licensor reserves the right to require Licensee to relocate one or more of its antenna (s) and Licensee agrees to relocate said antenna (s) at Licensee’s expense, provided that said relocation does not substantially change the operation of Licensee’s equipment.
7. Maintenance of Licensee’s Equipment. Licensee at its sole cost and expense shall be responsible for the maintenance of its equipment
and improvements at the Site, if any, in accordance with all applicable laws and regulations and this Agreement. All maintenance work shall be performed by licensed contractors, previously approved in writing by Licensor, such approval not to be unreasonably withheld or delayed. In
the event Licensor, in its opinion, determines that any structural modifications or repairs are needed to be made to any portion of the Site due to the presence of Licensee’s Equipment or other improvements, Licensor shall notify Licensee of the needed modifications or repairs, and the following procedures shall apply: (i) If structural modifications are necessary prior to Licensee’s installation or modifications of the Equipment, then either: (A) Licensee shall, at its sole cost and expense, promptly make all such noticed modifications in accordance with Section 5 hereof; or (B) If such noticed modifications are not completed within sixty (60) days of such notice, either party shall have the right to terminate this Agreement by giving the other party thirty (30) days’ prior written notice.
(ii) If repairs are necessary due to the presence of Licensee’s Equipment, Licensee shall, at its sole cost and expense, promptly make all such noticed repairs in accordance
with Section 5 hereof; provided, however, that in the event of an emergency, Licensor shall have the right to make such modifications or repairs at Licensee’s expense, upon notice to Licensee, and such sum shall be immediately due upon the rendering of an invoice as an additional fee
hereunder. Each transmitter shall be equipped with a bandpass filter or duplexer providing a minimum of 60dB attenuation to adjacent receive frequencies. Additionally, all transmitters shall be equipped with an isolator, circulator or other directional device designed to prevent ingress of stray RF into the transmitter output circuits from the antennas. The isolator, circulator or other device shall provide a minimum of 50 dB isolation between the antenna and the transmitter output. Notwithstanding anything to the contrary contained within this Agreement, Licensee shall maintain and upgrade filtering and other appropriate devices on the Licensee’s Equipment
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so as at all times to eliminate or minimize interference and noise to a level (i) reasonably required
by Licensor, and (ii) achievable through the use of state of the art technology. 8. Removal of Licensee’s Equipment.
Provided that Licensee is not in default in the performance of its obligations Hereunder, at the expiration of this Agreement or earlier termination thereof, Licensee shall
remove any and all of the Equipment. Such removal shall be performed pursuant to the guidelines set forth in Section 5 of this Agreement, without any interference, damage or destruction to any other equipment, structures or operations at the Site or any equipment of other licensee to tenants thereon. Licensee shall submit a removal plan for Licensor’s written approval, interference or damage caused to the Site or equipment of other licensees or tenants by such removal shall be immediately repaired or eliminated by Licensee. If Licensee fails to make such repairs, at Licensor’s sole cost and expense, within three (3) days after the occurrence of such damage, injury or interference, Licensor may perform all the necessary repairs at Licensee’s cost and expense and such sum shall be immediately due upon the rendering of an invoice as an additional fee hereunder. Should licensee be in default in performance of its obligations, all equipment will remain on site until all obligations have been met as per this contract.
9. Indemnification.
(a) Licensee shall indemnify and hold Licensor harmless from ( i ) all costs of any damage done to Licensor’s or other licensees’ or tenants’ facilities or equipment located at the Site, that occur as a result of the installation, operation or maintenance of Licensee’s
Equipment or other improvements; and ( ii ) any claims, demands, or causes of action for personal injuries, including any payments made under any workers compensation law or any plan of employee’s disability and death benefits, arising out of Licensee’s occupancy of the Site or the installation, maintenance and operation or removal of Licensee’s Equipment, except only such damages, costs, claims, causes of action or demands caused solely by the gross negligence or willful misconduct or Licensor. (b) Licensor shall not be responsible or liable to Licensee for any loss, damage or expense that may be occasioned by, through, or in connection with any acts or omissions of other licensees or tenants occupying the Site. Licensee hereby assumes the risk of the inability to operate as a result of any structural or power failures at the Site or failure of Licensee or Licensee’s Equipment for any reason whatsoever and agrees to indemnify and hold Licensor harmless from all damages and costs to defending any claim or suit for damages of any kind, including but not limited to business interruption and attorneys’ fees, asserted against
Licensor by reason of such failure. (c) Licensee shall also indemnify and hold Licensor harmless from any
losses, liabilities, claims, demands or causes of action for property damage or personal injuries, including any payment made under any worker’s compensation law or any plan of employees’ disability and death benefits, arising out of or resulting from any claims, damages, losses, liabilities or causes of action resulting in any way from radio frequency radiation emissions from Licensee’s Equipment or any other harmful effect of Licensee’s Equipment.
10. Damage or Destruction. Licensor and Licensee agree that Licensor shall in no way be liable for loss of use or other damage of any nature arising out of the loss, destruction or damage to the Site or to
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Licensee’s Equipment located thereon, by fire, explosion, windstorms, water or any other
casualty or acts of third parties. In the event the Site or any part thereof is damaged or destroyed by elements or any other cause, Licensor may elect to repair, rebuild, or restore the Site or any part thereof, to the same condition as it was immediately prior to such casualty. In such event,
the payments required herein shall cease as of the date of usable condition for Licensee’s operation. If Licensor chooses not to repair, restore or build the Site, Licensor shall send to Licensee a notice of cancellation of this Agreement within thirty (30) days of such casualty. If
this Agreement is canceled, the payments required herein shall terminate as of the date of such casualty.
11. Insurance. (a) Licensee shall keep in full force and effect during the term of this Agreement a comprehensive general liability insurance policy, including blanket contractual and completed operations coverage, with limits of liability of at least One Million ($1,000,000.00) Dollars in respect to bodily injury, including death, arising from any one occurrence, and Two Million ($2,000,000.00) Dollars in respect to damage to property arising from any one occurrence. Said insurance policy shall be endorsed to include Licensor as an additional insured
and shall provide that Licensor will receive at least (30) days’ prior written notice of any cancellation or material change in such insurance policy. Licensee shall be required to furnish to Licensor, prior to the installation of the Equipment, and for the duration of this Agreement
thereafter. Current certificates of insurance confirming that the insurance coverage as specified herein is in full force and effect.
(b) Notwithstanding the foregoing insurance requirements, the insolvency, bankruptcy, or failure of any insurance company carrying insurance for Licensee, or failure of any such insurance company to pay claims accruing, shall not be held to waive any of the provisions of this Agreement or relieve Licensee from any obligations under this Agreement. 12. Taxes. Licensee hereby acknowledges that the existence of Licensee’s Equipment and other improvements at the Site may result in an increase in the assessed valuation of the Site. Licensee agrees to reimburse Licensor upon receipt of documentation showing that Licensee’s Equipment or other improvements caused an increase in the assessed value of the Site, for Licensee’s proportionate share of any increases in the real estate taxes payable by Licensor as a consequence of the increase in assessed valuation. Licensor hereby agrees to cooperate with Licensee, at Licensee’s sole cost and expense, to obtain an abatement of any such increased assessment. In the event any sales, use or other tax shall be payable by Licensor in connection
with this Agreement, Licensee shall reimburse Licensor on demand for such payments or shall furnish necessary documentation to the appropriate government authorities to show that fee payments hereunder shall be exempt from such sales, use or other tax.
13. Notices. All notices, demands, requests, or other communications which are required to be
given, served or sent by one party to the other pursuant to this Agreement shall be in writing, and shall be mailed, postage prepaid, by registered or certified mail, or by a reliable overnight courier service with delivery verification, to the following addresses or such other address as may be designated in writing by either party:
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If to Licensor: DMR Networks, Inc. dba CallComm.
P.O. Box 745135 Arvada, CO., 80006 Att. Accts Receivable
If to Licensee: City of Wheat Ridge 7500 W. 29th Ave
Wheat Ridge, CO 80033 Att. Radio Systems Management Notice given by certified or registered mail or by reliable overnight courier shall be deemed delivered on the date of receipt (or on the date receipt is refused) as shown on the certification of receipt or on the records or manifest of the U. S. Postal Service or such courier service. 14. Default. (a) Any one or more of the following events shall constitute a default (“Default”) by Licensee under this Agreement:
(i) the failure of payment of fees, additional fees or other payments set forth herein and such failure continues for ten (10) days after Licensor provides written notice
thereof Licensee; (ii) abandonment of either the Licensee Equipment or that portion of the Site upon which the Licensee Equipment was installed;
(iii) prosecution of any case, proceeding or other action under any existing or future law of any jurisdiction, domestic or foreign relating to bankruptcy, insolvency, reorganization or relief with respect to Licensee, or seeking reorganization, arrangement, adjustment, winding-up liquidation, dissolution, composition or other relief with respect to Licensee or Licensee’s debts; (iv) the making by Licensee of an assignment or any other arrangement for the general benefits of creditors under any state statute; or
(iv) Licensee’s failure to perform any other of its obligations under this Agreement and such failure continues for thirty (30) days after Licensor gives written notice thereof to Licensee.
(b) In the event of a Default, Licensor shall be entitled at Licensor’s option to terminate this Agreement and to remove all of Licensee’s Equipment, improvements, personnel
or personal property located at the Site at Licensee’s cost and expense. In the event that Licensor should, as a result of the Default in the performance by Licensee of its obligations hereunder, incur any costs or expenses on behalf of Licensee or in connection with Licensee’s obligations hereunder, such sums shall be immediately due to Licensor upon rendering of an invoice to Licensee as an additional fee hereunder. (c) At any time or from time to time after the removal of the Licensee’s property from the Site pursuant to Paragraph 15 (b) above, whether or not the current term of this Agreement shall have been terminated, Licensor may (but shall be under no obligation to) re- licenses Licensee’s former space at the Site, or any part thereof, for the account of the Licensor,
9
for such term or terms (which may be greater than or less than the period which would otherwise
have constituted the balance of the current term) and on such conditions (which may include concessions or free rent) and for such uses as Licensor, in Licensor’s absolute discretion, may determine, and may collect and receive payments therefrom. Licensor shall not be responsible or
liable for any failure to re-license Licensee’s former space at the Site or any part thereof or for any failure to collect any payments due upon any such re-licensing.
(d) No Default pursuant to this Section 15, by operation of law or otherwise (except as expressly provided herein), no removal of Licensee’s property from the Site pursuant to the terms of this Agreement, and/or no re-licensing of Licensee’s former space at the Site shall relieve Licensee of Licensee’s obligations or liabilities hereunder, all of which shall survive such Default, removal an/or re-licensing. Without limiting the foregoing, upon Licensee’s removal from the Site pursuant to this Section 15, Licensee shall nonetheless remain liable for all license fees and other payments hereunder for the remainder of the then-current term. (e) All of the rights, powers, and remedies of Licensor provided for in this Agreement or now or hereafter existing at law or in equity, or by statute or otherwise, shall be deemed to be separate, distinct, cumulative, and concurrent. No one or more of such rights,
powers, or remedies, nor any mention of reference to any one or more of them in this Agreement, shall be deemed to be in the exclusion of, or a waiver of, any other rights, powers, or remedies provided for in this Agreement, or now or hereafter existing at law or in equity, or by statute or
otherwise. The exercise or enforcement by Licensor of any one or more of such rights, powers, or remedies shall not preclude the simultaneous or later exercise or enforcement by Licensor of any or all of such other rights, powers, or remedies.
15. Assignment. (a) Licensor reserves the right to assign, transfer, mortgage or otherwise encumber the Site and/or its interest in this Agreement. Licensee shall upon demand execute and deliver to Licensor such further instruments subordinating this Agreement, as may be required by Licensor in connection with Licensor’s contemplated transaction. (b) Licensee may not assign, transfer, or otherwise encumber its interest in this Agreement without the prior written consent of Licensor, such consent not to be unreasonably withheld or delayed. Notwithstanding the foregoing, Licensor agrees that Licensee may assign this Agreement, upon prior notice to Licensor but without Licensor’s consent, to (i) Licensee’s parent; or (ii) any entity acquiring a controlling interest of Licensee’s stock or to any party which acquires substantially all of the assets of Licensee.
16. Miscellaneous.
(a) This Agreement shall not be modified, extended or terminated (other than as set forth herein) except by an instrument duly signed by Licensor and Licensee. Waiver of a breach of any provision hereof under any circumstances will not constitute a waiver of any
subsequent breach of such provision, or of a breach of any other provision of this Agreement. (b) Licensor and Licensee represent and warrant to each other that no broker was involved in connection with this transaction and each party agrees to indemnify and hold the other harmless from and against the claims of any broker made in connection with this transaction.
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(c) No modification, termination or surrender of this Agreement or surrender
of Licensee’s space at the Site or any part thereof or of any interest therein by Licensee shall be valid or effective unless agreed to and accepted in writing by Licensor, and no act by any representative or agent of Licensor, other that such a written agreement and acceptance, shall
constitute an acceptance thereof. (d) This Agreement embodies the entire agreement between the parties. If
any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. (e) This Agreement may be executed in counterpart copies, each of which shall be deemed an original, but which together shall constitute a single instrument. (f) All section heading and captions used herein are for the convenience of the parties only and shall not be considered a substantive part of the Agreement. (g) Each of the parties hereto acknowledges to the other that it has had this Agreement reviewed by counsel of its choice and has been assisted by such counsel in the
negotiation, preparation, execution and delivery of this Agreement. (h) This Agreement shall be governed by and construed in accordance with
the laws of the state of Colorado. (i) This Agreement creates a license only and Licensee acknowledges that
Licensee does not and shall not claim at any time, any real property interest or estate of any kind or extent whatsoever in the Site by virtue of this Agreement of Licensee’s use of the Site pursuant hereto. Nothing herein contained shall be construed as constituting a partnership, joint venture or agency between Licensor and Licensee. (j) Neither this Agreement nor any memorandum hereof shall be recorded in the land records of any county or city or otherwise without the prior written consent of Licensor. (k) Terms and conditions of this subject lease agreement were memorialized and summarized by Steve Kabelis as illustrated in Attachment B. Initial invoice is memorialized and summarized in Attachment C. Licensee shall pay all its utility expenses on an annual basis as
determined by the Licensor. Licensor shall invoice Licensee for utilities on an annual basis.
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IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first
written above.
Licensor: DMR Networks, Inc. dba CallComm By: _________________________________
Name: Alex Doyle Title: Treasurer/CFO Licensee: City of Wheat Ridge By: _________________________________
Name: Title: _____________________
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EXHIBIT A – ANTENNA HARDWARE LIST 1- TX 101-90-08-3-03 Omni (UHF band) antenna system 1- Rx 101-90-08-3-03 Omni (UHF band) antenna system 1 -2’ SHF dish antenna system (SHF band)
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EXHIBIT B – INTERIOR EQUIPMENT 8 channel MSTR V P25 Phase 2 TDMA capable repeater station and associated Rf/network equipment (UHF band) NEC 9500 SHF radio and associated back haul equipment (SHF band)
-48 VDC power plant / 21 hr battery backup modules/ 12-24 vdc
power convertors stations
Redundant AC units
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ATTACHMENT A – BANDS OF FREQUENCIES
UHF for MSTRV P25 repeater and SHF frequency bands NEC
9500 back haul.
ITEM NO: DATE: December 11, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL 21-2017 - AN ORDINANCE AMENDING 22-66 OF THE WHEAT RIDGE CODE OF LAWS REGARDING
USE TAX APPLIED TO CONSTRUCTION EQUIPMENT AND CREDIT FOR SALES OR USE TAX PREVIOUSLY PAID TO ANOTHER MUNICIPALITY PUBLIC HEARING ORDINANCES FOR 1ST READING (11/27/2017)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (12/11/2017) RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ City Attorney City Manager 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. City Council approved Ordinance No. 1614 on February 27, 2017; however, two code provisions in Section 22-66 were not changed to reflect the voter
approved tax increase to 3.5%. This proposed ordinance makes the appropriate change.
PRIOR ACTION: City Council approved Ordinance No. 1614 on February 27, 2017 codifying this voter approved tax increase.
FINANCIAL IMPACT: There is no financial impact with this ordinance change. The ordinance change is a clarification of the voter approved sales and use tax increase.
BACKGROUND: City Council approved Ordinance No. 1614 on February 27, 2017; however, a couple of provisions in Section 22-66 were not changed to reflect the voter approved tax increase to 3.5%. The error was discovered by a staff member. The provisions include subsection (d) of Section
Council Action Form– Sales Tax Increase Code Clarification
December 11, 2017
Page 2 22-66 Use tax applied to construction equipment and subsection e of Section 22-66 Credit for sales or use tax previously paid to another municipality.
RECOMMENDATIONS: Staff recommends amending Sections 22-66 regarding use tax applied to construction equipment and credit for sales or use tax previously paid to another municipality.
RECOMMENDED MOTION:
“I move to approve Council Bill 21-2017, an ordinance amending 22-66 of the Wheat Ridge Code of Laws regarding use tax applied to construction equipment and credit for sales or use tax previously paid to another municipality, on second reading and that it takes effect upon adoption.”
Or, “I move to postpone indefinitely Council Bill 21-2017, an ordinance amending Section 22-66 of the Wheat Ridge Code of Laws regarding use tax applied to construction equipment and credit
for sales or use tax previously paid to another municipality, for the following reason(s)
_______________________________.” REPORT PREPARED AND REVIEWED BY: Heather Geyer, Administrative Services Director
Gerald Dahl, City Attorney
Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill 21-2017
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CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER URBAN
COUNCIL BILL NO. 21 ORDINANCE NO. _________ Series 2017
TITLE: AN ORDINANCE AMENDING SECTION 22-66 OF THE
WHEAT RIDGE CODE OF LAWS REGARDING USE TAX APPLIED TO CONSTRUCTION EQUIPMENT AND CREDIT FOR SALES OR USE TAX PREVIOUSLY PAID TO ANOTHER MUNICIPALITY
WHEREAS, the City of Wheat Ridge, Colorado (the “City”), is a Colorado home rule
municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority, the City is empowered to impose and collect sales and use taxes, a power the City Council (“Council”) has exercised through the
adoption of Chapter 22 of the Wheat Ridge Code of Laws (“Code”); and
WHEREAS, in November of 2016, City electors approved an increase in the rate of both sales and use taxes, from three percent (3%) to three and one-half percent (3.5%), for each respective tax; and
WHEREAS, in order to codify the approval granted by the voters, the Council amended
section 22-56 and section 22-66 of the Code by Ordinance No. 1614 on February 27, 2017, to
increase the respective sales and use tax rates as a general matter; and
WHEREAS, the Council finds that certain amendments to Section 22-66 of the Code are necessary to make corollary amendments to references to those tax rates elsewhere.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Subsection (d) of Section 22-66 of the Code is hereby amended as follows:
(d) Use tax applied to construction equipment. Proration of the use tax shall be applied to construction equipment as follows:
(1) Construction equipment located within the boundaries of the city for more than thirty (30) consecutive days shall be subject to the full applicable use tax of the city.
(2) Construction equipment which is located within the boundaries of the city for thirty (30) consecutive days or fewer shall be subject to
the city's use tax as follows: the purchase price of the equipment
shall be multiplied by eight and three-tenths (8.3) percent, the
ATTACHMENT 1
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result of which shall be multiplied by three AND ONE-HALF
(3.5) percent, the result of which shall be the amount of use tax
due.
(3) Where the provisions of subsection (d)(2) of this paragraph are
utilized, the credit provisions of this section shall apply at such time as the aggregate sales and use taxes legally imposed by and paid to other statutory or home rule municipalities on any such equipment equal to three AND ONE-HALF (3.5) percent. In order
to avail itself of these procedures, the taxpayer shall:
a. Prior to or on the date the equipment is located within the
boundaries of the city, the taxpayer shall file with the city
an equipment declaration on a form provided by the city. Such declaration shall state the dates on which the taxpayer anticipates the equipment will be located within and removed from the boundaries of the city, shall include
a description of each such anticipated piece of equipment,
and shall include such other information as reasonably deemed necessary by the city.
b. The taxpayer shall file with the city an amended equipment declaration reflecting any changes in the information contained in any previous equipment declaration no less than once every ninety (90) days after
the equipment is brought into the boundaries of the city
or, for equipment which is brought into the boundaries of the city for a project of less than ninety-days duration, no later than ten (10) days after substantial completion of the project.
c. The credit provisions of subsection (e) shall not apply.
Section 2. Subsection (e) of Section 22-66 of the Code is hereby amended as follows:
(e) Credit for sales or use tax previously paid to another municipality.
(1) The city's sales and use tax shall not apply to the storage, use or consumption of any article of tangible personal property the sale or use of which has already been subjected to a sales or use tax of another statutory or home rule municipality legally imposed on the
purchaser or user equal to or in excess of three AND ONE-HALF (3.5) percent. A credit shall be granted against the city's use tax with respect to the person's storage, use or consumption in the city of tangible personal property, the amount of the credit to equal the tax paid by him by reason of the imposition of a sales or use tax of
the previous statutory or home rule municipality on his purchase or
use of the property. The amount of the credit shall not exceed three AND ONE-HALF (3.5) percent.
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(2) Credit shall not be given for use tax or warehouse tax paid to
another jurisdiction if such tax was improperly assessed or
imposed by the other jurisdiction.
(3) Credit shall not be given for funds paid to another taxing
jurisdiction for any type of permit or licensing fee.
Section 3. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect upon adoption and signature by the Mayor and City Clerk, as permitted by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this
27th day of November, 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 December 11, 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 _____ day of ____________, 2017.
_________________________ Bud Starker, Mayor ATTEST:
_________________________ Janelle Shaver, City Clerk Approved as to Form
_________________________ Gerald E. Dahl, City Attorney First Publication: November 30, 2017
Second Publication:
Wheat Ridge Transcript Effective Date: Published:
Wheat Ridge Transcript and www.ci.wheatridge.co.us
ITEM NO: DATE: December 11, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 47-2017 – A RESOLUTION
APPROVING A MEMORANDUM OF UNDERSTANDING
CONCERNING WITHDRAWAL MANAGEMENT SERVICES BY AND BETWEEN JEFFERSON CENTER FOR MENTAL HEALTH, JEFFERSON COUNTY AND THE CITIES OF ARVADA, EDGEWATER, GOLDEN, LAKEWOOD, WHEAT RIDGE AND WESTMINSTER
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________
City Manager ISSUE: Arapahoe House, a nonprofit health care organization and provider of treatment for drug and alcohol
addiction, had a contract with the state of Colorado to provide withdrawal management (detox)
services at locations in Aurora, Commerce City and Wheat Ridge until June 30, 2017. Jefferson Center for Mental Health (JCMH) officially took over these services in Wheat Ridge from Arapahoe House at the end of June 2017. The memorandum of understanding (MOU) under consideration for approval was drafted to establish the funding obligations of the local government members that are
parties to the MOU and the powers and obligations of JCMH.
PRIOR ACTION: None
FINANCIAL IMPACT:
The City of Wheat Ridge contributed $12,637, based on a percentage of total Jefferson County population, in March 2017 to assist Arapahoe House in continuing detox services through June 30, 2017. If the MOU is approved by City Council, the City of Wheat Ridge will be obligated to pay
Council Action Form – Withdrawal Management Services MOU
December 11, 2017
Page 2 JCMH $30,100 in 2018 and beginning in 2019 the payment will increase annually by the percentage
of growth shown in the Denver-Boulder-Greeley consumer price index. The 2018 budget includes
the necessary funding for 2018. BACKGROUND: In 1973, through a legislative declaration, the Colorado General Assembly found and declared that
alcoholism and intoxication were matters of statewide concern. The General Assembly has
appropriated funding annually to support medical detoxification in the Denver metropolitan area since that time. Arapahoe House, a nonprofit health care organization and provider of treatment for drug and alcohol addiction, had a contract with the state of Colorado to provide withdrawal management (detox) services at locations in Aurora, Commerce City and Wheat Ridge until June 30,
2017.
In late 2016, Arapahoe House announced it could no longer continue to provide detoxification services because the detox program had for years operated at a loss and the nonprofit could no longer continue subsidizing the program while also continuing its more intensive treatment efforts.
Arapahoe House released the following statement announcing the closure:
"With the implementation of the Affordable Care Act, Arapahoe House is now operating in a complex, challenging health care environment. As a nonprofit health care organization, we have an obligation to identify and provide the most
effective forms of treatment, and to make smart choices about our resources in
order to provide high quality treatment to the greatest number of individuals and
families in our community. Like many health care organizations, we are confronted with difficult choices.
Over the last several years, Arapahoe House has significantly subsidized our
detox program. We are not adequately reimbursed for the cost of this valuable public safety net service and we can no longer sustain the gap in funding. We are working as hard as we can to fill the gap – yet, regardless of that outcome, we
will be closing all withdrawal management services on June 30, 2017 at the
latest, and January 31, 2017 at the earliest.” Through a partnership with Jefferson County, other Jefferson County municipalities and Jefferson County hospitals, $259,000 was contributed to Arapahoe House to assist them in continuing detox
services through June 30, 2017. The City of Wheat Ridge’s contribution was $12,637 based on a
percentage of total population. The Parties to this MOU decided it would be in the best interest of Jefferson County residents for withdrawal management services to continue into the foreseeable future. Fortunately, JCMH agreed
to provide these services at the former Arapahoe House facility located at 4643 Wadsworth
Boulevard in Wheat Ridge. JCMH officially took over these services from Arapahoe House at the end of June 2017 and has recently purchased the property. The MOU under consideration for
Council Action Form – Withdrawal Management Services MOU
December 11, 2017
Page 3 approval was drafted to establish the funding obligations of the local government members and the
powers and obligations of JCMH.
RECOMMENDATIONS: Staff recommends approval of the Withdrawal Management Services MOU
RECOMMENDED MOTION:
“I move to approve Resolution No. 47-2017, a resolution approving a Memorandum of Understanding concerning Withdrawal Management Services by and between Jefferson Center for Mental Health, Jefferson County and the cities of Arvada, Edgewater, Golden, Lakewood, Wheat Ridge and Westminster.”
Or, “I move to postpone indefinitely Resolution No. 47-2017, a resolution approving a Memorandum of Understanding concerning Withdrawal Management Services by and between Jefferson
Center for Mental Health, Jefferson County and the cities of Arvada, Edgewater, Golden,
Lakewood, Wheat Ridge and Westminster for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 47-2017 2. Withdrawal Management Services MOU
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 47
Series of 2017
TITLE: A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING CONCERNING WITHDRAWAL MANAGEMENT SERVICES BY AND BETWEEN JEFFERSON
CENTER FOR MENTAL HEALTH, JEFFERSON COUNTY AND THE CITIES OF ARVADA, EDGEWATER, GOLDEN, LAKEWOOD, WHEAT RIDGE AND WESTMINSTER WHEREAS, each participating Local Government Member, as defined in the
MOU, independently possesses the power and authority to ensure the health, safety
and welfare of its residents; and
WHEREAS, for many, the Local Government Members have each depended upon Arapahoe House, an Intoxication and Withdrawal Management Services Facility located at 4643 Wadsworth Boulevard, Wheat Ridge, Colorado, as the local provider of
such services to residents of the Local Government Members; and
WHEREAS, Arapahoe House ceased providing Intoxication and Withdrawal Management Services on June 30, 2017; and
WHEREAS, the Local Government Members have decided it would be in the best interest of their residents for the Intoxication and Withdrawal Management Services
to continue into the foreseeable future; and
WHEREAS, Jefferson Center for Mental Health (JCMH) has agreed to provide the Intoxication and Withdrawal Management Services at the existing Wheat Ridge, Colorado location; and
WHEREAS, the Parties agree that each Local Government Member should
contribute to funding the Intoxication and Withdrawal Management Services on an
ongoing basis, as it continues to be in the best interest of health, safety and welfare of their residents to administer the Services; and
WHEREAS, the Parties desire to establish this MOU to provide funding to JCMH, for continuation of the Intoxication and Withdrawal Management Services; and
WHEREAS, establishment of this MOU will serve a public purpose and will
promote the health, safety and general welfare of inhabitants in and around Jefferson County.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
The Memorandum of Understanding concerning Withdrawal Management Services is
hereby approved. The Mayor and City Clerk are authorized to execute the same.
ATTACHMENT 1
2
DONE AND RESOLVED this 11th day of December 2017.
Bud Starker, Mayor ATTEST:
Janelle Shaver, City Clerk
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MEMORANDUM OF UNDERSTANDING CONCERNING WITHDRAWAL MANAGEMENT SERVICES
THIS MEMORANDUM OF UNDERSTANDING (“MOU), dated
[________________________], is made by and between the following Parties (each,
individually, a “Party”):
A. Jefferson Center for Mental Health, a not-for-profit community mental health
organization serving Jefferson, Clear Creek and Gilpin counties (“JCMH”);
B. The County of Jefferson, State of Colorado, a body politic and corporate (the
“County”) ;
C. The City of Arvada, a municipal corporation (“Arvada”);
D. The City of Edgewater, a municipal corporation (“Edgewater”);
E. The City of Golden, a municipal corporation (“Golden”);
F. The City of Lakewood, a municipal corporation (“Lakewood”);
G. The City of Wheat Ridge, a municipal corporation (“Wheat Ridge”); and
H. The City of Westminster, a municipal corporation (“Westminster”).
RECITALS
A. Each participating Local Government Member, as defined herein, independently possesses the power and authority to ensure the health, safety and welfare of its residents.
B. For many years, the Local Government Members have each depended upon Arapahoe House, an Intoxication and Withdrawal Management Services Facility located at 4643
Wadsworth Boulevard, Wheat Ridge, Colorado, as the local provider of such services to residents
of the Local Government Members.
C. Arapahoe House ceased providing Intoxication and Withdrawal Management Services on June 30, 2017.
D. The Local Government Members have decided it would be in the best interest of
their residents for the Intoxication and Withdrawal Management Services to continue into the
foreseeable future.
E. JCMH has agreed to provide the Intoxication and Withdrawal Management Services at the existing Wheat Ridge, Colorado location.
F. The Parties agree that each Local Government Member should contribute to
funding the Intoxication and Withdrawal Management Services on an ongoing basis, as it
continues to be in the best interest of health, safety and welfare of their residents to administer the Services.
G. The Parties desire to establish this MOU to provide funding to JCMH, for continuation of the Intoxication and Withdrawal Management Services.
ATTACHMENT 2
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H. Establishment of this MOU will serve a public purpose and will promote the health,
safety and general welfare of inhabitants in and around Jefferson County.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the Parties as follows:
I. DEFINITIONS:
As used in this MOU, the following terms are defined.
A. Facility shall mean the building and other appurtenances located at 4643
Wadsworth Boulevard, Wheat Ridge, Colorado, at which the Intoxication and Withdrawal
Management Services are and will be provided.
B. Fiscal year shall mean the calendar year, beginning with January 1 and ending with December 31.
C. Intoxication and Withdrawal Management Services, or Services shall mean the
following organized services, provided in an urgent care setting to both men and women in a
clinically-managed, social model, detoxification facility, delivered by appropriately trained and certified staff who provide a 24-hour, 7-day-per-week supervision, observation, and support for patients who are intoxicated or experiencing withdrawal, where the intoxication or withdrawal signs and symptoms are sufficiently severe to require 24-hour structure and support:
1. Intoxication management
2. Withdrawal management
3. Assessment of patients
4. Brief interventions for substance use disorders
5. Administration of Naloxone/Narcan for opiate overdose reversal
6. Case management, including outreach
7. Coordination of care with aftercare providers
8. Assistance to law enforcement in maintaining public safety by placement of these
individuals in a secure environment
9. Any additional services that are ancillary to the Services expressly identified herein
and not otherwise in contradiction with this MOU
10. Any additional Services that are authorized in writing by all of the Local
Government Members
D. Intoxication Management shall mean managing intoxicated individuals until they
are sober.
E. Local Government Member shall mean Jefferson County and the municipalities participating in this MOU.
F. Medical Screening Required Form shall mean a set of defined questions that assist in making appropriate admission decisions regarding referrals for American Society of
Addiction Medicine level of care, III.2 non-medical social detox.
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G. Police Referral Screening Tool shall mean a set of defined brief screening
questions to initially determine if patient meets referrals for American Society of Addiction
Medicine level of care, III.2 non-medical social detox.
II. OBLIGATIONS OF JCMH:
A. General Obligations and Standards of Care.
1. JCMH shall establish and maintain access to quality care in its provision of the
Services.
2. JCMH shall facilitate engagement in treatment of individuals entering the detoxification unit who have substance use disorder conditions, including those with severe substance use disorder.
3. JCMH shall prioritize improving health outcomes for individuals and the community.
JCMH will use all appropriate opportunities to provide immediate harm reduction, and
decrease undesirable utilization of emergency services. Ideally, the Services will include comprehensive community-based case management targeted at reducing harm and producing incremental improvement of overall health.
B. Facility Location. JCMH shall continue to operate the Facility at the Wheat Ridge,
Colorado location and/or such additional or alternate locations as agreed by the Parties. JCMH
shall provide a copy of the applicable lease agreement or purchase contract to any Local Government Member upon written request.
C. Intake and Screening. The Parties agree to implement preadmission and admission protocols, as set forth hereto as “Exhibit B,” which is incorporated by this reference.
D. Reporting Requirements.
1. Quarterly Report. JCMH shall compile data on the Services, and share that data with the Local Government Members on a quarterly basis, using the form attached hereto as “Exhibit A.”
2. Annual Report. Annually, on or before January 1 of each calendar year, JCMH
shall prepare and present to the Local Government Members a comprehensive
written annual report of Facility activities, income and expenses. The annual report shall also be produced upon request of any Local Government Member.
3. Reports required by law, regulation or contract. JCMH shall prepare and present such reports as may be required by law, regulation, or contract to any authorized
federal, state or local official to whom such report is required to be made in the
course and operation of the Facility.
4. Additional Reports requested by Local Government Members. JCMH will render to the Local Government Members, at reasonable intervals, such reports and
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accountings as the Local Government Members may from time to time request and
as consented to by JCMH, which consent will not be unreasonably withheld.
E. Quality Assurance. Upon request, JCMH will participate in quality assurance meetings with one or more Local Government Members, with each party determining the personnel most appropriate to participate. Issues to be addressed include, at minimum, systematic and case specific issues. JCMH will track outcome data specific to service expertise, and provide
the Local Government Members with any available written reports on a quarterly and/or annual
basis. Upon request, JCMH will participate in reviewing JCMH’s clinical services documentation of the residents receiving Services from the MOU. JCMH will complete satisfaction and other surveys upon request from the Local Government Members.
F. Independent Contractor Relationship. The relationship between JCMH and the
Local Government Members shall be deemed as independent contractors. Neither JCMH, nor any
employees of JCMH, are, or shall be deemed, employees of any of the Local Government Members, and JCMH shall be solely responsible for all benefits and Workers’ Compensation Insurance coverages for all JCMH employees.
G. Nondiscrimination.
1. Services. The Services, amenities and programs at the Facility shall be made
available to all persons regardless of race, creed, sex, color, national origin or ancestry, religion, disability, age, sexual orientation, gender identity, military or veteran status, and any other basis prohibited by federal, state or local law.
2. Employment. JCMH shall not discriminate on the basis of race, creed, color,
national origin or ancestry, religion, age, sex, sexual orientation, gender identity,
disability, military or veteran status, or national origin against any employee or applicant with respect to: (i) hiring, upgrading, demotion or transfer; (ii) recruitment or recruitment advertising; (iii) layoff or termination; (iv) rates of pay or other forms of compensation; and (v) selection for training, including
apprenticeship.
H. Use by Others. It is the intention of the Parties that the Facility will serve the Local Government Members and their residents and visitors present in Jefferson County. To the extent other government entities refer residents to the Facility, JCMH is permitted to provide the Services to such individuals, provided the referring government entity fully pays for the cost of such
individual services. The Local Government Members consent to JCMH setting and charging fees
for Services provided directly to individual persons not referred by Local Government Members and all such fees shall be uniform within classes of service. The Local Government Members further consent to JCMH invoicing non-parties for services provided, and details of such invoices and data shall be included in the quarterly reports to the Local Government Members.
I. Assignment. JCMH will not assign or otherwise transfer its obligations under this
Agreement without prior written consent of each and every participating Local Government Member.
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J. Compliance with Laws. JCMH shall comply with all federal, state and local laws,
including all local zoning and licensing requirements.
III. BUDGET AND FUNDING: A. Budget Process.
JCMH shall prepare a preliminary budget and submit it on or before March 31 of each year to
the Local Government Members for comment. The participating Local Government Members
shall submit comments on or before April 30 of that year. A final budget shall be submitted to each of the Local Government Members no later than May 31 of each year. B. Annual Funding. 1. In consideration of the satisfactory performance of the Services, the Local
Government Members shall pay JCMH $500,000 for each calendar year, in accordance with the following breakdown: a. Jefferson County will contribute $150,000. b. The remaining $350,000 shall be contributed pro rata based on the
contributing Local Government Members population within
Jefferson County, as shown in the table below. c. Local Government Members located partially within and partially without the territorial limits of Jefferson County, shall pay pro-rata based on the percentage in population of the Local Government
Member that is located within Jefferson County.
2. The amounts to be contributed by each Local Government Member for the 2018 calendar year are set forth below in “Table 1.” 3. The amounts to be contributed shall be computed and agreed upon among the Local Government Members by July 1 for the following fiscal year.
4. Beginning with the 2019 calendar year, the payment contribution required from
each Local Government Member shall be increased by the percentage of growth, as shown in the Denver-Boulder-Greeley consumer price index. 5. The population for each Local Government Member, as obtained from Denver Regional Council of Governments, as of the date of execution of this agreement, is
set forth in “Table 1.” The population of each Local Government Member will be
revised, and amount to be contributed recalculated on an annual basis. TABLE 1
Local Government Member Population (within Jefferson County) Percentage of Total Population $ Amount Contributed Jefferson County ---- ---- $150,000
City of Arvada 110,295 30.6 $107,100
City of Edgewater 5,315 1.5 $5,250 City of Golden 20,096 5.6 $19,600
City of Lakewood 149,666 41.5 $145,250
City of Wheat Ridge 31,108 8.6 $30,100
City of Westminster 43,842 12.2 $42,700
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C. Contributions of Non-Participating Local Governments. It is the intention that JCMH
will serve the participating Local Government Members and their residents. To the extent other non-participating local governments refer residents to the Facility, JCMH is permitted to do so, provided the referring local government entity fully pays for the cost of such individual services rendered. JCMH will invoice non-parties for services, and
details of such invoices and data should be included in the quarterly reports to the Local
Government Members.
D. Contributions of New Parties. In the event any new government entity subsequently joins this MOU by agreeing in writing to the terms of this MOU, as amended, it shall be treated as a participating Local Government Member, and its share of the Annual
Funding shall be computed, appropriated and paid pro rata, as set forth herein.
Furthermore, if a new Local Government Member is added after January 1, it shall contribute the appropriate percentage of its pro rata share, based upon the percentage of months remaining in that calendar year. In the event that a new additional Local Government Member joins this MOU, the total Annual Funding amount shall remain the
same, and each participating Local Government Member’s contribution shall be
recalculated and decreased by the amount of that new additional funding, on a pro rata basis.
E. Additional Funding Sources. In addition to the contributions from the Local
Government Members, JCMH will continue to obtain funding for the Services and Facility
from the Colorado Office of Behavioral Health (via the Managed Service Organizations), Medicaid, hospital support, limited insurance, and client fees. Such funding will be reflected in the Annual Report, and in the Budget, as referenced in this MOU. If additional funding sources are obtained in any year, the total Local Government Member
contributions will decrease by the amount of that additional funding, on a pro rata basis.
F. Payment.
1. JCMH shall invoice the Local Government Members annually, but no earlier than January 31 of each year, in accordance with “Table 1.” JCMH shall prepare the invoices at its sole cost and shall include sufficient detail as determined by the Local
Government Members to enable the Local Government Members to verify the
appropriateness of the invoice. The Local Government Members shall pay each invoice within 30 calendar days of receipt of an approved invoice. 2. Incorrect payments to JCMH due to omission, error, fraud, or defalcation may be recovered from JCMH by deduction for subsequent payments due to JCMH under
this MOU and other agreements between the Local Government Members and
JCMH. 3. Address. Payments will be sent to JCMH at the following address: 70 Executive Center, 4851 Independence Street, Wheat Ridge, CO 80033-6715.
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IV. INSURANCE AND LIABILITY:
A. Insurance. JCMH shall obtain and maintain adequate liability insurance coverage
to protect against any and all claims and liabilities which may arise due to the activities, duties and obligations conducted by JCMH at the Facility under this Agreement, including the work of any independent contractors, during the term of this MOU. The liability insurance policies shall be primary and non-contributory for such claims and shall not contain any “excess” or “other
insurance” clauses which limit their primary coverages, shall name each of the Local Government
Members as additional insureds, and shall contain a waiver of subrogation in favor of the Local Government Members. The liability policies shall not be terminated or cancelled without at least 60 days prior written notice to the Local Government Members. JCMH shall carry general liability, or combination of general liability and umbrella policies, and automobile liability
insurance in accordance with the following stipulated limits:
For Liability: $1,000,000 per Occurrence/$3,000,000 Aggregate Bodily Injury &
Property Damage Combined Single Limit
For Automobile: $1,000,000 Bodily Injury & Property Damage Combined Single
Limit each Accident
Workers’ Compensation Insurance: JCMH shall provide Workers’ Compensation and
Employer’s Liability insurance in conformance with all Colorado statutory limits for all persons employed by JCMH for the work to be performed under this MOU. Proof of Coverage: JCMH shall provide to the Local Government Members, upon request,
all required insurance policies, Certificates of Insurance and/or any endorsements necessary
to show that the insurance coverages required herein have been procured and are being
maintained. Certificates of Insurance shall provide that the insurance shall not be cancelled
or terminated during the term of this MOU, and that sixty (60) days’ notice shall be given the
Local Government Members prior to cancellation of policies.
Indemnification of Local Government Members: JCMH hereby agrees to defend, release
and indemnify each of the Local Government Members, and agrees to hold each of the Local
Government Members and its representatives and agents harmless for and on account of any
act or omission of the JCMH in the execution of its duties and obligations under this MOU as
specified herein, and this indemnification shall extend to and include Bodily Injury, Property
Damage or Personal Injury, including compensatory, economic, punitive or special damages
suffered by any person or entity in connection with this MOU. JCMH agrees to defend each
of the Local Government Members hereunder and indemnify each of the Local Government
Members, to include all court costs and attorney’s fees incurred in any defense required to be
undertaken by the Local Government Members as a result of the actions of JCMH under this
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MOU. Each of the Local Government Members, its officers and employees shall be added to
JCMH’s general liability policy as Additional Insured as its interests may appear.
Notwithstanding the foregoing, nothing contained herein shall be deemed a waiver by the
Local Government Members of any of the protections afforded them by the Colorado
Governmental Immunity Act (C.R.S. §§ 24-10-101, et seq).
V. BOOKS AND RECORDS:
A. Recordkeeping. JCMH shall maintain adequate and correct accounts of its funds,
properties, and business transactions as it relates to the Facility, which accounts shall be open to inspection at any reasonable time by the Local Government Members and their attorneys or agents.
B. Annual Audit. JCMH shall conduct an annual audit after the end of each fiscal year. Such audit shall be conducted by one or more independent, certified public accountants, or registered accountants, or partnerships thereof, licensed to practice in the State of Colorado. JCMH
shall tender a copy of each such audit to the Local Government Members, prior to January 1 of each year.
VI. TERM, RENEWAL AND TERMINATION:
A. Term and Renewal. This MOU shall be in full force and effect upon approval of all parties. This MOU shall automatically renew on January 1 of each calendar year, subject to
the provisions of this Article.
B. Termination of Party Participation by Written Notice. Any Party’s participation in this MOU may be terminated effective by written notice from that Party to all other Parties at least 180 days prior to January 1 of any given year. Any Local Government Member terminating its participation pursuant to this provision shall not be entitled to any reimbursement
of its contributions previously paid to JCMH.
C. Termination of Local Government Member absent Required Notice. In the event any Local Government Member elects to terminate its participation in this MOU not in accordance with this Article, such Local Government Member shall be considered in default and
shall forfeit its entire contribution to JCMH for that year. Upon default, the defaulting Local
Government Member shall forfeit all privileges and property it obtained as a result of its participation in this MOU. Should a defaulting Local Government Member seek at some later date to participate again in this MOU, such Local Government Member shall be required to meet the requirements and contributions of any new Local Government Member seeking participation
pursuant to the terms of this MOU.
D. Termination of Local Government Member for Non-Appropriation. Should any Local Government Member fail to appropriate funds pursuant to its obligations set forth herein, such Local Government Member shall be considered in default and be treated the same as under Section C of this Article.
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E. Survival. Notwithstanding anything herein to the contrary, the Parties understand
and agree that all terms and conditions of this MOU that require continued performance or
compliance beyond the termination or expiration of this MOU shall survive such termination or expiration and shall be enforceable against a Party if such Party fails to perform or comply with such a term or condition.
VIII. GENERAL PROVISIONS:
A. Conflict of Interest. JCMH shall not knowingly perform any act that would
conflict in any manner with the performances of the Services. JCMH certifies that it is not engaged in any current project or business transaction, directly or indirectly, nor has it any interest, direct or indirect, with any person or business that might result in a conflict of interest in the performance of Services.
B. Amendment. This MOU may be amended at any time in writing by the unanimous
agreement of the Parties.
C. Severability. If any provisions of this MOU or the application thereof to any Party or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the MOU which can be given effect without the invalid provision or application, and to this end,
the provisions of the MOU are declared to be severable.
D. Execution by Counterparts; Electronic Signatures. This MOU may be signed in counterparts, each counterpart shall be deemed an original, and all the counterparts taken as a whole shall constitute one and the same instrument. The Parties approve the use of electronic signatures for execution of this MOU. All use of electronic signatures shall be governed by the
Uniform Electronic Transactions Act, C.R.S. §§ 24-71.3-101 to 121.
E. No Third Party Beneficiaries. Except as otherwise stated herein, this MOU is intended to describe the rights and responsibilities of and between the Parties and is not intended to, and shall not be deemed to, confer rights upon any persons or entities not named as Parties, limit in any way governmental immunity and other limited liability statutes for the protection of
the Parties, nor limit the powers and responsibilities of any other entity not a Party. Nothing
contained herein shall be deemed to create a partnership or joint venture between the Parties with respect to the subject matter hereof.
F. Supersedes and Replaces Prior Agreements. This MOU supersedes and replaces all prior agreements amongst the Parties on the matters contained herein.
G. Officials Not to Benefit. No elected, appointed or employed member of any Local
Government Member shall be paid or receive, directly or indirectly, any share or part of this MOU or any benefit that may arise therefrom.
H. TABOR compliance; No General Obligation Indebtedness. Because this MOU may extend beyond the current fiscal year, all of the Parties understand and intend that the
obligation of the Local Government Members for funding hereunder constitutes a current expense
of the Local Government Members payable exclusively from the Local Government Members’ funds and appropriated each fiscal year and shall not in any way be construed to be a multi-fiscal
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year debt or other financial obligations within the meaning of Article X, Section 20 of the Colorado
Constitution, a general obligation indebtedness of the Local Government Members within the
meaning of any provision of Article XI of the Colorado Constitution, or any other constitutional or statutory indebtedness.
I. Waiver. This MOU or any of its provisions may not be waived except in writing by a Party’s representative. The failure of a Party to enforce any right arising under this MOU on
one or more occasions will not operate as a waiver of that or any other right on that or any other
occasion.
J. Proper Execution. Each Party represents that all procedures necessary to authorize such Party’s execution of this MOU have been performed and that the person signing for such party has been authorized to do so.
K. Governing Law and Venue. It is the intention of the Parties to this MOU that this
MOU and the performance under this MOU, and all suits and special proceedings under this MOU, be construed in accordance with and governed, to the exclusion of laws of any other forum, by the laws of the State of Colorado, without regard to the jurisdiction in which any action or special proceeding may be instituted. Venue for any action concerning this MOU shall be proper and
exclusive in the District Court for Jefferson County, Colorado.
L. Illegal Aliens/Authorization to Work. If JCMH has any employees or subcontractors, JCMH shall comply with C.R.S. §8-17.5-101, et seq., regarding Illegal Aliens - Public Contracts for Services, and this MOU. By execution of this MOU, JCMH certifies that it does not knowingly employ or contract with an illegal alien who will perform work under this
MOU and that JCMH will participate in either the E-Verify Program or Department Program in
order to confirm the eligibility of all employees who are newly hired for employment to perform work under this MOU.
1. JCMH shall not: a. Knowingly employ or contract with an illegal alien to perform work under
this MOU; or
b. Enter into a contract with a subcontractor that fails to certify to JCMH that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this MOU.
2. JCMH has confirmed the employment eligibility of all employees who are newly
hired for employment to perform Services under this MOU through participation in
either the E-Verify Program or Department Program.
3. JCMH shall not use either the E-Verify Program or Department Program to undertake pre-employment screening of job applicants while this MOU is in effect.
4. If JCMH obtains actual knowledge that a subcontractor performing work under this
MOU knowingly employs or contracts with an illegal alien, JCMH shall:
a. Notify the subcontractor and the Local Government Members within three days that JCMH has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and
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b. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to the preceding sub-subparagraph of
this subparagraph, the subcontractor does not stop employing or contracting with the illegal alien; except that JCMH shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed
or contracted with an illegal alien.
5. JCMH shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. §8-17.5-102(5).
6. If JCMH violates this provision of this MOU, the Local Government Members may
terminate the MOU for a breach of contract. If JCMH is so terminated, JCMH shall
be liable for actual and consequential damages to the Local Government Members as required by law.
7. The Local Government Members will notify the Office of the Secretary of State if JCMH violates this provision of this MOU and the Local Government Members
terminate the MOU for such breach.
M. Public Document. JCMH hereby acknowledges that the Local Government Members are public entities subject to the Colorado Open Records Act, C.R.S. § 24-72-201, et seq., and as such, this MOU will be subject to public disclosure thereunder.
N. Electronic Disposition. The Parties acknowledge and agree that the original of
this MOU, including the signature pages, may be scanned and stored in a computer database or
similar device, and that any printout or other output readable by sight, the reproduction of which is shown to accurately reproduce the original of this MOU, may be used for any purpose as if it were the original, including proof of the content of the original writing.
O. Ownership of Documents/Deliverables. Any data, documents or other things or
information provided by a Local Government Member to JCMH or to which JCMH
has access during the performance of the Services (the “Documents”) and any reports, drawings, results, conclusions of the Services or other writings or products produced by JCMH (the “Deliverables”) shall be and remain the sole property of the Local Government Member at all times; and JCMH shall not use any of the Deliverables or
Documents for any other purpose. The Local Government Members shall,
respectively, retain all right, title and interest in and to both the Documents and the Deliverables. JCMH shall not disclose to any third party any Document or Deliverable without the prior written approval of the Local Government Members unless required under the Colorado Public Records Act or other law.
P. Confidentiality. During the course of JCMH’s performance of the Services, JCMH may have access to certain confidential and proprietary information owned or controlled by the Local Government Members that may be disclosed to JCMH and JCMH’s employees, agents, representatives, assigns or subcontractors orally, in
writing or by observation. All such information disclosed to JCMH or JCMH’s
employees shall be maintained in strict confidence, shall not be used except as
-12-
necessary for the performance of this MOU and shall not be disclosed to any third
party without prior written approval of the Local Government Members unless
required under the Colorado Public Records Act or other law. All tangible items or material developed by or made available to JCMH or JCMH’s employees, agents, representatives, assigns, or subcontractors hereunder shall be delivered to the Local Government Members promptly upon the cancellation, termination or completion of
this MOU.
Q. Notice. All notices, requests, demands or other communications required or permitted by the terms of this MOU will be given in writing and delivered to the Parties of this MOU as follows:
1. Jefferson Center for Mental Health
CEO & President
4851 Independence Street Wheat Ridge, CO 80033 2. Jefferson County
County Commissioners
700 Jefferson County Parkway, Suite 300 Golden, CO 80401 3. City of Arvada
City Manager
8101 Ralston Rd. Arvada, CO 80002 4. City of Edgewater
City Manager
2401 Sheridan Boulevard Edgewater, CO 80214 5. City of Golden
City Manager
911 10th Street Golden, CO 80401 6. City of Lakewood
Chief of Police
480 S. Allison Pkwy. Lakewood, CO 80226 7. City of Wheat Ridge
City Manager
7500 W. 29th Ave. Wheat Ridge, CO 80033
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8. City of Westminster
City Manager 4800 W. 92nd Ave. Westminster, CO 80031
or to such other address as any Party may from time to time notify the other.
The Parties execute this MOU on the most recent date indicated below.
COUNTY OF JEFFERSON
By: _____________________________ Title:____________________________
Date: ____________________________
JEFFERSON CENTER FOR MENTAL HEALTH
_____________________________
Harriet L. Hall, President
Date: ___________________________
CITY OF ARVADA
________________________________ Marc Williams, Mayor
Date: ___________________________
CITY OF EDGEWATER
________________________________
Laura Keegan, Mayor
Date: ___________________________
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CITY OF GOLDEN
_____________________________________
Marjorie N. Sloan, Mayor
Date: ___________________________
CITY OF LAKEWOOD
_____________________________________
Adam Paul, Mayor
Date: ___________________________
CITY OF WESTMINSTER
____________________________________
Herb Atchison, Mayor
Date: ___________________________
CITY OF WHEAT RIDGE
________________________________
Bud Starker, Mayor
Date: ___________________________
JEFFERSON COUNTY SHERIFF
________________________________
Jeff Shrader, Sheriff
Date: ___________________________
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EXHIBIT A
JCMH Quarterly Reporting Form
For the three month period ending on ________________________
Local Government Member
Number of
Patients served from:
Percentage one-
time Patients
Percentage
repeat Patients
Percentage of
Patients receiving other mental and behavioral health services Jefferson County
City of Arvada
City of Edgewater
City of Golden
City of Lakewood
City of Wheat Ridge
City of Westminster
Non-Participating local government referring Patients
Number of Patients Served Amount Billed Amount Paid Other Details
Other Data: [JCMH please fill in]
______________________________________________________________________________
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EXHIBIT B
Preadmission and Admission Protocols
PRE-ADMISSION PROTOCOLS
1. A Medical Screening Required Form will be used by the admissions technician to screen
clients with the transporting officer present.
2. Medical refusals will be transported by ambulance, outreach van driver from JCMH or the
officer in that order. The officer will be involved in that decision based on safety needs.
3. Clients who do not demonstrate behavioral self-control at the time of admission may present
a danger to themselves or others including staff. If a definitive refusal is obtained at
screening using the Police Referral Screening Tool, the patient will be transported to the
hospital for a medical assessment by the original agency.
4. If a medical release is obtained and the patient is still not demonstrating behavioral self-
control, then the patient can be transported to the jail. Officers will contact the jail to
determine if there is space available for the withdrawal management.
5. If the jail is unavailable, the client shall be left in the care of medical staff until such time as
the client is no longer a danger to himself or others.
ADMISSION PROTOCOLS
1. Clients who are in the custody of the Facility and who become uncooperative and/or present
a danger to JCMH facility staff or other clients may be refused. JCMH facility staff will call
the Wheat Ridge Police Department when this occurs. A Police Referral Screening Tool will
be completed by JCMH facility staff citing the reasons for the refusal.
2. Wheat Ridge Police Department will transport the client to the hospital for a medical
assessment.
3. If a medical release is obtained and the patient is still not demonstrating behavioral self-
control, then the patient can be transported to the jail. Officers will contact the jail to
determine if there is space available for the withdrawal management.
4. If the jail is unavailable, the client shall be left in the care of medical staff until such time as
the client is no longer a danger to himself or others.
ITEM NO: DATE: December 11, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 46-2017 – A RESOLUTION
APPROVING A DISPATCHER TRANSITION AND LICENSE
AGREEMENT WITH THE JEFFERSON COUNTY COMMUNICATIONS CENTER AUTHORITY PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Chief of Police City Manager ISSUE:
Effective January 1, 2018, employees of the Wheat Ridge Communications Center will become employees of the Jefferson County Communications Center Authority (Jeffcom). The attached agreement outlines the terms and conditions of the transfer of Wheat Ridge Communication Center employees to Jeffcom, as well as the conditions that will allow Jeffcom employees to
utilize the Wheat Ridge Police Department’s Public Safety Answering Point (PSAP) until the
transfer of these call-takers and dispatchers to Jeffcom in 2018. PRIOR ACTION: An Intergovernmental Agreement (IGA) was approved by City Council on March 28, 2016, to
provide for a single call-taking and dispatch center for police and fire agencies in Jefferson
County. FINANCIAL IMPACT: Funds were budgeted in the 2018 Police Department General Fund Budget to pay Jeffcom costs
in 2018. The 2018 General Fund cost is $645,747 for Jeffcom services.
Council Action Form – Dispatcher Transition License Agreement
December 11, 2017
Page 2 BACKGROUND: The Jeffcom IGA approved on March 28, 2016 outlined the process to create a new, regional
public safety answering point (PSAP) and the Dispatcher Transition and License Agreement is a necessary step for the transition to the new communications center in 2018. The current transition plan calls for Wheat Ridge Communication Center employees to become employees of Jeffcom effective January 1, 2018, at 12:01 a.m., and for these employees to continue to utilize
the Wheat Ridge Communications Center until the cutover date.
The Jefferson County Sheriff’s Office and the Golden Police Department will cut-over to Jeffcom in mid-February. In mid-March, the Arvada Police Department, Arvada Fire District and Wheat Ridge Police Department will cut-over operations to Jeffcom. The Lakewood Police
Department and Evergreen Fire District will transition effective April 1, 2018, and West Metro
Fire District is already located in the new center. From a personnel perspective, it was important to identify which member agencies’ employees were moving to Jeffcom, establish a pay and benefits plan, and identify team leaders for the new
center. In reviewing the transition plan, the Jeffcom Board realized the importance of having
employees know they had a position at Jeffcom, including information on salary and benefits. All Wheat Ridge Communication Center employees have been engaged with staff from the Police Department, Human Resources and Jeffcom throughout this process. All employees were provided with Jeffcom employment letters, as well as information on salaries and benefits.
Jeffcom will be conducting benefit enrollment in early December. Supervisory reporting
relationships will be established between Jeffcom and Wheat Ridge command staff prior to the transition. RECOMMENDATIONS: Police Department staff recommends that City Council approve the Dispatcher Transition
and License Agreement with Jeffcom. RECOMMENDED MOTION: “I move to approve Resolution No. 46-2017, a resolution approving a Dispatcher Transition and
License Agreement with the Jefferson County Communication Center Authority.
Or, “I move to postpone indefinitely Resolution No. 46-2017, a resolution approving a Dispatcher
Transition and License Agreement with the Jefferson County Communication Center Authority
for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Daniel Brennan, Chief of Police
Patrick Goff, City Manager
Council Action Form – Dispatcher Transition License Agreement
December 11, 2017
Page 3 ATTACHMENTS: 1. Resolution No. 46-2017
2. Jeffcom dispatcher transition and license agreement
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 46
Series of 2017
TITLE: A RESOLUTION APPROVING A DISPATCHER TRANSITION AND LICENSE AGREEMENT WITH THE JEFFERSON COUNTY COMMUNICATIONS CENTER AUTHORITY
WHEREAS, the City of Wheat Ridge, Colorado (the “City), acting through its City Council (“Council”) is a home rule municipality with statutory and constitutional authority to enact ordinances and enter into agreements for protection of the public health, safety and welfare; and
WHEREAS, Part 2 of Article 1 of Title 29, C.R.S., authorizes the City to enter into
agreements with other governmental entities to cooperate in the provision of any function, service, or facility each is authorized to provide; and
WHEREAS, the Jefferson County Communications Center Authority (“Jeffcom”) is a separate governmental entity created by an intergovernmental agreement, to which
the City is a party, for purposes of providing emergency services reporting, dispatching
and communication services to its member agencies (the “Creation Agreement”); and
WHEREAS, under the Creation Agreement, Jeffcom will eventually operate a centralized communications and dispatching center in Lakewood, Colorado (“Dispatch Center”) that will enable consolidation of all member agencies’ dispatching centers; and
WHEREAS, under the Creation Agreement, Wheat Ridge dispatching employees
will become Jeffcom employees on January 1, 2018, however, the Dispatch Center will not be operational until sometime after January 1, 2018; and
WHEREAS, Jeffcom has proposed an agreement under which current Wheat Ridge dispatching employees may continue to use Wheat Ridge dispatching facilities in
2018 until such employees are moved and transitioned to the Dispatch Center,
projected to occur no later than May, 2018; and
WHEREAS, the City Council finds and determines that the proposed transition agreement is in the best interest of the public health, safety and welfare, by ensuring that local dispatch services continue to be available and reliable during the transition of
those critical public safety services to a new physical location; and
WHEREAS, Section 14.2 of the Wheat Ridge Home Rule Charter authorizes the Council, acting by resolution or ordinance, to approve intergovernmental agreements.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
The attached Dispatcher Transition and License Agreement between the City and the
Jefferson County Communications Center Authority is hereby approved. The Mayor
and City Clerk are authorized to execute the same.
ATTACHMENT 1
2
DONE AND RESOLVED this 11th day of December 2017.
Bud Starker, Mayor ATTEST:
Janelle Shaver, City Clerk
{00589302.DOCX / }
DISPATCHER TRANSITION AND LICENSE AGREEMENT
THIS DISPATCHER TRANSITION AND LICENSE AGREEMENT
(“Agreement”) is made and entered into as of January 1, 2018 by and between the
Jefferson County Communications Center Authority (“Jeffcom”) and the City of Wheat
Ridge (“Wheat Ridge”). Jeffcom and Wheat Ridge are collectively referred to herein as,
the “Parties.”
RECITALS
A. Wheat Ridge is a home rule municipality duly organized and existing under Articles XX of the Colorado Constitution and the Wheat Ridge Home Rule Charter; and
B. Jeffcom is a separate governmental entity created pursuant to Section 29-1-203, C.R.S., by the Intergovernmental Agreement Establishing the Jefferson County Communications Center Authority (“Creation Agreement”) entered into by and among the Cities of Arvada, Golden, Lakewood and Wheat Ridge; the Jefferson County Sheriff’s Office; and Arvada Fire Protection District, Evergreen Fire Protection District and West Metro Fire Protection District (collectively, the “Members”); and
C. Jeffcom was established to provide emergency services reporting,
dispatching, and communications, along with coordination and support services between
the Members and between the Members and public or private entities that have entered
into an agreement for such services with Jeffcom; and
D. Pursuant to Paragraph 3.4.1 of the Creation Agreement, Jeffcom is
constructing a communications and dispatching center on behalf of the Members at
433 S. Allison Way, Lakewood, Colorado 80226 (“Dispatch Center”) that will enable
consolidation of the Members’ respective public safety answering point (“PSAP”)
operations; and
E. Pursuant to Paragraphs 3.4.4 and 3.4.6 of the Creation Agreement, Jeffcom has the power to enter into, make and perform contracts of every kind and to hire, manage, and terminate employees, respectively; and
F. Pursuant to Paragraph 6.4 of the Creation Agreement, employment of Wheat Ridge’s PSAP personnel (“Dispatchers”) will be transferred from Wheat Ridge to Jeffcom as of January 1, 2018, however, the Parties expect the Dispatch Center will not begin active operations as a PSAP until after January 1, 2018; and
G. Despite being employed by Jeffcom as of January 1, 2018, some or all of the Dispatchers will continue to work temporarily at the PSAP operated by Wheat Ridge
(the “Wheat Ridge PSAP”), until sometime after the Dispatch Center begins active
operations; and
ATTACHMENT 2
{00589302.DOCX / } 2
H. The Dispatchers will begin working at the Dispatch Center in phases over a
period of several months, which is anticipated to occur between February and April, 2018
(the “Transition Period”); and
I. This Agreement sets forth the terms and conditions upon which Wheat
Ridge will transfer its Dispatchers to Jeffcom and allow the Dispatchers to use the Wheat
Ridge PSAP during the Transition Period.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties agree as follows.
1. Term. The term of this Agreement shall commence on January 1, 2018 and expire on the date on which all Dispatchers are working at the Dispatch Center, which is expected to be on or before May 31, 2018, and in no event later than December 31, 2018.
2. Employment Transfer Date. All Dispatchers shall cease to be employees of Wheat Ridge at midnight on December 31, 2017 and shall become employees of Jeffcom at 12:01 a.m. on January 1, 2018.
3. Work Location; Grant of License.
(a) All Dispatchers shall continue to work at the Wheat Ridge PSAP until Jeffcom directs such Dispatchers to begin working at the Dispatch Center. The
Dispatchers will begin working at the Dispatch Center in phases, according to a schedule
determined by Jeffcom, but in no event shall any Dispatcher continue working at the
Wheat Ridge PSAP past May 31, 2018.
(b) Wheat Ridge hereby grants to Jeffcom and its employees a
revocable, non-exclusive license (the “License”) to enter into and use the Wheat Ridge
PSAP at any time for use in connection with the dispatching services provided by the
Dispatchers during the Transition Period. The License includes the right to access and
use the common areas and parking lots associated with the Wheat Ridge PSAP and the right to use the furniture and equipment currently located in the Wheat Ridge PSAP. Jeffcom shall be solely responsible for any damage caused by Jeffcom or its employees to the Wheat Ridge PSAP and associated common areas, parking lots, furniture, and equipment. Wheat Ridge will provide all utilities necessary for Jeffcom’s use of the Wheat Ridge PSAP including, without limitation, telephone and Internet service. The Parties shall exercise reasonable efforts to avoid or minimize any interference with each other’s operations.
4. Supervision. Beginning January 1, 2018, the Dispatchers shall be supervised exclusively by Jeffcom, regardless of whether their work location is the Dispatch Center or the Wheat Ridge PSAP. Any job-related communications between
{00589302.DOCX / } 3
Wheat Ridge and a Dispatcher during the Transition Period shall be made through
Jeffcom. Wheat Ridge shall notify Jeffcom, not the Dispatcher, of any problems or
concerns it has with respect to a Dispatcher during the Transition Period. If any
Dispatcher violates Jeffcom’s policies or procedures, or any applicable policies and
procedures of the Wheat Ridge PSAP, Wheat Ridge may recommend specific
disciplinary action it believes is appropriate for such Dispatcher, and/or may request that
the Dispatcher be removed from the Wheat Ridge PSAP and reassigned to a different
location. All disciplinary action for Dispatchers will be determined by Jeffcom in its sole discretion. Jeffcom shall notify Wheat Ridge of any change in employment status of a Dispatcher assigned to the Wheat Ridge PSAP, including resignation, termination, or any disciplinary action.
5. Wages; Benefits. Beginning January 1, 2018, Jeffcom shall pay the Dispatchers’ wages, including any overtime compensation, and provide benefits in accordance with policies adopted by Jeffcom. After such date, Wheat Ridge shall have no obligation to pay or otherwise fund any portion of Dispatchers’ wages and benefits. Jeffcom shall pay, withhold and transmit payroll taxes and provide unemployment insurance and workers’ compensation benefits.
6. Liability. Beginning January 1, 2018, Jeffcom shall be liable for the
intentional or negligent acts and omissions of the Dispatchers who are employees of
Jeffcom, regardless of whether their work location is the Dispatch Center or the Wheat
Ridge PSAP. To the extent permitted by law, Jeffcom shall indemnify, defend and hold
harmless Wheat Ridge and its directors, officers, employees and volunteers (collectively,
“Indemnitees”) against any and all loss, damage, claim or suit (including reasonable
attorneys’ fees, costs and expenses) arising from or relating to any intentional or
negligent act or omission by Jeffcom or its employees while on Wheat Ridge’s premises
or using the Wheat Ridge PSAP. Wheat Ridge has the sole right to choose legal counsel to represent the Indemnitees in any claim arising under this section, notwithstanding Jeffcom’s obligation to pay the reasonable attorneys’ fees, costs and expenses incurred by such legal counsel. Notwithstanding the foregoing, under no circumstances shall Jeffcom or Wheat Ridge be liable to the other party for special, punitive, indirect or consequential damages arising out of or in connection with this Agreement. The Parties are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, defenses and protections provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S., as from time to time amended (“CGIA”), or otherwise available to the Parties or its officers or employees. This section shall survive termination of this Agreement.
7. Insurance. The Parties shall maintain broad form general liability, property
damage, and automotive liability insurance in the minimum amount of $350,000 for
bodily injury, death, or damage to property of any person and $990,000 for bodily injury,
death, or damage to property of more than one person, or the maximum amount that may
{00589302.DOCX / } 4
be recovered under the CGIA, whichever is higher. All insurance policies (except
workers’ compensation) maintained by Jeffcom during the term of the Agreement shall
include Wheat Ridge and its elected officials and employees as additional insureds, and
all insurance policies (except workers’ compensation) maintained by Wheat Ridge for the
term of the Agreement shall include Jeffcom and its elected officials and employees as
additional insureds.
8. Binding Effect. This writing constitutes the entire agreement between the
Parties and shall be binding upon the Parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of the Parties.
9. Law; Jurisdiction and Venue. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. Jurisdiction and venue for any dispute between the Parties arising out of or relating to this Agreement shall lie exclusively in the State of Colorado District Court for Jefferson County.
10. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement.
11. Counterparts, Electronic Signatures and Electronic Records. This
Agreement may be executed in two counterparts, each of which shall be an original, but
all of which, together, shall constitute one and the same instrument. The Parties consent
to the use of electronic signatures and agree that the transaction may be conducted
electronically pursuant to the Uniform Electronic Transactions Act, § 24-71.3-101, et
seq., C.R.S. The Agreement and any other documents requiring a signature may be
signed electronically by either Party. The Parties agree not to deny the legal effect or
enforceability of the Agreement, solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature on the grounds that it is an electronic record or an electronic signature or that it is not in its original form or is not an original.
12. No Third-Party Beneficiaries. The Parties to this Agreement do not intend to benefit any person not a party to this Agreement. No person or entity, other than the Parties to this Agreement, shall have any right, legal or equitable, to enforce any provision of this Agreement.
13. Assignment. This Agreement shall not be assigned or delegated except with the prior written consent of the Parties.
{00589302.DOCX / } 5
14. Alternative Dispute Resolution. In the event of any dispute or claim arising
from or related to this Agreement, the Parties shall use their best efforts to settle such
dispute or claim through good faith negotiations with each other. If such dispute or claim
is not settled through negotiations within thirty (30) days after the earliest date on which
one party notifies the other party in writing of its desire to attempt to resolve such dispute
or claim through negotiations, then the Parties agree to attempt in good faith to settle such
dispute or claim by mediation conducted under the auspices of the Judicial Arbiter Group
(“JAG”) of Denver, Colorado or, if JAG is no longer in existence, or if the Parties agree otherwise, then under the auspices of a recognized established mediation service within the State of Colorado. Such mediation shall be conducted within sixty (60) days following either party’s written request therefor. If such dispute or claim is not settled through mediation, then either party may initiate a civil action in the District Court for Jefferson County.
JEFFERSON COUNTY COMMUNICATIONS CENTER AUTHORITY By:
Name:
Title:
CITY OF WHEAT RIDGE
By: Name: Bud Starker Title: Mayor ATTEST: Janelle Shaver, City Clerk
ITEM NO: DATE: December 11, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: A MOTION TO APPROVE PAYMENT TO THE JEFFERSON
COUNTY COMMUNICATIONS AUTHORITY IN THE
AMOUNT OF $645,747 FOR E-911 CALL-TAKING AND POLICE RADIO DISPATCH SERVICES PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Chief of Police City Manager ISSUE: The Police Department is requesting authorization of a payment to the Jefferson County
Communications Authority (Jeffcom) in the amount of $645,747, which is the City’s 2018 share of costs for the regional call-taking and dispatch center for police and fire agencies in Jefferson County. PRIOR ACTION:
An Intergovernmental Agreement (IGA) was approved by City Council on March 28, 2016, to provide for a single call-taking and dispatch center for police and fire agencies in Jefferson County. The IGA outlines a funding formula termed the Equitable Sharing Cost Allocation Funding Formula. This formula includes standardized staffing costs, taking into account the costs expended
by each Member to provide its own emergency services communications and dispatching center.
The formula includes costs for supplies, services, equipment, maintenance and reserve funding, as well as employee salaries, benefits and training. FINANCIAL IMPACT: Per the IGA, the City is responsible for 6.1% of the operating costs for Jeffcom, which is $645,747
in 2018, to be paid in quarterly payments. The quarterly payments are $161,436.75. These costs were anticipated and were included in the 2018 Police Department General Fund Budget, under
Council Action Form – Jeffcom 2018 Payment
December 11, 2017
Page 2 account numbers 01-201-700-750 (Police Administration) and 01-204-600-602 (Communications
Center).
BACKGROUND: City Council approved an IGA in 2016, which established Jeffcom. Jeffcom will become operational on January 1, 2018, at 12:01 a.m., at which time Jeffcom assumes financial
responsibilities for employee salaries, benefits, training, supplies, services, equipment,
maintenance, and reserve funding. Section 7.2 of the Jeffcom IGA establishes the process of establishing the initial budget for Jeffcom, and Section 7.3 describes the requirements for establishing the Annual Budget. The
initial IGA contemplated Jeffcom providing services by July 2017; however, due to the scope
and complexity of this consolidation, the actual transition to Jeffcom was delayed until 2018. The current transition schedule has Wheat Ridge Communication Center employees becoming Jeffcom employees on January 1, 2018, and the transition of call-taking and dispatching services to the new Jeffcom facility occurring as early as March 2018.
The IGA outlines that the quarterly payments shall be paid, “… on the first day of each quarter of the next immediately following fiscal year (January 1st, April 1st, July 1st and October 1st) or on such other schedule as may be determined by the Board.”
RECOMMENDATIONS:
Staff recommends that the City Council approve the payment of $645,747 to the Jefferson County Communications Center Authority for E-911 call-taking and police dispatching services in 2018. This payment will be distributed in quarterly payments as outlined in the IGA. RECOMMENDED MOTION:
“I move to approve payment to Jefferson County Communications Center Authority in the amount of $645,747 for E-911 call-taking and police radio dispatch services.” Or,
“I move to deny payment to Jefferson County Communications Center Authority in the amount of $645,747 for E-911 call-taking and police radio dispatch services for the following reasons _______________________________________________________________________.”
REPORT PREPARED/REVIEWED BY:
Daniel Brennan, Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. 2018 Jeffcom Invoice
JEFFERSON COUNTY COMMUNICATIONS CENTER AUTHORITY (JEFFCOM 911)
C/O COMMUNITY RESOURCE SERVICES, LLC
7995 E. PRENTICE AVENUE, SUITE 103E GREENWOOD VILLAGE, CO 80111 (303) 381-4960
INVOICE NO.
WP-2018-1
Wheat Ridge Police Department DUE DATE AMOUNT DUE
c/o Chief Brennan 7500 W 29th Ave 12/31/2017 $161,436.75
Wheat Ridge, CO 80033
PLEASE RETURN THIS PORTION WITH YOUR PAYMENT. THANK YOU
INVOICE PIEROD INVOICE
INVOICE NO. DATE INVOICE MAILED FROM TO AMOUNT
WP-2018-1 12/1/2017 01/01/2018 3/31/2018 $161,436.75
DESCRIPTION NET AMOUNT
1ST QTR - MEMBER AGENCY CONTRIBUTION TO JEFFCOM PER IGA
$161,436.75
TOTAL AMOUNT DUE BY ►
12/31/2017 $161,436.75
Jefferson County Communications Center Authority (Jeffcom911)
Retain this portion for your records.
ATTACHMENT 1
ITEM NO: DATE: December 11, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPOINT ELECTED OFFICIALS TO
OUTSIDE AGENCIES
PUBLIC HEARING ORDINANCES FOR 1ST READING (10/12/15) BIDS/MOTIONS ORDINANCES FOR 2ND READING (10/26/15)
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________
City Clerk City Manager ISSUE: 2018 Outside Agency Committee appointments
PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: City representatives are appointed to the various agencies at a regular City Council Meeting by motion.
RECOMMENDATIONS: Per Mayor Starker the following Outside Agency positions for appointment are:
• Applewood Business Association
• Jefferson County School Liaison
Council Action Form – Outside Agency Appointments
December 11, 2017
Page 2 RECOMMENDED MOTION: “I move to appoint Council Member Janeece Hoppe to the Jefferson County School Liaison
position, with Council Member Leah Dozeman appointed as alternate.” And,
“I move to appoint Council Member Janeece Hoppe to the Applewood Business Association.”
Or, “I move to deny the appointment of __________________ for the following reason(s)
_____________________________.”
REPORT PREPARED/REVIEWED BY: Janice Smothers, Administrative Assistant to the Mayor and City Council Patrick Goff, City Manager
ATTACHMENT: 1. Special Committees/Council Appointments, Updated December 11, 2017
SPECIAL COMMITTEES/COUNCIL APPOINTMENTS CITY OF WHEAT RIDGE
UPDATED December 11, 2017
BOARDS AND COMMISSIONS AUTHORIZED BY SECTION 2-15 THROUGH 2-26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE POLICE PENSION FUND BOARD OF TRUSTEES
Bud Starker Mayor 303-235-2800
Janelle Shaver City Clerk 303-235-2823 Jerry DiTullio Treasurer 303-235-2810
COLORADO MUNICIPAL LEAGUE (CML)
Zachary Urban Council Member
Monica Duran Council Member Alternate
DRCOG
Bud Starker Mayor
George Pond Council Member Alternate
JEFFERSON COUNTY COMMUNITY CORRECTIONS BOARD
Janelle Shaver City Clerk
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
Ken Johnstone City Director
Tim Fitzgerald Alternate JEFFERSON ECONOMIC COUNCIL Bud Starker Mayor/Council Member JEFFCO TRANSPORTATION ACTION AND ADVOCACY GROUP
George Pond Council Member
POLICE SEIZURE FUND
Larry Mathews Council Member
HOUSING AUTHORITY
Tim Fitzgerald Council Member
ATTACHMENT 1
RENEWAL WHEAT RIDGE
Kristi Davis Council Member WEST CHAMBER
Kristi Davis Council Member
Jerry DiTullio Alternate
APPLEWOOD BUSINESS ASSOCIATION
Janeece Hoppe Council Member
JEFFERSON COUNTY SCHOOL LIAISON
Janeece Hoppe Council Member
Leah Dozeman Council Member Alternate WHEAT RIDGE BUSINESS DISTRICT
Bud Starker Mayor
Tim Fitzgerald Council Member
Janeece Hoppe Council Appointed